[Adopted 11-24-1986]
A.
The purpose of this article is to regulate the sale of
any item from a cart, automobile, temporary stand, seasonal stand, corner
or sidewalk. Such regulation is necessary in order to ensure safe and efficient
flow of traffic, to allow free and unobstructed use of municipal sidewalks
and to foster and improve the aesthetic appeal of the area surrounding the
Derby Green.
B.
This article shall apply whether such business is carried
out inside of a building or mall, by arrangement with the owner or manager
or out of doors and shall apply to locations on both public or private property.
As used in this article, the following terms shall have the following
meanings unless the context clearly indicates that a different meaning is
intended:
Any restaurant food, fast food, cooked food, frozen food or food
of any kind intended to be consumed immediately or after preparation.
A license which shall be issued by the Health Department after an
applicant has complied with the Naugatuck Valley Health District Food Service
Establishment Code and the Public Health Code of the State of Connecticut.
Any person, firm or corporation which sells a food item from a cart,
automobile, temporary stand, seasonal stand, corner or sidewalk.
The Naugatuck Valley Health District.
Any employee or officer of the Naugatuck Valley Health District assigned
to perform duties covered by this article.
Any person, either as principal or agent, who engages in a temporary
or transient business of selling and delivering goods, wares and merchandise
either from a fixed location within the City or traveling place to place and
who, in furtherance of such purpose, hires, leases, uses or occupies any building,
structure, room, apartment, lot, parking lot, parking space or spaces, street
or other place, whether public or private, within the City, for the exhibition
and sale of such goods, wares and merchandise, either privately or at any
auction. Any person who engages in transient selling shall not be relieved
from complying with the provisions of this article by reason of associating
himself with any established local dealer, trader, merchant or auctioneer,
or by conducting transient selling in connection with, as part of or in the
name of any established local dealer, trader, merchant or auctioneer, unless
properly associated with a managing itinerant vendor as defined below who
fully complies with the licensing provisions for a managing itinerant vendor
for a particular show or event.
[Added 6-13-1996]
A license issued by the Chief of Police authorizing a food vendor
or vendor to engage in business within the City of Derby and specifying the
location from which the food vendor or vendor is authorized to operate.
Any person who conducts, manages or organizes a show of itinerant
vendors for the purpose of exhibition and sale at any location which is open
to the general public and at which goods, wares or merchandise are on display
and offered for sale by any vendors.
[Added 6-13-1996]
Any person, firm or corporation which sells a nonconsumable item
from a cart, automobile, temporary stand, seasonal stand, corner or sidewalk,
which shall include itinerant vendors and managing itinerant vendors.
[Added 6-13-1996]
A food vendor shall not sell a food item within the City of Derby without
first obtaining both a food service license and a location license.
[Added 6-13-1996]
It is unlawful for any person to peddle, solicit, canvass or engage
in any form of vending within the limits of the City without first obtaining
a license as provided in this section. Moreover, at any show or event where
five or more itinerant vendors will sell or exhibit goods or merchandise,
a duly licensed managing itinerant vendor must assume responsibility and control
of said show or event in compliance with the sections below.
A.
Application for a food service license shall be made
to the Health Department, on forms to be provided by the Health Department,
in a manner determined by the Department. Food service license shall be paid
in accordance with the Department's procedure and at rates established by
the Department.
B.
Application for location license.
(1)
Application for a location license shall be made to the
Derby Board of Aldermen on application forms provided by the City Clerk. The
application form shall contain the following:
(a)
The name, address and telephone number of the applicant.
(b)
The item or items which the applicant intends to sell.
(c)
The type of cart, automobile, temporary stand, seasonal
stand, corner or sidewalk from which the applicant intends to sell.
(d)
The type of insurance coverage the applicant has and
the carrier's name, address and telephone number.
(e)
If the applicant is a food vendor, a copy of the applicant's
food service license, which shall be attached to the application.
(2)
The applicant shall, at the time of filing for a location
permit, pay a nonrefundable application fee of $10.
(4)
The Board of Aldermen, at its regularly scheduled January
and July meetings, shall consider and vote upon duly filed applications. Each
application shall be voted on separately and shall require at least five affirmative
votes for approval. The Board shall not approve a location license if, in
the opinion of the Derby Chief of Police, the operation of a vending business
from the proposed location would cause a traffic or safety problem.
(5)
The Board shall not approve a location permit to a vendor
or food vendor which proposes operation from a location which is within 50
yards radius of the operation or proposed operation of another vendor or food
vendor. In the event that two or more applicants propose operation within
50 yards of each other, the Board of Aldermen shall conduct a lottery to determine
the vendor who shall be entitled to sell from the area.
(6)
The Board shall not issue any location license for any
location on or within 15 feet of the Derby Green.
