[HISTORY: Adopted by the Mayor and Council
of the Borough of Paulsboro 11-18-2002 by Ord. No. 21.02.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 47, Peddlers, Hawkers and Solicitors, adopted 3-20-1962
by Ord. No. 432, as amended.
It shall be unlawful for any peddler, hawker,
vendor, seasonal sales vendor, canvasser or solicitor, as hereinafter
defined, to engage in such activity within the Borough of Paulsboro
without first obtaining a license required by and in accordance with
the provisions of this chapter.
When used in this chapter, the following terms
shall have the following meanings:
Shall include any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
[Added 1-18-2011 by Ord. No. 02.11]
Deemed to be in the category of peddler, hawker, vendor,
solicitor or canvasser, as set forth below.
Includes all goods, wares, foods, fruits, vegetables, farm
products, books, magazines, periodicals, arts, crafts and all kinds
of articles of personal property for domestic use.
Only includes Christmas trees, Christmas wreaths, Christmas
grave blankets, Christmas arts and crafts, Easter flowers, Easter
baskets, Mother's Day flowers, Mother's Day baskets, Valentine's Day
flowers and other articles of arts and crafts related to the seasonal
sales activity.
Any nonprofit religious, charitable, educational, civic or
veterans organization, society, association, service club or volunteer
first aid organization or fire company which is located within and
services the Borough of Paulsboro and sells goods, merchandise or
services at a specific location either owned by the nonprofit organization
or at a location not owned by the nonprofit organization, having the
written consent of the owners of the property to conduct seasonal
sales activities with the Borough of Paulsboro.
A license issued for a single day to cover municipally sponsored
or authorized concerts, parades, or holiday celebrations. Borough
Council may authorize by resolution such license to cover a series
of related events or to exclude events.
[Added 11-4-2009 by Ord. No. 04.09]
Includes any person, whether a resident of the Borough of
Paulsboro or not, traveling either by foot, vehicle or any other type
of conveyance, who goes from house to house, from place to place or
from street to street, conveying or transporting goods, wares or merchandise
and offering or exposing the same for sale or making sales and delivering
articles to purchasers.
Includes any partnership, partner, corporation or corporations or persons, except as defined in § 47-12 hereinafter.
A person who sells goods and/or merchandise for a specified,
limited purpose and period of time at a fixed location owned by and/or
leased by the applicant.
Includes any person, whether a resident of the Borough of
Paulsboro or not, who goes from house to house, from place to place
or from street to street, soliciting or taking or attempting to take
orders for the sale of services to be performed in the future, whether
or not such individual has, carries or exposes for sale a sample of
the subject for such order and whether or not he is collecting advance
payments on such orders.
A specific time period to sell goods and/or merchandise as
follows:
Christmas: a time period not to exceed 30 days,
including Christmas Day and the 29 days immediately preceding Christmas
Day.
Easter: a time period not to exceed five days
including Easter, and the four days immediately preceding Easter.
Mother's Day: a time period not to exceed five
days, including Mother's Day, and the four days immediately preceding
Mother's Day.
Valentine's Day: a time period not to exceed
five days, including Valentine's Day, and the four days immediately
preceding Valentine's Day.
Shall include all sales entitled "garage sale," "lawn sale,"
"attic sale," "rummage sale," "craft sale," "yard sale" or "flea market
sale" or any similar casual sale of tangible personal property which
is advertised by any means whereby the public at large is or can be
made aware of such sale.
[Added 1-18-2011 by Ord. No. 02.11]
A.
Application for a hawker's, peddler's, vendor's, solicitor's
or canvasser's license.
(1)
An applicant for a hawker's, peddler's, vendor's,
solicitor's or canvasser's license under this chapter shall file with
the Borough Clerk a sworn application, in writing, on a form to be
furnished by the Borough Clerk, which shall give the following information:
(a)
The name, address and telephone number of the
organization and or business applying for a license under the provisions
of this section.
(b)
The name, address, telephone number and description
of those individuals to be employed by and engaged in peddling, hawking,
vending, soliciting or canvassing.
