Town of Fairfield, CT
Fairfield County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Representative Town Meeting of the Town of Fairfield 5-24-1982; amended in its entirety 10-26-2015. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
A. 
Means and includes all persons who engage in itinerant business in the Town or selling, or offering for sale, any goods, printed matter or merchandise, including photographs or portraits, or exhibiting the same for sale or exhibiting the same for the purpose of taking orders for the sale thereof.
B. 
The term "transient merchant" shall not include a farmer or gardener selling the produce of his own farm or garden; salesmen selling goods to retail or wholesale establishments within the Town for resale; vendors at fairs of the Town of Fairfield or Board of Education property or vendors operating under a valid lease with the Board of Parks and Recreation at Town parks or beaches; persons requested or invited to call upon private residences by any owner or occupant thereof; a person using a roadside or outside stand or booth located on the same site as an established business owned and operated by the same person; any person under 18 years old (and any adult chaperone for that youth) who is selling on behalf of or under the authority of a 501c3 nonprofit or selling his or her own goods (such as lemonade).
All transient merchants shall be prohibited from conducting business within the Town without first obtaining a license. The Chief of Police for the Fairfield Police Department shall issue any transient merchant a license authorizing such transient merchant to sell, exhibit for sale, or exhibit for the purpose of taking orders for the sale thereof, in the Town, his goods or merchandise only after such transient merchant has fully complied with § 99-3 below and made payment in accordance with the schedule of fees as enumerated in § 99-5.
A. 
The transient merchant shall make application to the Chief of Police for a license at least 10 days prior to the date of his contemplated sale or exhibit to be held in the Town, which application shall be in the form of a sworn affidavit stating:
(1) 
The full name and home and business address of the transient merchant;
(2) 
A physical description of the applicant, setting forth the applicant's age, height, weight, color of hair and eyes;
(3) 
The location of his principal office and place of business;
(4) 
The designated agent for service of process within the state or, if none, the names and addresses of the officers if it is a corporation, and the partnership name and names and addresses of all partners if the transient merchant is a firm;
(5) 
The names and addresses of all the transient merchant's agents and employees who will represent the transient merchant in the Town as salesmen;
(6) 
A statement showing the kind and character of the goods or merchandise to be sold, offered for sale, or exhibited;
(7) 
A statement as to the period not to exceed 90 days, during which the applicant intends to solicit orders;
(8) 
A statement as to whether or not the applicant has registered with the nearest local office of the Better Business Bureau;
(9) 
A statement as to whether the applicant has ever been convicted of any felonies or misdemeanor(s), or has such charges pending; and
(10) 
A statement as to whether the applicant has ever been refused a license or permits to sell in or ever had a license or permit revoked by the Town or by any other municipality or state.
B. 
The applicant shall submit:
(1) 
Identification in the form of a government issued ID;
(2) 
A specimen of his signature;
(3) 
A photograph (two inches by two inches);
(4) 
A copy of the applicant's State of Connecticut sales and use tax permit;
(5) 
When applicable, a copy of a valid Health Department certificate enforceable for the same period of time as the requested permit;
(6) 
When applicable, a copy of a certificate from the State Sealer of Weights and Measurers indicating that all weights and measures used by the applicant in his or her business have been approved and stamped;
(7) 
The application fee in the amount described in this chapter;
(8) 
Proof of insurance;
(9) 
If the applicant is from out of state, a certificate in good standing from the Secretary of the State providing that the firm or corporation is qualified to conduct business in the State of Connecticut; and
(10) 
Identifying information for the motor vehicle, including a copy of the registration thereof, if any, to be used by the applicant.
(11) 
If the application is for a temporary license, the desired date of commencement.
(12) 
If the applicant is selling on behalf of or under the authority of a 501c3 nonprofit, proof of recognition by the Internal Revenue Service as a 501c3 or proof of registration by the State of Connecticut as a charitable organization.
C. 
Each applicant shall be fingerprinted and photographed, and any such fingerprints may, in the discretion of the Chief of Police, be sent to the Federal Bureau of Investigation and to the Connecticut State Police Investigation Department for further investigation.
D. 
The signature on the application shall by witnessed by the Chief of Police, or his or her agent.
E. 
Any applicant proposing to place or operate a roadside or outside stand or both shall also exhibit a certificate of zoning compliance with respect to any such location.
A. 
Upon compliance by the applicant with the foregoing provisions, the Police Department shall retain one original application and stamp and, within 10 days, return to the applicant a duplicate copy, which shall constitute a license hereunder.
B. 
The stamp applied to the applicant's license shall bear the legend:
License No: ..............................................................
Date of Issue: ..............................................................
Date of Expiration: ..............................................................
Police Department, Fairfield, Connecticut
C. 
The license must be signed by the Chief of Police or his or her agent.
D. 
The license shall be nontransferable and nonassignable.
E. 
Any license issued shall be accompanied by a notice which will contain the following language: "No person shall sell or offer for sale upon a public street, sidewalk or other public place any spray string, stink bomb or other substantially similar article pursuant to Chapter 99 of the Code of the Town of Fairfield.
F. 
Reasons for denial. The Chief of Police may refuse to issue a transient merchant's license if:
(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 or misdemeanor 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;
(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 Chief of Police, or his or her agent, that the reasons for such earlier denial no longer exist; or
(7) 
The applicant failed to supply the requested application information outlined in § 99-3.
Except as hereinafter provided, the following fees shall be charged for transient merchants' licenses:
A. 
Nonresident.
(1) 
For a one-year transient merchants' license, a fee of $350.
