Town of Rocky Hill, CT
Hartford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Rocky Hill 4-17-1972 by Ord. No. 24-72. Amendments noted where applicable.]
GENERAL REFERENCES
Auctions — See Ch. 89.
Bazaars and raffles — See Ch. 93.
Licensing of food establishments — See Ch. 145, Art. II.
Noise — See Ch. 180.
Fees — See Ch. A249.

§ 193-1 License required.

[Amended 1-6-1992 by Ord. No. 171-92]
It shall be unlawful for any peddler, solicitor, hawker, itinerant vendor, organizer, salesman or canvasser, as defined in § 193-2 of this chapter, to engage in such business within the Town limits of the Town of Rocky Hill, Connecticut, without first obtaining a license therefor in compliance with this chapter.

§ 193-2 Definitions.

As used in this chapter, the following words shall have the following meanings:
CANVASSER or SOLICITOR
Any individual, whether resident of the Town of Rocky Hill or not, taking or attempting to take orders from anyone on the premises of a house, apartment or other place of residence for sale of goods, wares, merchandise, including articles of food, or personal property of any nature whatsoever for future delivery, or for services to be performed in the future, whether or not such individual shall carry or expose for sale a sample of the subject of such sale, or whether he is collecting advance payments on such sales or not.
HAWKER or PEDDLER
Any person, whether principal or agent, who goes from Town to Town or from place to place in the same Town selling or bartering or carrying for sale or barter or exposing therefor any goods, wares or merchandise, including articles of food.
ITINERANT VENDOR
Any person, whether a principal or agent, who engages in a temporary or transient business in this state, either in one locality or in traveling from place to place, selling goods, wares or merchandise or conducting any closeout sale and who for the purpose of carrying out such business or sale hires, leases or occupies any building or structure for the exhibition and sale of such goods, wares or merchandise, "temporary or transient business" meaning and including any exhibition and sale of goods, wares or merchandise which is carried on in any tent, booth, building or other structure, unless such place is open for business during usual business hours at least nine months in each year.
ORGANIZER
Any person who employs on any basis whatsoever another person to solicit and/or canvass on his behalf or on behalf of a firm or organization that he represents.
SALESMAN
Any person who shall sell or expose for sale or solicit orders for any articles of food or any goods, wares, merchandise, materials or services or solicit for any contracts within the Town of Rocky Hill to or from anyone on the premises of a house, apartment or other place of residence and shall include canvassers, solicitors, hawkers, peddlers and itinerant vendors, as above defined.

§ 193-3 Application information.

Applicants for a license under § 193-1 hereof must file with the Rocky Hill Police Chief a sworn application, in writing, in duplicate, on a form to be furnished by the Police Chief, which shall give the following information:
A. 
The name and description of the applicant.
B. 
The permanent home address and full local address of the applicant.
C. 
A detailed description of the nature of the business and goods to be sold.
D. 
If employee, the name and address of the employer.
E. 
The length of time for which the applicant wishes to engage in business.
F. 
The place where the property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced.
G. 
Where such goods or products are located at the time such application is filed, and the proposed method of delivery.
H. 
The make, model and registration number of the motor vehicle, if any, to be used by the canvasser or solicitor.
I. 
Whether, when, where, in what court and by whom he or any present or former employer, principal or contract associate has ever been sued in a civil action alleging fraud or misrepresentation in connection with or as a result of the registrant's activities in soliciting for any contract or in selling, exposing or offering for sale or soliciting orders for any articles of food or any goods, wares, merchandise, materials or services.
J. 
Identification satisfactory to the Police Chief and containing a specimen of the applicant's handwriting.
K. 
The location where the product will be sold, if fixed location or locations are planned.
[Added 10-4-1982 by Ord. No. 101-82]
L. 
Proof that state license issued pursuant to § 21-27 of the Connecticut General Statutes has been obtained, if applicable.
[Added 1-6-1992 by Ord. No. 171-92]

§ 193-4 Investigation fee; fingerprinting; waiting period.

[Amended 1-6-1992 by Ord. No. 171-92]
At the time of filing the original application, a fee as provided by resolution of the Town Council per person shall be paid to the Police Chief to cover the cost of investigation of facts stated therein.[1] This shall be exclusive of and in addition to the license fee in § 193-6. All applicants shall be fingerprinted, and there shall be a four-week waiting period.
[1]
Editor's Note: See Ch. A249, Fees.

§ 193-5 Approval or disapproval of application.

