[HISTORY: Adopted by the Township Committee (now Township Council) 3-8-1961; amended in its entirety 7-5-2005 by Ord. No. 17-2005. Amendments noted where applicable.]
Peddling in parks — See Ch. 121.
As used in this chapter, the following terms shall have the meanings indicated:
- MOBILE FOOD VENDOR
- Any movable truck, van, trailer, bicycle or other movable unit, including hand-carried, portable containers in or on which food or beverage is transported, stored or prepared for retail sale or given away at temporary locations.
- NONPROFIT VENDOR
- An organization, person or entity possessing a tax exempt status which shall be evidenced by furnishing to the Township of Logan a tax exempt number provided by the State of New Jersey and/or government of the United States.
- A person, commonly referred to as a "peddler," "hawker," "vendor," "salesman" or "itinerant merchant," who goes from place to place or house to house by traveling on the streets and carries with him goods, wares, merchandise or other things of value for the purpose of selling and delivering them to consumers.
- Includes any partnerships, partner, corporation or corporations, or persons except as defined in § 123-12C.
- SOLICITOR or CANVASSER
- A person who goes from house to house selling or buying goods, wares, merchandise or other things of value by sample or by taking orders for future delivery or selling a service, with or without acceptance of an advance payment for the goods, wares, merchandise, or other things of value or service.
- TRANSIENT MERCHANT
- A person who, whether a resident of the Township or not, engages in a temporary business within the Township of selling and delivering goods, wares, merchandise or services within the Township and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad, boxcar or boat, public rooms in hotels, lodging houses, apartments or shops, parking lot, sidewalk, street, alley or other place within the Township for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction.
The purpose of this chapter is to prevent dishonest business practices, to provide for traffic and pedestrian safety by regulating the use of the streets and property adjacent thereto by itinerant or transient merchants, to prevent extended parking or trespassing on private or public property, to prevent violations of the Township Zoning Ordinance and, in the case of mobile food vendors, to prevent violations of the State Sanitary Code, to protect traffic and pedestrian safety and prevent violations of the Motor Vehicle Code, and to generally provide for the safety of the residents of this community in the best interest of their welfare.
It shall be unlawful for any peddler, hawker, vendor, canvasser, salesman, solicitor or transient merchant defined above to engage in such activity within the Township of Logan without first obtaining a license therefor in accordance with the provisions of this chapter.
Applicants for a license under this chapter shall file with the Township Clerk a sworn application in writing on a form to be furnished by the Township Clerk, which shall provide the following information:
The name or names of the person or persons having the management or supervision of the applicant's business during the time that it is proposed that it will be carried on in the Township.
The local address or addresses of such person or persons while engaged in such business.
The capacity in which the person or persons will act (that is, whether as proprietor, agent or otherwise).
If a firm or corporation, credentials from the applicant authorizing the applicant to act as such representative or agent.
The name and address of the person, firm or corporation for whose account the business will be carried on, if any, and if a corporation, under what laws of what state is it incorporated.
The place or places in the Township where it is proposed to carry on the applicant's business and the length of time during which it is proposed that the business shall be conducted.
The place or places, other than the permanent place of business of the applicant, where the applicant, within the six months preceding the date of the application, conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted.
A brief description of the nature and the character of the business, the quality of the goods, wares or merchandise by the applicant in the Township.
Whether or not the person or persons having the management or supervision of the applicant's business have been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense, and the punishment assessed therefor.
A photograph of the applicant taken within 60 days immediately prior to the date of the filing of the application.
Whether or not orders are to be solicited or taken for future delivery of goods or performance of service.
Such other reasonable information as to the identity or character of the person or persons having the management or supervision of the applicant's business or the method or plan of doing such business as the Chief of Police may deem proper to fulfill the purpose of this chapter in the protection of the public good.
Any license issued herein for door-to-door solicitation shall prohibit such activity before the hour of 9:00 a.m. and after 6:00 p.m.
All such applications shall be filed at least 30 days from the scheduled date of the activity for which an application is sought.
Upon receipt of such application, the Township Clerk shall forward the application to the following: Chief of Police.
The Chief of Police shall cause to be made such investigation of the applicant's business responsibility and moral character as he or she deems necessary for the protection of the public welfare. This investigation shall include the photographing and fingerprinting of the applicant.
