[HISTORY: Adopted by the Town of Marlborough 10-5-2011 (§ A.7 of the Town Code). 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 Marlborough without a license (hereinafter referred to as the "peddling license") issued by the Town Clerk's office upon the filing of an application as hereafter provided.
The following activity shall not require a peddling license:
A. 
Sales by farmers and gardeners of the produce of their farms and gardens, the sale, distribution and delivery of milk, teas, coffees, water, 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 Marlborough.
C. 
Sales to dealers and business establishments.
D. 
Sales for the benefit of a charitable organization located in Marlborough; a regional or charitable organization that, though not located within Marlborough, provides services to residents of Marlborough (e.g., the Andover Hebron Marlborough Youth and Family Services organization, etc.); or a charitable organization approved by the state.
E. 
Sales by persons for their own account who are residents of the Town of Marlborough and who have not attained 16 years of age.
F. 
An activity otherwise exempted by law.
The application for a peddling license shall be filed with the Town Clerk's office, in writing, and shall contain the following information:
A. 
The full name and description of the applicant; if a partnership, the names of all partners; if a corporation, club or association, the name of agent, officers and directors.
B. 
The permanent home address and business address of the applicant.
C. 
The full and legal name and address of the applicant's employer.
D. 
If a vehicle is to be used in relation to the peddling license, a description of the same, together with the license or other registration number or other similar means of identification.
E. 
A description of the nature of the business and any goods to be sold.
F. 
A sample copy of all of the materials which the applicant intends to provide to potential customers shall be provided with the application.
G. 
A certificate of insurance for each policy applicable to the business that is subject of the application, including, but not limited to, general liability and workers' compensation insurance.
Prior to the issuance of such peddling license, each applicant and all persons registered as helpers shall undergo a Connecticut State Police Records Check (SPRC) and submit the results of the same to the Town Clerk's office.
The Town Clerk shall issue the license or provide written notice of the denial of the same within 30 days of receipt of the completed application or the submission of the results of the aforesaid background check, whichever date is later.
In the event any such license is denied by the Town Clerk's office, the applicant may appeal by making a written request within five days of such denial for a hearing before the Board of Selectmen at the next regularly scheduled meeting or a special meeting called for this purpose within 30 days of the denial.
The peddling license fee shall be $100 per year. 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. All such peddling licenses shall expire on the 31st day of December following the date of issuance.
The Town Clerk shall issue to such persons as shall qualify 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 Town Clerk's office.
No peddler's license shall be used at any time by any person other than the one to whom it was issued.
It shall be the duty of the Town Clerk's office to keep a record of all peddling licenses 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 or Town official, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
Each individual holding a peddler's license must present his peddling license upon his arrival at the property of any potential customer and upon the request by any individual.
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 with the owner or tenant of the property.
A. 
Any license may be suspended by the First Selectman without hearing and/or revoked after notice and hearing for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for a 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/or revocation shall be given, in writing, setting forth the grounds for suspension and/or revocation. Such notice shall be mailed by certified mail, return receipt requested, to the licensee at the address provided by said licensee in his most recent submitted application or his last known address at the time the license is suspended. The licensee, if he wishes to challenge the revocation of his peddling license, must request a hearing before the Board of Selectmen by forwarding such a request, in writing, to the Board of Selectmen within five days of the date of the notice of suspension/revocation. If the licensee fails to timely request a hearing, the suspension and/or revocation shall be final without any further notice to the licensee. If a hearing is timely requested, the date fixed for the hearing shall be not less than five days nor more than 10 days after the receipt of the licensee's request for a hearing.
All peddling licenses shall expire on the 31st day of December following the date of issuance.
A. 
Any person violating any of the provisions of this chapter, including, but not limited to, the sale, offering for sale or solicitation of orders for sale without a valid peddling license, shall be punished by a fine not to exceed $199.
B. 
This section shall be enforced by citations issued by designated municipal officers or employees and a citation hearing procedure authorized by § 7-152c of the Connecticut General Statutes.