[HISTORY: Adopted by the Board of Directors of the Town of Manchester
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Bazaars and raffles — Ch. 120.
Carnivals and exhibitions — See Ch. 144.
Sale of food — See Ch. 187.
CHARTER REFERENCES
Authority to regulate peddlers — See § 1-3(51).
STATUTORY REFERENCES
Licensing of itinerant vendors — See C.G.S. § 21-27
et seq.
Municipal license required — See C.G.S. § 21-29.
[Adopted 3-7-2006[1]]
[1]
Editor's Note: This ordinance superseded former Art. I, Public Vendors,
adopted as Secs. 9-151 to 9-161 of the 1996 Code.
Except as specified in this article, no person shall peddle or sell
upon the streets, public rights-of-way, sidewalks or public places or from
house-to-house, or at public or private sale, any goods, wares or merchandise,
without first having been duly licensed to do so by license issued to him
or her by the Chief of Police, or his designee, upon paying to such officer
for such Town the license fees prescribed herein.
Every person before engaging in a business required to be licensed by
this article shall make application therefor in writing to the Chief of Police,
or his designee, on blank forms to be supplied by such officer. Any person
engaging in a business required to be licensed by this article and operating
that business at more than one location shall be required to apply for and
receive a license for each location or, in the absence of any specified location,
shall be required to apply for and receive a license for each mobile vending
unit. The Chief of Police, or his designee, shall make such regulations to
control the operation of such business as he deems necessary and proper, subject
to approval by the Board of Directors. Copies of such regulations shall be
given to each applicant at the time application is made and shall be attached
to each license when issued.
Applications shall be in writing and state the name and address of the
licensee; a detailed description of the nature of the business and the goods
to be sold; the name of the vendor's employer, if employed; the location
of any booths, tents or vehicles where goods will be sold; the make, model
and registration number of any vehicle to be used in the conduct of the business;
copies of any required federal, state or local licenses or permits applicable
to the business; and the date of its beginning and of its expiration. The
application shall also contain an authorization and acknowledgement by the
applicant that a criminal records check may be conducted by the Chief of Police
or his designee. Any license issued pursuant to this article shall be prominently
displayed at each location of the business so licensed and available for inspection
upon request.
A.
The Chief of Police, or his designee, may deny a license
at the time of application, or once a license is issued under this article,
the license may be suspended or revoked. The reasons for any such denial,
suspension or revocation of a license shall be provided in writing and shall
set forth the specific grounds for the denial, suspension or revocation.
B.
Any license applied for or issued under this article
may be denied, suspended or revoked by the Chief of Police, or his designee,
for any of the following reasons:
(1)
Fraud, misrepresentation or false statement contained
in the application for a license;
(2)
Denial, suspension or revocation of a license within
the past year of an application being made, unless the applicant can demonstrate
that the conditions that caused such denial, suspension or revocation no longer
exist;
(3)
Fraud, misrepresentation or false statement made by the
licensee in the course of conducting his or her business;
(4)
Conducting business contrary to the rules and regulations
approved by the Board of Directors and attached to each license;
(5)
Conviction of any crime involving moral turpitude; or
(6)
Conducting business activities pursuant to the license
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.
C.
Whenever a license is denied, suspended or revoked, an
opportunity will be provided for a hearing in the written notice of such denial,
suspension or revocation. The notice shall be mailed, postage prepaid, to
the applicant or licensee at the address shown on the application for the
license or at the last known address of the licensee. A request for a hearing
shall be made in writing to the Chief of Police, or his designee, within five
days of the notice of denial, suspension or revocation, and the Chief of Police,
or his designee, shall hold such hearing within 10 days of receiving such
request.
D.
Any vendor aggrieved by the action or decision of the
Chief of Police, or his designee, to deny, suspend or revoke a license applied
for under the provisions of this article shall have the right to appeal such
action to the General Manager. The appeal must be made in writing within five
days of being notified of the action or decision of the Chief of Police, or
his designee, at the hearing, setting forth the grounds for the appeal. The
General Manager will then set a time and place for a hearing on the appeal.
The decision of the General Manager shall be final and binding on all parties.
Every person who resides in the Town who engages in a business for himself
for which a license is required by this article shall pay in advance, a license
fee of $50 for each license so issued per year.
Every person who is not a resident of the Town who engages in a business
for which a license is required by this article shall pay in advance, a license
fee of $100 for each license so issued per year.
Every resident of the Town who engages in a business for which a license
is required by this article who is so doing as the agent, representative,
servant or employee of a nonresident of the Town shall pay the license fee
required for nonresidents.
Each license herein provided for shall expire on the 31st day of March
in each year.
This article shall not apply to persons selling only to stores, institutions,
businesses, industrial or commercial establishments and municipal agencies;
charitable, political, religious and government organizations or events sponsored
by government organizations and their representatives, including public service
organizations engaged in soliciting for charitable projects; persons canvassing,
soliciting or selling exclusively by telephone; persons delivering food, groceries,
fuel oil, milk and other goods or supplies which have been ordered or contracted
for; persons selling newspapers, books, magazines or periodicals; and persons
exempted by the statutes of the state.
