[HISTORY: Adopted by the Township Committee of the Township of Pennsauken 9-14-1994 by Ord. No. 94-43. Amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- MOBILE RETAIL FOOD ESTABLISHMENT
- Any movable truck, van, trailer, bicycle or other movable unit, including hand-carried, portable containers in or on which food or beverage is transported, stored or prepared for retail sale or given away at temporary locations.
- NONPROFIT VENDOR
- An organization, person or entity possessing a tax exempt status which shall be evidenced by furnishing to the Township of Pennsauken a tax exempt number provided by the State of New Jersey and/or the Government of the United States.
- A person, commonly referred to as a "peddler" or "hawker" or "itinerant merchant" who goes from place to place or house to house by traveling on the streets and carries with him or her goods, wares, merchandise or other things of value for the purpose of selling and delivering them to consumers.
- A person who goes from house to house selling or buying goods, wares, merchandise or other things of value by sample or by taking orders for future delivery or selling a service, with or without accepting an advance payment for the goods, wares, merchandise, other things of value or service.
- TRANSIENT MERCHANT
- A person who, whether a resident of the Township or not, engages in a temporary business within the Township of selling and delivering goods, wares, merchandise or services within the Township and who in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar or boat, public room in hotels, lodging houses, apartments or shops, parking lot, sidewalk, street, alley or other place within the Township, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction.
The purpose of this chapter is to prevent dishonest business practices, to provide for traffic and pedestrian safety by regulating the use of the streets and property adjacent thereto by itinerant or transient merchants, to prevent extended parking or trespassing on private or public property, to prevent violations of the Township Zoning Ordinance and in the case of mobile food vendors, to prevent violations of the State Sanitary Code, to protect traffic and pedestrian safety and prevent violations of the Motor Vehicle Code and to generally provide for the safety of the residents of this community in the best interest of its welfare.
This chapter shall not apply to:
Any person conducting a sale pursuant to statute or court order.
Any person soliciting a vote or support for any political candidate, program or public issue.
[Amended 12-14-1994 by Ord. No. 94-49]
Any person engaged in delivering goods, wares, merchandise or other articles or things in the regular course of business to the premises of a person ordering or entitled to receive the same.
Any person delivering or soliciting newspapers.
The provisions of § 233-6 shall not apply to any person honorably discharged from the military, naval or marine forces of the United States possessing a license for one of the activities defined in § 233-1, issued in conformity with N.J.S.A. 45:24-10 and any amendments thereto, except that such person shall present such license to the Township Clerk. All other provisions of this chapter shall be applicable.
The provisions of § 233-6 shall not apply to any person who is an exempt member of a volunteer fire department possessing a license for one of the activities as defined in § 233-1, issued in conformity with N.J.S.A. 45:24-9b and the amendments thereto, except that such person shall present his/her license to the Township Clerk. All other provisions of this chapter shall be applicable.
A transient merchant shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting such transient business in connection with, as part of or in the name of any local dealer, trader, merchant or auctioneer.
It shall be unlawful for any transient merchant, itinerant vendor, itinerant merchant, peddler, hawker or solicitor to sell, buy, dispose of or offer to sell or dispose of any goods, wares, merchandise or other things of value or services in or on any portion of a public right-of-way. This prohibition does not apply to vehicles that are properly licensed, registered and insured in accordance with the New Jersey Division of Motor Vehicle regulations and/or defined in this chapter as mobile retail food establishments.
[Amended 12-14-1994 by Ord. No. 94-49]
It shall be unlawful for any mobile retail food establishment, transient merchant, itinerant vendor, itinerant merchant, peddler, hawker or solicitor to sell, buy, dispose of or offer to sell or dispose of any goods, wares, merchandise or other things of value or services or to solicit contributions, gifts, pledges or subscriptions of money or goods without first obtaining a license therefor.
Any nonprofit organization may acquire a single license for the sole purpose of conducting door-to-door solicitation of the organization upon submission of a list of all dates for such solicitation and the names and addresses of all solicitors and upon compliance with all other terms of this chapter.
