City of Woodbury, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Woodbury 10-19-1976 by Ord. No. 1294-76 as Ch. 122 of 1976 Code; amended in its entirety 5-24-1994 by Ord. No. 1740-94. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Mercantile licenses — See Ch. 125.
Noise — See Ch. 128.
Parks and recreation areas — See Ch. 136.
Sales — See Ch. 156.
Obstructing streets or sidewalks — See Ch. 167, Art. II.
Zoning — See Ch. 202.
[Amended 11-28-2005 by Ord. No. 2015-05]
The title of this chapter shall be "Peddling and Soliciting."
The purpose of this chapter is to establish regulations relative to seasonal sales of goods and merchandise during specific seasonal time periods, defined as Christmas, Easter and Mother's Day, and to prohibit seasonal sales in all residential zoned classifications as set forth in Ch. 202, Zoning, of the Code of the City of Woodbury.
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section.
EXTENDED SEASONAL SALES PERIOD
A period of time not to exceed six months in any calendar year.
EXTENDED SEASONAL SALES VENDOR
A person who sells ice cream or dairy related products.
MERCHANDISE, PEDDLER, HAWKER, VENDOR, SOLICITOR OR CANVASSER
All goods, wares, foods, fruits, vegetables, farm products, books, magazines, periodicals, arts, crafts and all kinds of articles or personal property for domestic use.
MERCHANDISE, SEASONAL SALES
Includes only Christmas trees, Christmas wreaths, Christmas grave blankets, Christmas arts and crafts, Easter flowers, Easter baskets, Mother's Day flowers, Mother's Day baskets and other articles of arts and crafts related to the seasonal sales activity.
NON-PROFIT-MAKING VENDOR
A person who sells goods, the proceeds of which are devoted exclusively to the purposes of a philanthropic, charitable or religious society on whose behalf he or she acts as an agent without pay.
NONPROFIT SEASONAL SALES VENDOR
Any nonprofit religious, charitable, educational, civic or veteran organization, society, association, service club, volunteer first aid organization or fire company which is located within and services the City or is recognized as such by the Internal Revenue Service and sells goods and merchandise 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 within the City of Woodbury.
PEDDLER, HAWKER OR VENDOR
Any person, whether a resident of the City 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.
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 29 days preceding Christmas Day.
B. 
Easter: A time period not to exceed five days, including Easter and the four days preceding Easter.
C. 
Mother's Day: A time period not to exceed five days, including Mother's Day and the four days preceding Mother's Day.
SEASONAL SALES VENDOR
A person who sells goods and/or merchandise for a specified, limited purpose and period of time at a location owned by and/or leased by the applicant.
SOLICITOR or CANVASSER
Any person, whether a resident of the City 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, goods, wares or merchandise, including magazines or personal property of any nature whatsoever, for future delivery or for service 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 or she is collecting advance payments on such orders.
[Added 11-28-2005 by Ord. No. 2015-05]
It shall be unlawful for any hawker, peddler, vendor of any type, solicitor or canvasser to sell or dispose of any goods, wares or merchandise within the City without first obtaining a license and having paid the license fee prescribed in § 141-12.
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 utilizing public or quasi-public streets and sidewalks within the City of Woodbury except as otherwise permitted under this chapter.
A. 
Applicants for a license under this chapter shall file with the Clerk/Administrator of the City a sworn application to be made in writing on a form furnished by the Clerk/Administrator which shall provide the following:
(1) 
Name, address and telephone number of the organization (profit or nonprofit) and or business applying for a license under the provisions of this section.
(2) 
Name, address, telephone number and description of those individuals to be employed by and engaged in peddling, hawking, soliciting or canvassing.
(3) 
The place or places or residence of the organization (profit or nonprofit) and/or business applying for a license, as well as those individuals engaged by the organization and/or business in conducting peddling, hawking, vending, soliciting and canvassing activities.
(4) 
Social security numbers and driver's license numbers of individuals or the organization (profit or nonprofit) and/or business, engaged in the activities or peddling, hawking, vending, soliciting and canvassing.
