[HISTORY: Adopted by the Town Council of
the Town of Wethersfield as Secs. 6-4-1 through 6-4-12 of the Code
of 1972. Amendments noted where applicable.]
No person, except as hereinafter stated, shall
sell, offer for sale or solicit orders for any goods, wares or merchandise
within the Town without a license issued by the Chief of Police upon
the filing of an application as provided herein.
All licenses issued under the provisions of
this article shall expire on the 30th day of June after the date of
issue.
A.
Application. The application for such a license shall
be made to the Chief of Police, in writing, and shall contain the
following information:
(1)
The name and description of the applicant; if a partnership,
the names of all partners; if a corporation, club or association,
the names of officers.
(2)
The permanent home address and full local address
of the applicant.
(3)
A brief description of the nature of the business
and the goods to be sold.
(4)
If employed, the name and address of the employer.
(5)
If a vehicle is to be used, a description of the same,
together with the license number or other means of identification.
B.
Fees. The license fees shall be as follows: $100 per
year for each person licensed, per year. Each helper or assistant
to the person licensed must himself procure a license. "Year" means
the fiscal year ending June 30 of each year or any part thereof.
[Amended 6-18-1990; 6-6-2005]
C.
Waiver of fees. The payment of a fee by any applicant
who has not attained 18 years of age at the time the license is issued
shall be waived, provided that the license is used for some charitable,
nonprofit or educational purpose or primarily for some purpose other
than income or profit.
No license, license plate or lapel button issued
under the provisions of this article shall be used at any time by
any person other than the one to whom issued.
A.
Plate and button. Each vehicle used by the licensee
shall display on both sides a plate designed and furnished by the
Chief of Police bearing the number of the license, the expiration
date of the license and the words "Licensed Vendor." Each licensee
shall wear a lapel button designed and furnished by the Chief of Police.
B.
Exhibit of license. Peddlers and solicitors are required
to exhibit their licenses at the request of any citizen.
A.
Causes. Any license may be suspended by the Chief
of Police without hearing and revoked by him after notice and hearing
for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on the business.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude subsequent to the issuance of the license.
(5)
Conducting the business in an unlawful manner or in
such a manner as to constitute a breach of peace or to constitute
a menace to the health, safety or general welfare of the public.
B.
Notice of suspension and hearing. Notice of such suspension
and of the hearing on the revocation of the license shall be given
together, in writing, setting forth specifically the grounds for suspension
and the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at the time the
license is suspended, and the date fixed for the hearing shall not
be less than five days nor more than 10 days after the mailing of
the notice.
It shall be the duty of the Chief of Police
to keep a record of all licenses issued under the provisions of this
article and a detailed account of all receipts for such licenses,
which receipts shall be turned over monthly to the Town Treasurer.
The selling or offering for sale of any goods,
wares or merchandise by any peddler within the Town shall raise a
presumption that said goods, wares or merchandise are subjects of
intrastate commerce.
This chapter shall not apply to the following:
A.
Sales by farmers and gardeners of the produce of their
farms and gardens or the sale, distribution and delivery of milk,
teas, coffees, spices, groceries, meats and bakery goods, newspapers,
sales on approval, conditional sales of merchandise and any other
persons or sales which may be exempt from such regulation by the General
Statutes.
B.
Sales by persons having an established place of business
in the Town.
C.
Sales to dealers and business establishments.
D.
Sales for the benefit of a charitable organization
located in the Town.
E.
Sales by persons for their own account who are residents
of the Town and who have not attained 16 years of age.
F.
Sales by persons pursuant to a permit authorized by
the proper Town authority.
No licensee shall shout, blow a horn, ring a
bell or use any sound device for the purpose of attracting attention
to any goods, wares or merchandise which such licensee proposes to
sell.
A peddler or solicitor using a vehicle shall
have no exclusive right to any location on public streets or public
property, shall not be permitted any stationary location therein and
shall not be permitted to operate in any congested area or any area
where his operation might impede or inconvenience the public. For
the purpose of this article the judgment of a police officer, exercised
in good faith, shall be deemed conclusive as to whether the area is
congested or the public impeded or inconvenienced.
Calls at the dwelling of any person for sale
or solicitation by any licensee between the hours of 6:00 p.m. and
8:00 a.m. is prohibited except by appointment.
