It shall be unlawful for any itinerant vendor
to sell, offer for sale or cause to be sold or offered for sale on
the public rights-of-way of the Township any goods, wares or merchandise
of any kind whatsoever, except as herein particularly allowed in the
manner as herein defined, without having first applied for and obtained
a license or permit for such purpose.
As used in this article, the following terms
shall have the meanings indicated:
ITINERANT VENDOR
Any person or persons, firm, association or corporation,
with or without any form of container, vehicle or other conveyance,
who shall, either on the streets or other public places of the Township,
sell, cause to be sold, offer for sale or cause to be offered for
sale merchandise of any description whatsoever, except as hereinafter
excluded, and who shall, at the time of such solicitation or sale,
either make immediate delivery or otherwise receive compensation for
the sale.
This article is intended to particularly exclude
wholesalers, growers of farm products raised wholly and exclusively
by the vendor within the State of New Jersey, holders of special privileges
and all the persons exempted by operation of law.
Any license may be refused either before or
after application therefor, and any license which may have been issued
may be revoked and canceled by majority vote of the Township Council
at any regular or special meeting thereof, or otherwise upon the direct
and independent action of the Township Clerk in and for the Township,
with or without cause shown and with or without previous notice to
the applicant or license holder.
If the Township Clerk determines that the applicant
should not be licensed to vend in Mount Holly Township, the applicant
shall be advised by certified mail of the reasons therefor. The applicant
shall have the right, within 10 days of the date of such notice, to
file a request with the Township Manager for a review thereof. The
Manager, upon receipt of such notice, shall promptly fix a time and
place at which the applicant may be heard by him and the matter reviewed
and shall forthwith either affirm or reverse the disapproval of the
Township Clerk and, in the latter event, order a registration card
to be issued.
[Amended 6-22-1992 by Ord. No. 1992-5; 6-13-2011 by Ord. No. 2011-06]
Any person violating this article or any of
the provisions hereof shall, upon conviction, be subject to a fine
not to exceed $2,000 or imprisonment for a term of not more than 90
days, or both.