[HISTORY: Adopted by the Town Council of
the Town of Cromwell 4-6-2016.[1]Amendments noted where applicable.]
CHARTER REVISION
Effective with the general election held in November 2013, the
Town changed to a Town Council/Town Manager form of government. According
to Charter § 11.04, any references in Town ordinances to
the "First Selectman" or to the "Board of Selectmen" shall now be
deemed to refer to the "Town Manager" or the "Town Council," as appropriate.
GENERAL REFERENCES
Bazaars and raffles — See Ch. 88.
Food establishments — See Ch. 137.
Loitering — See Ch. 160.
Farmers' markets — See Ch. 179.
[1]
Editor’s Note: This ordinance also superseded former
Ch. 178, Peddling and Soliciting, adopted BOS 9-9-1980, as amended.
A.
No person shall sell or offer for sale or solicit orders within the
Town for any provisions, fruits or any articles of food or goods,
wares or merchandise, nor shall any person solicit subscriptions for
magazines, books, etc., unless he shall obtain a license to do so
from the Chief of Police, which said license may contain such conditions
as the Chief of Police may deem expedient and shall be revocable at
his discretion, upon notice.
B.
Exceptions.
(1)
This chapter shall not apply to salesmen selling goods to retail
or wholesale stores for resale, or to wholesalers selling and delivering
their wares and goods to the merchants of the Town, or to goods, merchandise
or foodstuffs sold and delivered by the licensed merchants of the
Town.
(2)
This chapter shall not apply to milk and newspapers, or to businesses
already licensed to operate within the Town unless there is a significant
change in the type of merchandise being offered for sale.
(3)
This chapter shall not apply to the selling of food and the parking
of cars by residents during the week of the PGA Golf Tournament. To
qualify for an exception, the activity must be operated by the property
owner. Property owners who sell food will need to obtain a license
from the Cromwell Public Health Coordinator. Compliance with Connecticut
General Statutes § 12-409 (concerning sales and use taxes),
as amended, is the responsibility of the property owner.
(4)
This chapter shall not apply to sales by farmers and gardeners of
the produce of their farms, gardens and greenhouses, including fruits,
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.
(5)
This chapter shall not apply to the sale of goods by students of
the schools of the Town, provided that such sales have been approved
by the Board of Education.
As used in this chapter, the following terms shall have the
meanings indicated:
An approved, formally organized and regularly scheduled event for the sale of local food produce and products in a common marketplace which is certified and operated under Chapter 179 and the general guidelines, rules and regulations of the State of Connecticut Department of Agriculture.
Includes "hawker" and "huckster" and "vendor" and shall mean
any person, as defined below, selling or bartering or carrying for
sale or barter or exposing therefor any goods, wares or merchandise,
either on foot, from any animal, vehicle or stationary location.
Any company, corporation, individual or group of individuals
associated in any form, whether principal or agent, unless specifically
exempted by statute from the provisions hereof.
Any person traveling by foot, animal or vehicle, or by means
of telephone, 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, whether or not such solicited sales are
by sample and whether or not deposits or advance payments are collected.
All peddlers and solicitors shall make application to the Chief
of Police prior to any peddling or solicitation. The application shall
be on a form approved by the Chief of Police. Each applicant shall
disclose, at a minimum, the following:
A.
Complete identification, including date and place of birth, residence
and permanent address, physical description and prior criminal record,
if any.
B.
Signature.
C.
Name of employer.
D.
Nature of the product or services in which he is interested.
E.
Purposes in obtaining the license.
F.
Organization he represents.
G.
The nature and extent of the proposed operation in the Town and the
description and number of vehicles, if any, to be operated in connection
with such operation.
H.
Evidence of compliance with Connecticut General Statutes § 12-409
(concerning sales and use taxes), as amended.
A.
It shall be within the Chief of Police's discretion to determine
whether a particular applicant is exempt from a required license.
If the Chief of Police determines that a license is required for the
proposed peddler or solicitor, all license provisions of this chapter
will apply.
B.
No license shall be issued to the following:
(1)
Any person, association or corporation any of whose members have
been convicted of any crime involving moral turpitude, including but
not limited to rape, sexual battery, corruption of a minor, child
molestation, harassment or offenses relating to dangerous drugs, as
defined by the Connecticut General Statutes.
(2)
Any person who has been determined to be mentally and/or physically
impaired so as to render him or her incapable of holding a license.
(3)
Any applicant who has been convicted of any felony or misdemeanor
involving the use of physical violence within five years of the date
of application.
(4)
Any person who is on probation or parole at the time of application
shall be reviewed by the Chief of Police to determine if a license
shall be issued. The Chief of Police may require additional information
or the personal appearance by the applicant, or both.
(5)
Any person on probation or parole for a felony who has completed
less than two years of probation or parole, or to any person on probation
or parole for a misdemeanor who has completed less than six months
of said probation or parole.
(6)
Nothing in this section shall be construed as to limit the discretion
of the Chief of Police to refuse to issue a license for these or other
related issues.
Such licensee, with or without vehicles, shall be licensed to
do business only between 8:00 a.m. and 9:00 p.m.
