[HISTORY: Adopted by the Township Committee (now Township
Council) of the Township of Eastampton as indicated in article histories.
Amendments noted where applicable.]
[Adopted 11-27-1961 by Ord. No. 1961-2 (Ch. 70, Art. I, of
the 1974 Township Code)]
[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.
[Amended 9-25-1984 by Ord. No. 1984-14[1]]
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
[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.
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.
[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; 12-16-2019 by Ord. No. 2019-20]
A fee of $50 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.
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.
[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]
[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.
E.
"No
soliciting" or "no knock" signs placed on a resident's property
shall be strictly adhered to by the peddler or solicitor.
[Added 12-16-2019 by Ord. No. 2019-20]
F.
The peddler
or solicitor shall not conduct any peddling or soliciting activities
on properties identified on the Township's No Knock List.
[Added 12-16-2019 by Ord. No. 2019-20]
G.
The Township shall maintain a "No Knock List," a copy of which shall be provided to all peddlers or solicitors required to be licensed pursuant to Chapter 374, in accordance with the provisions of N.J.S.A. 47:1A-5. The Township Clerk shall charge a fee for a copy of the "No Knock List," in accordance with the Open Public Records Act. Residents may register their name and address with the Township Clerk for placement on the "No Knock List," indicating that such resident does not want persons so licensed to approach the registered home and/or seek personal contact with the occupants of the registered home. Once the resident's name has been added by the Township Clerk to the "No Knock List," the resident shall be permitted to post a "no knock" sign by the front entrance of his or her home to advise the solicitor and canvasser. The "No Knock List" shall be provided by the Township Clerk to the Police Department for enforcement and may be posted in public places. It shall be unlawful for any licensed peddler or solicitor to approach a registered home and/or seek personal contact with the occupants therein if the resident has registered on the "No Knock List" or posted a "no knock" sign. Registration on the "No Knock List" shall expire five calendar years following the end of the calendar year of registration, unless renewed by notifying the Township Clerk.
[Added 12-16-2019 by Ord. No. 2019-20]
H.
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.
[Added 12-16-2019 by Ord. No. 2019-20]
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]
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:
(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.
[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.
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.
[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.
[Adopted 3-29-1971 by Ord. No. 1971-3 (Ch. 70, Art. II, of
the 1974 Township Code)]
As used in this article, the following terms shall have the
meaning indicated:
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.
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.
[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.
[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.
[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]
No temporary merchant shall operate and conduct his business
without an appropriate license, to be secured from the Municipal Clerk.
[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.
[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.
[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.
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.
[Added 11-23-1998 by Ord. No. 1998-12]