(c)
The place or places of residence of the organization
and/or business applying for a license, as well as of those individuals
engaged by the organization and/or business in conducting peddling,
hawking, vending, soliciting and canvassing activities.
(d)
Social security numbers and driver's license
numbers of individuals of the organization and/or business engaged
in the activities of peddling, hawking, vending, soliciting and canvassing.
(e)
Social security numbers and driver's license
numbers of those individuals engaged in peddling, hawking, vending,
soliciting and canvassing for the organization and/or business applying
for a license to conduct said activities.
(f)
A brief description of the nature of the business,
the goods to be sold and the names and addresses of the principal
office of their manufacturer as well as the name and address of the
agent designated to receive service of process in the State of New
Jersey of said organization and/or business applying for a license
under this chapter.
(g)
The length of time for which the right to do
business is desired by the organization and/or business applying for
the license.
(h)
A photograph of each individual who will be
engaged in the peddling, hawking, vending, soliciting or canvassing
and who is employed by the organization and/or the business applying
for a license, taken within 60 days immediately prior to the filing
of the application. The individuals employed by the organization and/or
business applying for a license shall be fingerprinted at the request
of the Chief of Police.
(i)
A statement regarding each individual employed
by the organization and/or business applying for the license as to
whether such individual has been convicted of any crime, disorderly
persons offense or violation of any municipal ordinance, as well as
describing the nature of the events and the punishment or penalty
assessed therein.
(j)
A statement indicating whether or not orders
are to be solicited and taken for future delivery of goods or performance
of services by the organization and/or business applying for the license.
(2)
The applicant, being the organization and/or business
applying for a license, shall list previous licenses issued by the
Borough of Paulsboro as well as other municipalities wherein licenses
have been applied for and issued by those municipalities.
(3)
The applicant shall list all previous licenses issued
by this or any other municipality which have been revoked, who revoked
the license, the date of revocation and the reason given thereof.
B.
Seasonal sales vendors.
(1)
An applicant for a license as a seasonal sales vendor
under this chapter shall file a sworn application with the Borough
Clerk on a form to be provided. A complete application for a seasonal
sales license must be submitted to the Borough Clerk 30 days prior
to the actual specified time period for conducting the seasonal sales
activity. An application determined to be incomplete upon review by
the Borough Clerk shall be returned to the applicant. The following
information shall be provided by the seasonal sales vendor in its
application:
(a)
The name, address and telephone number of the
organization and/or business applying for a license under the provisions
of this section.
(b)
The name, address, telephone number and description
of those individuals to be employed by and engaged in the seasonal
sales activity.
(c)
The block and lot location of the property to
be utilized in conducting the seasonal sales activity.
(d)
Social security numbers and driver's license
numbers of individuals of the organization and/or business, engaged
in the seasonal sales activity.
(e)
Social security numbers and driver's license
numbers of individuals engaged in seasonal sales for the organization
and/or business applying for a license to conduct said activities.
(f)
The length of time for which the right to do business is desired by the organization and/or business applying for the license as per § 47-2 of this chapter, which defines said seasonal sales period.
(g)
A photograph of the individuals who will be
engaged in the seasonal sales vending and who is employed by the organization
and/or the business applying for a license, taken within 60 days immediately
prior to the filing of the application.
(h)
The individuals employed by the organization
and/or business applying for a license shall be fingerprinted at the
request of the Chief of Police.
(i)
A statement as to whether or not the individuals
employed by the organization and/or business applying for a license
have been convicted of any crime, disorderly persons offense or violation
of any municipal ordinance, as well as a description of the nature
of the events and the punishment or penalty assessed therein.
(j)
A list of previous licenses issued by the Borough
of Paulsboro as well as other municipalities wherein licenses have
been applied for and issued or denied by those municipalities.
(k)
A property survey of the lot(s) to be prepared
by a New Jersey licensed professional engineer or surveyor. A hand-drawn
sketch plat may be substituted in lieu of a survey plat as determined
by the Borough Clerk. The purpose of the survey plat and/or sketch
plat is to determine if the proposed use of the property location
is sufficient for the intended purpose of conducting seasonal sales.
