[HISTORY: Adopted by the Town Meeting of the Town of Thompson 9-24-1998; 3-27-2000 (Ord. No. 10-047). Subsequent amendments noted where applicable.]
The following words, terms, and phrases, and their derivations,
when used in this chapter, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different
meaning:
Includes the words "patriotic," "philanthropic," "social
service," "health," "welfare," "benevolent," "educational," "civic,"
"cultural," or "fraternal," either actual or purported.
Includes the words "alm," "money," "subscription," "property"
or any donations under the guise of a loan or money or property.[1]
Any person who goes upon the premises of any private residence
in the Town, not having been invited by the occupant thereof, carrying
or transporting goods, wares, merchandise or personal property of
any nature and offering the same for sale. This definition also includes
any person who solicits orders and as a separate transaction makes
deliveries to purchasers as part of the scheme to evade the provisions
of this chapter.
Includes all activities ordinarily performed by a peddler
as indicated under the definition of "peddler" in this section.
A natural person or any firm, corporation, association, club,
society, or other organization.
Includes all activities ordinarily performed by a solicitor
as indicated under the definition of "solicitor" in this section.
Any person who goes upon the premises of any private residence
in the Town, not having been invited by the occupant thereof, for
the purpose of taking or attempting to take orders for the sale of
goods, merchandise, wares, or other personal property of any nature
for future delivery, or for services to be performed in the future.
This definition also includes any person who, without invitation,
goes upon private property to request contribution of funds or anything
of value or sell goods or services for political, charitable, religious,
or other noncommercial purposes.
The Town Clerk of the Town of Thompson or Assistant Town
Clerk.
[1]
Editor's Note: The definition of "director," which immediately
followed this definition, was repealed 5-30-2023.
It shall be unlawful for any person to engage in peddling or
solicitation activities within the Town of Thompson without first
obtaining a permit issued by the Town Clerk; provided, however, that
the following are exempted from the provisions of this chapter:
A.
Any solicitation made upon premises owned or occupied by an organization
upon whose behalf the solicitation is made;
B.
Any communication by an organization soliciting contributions solely
from persons who are members of the organization at the time of such
solicitation;
C.
Any solicitation in the form of a collection at a regular meeting,
assembly, or service of a charitable event;
D.
Any solicitation for the relief of any individual specified by name
at the time of the solicitation where the solicitor represents in
each case that the entire amount collected shall be turned over to
the named beneficiary;
E.
Sales by
farmers and gardeners of the produce of their farms and gardens; the
sale, distribution and delivery of milk, teas, coffees, spices, groceries,
meats and bakery goods; and the taking of orders for merchandise for
future delivery when full payment is not required at the time of solicitation;
or
[Added 5-30-2023]
F.
Sales by
vendors participating in events sponsored by and/or in partnership
with the municipality.
[Added 5-30-2023]
Any person engaged in peddling or solicitation under the age
of 16 shall, in addition to all other requirements set forth in this
chapter, observe all of the following requirements:
A.
A permit shall be obtained by a sponsoring person, company, or organization
for the conduct of any peddling or solicitation activities involving,
in whole or in part, a sales force of one or more persons under 16
years of age.
B.
The sponsor shall be responsible for supervising and controlling
the conduct of all persons, including juveniles, peddling under the
sponsor's permit.
C.
The sponsor shall provide to each individual in its sales force a
badge or other easily readable form of identification which identifies
the name of the sponsor and the name of the individual. The sponsor
shall require all individuals in its sales force to wear such identification
so that it is clearly visible at all times when the individuals are
peddling or soliciting.
Every person subject to the provisions of this chapter shall
file with the Town Clerk an application, in writing, on a form to
be furnished by the Town Clerk, which shall provide the following
information:
A.
Proof of age, address, and identification of the applicant, to be
provided through the applicant's driver's license, articles of incorporation
(for sponsors), or other legally recognized form of identification;
B.
