It shall be unlawful for any peddler, hawker,
vendor, seasonal sales vendor, canvasser or solicitor, as hereinafter
defined, to engage in such activity within the Borough of Paulsboro
without first obtaining a license required by and in accordance with
the provisions of this chapter.
When used in this chapter, the following terms
shall have the following meanings:
GOODS
Shall include any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
[Added 1-18-2011 by Ord. No. 02.11]
MERCHANDISE (PEDDLER, HAWKER, VENDOR, SOLICITOR or CANVASSER)
Includes all goods, wares, foods, fruits, vegetables, farm
products, books, magazines, periodicals, arts, crafts and all kinds
of articles of personal property for domestic use.
MERCHANDISE (SEASONAL SALES)
Only includes Christmas trees, Christmas wreaths, Christmas
grave blankets, Christmas arts and crafts, Easter flowers, Easter
baskets, Mother's Day flowers, Mother's Day baskets, Valentine's Day
flowers and other articles of arts and crafts related to the seasonal
sales activity.
NONPROFIT ORGANIZATION
Any nonprofit religious, charitable, educational, civic or
veterans organization, society, association, service club or volunteer
first aid organization or fire company which is located within and
services the Borough of Paulsboro and sells goods, merchandise or
services at a specific location either owned by the nonprofit organization
or at a location not owned by the nonprofit organization, having the
written consent of the owners of the property to conduct seasonal
sales activities with the Borough of Paulsboro.
ONE-DAY PEDDLER, HAWKER, VENDOR, SOLICITOR OR CANVASSER LICENSE
A license issued for a single day to cover municipally sponsored
or authorized concerts, parades, or holiday celebrations. Borough
Council may authorize by resolution such license to cover a series
of related events or to exclude events.
[Added 11-4-2009 by Ord. No. 04.09]
PEDDLER, HAWKER and VENDOR
Includes any person, whether a resident of the Borough of
Paulsboro or not, traveling either by foot, vehicle or any other type
of conveyance, who goes from house to house, from place to place or
from street to street, conveying or transporting goods, wares or merchandise
and offering or exposing the same for sale or making sales and delivering
articles to purchasers.
PERSON
Includes any partnership, partner, corporation or corporations or persons, except as defined in §
47-12 hereinafter.
SEASONAL SALES VENDOR
A person who sells goods and/or merchandise for a specified,
limited purpose and period of time at a fixed location owned by and/or
leased by the applicant.
SOLICITOR or CANVASSER
Includes any person, whether a resident of the Borough of
Paulsboro or not, who goes from house to house, from place to place
or from street to street, soliciting or taking or attempting to take
orders for the sale of services to be performed in the future, whether
or not such individual has, carries or exposes for sale a sample of
the subject for such order and whether or not he is collecting advance
payments on such orders.
SEASONAL SALES TIME PERIOD
A specific time period to sell goods and/or merchandise as
follows:
A.
Christmas: a time period not to exceed 30 days,
including Christmas Day and the 29 days immediately preceding Christmas
Day.
B.
Easter: a time period not to exceed five days
including Easter, and the four days immediately preceding Easter.
C.
Mother's Day: a time period not to exceed five
days, including Mother's Day, and the four days immediately preceding
Mother's Day.
D.
Valentine's Day: a time period not to exceed
five days, including Valentine's Day, and the four days immediately
preceding Valentine's Day.
YARD SALE
Shall include all sales entitled "garage sale," "lawn sale,"
"attic sale," "rummage sale," "craft sale," "yard sale" or "flea market
sale" or any similar casual sale of tangible personal property which
is advertised by any means whereby the public at large is or can be
made aware of such sale.
[Added 1-18-2011 by Ord. No. 02.11]
A separate license must be obtained by each
person acting as a peddler, hawker, vendor, solicitor or canvasser.
Licenses issued must be worn by each such person in such a manner
as to be readily visible to the public when engaged in the activities
regulated herein.
