[HISTORY: Adopted by the Township Committee of the Township of Elk as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-7-1999 by Ord. No. O-99-9]
Editor's Note: This ordinance superseded the former provisions regarding peddlers and transient merchants adopted 4-5-1968, as amended.
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 Township of Elk without first obtaining a license required by and in accordance with the provisions of this article.
When used in this article, the following terms shall have the following meanings:
- ITINERANT MERCHANTS, TRANSIENT VENDORS and SALESMEN
- Deemed to be in the category of peddler, hawker, vendor, solicitor or canvasser, as set forth below.
- 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 Township of Elk and sells goods, merchandise and/or services at a specific location not owned by the nonprofit organization, having the written consent of the owners of the property to conduct seasonal sales activities within the Township of Elk.
- PEDDLER, HAWKER and VENDOR
- Includes any person, whether a resident of the Township of Elk 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.
- Includes any partnerships, partner, corporation or corporations or persons, except as defined in § 77-12 hereinafter.
- 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 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.
- 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 Township of Elk 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.
Application for a hawker's, peddler's, vendor's, solicitor's or canvasser's license.
An applicant for a hawker's, peddler's, vendor's, solicitor's or canvasser's license under this article shall file with the Township Clerk a sworn application in writing, on a form to be furnished by the Township Clerk, which shall give the following information:
The name, address and telephone number of the organization and/or business applying for a license under the provisions of this section.
The name, address, telephone number and description of those individuals to be employed by and engaged in peddling, hawking, soliciting or canvassing.
The place or places of residence of the organization and/or business applying for a license, as well as of those individuals engaged by the organization and/or business in conducting peddling, hawking, vending, soliciting and canvassing activities.
Social security numbers and driver's license numbers of individuals of the organization and/or business, engaged in the activities of peddling, hawking, vending, soliciting and canvassing.
Social security numbers and driver's license numbers of those individuals engaged in peddling, hawking, vending, soliciting and canvassing for the organization and/or business applying for a license to conduct said activities.
A brief description of the nature of the business, the goods to be sold and the names and addresses 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 and/or business applying for a license under this article.
The length of time for which the right to do business is desired by the organization and/or business applying for the license.
A photograph of each individual who will be engaged in the peddling, hawking, vending, soliciting or canvassing and who is employed by the organization and/or the business applying for a license, taken within 60 days immediately prior to the filing of the application.
A statement regarding each individual employed by the organization and/or business applying for the license as to whether such individual has 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 therein.
A statement indicating whether or not orders are to be solicited and taken for future delivery of goods or performance of services by the organization and/or business applying for the license.
The applicant, being the organization and/or business applying for a license, shall list previous licenses issued by the Township of Elk as well as other municipalities wherein licenses have been applied for and issued for those municipalities.
The applicant shall list all previous licenses issued by this or any other municipality which have been revoked, who revoked the license, the date of revocation and the reason given therefor.
Seasonal sales vendors.
[Amended 5-6-2010 by Ord. No. O-2010-29]
An applicant for a license as a seasonal sales vendor under this article shall file a sworn application with the Township Clerk on a form to be provided. A complete application for a seasonal sales license must be submitted to the Township Clerk 30 days prior to the actual specified time period for conducting the seasonal sales activity. An application determined to be incomplete upon review by the Township Clerk shall be returned to the applicant. The following information shall be provided by the seasonal sales vendor in its application:
The name, address and telephone number of the organization and/or business applying for a license under the provisions of this section.
The name, address, telephone number and description of those individuals to be employed by and engaged in the seasonal sales activity.
The block and lot location of the property to be utilized in conducting the seasonal sales activity.
Social security numbers and driver's license numbers of individuals of the organization and/or business engaged in the seasonal sales activity.
Social security numbers and driver's license numbers of individuals engaged in seasonal sales for the organization and/or business applying for a license to conduct said activities.
The length of time for which the right to do business is desired by the organization and/or business applying for the license as per § 77-2 of this article, which defines said seasonal sales period.
A photograph of the individuals who will be engaged in the seasonal sales vending and who are employed by the organization and/or the business applying for a license, taken within 60 days immediately prior to the filing of the application.
The individuals employed by the organization and/or business applying for a license shall be fingerprinted at the request of the Chief of Police.
A statement as to whether or not the individuals employed by the organization 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 a description of the nature of the events and the punishment or penalty assessed therein.
