[HISTORY: Adopted City of Norwalk Common Council 3-14-1989.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Auctions — See Ch. 18.
Going-out-of-business sales — See Ch. 53.
Soliciting in parks — See Ch. 74.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 77. Peddlers and Solicitors, adopted 5-14-1957, effective
5-25-1957, as amended.
For the purposes of this chapter, the following terms shall
have the meanings set forth below:
Any person, whether principal or agent, who on any public
street or sidewalk or in any public place sells or barters or offers
to sell or barter; or carries or exhibits for sale or barter any goods,
wares or merchandise, either on foot or from a vehicle, basket, stand,
container or similar equipment or device. For the purposes of this
chapter, the words "peddler" and "street vendor" shall be interchangeable.
Any street, sidewalk, alley or other public way, any public
park, square, space or grounds, any publicly owned or leased land
or buildings.
That part of the public highway set aside for pedestrian
traffic.
That part of the public highway set aside for vehicular traffic.
Any wheeled vehicle or device, other than a motor vehicle,
used by a street vendor in a public place, which may be moved with
or without a motor and which does not require registration by the
Department of Motor Vehicles.
Any movable, portable or collapsible structure, framework,
table, stand, pushcart, container, basket or other equipment or device,
other than a vehicle, used by a street vendor in a public place for
the purpose of displaying, keeping or storing any goods or merchandise
or any article used in the business of vending.
Any motor vehicle as defined in the Motor Vehicles Law.
To peddle, hawk, sell, barter or lease; to offer to sell,
barter or lease; or to display for sale, barter or lease any goods,
wares, merchandise or services in a public street, sidewalk or place.
A.
No street vendor, as herein defined, except those exempt under the
Connecticut General Statutes or the provisions of this chapter, shall
vend goods or merchandise in any public place within the City of Norwalk
without first obtaining a license. The City Clerk of the City of Norwalk
shall issue a license to any street vendor authorizing such street
vendor to vend merchandise in the City of Norwalk, provided that such
street vendor shall have fully complied with the provisions of this
chapter and shall have made payment of the fee for said license.
B.
Each license issued pursuant to this chapter shall contain the full
name of the street vendor, the license number, the year for which
the license is valid and a nonremovable full-face photograph of the
licensee.
C.
Each license issued pursuant to this chapter shall be visible upon
the person of the licensee or otherwise conspicuously displayed at
all times that said street vendor is engaged in the business of vending
within the City of Norwalk.
D.
Each vehicle or stand used by a street vendor shall plainly display
a sign or tag, issued by the City Clerk, bearing the license number
issued to the street vendor and the year in which said license is
valid.
The provisions of this chapter shall not apply to itinerant vendors as defined in Connecticut General Statutes, Section 21-27 (Revision of 1958) nor to sales by farmers and gardeners of the produce of their farms and gardens nor to the sale, distribution and delivery of milk, teas, coffee, spices, groceries, meats and bakery goods or to sales on approval or conditional sales of merchandise or to any organization or vendor which is an authorized participant in a special event approved by the city and for which a special event permit has been issued.
A.
Applicants for a license under this chapter must file with the City
Clerk a sworn application in writing on a form to be furnished by
the City Clerk, which shall give the following information:
(1)
The full name, home address, local address, if applicable, home and
business telephone number and valid motor vehicle operator's
license number or other approved form of identification of the applicant.
(2)
The location of the applicant's principal office or place of
business, if applicable.
(3)
A description of the applicant setting forth the applicant's
date of birth and social security number.
(4)
The nature of the goods, wares or merchandise to be vended.
(5)
The make, year, type and registration number of any vehicle to be
used for the vending of merchandise.
(6)
A statement as to whether the applicant has ever been convicted of
any criminal or motor vehicle offense.
B.
In addition, the applicant shall submit a signature, two copies of
a recent photograph and conclusive proof of possession of a State
of Connecticut sales and use tax permit.
A.
Before any license as provided by this chapter shall be issued, the
applicant shall file with the City Clerk a certificate of insurance
naming the City of Norwalk as an additional named insured. Said certificate
of insurance shall be in a minimum amount of $1,000,000 providing
coverage against any and all damage and injury to property or person
by reason of, or related to, the licensee's use of public streets,
sidewalks or places to vend merchandise. Said insurance shall be maintained
throughout the duration of the license period and failure to do so
shall be a violation of this Code. All certificates of insurance issued,
pursuant to this chapter shall contain a clause that 10 days'
prior written notice of cancellation or change shall be given to the
City Clerk of the City of Norwalk.