(5) 
Social security numbers and driver's license numbers of those individuals engaged in peddling, hawking, vending, soliciting and canvassing for the organization (profit or nonprofit) and/or business applying for a license to conduct said activities.
(6) 
A brief description of the nature of the business, the goods to be sold and the name and address of the principal office of their manufacturer as well as the name and address of the agent designated to receive service of process in the State of New Jersey of said organization (profit or nonprofit) and/or business applying for a license under this chapter.
(7) 
The length of time for which the right to do business is desired by the organization (profit or nonprofit) and/or business applying for the license.
(8) 
A photograph of the individuals employed by the organization (profit or nonprofit) and/or the business applying for a license, taken within 60 days immediately prior to the filing of the application.
(9) 
The individuals employed by the organization (profit or nonprofit) and/or the business applying for a license, taken within 60 days immediately prior to the filing of the application.
(10) 
A statement as to whether or not the individuals employed by the organization (profit or nonprofit) and/or business applying for a license indicating whether or not those individuals have been convicted of any crime, disorderly persons offense or violation of any municipal ordinance, as well as describing the nature of the events and the punishment or penalty assessed therefore.
(11) 
Whether or not orders are to be solicited or taken for future delivery of goods or performance of services by the organization (profit or nonprofit) and/or business applying for a license.
B. 
The applicant being the organization (profit or nonprofit) and/or business applying for a license shall list previous licenses issued by the City of Woodbury as well as other municipalities wherein licenses have been applied for and issued by those municipalities.
C. 
The time of soliciting, peddling, hawking, vending and canvassing shall be between the hours of 9:00 a.m. and 9:00 p.m.
A. 
The requirements of this chapter shall not be applicable to the following persons, who are expressly exempt from its application:
(1) 
Any person honorably discharged from the military, naval or marine forces of the United States pursuant to N.J.S.A. 45:24-9 and supplements and amendments thereto.
(2) 
Any person who conducts a judicial sale under authority of the laws of this state or of the United States.
(3) 
Any person who is an exempt member of the Volunteer Fire Department as defined in N.J.S.A. 45:24-9 to 45:24-12, inclusive, and supplements and amendments thereto.
(4) 
Any nonprofit religious, charitable, educational, civic or veterans' organization, society, association, service club, volunteer first aid organization or fire company, upon the filing and approval of an application provided by the City Clerk/Administrator.
(5) 
Persons who have complied strictly with N.J.S.A. 45:24-1 to 45:24-8, inclusive, and supplements and amendments thereto, except that the licensing official shall be the City Clerk/Administrator, and the license fee shall be the same as set forth in § 141-12.
B. 
Exemptions enumerated in Subsections A(2) and (3) of this section shall apply only to the individual possessing the qualifications therein expressed and not to any person acting for the person so exempt.
A. 
Applicants for a license under this chapter shall file a sworn application with the Clerk/Administrator on a form to be provided.
B. 
Complete applications for seasonal sales license must be submitted to the Clerk/Administrator and Zoning Officer of the City 30 days prior to the actual specified time period for conducting a seasonal sales activity. An application determined to be incomplete upon review by the Clerk/Administrator and Zoning Officer shall be returned to the applicant. In addition, the following information shall be required:
(1) 
Name, address and telephone number of the organization (profit or nonprofit) and or business applying for a license under the provisions of this section.
(2) 
Name, address, telephone number and description of those individuals to be employed by and engaged in a seasonal sales activity.
(3) 
The block and lot location of the property to be utilized in conducting a seasonal sales activity.
(4) 
Social security numbers and driver's license numbers of individuals of the organization (profit or nonprofit) and/or business engaged in the seasonal sales.
(5) 
Social security numbers and driver's license numbers of individuals engaged in seasonal sales for the organization (profit or nonprofit) and/or business applying for a license to conduct said activities.
(6) 
The length of time for which the right to do business is desired by the organization (profit or nonprofit) and/or business applying for the license as per § 141-3 of this chapter, which defines said seasonal sales period.
(7) 
A photograph of the individuals employed by the organization (profit or nonprofit) and/or the business applying for a license, taken within 60 days immediately prior to the filing of the application.
