[HISTORY: Adopted by the Board of Selectmen of the Town of Simsbury 5-24-1993. Amendments noted where applicable.]
Peddling on public property — See Ch. 115.
Sale of tobacco to minors — See Ch. 144.
Editor's Note: This ordinance also repealed former Ch. 120, Peddling and Soliciting, adopted by the Town Meeting 10-5-1959.
As used in this chapter, the following terms shall have the meanings indicated:
- ADMINISTRATIVE PROVISIONS
- Those requirements relating to the application, investigation, license form, license fee and recordkeeping associated with the Ordinance Regulating Hawkers and Peddlers as adopted by the Board of Selectmen separately by resolution.
- Includes natural persons and entities such as communities, companies, corporations (both public and private), partnerships, societies and associations (both incorporated and unincorporated).
- VENDING or VEND
- Going from town to town, or from place to place within the Town of Simsbury, for the purpose of selling or bartering or offering for sale or barter (including soliciting orders, subscriptions or contracts therefor) or carrying or exposing for sale or barter any goods, wares, merchandise or article of value, either on foot or from any animal or vehicle, and shall include such activities conducted on any public street or state highway in Simsbury or on any land abutting such streets or highways or by going from dwelling unit to dwelling unit in Simsbury.
The purpose of this chapter is to promote the health, safety and welfare of the inhabitants of Simsbury and especially to prevent fraudulent, unscrupulous and dishonest business practices and to promote safe and sanitary activities by persons who, due to the transient nature of their activities, are not amenable to the same rules and regulations governing those engaging in such activities in or from a fixed place of business in Simsbury.
No person may vend or cause another to vend within the Town of Simsbury without first having obtained a license issued pursuant to this chapter.
This chapter shall not apply to the following:
A person representing a charitable, civic, public service, religious or educational organization located in the Town of Simsbury who is engaged in vending on behalf of such an organization and when all of the proceeds of such vending are to be used for the benefit of such organization.
A person invited by the owner or occupant of premises to vend thereon, as long as such use is permitted under current zoning regulations.
A person engaged in delivering a previously ordered article of value, including but not limited to a person delivering parcels, dairy products, newspapers and prepackaged food items.
A person vending exclusively to stores, institutions, businesses, industrial or commercial establishments and government agencies.
A person exempt from such regulation by statute or applicable judicial decision.
A person vending in conjunction with a special event conducted in Simsbury, provided that a public gathering permit for the event has been issued by the town and further provided that said person is an authorized participant in the special event.
Any person desiring a license under this chapter shall file under oath an application therefor with the Town Clerk on forms provided by said Clerk which shall contain such information as required by the administrative provisions.
Upon receipt of an application containing, or deemed to contain, all of the data required by the administrative provisions, the Town Clerk shall submit the application and all accompanying data to the Chief of Police, who shall thereupon cause to be conducted such investigation of data contained in the application as required by the administrative provisions.
Following an investigation of the applicant and a recommendation for approval by the Chief of Police, a license containing such information as provided in the administrative provisions may be issued by the Town Clerk pursuant to this chapter. The Town Clerk shall notify the applicant that a license will be issued upon the applicant's reporting to the Town Clerk's office to receive and pay for the license.
The license shall be conspicuously displayed by the licensee at all times during the conduct of his vending activities and shall describe the things approved for vending and the manner of vending approved.
Such license shall expire on the 31st day of December subsequent to the date on which it was issued unless sooner revoked pursuant to this chapter.
The fee for the license shall be determined from time to time by the Board of Selectmen by resolution and shall be listed in the current administrative provisions. The license fee is not refundable under any circumstances.
The Town Clerk, upon a verified complaint of any of the following, may suspend a license issued under the provisions of this chapter for a period not to exceed 30 days pending a revocation hearing as provided in this section:
Fraud, misrepresentation or false statement contained in the license application or any other form required by this chapter.
Fraud, misrepresentation or false statement engaged in by the license holder in the course of carrying on the business of vending.
Any violation of this chapter.
Conviction of any crime involving moral turpitude.
Notice of any suspension shall be in writing and shall be issued by the Town Clerk, who shall state therein the reasons for the suspension and shall further give notice of the date and time of the revocation hearing scheduled before the First Selectman. A notice of hearing for revocation of license shall set forth specifically the ground(s) of the complaint. The Town Clerk shall mail the suspension and revocation hearing notice by certified mail to the last known address of the license holder at least seven days before said scheduled revocation hearing.
A license issued under the provisions of this chapter shall be revoked by the First Selectman after notice hearing and upon a finding of any of the circumstances listed in Subsection A. Any revocation shall be in writing and shall state the reasons therefor. The revocation order shall be sent by certified mail to the last known address of the licensee.
Each licensee, while engaged in the activities in Simsbury for which the license was issued, shall:
Refrain from shouting, blowing a horn, ringing a bell or using any sound device for the purpose of attracting attention in a manner which creates a public nuisance.
Refrain from conducting the licensed activities before 7:00 a.m. on any day or after 9:00 p.m. on any day.
Refrain from entering any dwelling unit unless expressly invited to do so by an occupant thereof.
Leave any premises immediately upon being requested to do so by an occupant thereof.
Deliver as agreed or represented and within a reasonable time all things of value and perform in like manner all services contracted for which he has been paid in whole or in part, except as provided in Subsection F hereof.
Refund promptly any payments made to him if he shall find it is not reasonably possible for him to comply with Subsection E hereof, unless said refunds shall be refused by the other party.
Give a written and signed receipt for all payments in excess of $100 received by him, stating the amount of said payment, a description of the thing of value in connection with which the payment was made, the total of all charges made or to be made in connection with the transaction and when and in what amounts any additional payments are to be made.
Refrain from transferring his license to anyone or allowing anyone else to use his license.
If conducting vending activities on the streets or sidewalks of Simsbury, not maintain the vehicle or activity in the same place for a period of time exceeding one hour and not conduct food or drink vending activities during the period from one hour before to one hour after school is in session within 1,500 feet of any school. A licensee shall not, by virtue of being a licensee, have an exclusive right to any location on public streets or public property, shall not be permitted any stationary location thereon and shall not be permitted to operate in a congested area or any area where such operation is reasonably likely to impede the movement of people and vehicles or is likely to cause a hazard to public safety.
Refrain from using signage except such as is affixed to the licensee or licensee's vehicle.
Refrain from conducting vending activity using vehicles of 18 wheels or more on streets containing culs-de-sac or that are marked as prohibiting through traffic.
Any person who vends without complying with the provisions of this chapter shall, upon conviction, be fined such amount as may from time to time be established by Connecticut General Statutes, Section 21-38.