CHAPTER 407
ITINERANT VENDORS

Table of Contents

Sec. 21-27. Definitions and exceptions.
Sec. 21-28. Itinerant vendor license. Managing itinerant vendor license. Application. License fee. Itinerant Vendor Guaranty Fund fee. Conspicuous display in printed advertisements of license number and name under which license issued. List of participating vendors. Participating vendors deemed agents. Violations.
Sec. 21-29. Municipal license.
Sec. 21-30. Resident veteran licensed without fee.
Sec. 21-31. Duration of license; cancellation.
Sec. 21-32. Lost state license.
Sec. 21-33. Sworn statement before advertising special sale.
Sec. 21-33a. Regulations.
Sec. 21-33b. Connecticut Itinerant Vendors Guaranty Fund. Funding claims. Regulations.
Sec. 21-34. Action against itinerant vendor may be continued.
Sec. 21-35. Penalty for sale without license.

      Sec. 21-27. Definitions and exceptions. As used in this chapter, "itinerant vendor" means any person, whether principal or agent, who engages in a temporary or transient business in this state, either in one locality or in 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" means 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" means and includes 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. No itinerant vendor shall be relieved or exempted from the provisions and requirements of this chapter by reason of associating himself temporarily with any local dealer, auctioneer, trader or merchant, or by conducting such temporary or transient business in connection with or in the name of any local dealer, auctioneer, trader or merchant. The provisions of this chapter shall not apply to sales made to dealers by commercial travelers or selling agents in the usual course of business, or to bona fide sales of goods, wares and merchandise by sample for future delivery, or to hawkers on the streets or peddlers from vehicles, or to 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, or to 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 of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, or to tag sales or garage sales on premises devoted to residential use and where permitted by local law.

      (1949 Rev., S. 4675; 1953, S. 2334d; November, 1955, S. N202; P.A. 76-304, S. 1; P.A. 91-184, S. 1.)

      History: P.A. 76-304 exempted tag sales or garage sales on residential premises and where permitted by local law and deleted references to closing-out sales; P.A. 91-84 added definition of "managing itinerant vendor" and exempted any "governmental entity or any corporation which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended" from provisions of chapter.

      See Sec. 21a-70b re sales of drugs at flea markets.

      Former statute held not to apply to one having fixed place of business; 65 C. 287; and held unconstitutional. 65 C. 478. Present act held constitutional; does not apply to single transaction. 77 C. 326.

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      Sec. 21-28. Itinerant vendor license. Managing itinerant vendor license. Application. License fee. Itinerant Vendor Guaranty Fund fee. Conspicuous display in printed advertisements of license number and name under which license issued. List of participating vendors. Participating vendors deemed agents. Violations. (a) Each itinerant vendor or managing itinerant vendor shall obtain a license from the Department of Consumer Protection prior to conducting business in this state. Application for such license shall be made on a form prescribed by the Commissioner of Consumer Protection and the commissioner shall require as a condition to the issuance and renewal of any license obtained under this chapter that the application for such license shall be accompanied by a license fee of one hundred dollars, together with a fee of one hundred dollars payable to the Itinerant Vendor Guaranty Fund established in section 21-33b. Such license shall authorize the licensee to do business in this state in conformity with the provisions of this chapter for the term of one year from the date thereof. Each license shall set forth a copy of the application upon which it is granted and shall not be transferable. Each itinerant vendor or managing itinerant vendor licensed under this chapter shall display in a conspicuous manner in all printed advertisements, the license number and the name under which the license is issued. Any license obtained, held or used in violation of law shall be void. All applications for state licenses shall be sworn to, shall disclose the names and residences of the owner or owners or parties in whose interest the business is to be conducted, and shall be kept on file by the commissioner, and a record shall be kept by him of all licenses issued upon such applications. All files and records, both of the commissioner and of the several towns, cities and boroughs, relative to such licenses shall be in convenient form and open for public inspection.

      (b) At least ten days prior to the commencement of any organized show of itinerant vendors, each managing itinerant vendor shall submit a list of participating vendors to the commissioner, together with any other information which the commissioner may prescribe. The list of participating itinerant vendors in each show shall be maintained by the managing itinerant vendor for a period of one year and shall be made available to the commissioner within ten days of a written request by the commissioner.

      (c) For the purposes of this chapter, any itinerant vendor who participates in any show under the direction and control of a managing itinerant vendor, shall be deemed to be an agent of the managing itinerant vendor and shall not be required to obtain an individual itinerant vendor license.

      (d) The commissioner, after providing notice and conducting a hearing in accordance with the provisions of chapter 54, may revoke, suspend or refuse to issue an itinerant vendor license or a managing itinerant vendor license to any person who (1) engages in conduct of a character likely to mislead, deceive or defraud the public or the commissioner; (2) engages in any untruthful or misleading advertising; or (3) violates any provision of the general statutes relating to this chapter or any regulation adopted pursuant to section 21-33a or 42-110b.