(8) 
Fingerprints of the individuals employed by the organization (profit or nonprofit) and/or business applying for a license, at the request of the Chief of Police.
(9) 
A statement as to whether or not the individuals employed by the organization (profit or nonprofit) and/or business applying for a license have been convicted of any crime, disorderly persons offense or violation of any municipal ordinance, as well as describing the nature of the events and the punishment or penalty assessed therefore.
(10) 
A property survey of the lot(s) to be prepared by a New Jersey licensed professional engineer or surveyor. A hand-drawn sketch plat may be substituted in lieu of a survey plat as determined by the City Zoning Official. The purpose of the survey plat and or sketch plat is to determine if the proposed use of the property location is sufficient for the intended purpose of conducting seasonal sales. The following information must be set forth on the survey and/or sketch plat submitted:
(a) 
Location of and quantities of merchandise to be stored and displayed on the lot(s).
(b) 
Location of on-site parking, as well as off-site parking associated with the site location.
(c) 
Location of curb cut access to indicate proper ingress and egress to the site to evaluate and prevent traffic hazards, congestion or excessive interference with normal traffic movements on adjacent public streets.
(d) 
Location of temporary signs in accordance with regulations set forth in Chapter 202, Zoning, of the Code of the City of Woodbury.
(11) 
A certification from the City Tax Collector that all taxes have been paid and are current on the property.
C. 
The applicant being the organization (profit or nonprofit) and/or business applying for a license shall list previous licenses issued by the City of Woodbury as well as other municipalities wherein licenses have been applied for an issued by those municipalities.
D. 
The time of seasonal sales shall be between the hours of 9:00 a.m. and 9:00 p.m.
E. 
The applicant shall submit with his or her application a statement as to how the site shall be maintained during the designated time period, as well as a statement indicating how trash, refuse and other materials will be disposed of other than through normal solid waste collection services provided by the City of Woodbury. All debris, materials, trash, etc., must be removed from the site within 48 hours following the expiration of the seasonal license issued by the City of Woodbury.
A. 
No temporary signs advertising the seasonal sales activity shall be placed on any tree, telegraph, electric light or public utility pole or upon rocks or other natural features located within the public right-of-way. All temporary signs shall be located on the site.
B. 
No more than four temporary signs shall be erected. Temporary signs shall not exceed six square feet in area nor exceed four feet in height.
C. 
Temporary signs may not be erected prior to 48 hours of the designated seasonal sales activity and must be removed within 48 hours after the time period started and licensed for conducting a seasonal sales activity.
D. 
No sign shall be erected that is of such character, form, shape or color that it imitates or resembles any official traffic sign, signal or device, or that has any characteristics which are likely to confuse or dangerously distract the attention of the operator of a motor vehicle on a public street.
E. 
Temporary signs shall be kept in a proper state of repair, in accordance with the requirements of the City's building code, property maintenance code and other pertinent regulations. Signs which fall into such a state of disrepair as to become unsightly or to pose a threat to public safety may be removed by the City at the owner's expense upon proper notification by the City.
F. 
No temporary sign shall be erected within or project over the right-of-way of any public street or sidewalk. No temporary signs placed on the site shall be located in such a fashion which would affect the site visibility of the monitoring public as determined by the Chief of Police or his or her designee.
A. 
Upon receipt of such application, the original shall be referred to the Chief of Police, who shall cause to be made such investigation of the applicant's business and moral character as he or she deems necessary for the protection of the public welfare.
B. 
If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his or her disapproval and his or her reason for the same and return the application to the City Clerk/Administrator, who shall notify the applicant that his or her application is disapproved.
C. 
If as a result of such investigation the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse his or her approval on the application and return the application to the City Clerk/Administrator, who shall, upon the payment of the prescribed license fee, execute and deliver to the applicant his or her license and also complaints received, if any, concerning each license.
A. 
Failure to comply with application procedures and requirements as set forth in this chapter shall constitute a basis for denial of a license.
B. 
Revocation and/or denial or a license for good cause by any municipality shall constitute a basis for denial of a license.
C. 
