[HISTORY: Adopted by the Town of Burlington 6-20-2017. Amendments noted where applicable.]
The purpose of this chapter is to define, regulate and establish a permitting process for hawkers/peddlers in accordance with C.G.S. §§ 21-36 and 21-37 in an effort to secure the safety of the Town residents.
As used in this chapter, the following terms shall have the meanings indicated:
- HAWKER or PEDDLER
- Any person, whether principal or agent, who goes from town to town or from place to place, or a single temporary location in the same town, 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.
Each hawker/peddler, before commencing operations in the Town during each calendar year, shall first contact the First Selectman and provide the name of the business and its employees who will be working in Town, a brief description of the goods and services to be sold and the manner in which the sales will be conducted. The First Selectman shall explain the provisions of this chapter, including the permitting process.
The First Selectman shall notify the residents of Burlington that hawkers/peddlers will be going house to house in Town, providing the company name, name of the employee(s) and any other appropriate information. This notice shall be provided on the Town's website, by e-mails and any other means determined necessary by the Board of Selectmen.
Calls at the dwelling of any person by any hawker/peddler between the hours of 7:00 p.m. and 8:00 a.m. and on holidays are prohibited, except by appointment only.
This chapter shall not apply to the following:
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, meats and bakery goods, or any other persons or sales exempt by state statutes.
Sales by persons 18 years old or younger who are Town residents.
Sales for the benefit of a charitable organization recognized by the State of Connecticut and exempt from federal taxation under Section 501 of the IRS Code.
Sales by persons having an established place of business in the Town of Burlington.
Sales to dealers and business establishments.
Occasional tag sales, yard sales or garage sales on premises devoted to residential use.
Sales on Tavern Day or any similar event at the discretion of the First Selectman.
The application for such a permit shall be made to the First Selectman, in writing, and shall contain the following information:
The name, home address and/or local address of the applicant, along with name and address of the employer, including each person helping or assisting.
Copy of valid driver's license or photo identification.
Description/nature of business and goods, brochures, order forms and contracts.
Vehicle description and license plate.
Valid Connecticut sales and use permit.
Statement as to whether or not the applicant has ever been convicted of a crime, misdemeanor or violation of any municipal ordinance along with a description of the nature of the offense and penalty that was assessed.
Time period during which the applicant will be soliciting orders and the permit will be valid.
Permission and any additional information that may be required for a background check.
Agreement that the permit is not transferable, that it will be carried and displayed when requested and that the applicant will comply with this chapter.
In the event any such permit is denied, the applicant may appeal by making a written request within 14 days of the denial for a hearing before the Board of Selectmen.
The permit fees per year shall be determined from time to time by the Board of Selectmen.
All permits will expire at 12:00 midnight on the last day of December in each year, regardless of the date of issue.
No permit fee shall be required from any resident of this state who has resided within the state for a period of two years next preceding the date of the application for such permit, who is a veteran who served in time of war, as defined in C.G.S. § 27-103, a hawker or peddler as defined in C.G.S. § 21-36 and a principal pursuant to C.G.S § 21-37.
Any permit may be suspended by the First Selectman without hearing and revoked by him/her after notice and hearing for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for the permit.
Fraud, misrepresentation or false statement made in the course of carrying on business.
Conviction of any crime or misdemeanor subsequent to the issuance of the permit.
Conducting the business 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.
Any violation of this chapter.
Notice of such suspension and of the hearing on the revocation of the permit shall be given together, in writing, setting forth specifically the grounds for the suspension and the time and place of the hearing before the Board of Selectmen. Such notice shall be mailed, certified mail, return receipt requested, to the permittee at the address provided in the application at the time the permit is suspended, and the date of receipt of the notice shall be deemed to be three business days after the day of mailing the notice of suspension and hearing. The date fixed for the hearing shall not be less than five days nor more than 15 days after the mailing of the notice.
The penalty for a violation of this chapter shall be $100 per occurrence, enforced through the State of Connecticut Centralized Infractions Bureau by the issuance of an infraction ticket pursuant to C.G.S. § 51-164n.