Township of Eastampton, NJ
Burlington County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Eastampton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Business licenses — See Ch. 185.
Retail food establishments — See Ch. 280.
Garage sales — See Ch. 289.
Noise — See Ch. 343.
Peace and good order — See Ch. 370.
[Adopted 11-27-1961 by Ord. No. 1961-2 (Ch. 70, Art. I, of the 1974 Township Code)]

§ 374-1 License required.

[Amended 10-26-1982 by Ord. No. 1982-13]
It shall be unlawful for any peddler, hawker, vendor, canvasser, solicitor or transient merchant, as hereinafter defined, to engage in such activity within the Township of Eastampton without first obtaining a sales license from the Chief of Police in accordance with the provisions of this article.

§ 374-2 Definitions.

[Amended 9-25-1984 by Ord. No. 1984-14[1]]
As used in this article, the following terms shall have the meanings indicated:
PEDDLER
A person, commonly referred to as a "peddler," "transient merchant," "vendor," "route salesman," or "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.
SOLICITOR
A person selling the above-described articles or services by sample or taking orders for future delivery, with or without accepting an advance payment for the goods and regardless of whether the solicitation is made by telephone or personal contact; the provisions of this article shall apply to the person who comes in contact with the buyer through the delivery of the goods or the acceptance of any monies in payment thereof.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 374-3 Application information.

[Amended 10-26-1982 by Ord. No. 1982-13]
Application to the Chief of Police must contain the following information:
A. 
Name and address of the applicant.
B. 
Description of the applicant.
C. 
Name and address of the firm represented by the applicant, together with credentials establishing exact relationship with the firm.
D. 
A brief description of the nature of the business and the goods to be sold or the nature and purpose of any solicitation to be made.
[Amended 9-25-1984 by Ord. No. 1984-14]
E. 
If a vehicle is to be used, a description of the same, together with the license number.
F. 
The names of at least two property owners in the County of Burlington who will certify to the applicant's good character and responsibility; or in lieu of such names or references, such other adequate evidence of good character and responsibility as will enable an investigator to properly check the same.
G. 
A statement as to whether or not the applicant has ever been convicted of any crime and the nature of the offense.
H. 
Two photographs to be supplied by the applicant.
I. 
Fingerprints of the applicant.
J. 
Such other information as the Chief of Police may deem necessary.

§ 374-4 Investigation and issuance.

[Amended 5-28-1974 by Ord. No. 1974-5; 10-26-1982 by Ord. No. 1982-13[1]]
A. 
The Chief of Police of the Township of Eastampton shall verify the information on the application and cause to be made such investigation as he deems necessary for the protection of public safety. Such investigation shall be completed within 10 days after the receipt of such application, and said Chief shall endorse thereon his approval or, if disapproved, his reasons therefor, and he shall immediately notify the applicant that the application has been disapproved.
B. 
The Chief of Police shall be authorized to issue a sales license upon his approval of an applicant and payment of the fee. Such sales license shall contain the signature of the applicant and the seal of the issuing officer and shall show the name, address, photograph of the said licensee and the kind of goods being sold. A permanent record of all licenses issued shall be kept by the Chief of Police. The Chief of Police shall report to the Township Council the number of licenses issued with a breakdown showing the kind of license issued, at least once a month.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 374-5 Fee.

[Amended 5-28-1974 by Ord. No. 1974-5; 9-25-1984 by Ord. No. 1984-14; 12-22-1987 by Ord. No. 1987-24]
A fee of $25 shall be paid for each license issued for the period January 1 to December 31 of each calendar year or part thereof. The aforementioned fee shall not be required with respect to the solicitation of individuals to be employed in any occupation.

§ 374-6 Licenses not transferable.

No license issued under the provisions of this article shall be used at any time by any person other than to the one it was issued. All licenses issued to individuals must be exhibited to any citizen who requests to see the same.

§ 374-7 Permitted hours of operation.

[Added 7-30-1962]
A. 
Sales activities under the licenses issued shall be carried on only between the hours of 9:00 a.m. and 5:00 p.m., prevailing time, except that vendors from vehicles of ice cream, water ices, sherbets, flavored soda and similar items intended for immediate consumption and nonprofit organizations as described in § 374-9D may also operate between the hours of 5:00 p.m. and 9:00 p.m.
B. 
Any individual having obtained a sales license to solicit persons under 18 years of age to be employed in any occupation shall prior to conducting any such solicitation, register with the Police Department and set forth the dates, times and locations of the proposed solicitation.
[Added 9-25-1984 by Ord. No. 1984-14]

§ 374-8 Regulations.