Violation of any provisions contained in the § 141-15.
D. 
Disapproval by the Chief of Police pursuant to § 141-10 of the Code of the City of Woodbury after his or her review as to matters relating to the health, safety and welfare of the City of Woodbury.
A. 
The fee for the issuance of a license hereunder shall be as follows:
(1) 
Peddlers, hawkers, vendors, solicitors and canvassers license: $50 for daily license, $100 for weekly license.
(2) 
Seasonal sales vendors license: $200.
(3) 
Extended seasonal sales vendors license: $300.
B. 
No license fee shall be required from any charitable or religious nonprofit organization which services the City of Woodbury and which are exempt from the payment of taxes under the regulations of the Internal Revenue Service.
C. 
Any nonprofit organization must demonstrate that they have been a nonprofit organization for a period of at least two continuous years as a condition of being exempt from payment of registration and licensing fees.
A. 
All licenses issued under this section of this chapter shall expire at the end of the calendar year in which they are issued. Licenses shall not be transferable and must be surrendered after expiration before a renewal license can be issued, subject to Subsection B below.
B. 
A seasonal sales license issued shall be for a period of time as set forth in § 141-3, Definitions, of this chapter. A separate license shall be applied for each seasonal sales activity, as well as applications for registration of those individuals to be employed by an organization (profit or nonprofit) and/or business. Licenses shall not be transferable and must be surrendered after expiration before a new license and/or registration can be issued for each seasonal sales activity. Any activities involving the sales of Merchandise as defined under "Merchandise, Seasonal Sales" in this chapter shall be required to obtain a seasonal sales license notwithstanding the issuance of a vendor's license prior to the adoption of this chapter.
A. 
Every person holding a license under this chapter shall be required to carry the license with him or her or maintain such license upon his or her business premises while engaged in any of the activities of the business licensed by such license. He or she must produce the license at the request of any official of the City.
B. 
A transient merchant, a transient merchant peddler and all new merchants must post license certificates in prominent places on their business premises. There shall be issued to holders of all other classes of licenses issued pursuant to this chapter license buttons which must be affixed on the lapel of the coat or outer garment of the licensee while such licensee is engaged in business activities. A deposit of $1 shall be required for each button issued under the provisions of this section, and such deposit shall be refunded immediately upon request whenever such button shall be surrendered to the Chief of Police or the City Clerk/Administrator.
A. 
Licenses issued under this chapter may be suspended for not more than 14 days by the City Clerk/Administrator and revoked by the Municipal Court Judge after reasonable notice and hearing, for any of the following causes:
(1) 
Misrepresentation or false statement contained in the application for the license.
(2) 
Misrepresentation or false statement made in the course of carrying on activities regulated herein.
(3) 
Conviction of any crime or misdemeanor involving moral turpitude.
(4) 
Conducting the business of soliciting and canvassing in an unlawful manner, in violation of this chapter or in such annoying or objectionable manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of hearing for revocation of a license shall be given in writing, setting forth the grounds of complaint and the time and place of hearing. Such notice shall be served personally upon the licensee or mailed, postage prepaid, to the licensee at addresses given by the licensee in making application herein, at least five days prior to the date set for hearing.
Any person aggrieved by the action of the Chief of Police or the City Clerk/Administrator in the denial of an application for a license shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the City Clerk/Administrator, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The City Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided herein for notice of hearing on revocation. The decision and order of the City Council on such appeal shall be final and conclusive.
It shall be the duty of any police officer of the City of Woodbury to enforce the provisions of this chapter and to require any person seen peddling, hawking, soliciting, canvassing or conducting seasonal sales, and who are not known by such officer to be duly licensed, to produce his or her license as required by this chapter.
A. 
No peddler shall sell or offer for sale to the general public any merchandise, beverage or food product from a fixed location.
B. 
A peddler shall be deemed to sell or offer for sale from a fixed location if such peddler remains at a fixed location for a period of time of 15 minutes or longer, unless extended as provided below.
C. 
Extension of time limit.
