ORDINANCE REGULATING PEDDLERS, HAWKERS, STREET VENDORS, ITINERANT VENDORS AND SOLICITORS IN THE TOWN OF LED YARD

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1 Ordinance: ¹3-1 ORDINANCE REGULATING PEDDLERS, HAWKERS, STREET VENDORS, ITINERANT VENDORS AND SOLICITORS IN THE TOWN OF LED YARD BE IT ORDAINED by the Ledyard Town Council: Section 1. Definitions a. The term "Peddler" or "Hawker" as used in this Ordinance, shall mean any person, whether acting as principal or agent, who shall go from place to place, house to house, or &om street to street within the Town of Ledyard, either on foot or by vehicle, selling or bartering, or carrying for sale or barter, or exposing therefor, any goods, wares or merchandise. b. The term "street vendor" as used in this Ordinance, shall mean any person, whether acting as principal or agent, who shall establish a temporary, movable and transient cart and/or stand for the purpose of bartering or selling, or carrying for or offering to barter or sell, or exposing therefor, any goods, wares or merchandise, which stand and/or cart is not connected to, and under the full control of, an adjacent permanent business owned by such person or his or her principal. c. The term "itinexant vendor" shall mean any person, whether acting as principal or agent, who engages in a temporary or transient business in the State of Connecticut, either in one locality or in traveling from place to place, selling goods, wares, or merchandise, and who, for the purpose of carrying on such business, hires, leases, or occupies any space, building or structure in the Town of Ledyard for the exhibition and sale of such goods, wares or merchandise, d. The term "temporary or transient business" shall mean and include any exhibition and sale of goods, wares, or merchandise which is carried on in any tent, booth, building, or other structure, unless such place shall be open for business during usual business hours for a period of at least nine 9! months in each year. e. The term "solicitor" shall mean any person, whether principal or agent, who shall pass from place to place, house to house or &om one address to another for the purpose of selling any goods, wares or merchandise, canvassing or soliciting goods, money or other articles or things, or taking orders for the later delivery thereof, This term shall not apply to occupants of stores or shops within the Town of Ledyard, nor shall it be construed to hinder, forbid or prevent any nonresident &om obtaining within the Town of Ledyard orders &om merchants residing in the Town of Ledyaxd for goods, wares and merchandise purchased fox the purpose of being resold by such merchants. f. The term "person" shall include, without limitation, any natural person and/or individual, firm, business, partnership, organization, association, association of persons however formed, social club, &aternal organization, trust, fiduciary, joint venture, cooperative, limited liability company, { DOCX; v. 1

2 corporation or other business entity, or subsidiary or affiliate thereof, public or private, for profit or nonprofit, organized or existing under the laws of the state. or any other state, and, to the extent otherwise permitted by law, any municipality, district, including any special district having taxing powers, agency, authority, instrumentality, or other governmental entity or political subdivision in the state or any federal agency. Section 2. License/Sub-license a. No person, either as principal or agent, shall conduct any activities as, and/or carry on the business of, a peddler, hawker, vendor, street vendor, itinerant vendor or solicitor, nor shall any person, as principal or agent, engage in the act of selling, peddling, hawking, bartering, vending or soliciting from any temporary and/or transient location and/or upon the public streets or sidewalks or upon any state highway, except limited access highways, within the territorial limits of the Town of Ledyard or any land abutting such streets, sidewalks or highways, of any goods, wares, food or other merchandise at public or private sale or auction, or in the selling, peddling, hawking, bartering, vending or peddling of such articles &om place to place, house to house and/or street to street, within the territorial limits of the Town of Ledyard unless such person, peddler, hawker, vendor, street vendor, itinerant vendor or solicitor has first applied for and obtained a license to do so issued by the Chief of Police of the Town of Ledyard or his or her designee collectively the "Chief of Police"!. The purpose of this Ordinance is to protect and promote the safety, health and welfare of the general public in the Town of Ledyard. b. Licenses under this Ordinance shall only be issued in the name of the person that applies therefor and shoal not be transferable hereinafter a "Licensee"!. Each Licensee, if other than a natural person, shall be entitled to designate m its license application one natural person as its initial representative under the license without such individual having to pay the sub-license fee; provided such initial representative shall provide all information pertaining to himself or herself as set forth in Section 4 as if a sub-license was being applied for, with exception of the $10.00 fee. Should a Licensee thereafter wish to designate a different person as its initial representative, such person must apply for a sub-license and pay the associated sub-license fee. The initial representative, however, may be substituted without charge each year in connection with a license renewal application so long as the license renewal fee is paid. Other than said initial representative, no additional employee, affiliate, agent and/or other representative of any Licensee shall conduct activities regulated by this Ordinance on behalf of such Licensee within the Town of Ledyard unless and until such person has applied for and has obtained a sub-license to do so issued by the Chief of Police a "Sub-licensee"!. c. No license or sub-license under this Ordinance shall be issued involving the sale or distribution of food or consumption products without the applicant having first obtained a license from Ledge Light Health District authorizing same. All persons engaged in the sale of food and/or products for human consumption shall do so only from licensed motor vehicles or other vehicles, stands or carts specifically designed for the exclusive purpose of dispensing food and shall not display food or beverages outside of such vehicles or carts in any manner. All such vehicles, stands or carts must be inspected and approved by Ledge Light Health District before they can be utilized in connection with business regulated by this Ordinance. {! DOCX; v.!

