[Adopted 4-7-2008 by Ord. No. 08-15]
No hawkers, peddlers or transient merchants shall carry on or attempt to carry on any business, trade or occupation in the Township without having first obtained from the Township Council a license for such business in accordance with this article. Furthermore, all hawkers, peddlers or transient merchants must all obtain the proper license from the Township of Bloomfield Board of Health. No license shall be required of any merchant establishment not transient or seasonal in nature.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- A person, commonly referred to either as a "peddler" or "hawker" or "transient merchant," who goes from place to place by traveling on the streets for the purpose of selling to consumers from a vehicle licensed and insured in accordance with New Jersey motor vehicle laws.
- Means and includes cars, motor trucks, and other motor vehicles properly registered and insured in accordance with New Jersey motor vehicle laws. No licenses will be provided to individuals with carts or other types of conveyance.
Any person holding a license issued pursuant to N.J.S.A. 45:24-9, et seq., shall be exempt from the licensing requirements of this section; provided, however, that such a license holder shall be required to comply with all other provisions of this section.
Any person who is soliciting on behalf of a charitable, political or civic nonprofit organization shall be exempt from the licensing requirements of this section; provided, however, that such person shall be required to comply with all other provisions of this section.
The fee requirements of this section shall not be held to include the following persons who are expressly exempt from such fees:
Any person selling fruits, vegetables and farm products.
Any person honorably discharged from the military, naval or marine forces of the United States.
Any blind person who is a resident of the Township.
Any person holding an exempt fireman certificate in accordance with the provisions of N.J.S.A. 40A:14-56.
Applications. Effective January 1, 2012, all applications for peddlers' licenses shall be accompanied by an application/license fee of $200 and shall be made to the Township Clerk on forms provided by the Clerk and shall contain the following information:
[Amended 4-6-2009 by Ord. No. 09-29; 11-21-2011 by Ord. No. 11-52]
Name and permanent and local address of the applicant. If the applicant is a corporation, the name and address of its registered agent and each person who will actually conduct the business. All such persons are hereinafter referred to as "applicants."
If a vehicle is to be used, its description, including the license number.
If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.
Applications by partnerships shall be signed by all partners, with the information required by this section supplied in detail as to each partner, and applications by corporations shall have attached individual statements containing all of the information required by this section relating to each employee or agent who shall engage in the licensed activity, and shall be signed by each employee or agent.
The days of the week and the hours of the day during which the licensed activity will be conducted.
A description of the nature of the business and the goods, property or services to be sold or supplied.
A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance other than traffic offenses and, if so, the date and place of conviction, the nature of the offense and the punishment or penalty imposed, and a statement of all charges, if any, pending against the applicant.
Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his character and responsibility.
The applicant shall provide two photographs, not over one year old, showing the applicant's face, front and profile, of a minimum size of 1 1/2 inches by 1 1/2 inches which shall be affixed to the application.
The applicant shall be fingerprinted by the Bloomfield Police Department and a criminal background check shall be performed. Fingerprint records shall be immediately processed for classification and identification.
Investigation of applicants.
All applications shall be referred to the Chief of Police or a police officer designated by him, who shall immediately institute an investigation of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity as he considers necessary for the protection of the public. The applicant shall be fingerprinted and a complete background check including criminal history shall be conducted. The investigator shall communicate his findings in writing to the Township Clerk within a reasonable time after the application has been filed. If the investigator's report supports a finding that the applicant's character, ability or business responsibility is unsatisfactory or that the products, services or activity are not free from fraud, the Township Clerk shall highlight the findings in a memorandum addressed to the Council for its consideration. In any event, after the Township Clerk has received all of the information from the applicant, including the application fee, and the results of the background check, the Township Clerk shall prepare a summary of the application for the Township Council who shall review the documentation and make a determination of whether to issue a license. The decision of the Township Council shall be final.
Under no circumstances shall any license be issued to any peddler unless he/she obtains a Type II firesafety permit from the Bloomfield Fire Department and the application is also approved by the Chief of Police who shall ensure traffic compliance and public safety. All merchant establishments are also required to obtain a Type II firesafety permit from the Bloomfield Fire Department and the approval of the Chief of Police to ensure traffic compliance and public safety.
Issuance of license.
The license, if granted by the Township Council, shall be issued by the Township Clerk. The Township Clerk shall issue each license when a vehicle is to be used, bearing the words "Licensed Peddler, Township of Bloomfield," together with the number of the license and the expiration date written as "Expires May 1, 20___," and all vehicles used for the purpose of peddling as aforesaid shall have affixed on the side thereof the metal plates mentioned above and the name of the licensee in letters at least two inches in height written or painted clearly and distinctly thereon, and all peddlers not using a vehicle shall wear in a conspicuous place a badge to be furnished by the Township Clerk containing the same information.
Any person, licensed as aforesaid, engaged in peddling as aforesaid in the streets and public places of this Township shall at all times carry with him, when so engaged, his license and shall exhibit the same, on demand, to any police officer or Township official requesting same.