Each licensee shall receive, with his license, identification
bearing the name of the licensee, license number and the words "licensed
peddler, Town of Cromwell" or "licensed solicitor, Town of Cromwell,"
as the case may be, and with the expiration date of the license. Such
identification must be available for inspection while engaged in peddling
or soliciting and must be shown to any inhabitant of the Town upon
request. No such identification shall be used by any person other
than the licensee to whom the same was issued.
Such licenses, unless sooner revoked, shall expire on the last
day of December succeeding the date of the issue thereof and shall
be a personal license to the licensee and shall not be transferable.
Fees for peddlers and solicitors shall be computed and paid
upon the issuance of any license and badge pursuant to the prescribed
schedule:
A.
Persons proposing to peddle or solicit on foot: minimum fee of $50
for each calendar month or portion thereof; licenses may be obtained
for a longer period at $50 per calendar month up to the period of
one calendar year ending December 31, but in no event to exceed the
maximum fee per year set forth in Connecticut General Statutes § 21-37.
B.
Persons proposing to peddle or solicit from a wagon, motor vehicle,
railroad car or other conveyance or peddling prepared food or beverage
items: minimum fee of $50 per calendar month or portion thereof; licenses
may be obtained for a longer period at $50 per calendar month up to
the period of one calendar year ending December 31, but in no event
to exceed the maximum fee per year set forth in Connecticut General
Statutes § 21-37.
Any person soliciting or peddling within the Town of Cromwell,
whether or not required to be licensed, approved or registered under
the provisions of this chapter, shall conform to the following regulations:
A.
The solicitor or peddler shall conduct himself at all times in an
orderly and lawful manner.
B.
The solicitor or peddler shall give a written receipt for all orders
taken within the Town of Cromwell, which receipt shall be signed by
the solicitor or peddler and shall set forth a brief description of
the goods, wares or merchandise ordered, the total price thereof and
the amount of the down payment received by the solicitor or peddler
from the purchaser, if any.
C.
No peddler or solicitor shall have any exclusive right to any location
in the public streets, nor shall any be permitted a stationary location
without a permit from the Planning and Zoning Commission, nor shall
be be permitted to operate in any congested area where his operations
might impede or inconvenience the public.
D.
It shall be the duty of any police officer of the Town of Cromwell
to require any person seen peddling or soliciting and who is not known
by such officer to be duly licensed to produce his peddler's
or solicitor's license and to enforce the provisions of this
chapter against any person found to be violating the same.
A.
Licenses issued pursuant to this chapter may be revoked upon the
issuance of a citation by the Chief of Police of the Town of Cromwell,
after notice and hearing, for any of the following causes:
B.
Hearings concerning any violation of or penalties imposed pursuant
to this chapter, including revocation of any license issued hereunder,
shall be in accordance with Connecticut General Statutes § 7-152c,
as the same may be amended from time to time. The Town Manager shall
appoint not more than two persons to serve as hearing officers. Any
such hearing officer shall not be a police officer or employee or
person who issues citations. The compensation of the hearing officers
shall be set by the Town Council. In addition to the requirements
of Connecticut General Statutes § 7-152c, all hearings under
this chapter shall conform to the requirements for fundamental fairness,
rules of evidence, and other procedures required by law for administrative
hearing involving the imposing of fines or penalties, or the revocations
of licenses.
Any persons violating any of the provisions of this chapter
shall, upon conviction thereof, be punished by a fine not to exceed
$99, and each such date of violation shall constitute a separate offense.
A.
No license under this chapter shall be required for charitable, philanthropic
and ecclesiastical organizations and other civic organizations regularly
organized and/or functioning in the Town, and such organizations shall
be exempt from the application and fee provisions of this chapter,
provided that each person before peddling or soliciting on behalf
of the same shall register with the Chief of Police the name and address
of the organization, the name and address of the persons intending
to peddle or solicit and the purpose of the object therefor. The registration
fee shall be $5 for any such organization and may be waived for good
cause. A copy of such registration shall be provided each registrant.
Such registration shall serve as a means of identification. For purposes
of this section a charitable or philanthropic organization shall mean
a nonprofit organization recognized as tax exempt under Section 501(c)(3)
of the Internal Revenue Code.
B.
No license under this chapter shall be required for those participating in an approved farmers' market as set forth in Chapter 179 that is also a nonprofit organization recognized as tax exempt under Section 501(c)(3) of the Internal Revenue Code.
C.
Nothing in this chapter shall be construed to limit in any manner
the Transportation Commissioner's statutory authority concerning
state highways.
D.
Nothing in this chapter shall be construed as empowering the Town
of Cromwell to prohibit, regulate, control or impose a fee on any
person operating any business on any state highway or land abutting
any state highway pursuant to a contract with the state.
It shall be the duty of the Chief of Police to keep records
of all registrations, applications and licenses granted under the
provisions of this chapter in a book provided for that purpose, giving
the number and date of each license, name, age and residence of the
person so licensed, the amount of the license fee paid and also the
date of revocation of any license and to keep a detailed account of
all fees collected for such licenses and to turn said fees over immediately
to the Treasurer of the Town.
