Peddling and Soliciting

Chapter 116, Peddling and Soliciting

ARTICLE I, License

No person, except as hereinafter stated, shall sell, offer for sale or solicit orders for any goods, wares or merchandise within the town without a license issued by the Chief of Police upon the filing of an application as provided herein.

All licenses issued under the provisions of this Article shall expire on the 30th day of June after the date of issue.

1. Application. The application for such a license shall be made to the Chief of Police, in writing, and shall contain the following information:
   1. The name and description of the applicant; if a partnership, the names of all partners; if a corporation, club or association, the names of officers.
   2. The permanent home address and full local address of the applicant.
   3. A brief description of the nature of the business and the goods to be sold.
   4. If employed, the name and address of the employer.
   5. If a vehicle is to be used, a description of the same, together with the license number or other means of identification.
2. Fees. The license fees shall be as follows: $100 per year for each person licensed, per year. Each helper or assistant to the person licensed must himself procure a license. "Year" means the fiscal year ending June 30 of each year or any part thereof.
3. Waiver of fees. The payment of a fee by any applicant who has not attained eighteen (18) years of age at the time the license is issued shall be waived, provided that the license is used for some charitable, nonprofit or educational purpose or primarily for some purpose other than income or profit.

No license, license plate or lapel button issued under the provisions of this Article shall be used at any time by any person other than the one to whom issued.

1. Plate and button. Each vehicle used by the licensee shall display on both sides a plate designed and furnished by the Chief of Police bearing the number of the license, the expiration date of the license and the words "Licensed Vendor." Each licensee shall wear a lapel button designed and furnished by the Chief of Police.
2. Exhibit of license. Peddlers and solicitors are required to exhibit their licenses at the request of any citizen.

1. Causes. Any license may be suspended by the Chief of Police without hearing and revoked by him after notice and hearing for any of the following causes:
   1. Fraud, misrepresentation or false statement contained in the application for 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 peace or to constitute a menace to the health, safety or general welfare of the public.
2. Notice of suspension and hearing. Notice of such suspension and of the hearing on the revocation of the license shall be given together, in writing, setting forth specifically the grounds for suspension and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at the time the license is suspended, and the date fixed for the hearing shall not be less than five (5) days nor more than ten (10) days after the mailing of the notice.

It shall be the duty of the Chief of Police to keep a record of all licenses issued under the provisions of this Article and a detailed account of all receipts for such licenses, which receipts shall be turned over monthly to the Town Treasurer.

ARTICLE II, General Selling Provisions

The selling or offering for sale of any goods, wares or merchandise by any peddler within the town shall raise a presumption that said goods, wares or merchandise are subjects of intrastate commerce.

This chapter shall not apply to the following:

1. Sales by farmers and gardeners of the produce of their farms and gardens or the sale, distribution and delivery of milk, teas, coffees, 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.
2. Sales by persons having an established place of business in the town.
3. Sales to dealers and business establishments.
4. Sales for the benefit of a charitable organization located in the town.
5. Sales by persons for their own account who are residents of the town and who have not attained sixteen (16) years of age.
6. Sales by persons pursuant to a permit authorized by the proper town authority.

No licensee shall shout, blow a horn, ring a bell or use any sound device for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.

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 operation might impede or inconvenience the public. For the purpose of this Article the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

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. is prohibited except by appointment.

[Amended 8-15-2005] 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 73, Article I, of the Code of the Town of Wethersfield shall be followed.