[HISTORY: Adopted by the Board of Commissioners
of the Borough of Longport 6-16-1982. Amendments noted where applicable.]
[Amended 12-28-1996 by Ord. No. 96-12]
As used in this chapter, the following terms
shall have the meanings indicated; except that any person distributing
materials or soliciting for totally noncommercial or political purposes
between the hours of 8:00 a.m. and 9:00 p.m. shall not be included
in any of the following definitions:
Any person who distributes or causes to be distributed on
any street or public place within the Borough any newspaper, periodical,
book, magazine, handbill, circular, card or pamphlet or printed material
of any kind.
All goods, wares, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed material, farm products, services
and orders or contracts for services, home improvements or alterations
and anything that may be sold or distributed by peddlers, solicitors
or distributors, as defined herein.
Any person, whether a resident of the Borough or not, who
goes from house to house, place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
carrying or transporting merchandise for the purpose of selling and
delivering the merchandise to customers. The word "peddler" shall
also include "vendor," "hawker" and "huckster."
Any individual, firm, partnership, corporation, organization,
club, association or any principal or agent thereof.
Any person, whether a resident of the Borough or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
soliciting, taking or attempting to take orders for the sale of merchandise
or services of any kind for future performance or delivery, whether
or not such individual has, carries or exposes for sale a sample of
the merchandise or services and whether or not he is collecting advance
payments on such sales or order, or who engages in any of the foregoing
activities from a stationary location on any street or other public
place. The word "solicitor" shall also include the word "canvasser"
or any person who goes from door to door, as described above, for
the purpose of soliciting and/or who collects funds from a stationary
location on any street or other public place.
Any person engaging in the activities commonly referred to
as "transient merchant" or "itinerant vendor," who merchandises or
sells with the intent to close out or discontinue such business within
a period of one year from the date of commencement and occupies a
room, building, lot or other structure or other premises for the purpose
of selling merchandise.
Any motor vehicle, pushcart, wagon or other wheeled vehicle
or device which may be moved with or without the assistance of a motor,
used for displaying, storing or transporting of articles offered for
sale by a peddler or vendor.
It shall be unlawful for any peddler, vendor,
solicitor, distributor or transient merchant to sell, vend, offer
for sale or distribute merchandise, printed material or services within
the Borough without first registering with, filing an application
for registration with, paying a registration fee to and obtaining
a registration certificate from the Borough of Longport.
Upon obtaining a registration certificate as
hereinafter provided, a peddler, vendor, solicitor, distributor or
transient merchant may conduct his activities within the Borough only
as long as he adheres to the regulations set forth herein and carries
the registration certificate upon his person at all times during the
conduct of his activities. The registration certificate shall identify
the person and the type of activity for which he has registered and
shall be shown to any person or police officer upon request. All certificates
shall expire December 31 of the calendar year in which they are issued.
Every applicant for a certificate under this
chapter shall file with the Chief of Police a sworn, written application
on a form to be furnished by said Chief, which shall give or be accompanied
by the following information or documents:
A.
The name and description of the applicant.
B.
The permanent home address and full local address
of applicant.
C.
A brief statement of the nature of the business and
a description of the merchandise or service to be sold.
D.
If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
E.
The length of time for which the certificate is desired.
F.
If a vehicle is to be used, a description of such
vehicle and its license number.
G.
The place where the merchandise or services to be
sold or offered for sale are manufactured or produced, where such
goods or property are located at the time such application is filed
and the proposed method of delivery.
H.
A photograph of the applicant taken within 60 days
immediately prior to the date of the application, which photograph
shall clearly show the head and shoulders of the applicant and shall
measure two inches by two inches.
I.
Two business references located in the County of Atlantic,
State of New Jersey, or in lieu thereof, such other available evidence
of the character and business responsibility of the applicant as to
properly evaluate such character and responsibility.
J.
A statement as to whether the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
K.
The fingerprints of the applicant.
A.
When the application is properly filled out and signed
by the applicant, the original and duplicate thereof shall be filed
with the Chief of Police, who shall make or cause to be made within
15 business days such investigation of the applicant's business responsibility
and character as he deems necessary for protection of the public good.