B.
An applicant shall also submit an executed agreement to indemnify
and hold harmless the City of Norwalk and its officers, employees,
agents and assigns from any and all claims, actions, injuries and
damages of every kind and description which may accrue to or be suffered
by any person by reason of or related to the vending of merchandise
by said applicant or the granting of a license to do so.
C.
Failure to comply with the requirements of this section shall be
cause for denial or revocation of the license.
A.
The fee for the issuance of a street vendors license shall be set
at $200. Modifications of the fee hereafter shall be made as set forth
in the following subsection:
(1)
The Health, Welfare and Public Safety Committee shall, with the concurrence
of the Common Council, make and alter fees for the street vendors
license. The Committee shall establish the proposed fee and shall
hold a public hearing thereon no less than seven and not more than
14 days from the date of notice of the time and place of such hearing,
published in the form of a legal advertisement appearing in a newspaper
having a substantial circulation in the city. Within 90 days of receipt
by the City Clerk of notice of the action taken by the Committee subsequent
to the public hearing, the Common Council shall act upon the fee schedule.
If the Council takes no action within 90 days, the rates and fees
shall be deemed approved, and the City Clerk shall issue a notice
so stating, which notice shall be maintained with the records of the
Common Council. If the Council votes to disapprove the fee, it may
itself establish any such fee or may ask the Committee to submit a
revised fee to the Common Council.
B.
Refusal to issue.
(1)
Upon completion of a license application and payment of the license
fee, the City Clerk shall issue a street vendor's license to
the applicant. However, the City Clerk may refuse to issue such license
or shall revoke said license forthwith by written notice for any of
the following reasons:
(a)
If the applicant has given false or misleading information on
the application.
(b)
If the applicant fails to provide any information as required
by this chapter.
(c)
If the applicant has been convicted of any misdemeanor involving
fraud within the last five years.
(d)
If the applicant has been convicted of a felony crime involving
fraud, unless five years has passed since the expiration of the applicant's
felony sentence or parole.
(2)
Such issuance or refusal shall not be delayed longer than the requirements
of a reasonable investigation may dictate.
Each license issued in accordance with this chapter shall be
valid for the calendar year in which it is issued and shall expire
on the 31st day of December of that year. Licenses shall not be transferable.
No license shall be issued for any fractional period of a year nor
shall any pro rata payment be permitted.
It shall be the duty of the City Clerk to keep a record of all licenses granted under the provisions of this chapter in a file provided for the purpose. Such record shall contain the number and date of each license, the information required under § 77-4 hereof, the amount of license fee paid and the date of any prior license revocations, as provided in this chapter. The City Clerk shall keep a detailed account of all his receipts for such licenses and make a return thereof monthly to the City Treasurer. The records kept under this section shall be open to public inspection.
A.
No street vendor shall vend within 10 feet of any driveway, bus stop
or crosswalk nor within 20 feet of any intersection nor within any
metered parking space.
B.
No vehicle or stand or other item related to the operation of a vending
business shall touch, lean against or be affixed to any building or
structure, including but not limited to lampposts, parking meters,
mailboxes, traffic signal stanchions, fire hydrants, tree boxes, benches,
bus shelters, refuse baskets or traffic barriers.
C.
All goods, wares or merchandise vended by a street vendor shall be
contained upon or within the vehicle or stand used by the street vendor
or contained upon the person of said vendor. In no case shall any
goods, wares or merchandise be placed directly upon a street, sidewalk
or public place.
D.
No stand used for the purpose of vending shall be larger than five
feet by three feet nor shall any stand be of such height that it obstructs
the vision of pedestrian or motor vehicle traffic. All stands shall
be of a portable nature.
E.
No vehicle or stand shall be so located or placed as to obstruct
pedestrian or motor vehicle traffic or be detrimental or injurious
to public safety or interfere with the use of any street, sidewalk
or public place by the public at large.
F.
No stand used for vending shall be located upon a public street or
highway. Any vehicle used for vending upon a street shall obey all
traffic and parking laws, rules and regulations. In no case shall
a vehicle used for vending be placed so as to restrict the continued
maintenance of a clear passageway for vehicular traffic.
No license issued pursuant to the provisions of this chapter shall be construed so as to permit the vending in any of the public parks of the city without approval pursuant to § 74-12.1 of this Code.
