[HISTORY: Adopted by the Board of Selectmen
of the Town of Orange as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-9-1998]
It is found and declared that:
A.
The primary purpose of the public streets and sidewalks
in the Town of Orange is for use by vehicular and pedestrian traffic.
B.
Due to the nature of the Town of Orange, commercial
and business areas of the town have limited, if any, pedestrian traffic
and are not safe for pedestrian traffic.
C.
Vending on the public streets and highways of the
Town of Orange is generally inappropriate, however, subject to proper
controls, vending of goods, materials and merchandise during special
events and in prescribed locations promotes the public interest by
enhancing public interest and involvement.
D.
Reasonable regulation of the peddling, vending, selling
or offer for sale of goods upon any street, highway, sidewalk or public
place within the Town of Orange is necessary to protect the public
health, safety and welfare.
E.
The regulations contained in this article are not
intended to govern public auction sales, pursuant to Section 21-2
of the Connecticut General Statutes.
F.
The regulations contained in this article do not prohibit
pure speech by religious organizations but merely regulate the activities
of an organization which are commercial in nature.
It shall be unlawful, without first obtaining
a peddler's license from the Orange Chief of Police, for any person:
A.
To peddle, vend, sell or offer for sale any goods,
wares, merchandise, food and/or beverage items (hereinafter collectively
referred to as "goods") from house to house within the Town of Orange
(hereinafter "peddling" or "to peddle"); or
B.
To solicit, take or attempt to take orders for the
sale of such goods, including magazines and other printed matter,
for future delivery if full payment, whether by cash, check or credit
card, is required at the time of the solicitation of such goods, or
for services to be performed at the time without previous arrangement
with such person being solicited for such services.
It shall be unlawful, without first obtaining
a vendor's license from the Orange Chief of Police, for any person:
A.
To peddle, vend, sell or offer for sale any goods
at public or private sale upon any Town of Orange street, highway,
sidewalk, public place, state highway within the Town of Orange or
any land abutting such town and state streets or highways (hereinafter
"vending" or "to vend").
B.
To solicit, take or attempt to take orders for the
sale of such goods, including magazines and other printed matter,
for future delivery if full payment, whether by cash, check or credit
card, is required at the time of the solicitation of such goods, or
for services to be performed at that time without previous arrangement
with such persons being solicited for such services.
An applicant for a vendor's license or peddler's
license shall complete an application form provided by the Police
Department, which application shall contain the following information:
A.
The name, permanent home address, local address if
any and business address of the applicant.
B.
A physical description of the applicant including
age, height, weight, color of hair and eyes.
C.
Applicant's State of Connecticut Taxation Number.
D.
The name and address of the applicant's employer and
if applicable the name and address of the person for whom or through
whom orders are to be solicited, cleared or approved.
E.
The length of service of the applicant with said employer.
F.
The place of residence and nature of the employment
of the applicant during the last preceding year.
G.
A description of the goods to be peddled, vended,
sold, offered for sale or for which orders will be solicited, or of
the services to be performed by the applicant.
H.
Where applicable, the name and address of the manufacturer,
publisher, distributor or parent company of the goods to be peddled
or for which orders will be solicited.
I.
If the applicant shall solicit orders for future delivery,
the location of such goods at the time that said application is made
and the proposed method and estimated time of delivery.
J.
The make, model, color, identification number and
state marker number of the vehicle if any to be used by the applicant
in the performance of the vending or soliciting activities, whether
said vehicle be owned by said applicant, his or her employer or any
other person.
K.
Two prints of a full face photograph taken not more
than 30 days prior to the date of application of any person who will
be vending or peddling within the Town of Orange.
L.
An Application for a vendor's license shall indicate
the special event for which the vendor's license is sought.
M.
Proof of an insurance policy issued by an insurance
company licensed to do business in the State of Connecticut, protecting
the applicant and the Town of Orange from all claims for damages to
property and bodily injury, including death, which may arise from
operations under or in connection with the license in a single limit
amount of not less than $1,000,000. Such insurance shall name as an
additional insured, the Town of Orange, and shall provide that the
policy shall not terminate or be canceled prior to the expiration
date without 30 days advance, written notice to the Town of Orange.
N.
A statement as to whether the applicant has been convicted
of any offense, as defined in Section 53a-24 of the Connecticut General
Statutes, and, if so, the nature of the offense and the penalty imposed,
if any.
O.
The applicant's fingerprints to be taken by the Police
Department which will remain with said application for a period not
to exceed five years.
P.
If the goods to be vended or peddled are food, beverage,
or other consumable food products, then a copy of the license received
under the Town of Orange Ordinance Requiring Licensing of Places Dispensing
Food or Beverages Covered by the State Public Health Code (the "food
license").
At the time of submitting such application,
the applicant shall also show a valid motor vehicle operator's license
or other such identification satisfactory to the Police Department
and pay the sum of $25 to the Police Department as the fee for the
issuance of said vendor's license and/or the sum of $125 to the Police
Department as the fee for the issuance of a peddler's license. The
licensing fee under this section shall be waived for any veteran of
any branch of the armed services of the United States of America upon
presentation of a copy of the applicant's Honorable Discharge.
Upon compliance by the applicant with the provisions of §§ 302-4 and 302-5 hereof, the Chief of Police shall issue a vendor's license or peddler's license, as the case may be, to the applicant, which license shall set forth the name and address of the applicant and of his employer if any, the date of issuance of the license, the words "Licensed Vendor" or "Licensed Peddler," as the case may be and the nature of the goods to be sold or for which orders will be solicited, or the nature of the services to be performed as the case may be; provided however that the Chief of Police shall not be required to issue such license to any person who has been convicted of any violation of this article or of a crime as defined in Section 53a-24 of the Connecticut General Statutes.
