[HISTORY: Adopted by the City Council of the City of West Haven 9-27-1982 by Ord. No. 190. Amendments noted where applicable.]
The following operations, activities or events shall require licenses as a condition precedent to such operations, activities or events taking place, being operated or maintained:
[Last amended 6-11-2018]
The Police Department of the City of West Haven shall, in its reasonable discretion and subject to its approval, issue the above-stated licenses and permits and shall provide suitable forms and blanks and applications and shall keep suitable records of all licenses and permits and applications theretofor, as well as suitable records of all amounts received for said licenses.
[Amended 6-26-1995 by Ord. No. 346]
Every license or permit shall be signed by the issuing authority and the fee paid to the issuing authority for use of the city treasury before such license or permit shall be in force. It shall be the duty of the person issuing such licenses and permits to ascertain whether said fee is paid. Licenses and permits shall be numbered and shall contain a condition that every person acting under the same shall conform to the representations of the applications therefor and to the ordinances of the city and such other terms and conditions as the particular circumstances of each case shall, in the judgment of the issuing authority, require.
If a cart, conveyance or stand is to be used, a description of the cart, conveyance or stand shall be provided. A cart, conveyance or stand can be no larger than four feet nine inches high, five feet eight inches long and three feet six inches wide, and each cart, conveyance or stand must be equipped with wheels. If a motor vehicle is to be used, a description of the vehicle, together with the Motor Vehicle Department registration and operator's license, shall be provided; if a leased motor vehicle, a copy of the leasing agreement shall be provided. Motor vehicles must conform to all parking regulations, including payment of meter fees.
The issuing authority shall, in a record book kept by it for that purpose, enter a memorandum of every license or permit issued by it, with the number, the date, the name of the person to whom issued, the purpose for which it is issued, the time when it will expire and any special condition included therein and the amount of fee charged therefor.
No such license or permit shall authorize or excuse any breach of law or any trespass upon the rights of others nor render the city liable for any damage that may be committed or caused under color thereof.
All licenses and permits, except for those issued for a definite period of less than one year, shall be valid until the first day of October next succeeding the date of issue unless sooner revoked under the provisions of this chapter.
The issuing authority may at any time revoke a license or permit for any breach of the terms and conditions thereof upon giving to the person to whom the same is issued notice of such revocation and making a record thereof; and from the time of such notice, any act done under color of such license or permit shall subject the person, firm or corporation doing or suffering it to be done to the same penalty as if he had done such act without such license or permit, unless such revocation is disapproved as hereinafter provided.
If any person shall feel aggrieved by the neglect or refusal of the issuing authority to issue a license or permit or by the terms or conditions therein imposed or any by revocation of such license or permit, as aforesaid, he may appeal to the City Council, upon giving notice, in writing, to the issuing authority and the City Council within 10 days thereafter; and until such terms, conditions or revocations are disapproved by said City Council, they shall be binding upon the appellant, and said City Council may order such modification as it may deem proper, not inconsistent with the city ordinances.
Any person who violates any provision of this chapter shall be fined not more than $100.
This chapter shall be applicable to all the proposed licensees herein, regardless of when said licensee first maintained the activity herein regulated.
Any activity hereby affected retroactively shall be required to comply with the provisions of this chapter within 30 days of the effective date of this chapter.
[Added 6-26-1995 by Ord. No. 346]
Each conveyance used for street vending shall be equipped with a trash container affixed to the conveyance for disposing of the trash, litter, garbage, refuse and other waste connected with the vending operation.
No street vendor shall leave any location without first picking up and removing all trash and refuse remaining from sales made by the vendor.
No vendor shall use, set up or attach any crate, carton, rack or any devise of any kind to increase the selling or display capacity of the conveyance used beyond the maximum size defined hereinabove.
Street vending or sidewalk sales shall not be conducted within 20 feet of the center line of the entrance or exit to any building or driveway, in front of any mailbox or traffic signal, within any bus stop or loading zone or within 10 feet of any emergency call box. No conveyance used in street vending shall be located closer than 15 feet to any fire hydrant or conveyance.
No person engaged in street vending shall stop, stand, park, place or allow his cart, stand or conveyance to be closer than 50 feet to any other cart, stand or conveyance.
Carts and stands are to be located fully within the boundaries of the paved sidewalk surface while on public space; provided, however, that on those streets where no paved sidewalk exists, carts and stands shall be so placed as not to interfere with pedestrian or vehicle traffic. No part of the cart or stand may extend over the curbline, nor shall it be positioned in such manner as to obstruct a crosswalk, handicap ramp, fire hydrant, driveway or access to any building. Carts must be positioned to allow an unobstructed pedestrian walkway at least four feet in width.
The city may grant, pursuant to Section 7-148(c)(3)(A) and 7-148(c)(6)(C)(vi) of the Connecticut General Statutes, a license to abutting property owners for the use of sidewalks and streets for the purpose of encouraging commercial development. Such license shall be granted only upon the recommendation of the Planning and Zoning Commission following review of proposed use and layout for same, under such terms and conditions as may be required.
No itinerant vendor or hawker or peddler licensed under this Chapter 139 may operate within 50 feet of a sidewalk or street area where a license for the commercial use of said sidewalk or street area has been granted by the city to an abutting owner pursuant to Section 7-148(c)(3)(A) and 7-148(c)(6)(C)(vi) of the Connecticut General Statutes, except as may be provided in this section.
No license required by this Chapter 139 shall be required of a seller:
Operating only on a sidewalk or street area, a license for the commercial use of which has been granted by the city to an abutting owner pursuant to Sections 7-148(c)(3)(A) and 7-148(c)(6)(C)(vi) of the Connecticut General Statutes; and
Authorized to so operate by such owner pursuant to the license.
No license shall be issued under this section until the proposed licensee provides the city with a certificate of insurance for general liability in an amount not less than $2,000,000 and on which the City of West Haven is named as an additional insured.
Each person who files an application pursuant to Connecticut General Statutes, Section 30-39, for renewal of a liquor permit that allows on-premises serving or consumption of alcoholic liquor shall simultaneously give written notice of such liquor permit renewal application to the Chief of Police or his designee. The Chief of Police or his designee may respond, in writing, no later than 15 days after receipt of such notice, to the Commissioner of Consumer Protection with comments regarding the renewal application that is the subject of such notice.