[Adopted 5-1-1962 by Ord. No. 1962-8 (Sec.
2.96 of the 1995 Code)]
As used in this article, the following terms
shall have the meanings indicated:
A person who goes from place to place or from house to house
by traveling on the public streets by vehicle and carries with him
goods, wares and merchandise for the purpose of selling, offering
to sell or delivering them to consumers from such vehicle.
An individual, firm, partnership, corporation, voluntary
association, incorporated association and principal and agent thereof.
Includes, but is not limited to, ice cream, ice cream products,
water ices, frozen confectionery products, pizza pies, sandwiches
or other similar food items.
A.
It shall be unlawful to engage in the business of
peddling refreshments of any kind or nature from vehicles in the Township
of Cinnaminson without first obtaining a license therefor pursuant
to the provisions of this article.
B.
It shall be unlawful for anyone engaged in the business
of peddling or vending refreshments of any kind or nature, to misrepresent
the character of the quality of the merchandise offered for sale,
or to importune or otherwise annoy any person or persons for the purpose
of effecting a sale.
C.
All refreshments which will be sold or offered for
sale from such vehicle shall comply with all laws and local ordinances
relating to food and food products.
D.
It shall be unlawful for any person engaged in the
business of selling, offering to sell or delivering such refreshments
from said vehicle to park said vehicle within the lines of any public
street, road or other public place for the purpose of engaging in
such business for a period of more than 15 minutes, except by written
permission of the Chief of Police of the Township of Cinnaminson.
It shall be unlawful for such vehicle to park within 300 feet of any
public or private school during school hours or 30 minutes before
or after said school hours, or within 300 feet of a retail store selling
similar products. Vehicles shall be parked adjacent to the right-hand
curbline and dispense said products only from the curb side or rear
of the vehicle.
E.
It shall be unlawful for any person engaged in the
business of selling or offering to sell refreshments, as defined herein,
to deposit or leave, or permit to be deposited or left, any paper
wrappings, refuse or other materials upon any street, sidewalk or
public place. Each such vehicle used for conducting the business aforesaid
shall be equipped with a metal waste container having a self-closing
lid into which such paper wrappings, refuse or other materials shall
be deposited.
F.
It shall be unlawful for any person or operator of
a vehicle engaged in the business of selling or offering to sell refreshments,
as defined herein, to sound at any time whatsoever a bell, chime,
music or other device for the purpose of announcing his presence.
G.
It shall be unlawful for any person engaged in the
business of peddling, vending or selling refreshments as set forth
in this article to do so after the hour of 9:00 p.m.
[Added 10-9-1973 by Ord. No. 1973-15; amended 6-13-1978 by Ord. No. 1978-9]
A.
Any person desiring to engage in the business aforementioned
shall make an application in writing, in triplicate, with one copy
to be delivered to the Chief of Police, one copy to the Board of Health
and the third copy to the Township Clerk.
(1)
Said application shall contain the following information:
(a)
Name and address of applicant.
(b)
Name and address of the owner of the vehicles
registered with the Motor Vehicle Department.
(c)
Description of said vehicle to be licensed,
giving the name of the manufacturer, serial number, motor number,
with any other insignia appearing thereon.
(d)
Names and addresses of the person, firm or corporation
from whom the ice cream, ice cream products, water ices or such frozen
confectionery products will be purchased.
(e)
Three business references.
(f)
Name and address of the salesman or operator
upon said vehicle.
(g)
Whether or not the applicant, salesman or operator
has been convicted of a crime or misdemeanor or violation of any municipal
ordinance, and the nature of the offense, if any, for which convicted,
and the date and place.
(h)
Whether or not the applicant, owner, operator
or salesman is the holder of a license under N.J.S.A. 45:24-9. If
so, the license number, date of issue, name of county where issued
and whether it is still in force and effect.
(i)
A photograph of the salesman or operator to
be licensed shall be filed with the application, and after the issuance
of the license a photograph of the licensed salesman or operator shall
be displayed conspicuously on the vehicle.
B.
After obtaining a health certificate approved by the
Board of Health of the Township of Cinnaminson, on approval by the
Chief of Police of said Township, such applicant shall submit the
same to the Township Clerk accompanied by the license fee hereinafter
fixed.
C.
The requirements concerning such health certificate
approved by the Board of Health shall not be deemed to apply to officers
of the corporation or partners in a partnership or to an owner, except
to such officers, partner or owner who shall act as a salesman or
operator of said vehicle.
D.
If the Chief of Police, after reviewing an application,
determines that the applicant is not a bona fide owner or lessor of
the vehicle sought to be licensed, such application may be denied.
A.
Upon receipt of an application for a license to engage
in the business aforementioned or for a license to act as salesman
or operator on or upon said vehicle, the Township Clerk of the Township
of Cinnaminson shall transmit the application to the Township Committee
after receipt of the aforementioned health certificate, approved by
the Chief of Police, and license fee. The Township Committee may then
grant the license applied for. The licensee shall appear before the
Township Committee in person.
B.
A license for a vehicle shall entitle the person named therein to engage in the business mentioned in § 389-14 hereof. Such license shall not be transferable. A salesman's license shall entitle the person named thereon to sell or offer to sell such products mentioned in § 389-14 hereof from a licensed vehicle and shall not be transferable to any other person. Upon the issuance of a license the Township Clerk shall furnish the licensee with a plate, badge or other evidence corresponding to the number of the license and the year in which it is issued. The plate, badge or other evidence shall be displayed at all times in a conspicuous part of the licensed vehicle or carried upon the person of the salesman, as the case may be. Such evidence shall be exhibited on demand of any citizen or any member of the Police Department or Board of Health of the Township. Licenses issued pursuant to the provisions of this article shall be good only for one year in which issued and shall be effective from the first day of January in each year. Any licensee applying for or obtaining a license after the first of January in any year shall pay the license fee for the full year.
[Amended 7-19-2000 by Ord. No. 2000-9]
A.
The license fee to be imposed under this article shall be as set forth in Chapter 265, Fees. Said fee shall entitle the licensee of the vehicle to one salesman's license without charge.
B.
The license to be imposed upon each additional salesman or any such vehicle shall be as set forth in Chapter 265, Fees.
C.
Every person holding a validly issued and effective
license under the provisions of N.J.S.A. 45:24-9 shall receive the
license applied for without fee, provided that all other provisions
of this article are complied with.
D.
The license fees herein fixed are imposed for the
purpose of licensing and regulating the business hereinabove defined.
A.
Any person, firm or corporation violating any of the
provisions of this article shall, upon conviction thereof, be subject
to a fine not to exceed the sum of $2,000 or be imprisoned in the
county jail for a term not to exceed 90 days, or both, in the discretion
of the Judge before whom such conviction is obtained.
[Amended 12-17-2012 by Ord. No. 2012-26]
B.
In addition to being subject to the penalties provided in Subsection A above, any license to be issued under this article may be revoked by the Township Committee for any misstatement in the application or for any violation of this article, after notice and hearing; provided, however, that a license may be suspended for a period not to exceed 30 days. Should any license be revoked or suspended, no part of the license fee shall be returned.