If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall so certify in writing, within five to seven days, his disapproval and his or her reasons for same to the Township Clerk, who shall so notify the applicant that his/her application has been denied.
If as a result of such investigation the character and business responsibility of the applicant is found to be satisfactory, the Chief of Police shall so certify in writing, within five to seven days, to the Township Clerk.
The Township Clerk, upon receipt of all such written certifications, shall then issue a license. The Township Clerk shall keep a full record in his/her office of all licenses issued. Such records shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee, the expiration date of such license, the place where said business may be carried on under said license and the name or names of the person or persons authorized to carry same.
The license badge will be issued by the Logan Township Police Department.
A fee of $55 shall be paid by each applicant upon the issuance of each license, except as otherwise provided by law.
If a firm or corporation, an additional fee of $15 will he charged for each representative and/or agent carrying on the business of peddling and/or soliciting in the Township of Logan, for investigation and issuance of additional license badges.
Licenses may be renewed for a fee of $30 per year.
All licenses issued must be worn in such a manner as to be readily visible when engaged in activities regulated herein.
All licenses issued under this chapter shall carry a duration of one year and will expire one year from the date of issuance. Licenses shall not be transferable and must be surrendered after expiration before a renewal license can be issued.
A license issued under this chapter may be revoked by the Chief of Police or his or her designee for any of the following causes:
Misrepresentation or false statement contained in the application for the license.
Misrepresentation or false statement made in the course of carrying on activities regulated herein.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting business of soliciting and canvassing in an unlawful manner, in violation of this chapter or in such manner to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Any person aggrieved by the action of the Chief of Police or the Township Clerk in the denial of an application for a permit provided in § 123-5, or in the decision with reference to the revocation of a license as provided in § 123-9, shall have the right of appeal to the Township Council of the Township of Logan. Such appeal shall be taken by filing with the Township Council, within 14 days after the action complained of, a written statement setting forth fully the grounds for the appeal. The Township Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in writing. Such notice shall be served personally upon the licensee or mailed postage prepaid to the licensee at the addresses given by the licensee in making application under § 123-4 herein, at least five days prior to the date set for hearing. The decision and order of the Township Council on such appeal shall be final and conclusive.
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 fully comply with the laws of the State of New Jersey, the rules and regulations of the State Department of Health, the ordinances of Logan Township and the rules and regulations of the Board of Health.
It shall be unlawful for any transient merchant, itinerant merchant, peddler, hawker, canvasser, vendor or solicitor to sell, buy, dispose of or offer to sell or dispose of any goods, wares, merchandise, or other things of value or services in or on any portion of the public right-of-way.
This chapter shall not apply to:
Any person conducting a sale pursuant to statute or court order.
Any person soliciting a vote or support for any political candidate or program.
Any person engaged in delivering goods, wares, merchandise or other articles or things in the regular course of business to the premises of a person ordering or entitled to receive same.
Any person delivering or soliciting newspapers.
Any person conducting a sale within a multiple transient merchant facility, defined as a facility in which groups of transient merchants as defined above band together to conduct functions commonly known as trade shows, craft shows and similar functions within the facility for the same dates and times.
Any veteran who holds a special license 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 Township Clerk and obtain a permit which will be issued by the Clerk upon proper identification and exhibition of such state license.
Any nonprofit religious, charitable, educational, civic or veterans organization, society, association, service club, volunteer first aid or fire company, etc., 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 Township of Logan for a charitable, religious, patriotic or philanthropic purpose, shall be exempt from the provisions of §§ 123-4, 123-5 and 123-6, provided that there is filed a sworn application in writing with the Township Clerk or Chief of Police, which shall provide the following information:
Name and purpose of the cause for which relief is sought.
Name and address of organization.
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.
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 Township Clerk or Chief of Police shall issue a permit without charge to such organization, association or corporation to solicit in the Township. Such organization, association, society, corporation, etc., shall furnish all its members, agents or representatives conducting solicitation with credentials in writing stating the name of the organization, name of the agent and the duration and purpose of the solicitation.
Any nonprofit religious, charitable, educational, civic or veterans organization, society, association, service club, volunteer first aid or fire company, etc., which is located in Logan Township is hereby exempt from the provisions of this chapter.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not more than $1,000 or imprisonment in the county jail for a period not exceeding 90 days, or both.