[HISTORY: Adopted by the Town of Canton 6-13-2003 by Ord. No.
221. Amendments noted where applicable.]
The purpose of this chapter is to define, regulate,
and license peddlers and solicitors and protect the safety of the
inhabitants of the Town of Canton by regulating and licensing peddlers
and solicitors pursuant to §§ 21-37 and 7-148 of the
General Statutes.
As used in this chapter, the following words
and phrases shall have the meanings indicated:
Any person, other than a person having an established place
of business within the Town of Canton, who shall sell, vend, hawk,
or peddle any articles of food, goods, wares, or merchandise:
Any person, other than a person having an established place
of business within the Town of Canton, who shall solicit orders of
purchase for future delivery or installation of any goods, wares,
merchandise, or services.
No person shall carry on the business of a peddler
or solicitor within the Town of Canton at the residence of any person
between 7:00 p.m. or 1/2 hour after sunset, whichever is earlier,
and 8:00 a.m., unless it is by appointment or invitation.
No person, unless exempted under § 328-5, shall carry on the business of a peddler or solicitor within the Town of Canton without first obtaining a license after the filing of an application. If more than one individual is employed in the conduct of a peddling or soliciting enterprise, each peddler or solicitor shall require a separate peddler's or solicitor's license. No license issued under this chapter shall be used at any time by any person other than the one to whom it was issued.
Section 328-4 of this chapter shall not apply to:
A.
Sales by farmers and gardeners of the produce of their
farms, gardens, and greenhouses, including fruit, vegetables, and
flowers.
B.
The sale or taking orders for sale, distribution,
and delivery of milk, teas, coffees, spices, groceries, meats, bakery
goods, and newspapers.
C.
Sales on approval, conditional sales of merchandise,
or the taking of orders for merchandise for future delivery when full
payment is not required at the time of solicitation.
D.
Peddlers or solicitors making all visits upon invitation
of the homeowner.
E.
Peddlers or solicitors making regular visits to serve
business establishments.
F.
Peddlers or solicitors engaged in the business of
insurance or real estate.
G.
Peddlers or solicitors who derive no profit from their
efforts and who are representatives or agents of nonprofit organizations.
H.
Pupils in the Canton school system peddling or soliciting
in connection with a fund-raising project approved by the Board of
Education or a parent-teacher organization or the principal of the
school in which they are pupils.
A.
Any peddler or solicitor required to obtain a license pursuant to § 328-4 shall follow the application procedure in this section. The First Selectman or the Chief of Police, acting as the First Selectman's agent, is hereby authorized to issue a peddler's or a solicitor's license, provided that the applicant submits a sworn application on a form furnished by the First Selectman, which form shall give the following information:
(1)
Name, permanent home address, and local address, if
any;
(2)
The address of his or her principal place of business;
(3)
Physical description of the applicant, including age,
height, weight, and color of hair and eyes;
(4)
If employed, the name and address of the employer;
(5)
State tax identification number;
(6)
If a vehicle is used, a description of the same, together
with the license number or other means of identification;
(7)
Photo identification satisfactory to the First Selectman,
Chief of Police, or their agent, which shall contain a specimen of
the applicant's signature;
(8)
The nature of the goods, wares, or merchandise to
be sold or for which orders are to be taken;
(9)
A list of all arrests of the applicant within the
last five years;
(11)
If the applicant or his or her employer is from
out of state, the applicant shall submit a certificate from the Secretary
of State providing that the entity is qualified to conduct business
in the State of Connecticut;
(12)
In order to peddle food or beverages, the applicant
shall submit a copy of a valid food permit from the Farmington Valley
Health District (FVHD) or a letter from the FVHD stating that a food
permit is not required; and
(13)
In order to conduct business from a stationary
location on private property, the applicant must submit an approved
certificate of zoning compliance from the Zoning Enforcement Officer.
No license shall be issued for vending or hawking from a fixed location
on private property unless all necessary land use approvals have been
granted.
B.