Each act of vending goods or merchandise in violation of any
of the provisions of this chapter shall be deemed a separate offense
and shall be subject to a fine not exceeding $100.
In addition to any other penalty provided by the Code of Ordinances
or the Connecticut General Statutes, a violation of this chapter or
of the terms of any license issued hereunder shall be grounds for
the revocation of an issued license by written order of the City Clerk,
without the return of the license fee.
The provisions of this chapter shall not be construed to exempt
any person from securing any other license or paying any other license
tax which may be authorized and imposed by the Connecticut General
Statutes or by any provisions of the Code of Ordinances of the City
of Norwalk.
[Amended 11-14-2017;
effective 1-1-2018]
As used in this article, the following terms shall have the
meanings indicated:
The sales of merchandise or the soliciting of orders for
merchandise.
Any person who goes from place to place, house to house or
dwelling unit to dwelling unit within a multidwelling building or
who stands in any street, sidewalk or public place taking or offering
to take sales or orders for goods, wares or merchandise.
A.
No solicitor, as herein defined, over 16 years of age, except those
exempt under the Connecticut General Statutes or this chapter, shall
engage in the sales of merchandise or the business of soliciting orders
of purchase for any goods, wares or merchandise, including magazines
and other printed matter, without first obtaining a license. Such
license shall be issued by the Police Chief or his/her designee, provided
that such solicitor shall have fully complied with the provisions
of this chapter and otherwise met its requirements and shall have
made payment of the fee for said license and application.
B.
Each license so issued shall contain the full name and address of
the solicitor, the license number, the year for which the license
is valid and a nonremovable full-face photograph of the licensee.
C.
Each license so issued shall be prominently displayed upon the person
of the solicitor at all times that said solicitor is engaged in the
sales of merchandise or the business of soliciting orders within the
City of Norwalk.
The provisions of this article shall not apply to:
A.
The sales or soliciting of orders by farmers and gardeners of the
produce from their farms and gardens.
B.
The sales or soliciting of orders, distribution and delivery of food
and beverages.
C.
The sales or soliciting of orders of newspapers.
D.
The sales or soliciting of orders made to retail or wholesale stores
or to professional or industrial establishments.
E.
The sales or soliciting of orders by an individual or organization
which is an authorized participant in a special permit event approved
by the City and for which a special event permit has been issued.
A.
Each solicitor who is subject to the provisions of this chapter shall
make application to the Police Chief or his/her designee for a license.
All such applications shall be on a form provided by the Police Chief
or his/her designee and shall include but not be limited to the following
information:
(1)
The full name, home address, local address, if applicable, home and
business telephone number and valid motor vehicle operator's
license number or other approved form of identification of the applicant.
(2)
A physical description of the applicant, the applicant's date
of birth, Social Security Number and State of Connecticut Taxation
Number.
(3)
The address of the applicant's principal office, place of business
or employer, if applicable, and the name and address of the person
or organization for whom or through whom sales or orders are to be
solicited or cleared.
(4)
The make, year, type and registration of any motor vehicle to be
used for the sales or soliciting of orders for the purchase of merchandise
or services, if any.
(5)
The nature of the goods, wares or merchandise for which sales or
orders are to be solicited and the period of time during which the
applicant intends to sell or solicit orders.
(6)
A statement as to whether the applicant has ever had a solicitor's
license revoked. A statement as to whether the applicant has ever
been convicted of any type of felony or misdemeanor, the date of conviction
and the penalty imposed, if any.
B.
In addition, the applicant shall submit a signature, two copies of
a recent passport-sized photograph of himself or herself and conclusive
proof of possession of a State of Connecticut sales and use tax permit.
A.
Before any license, as provided by this article, shall be issued,
such natural person applicant or business entity applicant shall file
with the Police Chief or his/her designee a certificate of insurance
naming the City of Norwalk as the additional insured party. Said certificate
of insurance shall be in a minimum amount of $1,000,000 providing
coverage against any and all damage and injury to property or person
by reason of or related to the licensee's use of public streets,
sidewalks or places to sell or solicit orders for the purchase of
merchandise or services. Said insurance shall be maintained throughout
the duration of the license period, and failure to do so shall be
a violation of this chapter. All certificates of insurance issued
pursuant to this chapter shall contain a clause that 10 days'
prior to written notice of cancellation or change shall be given to
the Police Chief or his/her designee of the City of Norwalk.
B.
