Township of Moorestown, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Moorestown 4-22-1985 by Ord. No. 1260; amended in its entirety 8-31-2009 by Ord. No. 19-2009.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Penalties for Code violations — See Ch. 66.
Licensing generally — See Ch. 101.
Printed matter distribution — See Ch. 137.
[1]
Editor's Note: This ordinance also repealed former Art. I, Soliciting, adopted 9-23-1985 by Ord. No. 1283, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
CONDUCTING BUSINESS
Includes the conducting of retail sales for profit of goods, wares or merchandise, the offering for sale, sale, causing to be offered for sale or sold, the taking of orders for present or future delivery or the display of any nature of goods, wares, merchandise, products, articles or services of every kind or description.
SOLICIT
Includes the request for money, credit, property, financial assistance or anything of economic value on behalf of any charitable, religious, political or nonprofit cause or organization; also the taking of surveys for research purposes and the taking of opinion polls.
TRANSIENT VENDOR
Includes any individual, firm, corporation, partnership, association, company and/or any agent thereof who conducts a business within Moorestown by house-to-house or door-to-door canvass conducted in any house, office, business office, on the streets or sidewalks or in any other private place by car, truck or other vehicles or on foot.
A. 
Door-to-door canvassing, solicitation, campaigning, advocacy, education, proselytizing, handbill distribution, or other entry upon private property by individuals representing any entity which qualifies for tax-exempt status under the Internal Revenue Code; qualifies for exemption from property tax under N.J.S.A. 54:4-3.6; qualifies for an exemption from sales tax under N.J.S.A. 54:32B-9; or was created under or is otherwise subject to the provisions of Title 15A of the New Jersey Statutes, shall be exempt from the provisions of this chapter. Solicitation of donations by any such organizations shall not constitute the conducting of business as defined in this chapter, and persons soliciting on behalf of such organizations shall not constitute transient vendors as defined in this chapter.
B. 
Persons soliciting on behalf of any charitable, religious, political or nonprofit cause or organization shall carry proper identification issued by the organization represented and shall display the same upon request. No person shall solicit on behalf of any charitable, religious, political or nonprofit cause or organization at any premises within the Township of Moorestown where solicitors are notified by a sign that soliciting is prohibited. No person soliciting on behalf of any charitable, religious, political or nonprofit cause or organization shall enter or attempt to enter any dwelling without the invitation or permission of the occupant, and said person shall immediately leave any premises upon request.
Hereafter, no transient vendor may conduct business within Moorestown without first obtaining a permit as herein provided.
[Amended 11-30-2015 by Ord. No. 25-2015; 6-25-2018 by Ord. No. 9-2018]
A. 
Application for eligibility for transient vendor permit. Prior to issuance of a transient vendor permit, application for eligibility to receive a permit to conduct business shall be made to the Chief of Police of the Township of Moorestown upon forms provided by the Township. Such application shall be filed at least 20 business days prior to the commencement of the transient vendor conducting business within Moorestown. A separate application shall be filed for each individual who shall be conducting business on behalf of a transient vendor. The applicant shall supply the following information:
(1) 
Full identification, including proof thereof by voter registration card, passport, driver's license or some other acceptable form of identification.
(2) 
If the applicant is conducting business on behalf of a transient vendor, the name and address of the transient vendor and the principal officers and managers of the transient vendor.
(3) 
The purpose for which the business is to be conducted.
(4) 
An outline of the method to be used in conducting the business.
(5) 
The time when such business shall be conducted, giving the date or dates for the beginning and ending thereof.
(6) 
A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the Township of Moorestown or by any department or officer thereof.
(7) 
If a vehicle is to be used, the make, model, year, color and license plate number of the vehicle, the name and number and state of issuance of the registration and the name, number and state of issuance of the driver's license of the person driving.
(8) 
Any criminal record of the applicant.
(9) 
Two photographs of the applicant not larger than two inches by two inches.
(10) 
Promptly upon receiving a signed Application for Eligibility to conduct business within the Township of Moorestown, the Chief of Police shall cause the applicant to be thoroughly investigated by the Police Department. Any applicant 1) who has been convicted of a crime or a misdemeanor involving a crime of moral turpitude (including but not limited to crimes involving fraudulent activities); 2) who has previously violated this chapter; or 3) who has made a material misstatement on the application, shall be deemed ineligible to be issued a transient vendor permit.
B. 
Fee. At the time application is made, the applicant shall pay to the Township of Moorestown a nonrefundable application fee in the amount of $75.
C. 
Expiration. All applications for eligibility expire one year from the date of approval. Upon expiration, application for eligibility must be remade, along with remittance of the required administrative fee of $75.
[Amended 6-25-2018 by Ord. No. 9-2018[1]]
A. 
Issuance. Upon approval of an application for eligibility by the Chief of Police, a thirty-day permit shall be issued. Permits issued pursuant to this chapter shall bear the name and address of the person to whom issued, the date of issue, the dates within which the permit shall be valid and a statement that the permit does not constitute an endorsement by the Township of Moorestown or by any of it departments, officers and employees.
B. 
Fees.
(1) 
Upon approval of an application for eligibility by the Chief of Police, a thirty-day permit shall be issued at no additional cost.
(2) 
Additional thirty-day permits: $10 each (up to 11 in a one-year period after the first thirty-day period).
(3) 
Twelve-month permit: $110 (first 30 days, no additional cost; $10 each additional month up to 11 months).
C. 
Expiration. All permits shall expire within 30 days or 12 months; however, no permit expiration date shall extend beyond the expiration date of the application of eligibility.
