[HISTORY: Adopted by the Board of Selectmen
of the Town of Wilton 4-17-2006.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded
former Ch. 19, Itinerant Vendors, adopted at the 7-25-1995 Town Meeting.
The purpose of this chapter is to promote greater
public safety and welfare in the Town.
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 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 vehicle.
Any person, whether principal or agent, who goes from town
to town or from place to place in the same town for the purpose of
taking or attempting to take orders for the sale of goods, wares or
merchandise, for future delivery or for services to be performed in
the future, either on foot or from any vehicle.
No person, except as hereinafter stated, shall
hawk, peddle, vend, sell, offer for sale or solicit, upon any public
streets or upon any state highway, except limited-access highways,
or from house to house, within the Town of Wilton or on any land abutting
such streets or highways, any goods, wares, periodical subscriptions,
or any other merchandise or services without a written permit issued
by the Wilton Police Department upon the filing of an application
as hereafter provided.
A.
The permit requirement of § 19-3 shall not apply to 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, 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.
The Wilton Police Department is authorized to issue a written permit as required by § 19-3 to any proper person or entity, which permits shall be issued at a rate of $25 per year and shall be valid for one year. Permits issued to business entities shall authorize said entities to be represented by one named person only. If additional personal representatives are sought, additional written permits will be required for each such additional representative and additional fees shall be collected accordingly. Permits issued shall be signed by the Chief of the Wilton Police Department, shall contain a photo as provided for in § 19-6, shall state the expiration date for such permit and shall contain such other information consistent with the purpose of this chapter as the Wilton Police Department may require. Said permit shall be valid only between 9:00 a.m. and dusk and may specify the area or areas within the Town for which permit shall be valid.
A.
Every person or entity seeking a written permit under
this chapter shall submit to the Wilton Police Department a written
application on such form as may be required by the Wilton Police Department.
Said application may require reasonable personal information for identification
purposes. Said application shall include two photographs of the applicant
or its representative should the applicant be an entity. The Wilton
Police Department shall be responsible for taking the photographs.
Said application shall also request such other further reasonable
information, including information regarding previous felony or misdemeanor
convictions involving crimes of moral turpitude, as shall not be prohibited
by law. A criminal record check shall be completed by the Wilton Police
Department. Said application shall also request a statement as to
the goods and services to be covered by the requested permit, and
the written permit issued will be limited accordingly. Failure to
supply the information requested shall be a sufficient basis for the
Wilton Police Department to refuse to issue said permit. In the case
of entities, a separate application, permit and fee will be required
for each proposed entity representative, and each application shall
be signed by both the representative and the entity which he or she
represents. A permit may be suspended by the Wilton Police Department,
after notice and hearing, if any of the terms and conditions of its
issuance are violated or if personal information comes to the attention
of the Wilton Police Department, through a police check or otherwise,
of such a nature as would have caused the Wilton Police Department
to withhold issuance in the first instance. Applications must be acted
upon by the Wilton Police Department within a period of 30 days from
initial submission thereto.
B.
Applications for permits for operations intended to
be substantially permanent and/or stationary shall be accompanied
by a written consent from the property owner and any businesses located
on or immediately adjacent to the proposed location. Such a location
will also require either approval or waiver from the Town Planner
stating that the proposed operation is either consistent with or not
governed by Wilton zoning. In no event shall a substantially permanent
or stationary operation be approved if located in a residential zone.
For the purposes of this section, substantially permanent or stationary
shall be defined as an operation that is fixed and immobile for periods
in excess of two consecutive hours of any given day. Any Town ordinances
which may restrict hours of operation for retail sales, deliveries,
etc., shall apply without the necessity of being noted on the written
permits. The Wilton Health Department may also require that the proposed
operation be serviced or adequate provision be made for running water
and toilet facilities. The applicant shall also disclose the nature
of the operation and all vehicular and business property to the Wilton
Tax Assessor for treatment consistent with local taxation.
C.
Any permit issued pursuant to this chapter shall be
conspicuously displayed on a lanyard supplied by the Wilton Police
Department at all times while the permittee is engaged in the activities
regulated by this chapter.
D.
No permit shall be issued to any person who has not
obtained a permit to engage in or transact business as a seller within
the state in accordance with Connecticut General Statutes § 12-409.
E.
No permit fee shall be required from any resident
of Connecticut who has resided within Connecticut for a period of
two years next preceding the date of application for such permit,
who is:
A.
The Wilton Chief of Police may, upon review of the
application, refuse to issue a permit to the applicant for any of
the following reasons:
(1)
The location and time of the activities described
in the application would endanger the safety and welfare of the applicant
or its customers;
(2)
An investigation reveals that the applicant falsified
information on the application;
(3)
The applicant has been convicted of a felony, misdemeanor
or ordinance violation involving a sex offense, trafficking in controlled
substances, or any violent acts against persons or property;
(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 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 Wilton Chief of Police that the
reasons for such earlier denial no longer exist.
B.
The Wilton Chief of Police's disapproval and the reasons
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. Notice shall be mailed to the applicant at
the address shown on the application form, or at the applicant's last
known address.
Any permit issued under this chapter may be
revoked or suspended by the Wilton Chief of Police or his authorized
representative, 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 the activities for which
the permit was granted;
C.
Conducting activities regulated by this chapter in
a manner contrary to the provisions contained in the permit;
D.
Conviction for any crime involving moral turpitude;
or
E.
Conducting 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.
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
at the last known address of the permittee.
A.
Any person aggrieved by the action or decision of
the Wilton Chief of Police 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 the Town of Wilton hearing officer 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 the person's last known address.
B.
An appeal shall be taken by filing with the Wilton
Chief of Police a written statement setting forth the grounds for
the appeal.
C.
The Wilton Chief of Police shall transmit the written
statement to the Town of Wilton hearing officer within 10 days of
its receipt, and the Town of Wilton hearing officer shall set a time
and place for a hearing on appeal.
D.
A hearing shall be set not later than 20 days from
the date of receipt of the appellant's written statement.
E.
Notice of the time and place of the hearing shall
be given to the appellant in the same manner as provided for in the
mailing of the notice of action or decision.
F.
The decision of the Town of Wilton hearing officer
on the appeal shall be final and binding on all parties concerned.
As a condition to permit issuance, the Town
of Wilton may require proof of insurance, either vehicular, property,
casualty, or liability, as may be reasonable and customary for the
nature of the proposed operation and in amounts consistent with the
intensity and nature of the operation.
Any person who engages in the activities set forth by § 19-3 without a valid written permit shall be fined the sum of $90. 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.
