For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ITINERANT VENDOR." Any person, whether principal or agent, who engages in a temporary or transient business, either in one locality or traveling from place to place, selling goods, wares, and merchandise, and who, for the purpose of carrying on such business, hires, leases, or occupies any building or structure for the exhibition and sale of such goods, wares, and merchandise.
"MANAGING ITINERANT VENDOR." Any person who conducts, manages or organizes a show of itinerant vendors for purposes of exhibition and sale at any location which is open to the general public and at which goods, wares or merchandise are on display and offered for sale by any vendors.
"TEMPORARY OR TRANSIENT BUSINESS." Any exhibition and sale of goods, wares, or merchandise which is carried on in any tent, booth, building, or other structure, unless such place is open for business during usual business hours for a period of at least nine months in each year.
(Ord. 231, adopted 5-7-84; Am. Ord. 578, passed 7-6-09)
(A) The provisions of this chapter shall not apply to:
(1) Sales made to dealers by commercial travelers or selling agents in the usual course of business;
(2) Bona fide sales of goods, wares, and merchandise by sample for future delivery;
(3) Hawkers on the streets or peddlers from vehicles;
(4) Any sale of goods, wares, or merchandise on the grounds of any incorporated agricultural society during the continuance of any annual fair held by such society;
(5) 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)(3) of the Internal Revenue Code or any subsequent corresponding section of the Internal Revenue Code of the United States as from time to time may be amended;
(6) Tag sales or garage sales on premises devoted to residential use and where permitted by local law.
(B) No itinerant vendor shall be relieved or exempted from the provisions and requirements of this chapter by reason of associating himself/herself temporarily with any local dealer, auctioneer, trader or merchant, or by conducting any temporary or transient business in connection with or in the name of any local dealer, auctioneer, trader or merchant.
(Ord. 231, adopted 5-7-84; Am. Ord. 248, adopted 9-4-85; Am. Ord. 578, passed 7-6-09)
(A) Before selling within the Town of Hamden, under a state license, each itinerant vendor shall make application for a municipal license to the Mayor or his/her designee and make payment of $250. Upon payment of this fee, the Town Clerk shall issue the license which may not continue for a period longer than the unexpired period of the state license under which the municipal license is issued. The municipal license shall remain in force as long as the licensee continuously keeps and exposes for sale in the Town of Hamden such stock of goods, wares and merchandise, but not later than the first day of October following its date.
(B) Upon payment of the license fee and proof of payment of all other license fees, if any, chargeable upon local sales, the Town Clerk shall record the state license of the transient vendor in full, shall endorse thereon the words "local license fees paid" and shall affix thereto his/her official signature and the date of the endorsement.
(C) No license fee shall be required from any resident of Connecticut who has resided in Connecticut for a period of two years next proceeding the date of application for the license and who is a veteran who served in time of war as defined in Conn. Gen. Stat., § 27-103, for the privilege of buying, selling or vending goods, wares or merchandise within its limits; provided lapel pins, buttons, flowers, small flags and similar novelties and books and magazines shall not be construed to be goods, wares, or merchandise within the meaning of this chapter. The Town of Hamden may defer issuance of such license for a period of not to exceed seven days for the purpose of investigation. Each veteran engaged in any of those occupations shall produce his/her discharge, certificate of honorable discharge from the service or a copy thereof certified by the Town Clerk from the records of the town where such discharge or certificate of discharge is recorded as provided in Conn. Gen. Stat., § 12-93, for inspection, together with a certificate from the Town Clerk that the applicant is a resident of the state, upon such demand of any proper officer of the town and if he/she fails to do so, he/she shall not be entitled to any privilege under this section. Any person who makes a false representation for the purpose of availing him/herself of the privilege of this section shall be fined $25.00
(Ord. 231, adopted 5-7-84; Am. Ord. 248, adopted 9-4-85; Am. Ord. 578, passed 7-6-09) Penalty, see § 120.99
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