[1]
Editor’s Note: This ordinance also repealed former §§ 132-5, Issuance of permit, as amended 11-30-2015 by Ord. No. 25-2015, and former 132-6, Fee, and renumbered former §§ 132-7 through 132-11 as §§ 132-5 through 132-9, respectively.
[Amended 6-25-2018 by Ord. No. 9-2018]
Based upon the fact that transient vendor permits are issued to individuals based upon eligibility, no permit shall be transferable.
[Amended 6-25-2018 by Ord. No. 9-2018]
With the exception of ice cream truck vendors, who may conduct business in the Township of Moorestown from 9:00 a.m. until sunset, prevailing time, Monday through Sunday, the hours during which any other transient vendor may conduct business in the Township of Moorestown shall be limited to 9:00 a.m. to 5:00 p.m., prevailing time, Monday through Saturday. Any transient vendor seeking exception to this section shall request approval by the Township Manager.
Each person to whom a permit shall be issued pursuant to the terms hereof shall carry such permit at any time during which he shall be conducting business within the Township of Moorestown and shall exhibit the same to any person upon request. No person to whom a permit is issued shall enter or attempt to enter any dwelling without an invitation or permission of the occupant, and said person shall immediately leave any premises upon request No person to whom a permit is issued shall conduct business at any premises within the Township of Moorestown where solicitors are notified by a sign that soliciting is prohibited.
[Amended 11-30-2015 by Ord. No. 25-2015]
In the event that any person to whom a permit has been issued pursuant to this article has violated any of the provisions hereof or has misrepresented any material fact in connection with the application for such permit, the Chief of Police shall revoke the permit so issued. Upon receipt of notification of such revocation, the permit holder shall immediately surrender possession of the permit to the Chief of Police. Notice of revocation shall be effective whether delivered verbally or in writing, and failure to comply with such notice shall constitute a violation of this article and shall render the violator liable for the penalties hereinafter set forth.
[Added 7-8-2019 by Ord. No. 16-2019]
As used in Article II, the following terms shall have the meanings indicated:
COMMUNITY EVENT
Any event lasting no more than a twenty-four-hour period and so designated by resolution of the Township Council. Community events may include, by way of example and not limitation, food truck events on Main Street or other public property, the Moorestown Annual Paddleboard and Kayak Race, Moorestown Day and Autumn in Moorestown.
VENDOR
A person or company offering something for sale in the street or upon public property on the day of the community event and that otherwise would need a permit pursuant to Article I to lawfully engage in such activity.
Community events that do not offer goods or services for sale immediately or by way of taking orders are exempt from this article. Events include, by way of example and not limitation, the 4th of July, Halloween and holiday parades. In addition, upon written request by a vendor, the governing body may, if appropriate, grant a waiver of this chapter or any section thereof.
No vendor may conduct business at a community event within Moorestown without first obtaining a permit either pursuant to Article I or this Article II.
A. 
Application process for a community event vendor permit.
(1) 
In the case of a business, the primary owner/operator of the business shall file, on behalf of him/herself, and his/her employees that will be selling goods or services within the municipality at the community event, an application, as proscribed by the Moorestown Police Department, with the Moorestown Police Department.
(2) 
The owner/operator shall be responsible for obtaining an investigation to be conducted by conducted by the Moorestown Police Department following the procedure as set forth in Article I, § 132-4A(1) through (10) for him/herself only.
(3) 
The owner/operator shall be responsible for filing online a 212B application (criminal history background check), on behalf of his/her employees who would work on his/her behalf at the community event, with the New Jersey State Police.
(4) 
The owner/operator shall certify, in writing, on a form proscribed by the Moorestown Police Department, that all employees, working for the vendor at the community event, have undergone a 212B application (criminal history background check) and have not been convicted of a crime or misdemeanor.
(5) 
In the event the 212B background check shows that an employee had a criminal conviction or disposition listed in said report, then the owner/operator shall seek additional review by the Chief of Police or his designee if the owner/operator wishes to utilize said employee at the community event. The decision of the Chief of Police or his designee is final.
B. 
Fee. The fee, payable to the Moorestown Police Department, shall be $75.
A. 
Upon approval by the Police Department, a community event vendor permit shall be issued.
B. 
Permits issued pursuant to this article shall bear the name and address of the person to whom issued, the date of issue, the dates within which the permit shall be valid and a statement that the permit does not constitute an endorsement by the Township of Moorestown or by any of it departments, officers and employees.
C. 
Permits shall expire upon expiration of the event. Rain dates shall be honored.
D. 
Permits are renewable for any and all additional community events within 365 days of the initial permit issuance for a fee of $10 each event.
Based upon the fact that vendor permits are issued based upon eligibility, no permit shall be transferable.
A permit issued in connection with this article shall be valid two hours prior to and after the event.
Vendor shall maintain the permit, certificate of eligibility and all 212B application (criminal history background checks) onsite the day of the community event; and, upon request, make same available for inspection by the Moorestown Police Department.
In the event that any person to whom a permit has been issued pursuant to this article has violated any of the provisions hereof or has misrepresented any material fact in connection with the application for such permit, the Chief of Police shall revoke the permit so issued. Upon receipt of notification of such revocation, the permit holder shall immediately surrender possession of the permit to the Chief of Police. Notice of revocation shall be effective whether delivered verbally or in writing, and failure to comply with such notice shall constitute a violation of this article and shall render the violator liable for the penalties hereinafter set forth.