[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:
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.
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:
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License No: ..............................................................
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Date of Issue: ..............................................................
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Date of Expiration: ..............................................................
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Police Department, Fairfield, Connecticut
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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
Except as hereinafter provided, the following fees shall be
charged for transient merchants' licenses:
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.
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:
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.
