Sec. 11-5. Granting of license.
Sec. 11-6. License issuance, duration and fees.
Sec. 11-7. Transfer and display; employees.
Sec. 11-8. Loud noises and speaking devices.
Sec. 11-9. Prohibited and regulated locations.
Sec. 11-10. Nonexclusive location; distance from competitors.
Sec. 11-11. Peddling by charitable organizations, etc.
Sec. 11-12. Penalty for violations.
It shall be unlawful for any person to engage in the business of peddler, as defined in Section 11-2 of this Ordinance, within the Town without first obtaining a license therefor as herein provided.
(Ord. of 11-17-81)
The word "peddler" as used herein shall include any person, whether a resident of the Town or not, traveling by foot, or utilizing a wagon, automotive vehicle, pushcart, van or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, pastries, fish, vegetables, fruits, garden truck, farm products or other provisions, or food, and offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, boat, pushcart, van, railroad car or other vehicle or conveyance. One who solicits orders and as a separate transaction makes deliveries to purchasers shall not be deemed a peddler hereunder unless such activity is carried out as part of a scheme or design to evade the provisions of this Ordinance, in which case such person shall be deemed a peddler subject to the provisions of this Ordinance. The word "peddler" shall also include the words "hawker", "street vendor" and "huckster", but shall not include a farmer who is selling the produce of his own farm.
(Ord. of 11-17-81)
Applicants for a license under this Ordinance shall file an application with the Town Clerk. An application for a peddler's license shall include the following information:
(a) A brief description of the nature of the business and the goods to be sold;
(b) If employed, name and address of the employer, together with credentials establishing the exact relationship;
(c) The length of time for which the right to do business is desired;
(d) If a vehicle is to be used, a description of the same, together with the license number or other means of identification;
(e) A photograph of the applicant, taken within sixty (60) days immediately prior to the date of filing the application, which picture shall be two (2) inches by two (2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
(f) 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 punishment or penalty assessed therefor.
(Ord. of 11-17-81)
Upon receipt of such application, a copy thereof shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good. The Chief of Police shall make a report of such investigation and return the same to the Town Clerk. Such report shall be considered by the Selectboard in determining whether a license shall be issued or the applicant certified as qualified for the issuance of a peddler's license.
(Ord. of 11-17-81)
Sec. 11-5. Granting of license.
Applications for peddlers' licenses will be granted or denied by the Selectboard. Application will be granted when it is found that use of license will not adversely affect:
(a) Traffic;
(b) Permanent local business;
(c) Character of area.
(Ord. of 11-17-81)
Sec. 11-6. License issuance, duration and fees.
(a) Issuance. There shall be one (1) peddler's license available for issuance under this Ordinance for all areas of Colchester.
(b) Duration. The license year for all licenses granted pursuant to this Ordinance shall commence on April 1 and terminate at midnight March 31 of the subsequent year. All license applications submitted by March 1 shall be processed and granted or denied prior to April 1 of such year.
(c) Fees. All license fees shall be payable in full upon application, to be immediately refunded if the application is denied. Such fees are as listed in the Fee Ordinance, Chapter 6½.
(Ord. of 11-17-81; Ord. of 1-12-88)
Cross reference— Fees for permits and licenses generally, Ch. 6½.
Sec. 11-7. Transfer and display; employees.
(a) Display. No license issued under the provisions of this Ordinance shall be used or worn at any time by any person other than the one to whom is was issued. A licensee shall display his/her license at all times while peddling. Failure to do so shall be considered cause for revocation of such license.
(b) Employees. A licensed peddler may utilize the services of one (1) employee. Any applicant for a peddler's license who anticipates the use of an employee shall list upon such application such proposed employee's name and address. The employee shall be investigated in the same fashion as the applicant and the Selectboard shall certify whether a license shall be granted to such employee. Upon issuance, the employee may peddle only as an employee of the applicant. A licensed peddler and his/her employee shall not simultaneously peddle at different locations.
(Ord. of 11-17-81)
Sec. 11-8. Loud noises and speaking devices.
No peddler, nor any person in his behalf, shall shout, cry out, blow a horn, or use any sound device, including any loud speaking radio or sound amplifying system upon any of the streets, alleys, parks or other public places of the Town or upon any private premises in the Town if sufficient volume is produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
(Ord. of 11-17-81)
Sec. 11-9. Prohibited and regulated locations.
Peddling within the Town traveled highway is discouraged. Peddlers that must utilize Town highways shall operate so as not to interfere with the free flow of traffic.
(Ord. of 11-17-81)
Cross reference— Traffic, Ch. 12.
Sec. 11-10. Nonexclusive location; distance from competitors.
No licensed peddler shall be entitled to any exclusive location nor shall he/she peddle his/her goods within one hundred (100) feet of the entryway to any business location which sells or offers for sale goods, wares, merchandise, food, etc., of the same type and nature as being offered for sale by the peddler. The Town Clerk, subject to written appeal to the Selectboard within one (1) day of the Town Clerk's determination, shall determine in appropriate cases whether such similar goods are being offered for sale. If an appeal to the Selectboard is taken, the determination of such Board will be final.
(Ord. of 11-17-81)
Sec. 11-11. Peddling by charitable organizations, etc.
Nothing in this Ordinance shall prohibit the Selectboard from issuing permits for peddling by representatives of public, pious or charitable organizations for such periods of time as the Selectboard shall authorize without payment of a license fee.
(Ord. of 11-17-81)
Sec. 11-12. Penalty for violations.
Any person, firm or corporation violating any of the provisions of this Article shall be fined pursuant to Chapter 1, Section 1-9. Each day in which any such violation shall continue shall be deemed a separate offense.
(Ord. of 9-10-96)
FOOTNOTE(S):
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Editor's note— An ordinance of Nov. 17, 1981, amended the Code with the addition of a new Art. III, §§ 2-25—2-35 to Ch. 2. For purposes of classification, the editor has redesignated said provisions as Ch. 11, §§ 11-1—11-11. (Back)