[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood 12-15-1971 by Ord. No. 631R (Ch. 50 of the 1971 Code)[1] ; amended in its entirety 12-28-1999 by Ord. No. 99-25R. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This chapter is also derived from provisions originally contained in Chs. 64 and 76 of the 1971 Code.
A. 
No person shall have, conduct, or carry on any business, trade, or occupation known as hawker, peddler, junk dealer, junk collector, junk shop, circus, auctioneer, exhibition, merry-go-round, or gypsy camp without first obtaining a license from the Mayor and Council.
B. 
Nothing in this chapter shall be construed to require a license for the use of a vehicle for the delivery of any merchandise from a store or place of business.
C. 
No hawker or peddler shall offer for sale any goods, wares, merchandise or food without first obtaining a license from the Mayor and Council or its official designee. This subsection shall not apply to:
(1) 
Distributors of any newspapers or written matter which is regularly mandated in the Borough and/or written matter of a religious, educational or similar subject and not of a commercial nature.
(2) 
Persons selling or distributing food items in sealed containers whether for sale on a regularly scheduled future basis to the property's resident or for organizations that have qualified for exemption under the provisions of the New Jersey Sales and Use Act, N.J.S.A. 54:32B-9, which latter provisions may be waived by the Chief of Police if such sale or distribution is temporary in nature and for charitable purposes.
(3) 
Hawkers or peddlers that have subcontracted selling space from a duly constituted nonprofit corporation that is engaged in a charitable one-day event (i.e., flea market).
(4) 
Any citizen and resident of this state, now or hereafter honorably discharged or released under honorable circumstances, from active service, in time of war or other emergency as, from time to time, defined by the Legislature, in any branch of the Armed Forces of the United States shall be exempt from the requirements of this chapter. Likewise, the surviving spouse of any citizen or resident of this state who has met or shall meet his/her death during active duty in time of war or of other emergency as so decided in any such service shall also be entitled, during her widowhood or his widowerhood, and while a resident of this state, to an exemption from the requirements of this chapter.
D. 
The Mayor and Council has also determined that this chapter is intended to serve as a further means of protecting homeowners from criminal activity, annoyance including intrusion upon their hours of rest and making certain that there are sufficient police available to perform the duties geared toward protecting the residents from criminal activity.
[Added 2-8-2011 by Ord. No. 11-03R]
As used in this chapter, the following terms shall have the meanings indicated:
AUCTIONEER
A person who conducts a sale in which competitive bidding is utilized as a means of procuring the best and highest possible price for property being sold.
HAWKER or PEDDLER
A person who goes place to place and carries food, goods, wares and merchandise for the purpose of selling and delivering them to purchasers.
A. 
The license fee, to be paid to the Borough Clerk upon the issuance of the license, shall be:
(1) 
For each hawker or peddler: $100 per calendar year, including one vehicle. The fee shall not be prorated for parts of years. For additional vehicles: $50 per vehicle.
(2) 
For each auctioneer: $50 per sale.
(3) 
For each circus or exposition: $100 per day.
(4) 
For each merry-go-round: $50 per week.
B. 
The Borough Clerk shall keep in a book provided for that purpose a list of all licenses granted by the Mayor and Council, the name and residence of the person licensed, the number, the date when granted, the term of each license, and the purpose for which it has been granted.
C. 
No license as provided for in § 141-1A shall be issued by the Borough until the applicant shall have placed on file with the Borough satisfactory evidence of insurance in amounts not less than $300,000 aggregate covering any motor vehicle and/or general commercial liability insurance. Such insurance shall remain in force from the date of the license until the termination of the license period.
A. 
If a peddler operates more than one motor vehicle for peddling, a separate license shall be obtained for each vehicle.
B. 
No more than two licenses shall be allowed for any one peddler.
C. 
No license shall be issued until said peddler produces evidence of valid, current automobile insurance coverage for each vehicle licensed.
D. 
No license shall be issued until the driver produces a valid driver's license and current automobile insurance coverage for each vehicle licensed.
A. 
The application for a license shall be in writing and signed by the applicant. It shall be accompanied by the required fee and filed with the Borough Clerk at least four business days prior to the next regular meeting of the Mayor and Council.
B. 
The application for license shall:
(1) 
State the name, age and permanent home address of the applicant.
(2) 
Be accompanied by a certificate from the Board of Health for each vehicle if food is offered for sale.
(3) 
State the number and nature of any arrests or convictions for any crimes or disorderly persons offenses.
(4) 
State the purpose of the license.
(5) 
State the nature of the merchandise to be sold or offered for sale.
(6) 
If a vehicle is to be used in connection with the business, set forth a description of the vehicle; and evidence of current automobile insurance must be presented.
(7) 
State the names, addresses, and phone numbers of two reputable citizens to whom reference may be made as to the character and fitness of the applicant.
The Mayor and Council is authorized to grant a license under this chapter to any person:
A. 
Of good moral character;
B. 
Who has never been convicted of a crime involving moral turpitude, or a violation of any state or federal law or any disorderly conduct provision involving moral turpitude;
C. 
