[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]
[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.
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:
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.
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:
(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.
E. Date when application was approved.
[Amended 9-20-2007 by Ord. No. 409]
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.
All approved solicitations shall be conducted at signalized
intersections during daylight hours.
An approved event shall be permitted for no longer than three
consecutive days.
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.