Guilford Holding Public Hearing on Peddling and Soliciting Ordinance Amendment

GUILFORD, CT - The Board of Selectmen public hearing on "An Ordinance to Amend the Code of the Town of Guilford - Chapter 218 Peddling and Soliciting" is tonight, 7:30 p.m. at the Community Center.

Also at tonight's special meeting the board will be discussing the State Street sidewalk extension project.

For more information on the Peddling and Soliciting ordinance see below:

Chapter 218, PEDDLING AND SOLICITING

[HISTORY: Adopted by the Town of Guilford as follows: Art. I, 2-14-1952 by the Special Town Meeting; Art. I, 7-8-1965 by the Special Town Meeting; to be amended in its entirety _________2016. Amendments noted where applicable.]

§ 218-1. Purpose.

The purpose of this Chapter is to promote greater public safety and welfare in the Town.

§ 218-2. Definitions.

1. “Hawker” or “Peddler”- Any person, whether principal or agent, who goes from town to town or from place to place or house to house in the same town selling or bartering, or carrying for sale or barter, any goods, food, wares or merchandise, either on foot, push cart or from any vehicle, including a mobile food service establishment (hereinafter referred interchangeably as “vendor,” “hawker,” or “peddler.”)
2. “Solicitor”-Anyperson,whetherprincipaloragent,whogoesfromtowntotown or from place to place or house to house in the same town for the purpose of taking or attempting to take orders for the sale of goods, food, wares or merchandise, including periodical subscriptions, for future delivery or for services to be performed in the future, either on foot or from any vehicle. The term Solicitor shall also include any person who requests, place to place or house to house, directly or indirectly for money, credit, property, financial assistance or other thing of any kind or value on the plea or representation that such money, credit, property, financial assistance or other thing of any kind or value is to be used for a charitable purpose or benefit a charitable organization, as more fully described in Section 21a-190a of the Connecticut General Statutes. Telephonic sales solicitations shall be governed by the Connecticut General Statutes.

§ 218-3. License required.

No person shall solicit, hawk or peddle, as those terms are defined in Section 218-2, in the Town of Guilford, without a license issued by the Guilford Police Department, upon the filing of an application as hereafter provided.

§ 218-4. Exceptions.

A. As mandated by Section 21-37 of the Connecticut General Statutes, the license requirement of Section 218-3 shall not apply to sales by farmers and gardeners of the produce of their farms, gardens and greenhouses, including fruit, vegetables and flowers, or to the sale, distributions and delivery of milk, teas, coffees, spices, groceries, meats and bakery goods, to sales on approval, to conditional sales of merchandise, or to the taking of orders for merchandise for future delivery when full payment is not required at the time of solicitation; and

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B. Any person under sixteen(16)years of age.

§ 218-5. Application for license.

The hawker, peddler or solicitor shall make application to the Chief of Police or his/her designee, for a license at least five (5) days prior to the date of his/her contemplated peddling or soliciting activities. A separate license shall be required for each peddler, solicitor or hawker, provided that only one license shall be required for (i) each peddler vehicle, push cart or mobile food service establishment; and (ii) each charitable organization, as defined in section 21a-190a (1) of the Connecticut General Statutes, regardless of the number of persons working for the vehicle or mobile food service establishment or charitable organization, as applicable.

1. The license application for peddlers, hawkers and solicitors shall be on a form available at the Police Department and shall include the following information:
   1. Name and permanent address of applicant and each person who conducts peddling or soliciting activities associated with any push cart, vehicle or mobile food service establishment;
   2. Social security number and driver’s license number of the applicant and each person who conducts peddling or soliciting activities associated with any push cart, vehicle or mobile food service establishment;
   3. Type of vending operation to be conducted (i.e. push cart, motor vehicle, other), as applicable;
   4. Type of product to be sold (i.e. food, beverages, novelties, other), as applicable;
   5. Statement as to whether the applicant, and each person who conducts peddling or soliciting activities associated with any push cart, vehicle or mobile food service establishment, has ever been convicted of a crime or misdemeanor involving moral turpitude. A criminal record check may be completed by the Guilford Police Department for each person conducting vending or soliciting activities; and
   6. If the application is for a temporary license, the desired date of commencement.
2. The Police Department may request the applicant to submit the following together with his/her application to the Police Department:
   1. Identification in the form of a government issued ID of the applicant and each person who conducts peddling and soliciting activities;
   2. Photograph of applicant and each person who conducts peddling or soliciting activities;
   3. Copy of Connecticut Sales and Use Tax Permit, as applicable;
   4. Application fee in the amount described in this Chapter;
   5. Proof of insurance for vehicular, property, casualty or liability as may be reasonable and customary for the nature of the proposed operation;
   6. Copy of registration for any vehicle, including a mobile food service establishment, to be used in the vending activities, as applicable; 2.

