[HISTORY: Adopted by the Board of Commissioners of the Borough of Longport 6-16-1982. Amendments noted where applicable.]
[Amended 12-28-1996 by Ord. No. 96-12]
As used in this chapter, the following terms shall have the meanings indicated; except that any person distributing materials or soliciting for totally noncommercial or political purposes between the hours of 8:00 a.m. and 9:00 p.m. shall not be included in any of the following definitions:
- Any person who distributes or causes to be distributed on any street or public place within the Borough any newspaper, periodical, book, magazine, handbill, circular, card or pamphlet or printed material of any kind.
- All goods, wares, meat, fish, ice cream, fruit, vegetables, magazines, periodicals, printed material, farm products, services and orders or contracts for services, home improvements or alterations and anything that may be sold or distributed by peddlers, solicitors or distributors, as defined herein.
- PEDDLER or VENDOR
- Any person, whether a resident of the Borough or not, who goes from house to house, place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, carrying or transporting merchandise for the purpose of selling and delivering the merchandise to customers. The word "peddler" shall also include "vendor," "hawker" and "huckster."
- Any individual, firm, partnership, corporation, organization, club, association or any principal or agent thereof.
- Any person, whether a resident of the Borough or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, soliciting, taking or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services and whether or not he is collecting advance payments on such sales or order, or who engages in any of the foregoing activities from a stationary location on any street or other public place. The word "solicitor" shall also include the word "canvasser" or any person who goes from door to door, as described above, for the purpose of soliciting and/or who collects funds from a stationary location on any street or other public place.
- TRANSIENT MERCHANT
- Any person engaging in the activities commonly referred to as "transient merchant" or "itinerant vendor," who merchandises or sells with the intent to close out or discontinue such business within a period of one year from the date of commencement and occupies a room, building, lot or other structure or other premises for the purpose of selling merchandise.
- VENDING UNIT
- Any motor vehicle, pushcart, wagon or other wheeled vehicle or device which may be moved with or without the assistance of a motor, used for displaying, storing or transporting of articles offered for sale by a peddler or vendor.
It shall be unlawful for any peddler, vendor, solicitor, distributor or transient merchant to sell, vend, offer for sale or distribute merchandise, printed material or services within the Borough without first registering with, filing an application for registration with, paying a registration fee to and obtaining a registration certificate from the Borough of Longport.
Upon obtaining a registration certificate as hereinafter provided, a peddler, vendor, solicitor, distributor or transient merchant may conduct his activities within the Borough only as long as he adheres to the regulations set forth herein and carries the registration certificate upon his person at all times during the conduct of his activities. The registration certificate shall identify the person and the type of activity for which he has registered and shall be shown to any person or police officer upon request. All certificates shall expire December 31 of the calendar year in which they are issued.
Every applicant for a certificate under this chapter shall file with the Chief of Police a sworn, written application on a form to be furnished by said Chief, which shall give or be accompanied by the following information or documents:
The name and description of the applicant.
The permanent home address and full local address of applicant.
A brief statement of the nature of the business and a description of the merchandise or service to be sold.
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
The length of time for which the certificate is desired.
If a vehicle is to be used, a description of such vehicle and its license number.
The place where the merchandise or services 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.
A photograph 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.
Two business references located in the County of Atlantic, State of New Jersey, or in lieu thereof, such other available evidence of the character and business responsibility of the applicant as to properly evaluate such character and responsibility.
A 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.
The fingerprints of the applicant.
When the application is properly filled out and signed by the applicant, the original and duplicate thereof shall be filed with the Chief of Police, who shall make or cause to be made within 15 business days such investigation of the applicant's business responsibility and character as he deems necessary for protection of the public good.
If as a result of such an investigation the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons therefor. Any determination by the Chief of Police that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
In the absence of any such finding, the Chief of Police shall find the application satisfactory and shall endorse his approval on the application.
If an application is found unsatisfactory by the Chief of Police, he shall notify the applicant by mail that the application is disapproved and shall deny the applicant any registration certificate.
If an application is found satisfactory by the Chief of Police, he shall issue a registration certificate addressed to the applicant to conduct the business applied for upon payment of the proper fee by the applicant. Such certificate shall contain the signature of the issuing officer and shall show the name, address and photograph of the applicant, the type of business (peddler, vendor, solicitor, distributor or transient merchant) the applicant has registered for, the kind of goods or services to be paid thereunder, the date of issue, the length of time for which the certificate shall be operative and the license number and other identifying description of any vehicle used in the activity licensed.
At the time of the application fee for the issuance of a registration certificate, a fee of $450 shall be paid by the applicant to cover the costs of investigation and the administration and enforcement of this chapter. Such fee shall be in addition to any fee which may be chargeable under any other ordinance of the Borough.