[Amended 9-25-1984 by Ord. No. 1984-14[1]]
All persons to whom a license shall be issued hereunder shall observe the following regulations, and for any violation thereof, the license shall be immediately revoked by the Chief of Police:
A. 
Parking prohibited. No person or vehicle shall stand or be parked for the purpose of displaying or selling wares or merchandise on public or private property within a business district.
B. 
Fixed location. No vehicle shall be parked upon any public street at a fixed location for the purpose of displaying or selling wares or merchandise.
C. 
License in possession. Every person holding a license under this article shall be required to carry the license described in § 374-4B. He must produce the license at the request of any person solicited, a police officer or other official of the Township of Eastampton.
D. 
Inspection. 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 the rules and regulations of the Burlington County Health Department and fully comply with the laws of the State of New Jersey and the Township of Eastampton.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 374-9 Exceptions.

A. 
This article shall not be construed to include the selling of any article at wholesale to dealers in such articles or the delivery of milk, eggs, bread, newspapers or similar necessary and perishable articles of food or merchandise of a type ordinarily delivered to householders on a daily or frequent periodic basis.
B. 
Any veteran who holds a special license issued pursuant to N.J.S.A. 45:24-10 shall be exempt from the license fee specified herein but shall be required to comply with all other applicable sections.
C. 
Any person who is an exempt member of a volunteer fire district who holds a special license pursuant to N.J.S.A. 45:24-10 shall be exempt from the license fee specified herein but shall be required to comply with all other applicable sections.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Nonprofit groups.
[Amended 10-26-1982 by Ord. No. 1982-13]
(1) 
Any nonprofit religious, charitable, civic or veteran organizations, service club, volunteer fire or first aid company. Boy Scouts or Girl Scouts or similar organizations desiring to solicit or have solicited in its name money, donations or financial assistance of any kind or desiring to sell or distribute any item of literature for which a fee is charged shall be exempt from the operation of this article, provided that there is filed a sworn application in writing with the Chief of Police containing the following:
(a) 
Name and address of the organization.
(b) 
Purpose for which the special permit is requested.
(c) 
Names and addresses of the officers and directors of the organization.
(d) 
Period during which solicitation is to be carried on.
(2) 
Upon being satisfied that such person, organization or association is bona fide, the Chief of Police will issue a special permit without charge for a specified period.

§ 374-10 Revocation of license; hearing.

[Amended 10-26-1982 by Ord. No. 1982-13]
A. 
Licenses issued under this article may be revoked by the Chief of Police after a written five-day notice for any of the following causes:
(1) 
Misrepresentation or false statement contained in the application.
(2) 
Misrepresentation or false statement made in the course of carrying on activities regulated hereby.
(3) 
Conviction of any crime or misdemeanor involving moral turpitude.
(4) 
Conducting the licensed activity in an unlawful manner in violation of this article, or in such a manner as to cause a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
Suspension. A license may be suspended for not more than two weeks by the Chief of Police without a hearing.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
All persons whose license has been revoked may have the right of appeal to the Township Council by requesting a hearing, in writing, to the Township Clerk within 10 days of the revocation. The Township Council shall, within 10 days after receipt thereof, hold a hearing. At the conclusion of said hearing, the Township Council shall either affirm the revocation of said license or order that the revocation be set aside and the license reinstated.

§ 374-11 Violations and penalties.

[Amended 5-28-1974 by Ord. No. 1974-5[1]]
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be subject to the penalty set forth in Chapter 1, Article II, Penalties for Violations, of the Township Code. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 3-29-1971 by Ord. No. 1971-3 (Ch. 70, Art. II, of the 1974 Township Code)]

§ 374-12 Definitions.

As used in this article, the following terms shall have the meaning indicated:
TEMPORARY MERCHANT
Any person who sells or offers to sell any goods, wares, merchandise, fruits, vegetables, nuts or other foodstuffs for a temporary or seasonal period from a stationary position utilizing a type of stand either temporary or permanent in nature.

§ 374-13 Sale from vehicles prohibited.

