November 21, 2009 11:51 am

The Mysterious Affair of the Norwalk Street Vending Permit

As I watched 5 Norwalk Police cars drive up Washington Street in SoNo with nary a glance at the vending cart parked in a no parking zone in front of the switch tower museum, I realized that hot dog sales were indeed out of control here in Norwalk. Hot dog trucks, when parked on private property have to get a zoning permit.

Then there’s this whole public access way area that apparently or seemingly doesn’t fall under anyone’s jurisdiction. And thus we have hot dog trucks attempting to exploit the jurisdictional grey area by parking themselves on City streets without fear.

Merchants who pay pricey rents to vend on Washington street have not been amused by this. Complaints have been sent to the Norwalk Police Department, but yet no citations or arrests have resulted. The waving of a health department permit seems to have tricked the NPD from acting.

But not so fast, deep in the City Code Book we have this gem of language:

CODE OF THE CITY OF NORWALK, CONNECTICUT, v171 Updated 05-15-2009
ORDINANCES
Chapter 77, PEDDLERS, STREET VENDORS AND SOLICITORS
ARTICLE I, Peddlers and Street Vendors

� 77-1. Definitions.

PEDDLER or STREET VENDOR — 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.
PUBLIC PLACE — Any street, sidewalk, alley or other public way, any public park, square, space or grounds, any publicly owned or leased land or buildings.
PUBLIC SIDEWALK — That part of the public highway set aside for pedestrian traffic.
PUBLIC STREET — That part of the public highway set aside for vehicular traffic.
PUSHCART — 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.
STAND — 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.
VEHICLE — Any motor vehicle as defined in the Motor Vehicles Law.
VEND — 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.

� 77-2. License requirements.

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.

� 77-3. Exceptions.

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.

Important to point out that the hot dog truck pictured does not have a city clerk issued vending license. In fact, none have been issued in years. The vendor has a health department permit to sell food. That is not a street vending permit required by ordinance. So why haven’t the police acted on this? And why will parking tickets be issued for cars that park in non parking zones, but not for hot dog vendors?

akabi

The strange thing to me is that over the years other trucks have been chased away.Before this cart a man was there for about 2 years with a truck.I heard he had a heart problem and died.

Jayjay

That was shaggy dogs who died of a drug overdose and NO he was never chased away on Washington St but he was chased away on his day spot on Connecticut Ave cross from Stew Leonard’s.

anonymous

Interesting aspect is that the ordinance states “the City Clerk SHALL issue”. Has the vendor ever applied? Has the City Clerk REFUSED to issue?

Stugots

Who really cares??????

Jayjay

The city clerk has never issued permits only special permits for feasts,fares that usually last a day or a few days no street vendors in Norwalk wether it is during the day or night have this it’s been like this for years and if you do apply quess what??? your denied!!! but under police vending rules and regulations they are all legit so it’s sort of a catch 22 scenario because under police rules everyone is legitimate as long as they have a health dept license and passed their food certification license most cities and towns operate like this and the police are who enforces the laws not city hall so under police guidelines they are all legitimate vendors it’s been like this for years even before these people with their cart on Washington st showed up there was another vendor there until he died called shaggy dogs and he was there for at least a year or two and nobody complained or said he was illegal. from what my friends tell me who own a business on Washington st this is all the cause of one person who is not even in the restaurant business making complaints because he feels food vendors selling hot dogs is innapropiate to have on Washington st yet when others were there he never said anything and these people with their cart were there 6 months before this guy starting complaining all of a sudden it’s a big issue and he’s probably the person behind this blog????. It is sad to see people fuss over a woman selling hotdogs when there are bigger issues to worry about in South Norwalk like the bums and panhandlers who bother patrons walking up and down the street enjoying a night out
and the druggies a few blocks away.
Lynn

i agree with you who cares?

OLD TIMER

Some CT towns have passed ordinances limiting the time any vehicle can be parked, selling things. Mansfield, CT. has this ordinance.
2151.16 Parking limited while offering materials for sale.
(a) No person shall park or stand any vehicle from which anything is offered for sale on any street for a period exceeding fifteen (15) minutes, except when special permission of the safety director has been granted.
(b) A violation of this section constitutes the commission of a parking infraction to be handled pursuant to and governed by the provisions of Chapter 2150. (Ord. 1579-72: Ord. 2120-03 � 1 (part).
Courts have been reluctant to prosecute vendor permit laws, so local police don’t bother making arrests they know will get thrown out. Parking tickets can be quite effective, and this ordinance would not bother the Good Humor type vendors. If one of those cops you saw was assigned to that area, and had a little time, he and the vendor would probably have had a conversation about parking violations and MV law, that would have led to the removal of the vehicle. Unless someone makes a complaint, most cops today won’t take the time to get involved, figuring they are much too busy with more pressing calls. Even with a complaint, how much time is the violation worth ? If there was no plate on that trailer, writing even a parking ticket is complicated. The restaurant owners in the area will get some action, very quickly.
anonymous

