[HISTORY: Adopted by the Township Committee of the Township of Alloway as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-11-1973 by Ord. No. 116]
As used in this article, the following terms shall have the meanings indicated:
PEDDLER or HAWKER
One who goes from place to place by traveling on the streets, or from house to house, and carries with him goods, wares, merchandise and services for the purpose of selling and delivering them to consumers.
[Amended 10-18-2018 by Ord. No. 506]
TOTALLY HANDICAPPED PERSONS
Those persons who are unable to hold regular gainful employment because of physical infirmity.
[Amended 10-18-2018 by Ord. No. 506]
It shall be unlawful for any peddler to sell or dispose of or to offer to sell or dispose of any goods, wares, merchandise or services within the Township unless he shall first obtain a license and pay the license fee as hereinafter prescribed.
[1]
Editor's Note: Original Section (b), which immediately preceded this section and provided that the purpose of this ordinance was to raise revenue, was deleted and repealed 12-30-1976 by Ord. No. 159.
The following persons shall be required to obtain the license provided for in this article but shall be exempt from payment of any fees therefor:
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, which exempted from license fees persons selling fruits, vegetables and farm products produced on a farm operated by the vendor or by a family member, was repealed 9-20-2007 by Ord. No. 409.
B. 
Any person who conducts a sale pursuant to statute or court order.
C. 
Any totally handicapped person who is a resident of the Township of Alloway.
D. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D, which exempted from license fees persons engaged in the sale or soliciting orders for the sale of milk, dairy products, poultry, eggs, bread and bakery products, was repealed 9-20-2007 by Ord. No. 409.
E. 
Any entity or person soliciting for lawful, recognized charitable organizations and submits an appropriate certification from the Internal Revenue Service evidencing its tax exemption.
[Amended 9-20-2007 by Ord. No. 409]
F. 
Any person honorably discharged from the military services of the United States, possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and 45:24-10.
[Added 12-30-1976 by Ord. No. 159]
G. 
Any person who is an exempt fireman of a volunteer fire department, as defined in N.J.S.A. 45:24-9 and 45:24-10, possessing a license in conformity with said law.
[Added 12-30-1976 by Ord. No. 159]
A. 
Any person desiring a license shall file with the Township Clerk an application, on forms supplied by the said Clerk, stating the following information:
(1) 
Name of applicant.
(2) 
Permanent home address and place or places of residence for the preceding three years.
(3) 
Name and address of firm represented.
(4) 
Three business references.
(5) 
Description of the wares or services to be offered for sale or rendered from, i.e., cart, table, trailer, etc.
[Amended 9-20-2007 by Ord. No. 409; 10-18-2018 by Ord. No. 506]
(6) 
Length of time for which license is desired.
(7) 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any local law or ordinance, and, if so, the nature of the offense, where committed and the punishment or penalty imposed therefor.
(8) 
A copy of New Jersey sales and tax certification or exemption therefrom.
[Added 9-20-2007 by Ord. No. 409]
(9) 
A copy of the vendor's current health inspection.
[Added 9-20-2007 by Ord. No. 409; amended 12-19-2019 by Ord. No. 523]
(10) 
As to any vehicle or device from which goods will be transported and/or sold from or as to any vehicle operated by the vendor or applicant to carry out the purpose(s) specified in the license application, i.e., the type, make, model, year, color and tag number, if applicable.
[Amended 9-20-2007 by Ord. No. 409; 10-18-2018 by Ord. No. 506]
(11) 
A photo of the person applying for the license.
[Added 9-20-2007 by Ord. No. 409]
B. 
If the applicant is an employee, he shall append to the application a letter from the employer for which he claims to work, authorizing the applicant to act as agent or servant of the employer.
[Amended 12-30-1976 by Ord. No. 159; 8-10-1989 by Ord. No. 256; 4-13-2000 by Ord. No. 331; 9-20-2007 by Ord. No. 409]
A. 
Following the filing of the application, the Township shall, with the assistance of the New Jersey State Police, verify the information contained in the application and shall signify its approval or rejection on the reverse side of the application.
B. 
After verification of the application and payment of the prescribed fee to the Township Clerk, the license shall be issued by the Township Clerk. If the application is disapproved, then any fee paid shall be returned.
C. 
The license issued shall authorize only the person named in said license to engage in business thereunder from the location or from the equipment described in the application.
D. 
The license shall not be transferable to any other person.
E. 
The license fee is $100 per day for each unit or device the sale is conducted from; no portion of it is refundable and it is not assignable or transferable.
A. 
Each license shall be issued in the form prescribed in this article. The license shall contain suitable blank spaces for writing in the name of the licensee, location or type of equipment from where the sales will take place, his address and the amount of fee paid. Licenses shall be printed in book form, with corresponding stubs, and shall be consecutively numbered.
[Amended 9-20-2007 by Ord. No. 409]
B. 
Every licensee under this article shall carry the license with him while engaged in business. He shall exhibit the license at the request of any officer or official of the Township or any resident.
The Township Clerk shall keep books for recording the following information:
A. 
The time each application for a license is received.
B. 
Whether application is for a new license or a renewal.
C. 
Name and address of licensee.
D. 
Application number.
E. 
Date when application was approved.
[Amended 9-20-2007 by Ord. No. 409]
F. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection F, which required the Township Clerk to keep records pertaining to the date when an application was approved by the Township Committee, was repealed 9-20-2007 by Ord. No. 409.
