As used in this chapter, the following terms shall have the
meanings indicated:
CONDUCTING (or CONDUCT) BUSINESS
Includes the conducting of retail sales for profit of any
product, food, beverage, goods, wares or merchandise; the offering
for sale, sale, causing to be offered for sale, or the taking of orders
for present or future delivery; or the display of any nature of product,
food, beverage, goods, wares, merchandise, articles or services of
every kind or description, including licensed professional services.
EXEMPT ACTIVITY
Includes the requesting of 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.
EXEMPT PARTY
A person or 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; is not conducting business; or was created
under or is otherwise subject to the provisions of Title 15A of the
New Jersey Statutes.
PEDDLER
Any person or entity which goes from house-to-house, door-to-door,
business-to-business, street-to-street, or any other type of place-to-place
movement within Moorestown for the purpose of conducting business
by offering for sale, displaying for exposing for sale, selling or
attempting to sell, and delivering immediately upon sale, the goods,
wares, products, merchandise, or other personal property or any services
that the person is carrying, otherwise transporting or offering.
SOLICITOR
Any person or entity which goes from house-to-house, door-to-door,
business-to-business, street-to-street, or any other type of place-to-place
movement within Moorestown for the purpose of conducting business
by obtaining or attempting to obtain orders for goods, wares, products,
merchandise, other personal property, or services of which he or she
may be carrying or transporting samples, or that may be described
in a catalog or by other means, and for which delivery or performance
shall occur at a later time. The absence of samples or catalogs shall
not remove a person from the scope of this provision if the actual
purpose of the person's activity is to obtain or attempt to obtain
orders as discussed above.
TRANSIENT VENDOR
Any person or entity which conducts business within Moorestown
in any public place by car, truck or other vehicle (motorized or unmotorized),
for the purpose of exposing or displaying for sale, selling or attempting
to sell, and delivering goods, services, wares, products, merchandise,
or other personal property.
No person or entity shall conduct business as a peddler, solicitor,
or transient vendor within Moorestown without first having obtained
a permit pursuant to this chapter. However, a permit is not required
for a peddler, solicitor, or transient vendor which is participating
in a designated community event and has space allocated to it by the
organizer of the event, or a transient vendor which has been invited
to a private event for the purpose of serving invited guests only.
No peddler, solicitor, transient vendor or other person engaged
in other similar activities shall conduct business in any of the following
manners:
A. Calling attention to his or her business or the items to be sold
by means of blowing any horn or whistle, ringing any bell, crying
out, or by any other noise, so as to be unreasonably audible within
an enclosed structure.
B. Obstructing the free flow of traffic, either vehicular or pedestrian,
on any street, sidewalk, alleyway, or other public right-of-way.
C. Conducting business in a way as to create a threat to the health,
safety, and welfare of any specific individual or the general public.
D. Entering or attempting to enter any dwelling without an invitation
or permission of the occupant, and said person shall immediately leave
any premises upon request.
E. Remaining on the property of another when requested to leave.
F. Entering onto a property which is marked with a sign or placard stating
"No Peddlers, Solicitors or Transient Vendors," "Peddlers, Solicitors,
and Transient Vendors Prohibited," or other comparable statement.
G. Failing to provide proof of permit or identification when requested.
H. Using the permit of another person.
I. Alleging false or misleading statements about the products or services
being sold, including untrue statements of endorsement. No peddler,
solicitor, or transient vendor shall claim to have the endorsement
of the Township solely based on the Township having issued a permit
to that person.
J. Otherwise conducting business in any manner that a reasonable person
would find obscene, threatening, intimidating or abusive.
Any person who violates any provisions of this chapter shall be fined as set forth in Chapter
66. Every day that a violation continues shall constitute a separate and distinct offense.