[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Art. III, Hawking,
Peddling, Vending and Canvassing, adopted 11-27-1973 by Ord. No. 1378
as Ch. 93 of the 1973 Code, as amended.
As used in this article, the following terms shall have the
meanings indicated:
Includes "owners," as defined herein, as well as those actually
involved in and/or engaging in the activity of going door to door
for the purpose of sales enterprising.
The practice of going from house to house for the purpose
of obtaining the views of any person upon any economic or social question
or project or for the purpose of distributing literature, pamphlets,
circulars, samples and the like, for the purpose of information, advertising
or for commercial purpose or other purposes.
The Chief of Police/Director of Law Enforcement of the Township
of Toms River, or a representative authorized by the Chief of Police/Director
of Law Enforcement to perform the acts of the Chief of Police in accordance
with this article.
A determination of whether a person has a criminal record
by cross-referencing that person's name and fingerprints with those
on file with the State Bureau of Identification in the Division of
State Police.
Any public or private business, corporation or partnership that produces earnings primarily through door-to-door sales. Door-to-door sales enterprise shall include businesses, corporations or partnerships that participate in canvassing, itinerant vending and/or peddling, as defined herein. Door-to-door sales enterprise shall not include an organization that participates solely in nonprofit solicitation, as defined in § 391-16 of the Code of the Township of Toms River.
Any person who goes from place to place by traveling on the
streets and roads or from house to house taking or attempting to take
orders for the sale of goods, wares and merchandise or personal property
of any nature whatsoever for future delivery or for services to be
furnished or performed in the future, whether or not such person has,
carries or exposes for sale a sample of the object to be sold and
whether or not he or she is collecting advance payments on such sales;
shall not include wholesalers calling on retail merchants.
All goods, wares, food, fruit, refreshments, ice cream, vegetables,
farm products, magazines, periodicals and all kinds of articles of
personal property for domestic use; and orders or contracts for a
service home improvement or alterations shall be considered merchandise
within the terms of this article.
Includes all principals who own 10% or more of the equity
in the corporation or business trust, partners and officers in the
aggregate employed by the entity as well as any subsidiaries directly
controlled by the business entity.
Any person who goes from place to place by traveling on the
streets and roads or from house to house carrying, conveying or transporting
goods, wares, or merchandise for the purpose of selling and delivering
them to customers. The word "peddler" shall include the words "hawker"
and "huckster."
Includes the masculine and feminine gender and the singular
and the plural, and shall be construed to mean and include any individual,
firm, partnership, corporation, association, club or any other organization
or any principal or agent thereof.
The purpose of this article is as follows: to prevent unfair
competition and dishonest business practices by requiring persons
intending to engage in any of the occupations to be licensed by this
article to furnish certain preliminary information, to conform to
the requirements of this article and, to the extent set forth in this
article, to regulate the conduct of persons engaged in any of such
occupations.
[Amended 11-13-2012 by Ord. No. 4384-12]
Except as otherwise provided in § 391-30, it shall be unlawful for any itinerant vendor, hawker, peddler, or canvasser to sell or dispose of or to offer to sell or dispose of any goods, wares, or merchandise, or to solicit orders for the performance of any service, or to engage in canvassing, within the corporate limits of the Township of Toms River, without first obtaining a license therefor in compliance with the provisions of this article. Licenses shall not be transferable from the person to whom issued to any other person. A separate license shall be obtained by a licensed itinerant vendor, hawker, peddler, or canvasser for every agent or employee working for him.
The requirements of this article shall not apply to the following:
A.
Any charitable, educational, nonprofit or religious body that shall
conduct sales of personal property when the proceeds thereof shall
be applied to the payments of the expenses thereof and to the charitable,
educational, nonprofit or religious body for which the body exists.
B.
Any public utility or its employees, which said utility is subject
to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employees shall wear a plainly visible
identification badge on the upper left corner of their torso, pursuant
to the requirements of N.J.S.A. 48:3-42 et seq.