Any nonprofit vendor may acquire a single license for the sole purpose of conducting canister drives at commercial establishments upon submission of a list of all dates and locations for such solicitation and the names and addresses of all solicitors and upon compliance with all other terms of this chapter. Such solicitation is limited to two persons per ingress and/or egress doorway and shall not involve any structures, displays or furniture.
Applicants for a license under this chapter shall file a written, sworn application signed by the individual if an individual, by all partners if a partnership, by the president if a corporation and by the highest two officers if an association, society or other form of organization with the Township Clerk, showing:
The name or names of the person or persons having the management or supervision of the applicant's business during the time that it is proposed that it will be carried on in the Township; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which the person or persons will act (that is, whether as proprietor, agent or otherwise); the name and address of the person, firm or corporation for whose account the business will be carried on, if any, and if a corporation, under the laws of what state the same is incorporated.
The place or places in the Township where it is proposed to carry on the applicant's business and the length of time during which it is proposed that the business shall be conducted. In furtherance hereof, the applicant shall be required to submit a sketch depicting the exact location on the property wherein the activities will be conducted and the distance from said location to the right-of-way line. In the event that during the life of the license the applicant desires to amend the location on the property wherein the activities will be conducted, the applicant shall be required to submit an amended sketch depicting the new location and obtain approval thereof, with all distances from said location to the right-of-way line.
The place or places, other than the permanent place of business of the applicant, where the applicant, within the six months preceding the date of the application, conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted.
A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by the applicant in the Township; the invoice and quality of such goods, wares and merchandise; whether the same are proposed to be sold from stock in possession or from stock in possession and by sample, at auction, by direct sale or by direct sale and by taking orders for future delivery; where the goods or property proposed to be sold are manufactured or produced; and where such goods or products are located at the time the application is filed.
A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and, if required by the Township Clerk, copies of all such advertising, whether handbills, circulars, newspaper advertising or otherwise, shall be attached to the application as exhibits thereto.
Whether or not the person or persons having the management or supervision of the applicant's business have been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense and the punishment assessed therefor.
Credentials from the person, firm or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative.
Such other reasonable information as to the identity or character of the person or persons having the management or supervision of the applicant's business or the method or plan of doing such business as the Chief of Police may deem proper to fulfill the purpose of this chapter in the protection of the public good.
All such applications shall be filed at least 30 days before the scheduled date of the activity for which an application is sought.
The Township Clerk shall forward the application to the following departments:
The police shall make such investigation of such person and such person's business responsibility and character deemed necessary to the protection of the public good. Further, the police shall examine such place or places to determine whether such place or places are likely to create traffic congestion or traffic hazards as a result of the location thereof or as a result of pedestrians or operators of motor vehicles utilizing such place or places.
As to any applicant for a license under this chapter, the Police Department of the Township of Pennsauken shall, upon the initial application, conduct a full state background investigation. The appropriate police official shall report the results of such investigation to the Township Committee as soon as possible. With respect to subsequent renewals of the license, the Police Department shall conduct an investigation by name only for the purpose of the annual renewal of said application.
[Added 8-13-2008 by Ord. No. 08-24]
The Health Officer shall make such investigation of the application to determine whether any applicable state statutes, regulations or municipal ordinances or regulations pertain to the operation and determine compliance of said operation with such statutes, regulations and/or ordinances.
The Administrative Officer, Planning and Zoning, shall examine such application to determine compliance with any applicable provision of Chapter 141, Development Regulations, of the Code of the Township of Pennsauken, as well as compliance with applicable provisions of this Code.
The Bureau of Fire Prevention shall examine such application to determine compliance with all applicable statutes, codes and regulations pertaining to fire safety.
No license shall be issued to any transient merchant, nonprofit vendor or mobile retail food establishment on private property, where the location of any activity or activities forming a part of the applicant's business shall be closer than 25 feet to the curbline of any street in the Township of Pennsauken.