[Amended 6-13-1996; 11-21-2002]
A.
The duration of each location license shall be 12 months
from the date the Aldermen approve the same.
B.
The management itinerant vendor location licensee fee
shall be $200. The itinerant vendor location license fee shall be $75.
C.
The Chief of Police shall issue the license upon receipt
of said license fee, which shall be paid in cash. The Chief of Police shall
forward the application fee to the City Clerk who shall document receipt thereof
for the Board of Appointment and Taxation.
All vendors and food vendors shall prominently display their location
license or their cart, automobile, temporary stand or seasonal stand license.
[Added 6-13-1996]
A.
Every applicant for a managing itinerant vendor who does
not qualify for a state sales tax exemption shall file with the license bureau
a surety bond, running to the City in the amount of $10,000 with surety acceptable
to and approved by the Board of Aldermen, conditioned that said applicant
shall comply fully with all the provisions of the ordinances of the City of
Derby and the statutes of the State of Connecticut, regulating and concerning
the licensed business or activity and guaranteeing to any citizen of the City
of Derby that all money paid as a down payment will be accounted for and applied
according to the representations of the solicitor and further guaranteeing
to any citizen of the City of Derby doing business with said licensee that
the property purchased will be delivered according to the representations
of said licensee. Action on such bond may be brought in the name of the City
to the use or benefit of the aggrieved person.
B.
Where the activity, show or event is to occur on City
of Derby property, every applicant shall be required liability insurance,
and an indemnity agreement in favor of the City of Derby in such form and
amount as shall be approved by the City Attorney in proportion to the size,
scope, duration and other particulars of the event scheduled.
Any vendor or food vendor selling within the City of Derby without a
license or with an expired license shall be fined $100 and shall not be considered
for a location license until he or she pays the fine. A separate offense shall
be deemed committed on each day during which a violation occurs or continues.
Any vendor or food vendor selling items in an area for which he or she does
not have a license shall have his or her license revoked and shall not be
allowed to apply for a new license for one year from the date of the violation.
[Added 6-13-1996]
A.
Licenses issued under the provisions of this article
may be revoked by the Chief of Police, after notice and hearing, for any of
the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made by the
license in the course of carrying on the business for which the license was
issued.
(3)
The violation of any provision of this article.
(4)
Conviction of any crime involving moral turpitude or
fraud; conviction of a felony.
(5)
Conducting the business for which the license was issued
in such a manner as to constitute a breach of the peace or a menace to the
health, safety or general welfare of the public.
(6)
Failure to provide information required under this article.
B.
Notice of the hearing for revocation of a license shall
be given in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage prepaid,
to the licensee at his last known address or address listed on the application
at least five days prior to the date set for hearing.
[Amended 12-17-1986]
No person conducting a tag sale or garage sale from his or her residential
premises shall be required to comply with this article, provided that he or
she conducts no more than one such sale within a six-month period. A "tag
sale" shall be considered any sale of food, goods or items from a private
residence or property for a period of no more than nine consecutive days.
[Added 8-8-1996; amended 9-12-1996; 11-21-2002]
Exemptions are as follows:
A.
Any vendor, itinerant vendor or managing vendor that
is a nonprofit organization exempt from federal taxation by Section 501 of
the Internal Revenue Code, as may be amended from time to time, or a charitable
organization, and that provides evidence of the same shall be exempted from
paying a license fee described in § 136-13 for that calendar year.
B.
Any vendor, itinerant vendor or managing vendor that
operates for a single event that does not exceed four consecutive days per
calendar year may request an exemption from paying a license fee described
in § 136-13 for that calendar year, which request shall be determined
by the Board of Aldermen, at its sole discretion, if said Board finds that
said exemption will enhance the cultural opportunities of the community.
C.
War veterans who are owners of hawking or peddling businesses
and have been residents of Connecticut for a period of two years immediately
preceding the date of application for a license and who provide satisfactory
evidence of the same.
[Added 6-13-1996]
A.
Vending (including managing itinerant vending), canvassing
or soliciting under the provisions of this article shall be limited to the
hours of 9:00 a.m. to 7:00 p.m.
B.
No orders for goods or wares to be delivered in the future
shall be taken without giving a written receipt for all orders taken within
the City, which receipt shall be signed by the solicitor and shall set forth
a brief description of the goods, wares or merchandise ordered, the total
purchase price thereof and the amount of the down payment received by the
seller from the purchaser.
C.
All licensees hereunder shall be required to conduct
themselves in a peaceable, orderly and lawful manner at all times. Licensees
and employees of licensees shall wear proper attire (i.e., swimwear or similar
clothing are prohibited). Shirts, pants, skirts, shorts or dresses and footwear
are required.
All vendors and food vendors shall prominently display their location
license or their cart, automobile, temporary stand or seasonal stand license.