The signature on the application shall be witnessed
by the First Selectman, Chief of Police, or their agent.
[Amended 12-14-2011]
Peddlers who meet the requirement of this section shall not have to pay the fee required by § 328-7. There is no fee exemption for solicitors. Issuance of a license to an applicant claiming this exemption may be deferred for a period not exceeding seven days for the purpose of investigation. The applicant must meet the following requirements:
A.
The applicant is a resident of this state who has
resided within the state for a period of two years preceding the date
of application for such license; and
B.
The applicant is a veteran who served in a time of
war as defined by § 27-103 of the General Statutes. The
applicant must produce for inspection his or her certificate of honorable
discharge or discharge from the service or a copy thereof certified
by the Town Clerk from the records of the town where such certificate
of discharge is recorded as provided by § 12-93 of the General
Statutes, together with a certificate from the Town Clerk that the
applicant is a resident of the state.
Each person licensed and pursuing the act of
peddling or soliciting shall have the license furnished by the First
Selectman or Chief of Police on display and clearly visible on his
or her person at all times and shall offer said license for closer
examination upon request by any purchaser or prospective purchaser.
The First Selectman or Chief of Police shall
keep a record of all licenses granted under the provisions of this
chapter in a book provided for that purpose, giving the number and
date of all licenses, the name, residence, and physical description
of the persons licensed, the amount of license fee paid, and also
the dates of revocation of any license revoked as hereafter provided.
No person shall be eligible for a license under
this chapter if:
The following actions are prohibited:
A.
No peddler shall sell any food or beverage within
1,000 feet of any school grounds on days school is session during
the period commencing 1/2 hour before school is in session and ending
1/2 hour after the session terminates;
B.
No solicitor shall solicit orders within 1,000 feet
of any school grounds on days school is session during the period
commencing 1/2 hour before school is in session and ending 1/2 hour
after the session terminates;
C.
No peddler shall hawk or vend any articles of food,
goods, wares, or merchandise from a permanent, temporary, or stationary
stand, tent, vehicle, or cart within the right-of-way of any Town
or state road or highway; and
D.
No peddler or solicitor shall conduct the business
of peddling or soliciting in an unlawful manner, or in such a manner
as to constitute a breach of the peace, or in a manner that impedes
the health, safety, or general welfare of the public.
All solicitors shall give a written receipt
for all orders taken within the Town of Canton, which receipt shall
be signed by the solicitor and shall set forth a brief description
of the goods, wares, or merchandise ordered, the total purchase price
thereof, and the amount of any payment received by the solicitor from
the purchaser.
All peddlers or solicitors who are required
to be licensed shall be in compliance with all applicable federal,
state, and local laws, rules, regulations, and ordinances.
A.
Any person who violates or fails to comply with the
provisions of this chapter shall be subject to the following penalties
and fines:
[Amended 12-14-2011]
B.
Any and all remedies which the Town has in enforcing
this chapter, at law or in equity, shall be cumulative, and two or
more or all of such remedies may be exercised at the same time.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Chief of Police after reasonable investigation
for any of the following causes:
(1)
Fraud, misrepresentation, or false statement contained
in the application for license;
(2)
A proven citizen complaint of fraud, misrepresentation,
or false statement made in the course of carrying on his business
as a peddler or solicitor;
(3)
Any violation of this chapter;
(4)
Conviction of any crime or misdemeanor involving moral
turpitude; or
B.
Notice of the revocation of a license shall be given
in writing, specifically setting forth the grounds for revocation.
Such notice shall be mailed, postage prepaid, to the licensee at his
or her last known address as given in his or her application for a
license. The licensee may appeal the decision to revoke a license
to the Board of Selectmen, which after notice and a hearing may overturn
such decision by majority vote of the Selectmen. If a person has a
license revoked, no new license shall be issued to that person for
one year from the day said license is revoked.
This chapter has been specifically designated for enforcement by citations issued by designated municipal officers or employees, and the citation hearing procedure established by Chapter 15, Citations, of this Code shall be followed.