An applicant shall also submit an executed agreement to indemnify
and hold harmless the City of Norwalk and its employees, officials
and/or agents from any and all claims, actions, injuries or damages
of every kind and description which may accrue to or be suffered by
any person by reason of or related to the sale or soliciting of orders
for the purchase of merchandise or services by said applicant or the
granting of a license to do so.
C.
Before any license, as provided by this article, shall be issued,
such natural person applicant or business entity applicant shall file
with the Police Chief or his/her designee a certificate or proof of
valid licensing in accordance with statutes, rules and regulations
of the State of Connecticut and the ordinances of the City of Norwalk.
Said licensing shall be maintained throughout the duration of the
license period, and failure to do so shall be a violation of this
chapter.
D.
Failure to comply with the requirements of this section shall be
a violation and cause for the denial or revocation of the license.
A.
The Norwalk Police Department is authorized to issue a written license, upon the completion of an application, as required by § 77-16 through § 77-19, to any proper natural person or business entity. The Norwalk Police Department shall be authorized to collect fees, pursuant to a fee schedule for both the licenses and applications. The license shall be valid for one year from the date of issuance, unless suspended or revoked. The license issued to a business entity shall authorize said entity to be represented by one named natural person only. If additional personal representatives are sought for a business entity, additional written licenses and applications will be required for each such additional natural person/representative and additional fees shall be collected accordingly. Licenses issued shall be signed by the Chief of the Norwalk Police Department or his/her designee, shall contain a passport-sized photograph as provided for in § 77-16 and § 77-18, shall state the expiration date for such license and shall contain such other information consistent with the purpose of this chapter as the Norwalk Police Department may require.
B.
No fee shall be required from any resident of this state who is a
veteran as defined by the Connecticut General Statutes, § 27-103
(Revision of 1958), as amended, provided that suitable evidence is
presented of these facts by the applicant. No fees shall be required
from any religious, charitable, fraternal or nonprofit organizations
nor from representatives of such organizations; provided, however,
that the Police Chief or his/her designee shall determine this exemption,
and such organizations and their representatives shall file with such
officials such information as they shall require to make such determination.
C.
Refusal to issue.
(1)
Upon completion of an application and payment of the license and
application fees, the Police Chief or his/her designee shall issue
a solicitor's license to the applicant. However, the Police Chief
or his/her designee may refuse to issue such license or shall revoke
said license forthwith by written notice for any of the following
reasons:
(a)
If the applicant has given false or misleading information on
the application.
(b)
If the applicant fails to provide any information as required
by this chapter.
(c)
If the applicant has been convicted of any misdemeanor, as defined
in the Connecticut General Statutes, involving a lack of truthfulness,
including but not limited to fraud, extortion, bribery, embezzlement,
forgery, larceny and/or theft, within the last five years.
(d)
If the applicant has been convicted of a felony of any type
more than 10 years ago. The Police Chief or his/her designee shall
refuse to issue a solicitor license to an applicant who has been convicted
of a felony of any type within the last 10 years.
(2)
Such issuance or refusal shall not be delayed longer than the requirements
of a reasonable investigation may dictate.
Each license issued in accordance with this chapter shall be
valid for the period of one year from the date of issuance, unless
revoked or suspended. Licenses shall not be transferable.
Any person engaged in the sales of merchandise or the business
of soliciting orders of purchase for goods, wares and merchandise
shall conduct himself or herself at all times in an orderly and lawful
manner and shall give a written receipt, signed by the solicitor,
of all sales and orders so taken. Such receipt shall set forth a brief
description of the goods, wares and merchandise sold and ordered,
the total purchase price thereof, the amount of down payment received
by the solicitor from the purchaser and the approximate date of delivery.
In addition to any other penalty provided by the Code of the
City of Norwalk or the Connecticut General Statutes, each sale or
order solicited in violation of the provisions of this chapter and
each false statement or misrepresentation of fact for the purpose
of obtaining a solicitor's license shall be deemed a separate
offense and shall be subject to a fine of $250.
In addition to any other penalty provided by the Code of the
City of Norwalk or the Connecticut General Statutes, a violation of
this chapter or of the terms of any license issued hereunder shall
be grounds for the revocation of an issued license by written order
of the Police Chief or his/her designee, without the return of the
license fee.
The provisions of this chapter shall not be construed to exempt
any person from securing any other license or paying any other license
tax which may be authorized and imposed by the Connecticut General
Statutes or by any provisions of the Code of the City of Norwalk.