If, as a result of such investigation, the applicant's character and business responsibility are found to be satisfactory or if it is determined that such place or places do not create a traffic safety hazard, the Chief of Police shall so certify in writing to the Township Clerk. Further, as a result of such investigation, the Health Officer shall determine that the activity is not regulated by any applicable state statute, regulation or local ordinance regulating health matters or if so regulated, that the activity complies with all applicable statutes, regulations or ordinances, he or she shall so certify in writing to the Township Clerk. Finally, if, as a result of such investigation, the Administrative Officer, Planning and Zoning, shall determine that the proposed activity complies with all applicable provisions of Chapter 141, Development Regulations, and § 233-10B of this chapter, said Administrative Officer shall so certify, in writing, to the Township Clerk. The Township Clerk upon receipt of all such written certifications shall then issue a license. The Township Clerk shall keep a full record in his/her office of all licenses issued. Such records shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee, the expiration date of such license, the place where said business may be carried on under said license and the name or names of the person or persons authorized to carry on the same.
Any license issued herein for door-to-door solicitation shall prohibit such activity before the hour of 9:00 a.m. and after 9:00 p.m.
Licensees under this chapter shall pay a fee of $50 at the time of application for each license issued. Nonprofit vendors, as defined in this chapter, shall be exempt from the above fee requirement. License period is defined in § 233-11.
The license issued under this chapter shall be posted conspicuously in the place of business named therein. In the event that such person or persons applying for the license desire to do business in more than one place within the Township, separate licenses may be issued for each place of business. Every person who is required to hold a license under this chapter shall carry the same when engaged in the business for which the license is issued. In addition, each licensee shall be required to have on his or her person a full and complete copy of the application for the license. Any alterations, erasures or mutilations shall void the license.
[Amended 7-26-2006 by Ord. No. 06-21]
Other than a license issued to a nonprofit organization for the purpose of conducting door-to-door solicitation and pursuant to the provision of § 233-6 hereof, all licenses issued under the provisions of this chapter to a nonprofit vendor or solicitor shall be valid only for a three-month period as follows. Each additional three-month period shall be the subject of a separate license:
Licenses issued under the provisions of this chapter to a transient merchant may be issued only for a three-month period commencing October 1 and concluding December 31 of each and every calendar year.
Nothing contained herein shall affect the provisions of this chapter as it relates to nonprofit organizations, nonprofit vendors or persons honorably discharged from the Armed Forces of the United States and holding a license issued by the State of New Jersey pursuant to N.J.S.A. 45:24-10 or to an exempt member volunteer fire department possessing a license in accordance with N.J.S.A. 45:24-9(b).
The licenses issued pursuant to this chapter may be revoked by the Township Clerk or her designee for any of the following causes:
Any fraud, misrepresentation or false statements contained in the application for license.
Any fraud, misrepresentation or false statements made in connection with the selling of goods, wares or merchandise.
Any violation of this chapter.
Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
Conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
An appeal from any such revocation may be made to the Township Administrator within 10 days of the date of the revocation who shall forthwith schedule a hearing on the appeal. The Township Administrator shall render a decision within two days after completion of the hearing. Thereafter, any aggrieved party may appeal the decision of the Township Administrator to the Township Committee by filing a notice of appeal with the Township Clerk within seven days of the date of appeal. The Township Committee shall hear such appeal and render its decision within 45 days.
The Township Clerk shall deposit the license number with the Chief of Police. The Chief of Police shall report to the Township Clerk any complaints against any person licensed under the provision of this chapter. The Township Clerk shall keep a record of all such licenses and of such complaints and violations.
Any person violating any of the provisions of this chapter shall, upon conviction, be subject to one or more of the following: a fine not exceeding $1,250 or imprisonment in the county jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, in the discretion of the Municipal Court Judge.
Each violation of this chapter shall constitute a separate and distinct offense, thereby subjecting the violator to a separate penalty for each such violation. Each and every day that any violation continues shall be considered a separate and specific violation of this chapter and not as a continuing offense.