C.
Any person not otherwise subject hereto, 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.
D.
Any person canvassing for a governmental agency.
An application for a license as provided by § 391-29 shall be made to the Clerk's office upon forms provided by the Township of Toms River. Such application shall be sworn to and filed with the Clerk at least 30 days prior to the time at which the license applied for shall become effective. The application herein required shall contain the following information and shall be updated by the applicants as shall become necessary:
A.
The name, description, address or headquarters of the person applying
for the license.
B.
If the applicant is not an individual, the names and addresses of
the applicant's principal officers, operating managers and all members
of the applicant's Board of Directors.
C.
If the applicant is a corporation of the State of New Jersey, a certified
copy of its certificate of incorporation, together with any amendments
or supplements thereto.
D.
If the application is a corporation, an in-state registered agent
must be identified by name and street address.
E.
If the applicant is an individual, the permanent home address and
full local address of the applicant.
F.
If the applicant is employed, the name and address of the employer,
together with credentials establishing the exact relationship.
G.
A brief statement of the nature of the business and description of
the merchandise or service to be sold.
H.
The name and address of the person or persons who will be in direct
charge of conducting the sale or offer of merchandise or service(s)
and the names of all promoters connected or to be connected with the
proposed sale or offer.
I.
An outline of the method or methods to be used in conducting the
sale or offer of merchandise or service(s).
J.
The length of time for which the license is desired, giving the preferred
dates for the beginning and ending of said license.
K.
If a vehicle or vehicles are to be used, a description of such vehicles
and license numbers.
L.
The place where the goods or property 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.
M.
If the applicant is an individual, two photographs 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, and a set of
fingerprints to be taken by the Township Police Department.
N.
Two business or banking references located in the County of Ocean,
State of New Jersey.
O.
A statement to the effect that if a license is granted, it will not
be used or represented in any way as an endorsement by the Township
of Toms River or by any department or officer thereof.
P.
A signed 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.
Q.
Such other information as may be reasonably required by said Chief
of Police in order for him to determine the kind and character of
the proposed solicitation and whether such solicitation is in the
interest of and not inimical to the public welfare.
R.
Applicants shall maintain and produce proof of insurance coverage
in the minimum amounts of $100,000 per person for personal injuries,
$300,000 per occurrence for personal injuries and $50,000 for property
damage. The Township of Toms River shall be named as an additional
insured on all such insurance policies. The insurance coverages shall
not be terminated or canceled prior to the expiration date thereon
unless 30 days' advance written notice is provided to the Township
of Toms River.
S.
A temporary license may be issued for a period not to exceed 60 days
upon the written recommendation of the Chief of Police.
A.
The Chief of Police shall initiate criminal history record background
checks of present and prospective canvassers, peddlers, itinerant
venders or owners and employees of a door-to-door sales enterprise
as set forth in this article.
B.
No person shall be licensed as a canvasser, peddler, itinerant vender or owner or employee of a door-to-door sales enterprise unless the Chief of Police certifies that the person has no New Jersey criminal history record of a conviction for an offense enumerated in Subsection C(1) of this section.
C.
A person subject to Subsection B of this section whose criminal history record background check reveals a conviction for any of the following crimes and offenses shall be disqualified from receiving a license to conduct, canvass, peddle, itinerant vend or perform door-to-door sales:
(1)
If the conviction was in New Jersey, for a crime:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1
et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq. or N.J.S.A.
2C:15-1 et seq.; or
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1
et seq. or N.J.S.A. 2C:25-17 et seq.; or
(c)
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes; or
(d)
Involving any controlled dangerous substance or analog as set
forth in Chapter 35 of Title 2C of the New Jersey statutes except
Paragraph (4) of Subsection a of N.J.S.A. 2C:35-10.
(2)
If the conviction was in any other state or jurisdiction, for conduct constituting any of the crimes described in Subsection C(1) of this subsection.