3 d. No license under this Ordinance shall be issued to any person who has not obtained a permit to engage in or transact business as a seller within the State of Connecticut in accordance with C.G.S. $ Nothing in this Ordinance shall be construed as empowering the Town of Ledyard to prohibit, regulate, control or impose a fee on any person operating any business on any state highway or land abutting any state highway pursuant to a contract with the State of Connecticut, nor shall this Ordinance be construed to limit in any manner the Commissioner of Transportation's statutory authority concerning state highways. Section 3. Exem tions a The following classes of personshall be exempt &om the provisions of this Ordinance:! farmers and gardeners offering for sale the produce of their farms, greenhouses and gardens, including fruit, Aowers and vegetables;! sale, distribution and delivery of teas, coffees, spices, groceries, meats, bakery goods, milk and milk products, not including ice cream or other &ozen milk products;! sales made by individuals under the age of eighteen8! years old who are residents of the Town of Ledyard sponsored by a religious, civic, charitable or educational organization having a place of business in New London County;! sales made to dealers by commercial travelers or selling agents in the usual course of business;! garage and/or tag sales and similar activities conducted by private persons on premises devoted to residential use, provided none of such activities shall exceed three! consecutive days nor more than three! times a year;! sales made to regularly established customers at their place of residence; sales on approval; conditional sales of merchandise; the taking of orders for merchandise for future delivery when full payment is not required at the time of solicitation; and/or bona fide sales of goods, wares or merchandise by sample for future delivery;! sales of goods, wares or merchandise on the grounds of any incorporated agricultural society during the continuance of any annual fair held by such society, or to any general sale, fair, auction or bazaar held or sponsored by an ecclesiastical society, church corporation, governmental entity or any corporation which is exempt from taxation under Section 501 c!! of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended. b. No person, peddler, hawker, street vendor, itinerant vendor or solicitor shall be relieved or exempted from the provisions or requirements of this Ordinance by reason of associating temporarily with any local dealer, auctioneer, trader, merchant, or by conducting any temporary or transient business, in connection with or in the name of any local dealer, auctioneer, trader or merchant. l00782l3s.docx; v.!

4 c. In lieu of the license requirementset forth in this Ordinance, a special license may be issued by the Chief of Police to vendors of toys, Gags, popcorn, novelties, balloons and/or food stues at parades, circuses, bazaars and similar special functions located within the Town of Ledyard. The specialicense application form shall require submission of the same information to the Chief of Police as required by Section 4 of this Ordinance, excepthat the specialicense fee sbah be twenty-6ve dollars $25.00!. An additional fee of ten dollars $10.00! shall apply for each employee, agent, af61iate and/or representative of the special license applicant who wih be utilized in connection with the specialicense by the special licensee at such parade, circus, bazaar and/or special function. Each specialicense shall be limited to the route and duration of the parade, the location of the circus or bazaar or special function. Such specialicense shall expire upon the end of the parade, circus, b~ or special function. Nothing in this subsection shall require a person already holding a valid applicable license and/or sub-license under this Ordinance to obtain a special license m addi'.on to the existing license and/or sub-license. Section 4. License and Sub-License A lications a. The initial license application for a particular property, route, stand, cart, table, vehicle or location shall constitute the license application for said property, route, stand, cart, table, vehicle or location. In addition to any other requirements set forth in this Ordinance, license and sub-license applications, as applicable, shoal include the following:! The license fee of one hundred dollars $100.00! payable to the Town of Ledyard for a license application or the sub-license fee of ten dollars $10.00! payable to the Town of Ledyard for a sub-license application, as applicable, and/or a signed written explanation of any claim by the applicant of quali6cabon for a fee exemption.! A description of the activities bemg performed and/or the business to be. conducted, as well as the food, wares, goods and/or merchandise to be solicited, sold, bartered and/or offered;! Name, age, weight, hair color, eye color, residential address and business address of the license and/or sub-license applicant, as applicable;! With respect to license applicants, a list of the names, residence and business addresses of all persons, agents, employees, af51iates and/or representatives of the license applicanthat will conduct activities on the licensee's behalf in the Town of Ledyard in connection with the License applied for, including the initial representative of the licensee if licensee is other than a natu' person, which lid shall be updated for each new person that will be utilized by licensee in connection with the license;! Conclusive proof of the possessio~ of a State of Connecticut Sales and Use Tax Permit. Where applicable, a State of Cormecticut Vendor's Permit;! If Gus applicant is to be employed by or associated with another licensee or applicant for a license, the name of such other persons;! A statement as to whether or not the applicant has been convicted of any crime, including misdemeanors and motor vehicle violations, the nature of the offense, if any, and the punishment or penalty assessed therefor;! docx; v. }

