[HISTORY: Adopted by the Board of Selectmen of the Town of Guilford 8-5-2019. Amendments noted where applicable.]
Editor's Note: This ordinance also superseded former Ch. 218, Peddling and Soliciting, comprised of Art. I, Soliciting, adopted 2-14-1952 STM, as amended, and Art. II, Peddling, adopted 7-8-1965 STM, as amended.
The purpose of this chapter is to promote greater public safety and welfare in the Town, as authorized by Section 7-148(c)(7)(B) and (H) of the Connecticut General Statutes.
As used in this chapter, the following terms shall have the meanings indicated:
- HAWKER or PEDDLER
- Any person, whether principal or agent, who goes from town to town or from place to place or house to house in the same town selling or bartering, or carrying for sale or barter, any goods, food, wares or merchandise, either on foot, pushcart or from any vehicle, including a mobile food service establishment (hereinafter referred interchangeably as "vendor," "hawker," or "peddler"). Such definitions are consistent with Section 21-36 of the Connecticut General Statutes.
- Any person, whether principal or agent, who goes from town to town or from place to place or house to house in the same town for the purpose of taking or attempting to take orders for the sale of goods, food, wares or merchandise, including periodical subscriptions, for future delivery or for services to be performed in the future, either on foot or from any vehicle. The term "solicitor" shall also include any person who requests, place to place or house to house, directly or indirectly for money, credit, property, financial assistance or other thing of any kind or value on the plea or representation that such money, credit, property, financial assistance or other thing of any kind or value is to be used for a charitable purpose or benefit a charitable organization, as more fully described in Section 21a-190a of the Connecticut General Statutes. Telephonic sales solicitations shall be governed by the Connecticut General Statutes. Such definition is consistent with Section 21a-190a(3) of the Connecticut General Statutes.
No person shall solicit, hawk or peddle, as those terms are defined in § 218-2, in the Town of Guilford, without a license issued by the Guilford Police Department, upon the filing of an application as hereafter provided.
The license requirement of § 218-3 shall not apply to the following:
As mandated by Section 21-37 of the Connecticut General Statutes, sales by farmers and gardeners of the produce of their farms, gardens and greenhouses, including fruit, vegetables and flowers, or to the sale, distributions 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;
Any person under 18 years of age; and
Charitable organizations, as defined in Section 21a-190a of the Connecticut General Statutes, which are in compliance with the Solicitation of Charitable Funds Act set forth in Sections 21a-175 et seq. and regulations pertaining thereto, including any requirement to carry current proof of registration with the State Department of Consumer Protection when soliciting.
The hawker, peddler or solicitor shall make application to the Chief of Police or his/her designee, for a license at least five days prior to the date of his/her contemplated peddling or soliciting activities. A separate license shall be required for each peddler, solicitor or hawker, provided that only one license shall be required for each peddler vehicle, pushcart or mobile food service establishment.
The license application for peddlers, hawkers and solicitors shall be on a form available at the Police Department and shall include the following information:
Name and permanent address of applicant and each person who conducts peddling or soliciting activities associated with any pushcart, vehicle or mobile food service establishment;
Driver's license number or other verifiable government identification of the applicant and of each person who conducts peddling or soliciting activities associated with any pushcart, vehicle or mobile food service establishment;
Type of vending operation to be conducted (i.e., pushcart, motor vehicle, other), as applicable;
Type of product to be sold (i.e., food, beverages, novelties, other), as applicable;
Statement as to whether the applicant, and each person who conducts peddling or soliciting activities associated with any pushcart, vehicle or mobile food service establishment, has ever been convicted of a crime or misdemeanor involving moral turpitude. A criminal record check shall be completed by the Guilford Police Department for each person conducting vending or soliciting activities; and
If the application is for a temporary license, the desired date of commencement.