B.
If as a result of such an investigation the applicant's
character or business responsibility is found to be unsatisfactory,
the Chief of Police shall endorse on such application his disapproval
and his reasons therefor. Any determination by the Chief of Police
that an application is unsatisfactory shall be based on one or more
of the following findings with respect to the applicant:
C.
In the absence of any such finding, the Chief of Police
shall find the application satisfactory and shall endorse his approval
on the application.
A.
If an application is found unsatisfactory by the Chief
of Police, he shall notify the applicant by mail that the application
is disapproved and shall deny the applicant any registration certificate.
B.
If an application is found satisfactory by the Chief
of Police, he shall issue a registration certificate addressed to
the applicant to conduct the business applied for upon payment of
the proper fee by the applicant. Such certificate shall contain the
signature of the issuing officer and shall show the name, address
and photograph of the applicant, the type of business (peddler, vendor,
solicitor, distributor or transient merchant) the applicant has registered
for, the kind of goods or services to be paid thereunder, the date
of issue, the length of time for which the certificate shall be operative
and the license number and other identifying description of any vehicle
used in the activity licensed.
A.
At the time of the application fee for the issuance
of a registration certificate, a fee of $450 shall be paid by the
applicant to cover the costs of investigation and the administration
and enforcement of this chapter. Such fee shall be in addition to
any fee which may be chargeable under any other ordinance of the Borough.
B.
Where an organization has several agents peddling,
soliciting or distributing merchandise or printed material, each agent
shall be registered separately and each shall pay the appropriate
fee. Upon expiration of a certificate, a new certificate will be issued
upon compliance with all provisions of this chapter and the payment
of fees and posting of bond, except that the investigation and waiting
period therefor may be waived by the Chief of Police.
A.
Prior to the issuance of any certificate, the applicant
shall file with the Borough a bond running to the Borough in the amount
of $1,000 with good and sufficient surety, in such form as shall be
approved by the Borough Attorney or his designated representative.
Said bond shall remain in force for the term of the certificate and
shall be conditioned to indemnify and pay the Borough for any penalties
or costs incurred in the enforcement of any of the provisions of this
chapter and to indemnify or reimburse any purchaser of personal property
from the holder of the certificate in sum equal to at least the amount
of any payment such purchaser may have been induced to make through
the misrepresentation as to kind, quality or value of the personal
property, whether the misrepresentations were made by the licensee
or said licensee's agents, servants or employees, either at the time
of making the sale or through an advertisement printed or circulated
with reference to such personal property or any parts thereof.
C.
The Board of Commissioners may, by resolution, exempt
persons from the bond requirement, provided that the applicant satisfies
the Board of Commissioners that the nature of his activity does not
jeopardize the position of the Borough or the protection given herein
to the residents.
Any person aggrieved by the action of the Chief of Police in the denial of a certificate, as provided in § 132-6, shall have the right of appeal to the Board of Commissioners. Such appeal shall be taken by filing with the Board of Commissioners, within 14 days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Board of Commissioners shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 132-10 for notice of hearing on revocation. The decision of the Board of Commissioners on such appeal shall be final and conclusive.
A.
Certificates issued under the provisions of this chapter
may be revoked by the Board of Commissioners, after notice and hearing,
for any of the following causes:
(1)
Fraud, misrepresentation or a material incorrect statement
contained in the application for a certificate.
(2)
Fraud, misrepresentation or a material incorrect statement
made in the course of carrying on his business as solicitor, peddler,
distributor or transient merchant.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business of peddler, solicitor, distributor
or transient merchant in an unlawful manner or in such manner as to
constitute a breach of the peace or to constitute a menace to the
health, safety or general welfare of the public.
B.
Notice of the hearing for revocation of a certificate
shall be given by the Borough Clerk in writing, setting forth specifically
the grounds of complaint and the time and place of the hearing. Such
notice shall be mailed, postage prepaid, to the holder of the certificate
at the address given on the application at least five days prior to
the date set for the hearing or shall be delivered by the agent of
the Borough in the same manner as a summons at least three days prior
to the date set for the hearing.
