Sec. 21-37. Town ordinances re vending, hawking or peddling. Fees. Permit fees not required of certain veterans.
Sec. 21-37. Town ordinances re vending, hawking or peddling. Fees. Permit
fees not required of certain veterans. Any town may make reasonable ordinances with
reference to the vending or hawking upon its public streets or upon any state highway,
except limited access highways, within such town or any land abutting such streets or
highways of any goods, wares or other merchandise at public or private sale or auction,
or to the vending or peddling of such articles from house to house within its limits,
including the imposition of a fee, not exceeding two hundred dollars a year, applicable
with respect to any person engaged in such vending, hawking or peddling, for the privilege of so vending, hawking or peddling such merchandise. Any ordinance adopted
pursuant to this section which requires a permit may require that no such permit shall
be issued to any person who has not obtained a permit to engage in or transact business
as a seller within the state in accordance with section 12-409 and shall require that any
permit issued pursuant to such ordinance shall be conspicuously displayed at the place
the activities are undertaken. Such ordinances may provide that the authority issuing
such permit may waive the permit fee for a nonprofit organization exempt from federal
taxation by Section 501 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, or
a charitable organization. No town shall require a permit fee from any resident of this
state who has resided within the state for a period of two years next preceding the date
of application for such permit, who is (1) a veteran who served in time of war, as defined
in section 27-103, (2) a hawker or peddler as defined in section 21-36, and (3) a principal
pursuant to section 21-36. This section shall not apply to sales by farmers and gardeners
of the produce of their farms, gardens and greenhouses, including fruit, vegetables and
flowers, or to the sale, distribution and delivery of milk, teas, coffees, spices, groceries,
meats and bakery goods, to sales on approval, to conditional sales of merchandise, or
to the taking of orders for merchandise for future delivery when full payment is not
required at the time of solicitation. Nothing in this section shall be construed to limit in
any manner the Commissioner of Transportation's statutory authority concerning state
highways. Nothing in this section shall be construed as empowering any municipality
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.
(1949 Rev., S. 4684; 1957, P.A. 13, S. 91; P.A. 79-545; P.A. 84-289; P.A. 93-435, S. 88, 95; P.A. 95-281, S. 1; P.A.
02-137, S. 7.)
History: P.A. 79-545 raised from $25 to $250 limit on fee which may be imposed, applicable to any "person" rather
than "team or vehicle" and exempted the taking of orders for merchandise for future delivery when full payment not
required at time of solicitation; P.A. 84-289 inserted references to town control, and limits on town control, on state
highways, provided that permits be issued only to persons with sales tax permits and that permits issued pursuant to this
section be displayed; P.A. 93-435 specifically excluded from applicability of section sales of produce of greenhouses,
including fruit, vegetables and flowers, effective June 28, 1993; P.A. 95-281 reduced fee cap to $200 and granted the issuing
authority the power to waive the permit fee for nonprofit organizations (Revisor's note: A reference to "Transportation
Commissioner's" authority was changed editorially by the Revisors to "Commissioner of Transportation's" authority for
consistency with customary statutory usage); P.A. 02-137 provided that no town shall require a permit fee from certain
veterans.
Ordinance must be reasonably definite and fee reasonable. 67 C. 29. Power to license lawful business to be strictly
construed; milk dealers. Id., 541. Licensing of fruit peddlers by city ordinance upheld. 80 C. 478. Cited. 203 C. 14.
Cited. 4 CA 261.