[HISTORY: Adopted by the Mayor and Council
of the Township of Florence as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Auctions, markets and casual sales — See Ch. 43.
Criminal history background checks — See Ch. 65A.
Land development — See Ch. 91.
Littering — See Ch. 95.
Mercantile licenses — See Ch. 98.
Newspaper vending boxes — See Ch. 100.
Noise — See Ch. 102.
Parks and recreation — See Ch. 110.
[Adopted 12-21-1983 by Ord. No.
1983-12 as Ch. 110 of the 1983 Code]
As used in this Article, the following terms
shall have the meanings indicated:
Includes itinerant vendors of merchandise who shall go from
door to door or from house to house in this township selling, causing
to be sold, offering for sale or causing to be offered for sale or
taking orders for present or future delivery of merchandise of any
description whatsoever, and shall include persons going from door
to door for the purpose of obtaining alms, orders, subscriptions,
making canvasses or surveys or other solicitations.
No person shall solicit or act as a solicitor
from door to door within this township without first registering with
the Chief of Police of the Township of Florence as provided in this
Article.
Each such registrant shall, at the time of registering,
give to the Chief of Police, in writing, his name, address and such
other personal data as is required to identify him, together with
two recent photographs of his face, approximately two and one-half
by two and one-half (2 1/2 x 2 1/2) inches in size, together
with the purpose of his proposed canvassing or solicitation, the route,
date and approximate hours of his itinerary in the township (which
shall be between the hours of 10:00 a.m. and 5:00 p.m.), any prior
convictions of crime and his fingerprints, together with sufficient
information to determine whether or not the business he is to transact
is intrastate or interstate commerce.
Each registrant, upon being so registered, shall
be issued a registration certificate by the Chief of Police, upon
which shall be affixed one photograph of the applicant, signed by
the Chief of Police so that part of his signature covers part of the
photograph; provided, however, that no person who has been convicted
of a crime shall be issued any such certificate.
Each registrant shall carry the registered certificate
at all times and shall exhibit it to any person upon request.
Each registrant shall, at the conclusion of
each day's canvassing or solicitation, deposit his registration certificate
with the Chief of Police.
No such registration certificate shall be issued
to any person who has not complied with any law of the State of New
Jersey or ordinance of this township regulating soliciting, canvassing
or itinerant vendors of merchandise.
No person, whether registered or not, shall
visit or call at any private residence for the purpose of solicitation,
as defined in this Article, when banned by the householder by a sign
bearing words to the effect that solicitors or peddlers are not invited
or are prohibited.
Any such registration certificate so issued
may be revoked by the Chief of Police for violation of this chapter
or any other ordinance of the township regulating solicitors, canvassers
or itinerant vendors of merchandise or for any false information given
in said application.
No person shall solicit within the meaning of
this articlebefore the hour of 10:00 a.m. or after the hour of 5:00
p.m.
A fee of $5 per day, per certificate, shall
be paid by the registrant for each such registration certificate issued.
[Amended 12-1-1993 by Ord. No. 1993-32]
Any person or persons violating this article
or any of the provisions hereof shall, upon conviction, be subject
to a fine not exceeding $1,000 or to imprisonment in the Burlington
County Jail for a term not exceeding 90 days or to a period of community
service not exceeding 90 days, or any combination thereof, at the
discretion of the Judge before whom such conviction is made.
These provisions are in addition to any other
ordinance or ordinances regulating itinerant vendors of merchandise,
solicitation or canvassing within the Township of Florence.
[1]
Editor’s Note: This ordinance also provided
for an effective date of 9-1-2006.
This article shall be known as the "Transient
Merchant and Temporary Business Licensing Ordinance of the Township
of Florence."
It is hereby found and determined by the Township Council of the Township of Florence that, in order to protect the citizens of the Township from improper sales techniques engaged in by transient merchants and in order to protect the public health and safety of the citizens utilizing the services of transient merchants and temporary businesses that offer for sale food and drink for public consumption, it is necessary to regulate the operations of transient merchants and temporary businesses operating within the Township of Florence in order to preserve and protect the good of the public health, safety and welfare of the citizens of the Township. It is also the intent of this article to preserve the intent of the Master Plan and zoning regulations of the Township of Florence by prohibiting temporary businesses from engaging in commercial uses in those areas in the Township where those uses are prohibited by Chapter 91, Land Development, of the Code of the Township of Florence. This article is designed to provide for the licensing and regulation of transient merchants and temporary businesses. It is the purpose and intent of the article to protect the people of Florence Township from improper sales techniques and to provide for the regulation of transient merchants and temporary businesses by the Board of Health, where appropriate, to provide for the preservation of the intent of the Master Plan and Land Development Ordinance of the Township as to the uses engaged in by transient merchants and to provide for the orderly conduct of transient merchant and temporary business operations by providing for the licensing and regulation of transient merchants and temporary businesses.
