Chapter 5.05
PEDDLERS, MOBILE VENDORS, SOLICITORS, AND CANVASSERS
Sections:
5.05.050 Contents of registration.
5.05.080 Investigation – Character and business responsibility – Issuance or denial of permit.
5.05.100 Permit to be carried on person.
5.05.110 Conditions and regulations.
5.05.120 Revocation of a permit.
5.05.130 Appeals to board of trustees.
5.05.160 General prohibitions.
5.05.010 Purpose.
The purpose of this chapter is to establish reasonable restrictions on door-to-door peddlers and mobile vending in order to protect the citizens of Granby from fraud, misrepresentation, crime, undue annoyance and loss of privacy, and to promote the public health, safety, and welfare of the town. This chapter recognizes that differences exist between persons who peddle for commercial purposes and those who solicit for noncommercial purposes. It is not the intent of this chapter to regulate the content of speech or expressive activities. To that end, this chapter employs the least restrictive means necessary to serve its purposes. [Ord. 892 § 1 (Exh. A), 2018; Ord. 711 § 2, 2008. Code 1999 § 9-1-1].
5.05.020 Definitions.
As used in this chapter, the following words have the meaning indicated:
“Canvasser” means a person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of: (1) attempting to enlist support for or against a particular philosophy, ideology, political party, issue, candidate, or religion, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause; or (2) distributing a handbill or flyer advertising a noncommercial event or service.
“Mobile vendor” means any cart, food truck, wagon, mobile stand, motor vehicle or other vehicle, or other appurtenances used to conduct mobile food vending or mobile retail operations.
“Peddler” means a person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of: (1) attempting to sell goods, wares, or merchandise for present or future delivery, or for services to be performed immediately or in the future, whether the person has, carries or exposes a sample of such goods, wares or merchandise or not, and whether he is collecting advance payments for such sales or not; or (2) distributing a handbill or flyer advertising a commercial event, activity, good or service that is offered to the resident for purchase at a location away from the residence or at a time different from the time of visit.
“Solicitor” means a person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, charitable, political or religious purpose, even if incidental to such purpose there is the exchange of some good or service for a donation to the organization. By way of example and not limitation, “solicitor” is intended to include Girl Scouts, Boy Scouts, and organizations or individuals affiliated with public schools grades kindergarten through twelfth. [Ord. 892 § 1 (Exh. A), 2018; Ord. 711 § 2, 2008. Code 1999 § 9-1-2].
5.05.030 Registration and permit required for peddlers and mobile vendors, available for solicitors and canvassers.
No person shall act as a peddler or mobile vendor within the town without first registering with the town clerk and obtaining a permit in accordance with this chapter. A solicitor or canvasser is not required to register, but any solicitor or canvasser may do so for the purpose of reassuring town residents of the solicitor or canvasser’s good faith. [Ord. 892 § 1 (Exh. A), 2018; amended during 2011 recodification; Ord. 711 § 2, 2008. Code 1999 § 9-1-3].
5.05.040 Administrative fees.
For a peddler, a mobile vendor, a solicitor, and a canvasser, the license fees will be as follows:
(a) Twenty-five dollars for a one-day license.
(b) Fifty dollars for a seven-consecutive-day license.
(c) Seventy-five dollars for a 30-consecutive-day license, available only for mobile food vendor.
(d) Three hundred fifty dollars for a 180-consecutive-day license, available only for mobile food vendor.
(e) Five hundred dollars for a 365-consecutive-day license, available only for mobile food vendor.
An applicant who is granted a one-month license may apply for up to three renewals of such license without submitting a new application for such renewals; provided, that during the preceding term of the license, the town has not received any written complaints regarding the licensee. [Ord. 909 § 1, 2019; Ord. 892 § 1 (Exh. A), 2018; Ord. 733 § 2, 2009. Code 1999 § 9-1-4].
5.05.050 Contents of registration.
Any person or organization required to register under this chapter, or who wishes to register for information purposes as a solicitor or canvasser, shall appear in person and provide the following information in writing, on a form provided by the town:
(a) The name, address (permanent and local) and physical description of the peddler, mobile vendor, solicitor or canvasser.
(b) The name and address of the person, firm or corporation by whom the peddler or mobile vendor is employed. In the instance of a solicitor or canvasser, the name and address of the organization represented. The web address for this organization, person, or group (or other address) where residents having subsequent questions can go for more information.