The Police Department may request the applicant to submit the following together with his/her application to the Police Department:
Identification in the form of a government-issued ID of the applicant and each person who conducts peddling and soliciting activities;
Photograph of applicant and each person who conducts peddling or soliciting activities;
Application fee in the amount described in this chapter;
Proof of insurance for vehicular, property, casualty or liability as may be reasonable and customary for the nature of the proposed operation;
Copy of registration for any vehicle, including a mobile food service establishment, to be used in the vending activities, as applicable; and
Except with respect to peddling on public streets and state highways, if peddling from a peddler vehicle, pushcart or mobile food service establishment is to take place on private, state or Town property, the applicant shall provide, as applicable, the Zoning Enforcement Officer's approval that the operation is in compliance with applicable zoning regulations, including any revised site plan requirements under Article IX of Chapter 273 of the Town Zoning Code. For purposes of vending on Town property, the vendor shall obtain the permission of the governing agency of the subject property, as defined in Chapter 214 of the Town Code.
Upon compliance by the applicant with the provisions of § 218-5, the Police Department shall issue a license authorizing the applicant to conduct vending or soliciting activities for a period not to exceed one year from the date of issuance for a fee of $200, to cover the administrative costs of the review and issuance of the license, provided that temporary licenses may be issued for a period not to exceed one day, for a reduced fee of $25. The license is non-transferable.
The license fee shall be waived for veterans "who served in time of war," as defined in Section 27-103 of the Connecticut General Statutes, who: i) have resided within Connecticut for a period of two years next preceding the date of application for such permit; ii) are hawkers or peddlers; and iii) are "principals," pursuant to the provisions of Sections 21-36 and 21-37 of the Connecticut General Statutes.
The Chief of Police shall issue a badge to each individual who conducts peddling or soliciting activities under this chapter, regardless of whether or not a license fee is required. Each person shall conspicuously affix the badge to his/her outermost garment while conducting such door-to-door activities. The badge shall include the name of the licensee and the individual, the license number and the time period for which the license is valid.
The Board of Selectmen, upon the recommendation of the Chief of Police and, for applicable provisions, the Police Commission, may make such rules and regulations regulating solicitors and peddlers consistent with this chapter as the Board deems the public welfare requires and as otherwise in compliance with laws.
In the interest of the health and safety of the community, an application for a license may be denied or a license may be revoked for any one of the following reasons:
Fraud, misrepresentation or false statements contained in the license application;
Fraud, misrepresentation or false statements made in the course of the activities conducted under the license;
Any violation of this chapter, the rules and regulations adopted pursuant to the provisions of this chapter or local, state or federal law;
The applicant or licensee has been convicted of a crime or misdemeanor involving moral turpitude; or
Conduct of 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.
The Chief of Police or his or her designee shall provide written notice to the person whose license is denied or revoked, which notice shall set forth the grounds of the denial or revocation and shall be mailed to the person's address as shown on the license application form or to the person's last known address.
Any person aggrieved by the action or decision of the Chief of Police to deny or revoke the license shall have the right to appeal to the Board of Selectmen within 15 days of receipt of such notice of decision. The Board of Selectmen shall schedule a hearing within 10 days of receipt of an appeal and shall render a decision not later than 10 days following the close of the hearing; provided, however, that upon a written showing of special circumstances to the satisfaction of the Board of Selectmen, an aggrieved person shall be granted an expedited hearing to be held within three business days of receipt of the written request.
The Chief of Police shall keep a record of all licenses granted under the provisions of this chapter.
Any person who shall peddle or solicit without being duly licensed as herein provided or who shall violate the provisions of this chapter shall be fined not more than $199 for each offense, pursuant to Section 21-38 of the Connecticut General Statutes. 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.
Should any provisions of the Chapter be found with finality by a court of competent jurisdiction to be prohibited by the Connecticut General Statutes, the provisions of such statutes shall prevail.
Nothing is this chapter shall limit the power and authority of the Zoning Enforcement Officer, the Planning and Zoning Commission, the Police Commission, the Fire Marshal or the Director of Health to enforce their related regulations, codes, laws or ordinances.