5 8! The name of any municipality or state for which the applicant has previously sought a license or permit as a hawker, peddler, vendor, itinerant vendor, street vendor or solicitor and the dates of such application; 9! The registration number and the name of the owner of any motor vehicle which will be used in connection with the applicant's business, and; 0! A description of the route to be served, or the table, stand, cart, location, property and/or vehicles &om which sales will be made, or the temporary or transient business location where sales will be made. b. Each licensee and/or sub-licensee applicant, as well as the initial representative of the licensee applicant if licensee applicant is other than a natural person, shall provide two "passport" style photographs of himself or herself to be attached to the application and the license and/or sub-license. The Chief of Police may request from applicant such other information and/or documentation as he or she feels is reasonably necessary, and/or may make such investigations and/or inquiries deemed reasonably necessary, to carry out the purposes of this Ordinance. Section 5. Re ection md/or A royal of A lications Upon receipt of an application pursuant to Section.4 of this Ordinance, the Chief of Police shall, within twenty-one 1! days, review the application and investigate the applicant's background to the extent necessary to carry out the purpose of this Ordinance. Upon completion of such investigation the Chief of Police shall:! Endorse his or her rejection of any application found unsatisfactory and the reason therefore, and return same to the applicant by mailing to the address listed on their application; or! Endorse his or her approval on any application found satisfactory, execute a license and/or sub-license, and notify the applicant of same in writing. If the applicable fee has not been paid, and/or a fee exemption has been, denied, the fee shall be paid prior to the license and/or sub-license being issued. A copy of this Ordinance shall be provided to all licensees and/or sub-licensees at the time the license and/or sub-license Section 6. License Fee is issued. a. The license application fee shall be One Hundred Dollars $100.00!, and the sub-license application fee shall be Ten Dollars $10.00!. Subject to Section 6 b! hereof, all licenses and sub-licenseshall expire one year from date of issue. The fee shall not be refundable or prorated regardless of whether the licensee and/or sub-licensee conducts business hereunder for the permitted duration of the license and/or sub-license. Licenses may be renewed upon the payment of a renews fee in the amount of one hundred dollars $100.00!, and sub-licenses may be renewed for a renewal fee of Ten $10.00! Dollars. The same information required by Section 4 shall be submitted with all renewal applications, New license and sub-license stickers shall be issued for each renewal period. Notwithstanding anything herein to the contrary, sub-licenses shall expire and/or terminate immediately upon expiration and/or termination of the license under which the sub-license was issued. The Town Council, during any regear and/or special meeting thereof, may hereafter change the license and/or sublicense initial application and/or renewal fees. f! I 38,DOCX; v,!