A. 
Upon receipt of such application, the Chief of Police shall cause to be undertaken and completed, within a period of four weeks, such investigation of the applicant's business and moral character and of the statements made in the application as he deems necessary for the public good. If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse his disapproval on the application and his reasons for the same and notify the applicant thereof.
B. 
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse his approval on the application and turn a copy over to the Town Clerk, who shall, upon payment of the prescribed license fee, deliver to the applicant a license which shall show the name and address of the licensee, the kind of goods to be sold thereunder, the date of issuance and the length of time the same shall be operative.
C. 
If any applicant has been convicted of any crime involving moral turpitude or a felony, he may, at the discretion of the Police Chief, be denied a license. In the event that a license is not granted, no fee shall be charged. There shall be no refund when, after issuance, a license is revoked.
D. 
Granting of such license shall be conditional upon any applicant therefor appointing the Town Clerk or such person as he may designate as agent to receive service of process in any civil action brought by any resident of the Town of Rocky Hill alleging any cause of action arising out of the activities of such applicant under this license.
E. 
In addition, if the applicant will sell from a fixed location or locations, the Zoning Enforcement Officer, in addition to the Chief of Police, must provide his approval on the application form.
[Added 10-4-1982 by Ord. No. 101-82]

§ 193-6 License fee.

[Amended 6-16-1986 by Ord. No. 138-86]
The license fee shall be that which is established by Council resolution and which may be modified when the Council so determines.[1]
[1]
Editor's Note: See Ch. A249, Fees.

§ 193-7 Production of license upon demand.

It shall be the duty of any police officer of the Town of Rocky Hill to request any person seen soliciting or canvassing, and who is not known by such officer to be duly licensed, to produce his solicitor's or canvasser's license. It shall be the duty of any officer to enforce the provisions of this chapter against any person found to be violating the same. Solicitors and canvassers are required to exhibit their licenses at the request of any citizen.

§ 193-8 Carrying of license required.

Each licensed person shall carry with him at all times, while working in Rocky Hill, the license with a photograph, supplied by the Town, affixed hereto.

§ 193-9 Conditions.

Each person to whom a license has been issued pursuant to this chapter shall, while engaged in the activities for which he has been licensed:
A. 
Conduct himself at all times in a quiet, orderly and lawful manner.
B. 
Enter within any home only upon being expressly invited to do so by an occupant thereof.
C. 
Leave any premises immediately upon the request of any occupant of the same.
D. 
Deliver as agreed or represented, and within a reasonable time, all food, goods, wares, merchandise and materials, and perform in like manner all services for which he has been paid in whole or in part, except as provided in Subsection E.
E. 
Refund promptly any payment made to him if he shall find that it is not reasonably possible for him to comply with Subsection D, unless said refund shall be refused by the other party.
F. 
Give a written and signed receipt for all payments received by him, stating the amount of said payment, a description of the food, goods, wares, merchandise, materials and/or services or contracts in connection with which said payment was made, the total of all charges made or to be made in connection with the same and when and in what amounts any additional payments are to be made.
G. 
Give to the other party a copy, signed by the holder of the credentials, of any order, contract or other document which said party has signed. Compliance with this subsection shall constitute compliance with Subsection F to the extent that the requirements of Subsection F are met by said document.

§ 193-10 Revocation of license; hearing.

A. 
Licenses issued pursuant to this chapter may be revoked by the Chief of Police of the Town of Rocky Hill, after notice and hearing, for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for license.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or canvasser.
(3) 
Any violation of this chapter.
(4) 
Conviction of any crime and/or misdemeanor involving moral turpitude.
B. 
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint. Such notice shall be mailed, by registered mail, return receipt requested, to the last known address of the licensee at least five days prior to the date set for the hearing.
[Amended 1-6-1992 by Ord. No. 171-92]

§ 193-11 Records.

The Town Clerk shall keep a permanent record of all licenses issued under this chapter, and the Chief of Police shall report to the Town Manager all convictions for violation of this chapter, and the Town Manager shall maintain a record of each license issued and record the reports of violation therein.

§ 193-12 Penalties for offenses.

[Amended 1-6-1992 by Ord. No. 171-92]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $50. Each day of engaging in the activities described in § 193-2 without a license as required by this chapter shall be considered a separate offense.

§ 193-13 Exemptions.

This chapter shall not apply to:
A. 
Persons selling only to stores, institutions, business, industrial and commercial establishments and municipal agencies.
B. 
Local charitable, political, religious and government organizations and their representatives, including public service organizations engaged in soliciting for charitable projects.
C. 
Persons canvassing, soliciting or selling exclusively by telephone.
D. 
Persons delivering food, groceries, fuel oil, milk and other goods or supplies which have been ordered or contracted for.
E. 
Persons exempted by the statutes and laws of the State of Connecticut, or persons in possession of valid licenses issued by the State of Connecticut covering the activities which would otherwise be regulated by this chapter.
F. 
Local residents having tag, garage, yard sales and the like.