CHAPTER V. BUSINESS REGULATIONSCHAPTER V. BUSINESS REGULATIONS\Article 1. Solicitors, Canvassers, Peddlers

For the purpose of this article, the following words shall be considered to have the following meanings:

(a)   Soliciting shall mean and include any one or more of the following activities:

(1)   Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services, of any kind, character or description whatever, for any kind of consideration whatever; or

(2)   Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or

(3)   Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication.

(b)   Residence shall mean and include every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.

(c)   Canvasser or Solicitor shall mean any individual, whether resident of the city or not, whose business is mainly or principally carried on by traveling either by foot, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether he or she is collecting advance payments on such sales or not. Such definition shall include any person, who, for himself, herself or for another person, hires, leases, uses, or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.

(d)   Peddler shall mean any person, whether a resident of the city or not, traveling by foot, automotive vehicle, 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, fish, vegetables, fruits, garden truck, farm products or provisions, 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, railroad boxcar or other vehicle or conveyance, and further provided, that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this article shall be deemed a peddler.

(e)   Transient merchant, itinerant merchant or itinerant vendor are defined as any person, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within such city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, or boat, public room in hotels, lodging houses, apartments, shops or any street, alley or other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. Such definition shall not be construed to include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this article merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.

(f)   Street salesman shall mean any person engaged in any manner in selling merchandise of any kind from a vehicle or stand temporarily located on the public streets or sidewalks of this city.

(Code 2019)

It shall be unlawful for any person, firm, or corporation to engage in any of the business of hawker, peddler, solicitor, itinerant merchant or transient vendor of any merchandise article or thing without having first secured a license therefore.

(Ord. 290; Ord. 426 Ord. 602; Code 2019)

Applications for such license shall be made to the Clerk of the city of Haven, and shall state thereon the description and number of vehicles, if any, intended to be operated, the kind of merchandise to be peddled, the permanent address of the peddler, hawker, solicitor, merchant or vendor, a valid phone number and a sales tax permit identification number of the applicant. The applicant shall provide proof of identification in the form of a driver’s license or other government issued photo I.D.

(Ord. 426 Ord. 602; Code 2019)

The fee for license shall be $50.00 (fifty dollars) for an annual license.

(Ord. 69; Ord. 125; Ord. 426; Ord. 602; Code 2019)

The City Clerk shall issue a license within three business days, providing due investigation shows the applicant to be a person of good character. The City Clerk shall not issue a license to an applicant with a history of prior convictions or complaints of fraud or misrepresentation. The City Clerk Shall issue an identification badge to the licensee indicating that the peddler, hawker, solicitor, itinerant merchant or transient vendor has secured a license from the City and such badge shall be prominently displayed by the licensee on his/her person.

(Ord. 602; Code 2019)

No peddler, solicitor, hawker, itinerant merchant or transient vendor shall ply his location on any street, sidewalk, park, parkway or in any other public place unless his license specifies that such activity in such places is permitted thereunder.

(Ord. 426; Ord. 602; Code 2019)

Any licensed peddler, solicitor, hawker, itinerant merchant or transient vendor who shall be guilty of any fraud, cheating, or misrepresentation rather through himself or through an employ while acting as a peddler, hawker, solicitor, itinerant merchant or transient vendor in the city or who shall barter, sell or peddle any good or merchandise or wares other than those specified in the application for a license shall be deemed guilty of a violation of this article.

(Ord. 426; Ord. 602; Code 2019)

No peddler, hawker itinerant merchant, transient vendor or solicitor shall go on private premises for the purposes of selling or soliciting business or remain on private premises for the purposes of selling or soliciting business after having been requested by the owner or occupant of said private premises to leave.

(Ord. 426; Ord. 602; Code 2019)

Sales of goods or services by any bona fide charitable, religious, educational or philanthropic organization are exempt from the requirements of this article.

(Ord. 602; Code 2019)

Any person, firm or corporation violating any portion of this article shall be guilty of a misdemeanor and subject to a fine of not less than $50.00 or more than $1,000.00 for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Any person in violation with the provisions of these articles shall have their license revoked and shall not be eligible to reapply for the same.

(Ord. 426; Ord. 602; Code 2019)