[Adopted 12-11-1995 by Ord. No. 1995-19]
As used in this article, the following terms shall have the
meanings indicated:
NON-PROFIT-MAKING VENDOR
A person who, sells goods, the proceeds of which are devoted
exclusively to the purpose of a philanthropic, charitable or religious
society on whose behalf he acts as agent, with or without pay, but
excluding those individuals or organizations soliciting for funds
or other things of value.
PEDDLER
A person, commonly referred to either as a "transient merchant,"
"itinerant vendor," "route salesman," "peddler," "hawker" or other
such person, who goes from place to place by traveling on the streets
or from house to house and carries with him foodstuffs, goods, wares
and merchandise for the purpose of selling and delivering them to
consumers or who, without carrying merchandise, sells or proposes
to sell services of any kind, including but not limited to painting,
landscaping, subscriptions and photography.
PERSON
An individual, firm, partnership, corporation, voluntary
association, incorporated association and principal or agent thereof.
SOLICITOR
A person selling the articles or services described above
in the definition of "peddler" by sample or taking orders for future
delivery, with or without accepting an advance payment for the goods
and regardless of whether the solicitation be made by mail, telephone
or personal contact. The provisions of this article shall apply to
the person who comes in personal contact with the buyer through the
delivery of the goods or the acceptance of any moneys in payment therefor.
The purposes of this article are to monitor transient businessmen,
to prevent dishonest business practices, to prevent the use of soliciting
and canvassing to gain access to homes for criminal purposes and to
maintain quiet and privacy for the residents of the City of Bordentown.
The provisions of this article shall not apply to city-wide events
sponsored by local businesses or religious organizations, such as,
and including, but not limited to, the annual street fair and Cranberry
Festival.
It shall be unlawful for any person to sell or dispose of, or
to offer to sell or dispose of, any foodstuffs, goods, wares or merchandise
within the City of Bordentown without first obtaining a license and
having paid the license and/or other fees hereinafter prescribed.
The license fees shall not apply to any person who conducts a sale pursuant to state or court order, nor to any person who is an exempt member of a volunteer fire department or other lawfully organized nonprofit organization, as defined by New Jersey public laws. Said persons and/or organizations must comply with all requirements of §
213-5, as may be applicable.
Following the filing of the application and the payment of the appropriate fee, as required under §
213-8 of this article, the Chief of Police shall verify the information. The Chief, based on the applicant's criminal background, may, in his discretion, require the applicant to have his fingerprints taken, to be compared with those on file with the Federal Bureau of Investigation and the State Bureau of Identification, and, based on his findings, shall either signify his approval or rejection of the application to the Board of Commissioners of the City of Bordentown, who shall act upon the same as soon as the necessary investigation and recommendations by said Chief of Police have been made. Upon approval of the application and payment of the fees, the license shall be issued by the Clerk of the City of Bordentown who shall keep the necessary records pertaining thereto. For all license classes, the license shall not authorize any person, except the person named in said license, to engage in the business specified. Said license shall not be transferable from the person to whom issued to any other person. A separate license must be obtained by a licensed peddler or solicitor for every agent or employee working for him. The Board of Commissioners has full discretion as to whether or not to issue a license and can limit the amount of licenses issued as it sees fit and can revoke a license upon reasonable cause. The Commissioners' decision as to the issuance of a license shall be final.
Every person holding a license under this article shall be required
to carry the license on his person while engaged in the business licensed.
He must produce the license at the request of any person solicited,
a police officer or other official of the City of Bordentown. To every
person granted a license, the Clerk of the City of Bordentown shall
issue a license certificate which shall display a photograph of the
applicant, the number of the license and the dates for which it is
issued.
License and processing fees shall be as follows:
A. A fee of $50 shall be paid for the processing of each license application
and shall apply to each individual who makes application for said
license, except in the case of a license application to operate as
a food vendor at the municipal boat ramp area, in which case the application
fee shall be $500. Said processing fee shall include the cost of fingerprinting,
the issuance of the license and the license issued therefor.
B. Nonprofit peddlers as set forth in §
213-4 shall not be required to pay a license fee.
C. Nonprofit vendors as set forth in §
213-4 shall not be required to pay any license fee.
D. The license shall be valid for a period of five business days, except in the case of a license to provide food vending services at the municipal boat ramp area, in which case the license shall be valid for the time in which that area is open for public use as set forth in Chapter
116 of the Bordentown City Code. All licenses, other than those issued for the municipal boat ramp area, can be renewed without the need for reapplication upon payment of the stated fee, or upon written request, in the case of a nonprofit peddler or vendor. An applicant can receive up to 10 renewals without the need for reapplication. Boat ramp licenses must be reapplied for, in accord with this section, on an annual basis.
E. Unsuccessful applicants who are denied licenses shall have the fee
returned.
A license may be revoked by the Board of Commissioners of the
City of Bordentown by reason of the violation of the terms of the
license, the violation of any municipal ordinance, state or federal
statute or falsification in applying for a license. The licensed person
shall be granted a hearing by the Board of Commissioners upon his
request. A license may be suspended for not more than three weeks
by the Chief of Police without a hearing. No fees shall be returned
for any unexpired period of a license, whether revoked or not.
Any person violating any of the terms or provisions of this
article or conducting the business of peddler, solicitor or nonprofit-making
vendor in this city without a license to do so shall, upon conviction
thereof by the Municipal Court Judge of the City of Bordentown, be
subject to a fine not exceeding $500 and/or by imprisonment in the
County Jail for a term not exceeding 90 days, and/or up to 100 hours'
community service, in the discretion of the Municipal Court Judge.
[Adopted 3-23-1998 by Ord. No. 1998-4]
The purpose of this article is to provide regulations governing
solicitation of motorists in the roadway of a highway, other than
interstate highways or toll roads, within the City of Bordentown.
No person shall stand in the roadway of a highway to stop, impede,
hinder or delay the progress of a vehicle for the purpose of soliciting
the purchase of goods, merchandise or tickets, or for the purpose
of soliciting contributions for any cause, and the only question of
law and fact in determining guilt under this section shall be whether
goods, merchandise or tickets were tendered or offered for sale, or
whether a contribution was solicited.
Any person found guilty of violating any of the provisions of
this article shall pay, upon conviction, a penalty not to exceed $100.