No temporary merchant shall use to sell or offer for sale his goods, wares or merchandise from any stand which is in fact a motor vehicle, truck or trailer parked on any part of a public street or highway or on private property immediately adjoining a street or highway.

§ 374-14 Proximity to other establishments.

[Amended 11-23-1998 by Ord. No. 1998-12]
No temporary merchant shall utilize a stand closer than 500 feet to another temporary merchant's stand or a fixed store or business establishment. The distance shall be determined by measuring stand-to-stand (closest points) or stand-to-fixed business property line (closest points), whichever is closer.

§ 374-15 Permitted locations.

[Amended 11-23-1998 by Ord. No. 1998-12]
A. 
Temporary merchants shall be allowed only in the R-A Zone and all business zones as shown on the Zoning Map of the Township of Eastampton or on an active farm.
B. 
No merchant shall be permitted to operate from any location anywhere in the Township in such a manner as would constitute a traffic hazard or impede the movement and safety of the public.

§ 374-16 Businesses classified as retail food establishments.

[Amended 5-28-1974 by Ord. No. 1974-5[1]]
Any temporary merchant operating a business which would be classified as a retail food-handling establishment under other Township ordinances must have such license as may be required.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See Ch. 280, Food Establishments, Retail.

§ 374-17 License required.

No temporary merchant shall operate and conduct his business without an appropriate license, to be secured from the Municipal Clerk.

§ 374-18 Application information.

[Added 5-28-1974 by Ord. No. 1974-5; amended. 10-26-1982 by Ord. No. 1982-13; 11-23-1998 by Ord. No. 1998-12]
Applications to the Township Clerk shall contain the following information:
A. 
The name of the applicant.
B. 
The permanent home address of the applicant.
C. 
The name and address of the firm or organization represented.
D. 
The length of time the license is desired.
E. 
A description of the wares, literature or matter to be distributed or offered for sale.
F. 
A photograph of the applicant taken within a period of one year preceding the application and not more than two square inches in size.
G. 
The number, if any, of either arrests or convictions for misdemeanors, crimes or other infractions of the law in the nature of a criminal offense and the nature of the offense for which arrested or convicted.
H. 
The hours during which the applicant wishes to operate.
I. 
The names and addresses of any employees.
J. 
The name of the owner of the premises on which the applicant plans to operate the business and, if a person other than the applicant, his written permission for the applicant to use such premises.
K. 
Such other information as the Chief of Police deems necessary for the proper determination of the advisability of issuance of the license.
L. 
Proof of nonprofit status, if applicable.

§ 374-19 Investigation.

[Added 5-28-1974 by Ord. No. 1974-5; amended 10-26-1982 by Ord. No. 1982-13]
The Chief of Police, prior to issuance of the license, shall cause to be made such investigations as are deemed necessary to ensure that the provisions of this article will be complied with and the welfare of the public safeguarded.

§ 374-20 License types; issuance fee.

[Amended 10-26-1982 by Ord. No. 1982-13; 12-22-1987 by Ord. No. 1987-24; 11-23-1998 by Ord. No. 1998-12]
A. 
Nonprofit fund-raiser license. The Township Clerk, upon written application, shall issue a license good for nine days if the enumerated standards are met. Licenses shall not be granted to the same organization more than six times in any calendar year. Licenses shall not be granted for consecutive periods. Each license shall require a separate application. No license shall be prorated for a period of less than nine days. No fee shall be charged to nonprofit organizations.
B. 
Farm produce license. A farm produce license is a limited retail license allowing for the sale of farm produce only. The Township Clerk, upon written application accompanied by a fee of $100, shall issue a license good for nine months if the enumerated standards are met. Licenses shall not be granted to the same organization more than one time in any calendar year. No license fees shall be prorated for a period of less than nine months.

§ 374-21 Violations and penalties.

[Amended 5-28-1974 by Ord. No. 1974-5; 9-25-1984 by Ord. No. 1984-14[1]]
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be subject to the penalty set forth in Chapter 1, Article II, Penalties for Violations, of the Township Code. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 374-22 Exemptions.

[Added 11-23-1998 by Ord. No. 1998-12]
A. 
Nonprofit organizations having a permanent place of operation and for the purposes of selling items for fund-raisers are exempt from §§ 374-14 and 374-15A.
B. 
This article shall not be construed to include permanent business's sidewalk sales and residential yard sales.