As used in this article, the following terms
shall have the meanings respectively ascribed to them in this section:
Any individual, corporation, partnership, limited liability
company, association or other entity
Any business conducted for the sale or offer for sale of
goods, wares, merchandise or food or drink for consumption on or off
the premises which is carried on in or on any building, structure,
motor vehicle, railroad car or real estate for a period not to exceed
30 consecutive calendar days in any calendar year. The thirty-day
period may, with the approval of the Council, be divided into three
periods of 10 days each. "Temporary business" shall also include any
person who, as a private enterprise, schedules, organizes or promotes
entertainments, concerts, athletic events, contests or competitions
or beauty pageants to be held on a nonregular basis and which require
the payment of a fee for entry or admission, where such event is to
take place within the confines of the Township of Florence; provided,
however, that no such person shall be classified as a temporary business
if he is sponsored by any bona fide civic, fraternal, educational
or religious organization having a local chapter in the Township of
Florence.
Any person, firm, corporation, partnership or other entity
which engages in, does or transacts any transient business in the
Township of Florence by traveling from place to place in the Township,
offering for sale or selling goods, wares, merchandise or services.
A.
The provisions of this article shall not apply to:
(1)
Sales at wholesale to retail merchants by commercial
travelers or selling agents in the usual course of business.
(2)
Wholesale trade shows and/or conventions.
(3)
Sales of goods, wares or merchandise by sample catalog
or brochure for future delivery.
(4)
Any general sale, fair, auction or bazaar sponsored
by any civic, fraternal, educational or religious organization.
(5)
Garage sales held on premises devoted to residential
use.
(6)
Sales of crafts or items made by hand and sold or
offered for sale by the person making such crafts or handmade items.
(7)
Any new home construction contractor, residential
developer, plumber or electrical contractor who is licensed or regulated
by any state, county or municipal agency, division, department or
professional board and any contractor of home improvements as defined
in N.J.A.C. 13:45A-16.1 who, in the normal course of business, advertises
or performs his services in the Township of Florence, provided that
any such tradesman complies with all state, county and municipal regulations
enforceable by the Township Construction Code Official.
(8)
Sale of produce, flowers or other agricultural products from buildings or from roadside stands where the premises in question is owned by the farmer, it being the express intention of the article that nothing herein shall prohibit the sale of agricultural products on lands owned by the farmer unless prohibited by Chapter 91, Land Development.
B.
A transient merchant or temporary business not otherwise
exempted from the provisions of this article shall not be relieved
or exempted from the provisions of this article by reason of associating
himself temporarily with any local dealer, auctioneer, trader, contractor
or merchant or by conducting such temporary business in connection
with or in the name of any local dealer, auctioneer, trader, contractor
or merchant.
A.
It shall be unlawful for any transient merchant or
temporary business to transact business within the confines of the
Township of Florence unless such merchant and the owners of any goods,
wares, merchandise, food or drink to be offered for sale or sold,
if such are not owned by the merchant, shall have first secured a
license and shall have otherwise complied with the requirements of
this article.
B.
Any person or entity that transacts a transient or
temporary business as defined herein without having first obtained
a license in accordance with the provisions of this article or who
knowingly advertises, offers for sale or sells any goods, wares, merchandise,
food or drink or services in violation of the provisions of this article
shall be a disorderly person. The penalties prescribed herein shall
be in addition to any other penalties prescribed by law for any criminal
offense committed by the licensee.
Any transient merchant or temporary business
desiring to transact business within the confines of the Township
of Florence shall make application for and obtain a license therefor.
The application for license shall be filed with the Township Clerk
and shall include the following information:
A.
The name and permanent address of the transient merchant
or temporary business making the application and, if the applicant
is a firm or corporation, the name and business and home addresses
of the members of the firm or the officers of the corporation, as
the case may be. If the applicant is a partnership, the name and address
of all the partners. Post office box addresses will not be accepted.
B.
If the applicant is a corporation or limited liability
company, there shall be stated on the application form the date of
incorporation or formation, the state of incorporation or registration
and, if the applicant is a corporation or limited liability company
formed in a state other than the State of New Jersey, the date of
which such corporation or limited liability company qualified to transact
business in the State of New Jersey.
C.
A statement showing the kind of business proposed
to be conducted, the length of time for which the applicant desires
to transact such business and, for a temporary business, the location
or locations of such proposed place of business.
D.
The name and permanent address of the applicant's
registered agent. Post office box addresses will not be accepted.
E.
Proof that the applicant has acquired all Board of
Health approvals and is in compliance with all Board of Health regulations.
F.
Proof the applicant is in compliance with all Fire
Code regulations.
G.
Proof that the applicant has acquired all other required
Township, county and state permits and licenses.
H.
Proof that the applicant, if utilizing a motor vehicle
as part of the transient merchant operation, maintains minimum combined
single limit liability insurance in the amount of $100,000, naming
the Township of Florence as an additional insured.
A.
Each registered agent designated by a transient merchant
or temporary business in the application for a license shall be a
resident of the State of New Jersey and shall be agent of the transient
merchant or temporary business upon whom any process, notice or demand
required or permitted by law to be served upon the transient merchant
or temporary business may be served. The registered agent shall agree,
in writing, to act as such agent, and a copy of the agreement to so
act shall be filed by the applicant with the application for a license.
B.