1. Proof of registration by the State of Connecticut as a charitable organization, as applicable; and
2. Except with respect to peddling on public streets and State highways, if peddling from a peddler vehicle, push cart or mobile food service establishment is to take place on private, State or Town property, the applicant shall provide (i) the owner’s written permission; and (ii) the Zoning Enforcement Officer’s approval that the operation is in compliance with applicable zoning regulations, including any revised site plan requirements under Article IX of Chapter 273 of the Town Zoning Code. For purposes of vending on Town Property, the vendor shall obtain the permission of the governing agency of the subject property, as defined in Chapter 214 of the Town Code.

§ 218-6. Issuance of license; fee.

Upon compliance by the applicant with the provisions of Section 218-5, the Police Department shall issue a license authorizing the applicant to conduct vending or soliciting activities for a period not to exceed one year from the date of issuance for a fee of $200.00, to cover the administrative costs of the review and issuance of the license, provided that temporary licenses may be issued for a period not to exceed one (1) day, for a reduced fee of $25.00. The license is non-transferable.

§ 218-7. Fee waiver.

The license fee shall be waived for the following individuals or groups:

1. Individuals or groups who are duly authorized to act for and on behalf of any charitable organization, as defined in Section 21a-190a of the Connecticut General Statutes. Such individuals or groups, to the extent applicable, shall comply with the Connecticut General Statutes, including, without limitation, the Solicitation of Charitable Funds Act set forth in Sections 21a-175 et seq. and regulations pertaining thereto and shall carry current proof of registration with the State Department of Consumer Protection when soliciting; and
2. Veterans “who served in time of war,” as defined in Section 27-103 of the Connecticut General Statutes, who: (i) have resided within Connecticut for a period of two years next preceding the date of application for such permit; (ii) are hawkers or peddlers; and (iii) are “principals,” pursuant to the provisions of Sections 21-36 and 21-37 of the Connecticut General Statutes.

§ 218-8. Identification badge.
The Chief of Police shall issue a badge to each individual who conducts peddling or soliciting activities under this Chapter, regardless of whether or not a license fee is required. Each person shall conspicuously affix the badge to his/her outermost garment

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while conducting such door -to - door activities. The badge shall include the name of the licensee and the individual, the license number and the time period for which the license is valid.

§ 218-9. Rules and regulations.

The Board of Selectmen, upon the recommendation of the Chief of Police, may make such rules and regulations regulating solicitors and peddlers consistent with this Chapter as the Board deems the public welfare requires and as otherwise in compliance with laws.

§ 218-10. Revocation or denial of license.
A. In the interest of the health and safety of the community, an application for a

license may be denied or a license may be revoked for the following reasons:

1. Fraud, misrepresentation or false statements contained in the license application.
2. Fraud, misrepresentation or false statements made in the course of the activities conducted under the license.
3. Any violation of this Chapter, rules and regulations or state or federal law.
4. The applicant or licensee has been convicted of a crime or misdemeanor involving moral turpitude.

§ 218-11. Notice; appeals.

1. The Chief of Police or his or her designee shall provide written notice to the person whose license is denied or revoked, which notice shall set forth the grounds of the denial or revocation and shall be mailed to the person’s address as shown on the license application form or to the person’s last known address.
2. Any person aggrieved by the action or decision of the Chief of Police to deny or revoke the license shall have the right to appeal to the Board of Selectmen within fifteen (15) days of receipt of such notice of decision. The Board of Selectmen shall schedule a hearing within ten (10) days of receipt of an appeal and shall render a decision not later than ten (10) days following the close of the hearing; provided, however, that upon a written showing of special circumstances to the satisfaction of the Board of Selectmen, an aggrieved person shall be granted an expedited hearing to be held within three (3) business days of receipt of the written request.

§ 218-12. Records.

The Chief of Police shall keep a record of all licenses granted under the provisions of this Chapter, which record shall include a copy of each license, the number and date of each license; the name, age and residence of the person licensed; the license fee paid;

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and the date of expiration or revocation of all licenses.

§ 218-13. Penalties for offenses.

Any person who shall peddle or solicit without being duly licensed as herein provided or who shall violate the provisions of this Chapter shall be fined not more than $199 for each offense, pursuant to Sections 21-38 of the Connecticut General Statutes. An infractions ticket shall be issued as authorized by the State of Connecticut for violation of a municipal ordinance and payment or a plea of not guilty sent to the State of Connecticut Centralized Infractions Bureau.

§ 218-14. Conflict with statutory provisions.

Should any provisions of the Chapter be found with finality by a court of competent jurisdiction to be prohibited by the Connecticut General Statutes, the provisions of such statutes shall prevail.

§218-15. Other Town authorities.

Nothing is this Chapter shall limit the power and authority of the Zoning Enforcement Officer, the Planning and Zoning Commission, the Police Commission, the Fire Marshall or the Director of Health to enforce their related regulations, codes, laws or ordinances.