[HISTORY: Adopted 3-15-2018 by the Board of Selectmen of the Town of Somers, effective 4-5-2018.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vending and sidewalk, tag and auction sales — See Ch. 198.
[1]
Editor's Note: This ordinance superseded former Ch. 196, Vendors,
Hawkers and Peddlers, adopted 10-7-1957 by the Annual Town Meeting
of the Town of Somers, effective 10-7-1957.
As used in this chapter, the following terms shall have the
meanings indicated:
As used in this chapter, any person, whether principal or
agent, who goes from place to place, from house to house, or from
street to street in the Town of Somers soliciting and/or collecting
money or pledges of money for any purpose.
Any vehicle, other than muscular, and registered for operation
on public highways by the Connecticut Motor Vehicle Department.
As used in this chapter, any person, whether principal or
agent, who goes from place to place in the Town of Somers selling
or bartering, or carrying for sale or barter, or exposing therefor,
any goods, wares or merchandise, either on foot or from any motor
vehicle.
Any individual or group of individuals associated in any
form, whether principal or agent, partnership, corporation, limited
liability company, association, club or organization.
Individuals who go from place to place or from house to house
within the Town of Somers for the sole purpose of soliciting the sale
of goods and/or services.
Includes all areas within the right-of-way or street line
for any Town road or within the street line or right-of-way. This
includes the tree belts, sidewalks and any area adjacent thereto up
to the boundary line of any adjoining lot.
As used in this chapter, any person, whether principal or
agent, who engages in a temporary or transient business in the Town
of Somers, including temporarily remaining in one place for periods
of time, selling or bartering or carrying for sale or barter, any
goods, wares or merchandise, including food and ice cream, either
on foot, motor vehicle, pushcart, stand or table.
This chapter shall not apply to sales by farmers and gardeners
of the produce of their farms and gardens or to the sale, distribution
and delivery of milk, groceries, meats and bakery goods; nor shall
this chapter apply to sales by anyone on behalf of any church, school,
community organization or Boy Scouts, Girl Scouts, 4-H and Future
Farmers groups, American Veterans organization or any other non-profit-making
clubs.
A.
No person making application for a license to peddle or vend foodstuffs
shall be issued such license until he/she provides to the Board of
Selectmen, or its designee, a certificate signed by the Director of
Health. The certificate shall indicate the approval of methods and
equipment utilized in the peddling or vending of foodstuffs by the
applicant in accordance with the Public Health Code of the State of
Connecticut and any other applicable section therein.
B.
A certificate of insurance covering any mobile vending apparatus
must be submitted at the time of application to vend, peddle or sell
goods.
C.
Unless specifically exempted, it shall be unlawful for any person
to engage in activity related to vending, hawking, peddling, canvassing
and solicitation.
D.
The qualifications and procedures regarding vending activities which
may put the vendor/peddler in contact with children may require a
background and personal record investigation submitted to the Connecticut
State Police. If the Chief of Police deems a background check is necessary,
the cost thereof will be paid by the applicant.
E.
Should an applicant's background investigation be found unsatisfactory,
the Chief of Police of the Town of Somers shall endorse on such application
the reasons for disapproval and notify the applicant that no license
will be issued.
F.
If the applicant is found satisfactory, the Chief of Police of the
Town of Somers or his/her designee shall issue a license upon payment
of $200.
G.
No license under this chapter shall be valid unless the holder also
holds a valid state license.
All licenses issued under this chapter shall be valid for 30
days. Within five days prior to expiration, the license may be renewed
by the applicant upon written request made to the First Selectman
or his/her designee and upon payment of the license fee.
A.
Vendors who conduct their business from a motor vehicle on the public
highway shall operate their vehicle so as not to impede the free flow
of traffic. No food or ice cream shall be sold or attempted to be
sold to any person when such person is situated or standing in the
highway or street.
B.
No vendor shall sell or barter or carry for sale any goods, wares
or merchandise, except for food and ice cream, in any residential
zone. The vending of food or ice cream in such zones shall be from
motor vehicles which may not remain in the same location for more
than 15 minutes. The prohibition imposed by this section shall be
suspended during parades, races, fireworks displays or other similar
one-day events to allow the sale of sundries, balloons, buttons, cotton
candy or food and ice cream or similar goods.
C.
Vendors who conduct their business from private property or from
property of the State of Connecticut or of the Town shall present
to the Chief of Police, at the time of application, a written permission
to use said property from the owner or owners of such property.
D.
Vendors of food or ice cream or other goods or merchandise must obtain
the written permission of the Director of Recreation in order to sell
their products in any Town park, field or recreation area.
E.
Vending is prohibited within areas and within 1/2 mile of areas that
have been temporarily set aside for festivals and special events which
have been authorized by the Town of Somers, except for persons issued
a permit by the sponsor or other organizer of the festival or special
event.
F.
Traffic by nonmotorized vehicles, except by festival or event participants,
is prohibited within the area set aside for the festival or special
event.
Each person licensed under this chapter, while conducting his/her
business, must display conspicuously the permit, decal or badge issued
to him/her by the Board of Selectmen or its designee. Such vending,
canvassing or solicitation shall only be between the hours of 9:00
a.m. to 5:00 p.m.
Each person who shall violate any provision of this chapter,
in addition to the suspension or revocation of a license, if appropriate,
shall be guilty of an infraction and shall be fined $150.