The Township Clerk shall maintain an alphabetical
list of all transient merchants and temporary businesses in the Township
and the names and addresses of their registered agents.
C.
If any transient merchant or temporary business doing
business or having done business in the Township of Florence shall
fail to have or maintain a registered agent in the State of New Jersey
or if such registered agent cannot be found at his permanent address,
the Township Clerk shall be an agent of such transient merchant for
service of all process, notice or demands. Service on the Township
Clerk shall be made by delivering to him, or any person designated
by the Clerk to receive such service, duplicate copies of the process,
notice or demand. When any such process, notice or demand is served
on the Clerk, he shall immediately cause one copy thereof to be forwarded
by certified mail to the permanent address of the transient merchant
or temporary business. The provisions of this section shall not limit
or otherwise affect the right of any person to serve any process,
notice or demand in any other manner now or hereinafter authorized
by law.
Each applicant for a transient merchant license
or temporary business license shall be accompanied by a license fee
of $250.
A transient business license or temporary business
may be issued hereunder only by the Township Council and only when
all requirements of this article have been met. Such license shall
not be transferable, shall be valid only within the territorial limits
of the Township of Florence, shall be valid only for a period of one
year from the date of issuance and shall be valid for the business
stated in the application. A license so issued shall be valid for
only one person, unless such person shall be a member of a partnership
or employee of a firm or corporation obtaining such license. The application
shall be referred to the Chief of Police, who shall provide the Township
Council with a report as to whether or not the applicant has a criminal
record upon completion of a background check of the applicant. The
applicant must report to the Police Department and provide information
needed to conduct the background check. The applicant must provide
a money order, or certified check, in the amount set by the New Jersey
State Police that will be sent in with the applicant's fingerprint
card to the New Jersey State Police. The Township Council may deny
the issuance of a transient merchant license if it determines that
the applicant has a criminal record, is engaging in criminal activity
or has violated the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., or
previously violated regulations promulgated by the Board of Health
or previously violated the provisions of this article or any other
governmental regulation governing mercantile operations, such that
the issuance of said license will be harmful to the health, safety
and/or welfare of the people of Florence Township.
B.
Any temporary business located on any lot within the
Township of Florence, without regard to the amount of time located
on the lot, shall first obtain approval for a minor site plan specifically
providing for adequate off-street parking, landscaping and buffering
from adjacent uses.
C.
Prior to conducting operations on property located
in the aforesaid districts, the temporary business must first obtain
the written permission of the owner of the property. This written
permission shall be submitted as part of the license application.
D.
Transient merchants may conduct their business operations on property
located in all zoning districts established on the Zoning Map of Florence
Township during periods of construction activity, provided that the
transient merchants first obtain the written permission of the property
owner. Transient merchants may also conduct their business operations
on property located in the Special Manufacturing (SM) and General
Manufacturing (GM) Zones, provided that they first obtain the written
permission of the property owners. The transient merchant may only
conduct business at any site for a period of not more than 20 consecutive
minutes in any two-hour period of time, except, however, that the
aforesaid time limitation for transient merchants shall not apply
to any person honorably discharged from active military service in
the United States who holds a valid license issued pursuant to N.J.S.A.
45:24-9 et seq., and possesses corresponding identification in conformity
with said statute. Transient merchants may only conduct business at
construction sites from the time of the issuance of a building permit
until the last certificate of occupancy is granted on the construction
site.
[Amended 11-7-2018 by Ord. No. 2018-28]
E.
Transient merchants may conduct their business operations in all
districts established on the Zoning Map of Florence Township, provided
that the business operation is mobile and is conducted on a public
right-of-way. "Mobile" is defined to mean stationary for a period
of not more than 20 minutes, however, this definition shall not apply
to transient merchants that hold a valid license issued pursuant to
N.J.S.A. 45:24-9 et seq., and possess corresponding identification
in conformity with said statute. The mobile operation must move a
minimum of 600 feet prior to resuming sales activities. The mobile
operation may not return to any one location within 600 feet of a
prior location where operations were conducted for a minimal period
of one hour's time.
[Amended 11-7-2018 by Ord. No. 2018-28]
The Township Council may revoke any license
issued hereunder if it finds that the licensee has engaged in criminal
conduct or engaged in conduct in violation of the Consumer Fraud Act,
N.J.S.A. 56:8-1 et seq., or violated the regulations of the Board
of Health or violated the provisions of this article or any other
governmental regulation governing the merchant's operations. Prior
to revoking the license, the Township Council shall first serve upon
the licensee through his registered agent a notice of its intent to
revoke the license and setting forth the reasons therefor. This notice
shall be served by certified mail, return receipt requested, and shall
be effective within 20 days of the date of the notice unless, prior
thereto, the licensee requests a hearing before the Township Council
to show cause why the license should not be revoked. A request for
a hearing shall stay the revocation of the license until such time
as the hearing has been conducted and a final decision rendered by
the Township Council. The licensee shall be entitled to appear at
the hearing with an attorney and to present witnesses and other proofs
intending to show that the license should not in fact be revoked.
It is the duty of the Township Police Department,
the Township Construction Code Official and the Board of Health to
enforce the provisions of this article.
