[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:
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.[1]
Any individual or group of individuals associated in any
form, whether principal or agent, unless specifically exempted by
statute from the provisions hereof.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.[1]
D.
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.
A.
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.
B.
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:
A.
The solicitor, vendor or peddler shall conduct himself at all times
in an orderly and lawful manner.
B.
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.
A.
Licenses issued under the provisions of this chapter may be revoked
by the Council after notice of hearing for any of the following causes:[1]
(1)
Fraud, misrepresentation, or false statement contained in the application
for license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as peddler, vendor or solicitor.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
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.
B.
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.
A.
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.
B.
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.