      (1949 Rev., S. 4676; 1959, P.A. 117, S. 1; 1961, P.A. 265, S. 1; P.A. 76-304, S. 2; P.A. 91-184, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1.)

      History: 1959 act placed responsibilities re license on tax commissioner rather than state treasurer; 1961 act substituted commissioner of consumer protection for tax commissioner; P.A. 76-304 changed deposit from five hundred to one thousand dollars and deleted prohibition on more than one state license per person; P.A. 91-184 divided section into Subsecs., deleted provision re one-thousand-dollar special deposit, added provisions re licensing of itinerant vendors and managing itinerant vendors and re a fee to be paid to the newly-created itinerant vendor guaranty fund, required that licensees display in a conspicuous manner in all printed advertisements the license number and the name under which the license was issued and that a list of participating vendors be submitted to the commissioner by each managing itinerant vendor at least ten days before the start of any organized show, specified that vendors selling "under the direction and control of a managing itinerant vendor" would be considered agents of the managing vendor and would not be required to obtain individual vendor licenses and authorized commissioner to revoke, suspend or refuse to issue licenses; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Provision for deposit upheld. 77 C. 326.

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      Sec. 21-29. Municipal license. Before selling under the state license prescribed in section 21-28 in any town, city or borough, each itinerant vendor shall make application for a municipal license to the selectmen or other authority of such town, city or borough authorized to issue licenses therein; and, unless the fee therefor is fixed as herein provided, shall file with them a true statement, under oath, of the average quantity and value of the stock of goods, wares and merchandise kept or intended to be kept or exposed by him for sale. Such selectmen or other authority shall submit such statement to the assessors of the town, who, after such examination and inquiry as they deem necessary, shall determine such average quantity and value, and shall forthwith transmit a certificate thereof to such selectmen or other authority. Thereupon such selectmen or other authority shall authorize the town clerk, upon the payment by the applicant of a fee equal to the taxes assessable in such town, city or borough under the last-preceding tax levy therein upon an amount of property of the same valuation, to issue to him a license authorizing the sale of such goods, wares and merchandise in such municipality. Such authority may authorize the issue of such license without the filing of such statement, upon the payment of a license fee fixed by it. Upon payment of such fee, such town clerk shall issue such license, which shall remain in force as long as the licensee continuously keeps and exposes for sale in such municipality such stock of goods, wares or merchandise, but not later than the first day of October following its date. Upon such payment and proof of payment of all other license fees, if any, chargeable upon local sales, such town clerk shall record the state license of such transient vendor in full, shall endorse thereon the words "local license fees paid" and shall affix thereto his official signature and the date of such endorsement.

      (1949 Rev., S. 4677.)

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      Sec. 21-30. Resident veteran licensed without fee. No town, city or borough shall require a license 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 license and who is a veteran who served in time of war, as defined by section 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 section. Each such town, city or borough may defer issuance of such license for a period not to exceed seven days for the purpose of investigation. Each such veteran engaged in any of said occupations shall produce his 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 section 12-93, for inspection, together with a certificate from the town clerk that the applicant is a resident of the state, upon the demand of any proper officer of any town, city or borough in which he is pursuing any of said occupations and, if he fails to do so, he shall not be entitled to any privilege under this section. Any person who makes a false representation for the purpose of availing himself of the privilege of this section shall be fined not more than twenty-five dollars.

      (1949 Rev., S. 4681; 1957, P.A. 163, S. 37.)

      Postage stamps are goods, wares and merchandise; resident veteran entitled to sell them without a license. 14 CS 164.

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      Sec. 21-31. Duration of license; cancellation. All state licenses issued under section 21-28 shall expire one year from the date thereof, and may be, if so desired, surrendered at any time prior thereto for cancellation, and no local license shall continue for a longer term than the unexpired period of the state license under which it is issued. Upon the expiration and return or surrender of each state license, the Commissioner of Consumer Protection shall cancel the same, endorse the date of delivery and cancellation thereon and place the same on file.

      (1949 Rev., S. 4679; 1959, P.A. 117, S. 2; 1961, P.A. 265, S. 2; P.A. 95-135, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: 1959 act placed responsibility re licenses on tax commissioner rather than state treasurer; 1961 act substituted commissioner of consumer protection for tax commissioner and deleted obsolete reference to fine or penalty imposed by trial justice; P.A. 95-135 deleted provisions re special deposits; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 21-32. Lost state license. Whenever any state license issued under the provisions of section 21-28 has been lost or destroyed, so that such license cannot, after the expiration of the term thereof, be exhibited or surrendered under the provisions of section 21-31, the licensee therein, subject to such regulations as the Commissioner of Consumer Protection prescribes, may file his affidavit with the commissioner describing such license with sufficient particularity to identify the same and the claimant thereunder, and showing such loss or destruction; and the commissioner, upon such proof of loss and identity as is satisfactory to him, may accept such affidavit in lieu of the return or surrender of such license.