(c) The nature or character of the goods, wares, merchandise, or services to be offered by the peddler, mobile vendor, solicitor or canvasser (copies of literature or fliers to be distributed may be substituted for this description at the option of the applicant).
(d) A copy of the sales tax license issued by the town of Granby or the standard retail license issued by the state to the person, firm or corporation by whom the peddler or mobile vendor is employed, or the sales tax license or state standard retail license issued to the peddler or mobile vendor as an individual. In the event that the organization by which the solicitor or canvasser is employed is a tax-exempt, nonprofit organization, a copy of the tax-exempt certificate or tax ID number is to be provided.
(e) The motor vehicle make, model, year, color, vehicle identification number and state license plate number of any vehicle which will be used to transport persons, goods, wares or merchandise during the conduct of business.
(f) A statement as to any convictions of any crimes, misdemeanors, or violations of municipal ordinances, including the date, the nature of the offense, and the penalty assessed therefor.
(g) A driver’s license, state identification card, passport, or other government-issued identification card (issued by a government within the United States) shall be submitted with the application and a photocopy taken and retained by the town for all persons other than minors. [Ord. 981 § 2, 2023; Ord. 892 § 1 (Exh. A), 2018; Ord. 711 § 2, 2008. Code 1999 § 9-1-5].
5.05.060 Other information.
The information submitted on the registration form as provided in GMC 5.05.050 shall be accompanied by such credentials and other evidence of the good moral character and identity of each peddler as may be reasonably required by the town clerk. [Ord. 892 § 1 (Exh. A), 2018; amended during 2011 recodification; Ord. 711 § 2, 2008. Code 1999 § 9-1-6].
5.05.070 Fingerprints required for peddlers, optional for solicitors and canvassers.
Repealed by Ord. 892. [Amended during 2011 recodification; Ord. 711 § 2, 2008. Code 1999 § 9-1-7].
5.05.080 Investigation – Character and business responsibility – Issuance or denial of permit.
(a) The original copy of the application for a peddler or mobile vendor permit, or for informational registration by a solicitor or canvasser, shall be referred to the chief of police, who shall promptly make an investigation of the applicant’s character and business responsibility by any means available. Investigation shall be completed within seven business days of the referral. Upon completion, the chief of police shall forward the results of the investigation, together with a recommendation for approval or denial, to the town clerk or the town clerk’s designee.
(b) The town clerk or the town clerk’s designee shall deny the permit required by this chapter under the following conditions:
(1) The applicant was convicted of any act which, committed by a permittee, would be grounds for suspension or revocation of a permit.
(2) The applicant was convicted of a misdemeanor or felony within the previous 10 years directly related to the occupation of peddler, mobile vendor, or solicitor, including but not limited to misdemeanors or felonies involving fraud or misrepresentation.
(3) The applicant previously was refused a permit under the provisions of this chapter; provided, however, any applicant denied a permit under the provisions of this chapter may reapply if and when the reason for denial no longer exists.
(4) The applicant made any false or misleading statement in the application.
(5) The employer of an applicant for a peddler, mobile vendor, and solicitor’s permit does not hold a valid town of Granby sales tax license or state standard retail license.
(c) The town clerk or the town clerk’s designee shall issue a peddler, or mobile vendor, or solicitor, or canvasser permit and the photo identification card to all applicants within five business days of his receipt of the application, unless the town clerk or the town clerk’s designee denies the permit for the criteria stated in this section. Notice of denial of the permit shall be sent by certified mail, return receipt requested, to the address contained in the application and shall state the reasons for the denial. [Ord. 981 § 3, 2023; Ord. 892 § 1 (Exh. A), 2018; amended during 2011 recodification; Ord. 711 § 2, 2008. Code 1999 § 9-1-8].
5.05.100 Permit to be carried on person.
Each peddler, mobile vendor, solicitor or canvasser shall retain in their possession the permit issued by the town clerk or town clerk’s designee. At all times, when engaged in the business of peddling, or when engaged in the activity of soliciting or canvassing within the town, a permittee must produce and show the permit to any person or to any police officer or official of the town when demanded. No person issued a permit shall alter, remove or obliterate any entry made thereon, nor deface such permit in any way. Each permit shall be personal and not assignable or transferable, nor shall any permit be used by any person other than the person to whom it was issued. [Ord. 981 § 4, 2023; Ord. 892 § 1 (Exh. A), 2018; amended during 2011 recodification; Ord. 711 § 2, 2008. Code 1999 § 9-1-10].
