[HISTORY: Adopted by the Board of Selectmen
of the Town of Guilford 8-5-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 218,
Peddling and Soliciting, comprised of Art. I, Soliciting, adopted
2-14-1952 STM, as amended, and Art. II, Peddling, adopted 7-8-1965
STM, as amended.
The purpose of this chapter is to promote greater public safety
and welfare in the Town, as authorized by Section 7-148(c)(7)(B) and
(H) of the Connecticut General Statutes.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, whether principal or agent, who goes from town
to town or from place to place or house to house in the same town
selling or bartering, or carrying for sale or barter, any goods, food,
wares or merchandise, either on foot, pushcart or from any vehicle,
including a mobile food service establishment (hereinafter referred
interchangeably as "vendor," "hawker," or "peddler"). Such definitions
are consistent with Section 21-36 of the Connecticut General Statutes.
Any person, whether principal or agent, who goes from town
to town or from place to place or house to house in the same town
for the purpose of taking or attempting to take orders for the sale
of goods, food, wares or merchandise, including periodical subscriptions,
for future delivery or for services to be performed in the future,
either on foot or from any vehicle. The term "solicitor" shall also
include any person who requests, place to place or house to house,
directly or indirectly for money, credit, property, financial assistance
or other thing of any kind or value on the plea or representation
that such money, credit, property, financial assistance or other thing
of any kind or value is to be used for a charitable purpose or benefit
a charitable organization, as more fully described in Section 21a-190a
of the Connecticut General Statutes. Telephonic sales solicitations
shall be governed by the Connecticut General Statutes. Such definition
is consistent with Section 21a-190a(3) of the Connecticut General
Statutes.
No person shall solicit, hawk or peddle, as those terms are defined in § 218-2, in the Town of Guilford, without a license issued by the Guilford Police Department, upon the filing of an application as hereafter provided.
The license requirement of § 218-3 shall not apply to the following:
A.
As mandated by Section 21-37 of the Connecticut General Statutes,
sales by farmers and gardeners of the produce of their farms, gardens
and greenhouses, including fruit, vegetables and flowers, or to the
sale, distributions and delivery of milk, teas, coffees, spices, groceries,
meats and bakery goods, to sales on approval, to conditional sales
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.
Any person under 18 years of age; and
C.
Charitable organizations, as defined in Section 21a-190a of the Connecticut
General Statutes, which are in compliance with the Solicitation of
Charitable Funds Act set forth in Sections 21a-175 et seq. and regulations
pertaining thereto, including any requirement to carry current proof
of registration with the State Department of Consumer Protection when
soliciting.
The hawker, peddler or solicitor shall make application to the
Chief of Police or his/her designee, for a license at least five days
prior to the date of his/her contemplated peddling or soliciting activities.
A separate license shall be required for each peddler, solicitor or
hawker, provided that only one license shall be required for each
peddler vehicle, pushcart or mobile food service establishment.
A.
The license application for peddlers, hawkers and solicitors shall
be on a form available at the Police Department and shall include
the following information:
(1)
Name and permanent address of applicant and each person who conducts
peddling or soliciting activities associated with any pushcart, vehicle
or mobile food service establishment;
(2)
Driver's license number or other verifiable government identification
of the applicant and of each person who conducts peddling or soliciting
activities associated with any pushcart, vehicle or mobile food service
establishment;
(3)
Type of vending operation to be conducted (i.e., pushcart, motor
vehicle, other), as applicable;
(4)
Type of product to be sold (i.e., food, beverages, novelties, other),
as applicable;
(5)
Statement as to whether the applicant, and each person who conducts
peddling or soliciting activities associated with any pushcart, vehicle
or mobile food service establishment, has ever been convicted of a
crime or misdemeanor involving moral turpitude. A criminal record
check shall be completed by the Guilford Police Department for each
person conducting vending or soliciting activities; and
(6)
If the application is for a temporary license, the desired date of
commencement.
B.