(3)
The Chief of Police is authorized to receive criminal history
record information from the State Bureau of Identification in the
Division of State Police and the Federal Bureau of Investigation consistent
with applicable state and federal laws, rules and regulations. The
applicant shall bear the cost, if any, for the criminal history record
background check, including all costs of administering and processing
the check.
(4)
Consent required; notification of results.
(a)
A criminal history record background check shall not be initiated
pursuant to this article without the written consent of the person.
The consent required under this section shall be in the manner and
form prescribed by the Chief of Police and shall include, but not
be limited to, the signature, name, address and fingerprints of the
person.
(b)
The Township Law Department shall promptly notify a person whose
criminal history record background check reveals a disqualifying criminal
conviction of the results of the background check. The person shall
have 30 days from the receipt of that notice to petition the Township
Law Department for a review and cite reasons substantiating the review.
If the person successfully challenges the accuracy of the criminal
history record information indicating a criminal conviction or the
person demonstrates affirmatively to the governing body clear and
convincing evidence of rehabilitation, the Clerk may issue a certificate
indicating that the person has successfully cleared a background check.
In determining whether the rehabilitation of a person has been affirmatively
demonstrated, the governing body shall consider:
[1]
The nature and seriousness of the offense;
[2]
The circumstances under which the offense occurred;
[3]
The date of the offense;
[4]
The age of the person when the offense was committed;
[5]
Whether the offense was repeated;
[6]
Social conditions which may have contributed to
the offense; and
[7]
Any evidence of rehabilitation, including good
conduct in the community, counseling, psychological or psychiatric
treatment, additional academic or vocational training or personal
recommendations.
(c)
In the case of a door-to-door sales enterprise, a copy of the notification required under Subsection C(4)(b) of this section also shall be forwarded to the owner of the enterprise.
(d)
The Clerk shall not certify a person subject to the provisions
of this article who refuses to consent to, or cooperate in, the securing
of a criminal history record background check.
The license fee payable under this article shall be $800 for
each license. Licensees utilizing mobile units shall pay a license
fee of $800 for the first mobile unit and shall pay an additional
fee of $100 for each additional mobile unit owned and operated by
said licensee. Payment of the aforesaid fees by a licensee utilizing
mobile units shall also entitle said licensee to one salesman license
for each mobile unit so utilized. In the event that more than one
salesman shall operate a mobile unit, then a fee of $100 shall be
payable for each such additional salesman. The fees payable hereunder
shall not apply to applicants possessing licenses issued pursuant
to N.J.S.A. 45:24-9 and 45:24-10.[1]
When the aforesaid application is properly filled out and signed
by the applicant, and the license fee is paid, the Township Clerk
shall issue the license to the applicant, provided that the Board
of Health shall have theretofore issued a food handler's license,
if required. Such license shall contain the signature of the issuing
officer and shall show the name, address and photograph of the licensee,
the class of license issued, the kind of goods or services to be sold
thereunder, the date of issue, the length of time the license shall
be operative and the license number and other identifying description
of any vehicle used in the peddling, soliciting or canvassing activity
licensed.
Before a license shall issue hereunder, the applicant shall
file with the Clerk an instrument in writing nominating and appointing
the Township Clerk his true and lawful agent with full power and authority
to acknowledge service or notice of process for and on behalf of the
applicant in respect to any civil matters connected with or arising
out of actions of the licensee in the municipality. Such instrument
shall also contain recitals to the effect that the applicant consents
and agrees that service of any notice or process may be made upon
such agent, and when so made shall be as valid as if personally served
upon the applicant according to the laws of this or any other state,
and waiving all claim or right of error by reason of such acknowledgment
of service or manner of service. The Township Clerk shall by certified
mail forward such notice of process to the address shown on said application.
[Amended 11-10-2015 by Ord. No. 4496-15]
Every holder of a license issued by the Township Clerk under
the authority of this article or by the Clerk of the County of Ocean
under the authority of N.J.S.A. 45:24-9 shall be required to carry
such license with him or her while engaged in the business or activity
licensed within the corporate limits of the Township of Toms River.
