Select Board
Town of Arlington, Vermont
Ordinance #
Mobile Vendor License
Pursuant to Part 9, Section 2291, Chapter 61, Title 24 of the Vermont Statutes Annotated, [f]or the purpose of promoting the public health, safety, welfare, and convenience, a town, city, or incorporated village shall have the following powers: […] To license or regulate itinerant vendors, peddlers, door-to-door salesmen, and those selling goods, wares, merchandise, or services who engage in a transient or temporary business, or who sell from an automobile, truck, wagon, or other conveyance, excepting persons selling fruits, vegetables, or other farm produce.
Be it enacted and ordained by the Select Board, Town of Arlington, Bennington County, Vermont, as follows:
Section 1. All itinerant vendors, peddlers, door-to-door salesmen, and those selling goods, wares, merchandise, or services who engage in a transient or temporary business, or who sell from an automobile, truck, wagon, or other conveyance, excepting persons selling fruits, vegetables, or other farm produce, are required to obtain a license.
Section 2. Application for license. Any person desiring a license pursuant to Section 1 of this ordinance shall file an application supplied by the Select Board or its designated agent. [NZ1] Failure to truthfully supply all required information shall invalidate the application.
Section 3. Required contents of the application
- Name, permanent address, mobile phone number, and email address
- Name of business
- Description of type of business to be conducted
- Description of any vehicle(s) to be used
- Copy of driver’s license
- Name of franchisor or employer (if not self-employed)
- Whether the applicant currently holds permission from any other Vermont municipality for a business permitted or licensed under 24 V.S.A. § 2291
- Whether applicant has ever been denied a permit or license in any other municipality for a business permitted or licensed under 24 V.S.A. § 2291
- Whether the applicant agrees to obtain and document written permission from all property owners on whose property they will offer services
- Whether the applicant agrees to obtain a Vermont business license and any other relevant state permissions prior to conducting business as allowed under this license.
Section 4 Issuance of license
- Upon approval by the Select Board, a designated agent [NZ2] of the Board shall issue all licenses and keep necessary records thereto.
- [NZ3]
- [NZ4] A copy or image of the license shall be made available on request of any town staff or official.[NZ5]
Section 5. Term of the license
- A license shall be issued for a term not to exceed two years.
- Any changes to the business that would render the information submitted in the application for said license invalid shall immediately be brought to the attention of the Select Board for reconsideration of said license.
Section 6. Number of active vendor licenses and fees
- The Arlington Select Board shall implement a policy dictating the total allowable number of vendor licenses active at a given time. The Select Board shall revise this number from time to time.
- The Arlington Select Board shall implement a policy dictating the fee for vendor licenses. The Select Board shall revise this fee from time to time.
Section 7. Rules and regulations
- No person or vehicle shall stand or be parked in a fixed location for the purpose of engaging in mobile vending on any property where to do so causes a crowd, impedes vehicular or pedestrian traffic, or produces excessive disturbance [NZ6] to nearby properties.
- Licensed vendors operating in locations without provided trash facilities shall furnish a means of disposal for trash resulting from vending activities[NZ7]
Section 8. License Revocation and Suspension
- Licenses issued under this ordinance may be revoked by the Arlington Select Board for any of the following causes
- Fraud, misrepresentation or false statement on the application for license
- Fraud, misrepresentation or dales statement in the course of carrying out business in the Town of Arlington
- Any violation of this ordinance
- Fraud, misrepresentation or false statement on the application for license
- Notice of the hearing for revocation shall be given in writing setting forth the specific grounds for the complaint and time and place of hearing.
- Such licensee may, pending revocation proceedings, be suspended for not more than ten days by the Arlington Select Board if they vote to deem the conduct of the licensee detrimental to the health and safety of the Town.
Date of Approval by the Arlington Select Board
Daniel Harvey, Chairman
Matthew Bykowski
Cynthia Browning
Todd Wilkins
Glenn Sherman
[NZ1]Transfers duty of administration from Clerk to Board staff
[NZ2]Again, lower admin burden on Clerk
[NZ3]Lets any failed businesses transfer the equipment and license with permission of the Board.
[NZ4]Change: Employees don’t need a separate license. That’s needlessly burdensome. Just require they know the rules and have a digital copy in their email
[NZ5]Dropped trivial fees. Fee should either be $50 on successful licensure or $0.
[NZ6]Replaced language in (a) and (c) with this more-clear standard
[NZ7]Trash rule revised to address the problem specifically
[NZ8]Cleaned up, made less ambiguous