Borough of Newfield, NJ Peddling and Soliciting

A selling or display unit, with or without wheels, intended to serve as a transportable structure for facilitating the display, sale and transportation of merchandise.

VENDOR

Any person peddling or selling wares, collecting or soliciting information, seeking financial contributions or distributing literature on streets, in public places, by residence to residence or place to place.

WARES

Any goods or services offered for present or future sale by a vendor, including but not limited to merchandise, food, seasonal items, home repair services and vegetation.

§ 192-2 License required.

No vendor shall peddle or sell wares, collect or solicit information, or distribute literature within the Borough of Newfield without first obtaining a license from the Borough.

Written application for licensure shall be filed in triplicate with the Borough Clerk no less than 14 calendar days' prior to commencing the activities specified § 192-2A.

Each application shall provide the following information concerning each vendor:

(1)

Whether the vendor has ever been charged with any crime, disorderly persons offense or municipal ordinance (not including Title 39 motor vehicle violations), and for each such arrest:

(a)

The complaint/summons/indictment number or other identifying docket number;

(b)

Citation to the statute or ordinance charged;

(c)

Arrest date; and

(d)

The disposition of each charge.

(2)

Whether the vendor has ever been convicted of any crime, disorderly persons offense or municipal ordinance (not including Title 39 motor vehicle violations), and for each such conviction:

(a)

The complaint/summons/indictment number or identifying docket number;

(b)

Citation to the statute or ordinance convicted;

Date of arrest;

Date of conviction;

Sentence imposed;

A judgment of conviction or other comparable document prepared by the issuing court.

(3)

A notarized letter from the vendor's employer verifying that the vendor is an agent of the employer and authorized to engage in the activities specified in § 192-2A.

(4)

Each municipality within New Jersey which the vendor has conducted business within the past year.

(5)

Each municipality for which the vendor has applied for a similar license and whether any such application was denied, and whether the license subsequently revoked.

(6)

A copy of the vendor's social security card.

(7)

Current driver's license.

(8)

New Jersey sales tax certificate for the vendor's employer.

(9)

Federal taxpayer identification number of the vendor's employer.

(10)

A recent photograph of the vendor.

(11)

Proof of insurance as required by this chapter.

(12)

Written consent for the Borough to perform a criminal background history check on the vendor.

§ 192-3 Exemptions.

This licensure requirement of this chapter shall not apply to nonprofit charitable, religious, educational, civic, or veterans' organization, volunteer first-aid, fire or environmental organization, volunteer community improvement group, or political organization operating within the Borough soliciting in its name money, donations or any other financial assistance, or sell or distribute literature or merchandise for charitable, religious, patriotic or philanthropic purposes.

Exemption from licensure may only be obtained by filing a sworn written application to the Borough Clerk/Administrator no less than 14 calendar days' prior to the activity specifying:

(1)

The applicant's name and address;

(2)

The nature and location of the planned activity;

(3)

The duration of the intended solicitation;

(4)

The name, address, and telephone number of designated contact person(s) for the organization;

(5)

The name of each vendor and the home address, date of birth, and social security number for each non-Borough-resident vendor;

(6)

A copy of a criminal background history for each vendor identified in § 40-2B(5), dated within 30 days of the filing of the exemption application. The Borough of Newfield does not perform or obtain criminal background history checks for exemption applications. This subsection may be satisfied by submission of a criminal history background check sanctioned by the New Jersey State Police or any other form the Borough Clerk accepts in his or her sole discretion.

Organizations listed on the Borough of Newfield exempt registry may file a single exemption application for all of its vendors annually.

Seasonal ice cream trucks delivering ice cream products to developments and mobile lunch trucks delivering food products to construction sites within the Borough may be provided extended licensure periods in the discretion of the Borough Clerk and shall pay a reduced $100 monthly licensure fee.