He or she shall produce such license at the request of any official
of said Township or of any resident of said Township with whom he
or she wishes to conduct his or her said business or activity. Every
such licensee shall restrict his or her activity within the Township
of Toms River to the hours between 9:00 a.m. and 7:00 p.m. prevailing
time on Mondays through Saturdays. The licensee shall not engage in
any door-to-door business or activity on the following family-oriented
holidays: New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas Day.
A.
No peddler, canvasser or itinerant vendor shall conduct or attempt
to conduct his or her business at any residence or on any property
on which is posted a sign expressly prohibiting such activity.
B.
No person regulated hereunder shall hawk, peddle, or vend any goods,
wares, or merchandise, including but not limited to food, ice cream,
and soft drinks, within 1,000 feet of any store establishment or machine
selling, vending or dispensing the same or substantially similar goods,
wares, or merchandise, nor upon any of the following streets or rights-of-way
thereof: Highway 37 (east and west); Washington Street; Highway 35
(north and south); Main Street (Route 166); Lakewood Road (Route 9);
Fischer Boulevard; and Hooper Avenue.
[Amended 5-27-2022 by Ord. No. 4747-22]
(1)
Notwithstanding any other prohibition to the contrary, duly licensed and inspected food trucks are permitted to operate on Washington Street in between the intersections with Route 166 and Hooper Avenue on Sundays between the hours of 9:00 a.m. and 9:00 p.m., provided the operators thereof obtain a special events permit pursuant to § 348-5.20E of the Township Code. The exception does not apply on Sundays when Washington Street is closed or access thereto is restricted for an event, parade, roadwork, emergency, or for public safety reasons.
(2)
Food trucks permitted pursuant to Subsection B(1) must be parked within striped parking spaces facing the sidewalk. They are prohibited from parking in front of an open or operating establishment serving or selling food and from obstructing vehicular or pedestrian traffic. They must also observe other public safety regulations. Food trucks so operating do not constitute an encroachment under Article VIII of Chapter 450.
C.
No person regulated hereunder nor a holder of a license under statutory authority (see § 391-30B and C) shall hawk, peddle or vend any goods, wares or merchandise, including but not limited to food, ice cream and soft drinks, upon any municipal beach, park, golf course or other place of recreational or cultural activity or upon any public street or right-of-way thereof adjacent to such municipal beach, park, golf course or place of recreational or cultural activity.
D.
No person shall shout, make any outcry, blow a horn, ring a bell
or use any sound device, including any loud-speaking radio or sound-amplifying
system, upon any of the streets, alleys, parks or other public places
of this municipality or upon any private premises, where sound of
sufficient volume is emitted or produced therefrom to be capable of
being plainly heard upon the streets, avenues, alleys, parks or other
public places for the purpose of attracting attention to any goods,
wares or merchandise which such licensee proposes to sell.
E.
No person shall have any exclusive right to any location in or upon
the public streets or rights-of-way thereof, nor shall any vested
or proscriptive rights arise from the continuous or other use of any
location, and no person shall be permitted to operate in any location
or area where his or her presence presents a public hazard, danger
or inconvenience, contributes to vehicular or pedestrian congestion
or constitutes a public nuisance.
F.
No person regulated hereunder shall set up, maintain or permit the
use of any table, crate, sign, carton, rack or other device to increase
the selling or display capacity of the vending unit. No person regulated
hereunder shall stack or place the items offered for sale upon any
sidewalk, street or upon the ground. All materials, signs and/or items
offered for sale shall be located solely on the vending unit.
G.
No person or persons shall hawk, peddle or vend any goods, wares
or merchandise, including but not limited to food, ice cream and soft
drinks, at or during or within 1,000 feet of any parade or parade
route within the Township of Toms River, except for the Annual Halloween
Parade, as indicated below.[1] Any person violating this provision shall, upon conviction
thereof, be subject to a fine of not less than $300 nor more than
$500 or shall be imprisoned for not less than 10 days, or both.