The plan must conform with the zoning regulations applicable to any
development within the zone in which the seasonal sales is proposed
to take place, unless grounds can be established satisfactory to the
Borough Council such that a variance (using the standards of the Land
Use Code) can be granted as to a particular deviation. The following
information must be set forth on the survey and/or sketch plat submitted:
[1]
Location of and quantities of merchandise to
be stored and displayed on the lot(s).
[2]
Location of on-site parking, as well as off-site
parking associated with the site location.
[3]
Location of curb cut access to indicate proper
ingress and egress to the site to evaluate and prevent traffic hazards,
congestion or excessive interference with normal traffic movements
on adjacent public streets.
[4]
Location of temporary signs in accordance with
regulations set forth in the Land Development and Use Code of the
Borough of Paulsboro and this chapter.
(l)
A statement as to how the site shall be maintained
during the designated time period, as well as a statement indicating
how trash, refuse and other materials will be disposed of other than
through normal solid waste collection services provided by the Borough
of Paulsboro. All debris, materials, trash, etc., must be removed
from the site within 48 hours following the expiration of the seasonal
sales license issued by the Borough of Paulsboro.
(m)
A certification from the Borough of Paulsboro
Tax Collector that all taxes have been paid on the subject lot and
are current.
(2)
Operating standards for seasonal sales vendors.
(a)
No temporary signs advertising the seasonal
sales activity shall be placed on any tree, telegraph, electric light
or public utility pole or upon rocks or other natural features located
within the public right-of-way. All temporary signs shall be located
on site.
(b)
No more than four temporary signs shall be erected.
Temporary signs shall not exceed six square feet in area nor exceed
four feet in height.
(c)
Temporary signs may not be erected prior to
48 hours before the designated beginning of the seasonal sales activity
and must be removed immediately after the time period stated and licensed
for conducting of the seasonal sales activity.
(d)
No sign shall be erected that is of such character,
form, shape or color that it imitates or resembles any official traffic
sign, signal or device or that has any characteristics which are likely
to confuse or dangerously distract the attention of the operator of
a motor vehicle on a public street.
(e)
Temporary signs shall be kept in a proper state
of repair, in accordance with the requirements of the Borough's Building
Code, Property Maintenance Code and other pertinent regulations. Signs
which fall into such a state of disrepair as to become unsightly or
to pose a threat to public safety may be removed by the Borough at
the owner's expense upon proper notification by the Borough.
(f)
No temporary sign shall be erected within or
project over the right-of-way of any public street or sidewalk. No
temporary signs placed on the site shall be located in such a fashion
which would affect the sight visibility of the motoring public as
determined by the Chief of Police or his designee.
(3)
Any person conducting activities involving the sales
of merchandise as defined under "merchandise (seasonal sales)" in
this chapter shall be required to obtain a seasonal sales license
notwithstanding the issuance of a vendor's license prior to the adoption
of this chapter.
(4)
Seasonal sales activities as defined in this chapter
shall be restricted to all nonresidential zones as designated by the
Land Use Map as adopted by the Borough of Paulsboro. It shall be unlawful
for seasonal sales vendors to operate in locations directly opposite
from or on a diagonal from another seasonal sales vendor or from any
retail or wholesale commercial enterprise which is engaged in selling
the same goods as those offered for sale by the seasonal sales vendor.
To this end, it shall be unlawful for more than one seasonal sales
vendor to operate at a traffic intersection.
C.
Hours of operation.
(1)
The time for soliciting, peddling, hawking, vending
and canvassing shall be between the hours of 12:00 noon and 8:00 p.m.
(2)
The time of seasonal sales shall be between the hours
of 9:00 a.m. and 9:00 p.m.
(3)
All
yard sales shall be conducted between the hours of 8:00 a.m. and 4:00
p.m.
[Added 1-18-2011 by Ord. No. 02.11]
D.
Yard sales.
[Added 1-18-2011 by Ord. No. 02.11]
(1)
Advertising.
(a)
Signs posted on handbills advertising a garage sale as herein
defined shall be of a size not larger than 12 inches by 12 inches
and must contain, in addition to the definition of the type of sale
being advertised, the name and address of the person conducting the
sale.
