[HISTORY: Adopted by the Town of Woodbury as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-26-1973; amended in its entirety 10-30-1980 (Ch. 7, Art. IV, of the Town Code)]
No person, as principal, agent or employee, who is not exempt under § 186-2, shall sell, offer for sale, or solicit or canvass orders for the sale, of any goods, wares or other merchandise, including contracts for publications or services, by house-to-house solicitation, within the Town, unless such person shall first obtain a license from the Chief of Police.
This article shall not apply to persons individually licensed or exempted from licensing under statutes of the state, or to the sale, distribution and delivery of food products, or to sales by anyone on behalf of a bona fide church, school, civic or nonprofit organization, or to deliveries by newsboys on established routes, or to sales transactions exempt under the statutes of the state.
Data required. Any person, not so exempted, required to obtain a license for house-to-house solicitation within the Town shall file a sworn written application in duplicate with the office of the police, which must contain or be accompanied by the following data:
Name and description of applicant, with permanent home address and local address, if any;
A description of the nature of the business and the goods to be sold;
If employed, name and address of the employer, together with credentials establishing the exact relationship;
The length of time for which the right to do solicitation is desired, not to exceed, in any event, a period of 12 months;
The proposed method of contacting homeowners prior to initiating solicitation;
The place from which ordered goods are to be delivered;
The proposed method of delivery;
A copy of any and all brochures, order or contract forms, or other material to be used in connection with the solicitation;
A two-inch square photograph of the applicant taken within 60 days;
The names of at least two property owners of the Town who will certify to the applicant's good character and business responsibility, or in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant, as will enable verification of such character and business responsibility;
The towns or locations, within or without the state, if any, where the applicant has conducted such solicitations prior to coming to the Town;
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense, and the penalty assessed therefor; and
An agreement to comply with the provisions of this article.
Upon receipt by the office of the police of the original application, the police will obtain the fingerprints of the applicant and will have 30 days within which to determine whether any reason exists for denial of the requested license. In making such evaluation, the determination of qualification shall be governed by the following standards (as applied to the applicant, his principal or employer, or, if there is more than one applicant representing the same employer, as part of a group solicitation, to all applicant members of that group):
Veracity of statements in the application;
Financial solvency; compliance with disclosure and recision laws;
Prior claims of fraudulent practices, misrepresentations, trespass, breach of the peace, or other unlawful conduct, or intimidating tactics, in the course of making home solicitations; or
Any similar information which indicates that the applicant lacks the moral or business character to be permitted to conduct home solicitations.
Upon conclusion of the evaluation, the application shall be returned to the Chief of Police, endorsed for approval or denial, and he shall act on the application accordingly. Any failure to report back to the Chief of Police within such thirty-day period shall be deemed an approval of the application and the license shall forthwith issue.
Each license issued under this article shall contain:
In addition, there shall be issued with the license a badge setting forth the word "salesman," followed by an identification of the product line to be sold, an expiration date and a badge number.
Each licensee shall agree as a condition of the issuance and continuation of his license (which agreement shall be contained in the application form) that:
He shall exhibit his license upon request of any citizen;
Upon making any home solicitation, he shall wear the badge issued with the license conspicuously on his outer garment;
He will immediately identify himself and the product being sold at each home before making any other statements to the homeowner;
If requested by the homeowner to leave the premises at that time, or at any subsequent time during the course of solicitation, he will do so immediately; and
He will not conduct any home solicitations between the hours of 6:00 p.m. and 9:00 a.m., or on Sundays or holidays.
Any license granted under this article may be summarily suspended for a period of 72 hours, excluding Sundays and holidays, upon receipt by the police force of the Town of information as to prior conduct, which if known at the time of the application would have been grounds for its denial under the standards set forth in § 186-3B, or on a sworn complaint by any citizen that the licensee has failed to comply with the conditions of this article, or has engaged in claimed fraudulent practices, misrepresentations, trespass, breach of the peace, or other unlawful practices, or intimidating conduct, in connection with making solicitations pursuant to the granted license. Upon such suspension, the applicant shall be so notified, and his badge and license shall be returned to the office of the police and, at the same time, the applicant shall be given a date for a hearing by the Board of Selectmen as provided in § 186-7, not later than 30 days from the time of notice of said suspension. In the event the Board of Selectmen fails to provide a hearing within said 30 days, the license shall be reinstated for its original term.
Upon any denial or suspension of a license under this article, the Board of Selectmen, within 30 days of such denial or suspension, shall hold a hearing in connection therewith, and notice of said hearing shall be given to the applicant or licensee. At said hearing, the Board of Selectmen shall determine whether, applying the standards set forth in this article, the reasons given for denial or suspension of the license are sufficient in fact to affirm such denial or suspension. The Board of Selectmen's finding on this fact shall determine whether the license should continue to be denied or should issue, or whether the suspended license should be reinstated or permanently revoked.
Any person not exempt from this article, under § 186-2 hereof, who shall conduct home solicitations without a license, or while such license has been suspended, shall be guilty of a misdemeanor punishable by a fine of not more than $250 for each offense.
[Adopted 3-10-1958 (Ch. 7, Art. V, of the Town Code)]
As used in this article, the following terms shall have the meanings indicated:
- Any person, whether as principal or agent, who shall go from place to place in the Town selling or bartering, or carrying for sale or barter, or exposing therefor, any goods, wares or merchandise, either on foot or from any animal or vehicle.
No person, except those exempted by the statutes of the state or by this article, shall sell upon the public highways of the Town any goods, wares or other merchandise at public or private sale or auction, or sell or peddle such articles from house-to-house within the Town unless such person shall first obtain a license from the Board.
Each peddler shall pay as a fee for a license the sum of $25 per year for each team or vehicle used by him in connection with such selling or peddling.
Any peddler so licensed shall engage in his business within the Town only on days other than Sundays and holidays, and he shall carry on his person at all times while engaging in such peddling or selling the license issued to him and shall display the same upon the request of any prospective purchaser.
This article shall not apply to sales by farmers and gardeners of the produce of their farms and gardens or to the sale, distribution and delivery of milk, tea, coffee, spices, groceries, meats and bakery goods, to sales on approval or to conditional sales of merchandise, nor shall this article apply to sales by anyone on behalf of any church or school, Boy Scout or Girl Scout Association, 4-H Club, American Legion, or any other civic or non-profit-making organization, nor shall this article apply to the sale of newspapers.
Any person violating any provision of this article shall be fined not more than $50 for each offense.