H.
No person regulated hereunder nor a holder of a license under statutory
authority shall remain in one location in excess of 1/2 hour.
I.
No person or persons shall hawk, peddle or vend any goods, wares
or merchandise, including but not limited to food, ice cream and soft
drinks, at or during or within 12 feet of the street curbline of the
Annual Halloween Parade. Hawkers, peddlers or vendors must have the
written permission of the property owner to vend on private property.
No vending shall be permitted in the right-of-way of any of the adjacent
streets along the parade route. Any person violating this provision
shall, upon conviction thereof, be subject to a fine of not less than
$300 nor more than $500 or shall be imprisoned for not less than 10
days, or both.
A.
The Township Clerk shall prepare a list of addresses of those premises
where the owner and/or occupant has notified the Clerk that canvassing,
peddling, itinerant vending and door-to-door sales enterprising are
not permitted on the premises (hereinafter referred to as the "Do
Not Knock" Registry). Notification shall be by completion of a form
available at the Township Clerk's office during normal business hours.
The list shall be updated on January 15 and July 15 of each year.
B.
Any owner and/or occupant who has requested enlistment on the Do Not Knock Registry, pursuant to Subsection A herein, shall be able to purchase from the Clerk's office, for a nominal fee, a sticker for display at his/her/its premises indicating enlistment on the Do Not Knock Registry.
C.
The Township Clerk shall distribute the current Do Not Knock Registry
to a licensee at the time of issuance of a license to peddle, canvass,
itinerant vend or otherwise door-to-door sell pursuant to the provisions
of this article. The licensee shall not peddle, canvass, itinerant
vend or conduct door-to-door sales at any premises identified on the
then current Do Not Knock Registry.
D.
Any canvasser, peddler, itinerant vender or owner or employee of
a door-to-door sales enterprise who violates any provision of this
section shall be:
It shall be the duty of any police officer of the Township of
Toms River or the Code Enforcement Officer or person holding a substantially
similar position, if any, to enforce the provisions of this article.
The Township Clerk shall maintain a record of all licenses issued
under the provisions of this article and shall record therein all
convictions for violations of this article and other pertinent circumstances
and incidents reported by the Chief of Police.
A.
Licenses issued under the provisions of this article may be revoked
by the Chief of Police, in writing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Fraud, misrepresentation or false statement by the licensee in the
course of conducting the business licensed.
(3)
Any violation of this article.
(4)
Conviction of any crime involving moral turpitude.
(5)
Conducting the business licensed in an unlawful manner or in such
a manner as to constitute a breach of the peace or a menace to the
health, safety or general welfare of the public.
Any person aggrieved by the action of the Township Clerk in the denial of a license as provided in § 391-33 of this article shall have the right of appeal to the Township Council. Such appeal shall be taken by filing with the Township Council, within 10 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 Township Council 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 § 391-38 of this article for notice of hearing on revocation. The decision of the Township Council on such appeal shall be final and conclusive.
All licenses issued under the provisions of this article shall expire December 31 of the calendar year in which they are issued. Any such license may be renewed upon payment of the license fee as stated in § 391-32 and upon submission by the licensee of a new application in conformity with the requirements of § 391-31 of this article or, in lieu thereof, a sworn statement in writing setting forth all changes in the information contained in the application for the expired license which are necessary to bring said application completely up to date.
Any person violating any of the provisions of this article shall,
upon conviction thereof, be subject to a fine not to exceed $500 or
to imprisonment not to exceed 90 days, or both. Each and every day
that a violation of the provisions of this article shall continue
after issuance of the initial summons or complaint shall be deemed
and considered a separate and specific violation of this article.
The restrictions imposed by § 391-36B and C of this article shall not apply to any person who was operating in nonconformity with those restrictions at the time of their adoption, or who had purchased equipment to so operate prior to February 27, 1968, and has consistently operated in such nonconformity thereafter on at least a seasonal basis.
