[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[1]]
[1]
Editor's Note: This ordinance superseded the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:
Deemed to be in the category of peddler, hawker, vendor,
solicitor or canvasser, as set forth below.
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.
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.
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.
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.
A specific time period to sell goods and/or merchandise as
follows:
Christmas: a time period not to exceed 30 days,
including Christmas Day and the 29 days immediately preceding Christmas
Day.
Easter: a time period not to exceed five days,
including Easter and four days immediately preceding Easter.
Mother's Day: a time period not to exceed five
days, including Mother's Day and the four days immediately preceding
Mother's Day.
Valentine's Day: a time period not to exceed
five days, including Valentine's Day and the four days immediately
preceding Valentine's Day.
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.
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.
A.
Application for a hawker's, peddler's, vendor's, solicitor's
or canvasser's license.
(1)
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:
(a)
The name, address and telephone number of the
organization and/or business applying for a license under the provisions
of this section.
(b)
The name, address, telephone number and description
of those individuals to be employed by and engaged in peddling, hawking,
soliciting or canvassing.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
The length of time for which the right to do
business is desired by the organization and/or business applying for
the license.
(h)
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.
(i)
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.
(j)
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.
(2)
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.
(3)
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.
B.
Seasonal sales vendors.
[Amended 5-6-2010 by Ord. No. O-2010-29]
(1)
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:
(a)
The name, address and telephone number of the organization and/or
business applying for a license under the provisions of this section.
(b)
The name, address, telephone number and description of those
individuals to be employed by and engaged in the seasonal sales activity.
(c)
The block and lot location of the property to be utilized in
conducting the seasonal sales activity.
(d)
Social security numbers and driver's license numbers of
individuals of the organization and/or business engaged in the seasonal
sales activity.
(e)
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.
(f)
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.
(g)
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.
(h)
The individuals employed by the organization and/or business
applying for a license shall be fingerprinted at the request of the
Chief of Police.
(i)
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.
(j)
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.
(k)
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:
[1]
Location of and quantities of merchandise to be stored and displayed
on the lot(s).
[2]
Location of on-site parking, as well as off-site parking associated
with the site location.
[3]
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.
(l)
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.
(m)
A certification from the Elk Township Tax Collector that all
taxes have been paid on the subject lot and are current.
(2)
Operating standards for seasonal sales vendors.
(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 site.
(b)
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.
(c)
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.
(d)
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.
(e)
Temporary signs shall be kept in a proper state of repair, in
accordance with the requirements of the Township's Building Code,[1] Property Maintenance Code[2] 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.
(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 sight visibility of the motoring public as determined by
the Chief of Police or his or her designee.
(3)
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.
(4)
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]
A.
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.
B.
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.
C.
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.
D.
Grounds
for denial of a peddler's, hawker's, vendor's, solicitor's, canvasser's
and seasonal sales vendor's license:
(1)
The applicant has failed to comply with the application procedures and requirements as set forth in § 77-3 of this article.
(2)
The
applicant has failed to complete the application in full and to supply
all of the information required.
(3)
The
applicant has had its peddler's or other similar license revoked and/or
denied for good cause by this or any other municipality.
(5)
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.
A.
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.
B.
License fee. If a license is granted, then the applicant
must pay the following license fee before the license is issued:
(1)
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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:
(1)
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.
(2)
A misrepresentation or false statement made in the
course of carrying on the activities regulated herein.
(3)
A conviction of any crime or disorderly persons offense.
(4)
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
This article shall not be construed to include, regulate,
prohibit or require the licensure of any of the following:
(1)
The selling of any article at wholesale to retail
dealers of such articles or the delivery of milk, eggs, bread, newspapers
or other such necessary and perishable articles of food or merchandise
of a type commonly delivered on a house-to-house basis at intervals
of less than one week.
(2)
Persons or entities invited or requested by the resident
of a home or agent of a commercial enterprise for 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.
B.
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.
C.
Certain organizations.
(1)
Any nonprofit organization, including but not limited to a religious, charitable, educational, civic or veterans organization, society, association or service club or volunteer first aid or fire company, located within the borders of 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:
(a)
Name and purpose of the cause for which the
permit is sought.
(b)
Name and address of organization.
(c)
Period during which solicitation is to be performed.
(d)
Name and address of each agent or representative
who will conduct solicitations and the length of time that said agent
or representative has been employed or affiliated with such organization,
society, association or corporation.
(2)
Upon being satisfied that such person, organization,
society, association, etc., is a bona fide nonprofit religious, charitable,
educational, patriotic or philanthropic organization and that the
agents or representatives who shall conduct the solicitations are
of good moral character and reputation, the 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.
D.
The seasonal sales of agricultural products or dairy products sold on the premises of the grower or cultivator shall be exempted, provided that such agricultural products or dairy products are grown or cultivated on the land from which the sales are made. Any structure or stand used in such on-site sales shall be temporary in nature and shall comply with all applicable construction and sewage requirements as contained in § 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.
A.
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.
B.
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.
A.
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.
B.
The application shall be on a form prepared by the
Township and shall include information on each of the following:
(1)
Name, address, telephone number and responsible person
for the charitable organization.
(2)
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.
(3)
Certification that the applicant meets the definition
of permitted charitable organizations described above.
(4)
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.
(5)
Signature of the Police Chief or his authorized representative
in charge of traffic regulation.
(6)
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.
(7)
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.
(8)
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.