No peddler, hawker, canvasser, solicitor or
vendor shall sell or offer for sale to the general public any goods
or merchandise, beverages or food products from a fixed location within
50 feet from or on public or quasipublic streets and sidewalks within
the Borough of Paulsboro. In addition, the sale of merchandise by
a peddler, hawker, canvasser, solicitor or vendor from a fixed or
stationary location is prohibited with the exception of seasonal sales
vendors licensed under this chapter.
Any person aggrieved by the action of the Chief of Police or the Borough Clerk in the denial of an application for a permit or license as provided in this chapter or in the decision with reference to the revocation of a license as provided in §
47-9 of this chapter shall have the right of appeal to the Borough Council of the Borough of Paulsboro. Such appeal shall be taken by filing with the Borough Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement fully setting forth the grounds for the appeal. The Borough Council shall set a time and place for hearing such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in §
47-9C of this chapter for notice of hearing on revocation. The decision and order of the Borough Council on such appeal shall be final and conclusive.
This chapter shall not be construed to include, regulate, prohibit
or require the licensure of any of the following:
A. Persons selling requested items:
(1) The selling of any article at wholesale to retail
dealers of such articles or the delivery of milk, eggs, bread, newspapers
or other such necessary and perishable articles of food or merchandise
of a type commonly delivered on a house-to-house basis at intervals
of less than one week.
(2) Persons or entities invited or requested by the resident
of a home or agent of a commercial enterprise for purposes relating
to the sale of merchandise or insurance or the provision of services,
it being the intent of this chapter that it apply only to attempted
sales which were originally unsolicited by said resident or agent.
B. Any veteran who holds a license identifying him or
her as such, issued under the laws of the State of New Jersey, shall
be exempt from securing a license or paying the fee as provided herein
but shall be required to comply with all other applicable sections
of this chapter and shall be required to register with the Borough
Clerk and obtain a permit, which will be issued by the Clerk upon
proper identification and exhibition of such state license.
C. Certain organizations:
(1) Any nonprofit organization, including but not limited to a religious, charitable, educational, civic or veterans organization, society, association or service club or volunteer first-aid or fire company, located within the borders of the Borough of Paulsboro, desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization, at any place or places within the Borough of Paulsboro, for a charitable, religious, patriotic or philanthropic purpose. Such nonprofit organization shall be exempt from the provisions of §§
47-3 and
47-4 of this chapter, provided that there is filed with the Borough Clerk a sworn application in writing, which shall give the following information:
(a)
Name and purpose of the cause for which the
permit is sought.
(b)
Name and address of organization.
(c)
Period during which solicitation is to be performed.
(d)
Name and address of each agent or representative
who will conduct solicitations and the length of time that said agent
or representative has been employed or affiliated with such organization,
society, association or corporation.
(2) Upon being satisfied that such person, organization,
society, association, etc. is a bona fide nonprofit religious, charitable,
educational, patriotic or philanthropic organization and that the
agents or representatives who shall conduct the solicitations are
of good moral character and reputation, the Borough Clerk shall issue
a permit without charge to such organization, association or corporation
to solicit in the borough. Such organization, association, society,
corporation, etc., shall furnish to all its members, agents or representatives
conducting solicitation credentials in writing, stating the name of
the organization, name of the agent, the duration and purpose of solicitation.
D. The seasonal sales of agricultural products or dairy products sold on the premises of the grower or cultivator shall be exempted, provided that such agricultural products or dairy products are grown or cultivated on the land from which the sales are made. Any structure or stand used in such on-site sales shall be temporary in nature and shall comply with all applicable construction and sewage requirements as contained in §
47-3B. This exception shall only apply to and shall be restricted to agricultural or dairy products grown or cultivated on site and shall not allow such growers or cultivators to sell products not brought to maturity on site.
E. On Paulsboro
Day only, peddlers, hawkers, vendors, solicitors, or canvassers who
have entered a written registration agreement with the Paulsboro Day
Committee.
[Added 11-4-2009 by Ord. No. 04.09]