Windsor Municipal Code Art. 2 License; Application

Before any person shall engage in the business of buying or selling old iron, brass, copper, tin, lead, rags or other junk, whether at a fixed place of business or as an itinerant peddler, he shall make an application to and obtain from the Treasurer-Tax Collector of the Town a license to engage in such business.

The application for a license as provided for by Section 3-16-200 shall be referred to the Chief of Police who shall make investigation concerning the character of the applicant and shall report thereon to the Treasurer-Tax Collector. The Chief of Police, to make such investigation, shall obtain from the Department of Criminal Investigation and Identification of the State a report of criminal convictions of the applicant. Such application shall also be referred to the Planning Director of the Town, who shall make an investigation concerning the applicant's compliance with the provisions of Article 3, as amended, as regards the establishment, maintenance or operation of any junk yard or shop in connection with the application, and shall report thereon to the Treasurer-Tax Collector.

Upon receiving such reports, the Treasurer-Tax Collector shall grant or deny the applicant a license to engage in such business; and such license shall be granted unless it shall appear from such report of the Chief of Police that the applicant has been convicted of a felony or of any crime involving moral turpitude, or unless it shall appear from such report of the Planning Director that the establishment, maintenance or operation of a junk shop or junk yard in connection with the approval of such application and the granting of such license would violate the applicable provisions of this Chapter 16, as amended. Nothing in this chapter shall be construed as authority for any license to engage in any unlawful business or act or to fail to comply with other provisions of this Code and applicable ordinances of the Town.

Any person whose application for a license as required by this chapter has been refused by the Treasurer-Tax Collector shall have the right within thirty (30) days after such application has been refused to appeal from the action of the Treasurer-Tax Collector to the Town Council by written notice of appeal filed with the Clerk of the Council, and it shall be the duty of the Town Council at a regular meeting within thirty (30) days after such written notice of appeal has been received to hear such appeal and evidence upon the same and to sustain or to overrule the actions of the Treasurer-Tax Collector. The decision of the Town Council shall be final. In the event the action of the Treasurer-Tax Collector shall be overruled by the Town Council, it shall be the duty of the Treasurer-Tax Collector forthwith to issue the license applied for.

Every person buying or selling or collecting junk and maintaining or operating a junk shop or junk yard or an established business in this Town shall hereby be classified as a junk dealer and shall pay a license fee to the Town in an annual amount established by resolution of the Town Council payable in advance; provided, however, that nothing in this chapter shall excuse any person, whether or not licensed as a junk dealer or itinerant junk peddler by this Town from the requirements of Section 3-16-320.

Every person engaged in the business of buying or soliciting junk as an itinerant junk peddler shall hereby be classified as itinerant junk peddler and shall pay a fee to the Town in an annual amount established by resolution of the Town Council, payable per annum in advance.

The Town Council may revoke or suspend the license of any person who violates any of the provisions of this chapter. Upon its own motion or upon the filing of a verified complaint in writing charging any licensee under this chapter with the commission within one (1) year prior to the date of filing such complaint of any act or omission which is cause for suspension or revocation of a license, the Town Council shall forthwith issue a citation directing the licensee within ten (10) days after service of the citation upon his/her to appear by filing with the Town Council his/her verified answer to the complaint showing cause, if any he/she has, why his/her license should not be suspended or revoked. Service of the citation upon the licensee shall be fully effected by mailing a true copy thereof together with a true copy of the complaint by United States registered mail in a sealed envelope with postage fully prepaid thereon addressed to the licensee at his/her latest address of record in the office of the Treasurer-Tax Collector.

At the time fixed for appearance or at the date to which the appearance may be continued by the Town Council, such Council may hear the holder of the license and shall hear statements from other persons who may attend the hearing and present reasons why the license should not be revoked or suspended, and may, if it so desires, place under oath and question any person before it; provided that the Town Council may close the hearing when it is convinced that no public good will result from its continuance.

At the close of the hearing, or at any time within thirty (30) days thereafter, the Town Council shall determine from the facts produced from the hearing and from any other facts in its possession whether or not the license should be suspended or revoked and shall make its order accordingly and may make such order conditional upon the doing or not doing of any act by the holder of the license or his/her agents or servants, which the Town Council deems for the public good.

Failure of the licensee to answer shall be deemed an admission by him/her of the commission of the act or acts charged in the complaint and thereupon, without further hearing, the Town Council shall have the power to forthwith suspend or revoke the license.

Upon revocation of this license no part of the money in the hands of the Treasurer-Tax Collector shall be returned or refunded but such license fee shall be forfeited to the Town.

Written notice of such revocation or suspension shall be given to the Treasurer-Tax Collector by the Town Clerk within five (5) days after such action by the Town Council.