[HISTORY: Adopted by the Township Council of the Township of Delran as indicated in article histories. Amendments noted where applicable.]
[Adopted as Sec. 6-2 of the 1993 Revised General Ordinances]
It shall be unlawful for any person to conduct, engage in or carry on any business, trade, occupation or activity, as enumerated in this article, within the Township, without having first complied with the provisions of this article and obtained a license therefor in accordance with the application procedures set forth in Chapter 203, Licensing.
When used in this article, the following terms shall have the following meanings:
- Any person who applies for a license in accordance with the terms and provisions of this article.
- CANVASSER or SOLICITOR
- A person, whether a resident of the Township or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, to take or attempt to take orders for 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 the individual has, carries or exposes for sale a sample of the subject of the sale, and whether or not he or she accepts any advance payment for the goods. Any person taking a poll or a survey from house to house or on the streets, or distributing advertisements or handbills is included. This shall not include wholesalers calling on retail merchants.
- ITINERANT MERCHANTS, TRANSIENT VENDORS
- A peddler, hawker, solicitor, canvasser or junk dealer, as defined herein.
- Any person who has applied for, has been issued and holds a license in accordance with the terms and provisions of this article.
- Includes, but is not limited to, food, fruit, vegetables, farm products, magazines, periodicals, all kinds of articles of personal property for domestic use and orders or contracts for home improvements or alterations.
- NONPROFIT VENDOR
- A person who sells goods, the proceeds of which are devoted exclusively to the purposes of a philanthropic, charitable or religious society on whose behalf he or she acts as agent, with or without pay.
- Any person, whether a resident of the Township or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house or from street to street, carrying, conveying or transporting merchandise, offering and exposing the same for sale, or making sales and delivering articles to purchasers. "Hawker," "huckster," "solicitor," "canvasser," "junk dealer" and "vendor" shall also be included in this definition.
Each applicant under this article shall pay a fee as set forth in § 150-3A for such license, which shall be prorated from the first day of the month of issue.
Every license shall remain in force and be valid only for the time therein expressed, not to exceed one year, and shall apply only to the person or persons to whom granted and shall not be transferable.
If not otherwise set forth, such license shall expire on December 31 of each year. Licenses may be renewed upon the expiration of their term.
Prior to the issuance of any license or permit to any licensee, the prospective licensee shall file with the Township Clerk a bond to the Township in the amount of $1,000. Such bond shall be executed by the proposed licensee, as principal, and a surety company licensed to do business in the State of New Jersey. The bond shall be in accordance with and for the purposes provided in N.J.S.A. 45:24-5 and shall remain in force for the term of the license and shall be conditioned as follows:
To indemnify and pay the Township any penalties or costs incurred in the enforcement of any of the provisions of this article and Chapter 203, Licensing, and to indemnify or reimburse any purchaser of personal property from the licensee in a sum equal to at least the amount of any payment the purchaser may have been induced to make through the misrepresentation as to the kind, quality or value of the personal property, whether the misrepresentations were made by the licensee or the licensee's agents, servants or employees, either at the time of making the sale or through any advertisement printed or circulated with reference to such personal property, or any part thereof.
The aforesaid bond shall be declared forfeited, upon proof of falsification in the application for a license.
The bond shall be forfeited upon proof of the violation of any of the sections herein by the licensee or the licensee's agents, servants or employees.
The Township Clerk shall issue to each licensee at the time of delivery of his or her license a badge which shall show the nature of the license in letters and figures easily discernible from a reasonable distance, and shall have affixed thereto a photograph of the licensee. Such badge shall be worn constantly by the licensee on the front of his or her outer garment in such a way as to be visible to a person facing him or her during the time such licensee is engaged in peddling or soliciting.
The badge shall be deposited with the Police Department at the conclusion of each day's activities.
No person shall solicit before the hour of 8:00 a.m. or after 8:00 p.m.
All licensees who offer to sell, display for sale or deliver fruits, vegetables or other farm products from any vehicles which are wholly or in part open on any of the sides thereof shall, at all times, keep all such produce covered with satisfactory materials in order to avoid and eliminate the accumulation of flies or any other insets from alighting around or upon any such produce.
All licensees offering for sale, displaying for sale, selling or delivering seafood, meats, poultry or dairy products shall transport it solely in refrigerated vehicles. All such products shall remain in the refrigerated portion of the vehicle at all times during the time of sale or delivery. The refrigerated portion, while in use, shall be maintained at a properly low temperature to completely safeguard all such products, from a health and sanitary standpoint, to the fullest reasonable extent possible for the safety and welfare of the public.
No licensee shall, at any time, permit any debris, waste materials, rotting produce or merchandise of any kind or any unfit produce to remain in or upon their vehicle, unless it is contained in a metal leakproof container having a properly fitted metal cover on the container.
No licensee shall sell or attempt to sell any articles to pedestrian or vehicular traffic, other than when his or her vehicle is properly parked immediately adjacent to the curb of a public street in a permitted locality. Such licensee shall at no time double park when dealing with any of his or her trade and in no event shall transact any of his or her business operations other than on the curb side of his or her vehicle.
