No person, except as hereinafter stated, shall sell, offer for
sale or solicit orders for any goods, wares or merchandise within
the Town of Marlborough without a license (hereinafter referred to
as the "peddling license") issued by the Town Clerk's office upon
the filing of an application as hereafter provided.
The following activity shall not require a peddling license:
A. Sales by farmers and gardeners of the produce of their farms and
gardens, the sale, distribution and delivery of milk, teas, coffees,
water, spices, groceries, meats and bakery goods, newspapers, sales
on approval, conditional sales of merchandise and any other persons
or sales which may be exempt from such regulation by the General Statutes.
B. Sales by persons having an established place of business in the Town
of Marlborough.
C. Sales to dealers and business establishments.
D. Sales for the benefit of a charitable organization located in Marlborough;
a regional or charitable organization that, though not located within
Marlborough, provides services to residents of Marlborough (e.g.,
the Andover Hebron Marlborough Youth and Family Services organization,
etc.); or a charitable organization approved by the state.
E. Sales by persons for their own account who are residents of the Town
of Marlborough and who have not attained 16 years of age.
F. An activity otherwise exempted by law.
The application for a peddling license shall be filed with the
Town Clerk's office, in writing, and shall contain the following information:
A. The full name and description of the applicant; if a partnership,
the names of all partners; if a corporation, club or association,
the name of agent, officers and directors.
B. The permanent home address and business address of the applicant.
C. The full and legal name and address of the applicant's employer.
D. If a vehicle is to be used in relation to the peddling license, a
description of the same, together with the license or other registration
number or other similar means of identification.
E. A description of the nature of the business and any goods to be sold.
F. A sample copy of all of the materials which the applicant intends
to provide to potential customers shall be provided with the application.
G. A certificate of insurance for each policy applicable to the business
that is subject of the application, including, but not limited to,
general liability and workers' compensation insurance.
Prior to the issuance of such peddling license, each applicant
and all persons registered as helpers shall undergo a Connecticut
State Police Records Check (SPRC) and submit the results of the same
to the Town Clerk's office.
The Town Clerk shall issue the license or provide written notice
of the denial of the same within 30 days of receipt of the completed
application or the submission of the results of the aforesaid background
check, whichever date is later.
In the event any such license is denied by the Town Clerk's
office, the applicant may appeal by making a written request within
five days of such denial for a hearing before the Board of Selectmen
at the next regularly scheduled meeting or a special meeting called
for this purpose within 30 days of the denial.
The peddling license fee shall be $100 per year. Each person
helping or assisting in the sale, offering items for sale, or soliciting
orders shall be individually licensed and shall pay the license fee.
All such peddling licenses shall expire on the 31st day of December
following the date of issuance.
The Town Clerk shall issue to such persons as shall qualify
a card or button bearing the name and address of the licensee, the
name and address of his employer, if any, and the expiration date
of the license, signed by the Town Clerk's office.
No peddler's license shall be used at any time by any person
other than the one to whom it was issued.
It shall be the duty of the Town Clerk's office to keep a record
of all peddling licenses and a detailed account of all receipts for
such licenses, which receipts shall be turned over monthly to the
Town Treasurer.
A peddler or solicitor using a vehicle shall have no exclusive
right to any location on public streets or public property, shall
not be permitted any stationary location therein, and shall not be
permitted to operate in any congested area or any area where his operations
might impede or inconvenience the public. For the purpose of this
chapter, the judgment of a police officer or Town official, exercised
in good faith, shall be deemed conclusive as to whether the area is
congested or the public impeded or inconvenienced.
Each individual holding a peddler's license must present his
peddling license upon his arrival at the property of any potential
customer and upon the request by any individual.
Calls at the dwelling of any person for sale or solicitation
by any licensee between the hours of 6:00 p.m. and 8:00 a.m. are prohibited,
except by appointment with the owner or tenant of the property.
All peddling licenses shall expire on the 31st day of December
following the date of issuance.