[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:
Sales by farmers and gardeners of the produce of their farms, gardens, and greenhouses, including fruit, vegetables, and flowers.
The sale or taking orders for sale, distribution, and delivery of milk, teas, coffees, spices, groceries, meats, bakery goods, and newspapers.
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.
Peddlers or solicitors making all visits upon invitation of the homeowner.
Peddlers or solicitors making regular visits to serve business establishments.
Peddlers or solicitors engaged in the business of insurance or real estate.
Peddlers or solicitors who derive no profit from their efforts and who are representatives or agents of nonprofit organizations.
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.
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:
Name, permanent home address, and local address, if any;
The address of his or her principal place of business;
Physical description of the applicant, including age, height, weight, and color of hair and eyes;
If employed, the name and address of the employer;
State tax identification number;
If a vehicle is used, a description of the same, together with the license number or other means of identification;
Photo identification satisfactory to the First Selectman, Chief of Police, or their agent, which shall contain a specimen of the applicant's signature;
The nature of the goods, wares, or merchandise to be sold or for which orders are to be taken;
A list of all arrests of the applicant within the last five years;
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;
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
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.
The signature on the application shall be witnessed by the First Selectman, Chief of Police, or their agent.
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:
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
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:
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;
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;
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
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.
Any person who violates or fails to comply with the provisions of this chapter shall be subject to the following penalties and fines:
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.
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:
Fraud, misrepresentation, or false statement contained in the application for license;
A proven citizen complaint of fraud, misrepresentation, or false statement made in the course of carrying on his business as a peddler or solicitor;
Any violation of this chapter;
Conviction of any crime or misdemeanor involving moral turpitude; or
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.