A list of previous licenses issued by the Township of Elk as well as other municipalities wherein licenses have been applied for and issued or denied by those municipalities.
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 Township Clerk. 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 plan must conform with the zoning regulations applicable to any development within the zone in which the seasonal sales are proposed to take place, unless grounds can be established satisfactory to the Township Committee such that a variance (using the standards of Chapter 96, Unified Development) can be granted as to a particular deviation. The following information must be set forth on the survey and/or sketch plat submitted:
Location of and quantities of merchandise to be stored and displayed on the lot(s).
Location of on-site parking, as well as off-site parking associated with the site location.
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.
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 Township of Elk. All debris, materials, trash, etc., must be removed from the site within 48 hours following the expiration of the seasonal sales license issued by the Township of Elk.
A certification from the Elk Township Tax Collector that all taxes have been paid on the subject lot and are current.
Operating standards for seasonal sales vendors.
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 site.
No more than four temporary signs shall be erected. Temporary signs shall not exceed four square feet in area nor exceed four feet in height.
Temporary signs may not be erected prior to 48 hours before the designated beginning of the seasonal sales activity and must be removed immediately after the time period stated and licensed for conducting the seasonal sales activity.
No sign shall be erected that is of such character, form, shape or color that it imitates or resembles an 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.
Temporary signs shall be kept in a proper state of repair, in accordance with the requirements of the Township'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 Township at the owner's expense upon proper notification by the Township.
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 sight visibility of the motoring public as determined by the Chief of Police or his or her designee.
Any person conducting activities involving the sales of merchandise as defined under "merchandise (seasonal sales)" in this article shall be required to obtain a seasonal sales license notwithstanding the issuance of a vendor's license prior to the adoption of this article.
Seasonal sales activities as defined in this article shall be restricted to all nonresidential zones as designated by the Land Use Map as adopted by the Township of Elk. It shall be unlawful for seasonal sales vendors to operate in locations directly opposite from or on a diagonal from another seasonal sales vendor or from any retail or wholesale commercial enterprise which is engaged in selling the same goods as those offered for sale by the seasonal sales vendor. To this end, it shall be unlawful for more than one seasonal sales vendor to operate at a traffic intersection.
[Amended 5-6-2010 by Ord. No. O-2010-29]
Upon receipt of such application, the original shall be referred to the Director of Public Safety, who shall cause to be made such investigation of the applicant and its agents and employees as the Chief deems necessary to determine if the requirements of this article have been met and as may be needed for the protection of the public welfare.
The Chief of Police shall deny the application if he or she determines that any of the reasons for denial set forth in § 77-4D below have occurred. The Chief shall indicate his or her denial on the application, setting forth his or her reasons, and return the application with his or her decision to the Township Clerk. The Clerk shall then notify the applicant that the application is denied.
If the Chief of Police determines from his or her investigation that no reason or reasons exist for denial, then he or she shall endorse his or her approval on the application, returning the application to the Township Clerk. The Clerk shall, upon payment of the prescribed license fee, execute and deliver the license to the applicant. The Clerk shall keep a record of all licenses issued and of all complaints received, if any, concerning each license. The license must have a photo identification for the individual to whom the license was issued.
Grounds for denial of a peddler's, hawker's, vendor's, solicitor's, canvasser's and seasonal sales vendor's license:
The applicant has failed to comply with the application procedures and requirements as set forth in § 77-3 of this article.
The applicant has failed to complete the application in full and to supply all of the information required.
The applicant has had its peddler's or other similar license revoked and/or denied for good cause by this or any other municipality.
As to seasonal sales, the site plan does not conform with the applicable zoning and development requirements under Chapter 96, Unified Development, of the Elk Township Code; provided, however, that the Township Committee may grant a variance for any deviation using the standards applicable to N.J.S.A. 40:55D-70c.
Application fee. Any application for a peddler's, hawker's, vendor's, solicitor's, canvasser's and/or seasonal sales vendor's license shall be required to pay a fee of $25 to the Township Clerk for each individual to be registered and employed by the organization and/or business. Such fee is exacted to help cover the cost of processing the application and investigation of the facts stated in the application.
License fee. If a license is granted, then the applicant must pay the following license fee before the license is issued:
Peddler's, hawker's, vendor's, solicitor's and canvasser's license: $100. A separate license fee must be paid for each person acting as a peddler, hawker, vendor, solicitor or canvasser for the applicant.