The Police Department may request the applicant to submit the following
together with his/her application to the Police Department:
(1)
Identification in the form of a government-issued ID of the applicant
and each person who conducts peddling and soliciting activities;
(2)
Photograph of applicant and each person who conducts peddling or
soliciting activities;
(3)
Application fee in the amount described in this chapter;
(4)
Proof of insurance for vehicular, property, casualty or liability
as may be reasonable and customary for the nature of the proposed
operation;
(5)
Copy of registration for any vehicle, including a mobile food service
establishment, to be used in the vending activities, as applicable;
and
(6)
Except with respect to peddling on public streets and state highways, if peddling from a peddler vehicle, pushcart or mobile food service establishment is to take place on private, state or Town property, the applicant shall provide, as applicable, the Zoning Enforcement Officer's approval that the operation is in compliance with applicable zoning regulations, including any revised site plan requirements under Article IX of Chapter 273 of the Town Zoning Code. For purposes of vending on Town property, the vendor shall obtain the permission of the governing agency of the subject property, as defined in Chapter 214 of the Town Code.
Upon compliance by the applicant with the provisions of § 218-5, the Police Department shall issue a license authorizing the applicant to conduct vending or soliciting activities for a period not to exceed one year from the date of issuance for a fee of $200, to cover the administrative costs of the review and issuance of the license, provided that temporary licenses may be issued for a period not to exceed one day, for a reduced fee of $25. The license is non-transferable.
The license fee shall be waived for veterans "who served in
time of war," as defined in Section 27-103 of the Connecticut General
Statutes, who: i) have resided within Connecticut for a period of
two years next preceding the date of application for such permit;
ii) are hawkers or peddlers; and iii) are "principals," pursuant to
the provisions of Sections 21-36 and 21-37 of the Connecticut General
Statutes.
The Chief of Police shall issue a badge to each individual who
conducts peddling or soliciting activities under this chapter, regardless
of whether or not a license fee is required. Each person shall conspicuously
affix the badge to his/her outermost garment while conducting such
door-to-door activities. The badge shall include the name of the licensee
and the individual, the license number and the time period for which
the license is valid.
The Board of Selectmen, upon the recommendation of the Chief
of Police and, for applicable provisions, the Police Commission, may
make such rules and regulations regulating solicitors and peddlers
consistent with this chapter as the Board deems the public welfare
requires and as otherwise in compliance with laws.
A.
In the interest of the health and safety of the community, an application
for a license may be denied or a license may be revoked for any one
of the following reasons:
(1)
Fraud, misrepresentation or false statements contained in the license
application;
(2)
Fraud, misrepresentation or false statements made in the course of
the activities conducted under the license;
(3)
Any violation of this chapter, the rules and regulations adopted
pursuant to the provisions of this chapter or local, state or federal
law;
(4)
The applicant or licensee has been convicted of a crime or misdemeanor
involving moral turpitude; or
(5)
Conduct of activities regulated by this chapter in such a manner
as to create a public nuisance, constitute a breach of the peace or
endanger the health, safety or general welfare of the public.
A.
The Chief of Police or his or her designee shall provide written
notice to the person whose license is denied or revoked, which notice
shall set forth the grounds of the denial or revocation and shall
be mailed to the person's address as shown on the license application
form or to the person's last known address.
B.
Any person aggrieved by the action or decision of the Chief of Police
to deny or revoke the license shall have the right to appeal to the
Board of Selectmen within 15 days of receipt of such notice of decision.
The Board of Selectmen shall schedule a hearing within 10 days of
receipt of an appeal and shall render a decision not later than 10
days following the close of the hearing; provided, however, that upon
a written showing of special circumstances to the satisfaction of
the Board of Selectmen, an aggrieved person shall be granted an expedited
hearing to be held within three business days of receipt of the written
request.
The Chief of Police shall keep a record of all licenses granted
under the provisions of this chapter.
Any person who shall peddle or solicit without being duly licensed
as herein provided or who shall violate the provisions of this chapter
shall be fined not more than $199 for each offense, pursuant to Section
21-38 of the Connecticut General Statutes. An infractions ticket shall
be issued as authorized by the State of Connecticut for violation
of a municipal ordinance and payment or a plea of not guilty sent
to the State of Connecticut Centralized Infractions Bureau.
Should any provisions of the Chapter be found with finality
by a court of competent jurisdiction to be prohibited by the Connecticut
General Statutes, the provisions of such statutes shall prevail.
Nothing is this chapter shall limit the power and authority
of the Zoning Enforcement Officer, the Planning and Zoning Commission,
the Police Commission, the Fire Marshal or the Director of Health
to enforce their related regulations, codes, laws or ordinances.