(b)
No yard sale sign shall be posted earlier than seven days prior
to the day of the yard sale.
(c)
A newspaper advertisement of such sale shall contain the address
of the person conducting the sale.
(d)
All such signs shall be removed within 24 hours after the completion
of the sale.
(e)
Signs advertising permitted yard sales shall not be posted on
telephone poles, other public utility structures or within any required
sight triangle.
(2)
Exceptions. The provisions of this subsection shall not apply to
or affect the following persons or sales:
(a)
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
(b)
Persons acting in accordance with their powers and duties as
public officials.
(c)
Any person selling or advertising for sale an item or items
of personal property which are specifically named or described in
the advertisement and which separate items do not exceed five in number.
(d)
Any publisher of a newspaper, magazine or other publication
or other communication media who publishes or broadcasts in good faith
without knowledge of its false, deceptive or misleading character
or without knowledge that the provisions of this subsection have not
been complied with.
(e)
Any sale regulated under any other provisions of this Code.
(f)
Any sale conducted by any merchant or mercantile or other business
establishment from or at a place of business wherein such sale would
be permitted by the zoning regulations of the Borough or under the
protection of the nonconforming use section thereof any other sale
conducted by a manufacturer, dealer or vendor and which sale would
be conducted from properly zoned premises and not otherwise prohibited
in this Code.
(g)
Any bona fide charitable, eleemosynary, educational, cultural
or governmental institution or organization, provided that the burden
of establishing the exemption under this section shall be on the organization
or institution claiming such exemption.
A.
Upon receipt of such application by the Borough Clerk,
the original shall be referred to the Chief of Police, who shall cause
to be made such investigation of the applicant and its agents and
employees as the Chief deems necessary to determine if the requirements
of this chapter have been met and as may be needed for the protection
of the public welfare.
B.
The Chief of Police shall deny the application if he determines that any of the reasons for denial set forth in § 47-4D below have occurred. The Chief shall indicate his denial on the application, setting forth his reasons, and return the application with his decision to the Borough Clerk. The Clerk shall then notify the applicant that the application is denied.
C.
If the Chief of Police determines from his investigation
that no reason or reasons exist for denial, then he shall endorse
his or her approval on the application, returning the application
to the Borough Clerk. The Clerk shall, upon payment of the prescribed
license fee, execute and deliver the license to the applicant. The
Clerk shall keep a record of all licenses issued and of all complaints
received, if any, concerning each license. The license must have a
photo identification for the individual to whom the license was issued.
D.
Grounds for denial of a peddler's, hawker's, vendor's,
solicitor's, canvasser's and seasonal sales vendor's license.
(1)
The applicant has failed to comply with the application procedures and requirements as set forth in § 47-3 of this chapter.
(2)
The applicant has failed to complete the application
in full and to supply all of the information required.
(3)
The applicant has had its peddlers or other similar
license revoked and/or denied for good cause by this or any other
municipality.
(5)
As to seasonal sales, the site plan does not conform with the applicable zoning and development requirements under the Borough of Paulsboro Zoning Ordinance, § 80-1 et seq.; provided, however, that the Borough Council may grant a variance for any deviation using the standards applicable to N.J.S.A. 40:55D-70c.
A.
Application fee. Any applicant for a peddler's, hawker's,
vendor's, solicitor's, canvasser's and/or seasonal sales vendor's
license shall be required to pay a fee of $25 to the Borough Clerk
for each individual to be registered and employed by the organization
and/or business, except that applicants for a one-day peddler, hawker,
vendor, solicitor or canvasser license shall be required to pay an
application fee of $15 to the Borough Clerk for each individual to
be registered and employed by the organization and/or business.
[Amended 11-4-2009 by Ord. No. 04.09]
B.
License fee. If a license is granted, then the applicant
must pay the following license fee before the license is issued:
(1)
Peddler's, hawker's, vendor's, solicitor's and canvasser's
license: $100; peddler's, hawker's, vendor's, solicitor's or canvasser's
one-day license: $20. A separate license fee must be paid for each
person acting as a peddler, hawker, vendor, solicitor or canvasser
for the applicant. The fee for Borough residents shall be reduced
by 50%.