(1)

Seasonal ice cream trucks and mobile lunch trucks shall solicit and conduct their business no more than five feet from the grass or curbline of any public street and shall not obstruct the clear passageway for vehicles or pedestrians.

(2)

Seasonal ice cream trucks and mobile lunch trucks are subject to all other provisions of this chapter unless specifically exempted.

§ 192-4 Licensure fee.

Payment of $140 shall be submitted with each application to cover the cost for the criminal background check for nonexemption licenses.

The following shall be paid be each applicant upon the issuance of each license:

(1)

$20 per day for daily licenses.

(2)

$100 per week for weekly licenses. A week shall constitute six consecutive days, excluding Sundays.

(3)

$750 annually for yearly licenses. Yearly licenses shall expire at the end of the calendar year which the license was issued.

(4)

$250 per seasonal activity for seasonal licenses.

§ 192-5 Form of license.

Each license issued shall only authorize the vendor named in such license to engage in the business authorized.

No license shall be transferable to another vendor.

Any person or organization subject to this chapter shall file a renewal application for licensure after the expiration of 12 months from the date the last application was approved or as otherwise provided in this chapter.

Licenses shall issue in the form determined in the discretion of the Borough Clerk or otherwise provided in this chapter.

(1)

A copy of each license shall be maintained in the office of the Borough Clerk.

(2)

Licenses shall be consecutively numbered.

Each vendor shall continuously and conspicuously display their license while conducting licensed business within the Borough.

§ 192-6 Hours of operation.

Licensed vendors are permitted to conduct licensed activities between 9:00 a.m. and 9:00 p.m. on the days authorized. No vendor shall conduct licensed activities between 9:00 p.m. and 9:00 a.m., unless specifically permitted otherwise in this chapter.

§ 192-7 Revocation or suspension of license.

Licenses issued pursuant to his chapter may be permanently revoked by order of an authorized Municipal Court Judge upon judicial determination of:

(1)

Misrepresentation or false statement contained in the application for the license.

(2)

Misrepresentation or false statement made in the course of carrying on activities regulated herein.

(3)

Conviction of any crime involving moral turpitude.

(4)

Conducting business in violation of any provision of this chapter.

(5)

Violation of any state statute or Borough ordinance while soliciting within the Borough.

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 upon the licensee or mailed, postage prepaid, to the licensee at the addresses given by the licensee.

Any person aggrieved by the action of the Chief of Police or the Borough Clerk or Administrator in the denial of an application for a license shall have the right of appeal to the Borough Council.

(1)

Such appeal shall be taken by filing with the Borough Clerk or Administrator, within 14 calendar days after notice of the action complained about, a written statement setting forth fully the grounds for the appeal.

(2)

Notice of such hearing shall be given to the appellant in the same manner as provided herein for notice of hearing on revocation.

(3)

The decision and order of the Borough Council on such appeal shall be final and conclusive.

§ 192-8 Safety, business practices and quiet enjoyment.

Except as otherwise provided by specific exception in this chapter, persons subject to this chapter, including persons claiming an exemption from the requirements of municipal licensing, shall not:

Solicit, conduct business with or sell to persons in motor vehicles.

Station, place, set up or maintain wares or equipment in such a way as would:

(1)

Restrict, obstruct, interfere with or impede the pedestrian's right-of-way;

(2)

Restrict, obstruct, or interfere with the use or enjoyment of the abutting property;

(3)

Create or become a nuisance;

(4)

Increase traffic congestion or cause or increase traffic delay or hazards;

(5)

Cause or create or constitute a danger to life, health, or property; or

(6)

Sell food, drinks, ice cream or confections of any kind for immediate consumption unless such person has available for public use a litter receptacle, which must be attached to the person's cart or vehicle, which shall be clearly marked and maintained for patron use, nor shall any person leave any location without first picking up, removing and disposing of any trash or refuse remaining from their product or service.