(1) 
The fifteen-minute time limitation is extended beyond 15 minutes for such period of time that customers or prospective customers are being serviced by the peddler wherein the customers or prospective customers are:
(a) 
Examining, viewing, handling, testing, pricing, returning, etc., the merchandise.
(b) 
Seeking information from the peddler.
(c) 
Making a purchase or sale.
(d) 
Waiting to be attended by the peddler.
(2) 
The fifteen-minute time limitation is further extended for such time following a sale or purchase that the peddler may need to replace or replenish merchandise; to perform that which is necessary to clean or organize the cart, merchandise, etc.; to secure the proceeds of the sale; to file copies of receipts and other such acts that occur following a sale of merchandise. However, the total time allotted for acts following a sale under this subsection shall not exceed 10 minutes.
D. 
At the expiration of the 15 minutes, plus the extended period as provided above, the peddler must move from such location to a location at least 25 feet away. Such peddler cannot return to within 25 feet of such location for a period of at least one hour. No peddler has the right to any particular location on the public streets and sidewalks.
No peddler shall:
A. 
Engage in the business of peddling unless his or her cart is mounted on at least two wheels, which wheels are of a diameter of not less than eight inches.
B. 
Station, place, set up or maintain his or her cart or allow it to remain on any sidewalk if to do so would place him or her closer than 30 feet to any other peddler who is selling on the sidewalk, if not separated by a public street.
C. 
Station, place, set up or maintain his or her cart on the sidewalk or allow it to remain there except at the curbline for the purpose of selling goods, wares or merchandise therefrom.
D. 
Solicit or conduct business with or sell to persons in motor vehicles.
E. 
Station, place, set up or maintain his or her cart or allow it to remain on any sidewalk in such a way as would substantially restrict, obstruct, interfere with or impede the pedestrian's right-of-way; substantially restrict, obstruct, interfere with or impede the ingress or egress from the abutting property; create or become a nuisance; increase traffic congestion, cause or increase traffic delay or hazards; cause or create or constitute a danger to life, health or property; sell food, drinks, ice cream or confections of any kind for immediate consumption unless he or she has available for public use his or her own litter receptacle which must be attached to his or her cart or vehicle which shall be clearly marked and maintained for his or her patronage use, nor shall any peddler leave any location without first picking up, removing and disposing of any trash or refuse remaining from sales made by him.
F. 
Use any cart which, fully loaded with merchandise, cannot be easily moved and maintained under control by the licensee, his or her employee or attendants.
G. 
Use, set up, attach, place or permit the use of any table, crate, carton, rack, device or structure of any kind to increase the selling or display capacity of his or her cart.
H. 
Leave any cart unattended at any time or store, place or lease the same overnight on any sidewalk or public way of the City.
I. 
Station, place, set up or maintain his or her cart or his or her goods, wares or merchandise or allow them to remain on any part of the sidewalk for sale or display or be sold if to do so would place the seller or his or her goods, wares or merchandise closer than 25 feet from intersecting streets or sidewalks.
J. 
Station, place, set up or maintain his or her cart or allow it to remain on any sidewalk if to do so would reduce the unobstructed pedestrian right-of-way to less than six feet.
K. 
Engage in the business of peddling within 10 feet of any location where the curb has been depressed to facilitate pedestrian or vehicle movement.
L. 
Engage in the business of peddling on any sidewalk or along any street within 10 feet of any fire hydrant, crosswalk or driveway or bus stop.
M. 
Station, place, set up or maintain his or her cart or goods against display windows of fixed location businesses, nor shall they be within 20 feet from an entrance way to any building, store, theater, library, school, museum, movie house, sports arena or other place of public assembly.
N. 
Violate any traffic parking law, ordinance or regulation or operate in such a manner as to restrict the continued maintenance of a clear passageway for vehicles.
O. 
Station, place, set up or maintain his or her cart within 200 feet of the grounds of any school between 1/2 hour prior to the start of the school day and 1/2 hour after dismissal at the end of the school day.
P. 
Station, place, set up or maintain his or her cart within 200 feet of the grounds of any church, synagogue or other house of worship while the same is in session.
Q. 