[Amended 11-4-2009 by Ord. No. 04.09]
C.
All nonprofit organizations must demonstrate that
they have been a nonprofit organization for a period of at least two
continuous years as a condition of being exempt from payment of registration
and licensing fees.
A separate license must be obtained by each
person acting as a peddler, hawker, vendor, solicitor or canvasser.
Licenses issued must be worn by each such person in such a manner
as to be readily visible to the public when engaged in the activities
regulated herein.
No peddler, hawker, canvasser, solicitor or
vendor shall sell or offer for sale to the general public any goods
or merchandise, beverages or food products from a fixed location within
50 feet from or on public or quasipublic streets and sidewalks within
the Borough of Paulsboro. In addition, the sale of merchandise by
a peddler, hawker, canvasser, solicitor or vendor from a fixed or
stationary location is prohibited with the exception of seasonal sales
vendors licensed under this chapter.
A.
Duration of license for peddlers, hawkers, vendors, solicitors and canvassers. All peddler's, hawker's, vendor's, solicitor's and canvasser's licenses issued in accordance with this chapter, with the exception of one-day licenses, shall expire at the end of the calendar year in which they are issued. One-day peddler, hawker, vendor, solicitor or canvasser licenses shall expire at the end of the event on the day for which such license is issued. Licenses shall not be transferrable and must be surrendered after expiration before any renewal license can be issued, subject to § 47-9 below.
[Amended 11-4-2009 by Ord. No. 04.09]
B.
Duration of license for seasonal sales vendors. A seasonal sales license issued shall be for the seasonal sales time period set forth in § 47-2, entitled "Definitions," of this chapter. A separate license must be obtained for each seasonal sales activity. Licenses shall not be transferable and must be surrendered after expiration of the applicable time period before a new license and/or registration can be issued for each seasonal sales activity.
A.
Licenses issued under this chapter may be revoked
by the Chief of Police or his designee after reasonable notice and
hearing for any of the following causes, and one-day licenses may
be revoked by the Chief of Police or his designee immediately, on
the day for which the license is issued, without the requirement of
prior notice or a prior hearing, for any of the following causes:
[Amended 11-4-2009 by Ord. No. 04.09]
(1)
A misrepresentation or false statement contained in
the application for the license and registration of individuals engaged
by the organization (profit or nonprofit) and/or business.
(2)
A misrepresentation or false statement made in the
course of carrying on the activities regulated herein.
(3)
A conviction of any crime or disorderly persons offense.
(4)
Conducting the business of soliciting, canvassing,
vending, hawking or seasonal sales activities in an unlawful manner
and in violation of any provision of this chapter or in such a manner
as to constitute a breach of the peace or to constitute a menace to
health, safety or general welfare of the public.
B.
Any violation of the provisions of this chapter shall
be cause for immediate revocation of a license issued by the Borough
of Paulsboro, and the revocation of a license shall be grounds for
nonissuance of a license for a period not to exceed two years.
C.
Notice of hearing for revocation of a license shall be given in writing, setting forth the grounds of complaint and the time and place of hearing. Such notice shall be served personally upon the licensee by means of a summons or by mail, postage prepaid, to the licensee at the address given by the licensee in making the application, with such notice to be given at least five days prior to the date set for the hearing in accordance with the provisions of § 47-9.
Any person aggrieved by the action of the Chief of Police or the Borough Clerk in the denial of an application for a permit or license as provided in this chapter or in the decision with reference to the revocation of a license as provided in § 47-9 of this chapter shall have the right of appeal to the Borough Council of the Borough of Paulsboro. Such appeal shall be taken by filing with the Borough Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement fully setting forth the grounds for the appeal. The Borough Council shall set a time and place for hearing such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 47-9C of this chapter for notice of hearing on revocation. The decision and order of the Borough Council on such appeal shall be final and conclusive.
A.