Where an organization has several agents peddling, soliciting or distributing merchandise or printed material, each agent shall be registered separately and each shall pay the appropriate fee. Upon expiration of a certificate, a new certificate will be issued upon compliance with all provisions of this chapter and the payment of fees and posting of bond, except that the investigation and waiting period therefor may be waived by the Chief of Police.
Prior to the issuance of any certificate, the applicant shall file with the Borough a bond running to the Borough in the amount of $1,000 with good and sufficient surety, in such form as shall be approved by the Borough Attorney or his designated representative. Said bond shall remain in force for the term of the certificate and shall be conditioned to indemnify and pay the Borough for any penalties or costs incurred in the enforcement of any of the provisions of this chapter and to indemnify or reimburse any purchaser of personal property from the holder of the certificate in sum equal to at least the amount of any payment such purchaser may have been induced to make through the misrepresentation as to kind, quality or value of the personal property, whether the misrepresentations were made by the licensee or said licensee's agents, servants or employees, either at the time of making the sale or through an advertisement printed or circulated with reference to such personal property or any parts thereof.
The Board of Commissioners may, by resolution, exempt persons from the bond requirement, provided that the applicant satisfies the Board of Commissioners that the nature of his activity does not jeopardize the position of the Borough or the protection given herein to the residents.
Any person aggrieved by the action of the Chief of Police in the denial of a certificate, as provided in § 132-6, shall have the right of appeal to the Board of Commissioners. Such appeal shall be taken by filing with the Board of Commissioners, within 14 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 Board of Commissioners 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 § 132-10 for notice of hearing on revocation. The decision of the Board of Commissioners on such appeal shall be final and conclusive.
Certificates issued under the provisions of this chapter may be revoked by the Board of Commissioners, after notice and hearing, for any of the following causes:
Fraud, misrepresentation or a material incorrect statement contained in the application for a certificate.
Fraud, misrepresentation or a material incorrect statement made in the course of carrying on his business as solicitor, peddler, distributor or transient merchant.
Any violation of this chapter.
Conviction of any crime or misdemeanor.
Conducting the business of peddler, solicitor, distributor or transient merchant in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of the hearing for revocation of a certificate shall be given by the Borough Clerk in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the holder of the certificate at the address given on the application at least five days prior to the date set for the hearing or shall be delivered by the agent of the Borough in the same manner as a summons at least three days prior to the date set for the hearing.
Upon revocation, the certificate shall be surrendered to the Borough Clerk.
The business of hawking, peddling or vending shall be subject to the following regulations, whether certified or licensed by this municipality or the State of New Jersey:
No vending unit shall remain in a fixed location.
All vending units must be on wheels and movable.
Any vending unit shall park only in areas where automobiles are permitted to park and shall begin the sale within five minutes from the time the vehicle is so parked and shall leave the location within five minutes after the last sale.
There shall be no vending within 200 feet of the grounds of any school between the time period 1/2 hour prior to the start of the school day and 1/2 hour after the end of the school day.
There shall be no sale of food or beverage for immediate consumption unless the vendor has made available for public use a litter receptacle.
No vendor shall allow any items relating to the operation of the vending business to be placed anywhere other than in or under the vending unit.
No vendor shall set up a crate, carton, rack or other device to increase the selling or display capacity of his unit or motor vehicle. There shall be no stacking of items to be sold upon the sidewalk or street. All materials and all merchandise shall be located solely on the vending unit.
No person shall sell anything other than such commodities as are described in his registration. No vendor shall have the exclusive right to any location in the public streets nor shall be permitted to locate or stop in a congested area where his operation might impede the public traffic.
No vendor shall sell from a vending unit on a sidewalk where the sidewalk is not more than 10 feet in width or vend within 10 feet of any entrance of any building or vend within 20 feet of any driveway or within 20 feet of any crosswalk of any intersection or 20 feet of any bus stop or 20 feet of any loading or unloading zone or within a radius of 150 feet of any premises where the merchant is dealing in like items.
No vendor vending from a motor vehicle shall conduct his business in such a way as would restrict or interfere with the ingress or egress of any abutting property owner or tenant or create a public nuisance, increase traffic congestion or delay or constitute a hazard to traffic, life or property or an obstruction to an adequate access for fire, police or sanitation vehicles.
No vendor shall be permitted to operate in an area where his operation impedes the public.
No vendor vending from any vending unit shall stop, stand or park his vending unit on any street for the purpose or sell in any street under circumstances during the hours where parking, stopping or standing is prohibited by signs or curb markings or is prohibited by statute or ordinance.