      (1949 Rev., S. 4680; 1959, P.A. 117, S. 3; 1961, P.A. 265, S. 3; P.A. 95-135, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: 1959 act placed authority to prescribe regulations in tax commissioner rather than state treasurer; 1961 act substituted commissioner of consumer protection for tax commissioner; P.A. 95-135 deleted provision re licensee's right to return of special deposit; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 21-33. Sworn statement before advertising special sale. No itinerant vendor or managing itinerant vendor shall advertise, represent or hold forth any sale as an insurance, bankrupt, insolvent, assignee's, trustee's, executor's, administrator's, receiver's, wholesale or manufacturer's sale, or as a sale of any goods damaged by smoke, fire, water or otherwise, or in any similar form, unless, before so doing, he states under oath to the Commissioner of Consumer Protection, either in the original application for a state license or in a supplementary application subsequently filed, and copied on the license, all the facts relating to the reasons and character of such special sale so advertised or represented, including the opening and terminating date of the proposed sale, a complete inventory of the goods, wares and merchandise actually on hand in the place where such sale is to be conducted at the opening thereof, a statement of the names of the persons from whom the goods, wares and merchandise were obtained, the date of delivery to the person applying for the license, the place from which such goods, wares and merchandise were last taken and all details necessary to locate exactly and identify fully the goods, wares and merchandise to be sold. Any false statement in an application, either original or supplementary, for a license and any failure on the part of any licensee to comply with all the requirements of this section shall subject such itinerant vendor or managing itinerant vendor to a fine of not more than fifty dollars or imprisonment of not more than sixty days or both.

      (1949 Rev., S. 4678; November, 1955, S. N203; 1959, P.A. 117, S. 4; 1961, P.A. 265, S. 4; P.A. 76-304, S. 3; P.A. 91-184, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: 1959 act provided for tax commissioner rather than state treasurer to take vendor's oath; 1961 act substituted commissioner of consumer protection for tax commissioner; P.A. 76-304 deleted references to closing-out sales; P.A. 91-184 applied provisions to managing itinerant vendors; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 21-33a. Regulations. The Commissioner of Consumer Protection may adopt and promulgate such regulations as he finds necessary to administer and enforce the provisions of sections 21-27, 21-28, 21-32 and 21-33.

      (P.A. 76-304, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 21-33b. Connecticut Itinerant Vendors Guaranty Fund. Funding claims. Regulations. (a) The Commissioner of Consumer Protection shall establish and maintain the Connecticut Itinerant Vendors Guaranty Fund in accordance with the provisions of this section.

      (b) Any itinerant vendor or managing itinerant vendor who receives a license pursuant to section 21-28, shall pay a fee of one hundred dollars annually to the guaranty fund. Such fund shall be used to satisfy consumer claims against a licensed itinerant vendor or licensed managing itinerant vendor. In no event shall any payment out of said guaranty fund be in excess of five hundred dollars for any single consumer claim. No claim for payment from the guaranty fund shall be accepted by the commissioner more than six months after the date of the transaction giving rise to such claim.

      (c) The commissioner shall proceed upon such consumer claim and shall hold a hearing in accordance with the provisions of chapter 54. Notwithstanding the provisions of said chapter 54, the decision of the commissioner shall be final with respect to such consumer claim. The commissioner may hear consumer claims of all buyers submitting claims against a single itinerant vendor or managing itinerant vendor in one proceeding.

      (d) Payments received under subsection (b) of this section shall be credited to the guaranty fund whenever the fund balance is less than fifty thousand dollars. Money in the fund may be invested or reinvested in the same manner as funds of the state employees retirement system, and the interest derived from such investments shall be credited to the guaranty fund whenever the fund balance is less than fifty thousand dollars. Any such payments or interest not deposited in the guaranty fund shall be credited to the General Fund.

      (e) The commissioner may adopt regulations in accordance with chapter 54 to carry out the purposes of this section.

      (P.A. 91-184, S. 5; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 21-34. Action against itinerant vendor may be continued. If any person prosecuted for doing business in violation of any of the provisions of this chapter claims or testifies upon his trial that he has commenced such business with a bona fide intent to conduct the same as a permanent business in the place where he has commenced the same, the court before which such action is being prosecuted may, in its discretion, continue such action from time to time, not exceeding in the whole one year, taking a sufficient bond from the accused in a sum not exceeding five hundred dollars, conditioned for the appearance of the accused at the trial of such action so continued, and, at the continued trial of such action, evidence may be introduced of any act, fact, admission or circumstance arising since the institution of such action and affecting such claim or testimony of the intent of the accused.

      (1949 Rev., S. 4682.)

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      Sec. 21-35. Penalty for sale without license. Any itinerant vendor or managing itinerant vendor who sells or exposes for sale, at public or private sale, any goods, wares or merchandise without state and local licenses therefor, issued as provided in sections 21-28 and 21-29, shall be fined not more than fifty dollars or imprisoned not more than sixty days or both.

      (1949 Rev., S. 4676; P.A. 91-184, S. 4.)

      History: P.A. 91-184 applied provisions of section to managing itinerant vendors.

      Provision for deposit upheld. 77 C. 326.

      Cited. 9 CA 255.

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