Use or operate any loudspeaker, public address system, sound amplifier, horn, bell, radio, record player, tape player, compact disc player, musical instrument or any similar device used to attract the attention of the public.
R. 
Stack items to be sold upon any sidewalk or street, all material and/or merchandise must be located solely on one vending unit.
All vending units, whether in motor vehicles or not, in or from which food is prepared or sold, shall comply with the following requirements:
A. 
All equipment installed in any part of the vending unit shall be secured in order to prevent movement during transit and prevent detachment in the event of a collision or overturn.
B. 
All utensils shall be stored in order to prevent their being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives.
C. 
Compressors, auxiliary engines, generators, batteries, battery chargers, gas-fueled water heaters and similar equipment shall be installed so as to be accessible only from the outside of the units.
A. 
Any vending unit operated on the streets or sidewalks of the City of Woodbury must be registered in advance with the City in the following manner:
(1) 
The person using the vending unit shall complete and sign a form made available by the City describing the vending unit.
(2) 
Proof of an insurance policy, issued by an insurance company licensed to do business in the State of New Jersey, protecting the registrant and the City from all claims or damages to property and bodily injury, including death, which may arise from operations under or in connection with the vending or peddling shall be provided. Such insurance shall name as an additional insured the City of Woodbury and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days advance written notice to the City. The amounts of the insurance to be maintained are:
(a) 
Personal injury: $100,000 per person, $300,000 per occurrence.
(b) 
Property damage: $25,000.
B. 
In the event that food should be vended from said vending unit, a certificate of health compliance issued by the City of Woodbury Health Department shall be conspicuously displayed on the vending unit in clear view of the public. No vending unit selling food shall be permitted on the streets or sidewalks of the City of Woodbury without such a certificate of health compliance.
A. 
From time to time charitable festivals and other such nonprofit or civic organized activities are conducted within the commercial district of the City of Woodbury. Whenever the City of Woodbury gives permission for such charitable festivals and/or other such charitable organized activities to occur within the commercial district, the following restrictions shall apply:
(1) 
Charitable organizations and/or nonprofit organizations and their agents, servants and/or employees are permitted to peddle, solicit, canvass and/or sell merchandise during such charitable festival or such other organized charitable activity upon the public sidewalks and other public property within the commercial district of the City of Woodbury.
(2) 
The various shops and stores within the commercial district may display their merchandise on the sidewalk directly in front of their stores or shops and may make sales from such location during the charitable festival or other organized charitable activity.
(3) 
No other peddler, solicitor, canvasser person and/or entity shall be permitted to peddle, solicit, canvass, sell or offer for sale any merchandise during such charitable festival or other organized charitable activity.
B. 
A "charitable festival" or "organized charitable/civic activity" is defined to be one or more nonprofit organizations and/or nonprofit entities conducting an organized endeavor wherein merchandise may be sold, entertainment may be provided, celebration may be conducted, etc., all for the purpose of raising moneys for charitable/civic purposes.
C. 
A "special event" is defined as an event sponsored by an organization who desires to use a portion of the public streets, or other public property, or avail itself of public facilities. Such event must be sponsored by a nonprofit corporation, a nonprofit civic association, a charitable association, a religious association or any other association of persons, where the profits of such association, in connection with the event, are dedicated to a nonprofit charitable association, religious association or well-known benevolent association, or to a governmental organization, such as a police or fire department for acquisition of equipment or for expenses in running programs in the municipality and schools, such as the D.A.R.E. Program. Special events shall include such events as parades, festivals, craft fairs, art shows, car shows, bike/foot race, walk-a-thons, fund-raising events with entertainment and similar events during which vendors in addition to existing shops and stores within the commercial district will make sales of merchandise or food.
[Added 8-26-2014 by Ord. No. 2211-14]
D. 
Requirements for organization seeking to sponsor special events. Any organization set forth in the above definition may sponsor a special event and shall comply with the following requirements:
[Added 8-26-2014 by Ord. No. 2211-14]
(1) 
A special event application must be completed and filed with the City Administrator.
