[1]
Editor's Note: Prior ordinance history: Ordinance 4/30/81.
[Ord. 4/7/15]
As used in this section:
Shall mean a nonprofit patriotic, philanthropic, social service, benevolent, educational, civic or fraternal.
Shall mean alms, food, clothing, money, subscription, property or donation.
Shall mean any person, whether principal or agent, who goes from place to place within the boundaries of Brooklyn, selling or bartering or carrying for sale or barter or exposing therefor any food, goods, wares or merchandise either on foot or from any vehicle. This shall include offering to accept orders of purchase for future delivery of any goods, wares or merchandise including magazines and other printed matter.
Shall mean any individual, partnership, corporation, or association.
Shall not mean and include the word charitable as herein defined but shall be given their commonly accepted definitions.
Shall mean the request directly of money, credit, property, financial assistance or other items of value on the plea or representation that such money, credit, property, financial assistance or other items of value will be used for a charitable or religious purpose.
[Ord. 4/7/15]
No peddler, whether exempt or not from the provisions of this section, under any circumstance may sell, barter or carry for sale or barter or expose any food, goods, wares or merchandise either on foot or from any vehicle, or solicit contributions for any charitable or religious cause before the hours of 8:00 a.m. or after 9:00 p.m. No peddler, with the exception of those exempted under subsection 4-1.3 below, may sell barter or expose for sale any food, goods, wares or merchandise, either on foot or from any vehicle, within 500 feet of any school.
[Ord. 4/7/15]
a.
Persons less than 17 years of age;
b.
Persons exempted under Connecticut General Statutes;
c.
Persons licensed by the State of Connecticut;
d.
Persons selling only to stores or other business establishments for resale; and
e.
Charitable or religious organizations or their representatives engaged in solicitation, where no food, goods, wares or merchandise is offered in exchange for money, credit, property or financial assistance, even if such exchange is labeled a donation.
[Ord. 4/7/15]
a.
Except as provided in subsection 4-1.3, no peddler shall sell or expose or offer for sale or solicit orders for any articles of food or any goods, wares, merchandise, materials or services or solicit for any contracts within the Town unless he or she shall have made application for and been issued a license as hereinafter provided.
b.
The applicant for the license shall complete an application form provided by the Town Clerk which shall contain the following information:
1.
The full name, home address and business address of the applicant along with the telephone numbers of each address.
2.
A physical description of the applicant, including sex, age, height, weight, physical build, color of hair and eyes, complexion and identifying scars, marks and characteristics, if any.
3.
The name, address and telephone number of the applicant's employer, principal or contract associates.
4.
The purpose for which the applicant desires to obtain a license and particularly the type of food, goods, wares, merchandise, materials, services or contracts with or in which the applicant intends to deal.
5.
Whether, when, where and on what charges the applicant has ever been arrested together with the disposition of such charges.
6.
Whether, when, where, in what court and by whom the applicant or any present or former employer, principal or contract associate has ever been sued in a civil action alleging fraud or misrepresentation in connection with or as a result of the applicant's activities in soliciting for any contract or in selling, exposing or offering for sale or soliciting orders for any articles of food or any goods, wares, merchandise, materials or service.
7.
The year, make, model and license plate number of any vehicles the applicant intends to use.
c.
The applicant, at the time of executing the application form, shall also submit photo identification satisfactory to the Town Clerk. Each application shall be signed by the applicant and sworn to before a Justice of the Peace or other person authorized by the laws of the State of Connecticut to administer oaths.
d.
The applicant will be subject to a police background check. Approval of the application, or denial for good cause, will be decided by the Town Clerk no later than 30 days from the date the application was submitted to the Town Clerk.
[Ord. 4/7/15]
The fee for such application shall be $20.00 per person payable to the Town Clerk upon submission of the application. If the application is approved, the further sum of $80.00 shall be due and payable to the Town Clerk upon the issuance of the license. No license shall be issued or renewed unless all fees due hereunder have been paid in full.
[Ord. 4/7/15]
All licenses issued under this section shall expire on the thirty-first day of December subsequent to the date on which they are issued, unless sooner revoked as hereinafter provided. Except as provided in subsection 4-1.3, no person whose license has expired shall engage in any of the activities described in subsection 4-1.4 until such person shall have made application for renewal with the Town Clerk, obtained a current license and paid a fee of $100.00 per person. No person, who has had a previously issued license revoked in accordance with subsection 4-1.8, shall be eligible for a renewal.
[Ord. 4/7/15]
The Town Clerk shall issue a license to each person filing an application form in accordance with the provisions of subsection(s) 4-1.4 and 4-1.6. The license shall bear the same identifying number appearing on the applicant's original license and shall set forth the name, home address and business address of the applicant, the name and address of the applicant's employer, principal or contract associates, the type of contracts, food, goods, wares, merchandise, materials or services with or in which the applicant has registered to sell, and the date of issuance and date of expiration of the license. Each person to whom a license has been issued pursuant to this section shall carry it at all times while engaged in the activities described therein and shall exhibit it forthwith to any police officer, town official or prospect who shall ask to see it.
[Ord. 4/7/15]
Such a license shall be refused or, after issuance, revoked by the Town Clerk and immediately returned if the applicant or credentialed individual has made any false statement or representation in any application filed pursuant to this section, has been convicted of any crime or misdemeanor involving moral turpitude or of any violation of this section. There shall be no refund when a license, after being issued, is revoked.