6 b. Licenses issued under this Ordinance to any itinerant vendor shall remain in force as long as such itinerant vendor continuously keeps and expenses for sale in the Town of Ledyard his, her or its stock of goods, wares or merchandise described in the license application, but not later than the first day of October following the date the license is issued, provided, that no license issued under this Ordinance to any itinerant vendor shall continue for a longer term than the unexpired period of the State of Connecticut license under which it is issued. c. Nothing herein shall require full-time students, who are residents of the Town of Ledyard to pay a license and/or sub-license fee; provided all other provisions of this Ordinance, including, but not limited to, the requirements to apply for and obtain a license and/or sub-license, where applicable, shall continue to apply. The Chief of Police may waive the license fee and/or sub-license fee for a nonprofit organimtion exempt &om federal taxation by Section 501 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as &om time to time amended, or a charitable organization. Notwithstanding anything in this Ordinance to the contrary, no license and/or sub-license fee shall be required &om any resident of the State of Connecticut who has resided within Connecticut for a period of two! years next preceding the date of application for such license, who is! a veteran who served in time of war, as defined in Connecticut General Statutes "C.G.S."!! ; or! a hawker or peddler as defined in C.G.S. $ 21-36, and! a principal pursuant to C.G.S. $ Each such veteran shall produce his or her discharge, certificate ofhonorable discharge &om the service or a copy thereof certified by the town clerk &om the records of the town where such discharge or certificate of discharge is recorded as provided in C,G.S. $ 12-93, for inspection, together with a certificate &om the town clerk that the applicant is a resident of the State of Connecticut, upon the demand of the Chief of Police, and if he or she fails to do so, he or she shall not be entitled to any privilege under this section. Each person claiming a fee exemption shall submit conclusive proof of his, her or its eligibility for same. Section 7. Identification and Sticker Each approved applicant shall be issued a license and/or sub-license identification and sticker. The identification shall display, among other things, an identification number, year of issuance, a photograph of the initial representative and/or sub-licensee, and the number of the license under which any sub-licensee is operating. New identifications and suckers shall be issued for each year of the license under which it was issued. Each licensee and/or sub-licensee shall be required to wear license identifications in a visible position on the left-hand upper body whenever engaging in conduct regulated by this Ordinance, clearly visible to the public, and shall make said identifications available for inspection at the request of any citizen. Bach licensee and/or sub-licensee shall be required to affix the license and/or sub-license sticker to the exterior of the vehicle, cart, stand, carrying case, or other supporting equipment and/or structure utilized in carrying out activities and/or business regulated by this Ordinance, and in a location clearly visible to the public. Section 8. Provisional License In the case of seasonal vendors peddlers or in any other case where good cause exists, the Chief of Police may, at the time an applicant files their application, issue a provisional license to such a person which will remain in effect during the time the application is being processed. f! docx; v.!

7 8 9.R f fdi AH persons issued a license and/or sublicense under this Ordinance shall make adequate provisions for collection and disposal of ah used containers, wrappings and other disposables, including without limitation garbage All persons issued a license and/or sublicense under this Ordinance shall be responsible for keeping the area surrounding their property, vehicle, stand, cart, table or location, clean, neat and &ee of litter, including without limitation garbage. Section 10. Location for Vendin and Peddlin Persons issued a license and/or sub-license under this Ordinance shah not conduct their busmess m areas zoned only for residential use unless expressly authorized by the Chief of Police and on the license. Section 11. Noise Re lations No person, peddler, hawker, vendor, street vendor, itinerant vendor or solicitor shah ~e a disturbance by the continued use of horns, sirens, bells or any other sound producing device in connection with carrying on business permitted by the license and/or sub-license issued hereunder, but such persons may, durtng the hours of 9am and 8pm, make a signal reasonably loud enough to attracthe attention of customers in the immediate vicinity provided such signal shall not be enhanced by amplifying equipment. Door to door vendors, peddlershah not enter upon private property except during the hours of 9am and 8pm. Section 12. Revocation The Chief of Police may revoke the license and/or sub-license of any person for just cause, including without limitation for any of the following reasons:! violations of any provisions of this Ordinance;! fraud, misrepresentation or false statement and/or material omission contained in the application for a license and/or sub-license, and/or made in the course of carrying on business permitted by the license and/or sub-license;! conviction of any felony or any misdemeanor involving moral turpitude,! violation of any applicable Federal, State and/or local statutes, ordinances, rules, regulations, orders and/or other laws, including without limitation those laws pertaining to the operation of motor vehicles, including parking thereof, labor, taxation, workmen's compensation insurance, health and sanitation, littering, weights and measures, consumer protection, trespassing or disturbance of the peace or public safety, provided such violations occur during or related to the licensee's and/or sub-licensee's activities and/or business operations in connection with the license and/or sub-license. Revocation of the sub-license of any sub-licensee of a licensee may, in the discretion of the Chief of Police, also constitute grounds for revoking the license of licensee under which the sub-license was issued. {! DOCX, v.!