The equipment used or employed by peddlers, hawkers
and vendors of ice cream, foods, beverages, confections and other
related commodities shall be maintained in a clean and sanitary manner
and be subject to inspection by the Board of Health and shall fully
comply with the laws of the State of New Jersey, the rules and regulations
of the State Department of Health, the ordinances of the Borough of
Paulsboro and the rules and regulations of the Board of Health.
B.
It shall be the duty of any police officer of the
Borough of Paulsboro to enforce the provisions of this chapter and
to require any persons seen peddling, hawking, soliciting, canvassing
or conducting seasonal sales, who are not known by such officer to
be duly licensed, to produce his/her or its license as required by
this chapter.
This chapter shall not be construed to include, regulate, prohibit
or require the licensure of any of the following:
A.
Persons selling requested items:
(1)
The selling of any article at wholesale to retail
dealers of such articles or the delivery of milk, eggs, bread, newspapers
or other such necessary and perishable articles of food or merchandise
of a type commonly delivered on a house-to-house basis at intervals
of less than one week.
(2)
Persons or entities invited or requested by the resident
of a home or agent of a commercial enterprise for purposes relating
to the sale of merchandise or insurance or the provision of services,
it being the intent of this chapter that it apply only to attempted
sales which were originally unsolicited by said resident or agent.
B.
Any veteran who holds a license identifying him or
her as such, issued under the laws of the State of New Jersey, shall
be exempt from securing a license or paying the fee as provided herein
but shall be required to comply with all other applicable sections
of this chapter and shall be required to register with the Borough
Clerk and obtain a permit, which will be issued by the Clerk upon
proper identification and exhibition of such state license.
C.
Certain organizations:
(1)
Any nonprofit organization, including but not limited to a religious, charitable, educational, civic or veterans organization, society, association or service club or volunteer first-aid or fire company, located within the borders of the Borough of Paulsboro, desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization, at any place or places within the Borough of Paulsboro, for a charitable, religious, patriotic or philanthropic purpose. Such nonprofit organization shall be exempt from the provisions of §§ 47-3 and 47-4 of this chapter, provided that there is filed with the Borough Clerk a sworn application in writing, which shall give the following information:
(a)
Name and purpose of the cause for which the
permit is sought.
(b)
Name and address of organization.
(c)
Period during which solicitation is to be performed.
(d)
Name and address of each agent or representative
who will conduct solicitations and the length of time that said agent
or representative has been employed or affiliated with such organization,
society, association or corporation.
(2)
Upon being satisfied that such person, organization,
society, association, etc. is a bona fide nonprofit religious, charitable,
educational, patriotic or philanthropic organization and that the
agents or representatives who shall conduct the solicitations are
of good moral character and reputation, the Borough Clerk shall issue
a permit without charge to such organization, association or corporation
to solicit in the borough. Such organization, association, society,
corporation, etc., shall furnish to all its members, agents or representatives
conducting solicitation credentials in writing, stating the name of
the organization, name of the agent, the duration and purpose of solicitation.
D.
The seasonal sales of agricultural products or dairy products sold on the premises of the grower or cultivator shall be exempted, provided that such agricultural products or dairy products are grown or cultivated on the land from which the sales are made. Any structure or stand used in such on-site sales shall be temporary in nature and shall comply with all applicable construction and sewage requirements as contained in § 47-3B. This exception shall only apply to and shall be restricted to agricultural or dairy products grown or cultivated on site and shall not allow such growers or cultivators to sell products not brought to maturity on site.
E.
On Paulsboro
Day only, peddlers, hawkers, vendors, solicitors, or canvassers who
have entered a written registration agreement with the Paulsboro Day
Committee.
[Added 11-4-2009 by Ord. No. 04.09]
A.
Any person, entity or corporation who or which violates
any provision of this chapter shall, upon conviction thereof, be punishable
by one or more of the following: a fine of up to but not exceeding
$1,000 and/or imprisonment in the county jail or any place provided
by the municipality for the detention of prisoners for a term up to
but not exceeding 90 days or community service up to but no greater
than 90 days, or any combination of the above.
B.
Each day that a violation exists, occurs or continues
shall constitute a separate offense for the purpose of imposing the
penalties referred to above.