No licensee shall at any time permit any waste materials, parts of produce or any other merchandise to remain in or upon any street, roadway, curbs or walks, and shall at all times remove any such debris that may have fallen from his or her vehicle. Such litter shall be immediately placed in the metal containers, as hereinabove provided.
All sales of any merchandise by any licensee shall, at the time of the sale, be placed in bags or other like suitable containers when such merchandise is handed to the customer.
The licensee shall prohibit, as reasonably as possible, the eating of any merchandise directly from his or her vehicle.
All licensees, while carrying on their permitted business, shall fully comply at all times with all of the terms, covenants and conditions of this article, all other applicable Township ordinances and all other applicable state laws, regulations or provisions pertaining thereto, and particularly, but not in limitation thereof, that may deal with provisions of health, safety and general welfare.
Before a licensee uses a vehicle or mode of transportation in furtherance of his or her permitted business, the licensee shall submit such vehicle to the Township health officer for inspection and approval relative to compliance with this article and shall, whenever requested during the term of the license, submit his or her vehicle for reasonable reinspection for such purpose.
No vehicle or mode of transportation shall be used by any licensee unless it has been approved for use by the health officer. The written approval shall remain in and upon the vehicle at all times and shall be shown by the operator to any member of the Township Police Department, any official of the Township or any member of the public, upon request.
The terms of Chapter 203, Licensing, and of this article shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles, and nothing contained herein shall be held to prohibit any sale required by statute or by order of any court.
The equipment used or employed by peddlers 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 or its authorized agents. Any violation found and not immediately corrected shall be grounds for revocation of the license.
No licensee shall:
Call attention to his or her business or to his or her merchandise by crying out, blowing a horn or by any other loud or unusual noises.
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.
Conduct, or attempt to conduct, his or her business within 200 feet of any place occupied exclusively as a public or private school or for school purposes, nor during such times shall he or she permit his or her cart, wagon or vehicle to stand on any public highway within such distance of any school property.
Allow any other person to use the license issued hereunder.
[Amended 6-2-2015 by Ord. No. 2015-5]
The provisions of this article shall not apply to the following:
Anyone who solicits any votes as support for a bona fide political candidate seeking office.
Any person honorably discharged from the military services of the United States possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 et seq.
Any person who is an exempt firefighter of a volunteer fire department, as defined by N.J.S.A. 45:24-9 et seq., possessing a license in conformity with the law.
Any person engaged in the delivery of goods, wares, 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.
Federal census takers and polls or surveys taken pursuant to federal, state or local laws.
Any school, political or civic organization, benevolent society, service club or organization not-for-profit which is located in, or has a substantial membership from, the Township, except that registration with the Police Department for all outdoor fund-raising events shall be required. In the event that the organization fails to register or does not comply with the terms of the registration agreement, the Police Department may shut down the organization's activity.
[Adopted as Sec. 6-4 of the 1993 Revised General Ordinances]
For the purpose of this article, the following terms shall have the meaning set forth:
- CHARITABLE and PHILANTHROPIC
- Patriotic, religious, eleemosynary, benevolent, educational, civic or fraternal associations, societies and the like.
- The giving of alms, food, clothes, money subscriptions, pledges or property of any nature or kind.
- SOLICIT and SOLICITATION
- The request, directly or indirectly, for money, credit, property, financial assistance or other thing of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable and philanthropic purpose. Solicitation shall be deemed to be complete when made, whether or not the person making the same receives any contribution.
No person or organization shall solicit charitable or philanthropic contributions within the Township without first obtaining a permit authorizing such public solicitations; provided that the provisions of this article shall not apply to any established person or organization authorized and not operated for the pecuniary profit of any person if the solicitations by such person or organization are conducted among the members thereof, or if the solicitations are in the form of collections or contributions at the regular assembly or meetings of any such person or organization.
Application for a permit to make a public solicitation of funds by charitable and philanthropic organizations shall be made to the Township Clerk upon forms provided by the Township.
An investigation of the application shall be made by the Chief of Police to determine that the person or organization is bona fide. Upon making such determination, the Chief of Police shall notify the Township Clerk.
Upon authorization of the Township Council, the Clerk shall issue a license for the conduct of activities under this article. There shall be no fee for a permit issued hereunder.
The Township Clerk shall keep a current calendar of approved solicitations to be conducted within the Township. The Clerk may propose alternate dates for a solicitation if the requested dates should unfairly conflict with other solicitations being conducted within the Township.
No permit may grant the right to solicit for a period longer than 90 consecutive days.
Any person or organization receiving money from any contributor under a solicitation made pursuant to this article shall give to the contributor a written receipt, signed by the solicitor, showing the date and the amount received.
This section shall not apply to any contribution collected by means of a closed box or receptacle used in the solicitation where the use thereof has been approved by the Township Council, where it is impractical to determine the amount of each contribution.
All solicitations conducted under the authority of this article shall take place between the hours of 10:00 a.m. and 6:00 p.m. No solicitations shall be conducted on Sundays. Any person or organization desiring to solicit at hours other than those stated herein shall make special request therefor on their application, and this special request shall be approved or disapproved by the Township Council. If approval is given by the Township Council for the solicitation to be conducted at other than the hours stated in this article, the approval shall be plainly stamped on the permit issued by the Township Clerk.