Who has complied fully with this chapter.
A. 
These licenses shall not be transferable from one person and/or entity to another person and/or entity.
B. 
If a licensee ceases to use the vehicle described in his/her license and desires to substitute another vehicle, he/she shall:
(1) 
Notify the Mayor and Council through the Borough Clerk; and
(2) 
Furnish the Mayor and Council with a description of the vehicle to be substituted, together with evidence of valid, current automobile insurance coverage.
A. 
The license shall be carried upon the licensee at all times when the licensee is engaged in the licensed business.
B. 
In the case of a peddler with a vehicle, the license shall be displayed upon the vehicle at all times when the vehicle is engaged in the licensed business.
[Amended 3-10-2009 by Ord. No. 09-02R; 2-8-2011 by Ord. No. 11-03R]
No licensee or licensee's agent shall sell or offer for sale any goods, wares, services, food or merchandise at any time other than 8:00 a.m. to 9:00 p.m.
[Amended 2-8-2011 by Ord. No. 11-03R; 8-9-2011 by Ord. No. 11-10R]
A. 
No licensee or licensee's agent shall enter upon any private property for the purpose of selling or offering for sale any goods, wares, food, merchandise or services if the property owner and/or resident has indicated, by posting or other notice, his/her desire to prohibit such entry. Such notice shall indicate that the resident or property owner wishes not to be disturbed and shall comply with the requirements of § 184-157A(1).
B. 
The Borough Clerk shall maintain a "No Knock List," a copy of which shall be provided to all persons or organizations required to be licensed pursuant to § 141-1, in accordance with the provisions of N.J.S.A. 47:1A-5. The Borough Clerk shall charge a fee for a copy of the "No Knock List," in accordance with the Open Public Records Act. Any resident of the Borough may register his/her name and address with the Borough Clerk for placement on the "No Knock List," indicating that such resident does not want persons so licensed to approach the registered home and/or seek personal contact with the occupants of the registered home. Once the resident's name has been added by the Borough Clerk to the "No Knock List," the resident shall be permitted to post a "No Knock" sign by the front entrance of his/her home to warn the peddlers, solicitors or transient merchants. The "No Knock List" shall be provided by the Borough Clerk to the Police Department for enforcement purposes. It shall be unlawful for any licensed person to approach and/or seek personal contact with the occupants therein if the residence is registered on the "No Knock List" and the resident has posted a "No Knock" sign. Registration on the "No Knock List" shall expire five calendar years following the end of the calendar year of registration, unless renewed by notifying the Borough Clerk accordingly. Anyone violating this subsection shall be subject to the penalties established by § 141-20.
A. 
The licensee or licensee's agent shall not conduct his/her business within 50 feet of any Borough-owned property, other than a public park.
B. 
The licensee or licensee's agent shall not conduct his/her business within 200 feet of any other retailer located in the Borough that is engaged in selling the same product(s) as the licensee.
C. 
The licensee or licensee's agent shall not conduct his/her business within 100 feet of any church or church property on Sunday prior to 1:30 p.m.
D. 
The peddler or peddler's agent shall limit the time he/she remains stationary to 20 minutes and must move a minimum distance of 50 feet at each time interval.
No person, except as in this chapter is provided, shall canvass, solicit, distribute circulars or other matter, or call from house to house in the Borough to sell goods by sample or taking orders for future delivery, with or without accepting advance payment for the goods, without first having reported to and received a written permit from the Chief of Police or the officer in charge of police headquarters.
Any person desiring a permit to canvass, solicit, or distribute circulars or other matter in the Borough shall file an application with the Chief of Police or, in his/her absence, the officer in charge at police headquarters, stating the name of the applicant, his/her permanent home address, the name and address of the company or organization being represented, the place or places of residence of the applicant for the preceding three years, the length of time for which the permit is desired, the nature of the merchandise and/or services to be sold or offered for sale, the number of arrests or convictions for misdemeanors or crimes, and the nature of the offenses for which the applicant has been arrested or convicted, which application shall be accompanied by a letter from the individual, partnership, corporation or organization for which he/she purports to work, authorizing the applicant to act as a representative.
After due investigation, upon being satisfied that the applicant is of good moral character and that he/she is canvassing, soliciting, or distributing circulars or other matter for a project free from fraud, the Chief of Police or, in his/her absence, the officer in charge at police headquarters shall have power to grant a permit to canvass, solicit, or distribute circulars or other matter upon the payment of the sum of $10 by the applicant, which permit shall specify the number of hours or days the permit will be effective; provided, however, that no canvassing, soliciting, or distributing of circulars or other matter shall be done except between the hours of 8:00 a.m. and 6:00 p.m. Eastern standard time or 8:00 a.m. and 8:00 p.m. Eastern daylight saving time on each weekday and Saturday, and 12:00 noon and 6:00 p.m. Eastern standard time or 12:00 noon and 8:00 p.m. Eastern daylight saving time on Sunday, and provided that each applicant shall be fingerprinted and photographed before a permit shall be issued and a copy of the photograph attached to said permit. The permittee shall carry said permit and exhibit same to any police officer or other person upon request. In addition, the permittee is required to report daily to the Chief of Police or, in his/her absence, the officer in charge at police headquarters, prior to canvassing, soliciting, or distributing circulars or other matter or calling from house to house in the Borough. A button shall be issued for prominent display on the person of the permittee. A fee of $10 shall be required as a deposit for said button, which is refundable upon return of the button on the day of surrender of said permit.
