[Adopted 7-7-1980 as Sec. 5-2 of
Ch. V of the Revised General Ordinances]
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:
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.
A.
Each applicant for registration shall, at the time
of registering, give full, exact and true answers, in writing, on
a registration form filed by him and prepared by the Township Clerk
and providing for registration and recording of the applicant's name,
residence and business addresses, social security number, height,
weight and other personal identification data; the nature of goods
to be sold; the name and permanent address of the person, company
or organization for whom he is acting; any prior convictions of federal,
state or municipal offenses, including the nature thereof and sentence
imposed; the registration number of any vehicle he will use in this
Township; and his license data.
B.
Upon receipt of a completed registration form and
upon a determination that all health and vehicle requirements are
met and that it is advisable and proper for a license to be issued
to the applicant, the Township Clerk shall thereupon collect and receive
from the applicant the sum of money applicable to the permit, as hereinafter
particularly specified, and shall issue to the applicant a license
or permit to conduct the business of itinerant vendor within the corporate
limits of the Township for the time limited by the license or permit
and subject to all other existing rules and regulations, laws and
ordinances of the State of New Jersey or of the Township, with which
the applicant thereupon agrees to comply.
C.
The fees for the vendor's license are:
[Amended 6-22-1992 by Ord. No. 1992-5; 12-22-2008 by Ord. No. 2008-29; 6-13-2011 by Ord. No.
2011-06]
(1)
For each license to sell bread, meats, groceries,
fish and seafood, vegetables and other foodstuffs, including drinks
and beverages (except fresh milk and cream), the applicant shall pay
to the Township Clerk the sum of $100, said license to expire January
1 next ensuing the date of issuance.
(2)
For each license to sell articles of clothing or wearing
apparel or parts or accessories thereto and materials for the same,
toys, machinery, magazines, books, furniture, household equipment,
medicines or medical supplies and all other goods, wares and merchandise
not specifically classified or excluded or coming within any of the
foregoing classifications and herein provided for, the applicant shall
pay to the Township Clerk the sum of $100, said license to expire
January 1 next ensuing the date of issuance.
D.
No license or permit shall be effective for more than
one vendor, canvasser or device, but duplicate licenses or permits
may be issued in like manner and for additional like fees as the original
so issued.
E.
No rebate shall be allowed from any fee herein specified
on any license issued for a term of less than one year.
F.
One-day permits for peddling, soliciting and canvassing (itinerant
vendors).
[Added 4-28-2014 by Ord.
No. 2014-11]
(1)
For each license to sell any item as enumerated in § 194-12C(1) on a one-day basis as part of any Township special event, as the term is described in Chapter 170 for the Township for Mount Holly, the fee for such license on a one-day basis shall be $100.
(2)
For each license to sell any item as enumerated in § 194-12C(2) on a one-day basis as part of any Township special event, as the item is described in Chapter 170 for the Township of Mount Holly, the fee for such license on a one-day basis shall be $50.
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.
A.
Merchandise. No itinerant vendor of merchandise shall sell or attempt to sell before 8:00 a.m. or after 9:00 p.m. on any weekday, Monday through Saturday, or on any Sunday, except where expressly invited to the home of the occupant thereof and except as further provided in Subsection B.
B.
Food products. Itinerant vendors of merchandise selling
or attempting to sell manufactured ready-to-eat food products such
as ice cream or custard shall be permitted to operate on each day,
Monday through Sunday, between the hours of 8:00 a.m. and 9:00 p.m.
only. Sales at any other time or hour shall be unlawful and a violation
of this section.
[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.