A brief description of the business or activity to be conducted;
C.
The hours and location for which the right to peddle or solicit is
desired;
D.
If employed, the name, address, and telephone number of the employer,
or if acting as an agent, the name, address, and telephone number
of the principal who is being represented, with credentials in written
form establishing the relationship and the authority of the employee
or agent to act for the employer or principal, as the case may be;
E.
A statement as to whether or not the applicant has been convicted
of a felony, a misdemeanor, or ordinance violation (other than traffic
violations), the nature of the offense or violation, the penalty or
punishment imposed, the date when and place where such offense occurred,
and other pertinent details thereof; fingerprinting and background
check will be required;
F.
Proof of possession of any license or permit which, under federal,
state, or local laws or regulations, the applicant is required to
have in order to conduct the proposed business, or which, under any
such law or regulation, would exempt the applicant from the permit
requirements of this chapter; and
[Amended 5-30-2023]
G.
Two photographs of the applicant which shall have been taken within
60 days immediately prior to the dale of filing of the application.
The photographs shall measure two inches by two inches and show the
head and shoulders of the applicant in a clear and distinguishing
manner.
A.
At the time the application is filed with the Town Clerk, each applicant
shall pay a fee, see Ordinance Schedule of Fees and Fines,[1] to cover the cost to the Town of processing each application
and investigating the facts stated therein.
B.
The permit fee, see Ordinance Schedule of Fees and Fines, shall be
for each solicitor or peddler.
C.
Pursuant to the provisions of Section 21-37 of the Connecticut General
Statutes, the Select Board may waive the permit fee for a nonprofit
organization exempt from taxation by Section 501 of the Internal Revenue
Code of 1986,[2] or any subsequent corresponding Internal Revenue Code
of the United States, as from time to time amended, or a charitable
organization.
[2]
Editor's Note: See 26 U.S.C. § 501.
D.
No permit fee shall be required from a resident veteran, as defined
in C.G.S. § 21-37, provided he or she meets the requirements
contained herein.
[Amended 5-30-2023]
A.
Upon receipt of an application, the Town Clerk shall transmit the
application to the First Selectperson, or authorized representative,
who shall review the application as deemed necessary to ensure the
protection of the public health, safety, and general welfare.
B.
If the First Selectperson finds the application to be satisfactory,
the First Selectperson shall endorse his approval of the application
and return it to the Town Clerk, who shall, upon payment of the prescribed
fee, deliver the required permit to the applicant.
C.
The permit shall show the name, address, and photograph of the permittee,
the class of permit issued, the kinds of goods or services to be sold
or delivered, the date of issuance, and the length of time that the
permit shall be in effect. The permit shall also show the permit number
and identifying description of any vehicle to be used in carrying
on the business for which the permit is issued.
D.
A record all permits issued shall be maintained by the Town Clerk
for a period of two years.
E.
All applications shall be submitted with all required supporting
data and fees at least three business days prior to the proposed date
of issuance of the permit.
A.
Upon the First Selectperson's review of the application, the First
Selectperson may refuse to issue a permit to the applicant under this
chapter for any of the following reasons:
(1)
The location and time of solicitation or peddling would endanger
the safety and welfare of the solicitors, peddlers, or their customers;
(2)
An investigation reveals that the applicant falsified information
on the application;
(3)
The applicant has been convicted of a felony, misdemeanor, or violation
involving a sex offense, trafficking in controlled substances, or
any violent acts against persons or property, such conviction being
entered within the five years immediately preceding the date of the
application;
(4)
The applicant is a person against whom a judgment based upon, or
conviction for, fraud, deceit, or misrepresentation has been entered
within the five years immediately preceding the date of the application;
(5)
There is no proof as to the authority of the applicant to serve as
an agent to the principal; or
(6)
The applicant has been denied a permit under this chapter within
the immediate past year, unless the applicant can and does show to
the satisfaction of the First Selectperson that the reasons for such
earlier denial no longer exist.
