[HISTORY: Adopted by the Town Council of the Town of Farmington 4-22-1958
by Ord. No. 33. Amendments noted where applicable.]
No person, except as hereinafter stated, shall sell, offer for sale
or solicit orders for any goods, wares or merchandise within the Town of Farmington
without a license issued by the Chief of Police upon the filing of an application
as hereafter provided.
This chapter shall not apply to the following:
A.
Sales by farmers and gardeners of the produce of their
farms and gardens, the sale, distribution and delivery of milk, teas, coffees,
spices, groceries, meats and bakery goods, newspapers, sales on approval,
conditional sales of merchandise and any other persons or sales which may
be exempt from such regulation by the General Statutes.
B.
Sales by persons having an established place of business
in the Town of Farmington.
C.
Sales to dealers and business establishments.
D.
Sales for the benefit of a charitable organization located
in Farmington or a charitable organization approved by the State Welfare Department.
E.
Sales by persons for their own account who are residents
of the Town of Farmington and who have not attained 16 years of age.
The application for such a license shall be made to the Chief of Police,
in writing, and shall contain the following information:
A.
The name and description of the applicant; if a partnership,
the names of all partners; if a corporation, club or association, the names
of officers.
B.
The permanent home address and full local address of
the applicant.
C.
If employed, the name and address of the employer.
D.
If a vehicle is to be used, a description of the same,
together with the license number or other means of identification.
E.
A brief description of the nature of the business and
the goods to be sold.
[Added 3-13-2007]
Prior to the issuance of such license(s), each applicant and all persons
registered as helpers shall undergo a Farmington Police and Connecticut State
Police Records Check (SPRC).
[Added 3-13-2007]
In the event any such license is denied by the Chief of Police, the
applicant may appeal by making a written request for a hearing before the
Town Manager within fourteen days of such denial.
[Amended 5-24-1977]
The license fees per year shall be as determined from time to time by
the Town Council. Each person helping or assisting in the sale, offering items
for sale or soliciting orders shall be individually licensed and shall pay
the license fee determined by the Town Council. Licenses shall expire on the
30th day of June each year.
The Chief of Police shall issue to such persons as shall qualify under
this chapter a card or button bearing the name and address of the licensee,
the name and address of his employer, if any, and the expiration date of the
license, signed by the Chief of Police.
No license issued under the provisions of this chapter shall be used
at any time by any person other than the one to whom issued.
It shall be the duty of the Chief of Police to keep a record of all
licenses issued under the provisions of this chapter and a detailed account
of all receipts for such licenses, which receipts shall be turned over monthly
to the Town Treasurer.
A peddler or solicitor using a vehicle shall have no exclusive right
to any location on public streets or public property, shall not be permitted
any stationary location therein and shall not be permitted to operate in any
congested area or any area where his operations might impede or inconvenience
the public. For the purpose of this chapter, the judgment of a police officer,
exercised in good faith, shall be deemed conclusive as to whether the area
is congested or the public impeded or inconvenienced.
Peddlers and solicitors are required to exhibit their licenses at the
request of any citizen.
It shall be the duty of any police officer of the Town to require any
peddler or solicitor who is not known by such officer to be duly licensed
to produce his license and to enforce the provisions of this chapter against
any person found to be violating the same.
Calls at the dwelling of any person for sale or solicitation by any
licensee between the hours of 6:00 p.m. and 8:00 a.m. are prohibited, except
by appointment.
A.
Any license may be suspended by the Chief of Police without
hearing and revoked by him 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 the business.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude subsequent to the issuance of the license.
(5)
Conducting the business in an unlawful manner or in such
a manner as to constitute a breach of the peace or to constitute a menace
to the health, safety or general welfare of the public.
B.
Notice of such suspension and of the hearing on the revocation
of the license shall be given together, in writing, setting forth specifically
the grounds for suspension and the time and place of hearing before the Town
Manager. Such notice shall be mailed by certified mail, return receipt requested,
to the licensee at his last known address at the time the license is suspended,
and the date fixed for the hearing shall be not less than five days nor more
than 10 days after the mailing of the notice.
[Amended 7-28-1992]
All licenses issued under the provisions of this chapter shall expire
on the 30th day of June after the date of issue.
[Amended 7-28-1992]
Any person violating any of the provisions of this chapter shall, upon
conviction thereof, be punished by a fine not to exceed $100.
[Added 3-28-1995]
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 91 of the Farmington Code shall be followed.
