City of West Haven, CT Chapter 174 Peddling and Soliciting

[HISTORY: Adopted by the City Council of the City of West Haven 4-13-1964 by Ord. No. 32. Section 174-3A(3) amended and § 174-3C added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Sale of flammable liquids — See Ch. 162, Art. II.

Spray paint — See Ch. 166.

Toxic solvents — See Ch. 199.

Space heaters — See Ch. 202.

§ 174-1 Registration required.

It shall be unlawful for any person over 16 years of age to solicit orders of purchase for future delivery of any goods, wares or merchandise, including magazines and other printed matter, from door to door or on any street or highway within or by telephone from and within the City of West Haven without first registering with the Police Department of the City of West Haven and having his credentials stamped as provided in §§ 174-3 and 174-4 hereof.

§ 174-2 Entrance onto privately policed areas.

Registration shall not constitute a permit to enter privately policed areas.

§ 174-3 Application requirements.

A. An applicant for permission to solicit orders hereunder shall complete an application blank provided by such Police Department, which application blank shall contain the following information:

(1) The name, home address and local address, if any, of the applicant.

(2) A physical description of the applicant, setting forth the applicant's age, height, weight, color of hair and eyes.

(3) The name, address and state tax identification number of the person, firm or corporation for whom or through whom orders are to be solicited or cleared.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

(4) The nature of the goods, wares or merchandise for which orders are to be solicited.

(5) A statement as to whether the applicant has been arrested or convicted of any crime or misdemeanor and, if so, what.

(6) A statement as to the period during which the applicant intends to solicit orders.

B. The applicant, at the time of executing such application blank, shall also submit identification satisfactory to the Police Department which shall contain a specimen of the applicant's signature and fingerprints.

C. The applicant shall submit, along with the above-listed application and identification, a licensing fee of $50 and also shall post a performance bond in the amount of $1,000, said bond being returned after one year from the date of posting.[2]

[2] Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 174-4 Stamping of credentials.

Upon compliance by the applicant with the provisions of § 174-3 hereof, the Police Department shall thereupon stamp the credentials of the applicant, which credentials shall set forth the name and address of the applicant and of his employer, if any, the nature of the goods, wares or merchandise for which orders are to be solicited and the period during which the applicant may solicit orders, which shall not exceed one year; provided, however, that the Police Department shall not be required to grant such permission to any person who shall have been convicted of any crime or misdemeanor involving moral turpitude or of any violation of this chapter.

§ 174-5 Transferability of credentials; exhibition upon request.

Stamped credentials shall be nontransferable and shall entitle the holder thereof, for the period indicated therein, unless revoked, to solicit orders within the City of West Haven between the hours of 8:00 a.m. and 6:00 p.m. for the purchase of the goods, wares or merchandise specified in his application, provided that the holder shall have his stamped credentials in his possession at all times while soliciting orders and shall exhibit the same at any time upon request by any police officer of the City of West Haven or any purchaser or prospective purchaser.

§ 174-6 Regulations.

Any person soliciting within the City of West Haven, whether or not required to register under the provisions of this chapter, shall conform to the following regulations:

A. The solicitor shall conduct himself at all times in an orderly and lawful manner.

B. The solicitor shall give a written receipt for all orders taken within the City of West Haven, 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 the down payment received by the solicitor from the purchaser.

§ 174-7 Penalties for offenses; cancellation of credentials.

A. Any person violating any of the provisions of this chapter by making any false statements or misrepresentations in fact for the purpose of obtaining permission to solicit orders shall, upon conviction thereof and in addition to other penalties provided by law, be subject to a fine not to exceed $25, each solicitation or sale being deemed a separate offense, and, pending trial therefor, the Police Department may suspend such permission to solicit.

B. Upon any registered person being convicted of any crime or misdemeanor under this chapter or involving moral turpitude, the stamped credentials of such person shall be delivered to the Police Department, and said Department stamp thereon shall be canceled, and such person shall not thereafter solicit orders in the city without reregistering.

§ 174-8 Exception.

This chapter shall not apply to salesmen selling goods to retail or wholesale stores for resale. Any person who has or has had for the preceding 12 months a regular place of business within the City of West Haven and any person employed by or soliciting for any person, firm or corporation that has and has had for the preceding 12 months a regular place of business within the City of West Haven shall not be required to register before soliciting orders, but all other provisions of this chapter shall apply to such persons.