Maybe one of these restaurant owners should start selling hot dogs and such at the end of the night. Are there any businesses that sell this type of food in the area at that time of night that would have a legitimate complaint about unfair competition? It seems that this is a service the customers want. Not sure which businesses are complaining anyway It seems that most of the cart’s business would be after the bars close which precludes those restaurants with liquor permits from being open to serve these customers anyway. Maybe it is a good idea for these kids to take a little while to get something to eat before they go driving off in their cars anyway. Maybe someone should poll the business owners that are open that late at night and see if it is truly the merchants that are complaining.
Steward

Isn’t there a parking lot subsidy to be paid?
BLARNEY

Take a ride though SoNo and count how many empty store fronts there are. Lets help this area to it’s feet again. A hot dog vendor does not belong there.

Shop owners are loosing thousands of dollars in the economy and the city allows a hot dog cart to throw this in the faces of those struggling to keep their door open. Whats next popcorn and candy apple vender’s ? Maybe a few carnival games of chance?

Norwalk Taxpayer

street vendors have a right to be in business just like everyone else if they pass health dept standards and are issued a permit to vend then there is no problem they pay taxes just like everyone else obviousely they have been checked out and they are legitimate or they would have been thrown off the street a long time ago so who are you to talk and throw stones you are not the law or the city so stop shooting your mouth off because you do not know what your talking about!!!!!! I have been in Sono many times and as I see it all the people love them and they work hard to provide a service to those kids that God only knows what would happen to them if they did not have some food in their stomachs after a heavy night of drinking even the restaurant and bar owners eat off their cart. Oh by the way they are not hurting any businesses because no one is serving food late night on that street. I hope this answers your frivelous concerns for Sono.

turfgrrl

Norwalk Taxpayer: No vending permit has been issued by the City of Norwalk. Therefore …

popcorn cart

that’s what we need a popcorn vendor uummh you just gave me an idea??

daved

akabi – that sausage truck that used to park there on weekends is now for sale along Rt. 7 just north of the DMV so I bet you are right.

akabi

Yes I think that is what happened .The person who told me was a friend of his.I also heard he was doing very well -three thousand dollars a night on the weekends.Thats a lot of sausage.

BLARNEY

Any hidden ordnance that might allow a Medical Marijuana cart to be parked there for a few hours a night?
Barnstorm

Anonymous, It’s highly doubtful one of the restaurants on Washington Street would provide hot dogs unless they charged $12.00 for one.All the eateries down there are trying too hard to be upscale or “chic” to bother fussing with a pedestrian old hot dog. The closest thing you have to “regular grub” in Sono are Jeff’s barbecue joint or the diner on North Main Street (and Subway for those who really want to go the working class hero route)

As far as helping this neighborhood get back on it’s feet, that would take a hell of a lot more than just getting rid of a cart providing hot dogs. You’d need several things to happen. First, you’d need landlords who care about the area. The absentee corporations that own the bulk of Washington Street properties do not. Second, you’d need parking that isn’t over a block away. That in itself is what has hampered further development in Sono. Third, you’d need a city government with foresight and planning to make the area commercially viable. That doesn’t seem likely even in the best of economies. Somehow you’d need a fairy godmother or some other kind of miracle worker to coordinate all three into happening.
I’m not holding my breath.
CTYankee

From the photos it’s clear that the cart is a menace to navigation too. ;^)

Let me quote: “… 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…”

Hot dogs are meat (hopefully) and the rolls are bakery goods. If the customer has the right to say: “This hot dog is no good, I want my $$$ back.” then the conditional sale of merchandise test is met too.

Of all the things in town someone could be legitimately complaining about…

Support the FairTax!
Barnstorm

Fair Tax? Oh no, that Neal Boortz looney has brainwashed another one. CT, the whole premise of the Fair Tax is based on a supposition that isn’t based in reality. There’s a very good reason why this idea hasn’t caught on. Most people can see beyond the smoke and mirrors.

The cart isn’t posing any more of a navigational hazard than any other vehicle would, parked on Washington Street. No, it’s not my cart nor have I sampled any of it’s, um, wares. If there’s a city violation taking place, it should be addressed. Although I think our police are too busy yakking on their cell phones to deal with all the sidewalk food vendors (this is not the only one folks).
Fairness

Do the Police enforce no parking zones?
anonymous

Think they would have more important priorities than parking and street vendors.

nicdolyak

The police do have more important priorities to worry about let’s keep in mind that Norwalk P.D does a fine job in keeping South Norwalk safe and under control to all the doubters out their take a ride at 2 am in the morning and you tell me what’s going on at Washington St then add the projects a few blocks away then there goes a code blue folks!!!