The license shall expire on May 1 next after its issuance. All licenses must be renewed before they expire or the license shall be lost and the Township shall issue the license to the next applicant the Township has or receives. Licensees who hold licenses shall not lose their licenses as long as they are continually renewed before expiration.
The Township Clerk shall keep a record of all such licenses in a book to be provided for that purpose.
License classes; term; number restricted; Class of Licenses.
Licenses shall be divided into the following classes:
Class 1: license for the sale of products within 30 feet of or within the boundaries of the following specific areas of the Township: Brookside Park, (90 Bay Avenue); Clark's Pond, (111 Dewey Street); Milbank Playground, (264 North 17th Street); Pulaski Park, (24 Mt. Vernon Avenue). The Business Administrator or his/her designee shall determine where, in each park, the licensee may be located, giving particular consideration to the safety of the patrons approaching the vendor. The time limits listed in § 408-12B may be waived by the Administrator for any peddler selling goods with a Class 1 license in the above-referenced areas.
Class 2: license for the sale of prepackaged food products and snacks from a vehicle. The licensee may sell in any zone (except areas in which a Class 1 license is required), provided that no sale stops shall be for more than 15 minutes in any zone as indicated in § 408-12B.
Class 3: license for the sale of food products and snacks from a vehicle. The licensee may sell in any zone (except areas in which a Class 1 license is required), provided that no sale stops shall be for more than 15 minutes in any zone as indicated in § 408-12B.
Class 4: license for the sale of snacks and meals from a lunch truck. Licensees shall not be permitted to sell in any residential zone, and shall be limited to sale of food on private property, with the permission and invitation of the property owner.
Peddler may purchase different classes of license to allow the peddler to sell throughout the Township
No person having obtained a license under this article shall lend or hire the same to any person, or lend or hire or allow the use of any license, with such licensed person's name thereon, for the purpose of peddling. All peddlers are required to obtain a license under this article unless specifically exempted. Peddler's licenses are specific to a person and peddlers are forbidden to allow another person to operate under their licenses.
No peddler shall:
Cart regulations: engage in the business of peddling utilizing a vehicle or other means of conveyance not registered and insured in accordance with New Jersey Motor vehicle laws. Carts that are parked along the sidewalk are prohibited as the Township has determined that sidewalks are not wide enough to support a cart and pedestrian traffic.
Location of vehicle time limits: park, station or maintain his vehicle or allow it to remain at the same location for more than 15 minutes unless a sale is transacted or potential customer is actually stopped at the vehicle surveying the peddler's wares. After each sale or survey by a potential customer, the fifteen-minute period shall begin anew. At the expiration of the fifteen-minute period, the peddler must move his vehicle at least 30 feet. The peddler may not return to any location from which he has moved in accordance with the requirements of this subsection or to any place within 30 feet of said location for two hours. This subsection shall apply to all locations throughout the Township unless waived by the Township Administrator in accordance with this article.
Obstruction of traffic or pedestrians; litter receptacle; receptacle requirements: park, station, or maintain his vehicle 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, create or constitute a danger to life, health or property; or sell food, drinks, ice cream or confections of any kind for immediate consumption unless he has available for public use his own litter receptacle which shall be clearly marked and maintained for his patronage use. No peddler shall leave any location without first picking up, removing and disposing of any and all trash or refuse remaining from sales made by him.
Unattended vehicles: leave any vehicle unattended at any time or store, place or leave the same overnight on any public way of the Township.
Prohibited hours of sale: engage in the business of selling between 9:00 p.m. and 7:00 a.m.
Proximity to intersections: park, station, or maintain his vehicle or his goods, wares or merchandise, or allow them to remain at any location for sale or display or be sold if to do so would place the seller or his goods, wares or merchandise closer than 10 feet from intersecting streets or sidewalks.
Minimum pedestrian right-of-way: park, station, or maintain his vehicle 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.
Proximity to curb cuts: engage in the business of peddling within 10 feet of any location where the curb has been depressed to facilitate pedestrian or vehicle movement.
Receipts: engage in business at any location without having the ability to provide a written receipt to each customer that requests a receipt. The receipts shall show clearly the seller's name, business address, license number, a description of the merchandise sold and the purchase price and shall be sequentially numbered.
Proximity to bus stops: engage in the business of peddling within 60 feet of a bus stop.
Proximity to fire hydrants and crosswalks: engage in the business of peddling within 15 feet of any fire hydrant, crosswalk or driveway.
Obstructing entranceways: park, station, place, set up or maintain his vehicle or goods at any location within 50 feet of the entranceway to any building, store, theater, library, school, museum, movie house, sports area or other place of public assembly. For purposes of this subsection "entranceway" shall include a door providing ingress and egress to such places and any recessed area in the vicinity of the door.
Placing a vehicle where parking is prohibited: place a vehicle or conduct a general peddling business at a location in the street where stopping, standing or parking is prohibited, or during a time period when stopping, standing or parking is restricted.
Violation of traffic parking regulation: 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.