5.05.110 Conditions and regulations.
The following conditions and regulations shall also apply to the exercises of the privileges granted by a peddler permit issued under the provisions of this chapter in addition to those set forth in other parts of this chapter or elsewhere in this code:
(a) Shouting – Calling Wares. No person acting under authority of any permit issued under this chapter shall shout or call his wares in a loud, boisterous or unseemly manner, or to the disturbance of citizens or dwellers in the town.
(b) Identification by Comparing Signature with That on Permit. Every peddler, upon the request of any police officer or other officer of the town, shall sign his name for comparison with the signature upon the permit or card or the signature upon the permit application.
(c) Order to Be Written in Duplicate. Any person acting under authority of any permit issued under this chapter who solicits orders for future delivery shall write each order at least in duplicate, plainly stating the quantity of each article or commodity ordered, the price to be paid therefor, the total amount ordered and the amount to be paid on or after delivery. One copy of such order shall be given to the customer.
(d) Identification Upon Request. Every peddler shall, upon request, provide his/her name, business address and telephone number, and the name, business address and telephone number of the person, organization, or entity represented.
The following regulations shall apply to all mobile vendors:
(a) All locations approved for the placement and operation of mobile food vending must maintain a minimum distance of 100 feet from any building housing an established licensed eating and drinking establishment.
(b) Signage. All signs advertising for the mobile vendor must meet the following requirements:
(1) Sandwich board signs are allowed during operating hours. No signage can be erected or maintained on town or state right-of-way.
(2) Mobile food vendors are prohibited from using right-of-way signs and off-premises signs.
(c) A mobile vendor shall at no time utilize outdoor storage.
(d) The area within which a mobile vendor is operating shall at all times be kept clean and free from litter, garbage, rubble and debris.
(e) Mobile food vendors must provide a trash receptacle within 10 feet of the mobile vending unit.
(f) Mobile vendors are allowed to operate on private property only within the following zoning districts:
(1) Central business (CB) district and highway general business (HGB) district. [Ord. 892 § 1 (Exh. A), 2018; Ord. 711 § 2, 2008. Code 1999 § 9-1-11].
5.05.120 Revocation of a permit.
(a) A permit issued under this chapter may be suspended or revoked by the town clerk for any of the following causes:
(1) Fraud, misrepresentation, or false statements contained in the application for a permit;
(2) Fraud, misrepresentation, or false statements made in the course of carrying on his business as a peddler;
(3) Any violation of this chapter;
(4) Conviction of any crime or misdemeanor involving moral turpitude; or
(5) Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
(b) This section shall be self-executing and the suspension or revocation shall be effective immediately. The town clerk shall give notice of the suspension or revocation of a permit and sufficient notice shall be given if mailed or delivered to the permittee at his last known local address by certified mail, return receipt requested. [Ord. 892 § 1 (Exh. A), 2018; amended during 2011 recodification; Ord. 711 § 2, 2008. Code 1999 § 9-1-12].
5.05.130 Appeals to board of trustees.
In the event that any person desires to appeal any order, revocation, or ruling of the town clerk, the chief of police, or any other officer of the town made under the provisions of this chapter, such aggrieved person shall file written notice of such appeal with the town clerk and such matters shall be heard at the next regular meeting of the board of trustees. The board of trustees shall hear and receive evidence, written and oral, upon all matters involved and render a decision upholding, vacating or modifying the order, revocation or ruling. The decision of the board of trustees shall be in writing and considered final. [Ord. 892 § 1 (Exh. A), 2018; amended during 2011 recodification. Ord. 711 § 2, 2008. Code 1999 § 9-1-13].
5.05.140 Peddling, mobile food vending, soliciting, or canvassing unlawful where “no peddlers or solicitors” sign posted.
It is unlawful for any person described in GMC 5.05.020 to perform or attempt to perform the acts described in this chapter by ringing the doorbell, or knocking at the door, or otherwise calling attention to his presence at any residence whereon a sign bearing the words “No Peddlers or Solicitors,” or words of similar import, is painted or affixed so as to be exposed to public view. No such person
described in GMC 5.05.020 shall perform or attempt to perform any of the acts described in this chapter in any building, structure, or place of business whereon or wherein a sign bearing the words “No Peddlers or Solicitors,” or words of similar import, is painted or affixed so as to be exposed to public view. [Ord. 892 § 1 (Exh. A), 2018; Ord. 711 § 2, 2008. Code 1999 § 9‑1‑14].