C.
Upon revocation, the certificate shall be surrendered
to the Borough Clerk.
The business of hawking, peddling or vending
shall be subject to the following regulations, whether certified or
licensed by this municipality or the State of New Jersey:
A.
No vending unit shall remain in a fixed location.
C.
All vending units must be on wheels and movable.
D.
Any vending unit shall park only in areas where automobiles
are permitted to park and shall begin the sale within five minutes
from the time the vehicle is so parked and shall leave the location
within five minutes after the last sale.
E.
There shall be no vending within 200 feet of the grounds
of any school between the time period 1/2 hour prior to the start
of the school day and 1/2 hour after the end of the school day.
F.
There shall be no sale of food or beverage for immediate
consumption unless the vendor has made available for public use a
litter receptacle.
G.
No vendor shall allow any items relating to the operation
of the vending business to be placed anywhere other than in or under
the vending unit.
H.
No vendor shall set up a crate, carton, rack or other
device to increase the selling or display capacity of his unit or
motor vehicle. There shall be no stacking of items to be sold upon
the sidewalk or street. All materials and all merchandise shall be
located solely on the vending unit.
I.
No person shall sell anything other than such commodities
as are described in his registration. No vendor shall have the exclusive
right to any location in the public streets nor shall be permitted
to locate or stop in a congested area where his operation might impede
the public traffic.
J.
No vendor shall sell from a vending unit on a sidewalk
where the sidewalk is not more than 10 feet in width or vend within
10 feet of any entrance of any building or vend within 20 feet of
any driveway or within 20 feet of any crosswalk of any intersection
or 20 feet of any bus stop or 20 feet of any loading or unloading
zone or within a radius of 150 feet of any premises where the merchant
is dealing in like items.
K.
No vendor vending from a motor vehicle shall conduct
his business in such a way as would restrict or interfere with the
ingress or egress of any abutting property owner or tenant or create
a public nuisance, increase traffic congestion or delay or constitute
a hazard to traffic, life or property or an obstruction to an adequate
access for fire, police or sanitation vehicles.
L.
No vendor shall be permitted to operate in an area
where his operation impedes the public.
M.
No vendor vending from any vending unit shall stop,
stand or park his vending unit on any street for the purpose or sell
in any street under circumstances during the hours where parking,
stopping or standing is prohibited by signs or curb markings or is
prohibited by statute or ordinance.
N.
No vendor vending from a motor vehicle shall remain
in any area longer than necessary to make his sale after having stopped
for that purpose.
O.
No vendor shall stop, stand, park, place or allow
his vending unit to be used by any other vendor.
P.
No vendor shall peddle, vend, hawk, solicit or distribute
merchandise except between the hours of 8:00 a.m. and 6:00 p.m., prevailing
time, unless specifically having been invited into a house by the
occupant or having made an appointment with a person previously.
Q.
No vendor or solicitor shall attempt to peddle, solicit
or distribute merchandise or printed material without first having
identified himself as a peddler, solicitor or distributor registered
with the Borough and displaying his certificate.
R.
No vendor or solicitor shall have exclusive right
to any location in the public streets or operate in any congested
area where his operations might impede or inconvenience the public.
S.
No vendor or solicitor shall leave at a property or
house or in any public place circulars, samples or other matter, except
newspapers, which shall be defined as a periodical with a paid circulation
of at least 90% of its total circulation, except when handed to a
person or house occupant.
T.
No vendor or solicitor shall enter or attempt to enter
the land of any resident in the Borough without an express invitation
from the occupant of the house.
U.
No vendor or solicitor shall conduct himself in such
a manner as to become objectionable to or annoy an occupant of any
house.
V.
No vendor or solicitor shall shout, cry out, blow
a horn, ring a bell or use any sound-making or sound-amplifying device
upon any of the streets, parks or public places of the Borough or
upon private premises where sound of sufficient volume is emitted
or produced therefrom capable of being plainly heard upon the streets,
avenues, parks or other public places of the Borough or upon private
premises for the purpose of attracting attention to any merchandise
or services.
