For the purpose of this chapter, the terms used herein are defined
as follows:
MOBILE VENDOR
A person selling or exposing for sale articles of merchandise,
food, goods or services from a motor vehicle, cart, or movable facility
or display, also known as a "huckster"; a person commonly referred
to as a "peddler" or "hawker" who goes from place to place by traveling
on the streets either by foot, wagon, motor truck, or any type of
conveyance, or from house to house or door to door carrying goods,
wares and/or merchandise for the purpose of selling and delivering
them to consumers; a person who goes from place to place by traveling
on the streets or from house to house or door to door for the purpose
of purchasing goods or merchandise, including the purchase of junk,
household goods or discarded items; a person also known as a "solicitor"
or "canvasser," selling goods, merchandise or services by samples
or taking orders for future delivery with or without accepting an
advance payment for the goods. A holder of a vendor license shall
not be considered a concessionaire or operate as a concessionaire
at a special event or market licensed as a concessionaire for such
special event or market.
PERSON
Includes the singular and plural and shall also mean and
include any person, firm, corporation or partnership or other fictitious
person or de jure entity.
There is hereby created a mobile vendor license, which shall
be subject to the following:
A. A vendor license may be issued only to a natural person whose application
for said license shall be approved as set forth in this section.
B. The number of vendor licenses issued shall not exceed four.
C. In no event shall more than one vendor license be issued to any person.
D. Each licensee, as of the date of adoption hereof, who is in good standing under this section and its predecessor, shall be permitted to renew said license by complying with §
206-7.
E. All vendor licenses shall terminate December 31 of the year of issue.
F. Completed license applications shall be filed with the Borough Clerk
no earlier than October 1 and no later than November 1 of the calendar
year prior to that for which a license is sought.
G. If a license or licenses are available for a given calendar year, late application can be made within the same given calendar year upon good cause being shown by the applicant to the satisfaction of the Mayor and Council and if the request is made at least 90 days prior to the first day of operation. The applicable fee may be prorated based upon approval of the governing body. However, such licenses shall not be entitled to the benefits of §
206-7B of this chapter.
No mobile vendor shall issue to any individual, organization,
or entity who shall directly or indirectly exclude, withhold or deny
any person of any advantage, privilege, membership, or right, or otherwise
discriminate against said person on account of race, creed, color,
national origin, ancestry, marital status, or sex or otherwise as
prohibited by law; nor shall the Borough Clerk or his agent refuse
to issue a license on account of race, creed, color, national origin,
ancestry, marital status, or sex or otherwise as prohibited by law.
The following shall be exempt from all provisions hereof, except §§
206-1,
206-2,
206-4,
206-5,
206-7,
206-8 and
206-9 with relation to violation of applicable sections hereof, violation of which shall be unlawful:
A. Federal census takers and polls or surveys taken pursuant to federal,
state or local laws.
B. Any veteran or volunteer fireman who holds a special license issued
pursuant to N.J.S.A. 45:24-9 and 45:24-10; provided, however, such
licensee shall notify, in writing, the Chief of Police of the Borough,
prior to any soliciting within the Borough, the dates and approximate
area in which such licensee intends to solicit. Such notification
shall also include the licensee's license number, date issued
and county where issued.
C. Nonprofit organizations.
(1) Any nonprofit, religious, charitable, civic or veteran organization,
service or club, or volunteer fire or first-aid company, that is located
in, has a substantial membership from, or provides substantial service
to the Borough or its inhabitants, soliciting, in its name or for
a bona fide not-for-profit purpose, money, donations, or financial
assistance of any kind or selling or distributing any item of literature
or merchandise for which a fee is charged and which sale or distribution
does not constitute a special event or market, as defined in this
Code; provided, however, that that organization, service, club or
volunteer fire or first-aid company procures from the Borough Clerk
a special permit by submitting to the Borough Clerk an application
containing:
(a)
Name and address of organization;
(b)
Purpose for which the special permit is requested;
(c)
Names and addresses of the officers and directors of the organization;
(d)
Period and place during which solicitation is to be carried
on; and
(e)
Name, address and position in the nonprofit organization of
the person making the application.
(2) Upon being satisfied that such person, organization or association
is bona fide, the Borough Clerk shall issue a special permit and identification
cards, without charge, for the specified period.
D. Any person engaged in any activity the purpose of which is to aid
or promote the nomination, election, or defeat of any candidate or
candidates for political office, or to aid or promote the passage
or defeat of the public question in any election, or which seeks to
influence the content, introduction, passage or defeat of any legislation.
Any person violating any of the provisions of this chapter shall be liable to the penalties stated in Chapter
1, General Provisions, Article
III, General Penalty, which in no event shall be less than $500, and, upon conviction, shall forfeit such license issued hereunder and the right to renew such a license and shall be ineligible for the issuance of a license hereunder for a period of one year from the date of conviction.