People are so jealous and worry about how many burgers/ dogs are being sold at night
or who is parked or not parked on a busy street with bars and college kids sounds like to much time on someone’s hands let’s see a real news story for a change.

OLD TIMER

They can, but the City figured out it is cheaper to use civilians, employed by the parking authority or their contractor LAZ. The cops stopped looking for parking meter violations and only get involved with more serious parking violations when there are access or safety issues.
Lynn

What’s so mysterious about someone selling hotdogs??????
is this the best we can do for a news story?????
newshound

At least someone is investigating what passes for lax enforcement in this town. Why is it okay for a hot dog vendor to break the law? Look at where the truck is parked, it’s in a no parking zone. Blocking a fire hydrant too.
OLD TIMER

It is in a no parking zone, but it is hard to tell from the picture if it too close to the fire hydrant. It shouldn’t be there, and, if anybody complains to the Police Dept, rather than just grousing about it here, it won’t be there long. Parking violations are easy to enforce. The street peddlar/vendor statutes are not that simple.
Secondhand Rose

Judging from the photos, this food cart seems to be in an area that is neither a public walkway nor a public street as stated in the Code. If the cart was not in that spot no pedestrians would be walking there as the area is a part of the roadway. If you look at the first photo you can see off to the right about 20 feet away from the cart is the painted edge of a parking space, which clearly shows that the area in which the cart is parked is not a part of the actual “street” either – in other words, in that exact area where the cart is parked, even if it was not there no cars would be driving in that part of the roadway. It’s apparent to me that the food cart is in a sort of “limbo” – not on the public walkway but also not in the area of the public street in which cars drive. Maybe the NPD feels that this is one of those “ambiguous” situations not quite covered by the City Code and yet not quite illegal, either – in which case they are pretty much ignoring the situation specifically because it is so ambiguous? Exactly what would they cite this vendor for – can’t cite him for blocking the public walkway, because he isn’t. And they can’t cite him for being in the way of the public street because he isn’t blocking traffic in any way either. If he has his permits and license, what exactly would they ticket him for?

nicdolyak

I agree with your statement well spoken this vendor is not in a public walkway and is not really in the public street it is off to the side in an area not blocking any traffic or even taking up a regular parking space it is in a limbo status which means they are really not breaking any laws.

OLD TIMER

At that point,on that street, the travelled portion of the road is wider, because there is a no parking section, so cars turning right and cars going straight ahead or turning left can split into two lanes. He is on the highway, in a no parking zone, and should not be allowed to stay there. Somebody needs to call the police and complain the minute he shows up, before the car towing it gets away.

nicdolyak

If this was correct it would of happened already,obviousely there is a limbo status and I am sure something of this nature exspecially in SONO was discussed with the proper channels in the city and the conclusions were reached and agreed to leave it alone because technically they are not in violation.

anonymous-john

Has anyone asked why the clerk refuses to issue a permit to the vendor when the ordinance has a “Shall Issue” status? Has anyone found out what businesses are complaining? The management I have talked to that are open at that time seem to have no problem with the cart being there.
turfgrrl

Old Timer: Right on with the location. If a car parked there they would be ticketed immediately and towed. I just checked with the City Clerk’s office today, no vending permit has been issued. Even more interestingly, the vendor apparently doesn’t pay any Norwalk property taxes, the cart and truck used are not registered in Norwalk, nor is the business is registered in Norwalk. nicdolyak is totally incorrect on the “discussed with proper channels.” I did confirm that there is no vending permit issued. The sole permit the cart has is a health department permit which simply covers food handling on private property.

anonymous-john

did you ask if he applied for a permit, and if he did, why the clerk refused to issue it when the ordinance said they shall issue?

TK

all vendors in norwalk apply but never get it or are told one is not needed so they all just open up with a health permit it has been this way for years.

city hall is to blame permit laws are not properly issued and for years all vendors are told that a health permit and inspection is all you need all street vendors in norwalk operate this way.

but when there is a complaint everyone pushes the problem around what needs to be done is they should issue all the permits correctly to those in the vending business and that solves all the back and forth shuffle that goes on but city clerks office will not do that they are the ones in violation not the street vendors.

BLARNEY

Want to stop the problem immediately?