Vending is prohibited within the Town of Orange
with the following exceptions:
A.
During special events or activities held or promoted
by the Town of Orange, or any of its boards, commissions, agencies
or duly appointed officials or committees, including the Memorial
Day Parade and the Annual Independence Day Celebration, but specifically
excluding the Orange Volunteer Fireman's Carnival and the Orange Country
Fair, or any event or activity where the Board of Selectmen specifically
votes to prohibit vending.
B.
Vending shall be authorized only within or adjacent
to the location of the special event and shall occur only within a
specific location or area which shall be designated by the Chief of
Police after consideration of the public health, safety and welfare
and specifically delineated on the license issued by the Chief of
Police.
Peddling is prohibited within the Town of Orange
with the following exceptions:
A.
Peddling shall occur only between the hours of 10:00
a.m. and 1/2 hour prior to sunset.
No vendor or peddler shall:
A.
Vend or peddle except as authorized under this article.
B.
Leave any stand or motor vehicle from which vending
or peddling occurs unattended.
C.
Store, park or leave any stand overnight on any street
or sidewalk or park any motor vehicle other than in a lawful parking
space.
D.
Sell food or beverages for immediate consumption unless
he has available for public use his own, or a public, litter receptacle
which is available for his patron's use.
E.
Leave any location without first picking up, removing
and disposing of all trash or refuse remaining from sales made by
the vendor or peddler.
F.
Solicit or conduct business with persons in motor
vehicles.
G.
Sell anything other than that which is authorized
under the license to vend or peddle.
H.
Sound or permit the sounding of any device which produces
a loud and raucous noise or use or operate any loud speaker, public
address system, radio sound amplifier or similar device to attract
the attention of the public.
No vendor or vending motor vehicle or peddler
using a motor vehicle to go door to door shall conduct his business
in such a way as would:
A.
Restrict or interfere with the ingress or egress of
the abutting property by the owner or tenant or create or become a
public nuisance, increase traffic congestion or delay, or constitute
a hazard to traffic, life or property or an obstruction to adequate
access to fire, police or sanitation vehicles.
B.
Stop, stand or park any vehicle upon any street or
permit it to remain there except on the roadway at the curb for purpose
of vending or peddling therefrom.
A.
The equipment used in vending food and beverages shall
be inspected upon application for a license by the Town Sanitarian
who shall issue a Food Service Establishment Inspection and Report
Form which shall be a condition precedent to the issuance of a license
under this article.
B.
Each business vending or peddling food or beverage
shall be inspected in accordance with the requirement of the Public
Health Code and the Town Ordinance requiring licensing of places serving
foods or beverages covered by the State Public Health Code.
A peddler's license issued pursuant to § 302-6 shall be nontransferable and shall entitle the licensee, for the period of one year from the date of issuance, unless revoked or suspended, to peddle, vend, sell or offer for sale or solicit orders for future delivery of the goods or to perform the services specified in the license application; provided that the license together with the food license, if applicable, shall be conspicuously displayed at the place where the activity for which the license was issued is undertaken.
A vendor's license issued pursuant to § 302-6 shall be non-transferable and shall entitle the licensee to vend or offer for sale or solicit orders for future delivery of the goods or to perform the services specified in the license application for the duration of and only during the hours of operation of the special event for which the license is issued provided that the license, together with the food license, if applicable, shall be conspicuously displayed at the place where the activity for which the license was issued is undertaken.
Any license may be denied, suspended or revoked
for any of the following reasons:
A.
Fraud or misrepresentation contained in the application
for the license.
B.
Fraud or misrepresentation made in the course of carrying
on the business of vending or peddling.
C.
Conduct of the licensed business in such a manner
as to create a public nuisance or constitute a danger to the public
health, safety, welfare or morals.
D.
Conduct which is contrary to or in violation of the
provisions of this article.
E.
Conviction of a crime as defined in Section 53a-24
of the Connecticut General Statutes.
This article shall not apply to the following:
A.
"Tag sales" conducted by Town of Orange residents
on their own premises;
B.
The display of goods by persons having established
places of business in the town on the sidewalks or areas adjacent
to their places of business if and as permitted by the zoning regulations
of the Town of Orange and other applicable laws;
C.
Sales by farmers and gardeners of the produce of their
farms and gardens;
D.
The sale, distribution and delivery of milk, teas,
coffees, spices, groceries, meats and bakery goods;
E.
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;
F.
Sales by sales persons selling foods to retail or
wholesale stores for resale;
G.
Sales of goods in the manner and in the places described in §§ 302-1 and 302-2 hereof on behalf of an organization, society or association for charitable, religious, patriotic, philanthropic or town purposes or if authorized by the Board of Selectmen licensees or contractors of such an organization, society or association for such purposes.
H.
Sales pursuant to auctions under Section 21-2 of the
Connecticut General Statutes.
It shall be unlawful to make any false statement
for the purpose of obtaining a vendor's license. Any person who violates
any provision of this article shall be subject to arrest and prosecution
by the proper authorities and may be fined $100 for each offense,
with an additional $100 per day for each day that the violation continues.
Upon conviction of a violation of this article, a licensee shall deliver
his vendor's license or peddler's license to the Chief of Police who
shall revoke said license and such person shall not thereafter be
entitled to engage in the activities for which a vendor's license
or peddler's license is required by this article without obtaining
a new vendor's license or peddler's license pursuant to the applicable
provisions of this article.