W.
No vendor or solicitor shall distribute obscene merchandise
or printed material or that which advocates unlawful conduct.
X.
No vendor or solicitor shall litter the streets, public
places or properties within the Borough with any merchandise or printed
material.
Vendors of food and beverages shall comply with
the inspection provisions and standards of the New Jersey State Sanitary
Code. In addition to any other health and sanitary requirements, the
following regulations must be followed:
A.
All vending units dispensing hot food shall be equipped
with:
(1)
Twin potable water tanks consisting of a minimum capacity
of eight gallons, heated electrically or otherwise to a temperature
of 140° F. or above and tilted toward a capped drain cock. The
water inlet pipe shall be of removable flexible copper or other tubing
approved by the Planning Subcode Official of the Borough of Longport,
with a nozzle for hose connection when not being used.
(2)
A hand wash sink, seamless, with hot and cold water,
soap and single-service towels.
(3)
A suitable waste tank with an adequate method of gauging
the contents and having a capacity at least equal to the capacity
of the water supply tank and tilted toward a drain cock. All waste
shall be emptied in a sanitary manner in order to maintain sanitary
conditions.
(4)
A refrigerated box capable of maintaining a temperature
of 45° F. or below and equipped with an indicating thermometer
for various ingredients carried, with metal racks or platforms provided
to store ingredients.
(5)
A refuse container with cover attached to the cart
for deposit of papers and other solid wastes by customers and operators.
Said container must be readily cleanable and kept clean.
B.
All food while being stored, prepared, displayed,
served, sold or transported shall be protected against contamination
from dust, flies, rodents and other vermin, unclean utensils and work
surfaces and toxic materials.
The following persons or organizations are exempt
from the payment of a fee and, in the discretion of the Chief of Police,
the application and/or investigation procedures, upon compliance with
all other provisions of this chapter and submission of applicable
identification and documents to support the claim to exemption:
A.
Any charitable or religious society that shall conduct
sales of personal property when the proceeds thereof shall be applied
to the payment of the expenses thereof and to the charitable or religious
object for which the society exists.
B.
Any person honorably discharged from the military
services of the United States, possessing a peddler's license issued
in conformity with N.J.S.A. 45:24-9 and 45:24-10.
C.
Any person who is an exempt fireman of a volunteer
fire department, as defined in N.J.S.A. 45:24-9 and 45:24-10, possessing
a license in conformity with said law.
D.
Any public utility or its employees, which said public
utility is subject to regulation by the State Board of Public Utility
Commissioners; provided, however, that such employees shall display
the identification badge or card issued by their employer.
E.
Any person selling fruits and farm products grown
by himself, with or without the help of others.
F.
Any person engaged in the delivery of goods, wares
or merchandise or other articles or things, in the regular course
of business, to the premises of persons who had previously ordered
the same or were entitled to receive the same by reason of a prior
agreement.
G.
Any school, political or civic organization, benevolent
society, service club or organization not for profit which is located
in or has a substantial membership from the Borough.
[Added 4-18-2007 by Ord. No. 2007-06[1]]
A.
The Borough of Longport Volunteer Fire Department is hereby authorized
to solicit contributions in and along all the streets and roadways
within the Borough of Longport.
B.
If the street or roadway is under the County of Atlantic jurisdiction,
or under the State of New Jersey jurisdiction, the foregoing authority
to solicit is subject to approval by the Board of Chosen Freeholders
of the County of Atlantic or the proper authorities of the State of
New Jersey, as the case may be.
C.
The Longport Volunteer Fire Department shall conform to all street
and roadway soliciting rules and regulations of the Borough of Longport,
County of Atlantic, and State of New Jersey, as the case may be.
Any person violating the terms of this chapter,
whether as principal, agent or employee of another, shall, upon conviction
in the Municipal Court, be subject to a fine not exceeding $500 or
to imprisonment in the county jail not exceeding 90 days, or to both,
in the discretion of the Judge.
