[HISTORY: Adopted by the Town of Topsham as Ch. 6, Art. IV of the
Topsham Code, as amended through 1990. Subsequent amendments noted where applicable.]
The purpose of this chapter is to define, regulate and license peddlers.
As used in this chapter, the following terms shall have the meanings
indicated:
Shall include any person, having no established or fixed place of
business in the town, selling or offering for sale tangible commodities where
delivery is made at the time of the sale. The word "peddler" shall include
the words "hawker" and "huckster."
Shall include the singular and the plural, and shall also mean and
include any person, firm or corporation, association, club, partnership, society
and bona fide charitable, service, religious and municipal organizations or
agencies.
It shall be unlawful for any person to engage in the business of peddler as defined in § 167-2 of this chapter within the limits of the Town of Topsham without first obtaining a permit and license therefor as provided herein.
A.
Applicants for licenses under this chapter must file
with the Town Clerk a sworn application in writing on a form to be furnished
by the Town Clerk which shall give the following information:
(1)
Name and description of the applicant.
(2)
Address (legal and local).
(3)
A brief description of the nature of the business and
the goods to be sold.
(4)
If employed, the name and address of the employer, together
with appropriate written evidence of the applicant's employment status.
(5)
The length of time for which the permit is desired.
(6)
If a vehicle is to be used, a description of the same,
together with license number or other means of identification.
(7)
A photograph of the applicant, taken within sixty (60)
days immediately prior to the date of filing of the application.
(8)
The names of at least two (2) reliable property owners
of the town who will certify as to the applicant's good character and
business responsibility or, in lieu of the names of references, any other
available evidence as to the good character and business responsibility of
the applicant as will enable an investigator to properly evaluate such character
and business responsibility.
(9)
A statement as to whether or not the applicant has been
convicted of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
(10)
Full description of the location peddling is to be carried
out of if within a stationary location and a letter of agreement from the
owner of record of the property that the applicant will be located on.
B.
At the time of filing the application a fee of twenty-five
dollars ($25.) for a resident and fifty dollars ($50.) for a nonresident shall
be paid to the Town Clerk to cover the cost of investigation and administration
of this chapter.
A.
Upon receipt of such application, the original shall
be referred to the Chief of Police or his designee, who shall cause such investigation
of the applicant's business and moral character to be made as he deems
necessary for the protection of the public good.
B.
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 on such application his disapproval and his reasons
for the same and return said application to the Town Clerk, who shall notify
the applicant that his application is disapproved and that no permit and license
will be issued.
C.
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 on the application his approval and return
said application to the Town Clerk, who shall, upon payment of the prescribed
license fee, deliver to the applicant his license. Such license shall contain
the signature and seal of the issuing officer and shall show the name, address
and photograph of said licensee, the kind of goods to be sold thereunder,
the date of issuance and the length of time the same shall be operative, as
well as the license number and other identifying description of any vehicle
used in such peddling. The Town Clerk shall keep a permanent record of all
licenses issued.
No license issued under the provisions of this chapter shall be used
at any time by any person other than the one to whom it was issued.
Peddlers are required to exhibit their licenses at the request of any
citizen.
A.
Permits and licenses issued under the provisions of this
chapter may be revoked by the Board of Selectmen 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 a peddler.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of peddling in an unlawful manner
or in such a manner as to constitute a menace to the health, safety or general
welfare of the public.
B.
Notice of the hearing for revocation of a license shall
be given in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, certified mail,
return receipt requested, postage prepaid, to the licensee at his last known
address at least five (5) days prior to the date set for hearing.
A.
Upon presentation of any and all verification required
to satisfy the Municipal Clerk as to the authenticity of the person, the fee
shall be waived for the following: bona fide charitable, service, religious
and municipal organizations or agencies.
B.
Though the fee is waived a license is still required
by all organizations or agencies before operation may begin.
Any person aggrieved by the action of the Chief of Police or the Town Clerk in the denial of an application for a permit or license or exemption from fee as provided in this chapter shall have the right of appeal to the Board of Selectmen. Such appeal shall be taken by filing with the Board of Selectmen, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Board of Selectmen shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 167-8 of this chapter for notice of hearing on revocation. The decision and order of the Board of Selectmen on such appeal shall be final and conclusive.
All licenses issued under the provisions of this chapter shall expire
three (3) months after the date of issuance.