5.05.150 No visit list.
The town clerk shall maintain a list of persons within the town who wish to restrict visits to their residential property (including their leasehold, in the case of a tenant) by peddlers, solicitors, or canvassers. A copy of the no visit list shall be provided to each peddler, solicitor, or canvasser. It shall be the responsibility of all canvassers to obtain a copy of the current no visit list. [Ord. 892 § 1 (Exh. A), 2018; amended during 2011 recodification; Ord. 711 § 2, 2008. Code 1999 § 9-1-15].
5.05.160 General prohibitions.
No peddler, solicitor or canvasser shall:
(a) Enter upon any private property where the property has clearly posted in the front yard a sign visible from the right-of-way (public or private) indicating a prohibition against peddling, soliciting and/or canvassing. Such signs need not exceed one square foot in size and may contain words such as “No Peddlers or Solicitors,” or words of similar import, in letters of at least two inches in height. The phrase “No Peddlers or Solicitors,” or words of similar import, shall also prohibit canvassers.
(b) Remain upon any private property where a notice in the form of a sign or sticker is placed upon any door or entranceway leading into the residence or dwelling at which guests would normally enter, and which contains the words “No Peddlers or Solicitors,” or words of similar import, and which is clearly visible to the peddler, solicitor or canvasser.
(c) Enter upon any private property where the current occupant has posted the property on the town’s no visit list regardless of whether a front yard sign or door sign is posted.
(d) Use or attempt to use any entrance other than the front or main entrance to the dwelling, or step from the sidewalk or indicated walkway (where one exists) leading from the right-of-way to the front or main entrance, except by express invitation of the resident or occupant of the property.
(e) Remove any yard sign, door or entrance sign that gives notice to such person that the resident or occupant does not invite peddlers, solicitors, or canvassers.
(f) No person conducting the activities of a peddler, solicitor, or canvasser shall enter upon any private residence, knock on doors, ring doorbells or otherwise disturb persons in their residences between the hours of 7:00 p.m. and 9:00 a.m.
It shall be an affirmative defense to any violation of this section that the peddler, solicitor, or canvasser has an express invitation from the resident or occupant of a dwelling allowing him to enter upon any posted property. [Ord. 892 § 1 (Exh. A), 2018; Ord. 711 § 2, 2008. Code 1999 § 9-1-16].
5.05.170 Distribution of handbills and commercial flyers.
In addition to the other regulations contained herein, a solicitor or canvasser leaving handbills or commercial flyers about the community shall observe the following regulations:
(a) No handbill or flyer shall be left at or attached to any sign, utility pole, transit shelter, or other structure within the public right-of-way.
(b) No handbill or flyer shall be left at or attached to any privately owned property in a manner that causes damage to such privately owned property.
(c) No handbill or flyer shall be left at, or attached to, any of the property: (1) listed on the town no visit list; or (2) having a “no solicitor” sign of the type described in GMC 5.05.140.
(d) Any person observed distributing handbills or flyers shall be required to identify themselves to the police. This is for the purpose of knowing the likely identity of the perpetrator if the town receives a complaint of damage caused to private property during the distribution of handbills or flyers. [Ord. 892 § 1 (Exh. A), 2018; Ord. 711 § 2, 2008. Code 1999 § 9-1-17].
5.05.180 Exceptions.
This chapter shall not apply to a federal, state or local government employee or a public utility employee in the performance of his/her duty for his/her employer. [Ord. 892 § 1 (Exh. A), 2018; Ord. 711 § 2, 2008. Code 1999 § 9-1-18].
5.05.190 Penalty assessments.
In the event an individual or entity violates the provisions of this chapter, such individual or entity shall be assessed a penalty for such infraction in the following amounts:
(a) First infraction: $50.00;
(b) Second infraction: $100.00;
(c) For a third infraction and all infractions thereafter, a summons shall be issued requiring an appearance in municipal court. Upon conviction of a third or subsequent infraction, the violator may be assessed a penalty of up to $2,650. Each incident of seeking to peddle at a residence without specific invitation shall constitute a separate and distinct offense.
Such penalty assessment proceedings for violating this chapter shall be in addition to proceeding to revoke the license as set forth in GMC 5.05.120. [Ord. 892 § 1 (Exh. A), 2018; Ord. 808 § 1, 2014; Ord. 711 § 2, 2008. Code 1999 § 9-1-19].