The permittee shall be courteous and respectful to all persons in canvassing, shall not importune or annoy any of the inhabitants of the Borough, and shall conduct himself or herself in a lawful manner.
Any permit granted as herein provided may, in the discretion of the Chief of Police or, in his/her absence, the officer in charge at police headquarters, be revoked as the result of further investigation with regard to the character of the applicant or for the failure on the part of the permittee to observe the provisions of this chapter.
A permit shall not be issued for a period of more than 30 calendar days. Upon the expiration of the permit, the holder thereof shall surrender same to the officer in charge at police headquarters or may apply for the renewal of same upon payment of said fee.
[Amended 2-8-2011 by Ord. No. 11-03R; 6-17-2014 by Ord. No. 14-05R]
This chapter shall not apply to any person or entity 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 ordering or entitled to receive them, and persons canvassing for charitable, religious, cultural, civic, educational, and political purposes, those engaged in interstate commerce, and those otherwise exempted by law. This chapter shall not apply to any person or entity engaged by the Borough or any agency thereof, including but not limited to the Board of Recreation Commissioners. Notwithstanding anything in this section to the contrary, §§ 141-10 and 141-11 shall apply to all such persons referenced in this section except for events conducted by the Borough and/or any of its agencies within the Borough, which events may go until 11:00 p.m. or unless specifically requested by the persons residing or occupying the premises in question and approved by its Police Department. Notwithstanding anything to the contrary in this section, any food hawker shall still be obligated to be licensed as required by this chapter.
[Amended 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R; 2-8-2011 by Ord. No. 11-03R]
A. 
Any person who shall violate any provision of this chapter, except as set forth in Subsection B herein, shall, upon conviction thereof, be subject to the penalty provisions of § 1-2, General penalty, or by having a license or permit issued hereunder immediately revoked thereby necessitating the cessation of any peddling or soliciting, or any combination of the foregoing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Any person who shall violate the provisions of § 141-11 or § 141-19 as it applies to § 141-11 shall, upon conviction thereof, be punished by a fine not exceeding $100 for the first offense in any single calendar year and a fine not exceeding $250 for the second offense in the same calendar year. In the event a person violates such provisions more than two times in the same calendar year, the provisions of Subsection A above shall apply.
[Added 11-11-2003 by Ord. No. 03-20R]
A. 
Garage, yard or other sales conducted on a residential property are permitted only on Fridays, Saturdays and Sundays between the hours of 7:00 a.m. and 7:00 p.m.
B. 
No such sale shall be permitted more than four times on any residential property in any given calendar year. For purposes of this section, a garage or yard sale occurring on a Friday, Saturday and Sunday of the same weekend shall be considered one such sale. Such sales shall not be permitted over more than two consecutive weekends.
C. 
Notwithstanding the provisions of this chapter, no permit shall be required to conduct a garage or yard sale,
D. 
Violations of this section shall be subject to a fine of up to $250.
[Added 6-17-2014 by Ord. No. 14-05R]
The Borough and/or agencies of the Borough, including but not limited to the Board of Recreation Commissioners, are hereby authorized to engage food hawkers to provide food vending services at events conducted by the Borough and/or its agencies which take place in parks or other public locations within the Borough in accordance with the provisions of this section.
A. 
Proposals shall be solicited by the Borough or its agencies from food hawkers to provide food vendor services for specific events.
B. 
Requests for proposals for food vendor services shall be made pursuant to the provisions of the Local Public Contracts Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
C. 
The Borough and/or the applicable agency shall select the food hawker(s) that are deemed qualified and satisfy the terms of this chapter.
D. 
A minimum bid of $35 per day paid to the Borough or the applicable agency is required from any food hawker selected in order to satisfy the minimum requirements of any bid.
E. 
The Borough and/or the applicable agency may provide for exclusivity as it relates to specific food types.
F. 
Any food hawker selected is permitted to sell nonalcoholic beverages in addition to the specific food.
G. 
All food hawkers selected are responsible for obtaining approval from the Board of Health and complying with all laws controlling the sale of food and beverages.
H. 
All products sold, disposed of or offered for sale shall comply with all laws and ordinances of the Borough relating to food and food products.
I. 
Each food hawker selected is obligated to bring his/her/its own equipment and personnel to sell food products.
J. 
No food hawker selected shall misrepresent the character or quality of the merchandise offered for sale.
K. 
Each food hawker selected shall provide a trash receptacle as part of the setup and shall be responsible for keeping the area designated for the hawker's use clean during the event and leave the area prior to its departure in the same condition the area was in at the beginning of the event. Failure to satisfy this provision will bar such hawker for a period of one year from future such events.