B.
The First Selectperson's disapproval and the reason for disapproval
shall be noted on the application, and the applicant shall be notified
that his application is disapproved and that no permit will be issued.
Notification shall be mailed to the applicant at the address shown
on the application form or at the applicant's last known address.
All permits issued under the provisions of this chapter shall
expire on December 31 of the year of issue.
At the same time the permit is issued, the Town Clerk shall
issue to each permittee a badge, which shall be worn by the permittee
in a way as to be conspicuous at all times while the permittee is
soliciting or peddling in the Town.
[Amended 5-30-2023]
Every person required to obtain a permit under the provisions
of this chapter shall exhibit the permit when requested to do so by
any prospective customer or law enforcement officer.
It shall be unlawful for any person other than the permittee
to use or wear any permit or badge issued the provisions of this chapter.
[Amended 5-30-2023]
No person, while conducting the activities of a peddler or solicitor,
whether permitted or unpermitted, shall enter upon any private property,
knock on doors or otherwise disturb persons in their residences between
the hours of 7:00 p.m. and 9:00 a.m.
[Amended 5-30-2023]
Any permit issued under this chapter may be revoked or suspended
by the First Selectperson, after notice and hearing, for any of the
following reasons:
A.
Fraud, misrepresentation, or false statement contained in the application
for a permit;
B.
Fraud, misrepresentation, or false statement made by the permittee
in the course of conducting solicitation or peddling activities;
C.
Conducting peddling or solicitation activities contrary to the provisions
contained in the permit;
D.
Conviction of any crime involving moral turpitude; or
E.
Conducting peddling or solicitation activities in such a manner as
to create a public nuisance, constitutes a breach of the peach or
endanger the health, safety, or general welfare of the public.
Notice of a hearing for revocation of a permit issued under
this chapter shall be provided in writing and shall set forth specifically
the grounds for the proposed revocation and the time and place of
the hearing. Notice shall be mailed, postage prepaid, to the permittee
at the address shown on the permit application or to the last known
address of the permittee.
A.
Any person aggrieved by the action or decision of the First Selectperson
to deny, suspend, or revoke a permit applied for under the provisions
of this chapter shall have the right to appeal such action or decision
to a hearing officer designated by the Select Board, said appeal to
be taken within 15 days after the notice of the action or decision
has been mailed to the person's address as shown on the permit application
form or to his last known address.
B.
An appeal shall be taken by filing with the First Selectperson a
written statement setting forth the grounds for the appeal.
C.
The First Selectperson shall transmit the written statement to the
Select Board within five days of its receipt, and the First Selectperson
shall set a time and place for a hearing on the appeal.
D.
A hearing shall be set not later than 20 days from the date of receipt
of the appellant's written statement by the First Selectperson.
E.
Notice of the time and place of the hearing shall be given to the
appellant in the same manner as provided for the mailing of notice
of action or decision.
F.
The decision of the hearing officer on the appeal shall be final
and binding on all parties concerned.
[Amended 5-30-2023]
Any person claiming to be legally exempt from the regulations
set forth in this chapter, or from the payment of a permit fee, shall
cite to the First Selectperson the statute or other legal authority
under which exemption is claimed and shall present to the First Selectperson
proof of qualification for such exemption.
A.
Violation of any of the provisions of this chapter shall be treated
as a violation. The first violation of this chapter and second or
subsequent violations shall be punished by a fine as set in the Schedule
of Fees and Fines.[1]
[Amended 5-30-2023]
B.
In addition to any criminal enforcement, the Town or any individual
may pursue any available civil remedies deemed appropriate and necessary.
[Amended 5-30-2023]
The provisions of this chapter are declared to be severable.
If any section, sentence, clause, or phrase of this chapter shall
for any reason be held to be invalid or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this
chapter, but they shall remain in effect, it being the legislative
intent that this chapter shall remain in effect notwithstanding the
invalidity of any part.
