[HISTORY: Adopted by the Town Meeting of the Town of Old Saybrook 11-24-1980 by Ord. No. 2 of the 1980 Code; amended in its entirety 9-19-1994. Subsequent amendments noted where applicable.]
No person, except as provided herein, shall engage in solicitation within the Town of Old Saybrook without first obtaining a registration certificate issued by the First Selectman.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes magazines, periodicals, books, and orders or contracts for a service, or for home improvements or alterations.
- A. The vending of merchandise (including the selling, causing to be sold, offering for sale, or taking orders for present or future delivery of merchandise of any description whatever) by going from door to door or upon the sidewalks, streets, and public places of the Town.
- B. The making of surveys for research purposes, analyses, opinion polls, rating data and any similar work which involves interviewing door to door or upon the sidewalks, streets, and public places of the Town.
- C. The soliciting or obtaining contributions for any person or organization by going from door to door or upon the sidewalks, streets, and public places of the Town.
The purpose of this chapter is to prevent fraud, crime and unethical and dishonest business practices and for the general protection, health, and welfare of the residents of the Town of Old Saybrook.
Each person who desires to obtain a registration certificate in order to engage in solicitation within the Town of Old Saybrook shall file with the First Selectman an application in writing which shall provide the following information:
Name, age, and physical description of the applicant.
Complete permanent home and local address of the applicant.
The name and address of the organization or person on whose behalf the activity is to be conducted.
Description of the nature of the business and the goods, services or wares to be sold and that information necessary in order to determine whether the business is engaged in interstate or intrastate commerce.
The days, hours and routes on which the applicant intends to conduct activity in the Town of Old Saybrook.
A statement as to whether or not the applicant has been convicted of a crime, misdemeanor, disorderly conduct or public disturbance offense, where and when so convicted, the nature of the offense and the penalty, if any.
The make, model, year, color and license plate number of automobiles used by the applicant during the period of solicitation within the Town, and the number of his or her driver's license and the state of issuance.
The First Selectman may require such other information as it deems appropriate and may require photographs of the applicant to be filed with the application and to appear on the registration certificate.
As a matter of standard protocol all applications and approved permits are forwarded to the Department of Police Services for informational purposes.
Fees for registration under this section shall accompany the application and shall be calculated as follows:
A separate registration must be made and a separate registration fee must be paid for every person who seeks to engage in solicitation in the Town of Old Saybrook.
The First Selectman shall issue or deny a registration certificate not less than 24 hours but not more than 72 hours after the submission of the application.
The First Selectman shall deny a registration certificate to any person who:
Has been convicted in a court of competent jurisdiction of this state, the United States, or any other state of any offense punishable by a sentence of one year or more, provided that a period of 10 years has not passed from the date of conviction or the date of release of the applicant from the confinement imposed from that conviction, whichever is later.
Has been convicted in a court of competent jurisdiction of this state, the United States, or any other state of any offense involving disorderly conduct, creating a public disturbance, trespass, burglary, sexual assault, larceny or fraud, provided that a period of five years has not passed from the date of the conviction or the date of the release of the applicant from the confinement imposed from that conviction, whichever is later.
Has previously violated the rules and regulations set forth in § 159-10 of this chapter on two or more separate occasions,
The denial shall be in writing and contain a short description of the reasons for denial.
Any applicant may appeal the denial of a registration certificate by the First Selectman to the Board of Selectmen. Such appeal shall be taken by filing a notice of appeal with the First Selectman within one week of denial. The Board of Selectmen shall consider the appeal at its first regular meeting scheduled not less than three days following the filing of the appeal. The Board of Selectmen may consider the appeal at any special meeting prior to such regular meeting, provided that notice of such meeting is provided to the applicant. At such meeting the applicant will have the opportunity to present evidence in his or her own behalf. The Board of Selectmen shall have the power to affirm, reverse or modify the First Selectman's decision. The First Selectman shall be entitled to vote and to participate in this proceeding.
Each registrant shall carry the registration certificate at all times when engaging in solicitation and shall exhibit it to any citizen or Town official, including any Town police officer, upon request.
Every person to whom a registration certificate is issued shall be governed by the following rules and regulations:
Solicitation shall be limited to the hours between 9:00 a.m. and sunset. For the purposes of this regulation, sunset on any particular day shall be deemed to be the time of sunset printed in the Hartford Courant on that date. If the Hartford Courant does not print the time of sunset for that date, sunset shall be deemed to be the time printed in the Middletown Press; or, if no such time is there printed, in the New Haven Register; or, if no such time is there printed, 7:00 p.m.
All solicitation will be conducted at the front or main entrance of the dwelling.
All circulars, samples, or other matter shall be handed to an occupant of the property.
No person engaged in solicitation shall enter any dwelling unit without an express invitation from the occupant of that unit.
No person engaged in solicitation shall conduct himself or herself in such a manner as to become objectionable to or annoy any person while soliciting.
The use of bells, horns, or any other device which causes unnecessary noise is prohibited.
Persons engaged in solicitation may not, without the permission of the occupants of a premises, remain on any premises longer than is ordinarily required to make a sale.
Any person, organization, society or association of a charitable, religious, patriotic, philanthropic, or community nature desiring to conduct or have conducted on its behalf solicitation shall be exempt from the requirement of obtaining a registration certificate under this chapter, so long as no merchandise, wares, or services are offered as a part of such solicitation. Any person or entity seeking such an exemption shall file with the First Selectman an application in writing setting forth the following information:
The Board of Selectmen may, from time to time, set out areas in the Town of Old Saybrook where, during public sponsored events, all canvassers and solicitors, as defined by this chapter, shall be prohibited. However, notwithstanding such designation of a closed area by the Board of Selectmen, it may allow solicitation within such closed areas by special application under the following conditions:
That such solicitation is done by or on behalf of a charitable organization.
That such solicitation within the closed area be done at such place and in such manner so as not to be a public safety hazard, create undue traffic congestion, and not to impede or obstruct the public activities or spectators thereof.
Any person violating the terms of this chapter, whether as an individual, principal, agent or employee of another, shall be subject to a fine not to exceed $100. For purposes of this section, the continuation of an offense against the provisions of this chapter shall constitute a separate and distinct violation for each day the offense is continuing. In addition to said penalty, the First Selectman may, upon notice of any such violation, forthwith revoke any registration certificate. Such revocation may be appealed in the manner set forth in § 159-8 of this chapter.
Upon the request of the First Selectman, the Old Saybrook Department of Police Services is hereby authorized to secure from the State of Connecticut criminal history files of the criminal history of any person applying for a peddling and soliciting registration certificate under the provisions of this chapter.