Leave wares unattended at any time or store, place or leave the same overnight on any sidewalk or public way of the Borough; station, place, set up or maintain wares closer than 20 feet from the curbline or end of pavement of intersecting streets.

Place wares in such a way as would reduce the unobstructed pedestrian right-of-way on a sidewalk.

Engage in business within 20 feet of any location where the curb has been depressed to facilitate pedestrian or vehicle movement.

Engage in business on any sidewalk or along any street within 100 feet of any fire hydrant, crosswalk or bus stop, or within 25 feet of any driveway.

Place wares in front of the display windows or signs of fixed-location businesses, nor shall they be within 20 feet from the entrance door to a fixed-location business.

Operate in such a manner as to restrict the continued maintenance of a clear passageway for vehicles or pedestrians.

Engage in business within 200 feet of the grounds of any school between 1/2 hour prior to the start of the school day and 1/2 hour after dismissal at the end of the school day.

Engage in business within 200 feet of the grounds of any church, synagogue or other house of worship between 1/2 hour prior to the start of the service and 1/2 hour after dismissal at the end of the service.

Use or operate any audio or visual device for the purpose of attracting attention, entertaining the public, or self-entertainment.

Sell from any one site or area for a period of more than four hours, including time for setup and breakdown of a vending unit. After four hours, the vending unit or vendor must move to a new location at least 300 feet away from where he was doing business or cease doing business.

(1)

No vendor may return to the same location in any calendar day.

(2)

No vendor shall place any object, sign, or person nor take any action designed to reserve a location for their use. Any such object may be removed and kept as evidence of a violation by any person, who shall promptly surrender it to the police.

Place wares other than one vending unit, whether it be a cart, single table no larger than 96 inches long by 48 inches wide by 72 inches high, or display unit similar to a table which shall occupy a space no larger than 32 square feet. The Borough Clerk or Administrator may grant an exception to size limits with the advice and consent of the Chief of Police in the case of the sale of certain holiday items sold for limited times during the year.

Engage in business within 300 feet of any fixed place of business selling substantially similar merchandise. A food vendor shall not operate within 300 feet of a restaurant.

§ 192-9 Conduct of licensees.

All circulars, samples, or other advertisements shall be delivered in person to the recipient or left in a secure place located on the recipient's dwelling premises.

No person shall enter or attempt to enter the dwelling of any resident without an express invitation from an occupant of the dwelling.

No person shall conduct themself in such a manner as to become objectionable to or annoy any occupant of any dwelling. Signs posted by property owners stating "no soliciting" or similar thereto shall be obeyed.

§ 192-10 Vending units.

All equipment installed in any part of the vending unit or articles carried by the unit shall be secured in order to prevent movement during transit and prevent detachment in the event of a collision or overturn.

§ 192-11 Food and beverage.

Licensees selling food and/or beverages shall obtain a certificate of health compliance issued by the Gloucester County Department of Health to the licensee prior to the licensee commencing the sale of any food and/or beverages. Such certificate shall be conspicuously displayed on the vending unit.

Any vendor selling food shall provide proof of an insurance policy issued by an insurance company licensed to do business in the State of New Jersey protecting the vendor and the Borough from all claims or damages to property and bodily injury, including death, which may arise from operations under or in connection with the vending. Such insurance shall name as an additional insured the Borough of Newfield and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' written notice to the Borough. The minimum amount of the insurance to be maintained is $500,000.

§ 192-12 Violations and penalties.

Any person convicted of violating or failing to comply with any of the provisions of this chapter shall be subject to a fine not less than $300 nor more than $500; upon a second violation, a fine not less than $500 nor more than $800; and upon a third or subsequent violation, a fine not less than $800 nor more than $1,000; and/or a period of community service not to exceed 14 calendar days.

Whenever such person shall have been notified by service of a summons in a prosecution, or any other official manner, that he or she is committing a violation, each day's continuance of such violation thereafter shall constitute a separate offense, punishable in accordance with this section.