[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:
A.
Farmers and gardeners offering for sale the product of their farms
and gardens;
B.
Sales made by minors who are Town residents of newspapers, magazines
and periodicals;
C.
Sales made to dealers and business establishments by commercial travelers
or selling agents;
D.
Sales made to regularly established customers at their place of residence;
E.
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.
A.
The fee for such license shall be $25 per year for nonprofit organizations,
with no annual permit fee.
B.
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.
C.
All said license shall expire on 31st day of December each calendar
year.
A.
The license application shall contain the following information:
(1)
Name and address, including former names;
(2)
Age, weight, height and color of hair and eyes;
(3)
A specific description of the products to be sold and the trade name,
if any, under which such business will operate;
(4)
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;
(5)
The applicant's fingerprints;
(6)
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;
(7)
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;
(8)
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;
(9)
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.
B.
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.
A.
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:
(1)
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;
(2)
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.
B.
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.
A.
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.[1]
[1]
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).
B.
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.