[HISTORY: Adopted by the Town Council of the Town of Montville 7-9-1990 by Ord. No. O-J-3 (Part 31 of the 1991 Compilation); amended in its entirety 4-14-2014 by Ord. No. 2014-1. Subsequent amendments. Amendments noted where applicable.]
No person shall engage in the peddling, vending or selling of any provisions, foods, goods, wares or merchandise upon any of the public streets of the Town, or from house to house, without first having obtained a license from the Chief of Police or designated representative.
The following classes of persons and businesses shall be exempt from the provisions of this chapter:
Farmers and gardeners offering for sale the product of their farms and gardens;
Sales made by minors who are Town residents of newspapers, magazines and periodicals;
Sales made to dealers and business establishments by commercial travelers or selling agents;
Sales made to regularly established customers at their place of residence;
Sales made by persons who are residents of the Town and who are sponsored by a religious, civic, charitable or educational organization having a place of business in New London County.
No street vendor or itinerant vendor shall be relieved or exempted from the provisions or requirements of this chapter by reason of associating temporarily with any local dealer, auctioneer, trader or merchant or by conducting any temporary or transient business in connection with or in the name of any local dealer, auctioneer, trader or merchant.
The fee for such license shall be $25 per year for nonprofit organizations, with no annual permit fee.
For all others, the fee for such license shall be $100 per year and $100, or portion thereof, for the annual permit fee. A license renewal may be obtained for $50 per year, so long as there are no modifications from the original license application.
All said license shall expire on 31st day of December each calendar year.
The license application shall contain the following information:
Name and address, including former names;
Age, weight, height and color of hair and eyes;
A specific description of the products to be sold and the trade name, if any, under which such business will operate;
If this applicant is to be employed by or associated with another licensee, permittee or applicant, the name of such person shall be included on the application;
The applicant's fingerprints;
A statement as to whether or not the applicant has been convicted of any crime, including misdemeanors and motor vehicle violations, the nature of the offense, if any, and the punishment or penalty assessed;
The name of any municipality and state from which the applicant has previously sought a license or permit as a peddler, street vendor or solicitor and the dates of such application;
The registration number and the name of the owner of any motor vehicle, trailer or structure which will be used in connection with the applicant's business;
A description of the route to be served or the temporary business location; include written permission from the property owner if applicable, and written approval from the state if located on a state right-of-way.
Each person applying for a license shall have his or her photograph taken by the Police Department of the Town of Montville for inclusion on the license with the actual cost of the photo license paid by the applicant.
Upon receipt of an application, the Chief of Police or his or her designated representative shall, within 21 days, investigate the applicant's background to the extent necessary to protect the public welfare. Upon completion of such investigation he or she shall:
Endorse on any application found unsatisfactory his or her disapproval and the reasons therefor and return same to the applicant by mailing it to the applicant's address listed thereon;
Endorse on any application his or her approval, execute a license and notify the applicant by mail that he or she can obtain same upon payment of the license fee. A copy of this chapter shall be given to all licensees at the time the license is issued.
The Chief of Police shall not issue a license to any vendor if his or her stand or temporary place of business will be within 500 feet of a permanent business which sells a similar product. A "permanent business" is defined as a business which is operated within a permanent structure and is assessed property taxes by the Town of Montville. The Chief of Police may not issue a license for any activity associated with this chapter if said activity will result in the creation of a hazard to the motoring public.
Each license holder shall be required to affix the license to the vehicle, cart, stand, carrying case or support structure used in peddling or vending in a location clearly visible to the public. The license shall be made available for inspection at the request of any citizen.
Vendors engaged in the sale of products for human consumption shall have their vehicles inspected by the Director of Health or his or her representative prior to filing for a license approval or renewal. Written proof of the inspection must be presented with the application.
All peddlers and vendors shall make adequate provisions for collection and disposal of all used containers, wrappings and other disposables, including garbage. Further, all street vendors engaged in food sales shall be responsible for keeping the area within 100 feet of their vehicle clean, neat and free of litter, including garbage. Failure to keep said area clean and free of litter and garbage shall result in a fine of $99 per day, each day constituting a separate violation.
Any license granted under this chapter may be revoked by the Chief of Police for any false statement made by the applicant in his or her application or contained in the credentials or evidence furnished by him or her to secure a license, for violation of any Town ordinance or state or federal law or for creating any nuisance situation.
Any person found to be vending or soliciting in the Town of Montville without having secured, and possessing, the required license and permit shall be fined $250 per day by the Chief of Police or his or her designated representative. Each day found in violation constitutes a separate violation.
Editor's Note: Ordinance No. 2014-1 provided a side comment stating that the fine should be in excess of the cost to obtain a license and permit for one day to discourage single-day violators (i.e., vendors who show up for a single-day event, holiday or parade day where paying a one-day fine is economically more viable than obtaining a license and permit).
Failure to immediately cease and desist vending or soliciting without a license and permit will result in the implication of criminal charges imposed by the Chief of Police or his or her designated representative.
The Town ordinance entitled "Ordinance Requiring Peddlers License" passed at a Special Town Meeting held on February 26, 1916, is hereby repealed.