(2) 
If food is to be prepared and sold at the special event, the sponsor organization is required to inform each food vendor that he/she must register with the City of Woodbury and pay a fee of $25 as codified in § 217-2 of the Code of the City of Woodbury. If the vendor is a business located in the City of Woodbury and has already paid his/her annual vendor fee, then said business is exempt from having to pay the fee to participate in the special event.
(3) 
If the food vendor is using propane or other fuel for cooking, then the vendor must obtain from the Woodbury Fire Department Bureau of Fire Prevention a Type IV Fire Safety Permit pursuant to N.J.A.C. 5:70-2.7(a) and pay the prescribed fee.
(4) 
In lieu of each vendor being charged a merchandise fee, as defined in § 141-12 of the Code of the City of Woodbury, the sponsor organization may agree in writing to pay the special event merchandise fee set forth below.
(5) 
The City of Woodbury sets forth the following special event merchandise fee. The goal of this new fee schedule is to encourage participation in special events sponsored by charitable organizations.
Number of Vendors Participating in the Special Event*
Fee
0 to 5 vendors
$100
6 to 10 vendors
$200
11 to 15 vendors
$300
16 to 20 vendors
$400
20+ vendors
$500
*If the vendor is a business or another nonprofit entity located in the City of Woodbury, then said vendor is not included in the count.
(6) 
Insurance and hold-harmless and indemnification agreement.
(a) 
The sponsoring organization shall provide proof of general liability insurance in the amount of $1,000,000 issued by an insurance company licensed to do business in the State of New Jersey in a form acceptable to the City of Woodbury covering the sponsoring organization and naming the City of Woodbury, its officers, agents and employees as additional insureds covering all claims or damages to all property and for bodily injury, including death, which may arise from the special event or in connection with operations of the special event and shall provide that the policy shall not terminate or be cancelled prior to the expiration date without 30 days' advanced written notice to the City, which insurance shall be primary with any other insurance of the City of Woodbury being excess and only for the benefit of the City of Woodbury.
(b) 
The sponsoring organization shall execute a hold-harmless and indemnification agreement in favor of the City of Woodbury in a form acceptable to the City of Woodbury.
(7) 
The sponsoring organization may request to host an ongoing, seasonal, or multidate event in which case the above vendor fee schedule applies for any five individual days of operation in the course of the event. For events in excess of five days, an additional fee of $25 is assessed per vendor which additional fee shall cover up to an additional 10 individual days in the course of the event. This multiple-day-event fee structure only applies when at the time of application for the event multiple days of operation of the event are requested, documented and approved as part of the special events permit.
A. 
Any veteran who holds a special license issued under the laws of the state shall be exempt from securing a license and 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 City Clerk/Administrator and obtain a license which will be issued by the Clerk/Administrator upon proper identification and exhibition of such state license.
B. 
Organizations.
(1) 
Any nonprofit religious, charitable, educational, civic or veterans' organization, society, association, service club, volunteer first aid organization or fire company 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 at any place or places within the City for a charitable, religious, patriotic or philanthropic purpose, shall be exempt from the provisions of this chapter, provided that there is filed a sworn application in writing with the City Clerk/Administrator, which shall give the following information:
(a) 
Name and purpose of the cause for which the license is sought.
(b) 
Name and address of organization.
(c) 
Period during which solicitation is to be carried on.
(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 or association 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 City Clerk/Administrator shall issue a license without charge to such organization, association or corporation to solicit in the City. Such organization, association, society or corporation shall furnish all its members, agents or representatives conducting solicitation with credentials in writing stating the name of the organization, name of the agent and the duration and purpose of solicitation.
C. 
Any nonprofit religious, charitable, educational, civic or veterans' organization, society, association, service club, volunteer first aid organization or fire company which is located in this City is hereby exempt from the provisions of this chapter.
D. 
No license shall be issued to any organization for the solicitation of funds unless such funds are to be used for the benefit of the citizens of the City.
[Amended 11-28-2005 by Ord. No. 2015-05]
Any person, firm or corporation who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to one or more of the following: a fine not exceeding $1,000; imprisonment for a term not exceeding 90 days; or a period of community service not exceeding 90 days. Each day that a violation shall exist shall be construed as a separate offense.