Display of tax certificate: engage in the business of peddling without prominently displaying on his vehicle his certificate of registration from the Director of the Division of Taxation of the New Jersey State Department of Treasury.
Engage in peddling on the Green, (area between Broad Street, Beach Street, Park Place and Liberty Street); Felton Field, (145 Floyd Avenue); Memorial Park, (231 Belleville Avenue); Vassar Field, (606 East Passaic Avenue); Wrights Field, (303 Berkeley Avenue); or at any public school without permission of the Board of Education.
Engage in peddling in the Township of Bloomfield in any area without the required class permit.
The Township Administrator and/or Township Council may immediately suspend a license issued under this article for a period of not more than 30 days, pending a hearing to revoke the permit for any of the following causes:
Fraud, misrepresentation or false statement in any application for a license; or
Fraud, misrepresentation, false statement or other dishonesty in the conduct of the licensed activity; or
An alleged violation of any provisions of this article; or
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude; or
Conduct of the licensed activity in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare; or
Whenever a license has been issued based upon an application pending the results of the investigation, the license may be summarily revoked if the result of the investigation is such as would have resulted in denial of the application.
Notice of a hearing for the revocation of a license shall be given to the licensee in writing by the Municipal Clerk. The notice shall specifically set forth the grounds on which the proposed revocation is based and the time and place of the hearing. The notice shall be served by mailing a copy to the licensee at his last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
At the hearing, the licensee shall have the right to appear and be heard in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Township Council may revoke or suspend the license if it is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.
The Township Council may issue another license to a person whose license has been revoked or denied if after hearing it is satisfied by clear and convincing evidence that the acts which led to the revocation or denial will not occur again; otherwise, no person whose license has been revoked or denied nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.
Every licensee shall carry and maintain in force insurance covering its operations written by an insurance company licensed to do business in the State of New Jersey, providing the following minimum coverage and language:
Comprehensive general liability: $500,000 (combined single limit each occurrence).
Business automobile liability: $500,000 (each accident), or if the license is granted to an entity that does not own any automobiles and uses employees that would use their own automobiles to conduct business, then employer's non-ownership automobile liability will be accepted for the business auto insurance requirement.
The Township and its agents and employees shall be indemnified and held harmless from all claims and demands, losses and expenses arising from the permission granted and shall be named as an additional insured.
The issuing company shall notify the Township with 10 days of the cancellation of any of the policies.
The licensee shall provide proof of paid-up insurance coverage, and in the case of not having paid the policy for a full year, appropriate i.e., monthly, quarterly or semiannual proof shall be provided.
[Amended 4-6-2009 by Ord. No. 09-29]
Permits for one day to three days may be issued by the Township Clerk in lieu of the licenses required by this article, subject to the approval of the Chief of Police or Captain of Police, upon payment of a fee of $62.50 to the Township Clerk.
[Added 8-20-2018 by Ord. No. 18-37]
For the purposes of this section, "unsolicited" shall mean the printed matter referred to herein which has not been ordered, subscribed to or requested by the recipient.
It shall be unlawful for any person to deliver or deposit, or to cause the delivery or deposit, or for any person, firm or corporation to cause the delivery or deposit of any unsolicited printed material to or upon the premises of any private residence located within the Township except in accordance with the terms of the following subsections:
Any unsolicited printed material shall be delivered to or deposited upon the premises of a private residence only within a permanently installed appurtenance to the premises which an owner or occupant of the private residence has designated for such material to be received and collected. If there is no such appurtenance at the premises, any unsolicited printed material may be deposited only upon either the ground or the floor, at a point beneath the place where the private residence regularly receives its mail or within a three-foot radius of that point.
Excepted from Subsection B(1) shall be any unsolicited printed material which is delivered to or deposited upon the premises of any private residence which plainly bears either the name, mailing address and e-mail address of a person responsible for the delivery or deposit of said material, or a telephone number which may be contacted to determine such name, regular mailing address and e-mail address, which may be used by an owner or occupant of the private residence to effectively request by certified mail, return receipt requested, or by e-mail with verified receipt capability, that such material cease to be delivered to or deposited upon the premises of that private residence.
Where the private residence referred to in this subsection is an individual unit of any condominium or other such common property, the request by certified mail, return receipt requested, or by e-mail with verified receipt capability shall be made by an owner or occupant of that individual unit.
It shall be unlawful for any person to intentionally deliver or deposit any unsolicited printed material to or upon the premises of a private residence after such time as said person has received a request by certified mail, return receipt requested, or by e-mail with verified receipt capability, made by an owner or occupant of that private residence, that such material cease to be delivered to or deposited upon the premises of that private residence.
Nothing contained in this subsection shall be deemed to prohibit or restrict any person from delivering unsolicited printed material directly to a person who is i) actually present on the premises of a private residence at the time of delivery and ii) who personally accepts said material at such time.
Any owner or occupant of any private residence located within the Township shall have the right to enforce any violation of this subsection by filing a complaint in Municipal Court.
[Amended 7-7-2008 by Ord. No. 08-29]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or by any combination of such fine, imprisonment and/or community service.