No application or license fee shall be required from any nonprofit organization which is located within the Township of Elk and which is exempt from the payment of taxes under the regulations of the Internal Revenue Service.
All nonprofit organizations 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 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 quasi-public streets and sidewalks within the Township of Elk. 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 article.
Duration of license for peddlers, hawkers, vendors, solicitors and canvassers. All peddler's, hawker's, vendors, solicitor's and canvasser's licenses issued in accordance with this article 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 any renewal license can be issued, subject to § 77-9 below.
Duration of license for seasonal sales vendors. A seasonal sales license issued shall be for the seasonal sales time period set forth in § 77-2, entitled "Definitions," of this article. A separate license must be obtained for each seasonal sales activity. Licenses shall not be transferable and must be surrendered after expiration of the applicable time period before a new license and/or registration can be issued for each seasonal sales activity.
Licenses issued under this article may be revoked by the Director of Public Safety or the Chief of Police or his designee after reasonable notice and hearing for any of the following causes:
A mispresentation or false statement contained in the application for the license and registration of individuals engaged by the organization (profit or nonprofit) and/or business.
A misrepresentation or false statement made in the course of carrying on the activities regulated herein.
A conviction of any crime or disorderly persons offense.
Conducting the business of soliciting, canvassing, vending, hawking or seasonal sales activities in an unlawful manner and in violation of any provision of this article or in such a manner as to constitute a breach of the peace or to constitute a menace to health, safety or general welfare of the public.
Any violation of the provisions of this article shall be cause for immediate revocation of a license issued by the Township of Elk, and the revocation of a license shall be grounds for nonissuance of a license for a period not to exceed two years.
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 by means of a summons or by mail, postage prepaid, to the licensee at the address given by the licensee in making the application, with such notice to be given at least five days prior to the date set for the hearing in accordance with the provisions of § 77-9.
Any person aggrieved by the action of the Director of Public Safety, Chief of Police or the Township Clerk in the denial of an application for a permit or license as provided in this article or in the decision with reference to the revocation of a license as provided in § 77-9 of this article shall have the right of appeal to the Township Committee of the Township of Elk.
The equipment used or employed by peddlers, hawkers and vendors of ice cream, foods, beverages, confections and other related commodities shall be maintained in a clean and sanitary manner and be subject to inspection by the Board of Health and shall fully comply with the laws of the State of New Jersey, the rules and regulations of the State Department of Health, the ordinances of the Township of Elk and the rules and regulations of the Board of Health, the ordinances of the Township of Elk and the rules and regulations of the Board of Health.
It shall be the duty of any police officer of the Township of Elk to enforce the provisions of this article and to require any persons seen peddling, hawking, soliciting, canvassing or conducting seasonal sales, who are not known by such officer to be duly licensed, to produce his/her or its license as required by this article.
This article shall not be construed to include, regulate, prohibit or require the licensure of any of the following:
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.
Persons or entities invited or requested by the resident of a home or agent of a commercial enterprise for the purposes relating to the sale of merchandise or insurance or the provision of services, it being the intent of this article that it apply only to attempted sales which were originally unsolicited by said resident or agent.
Any veteran who holds a special license 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 article and shall be required to register with the Township Clerk and obtain a permit, which will be issued by the Clerk upon proper identification and exhibition of such state license.
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 Elk Township 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 Township of Elk, for a charitable, religious, patriotic or philanthropic purpose. Such nonprofit organization shall be exempt from the provisions of §§ 77-3 and 77-4 of this article, provided that there is filed with the Township Clerk, a sworn application in writing, which shall give the following information:
Name and purpose of the cause for which the permit is sought.
Name and address of organization.
Period during which solicitation is to be performed.
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.
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 Township Clerk or Director of Public Safety shall issue a permit without charge to such organization, association or corporation to solicit in the Township. 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.
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 § 77-3B. 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.
Any person, entity or corporation who or which violates any provision of this article shall, upon conviction thereof, be punishable by one or more of the following: a fine of up to but not exceeding $1,000 and/or imprisonment in the county jail or any place provided by the municipality for the detention of prisoners for a term up to but not exceeding 90 days or community service up to but no greater than 90 days, or any combination of the above.
Each day that a violation exists, occurs or continues shall constitute a separate offense for the purpose of imposing the penalties referred to above.