8 Section 15. Penaitn' Any person who engages in the business of a peddler, hawker, vendor without complying with the provisions of this ordinance shall be oned not more than One Hundred Ninety-Nine $199! dollars in accordance with CSG Section 16. Effect on Prior Ordinances Ordinance No. 3 entitled "An Ordinance Pertaining to Peddlers or Solicitors License" dated August 9, 1972 is hereby repealed. Section 17. Effective Bate This Ordinance "An Ordinance Regulating Peddlers, Hawkers, Street Vendors, Itinerant Vendors and Solicitors in du. Town of Ledyard" shall become effective on: Adopted by the Ledyard Town Council on: May 8, 2013 Linda C. Davis, Chairman 5 Disapproved on. Ki3-r'5 Published: Nay 15, 2013 Effective: June 5, 2013! ,DOCX; v,!

9 TOWN OF I EDYARD 741 COLONES LEDYARD HXGHWAY LEDYARD, CONVEX".TICUT REQUIREMENTS FOR LICENSEE 1. If food is to be sold, a health inspection of the facility, equipment and where food is to be prepared must be conducted by Ledge Light Health District, which is located at: Ledge Light Health District 216 Broad Street New London, CT No permit will be issued without a signed receipt of payment and certificate from Ledge Light Health District. All applicants must have a State of Connecticut Sales and Use Tax Number, you may obtain this via the web at htt: ov drs the online process takes 7 days or more. You may visit the State of Connecticut Department of Revenue Services Office at the Hartford address below for same day service: State of Connecticut Department of Revenue Services 25 Sigourney Street, Ste 2 Hartford, CT Permits are designated for the Permittee of the business and are a fee of $ valid for 1 year from date of issue. 2. Licenses are issued to employees of the Permittee with a fee of $10.00 per employee valid for 1 year from date of issue. Please call 86& if you have any questions or visit our website at vnvw.led dct.o h: dct.o l! 00782!38.Docx; v.!

10 TOWN OF LEDYARD COXNKCTICUT OFFICE GF THE MAYOR 741 Colonel Ledyard Highway Ledyard, Cr ! FAX 860! Business Information REQUEST FOR I ICKNSKK Name of Business: Address of Business: City Office Telephone: Description, of Sales Route/Area Merchandise to be SoM: Required Documentation CT Resale Number Office Year State of Reg. Insurance CT License/Permit to Sell Fireworks etc! Ledge Light Health Permit for Food Copy of Letter &om Property Owner Authorizing Usage Please Provide Two Recent Photos Fax: Are you Associated with another Licensee: Yes/No Who Do you have a vending license from another municipality: Vehicle Make Information Registration No. Model State Yes/No Who: Color Insurance Copy of Liability Letter from Fire Marshal Individual Name: Information Street! zip! Local Address Height: if different Weight: Have you ever been arrested? Yes If yes- Charge Disposition Driver's License Number Visible Scars/Markings Signature of Applicant: Eyes City! State! Hair: No When/Where State of Issue Date: License s! Issued on:! l 38,DOCX; v.$, 201 License Number:

11 TOWN OF LKDYARD CO51VKCTICUT OFFICE GF THK MAYOR 741 Colonel Ledyard Highway Ledyard, CT06339-ISS1 860} FAX 860! RKQUKST FOR SUB-LICENSEE TO%N OF LKDYARD LICENSE NUMBER Business Information Name of Business: Address of Business: City State Office Telephone: Once Fax: Description of Sales Route/Area Merchandise to be Sold: Are you Associated with another Licensee: Yes/No Who: Do you have a vending permit &om another municipality: Yes/No Who: Individual Name: Information Street! 1P! Local Address Height: if different: Weight: Have you ever been arrested? Yes If yes- Charge Disposition Driver's License Number Visible Scars/Markings Signature of Applicant: Eyes City! No When/Where State of Issue Date: State! Vehicle Information Make Model Year Color Registration No. State of Reg. Insurance Signature of Applicant: Date: License Issued on:, 201 License Number: 201! DOCX; v. }

12 TOWN OF LEDYARD COXXKCTICUT OFFICE OF THE MAYOR 741 Colonel Ledyard Highway Ledyard, CT ! FAX 860! I ICKXSKK LICENSE NO. DATE OF ISSUE: Licensee Name: Licensee Vehicle Identification: Model Color License Expiration Date: Example of Vendor/Solicitor/Peddler License Toxin of Ledyard LICENSEE License ¹ Name Firm: Height: Weight: Hair Color: Is granted permission to vend, solicit or peddle orders Within the Town of Ledyard under the following conditions: 1. License may be revoked by Chief of Police 2. License is not transferable 3. Must be carried and displayed on person and shown upon request. 4. License holder must not work before 9am or after 8pm Vendor/Solicitor/Peddler Expiration Date: Signature Chief of Police/or Designee!00782I38.DOCX; v,i