[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Editor's Note: This ordinance superseded former Ch. 196, Vendors, Hawkers and Peddlers, adopted 10-7-1957 by the Annual Town Meeting of the Town of Somers, effective 10-7-1957.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:
CANVASSER
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.
MOTOR VEHICLE
Any vehicle, other than muscular, and registered for operation on public highways by the Connecticut Motor Vehicle Department.
PEDDLER or HAWKER
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.
PERSON
Any individual or group of individuals associated in any form, whether principal or agent, partnership, corporation, limited liability company, association, club or organization.
SOLICITORS
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.
STREET or PUBLIC HIGHWAY
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.
VENDOR
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.
[Amended 7-3-2024, effective 7-3-2024]
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. Food vendors, including food trucks, serving or selling food from private property where the property has a permit from the Somers Zoning Commission allowing such service or sales are also exempt from the terms of this chapter.
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.