[Ord. 4/7/15]
It shall be the duty of the Town Clerk to keep a record of all licenses granted or renewed under the provisions of this section giving the number and date of all licenses, the name, age and residence of the person licensed, the amount of fees paid and also the dates of revocation of any licenses revoked. A record shall also be kept of each complaint concerning the activities of the licensee.
[Ord. 4/7/15]
Any person who shall violate any provision of this section or shall make any false statement or misrepresentation on an application form filed pursuant to this section shall be subject to a fine of not more than $199.00 for each offense and, upon conviction or a finding of such violation, their license shall be revoked immediately. No new license shall be issued to such person. Each day of selling, offering for sale or soliciting without the license as required by this section, shall be considered a separate offense.
[Ord. 4/7/15]
This section shall take effect 15 days after publication in accordance with the General Statutes of the State of Connecticut.
[1]
Editor's Note: Prior ordinance history: Ord. No. 94-5.
[Ord. 3/4/13]
The regulation of certain special events and the supervision of such events are hereby declared necessary for the protection of the health, property, safety and welfare of the residents of the Town of Brooklyn.
[Ord. 3/4/13]
When any planned event may have the potential for the creation of a public nuisance or a threat to public safety, as evidenced by the existence of one of the following conditions:
a.
Will require parking for more than 100 motor vehicles; or
b.
Can reasonably be expected to be attended by more than 250 people in total, whether all at once or over the course of the event.
The operator or sponsor of such event shall, at least 30 days before the start of the event, submit to the First Selectman or Land Use Officer, in writing, a detailed description of the event including the location and hours of operation of the event, the admission charge, if any, the anticipated attendance, parking arrangements, whether or not beer or liquor will be served or permitted, the type of entertainment, if any, that will be required and written consent of the property owner. (The "required information") |
Upon receipt of the required information, the First Selectman or the Land Use Officer shall determine whether or not the event poses a potential for the creation of a public nuisance, or constitutes a threat to public safety. The First Selectman or Land Use Officer may request additional information from the operator or sponsor in order to make such determination. |
If the First Selectman or Land Use Officer shall reasonably determine that the event does not pose the potential of a public nuisance or a threat to public safety, then an event permit shall be issued without the submission of an application as described in subsection 4-2.3 below or a fee. |
If the First Selectman or Land Use Officer, upon review of the required information and other conditions such as: (1) anticipated traffic, (2) the potential for noise or unreasonable disturbance of nearby property owners, and (3) the nature of the event, make a determination that the event poses a potential for the creation of a public nuisance or a threat to public safety, then an event permit application, as described in subsection 4-2.3 below, shall be required. |
A decision as to whether or not an event permit application is required shall be made within five business days following the submission of all the required information and any additional information requested by the First Selectman or Land Use Officer. A business day shall be any day on which the Town Hall is open. |
[Ord. 3/4/13]
Upon a determination that an event permit application is required, the application shall be submitted to the First Selectman that shall include:
a.
A site plan of the event location, indicating the location of parking, and, if applicable, food preparation and service areas, sanitary facilities, entertainment areas and seating as well as anticipated traffic circulation;
b.
If food is to be served, required permits or other approvals from the Northeast District Department of Health;
c.
Proof that a notice has been sent to abutting landowners advising of the time and place of the event and the fact an event permit application has been submitted;
d.
If alcohol is to be sold, a copy of the permit from the Connecticut State Liquor Control Commission;
e.
The location and the type of any loudspeakers or sound amplification equipment; and
f.
A written communication from the Resident Trooper that the details of the event have been discussed with the office together including any recommendations to guard public safety that the Resident Trooper determines to be reasonably necessary.
[Ord. 3/4/13]
Once a determination has been made that an event permit application is required, no special event shall be held without first obtaining an event permit from the First Selectman.
The event permit may be issued subject to conditions including but not limited to:
a.
The employment of police officers and security personnel, and the implementation parking controls both on and off site or other requirements to protect the public before, during and after the event;
b.
Any recommendations from the Chief of the local Fire Department, the Fire Marshal, the Land Use Officer, the Connecticut State Police or other professional sources;
c.
A limitation on the hours of operation and the number of attendees;
d.
Requirements for the cleanup of any public property that may be impacted by the event;
e.
The posting of a bond to indemnify the Town of Brooklyn for the costs of any cleanup of public property or the expense of specific services rendered by the Town or its employees or contractors as a result of the event.
f.
The First Selectman shall have the power to revoke any Event Permit issued hereunder for due cause which shall be deemed to include, but shall not be limited to, false information in the application for a special permit or failure of the applicant to comply with the terms of the permit.
[Ord. 3/4/13]
This section shall not apply to any event:
a.
Which is held upon premises that has been granted a special permit as an "Event Facility" by the Brooklyn Planning and Zoning Commission, so long as all the requirements of the Special Permit are met;
b.
Organized or sponsored by the Town of Brooklyn, its Board or Commissions or the local Fire Department;
c.
Which is subject to the provisions of Section 19a-435 — 19a-443 of the Connecticut General Statutes.
[Ord. 3/4/13]
A violation of this section shall be deemed an infraction and punishable by a fine not greater than $500.00 for each offense.