G. 
Amount of fee received.
H. 
Date when license was issued.
[Amended 9-20-2007 by Ord. No. 409]
A license may be revoked by a Township official in the event the terms of the license or of this article, or any municipal ordinance, or any state or federal statute, are violated, or for providing false statement made in the application for the license.
[Added 12-30-1976 by Ord. No. 159]
A. 
Except during the annual Alloway Halloween parade, no person shall peddle or solicit on Sundays or holidays nor on any other day except between the hours of 9:00 a.m., prevailing time, and sunset.
[Amended 4-13-2000 by Ord. No. 331]
B. 
No person shall peddle or solicit or attempt to peddle or solicit without first having identified himself or herself as a peddler or solicitor licensed by the Township and displaying his or her license. Licenses shall be displayed upon the request of a police officer or any citizen of the Township.
C. 
No person shall shout, cry out, blow a horn, ring a bell or use any sound-making or sound-amplification device for the purpose of attracting attention to any merchandise or service.
D. 
No person shall have exclusive right to any location in the public streets or operate in any congested area where his operations might impede or inconvenience the public. No person shall occupy any location on a street or public property adjacent to a school for the purpose of selling or offering for sale merchandise during school hours or the time when children are going to or from school.
E. 
The Township may, from year to year, prohibit by resolution the sale of certain items. The following is the list of prohibited items, such as, but not limited to, silly string, cap guns and caps, stink bombs, poppers, smoke bombs, light lasers, political items and any device that launches a projectile i.e., dart guns, nerf guns or compatible. The prohibited sale item list is attached to the approved application and license for the strolling vendors.
[Amended 9-20-2007 by Ord. No. 409; 12-19-2019 by Ord. No. 523; 4-20-2023 by Ord. No. 555]
[Added 12-30-1976 by Ord. No. 159; amended 4-13-2000 by Ord. No. 331]
Any person, organization or corporation violating any of the provisions of this article shall, upon conviction thereof, be punishable by a fine not exceeding $1,000 or imprisonment of not more than 90 days or a period of community service not exceeding 90 days, or any combination of said penalties.
[Adopted 10-17-2019 by Ord. No. 520]
The Township of Alloway shall permit charitable organizations as defined in N.J.S.A. 45:17A-20 to solicit contributions in roadways situate in the Township of Alloway in accordance with the provisions contained herein.
All charitable organizations as defined in N.J.S.A. 45:17A-20 who desire to solicit contributions in roadways situate in the Township of Alloway shall file an application for a permit with the Alloway Township Clerk/Administrator on a form supplied by said Clerk/Administrator. This application must be submitted a minimum of 90 days, suggested 120 days, prior to the planned event date for the fund-raiser. The application is required for the purpose of specify the following information:
A. 
Applicant organization; specifically, name/address (mailing and physical)/phone number.
B. 
Contact information of the person responsible for the motorist solicitation event; specifically, name/address (mailing and physical)/phone number.
C. 
Specific location or locations of proposed charitable solicitation.
D. 
Dates and times of proposed charitable solicitation, including potential rain or inclement weather substitution dates. Solicitation shall only be permitted during daylight hours.
E. 
If said request pertains to a location or locations on any county highway, or intersection of a county highway, said application shall include a copy of an authorization from the Salem County Board of Chosen Freeholders to permit said charitable solicitation, pursuant to N.J.S.A. 39:4-60.
F. 
If said request pertains to a location or locations on any state highway or intersection of a state highway, said application shall include a copy of an authorization from the Commissioner of Transportation of the State of New Jersey to permit said charitable solicitation, pursuant to N.J.A.C. 16:40-1.1 et seq.
G. 
The application shall identify the manner in which the motorist solicitation will be conducted and the procedures to be used to ensure the safety of the members of the public who will be traveling the roadways situate in the Township of Alloway.
Upon the filing of a complete application in accordance with the provisions of this article, the Alloway Township Clerk/Administrator shall present the same to the Alloway Township Committee for its review and consideration, after which the Township Committee shall grant or deny the applicant's request. In the event that the Township Committee grants the applicant's request, a permit shall be issued to the applicant who shall be subject to the representations contained in the applicant's application and any conditions imposed by the Township Committee. Such permit shall be in possession of the person in charge during all times of solicitation and be available for inspection by local, county, and state police enforcement personnel.
In no event shall any charitable organization requesting authorization from the Township of Alloway for said charitable solicitation use any individual under the age of 18 years to perform any function or task associated with said charitable solicitation in any roadway.
A certificate of insurance shall be issued by an insurance company duly licensed in the State of New Jersey. The certificate of insurance must provide general liability insurance in an amount of not less than $1,000,000. The Township of Alloway shall be listed as an additional insured on the certificate and an endorsement to the insurance policy.
There shall be a signed, dated and notarized release and indemnification agreement, signed by the organization sponsor or responsible party, legally binding the organization participant, which shall release and agree to indemnify and hold harmless the Township of Alloway, County of Salem, State of New Jersey, its agents, servants, employees and elected and appointed officials from any and all liability of any kind from injury or physical harm, including death, and damage to property occurring from or alleged to arise out of the event.
Any charitable organization requesting authorization from the Township of Alloway for said charitable solicitation shall comply with all of the terms and conditions of N.J.S.A. 39:4-60, as amended by P.L. 1997, Chapter 82, approved April 30, 1997.