(2) 
For a temporary transient merchants' license, a fee of $200.
B. 
Resident.
(1) 
For a one-year transient merchant's license, a fee shall be charged based on the cost of processing said license. The fee, however, shall be no less than $75 or no more than $100.
(2) 
For a temporary transient merchant's license, a fee shall be charged based on the cost of processing said license. The fee, however, shall be no less than $50 or no more than $75.
(3) 
For any person under the age of 16, no fee.
(4) 
Any resident of the Town of Fairfield who has reached his or her 62nd birthday at the time the license is applied for shall if he or she otherwise qualifies for a license be issued said license without fee. All other provisions of this Chapter 99 shall be complied with.
C. 
Exemptions:
(1) 
Pursuant to Section 21-30 of the Connecticut General Statutes, United States military veterans shall be licensed under this chapter without paying a license fee, provided that the veteran:
(a) 
Has resided in the state for two years preceding the date of application for such license;
(b) 
Served in time of war as defined by Section 27-103 of the Connecticut General Statutes; and
(c) 
Was honorably discharged from military service. The veteran shall produce his/her certificate of honorable discharge from military service or a copy thereof certified by the City/Town Clerk from the records of the City/Town where such certificate of discharge is recorded as provided in Section 12-93 of the Connecticut General Statutes, for inspection, together with a certificate from the City/Town Clerk that the applicant is a resident of the state.
(2) 
Any person who is seeking to sell under the auspices of a 501c3 nonprofit organization recognized by the Internal Revenue Service as a 501c3 may apply for a license under this chapter at no fee.
D. 
Any person who makes a false representation for the purpose of obtaining a license under this section shall be fined not more than $250, and said license shall be automatically revoked.
E. 
Fingerprinting fees are separate from the transient merchant fees:
(1) 
An amount in accordance with the current State of Connecticut fingerprinting fee payable to the Treasurer of the State of Connecticut.
(2) 
An amount in accordance with the current Town of Fairfield fingerprinting fee payable to the Fairfield Police Department.
(3) 
Fingerprinting is mandatory every year.
A. 
Each person holding a license shall, when engaged in the sales activities regulated herein, prominently display a suitable badge furnished by the Chief of Police, or his or her agent, indicating that such person is a licensed transient merchant. The badge shall contain the transient merchant's license number, name, photograph, and date of expiration of such license and signature of the licensee.
B. 
Each licensee who uses a motor vehicle shall plainly and conspicuously display on the front windshield of such motor vehicle a sign issued by the Chief of Police indicating that such person is a licensed transient merchant. Such sign shall contain the license plate number, the transient merchant's license number, and the date of expiration of the license.
A. 
The transient merchant's license shall expire one year from the date of issuance, except for temporary transient merchant's licenses, which shall be issued by the Chief of Police for periods not exceeding 10 consecutive days.
B. 
The hours of solicitation by transient merchants shall be from 10:00 a.m. through 5:00 p.m. However, the following exceptions will apply:
(1) 
Food and/or ice cream truck transient merchant hours of solicitation shall be 10:00 a.m. to 8:00 p.m.
(2) 
Parade vendor transient merchant hours of solicitation shall be 8:30 a.m. to 1:00 p.m.
Any person operating in the Town as a transient merchant, whether or not exempt from the licensing provisions of this chapter, shall conform to the following regulations:
A. 
The transient merchant shall conduct himself/herself at all times in an orderly and lawful manner.
B. 
The transient merchant shall immediately identify himself/herself by means of a firm or corporate identification card and/or a valid state motor vehicle driver's license.
C. 
The transient merchant shall, prior to a solicitation of a sale at the residence of a buyer or prospective buyer, clearly, affirmatively and expressly reveal at the time the seller initially contacts the buyer or prospective buyer and before making any other statement or asking the buyer any question, that the purpose of the contract is to effect a sale, stating in general terms the goods or services the seller has to offer.
D. 
The transient merchant shall give a written receipt to the purchaser for all orders taken within the Town where a down payment is received, which receipt shall be signed by the solicitor and shall set forth a brief description of the goods, wares, merchandise or services ordered, the total purchase price thereof, and the amount of the down payment received by the solicitor from the purchaser.
E. 
No solicitation shall be conducted door to door during the period prior to 10:00 a.m. or after 5:00 p.m. On all solicitations to sell, whether made in person, by telephone or otherwise, the licensee shall state his name, his principal's name and his permit number upon request. The permit is valid only between the hours of 10:00 a.m. and 5:00 p.m.
F. 
No solicitation will be conducted in a manner as it obstructs or prevents the free and convenient use of any street or sidewalk within the Town.
G. 
Transient merchants are prohibited from selling or offering for sale upon any public street, sidewalk, or other place, any of the following articles or similar articles: spray string, stink bombs, and substantially similar devices.
Any person violating any of the provisions of this chapter or making any false statements or misrepresentation of the facts for the purpose of obtaining permission to conduct himself or herself as a transient merchant in the Town shall be subject to a fine not to exceed $500, for each solicitation or sale which occurred. Penalties may be imposed in addition to violation of any and all violation of law.
A. 
The license issued pursuant to this chapter may be revoked by the Board of Police Commissioners of the Town, after notice and hearing, for any of the following causes:
(1) 
Any fraud, misrepresentation or false statement contained in the application for license.
(2) 
Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares, or merchandise.
(3) 
Any violation of this chapter.
(4) 
Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
(5) 
Conducting the business licensed under this chapter in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of hearing for revocation of a license shall be given in writing setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee, at his known address, at least five days prior to the date set for the hearing.