[HISTORY: Adopted by the Town Council of the Town of Rocky Hill 4-17-1972
by Ord. No. 24-72. Amendments noted where applicable.]
[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.
As used in this chapter, the following words shall have the following
meanings:
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.
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.
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.
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.
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.
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]
[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.
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]
[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]
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.
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.
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.
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]
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.
[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.
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.
