[HISTORY: Adopted by the Town Meeting of the Town of Plainville 5-31-1955; amended by the Town Council 8-4-1969; 6-21-1971; 4-5-1976. Subsequent amendments noted where applicable.]
It shall be unlawful for any person to engage in the business of peddler, itinerant vendor, solicitor or canvasser as defined in § 292-2 of this chapter within the corporate limits of the Town of Plainville without first obtaining a license as prescribed herein.
As used in this chapter, the following terms shall have the meanings indicated:
- CANVASSER or SOLICITOR
- Any person, traveling by foot, animal or vehicle from house to house in the Town of Plainville, taking or attempting to take orders for the sale of goods, wares or merchandise for future delivery, or for services to be performed in the future, whether or not such solicited sales are by sample, and whether or not deposits or advance payments are collected.
- Includes "hawker" and shall mean any person, as defined in this section, who shall go from place to place in the Town of Plainville selling or bartering, or carrying for sale or barter, or exposing therefor, any goods, wares or merchandise, either on foot or from any animal or vehicle.
- Any individual or group of individuals associated in any form, whether principal or agent, unless specifically exempted by statute from the provisions hereof.
- VENDOR or ITINERANT VENDOR
- Any person, whether principal or agent, who engages in a temporary or transient business in the Town of Plainville, either in one locality or in traveling from place to place, selling goods, wares, merchandise or foodstuffs.
Applicants for a license hereunder must complete and file with the Chief of Police of the Town of Plainville an annual license application form.
No person making application for a license to peddle or vend foodstuffs shall be issued such license until he has provided to the Chief of Police of the Town of Plainville a certificate signed by the Director of Health of the Town of Plainville. Said certificate shall state that the Director of Health has approved the methods and equipment utilized by the applicant as being in accordance with § 19-13-B48 of the Public Health Code of the State of Connecticut and any other applicable section therein. Prior to issuance of said certificate, the applicant shall be required to furnish to the Director of Health a statement of health, signed by a physician, on the applicant and on any of the applicant's personnel engaged in the handling of foodstuffs, together with the results of any medical tests which the Director of Health may deem to be desirable to prevent the spread of disease within the Town of Plainville.
The certificate required by Subsection A of this section may be revoked at any time by the Director of Health for failure to comply with any applicable provision of the Public Health Code of the State of Connecticut. Expiration or revocation of said certificate shall be cause for immediate revocation of the license issued under § 292-5 of this chapter.
The Director of Health may waive the requirement for such certificate at his discretion; such waiver shall be provided by him, in writing, to the Chief of Police of the Town of Plainville.
Upon receipt of the application required by § 292-3 of this chapter, the Chief of Police of the Town of Plainville shall make such investigation as in his judgment is required to establish the fitness of the applicant in the interest of the public welfare.
If the applicant's fitness is found unsatisfactory, the Chief of Police of the Town of Plainville shall endorse on such application the reasons for disapproval and notify the applicant that no license will be issued.
If the applicant's fitness is found satisfactory, the Chief of Police of the Town of Plainville shall approve the application and issue a license to the applicant upon payment of the license fee as provided in Chapter 215, Fees. Such license shall contain the signature of the issuing officer, the name and address of the applicant, a description of the nature of the goods to be sold, the amount of fee paid, the date of issuance and expiration date of the license, and identifying description of any vehicle used in such peddling. Each licensee shall receive with his license a badge or certificate bearing the name of the licensee and the words "Licensed Peddler, Town of Plainville" or "Licensed Solicitor, Town of Plainville," as the case may be, together with expiration date of the license.
No municipal license issued under this chapter shall be valid unless the holder thereof also holds a valid state license, if such state license shall be required under the provisions of Chapter 407 of the Connecticut General Statutes.
Such badge shall be worn conspicuously on any outer garment of the licensee while engaged in peddling, vending or soliciting, and the license must be shown to any inhabitant of the Town upon request.
No such badge or license shall be worn or used by any person other than the licensee to whom the same was issued.
Any person soliciting, vending or peddling within the Town of Plainville, whether or not required to obtain a license under the provisions of this chapter, shall conform to the following regulations:
The solicitor, vendor or peddler shall conduct himself at all times in an orderly and lawful manner.
The solicitor, vendor or peddler shall give a written receipt for all orders taken within the Town of Plainville, which receipt shall be signed by the solicitor, vendor or peddler and shall set forth a brief description of the goods, wares or merchandise ordered, the total purchase price thereof, and the amount of the down payment received by the solicitor, vendor or peddler from the purchaser, if any.
No peddler, vendor or solicitor nor any person in his behalf shall shout, make any cry out, blow a horn, ring a bell or use any sound device, including any loudspeaking radio or sound-amplifying system, upon any of the streets, alleys, parks or other public places of said Town or upon any private premises in said Town where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
No peddler, vendor or solicitor shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall any be permitted to operate in any congested area where his operations might impede or inconvenience the public.
It shall be the duty of any police officer of the Town of Plainville to require any person seen peddling, vending or soliciting, and who is not known by such officer to be duly licensed, to produce his peddler's, vendor's or solicitor's license and to enforce the provisions of this chapter against any person found to be violating the same.
Licenses issued under the provisions of this chapter may be revoked by the Council after notice of hearing for any of the following causes:
Fraud, misrepresentation, or false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on his business as peddler, vendor or solicitor.
Any violation of this chapter.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting the business of peddling, vending or soliciting in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $199.
This chapter shall not apply to sales by farmers and gardeners of the produce of their farms, gardens and greenhouses, including fruit, vegetables and flowers, or to the sale, distribution and delivery of milk, teas, coffees, spices, groceries, newspapers, meats and bakery goods; to sales on approval; to conditional sale of merchandise; or to the taking of orders for merchandise for future delivery when full payment is not required at the time of solicitation.
This chapter shall not apply to salesmen selling goods to retail or wholesale stores for resale. Any person who has, and has had for the preceding 12 months, a regular place of business within the Town of Plainville, and any person employed by or soliciting for any person, firm or corporation that has, and has had for the preceding 12 months, a regular place of business within the Town of Plainville shall not be required to obtain a license before soliciting orders, but all other provisions of this chapter shall apply to such persons.
Charitable, philanthropic, ecclesiastical and civic organizations shall be exempt from any fees associated with the provisions of this chapter, provided that each person before peddling, vending or soliciting on behalf of the same shall register with the Police Department the name and address of the organization, the name and address of persons intending to peddle, vend or solicit and the purpose or object therefor. A copy of such registration shall be provided each registrant.