[Adopted 7-1-1999 by Ord. No. O-99-4]
Pursuant to N.J.S.A. 45:17A-20, "charitable organization" is to be defined as any person determined by the Federal Internal Revenue Service to be a tax exempt organization pursuant to Section 501(c) (3) of the Internal Revenue Code of 1986, 26 U.S.C. sec. 501(c) (3); or any person who is, or holds himself out to be, established for any benevolent philanthropic, humane, social, welfare, public health, or other eleemosynary purpose, or for the benefit of law enforcement personnel, firefighters or other persons who protect the public safety, or any person who in any manner employs a charitable appeal as the basis of any solicitation, or any appeal which has a tendency to suggest there is a charitable purpose to any such solicitation.
All roadway solicitation, referred to as a "coin drop" or "coin toss" is to be conducted solely at intersections regulated by traffic signals and bridge openings. The coin drop or toss shall only be conducted during daylight hours.
All charitable organizations wishing to conduct a coin drop or coin toss must first file an application and receive approval from the Township Committee for such activity before the event is conducted. Applications for any one charitable organization shall be submitted for each calendar year with the required information. No permit fee is required. Only one application is necessary per year for each charitable organization, which will cover all coin drops and tosses for that year, provided that the organization sets forth the dates on and places at which the coin toss/drop is to be conducted.
The application shall be on a form prepared by the Township and shall include information on each of the following:
Name, address, telephone number and responsible person for the charitable organization.
Location, exact dates and proposed times for the coin toss/drop. The location shall include a description of the roadway to demonstrate that the coin toss/drop is being conducted at a traffic signal or bridge opening as required by law.
Certification that the applicant meets the definition of permitted charitable organizations described above.
List of names and ages of those persons who will be participating in the coin drop/toss for the applicant. No person under the age of eighteen shall be allowed on the highway.
Signature of the Police Chief or his authorized representative in charge of traffic regulation.
Certification that the applicant has applied for and/or received approval from the County of Gloucester and/or State of New Jersey if the coin toss/drop will be conducted along county and/or state roadways. A copy of the approving document from the applicable county or state agency allowing the coin drop/toss along the county/state roadway must be provided to the Township before the day on which the coin drop/toss is to take place.
Certification that the applicant will place advance signs measuring up to 16 square feet warning of the upcoming coin drop/toss activity including a reference to the name of the applicant, that no cones will be placed upon the roadway, that the applicant will not place a flagman at the coin toss/drop, that the applicant and its agents will not stop traffic or impede its movement and the applicant will be responsible to clean any debris and leave the roadway in its original condition.
Certification that the applicant and its agents will comply with the terms of this article and of the requirements set forth at N.J.A.C. 16:40-1.1 et seq.
The Chief of Police or his authorized representative in charge of traffic regulation must review the application to determine whether it complies with this article and the applicable regulations referenced herein.
If the coin toss or coin drop involves a Gloucester County and/or New Jersey state-owned road, the charitable organization must also obtain written approval from the applicable county or state agency responsible for such roadway approving the coin drop/toss activity for the proposed dates on which the activity is proposed to be conducted.
The charitable organization conducting the coin drop or coin toss must place at least two warning signs measuring up to 16 square feet warning traffic of the upcoming activity. The signs must include the name of the charitable organization and include the words "charitable solicitation 500 feet ahead." There shall be no cones placed upon the roadway by the charitable organization during the coin drop or coin toss. The charitable organization shall not place a flagman at the coin toss or coin drop.
All solicitors shall wear safety vests that are in accordance with NJDOT standards.
While conducting the coin toss or coin drop, the members of the charitable organization shall not stop traffic or impede its movement.
No person under the age of 18 years of age shall be permitted on the highway.
The charitable organization is responsible to clean any debris from the roadway and the area adjoining the roadway and to leave the area in its original condition immediately prior to the activity.
Any person, entity or corporation who or which violates any provision of this article shall, upon conviction thereof, be punishable by one or more of the following: imprisonment in the county jail or any place provided by the municipality for the detention of prisoners for a term up to but not exceeding 90 days or by a fine of not less than $50 and not more than $1,000 or by a period of community service up to but not exceeding 90 days, or any combination of the above. In addition, the violator shall be required to pay the applicable license fee or permit fee, if otherwise unpaid.