No vendor vending from a motor vehicle shall remain in any area longer than necessary to make his sale after having stopped for that purpose.
No vendor shall stop, stand, park, place or allow his vending unit to be used by any other vendor.
No vendor shall peddle, vend, hawk, solicit or distribute merchandise except between the hours of 8:00 a.m. and 6:00 p.m., prevailing time, unless specifically having been invited into a house by the occupant or having made an appointment with a person previously.
No vendor or solicitor shall attempt to peddle, solicit or distribute merchandise or printed material without first having identified himself as a peddler, solicitor or distributor registered with the Borough and displaying his certificate.
No vendor or solicitor shall have exclusive right to any location in the public streets or operate in any congested area where his operations might impede or inconvenience the public.
No vendor or solicitor shall leave at a property or house or in any public place circulars, samples or other matter, except newspapers, which shall be defined as a periodical with a paid circulation of at least 90% of its total circulation, except when handed to a person or house occupant.
No vendor or solicitor shall enter or attempt to enter the land of any resident in the Borough without an express invitation from the occupant of the house.
No vendor or solicitor shall conduct himself in such a manner as to become objectionable to or annoy an occupant of any house.
No vendor or solicitor shall shout, cry out, blow a horn, ring a bell or use any sound-making or sound-amplifying device upon any of the streets, parks or public places of the Borough or upon private premises where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, parks or other public places of the Borough or upon private premises for the purpose of attracting attention to any merchandise or services.
No vendor or solicitor shall distribute obscene merchandise or printed material or that which advocates unlawful conduct.
No vendor or solicitor shall litter the streets, public places or properties within the Borough with any merchandise or printed material.
Vendors of food and beverages shall comply with the inspection provisions and standards of the New Jersey State Sanitary Code. In addition to any other health and sanitary requirements, the following regulations must be followed:
All vending units dispensing hot food shall be equipped with:
Twin potable water tanks consisting of a minimum capacity of eight gallons, heated electrically or otherwise to a temperature of 140° F. or above and tilted toward a capped drain cock. The water inlet pipe shall be of removable flexible copper or other tubing approved by the Planning Subcode Official of the Borough of Longport, with a nozzle for hose connection when not being used.
A hand wash sink, seamless, with hot and cold water, soap and single-service towels.
A suitable waste tank with an adequate method of gauging the contents and having a capacity at least equal to the capacity of the water supply tank and tilted toward a drain cock. All waste shall be emptied in a sanitary manner in order to maintain sanitary conditions.
A refrigerated box capable of maintaining a temperature of 45° F. or below and equipped with an indicating thermometer for various ingredients carried, with metal racks or platforms provided to store ingredients.
A refuse container with cover attached to the cart for deposit of papers and other solid wastes by customers and operators. Said container must be readily cleanable and kept clean.
All food while being stored, prepared, displayed, served, sold or transported shall be protected against contamination from dust, flies, rodents and other vermin, unclean utensils and work surfaces and toxic materials.
The following persons or organizations are exempt from the payment of a fee and, in the discretion of the Chief of Police, the application and/or investigation procedures, upon compliance with all other provisions of this chapter and submission of applicable identification and documents to support the claim to exemption:
Any charitable or religious society that shall conduct sales of personal property when the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable or religious object for which the society exists.
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 and 45:24-10.
Any person who is an exempt fireman of a volunteer fire department, as defined in N.J.S.A. 45:24-9 and 45:24-10, possessing a license in conformity with said law.
Any public utility or its employees, which said public utility is subject to regulation by the State Board of Public Utility Commissioners; provided, however, that such employees shall display the identification badge or card issued by their employer.
Any person selling fruits and farm products grown by himself, with or without the help of others.
Any person 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.
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 Borough.
[Added 4-18-2007 by Ord. No. 2007-06]
The Borough of Longport Volunteer Fire Department is hereby authorized to solicit contributions in and along all the streets and roadways within the Borough of Longport.
If the street or roadway is under the County of Atlantic jurisdiction, or under the State of New Jersey jurisdiction, the foregoing authority to solicit is subject to approval by the Board of Chosen Freeholders of the County of Atlantic or the proper authorities of the State of New Jersey, as the case may be.
The Longport Volunteer Fire Department shall conform to all street and roadway soliciting rules and regulations of the Borough of Longport, County of Atlantic, and State of New Jersey, as the case may be.
Any person violating the terms of this chapter, whether as principal, agent or employee of another, shall, upon conviction in the Municipal Court, be subject to a fine not exceeding $500 or to imprisonment in the county jail not exceeding 90 days, or to both, in the discretion of the Judge.