Unless excluded or the event constitutes a special event as
defined herein, it shall be unlawful for any person, as defined herein,
to solicit, peddle, or vend on a transient basis within the City of
Middletown without first obtaining a license from the Police Department
in compliance with the provisions of this chapter. All licenses shall
be issued by the Chief of Police or his/her duly authorized designee.
The Chief of Police or his/her duly authorized designee shall issue
licenses, collect any necessary fees, and conduct any necessary background
checks required under this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
BUSINESS
An organization or economic system where goods and services
are exchanged for one another or for money. Businesses can be privately
owned, not-for-profit or state-owned.
PERSON or VENDOR
Any individual, organization, trust, foundation, group, association,
partnership, corporation, society or any combination of them, whether
principal or agent, who or which shall:
A.
Go from place to place within the City soliciting orders for
future delivery of any goods, wares or merchandise, including magazines
and other printed matter, and shall include the words "solicitor"
and "canvasser"; or
B.
Go from place to place within the City selling or bartering
or carrying for sale or barter or exposing any goods, wares or merchandise,
either on foot or from any animal or vehicle, and shall include the
words "peddler," "hawker" and "huckster"; or
C.
Engage in a temporary or transient business in the City either
in one locality or in traveling from place to place, selling goods,
wares and merchandise, and who, for the purpose of carrying on such
business, shall lease or occupy any building or structure for the
exhibition and sale of such goods, wares, and merchandise in the City.
SPECIAL EVENT
An event occurring for a limited or fixed duration organized
through a person as defined herein and involving two or more vendors.
TEMPORARY OR TRANSIENT BUSINESS
Includes any exhibition and sale of goods, wares or merchandise
which is carried on in any tent, booth, building, mobile unit, or
other structure, unless such place is legally open for business in
the same locale during usual business hours for a period of at least
nine months in each year.
The provisions of this chapter, except as herein provided, shall
not apply to the following. Notwithstanding these exemptions, the
Police Department may require that persons falling within these exemptions
and hosting a special event as defined herein register with the Middletown
Police Department by providing a description of the event, a list
of all vendors who will sell goods, wares, or merchandise at the event,
a government-issued identification with photograph for each such vendor,
as well as evidence of a current State of Connecticut sales and use
tax permit or a tax exemption permit, as applicable. The Middletown
Police Department reserves the right to conduct a background check
for any vendor and its employees who will sell goods, wares, or merchandise
at such special event, to collect a fee of $5 to conduct a background
check for each such vendor or representative, to ensure that all vendors
are complying with state and federal law associated with the sale
of goods, wares, or merchandise, and/or to require such private duty
police support as the Police Department deems necessary to maintain
public safety, health, and wellness during such sales activity.
A. Sales made to dealers by commercial travelers or selling agents in
the usual course of business; to bona fide sales of goods, wares and
merchandise by sample for future delivery; to sales on approval; to
conditional sales of merchandise; to taking orders for merchandise
for future delivery when full payment is not required at the time
of solicitation; or to the sale, distribution and delivery of milk,
teas, coffees, spices, groceries, meats, bakery goods and newspapers.
B. Sales by farmers and gardeners of the produce of their farms and
gardens conducted off their own premises at a public farmers'
market, provided that they register with the Police Department. A
copy of such registration certificate shall be retained and displayed
at the place where sales are conducted. Said public farmers'
markets shall be held at the locations and dates designated by the
Common Council.
C. Sales by a local business which shall be limited to 10 days in any
calendar year in a location other than that of its usual business
location if such business has been established within the City and
remained opened for business for at least 12 months prior hereto.
The Chief of Police or his designee is authorized to issue a license
to any business requesting the same, provided said business qualifies
under the terms of this subsection. The fee shall be $25 per year.
If such business fails to qualify once a license has been issued for
any reason under the terms of this subsection, the license shall immediately
become null and void.
D. Sales of goods, wares or merchandise on the grounds of any incorporated
agricultural society during the continuance of any annual fair held
by such society or any general sale, fair, auction or bazaar held
or sponsored by an ecclesiastical society or church corporation or
tag sales, yard sales or garage sales on premises devoted to residential
use.
E. Sales by representatives of any organization which is tax exempt
pursuant to state or federal law, provided that such representative(s)
registers with the Police Department and, upon request, files a copy
of documentation evidencing tax-exempt status with the City/Town Clerk.
A copy of such registration certificate shall be retained and displayed
conspicuously at the place where sales are conducted.
F. Sales of goods, wares or merchandise, provided lapel pins, buttons,
flowers, small flags and similar novelties and books and magazines
shall not be construed to be goods, wares or merchandise within the
meaning of this subsection, by a veteran who has resided within the
State of Connecticut for a period of two years next preceding the
date of application for such license and who served in time of war,
as defined in C.G.S. § 27-103. Issuance of a license shall
be stayed for seven days pending an investigation. Upon request, the
veteran shall produce his certificate of honorable discharge from
the service or a copy thereof certified by the Town Clerk from the
records of the town where such discharge or certificate of discharge
is recorded as provided in C.G.S. § 12-93 for inspection,
together with a certificate from the City/Town Clerk that the applicant
is a resident of the state. Any person who makes a false representation
for the purpose of obtaining a license under this subsection shall
be fined not more than $25 and said license shall be automatically
revoked.
Each person, upon applying for a license, must show acceptable
proof to the Chief of Police or his designee of having been issued
a current State of Connecticut sales and use tax permit pursuant to
C.G.S. § 12-409 or must provide a tax exemption permit.
Each business or person granted a license, in accordance with
the provisions of this chapter, shall conspicuously wear or exhibit
the license at all times.
No person as defined under Subsection C of the definition of
"person or vendor" herein shall be relieved or exempted from the provisions
or requirements of this chapter by reason of associating himself,
herself or itself temporarily with any local dealer, auctioneer, trader
or merchant, or by conducting such temporary or transient business,
as defined herein, in connection with or in the name of any local
dealer, auctioneer, trader or merchant.
No person regulated under this chapter, including those exempted under §
218-3, shall operate on the public streets within 500 feet of the boundary line of property on which there is located any public or private elementary or secondary school, and said person shall not create a disturbance in the public streets by the continued blowing of a horn or other loud sound-producing device, such as a loudspeaker or equivalent thereto, but may make a signal on any street reasonably loud enough to attract attention of customers in the immediate vicinity. No person shall make any noise or signal before 8:00 a.m. or after 6:00 p.m. for the purpose of attracting customers for his business, and no soliciting or peddling of any kind, except the vending of ice cream and refreshments, shall be conducted within the City after 8:00 p.m. of any day, and no soliciting or peddling of any kind shall be conducted after 9:00 p.m. of any day.