Put a wheel boot lock on the thing. CASE CLOSED.
OLD TIMER

If anybody complains to the police, at the right time, this thing will be gone in minutes. The police can offer to have it towed away for blocking the travelled portion of the highway and, unless the owner is an idiot, it will be moved. If it turns up later, legally parked, and attached to a tow vehicle, then it gets a bit more complicated. It is against the law to leave any vehicle parked without setting the parking brakes. Most small trailers, like this one, do not have parking brakes and cannot be legally left parked on the highway, without being attached to a tow vehicle with parking brakes.

ladygaga

Enquiring minds want to know what the real story is behind this food vendor??? Why is this story such a big deal???? There is more to this story than a vending cart parked on Washington Street late at night selling food. Most people have no problem with them being there and feeding the hungry public after a night of dancing and drinking alcohol everyone from nightclub owners, restaurant owners, college kids, law enforcement they all buy food off of this cart and from what I hear they are the best around so what’s up?????????
Bartender 2009

Hey Old Timer,

Why don’t you be the hero and complain if you know so much??? and see if your philosophy works???? they are legit because if they were not they would have been kicked off the street a long time ago!!! and did it ever occur to you that maybe they are in a designated spot????

OLD TIMER

A large part of the story is the fact he is parked in a no parking zone where you and I would get a ticket, and, he has no vendor permit. If I ran a restaurant in the area, paying big rent and taxes, I would be very unhappy about this freeloader (no rent, no taxes, free parking, probably no sales tax permit) competing for my customers, with food at prices I can’t match. There are other similar vendors, who park on private property and presumably pay rent. They have problems with Zoning enforcement as a use that requires a zoning permit they don’t have. It is not that easy to go into business feeding people without all the required permits, and a considerable investment. There are canteen trucks that drive around and stop at construction sites and other places people are working. They need permits, and they don’t park near restaurants and compete for the same customers. There used to be a fleet of them based on Bouton St. Every so often somebody starts up a hot dog business and some do very well, in the right location. In Hartford, there are a number of them flourishing on Elm St every day. New York has lots of them. There is one parked every day outside the Courthouse in Bpt., in a reserved parking zone. (court and law enforcement vehicles only)
OLD TIMER

I’ll bet that guy that just opened a new place down there and had to pay big bucks in lieu of parking for four spaces and is now in discussion with the City who say it should have been for five, is thrilled to see this guy doing business without all that bother.
OLD TIMER

Bartender
Go back and re-read the handle I use. At my age, I am safely tucked in for the night by the time that trailer shows up on Washington St. I do not have a stake in any of the other businesses that sell food in the neighborhood. And, I lost all interest in the hero business a long time ago.
The fact is, that thing is illegal at many levels. Finding a place where it could be legally parked would help, as there is not much interest in enforcing the street peddlar permit law. If somebody makes a complaint at the right time, you can be certain it will not be parked there again. It might still show up and park somewhere else, but not free illegal parking. If nobody cares enough to make the complaint, it will continue to flout the law(s), and we will all be shocked when others decide Norwalk is a pretty safe place to break other laws.
If you were considering opening a food business in that neighborhood and you saw that somebody with very small investment and practically no overhead was already doing business as your competition how quickly would you commit the money to open your own place ? This administration is supposed to be supportive of existing businesses and people planning to open new businesses.
Judge by what they do, not by what they say

Bartender 2009

No one is complaing on the street except one person who does not own a restaurant but owns a ornament shop called Sassafras which is next door to Rain nightclub and the police know that this complainer who is not even on the street late at night is a ballbuster the food people have no problem with this vendor this guy started all the hoopla and then went to the city clerks office complaining and obviousely he is a friend of the city clerks and all the commotion started but no matter what stunts these people pull the law says they are good and legitimate and that’s whose opinion matters no one else’s and that’s it they will be there as long as they want this is why now they have called on their friend turfgirl to write about this story in order to get the public angry look at the complete statutes and you will see a paragraph missing that turfgirl decided to leave out to make her argument seem stronger but when in reality these food vendors have broken no laws because if they did the police would not allow them to be there and so they are legitimate and we the employees of So Norwalk wish them the best and so should the rest of you bloggers time to move on folks!!!!!!!!!!

OLD TIMER

It is good to know we have such wise and knowlegable bartenders working in that neighborhood. It is not clear to me how he, or she, determines all the facts reported. It doesn’t seem like a neighborhood where one bartender would have that many people reporting to him/her. I notice he/she did not take the time to point out to us less well informed what law TG misquoted, or what law makes this particular entrepeneur legitimate. Probably much too busy, gathering more information.
Secondhand Rose

Well, my guess is that if the cops don’t think this vendor is worth harassing and ticketing or arresting, then the rest of us shouldn’t worry about it either.