2015 Connecticut General Statutes
Title 21 - Licenses
Chapter 407 - Itinerant Vendors
Section 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 two hundred dollars, together with a fee of two 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; June Sp. Sess. P.A. 09-3, S. 277.)

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 $500 to $1,000 and deleted prohibition on more than one state license per person; P.A. 91-184 divided section into Subsecs., deleted provision re $1,000 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; June Sp. Sess. P.A. 09-3 amended Subsec. (a) to increase fees from $100 to $200.

Provision for deposit upheld. 77 C. 326.