[HISTORY: Adopted by the Township Committee of the Township of Carneys Point 8-6-2008 by Ord. No. 810.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Sales — See Ch. 169.
ATTACHMENTS
Attachment 1 - Schedule A
[1]
Editor’s Note: This ordinance amended in its entirety former Ch. 157, Peddling and Soliciting, which was comprised of Art. I, Licensing of Canvassers, Peddlers and Solicitors, adopted 12-5-1962 by Ord. No. 160, as amended, and Art. II, Use of Vehicles, adopted 7-9-1975 by Ord. No. 266, as amended.
For the purpose of this chapter, the terms used herein are defined as follows:
PEDDLER
Any person traveling by foot, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying, or transporting goods, wares, merchandise, farm or other food products, offering said items for sale, or making sales and delivering articles to purchasers, or who without traveling from place to place, sells or offers the same for sale from an automotive vehicle or other conveyance.
PERSON
Any individual, firm, partnership, corporation, voluntary association, club, incorporated association, organization and principal or agent thereof.
SOLICITOR
Any person traveling by foot, automotive vehicle or other conveyance, from place to place, from house to house, or from street to street, soliciting orders, subscriptions, contributions, or any other kind of support, or who without necessarily having the intention of making sales distributes literature, pamphlets, handbills, samples and the like for the purpose of information, advertising, or the furtherance of public, political, economic, religious, or social beliefs, doctrines, systems, or projects, or who attempts to sell or solicits orders for goods, wares, merchandise, personal property of any nature whatsoever, farm or other food products, for future delivery, or for services, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale, or whether he is collecting full or partial payment, or advance payment on such sales or not.
SPECIAL EVENTS
Events including, but not necessarily limited to, parades or celebrations of historic occurrences which take place within the Township of Carneys Point.
TRANSIENT MERCHANT
Any person who establishes himself/herself in business within Carneys Point Township by occupying a room, building, tent, lot or other premises for the purpose or intention of remaining there for a limited time for the exhibition and sale of his/her goods, wares, and/or merchandise. The term "transient merchant" shall also include any person who conducts traveling or street shows, exhibitions, carnivals, or circuses, and the like, and in connection therewith sells or displays for sale any goods, wares, merchandise and/or services.
To regulate the conduct of business by transient merchants; to provide for public safety and welfare; to ensure safe vehicular and pedestrian traffic; to prevent dishonest and fraudulent business practices on the part of peddlers, solicitors, and transient merchants.
It shall be unlawful for any peddler, solicitor, or transient merchant, or person seeking to sell or exhibit goods, wares, merchandise, services, or the like, or any other person conducting any exhibition, circus or carnival, traveling or other show, or any other person selling books, magazines, and/or periodicals, to sell or dispose of, or to offer to sell or dispose of, any goods, wares, merchandise, and/or services, or to conduct any exhibition or show, within the Township of Carneys Point without first obtaining a license.
Certain persons, organizations, and activities may be exempt from the licensing requirements of this chapter. The sole responsibility for confirming the status of activities as "exempt" or "nonexempt" lies with the individual or organization intending to conduct activities within the Township of Carneys Point.
A. 
Tax-exempt and charitable organizations. The purpose for exempting tax-exempt and charitable organizations from certain provisions of this chapter is to permit said organization to continue certain of their traditional fund-raising and canvassing activities without first applying for a license. The criteria delineated below shall be used to determine the status of activities, as either exempt or not exempt from the requirements of this chapter. All tax-exempt and charitable organizations should conduct their activities in such a manner as to comply with § 157-6 of this chapter.
(1) 
Any person who is a resident of the Township of Carneys Point who conducts fund-raising activities (such as bake sales, car washes, carnivals, circuses, candy sales, food and beverage sales at sporting events, other exhibitions, or the like) in connection with a bona fide charitable, fraternal, sorority, nonprofit, civic, religious, economic, or social organization, or political party, and where said activities do not exceed 12 hours in duration, shall be considered exempt from the license and fee requirements of this chapter.
(2) 
Any person who is a resident of the Township of Carneys Point who conducts or sponsors fund-raising activities, events or exhibitions that exceed 12 hours in duration shall be classified as a solicitor or transient merchant for the purpose of this chapter, and shall be considered nonexempt, and shall therefore be required to obtain a license in compliance with this chapter. The application fee may be waived by the Carneys Point Township Committee for tax-exempt charitable organizations.
B. 
Persons regularly engaged in business.
(1) 
Salespersons and demonstrators. Any person who in the normal and usual conduct of business regularly rents space at a public facility such as a hotel, motel, restaurant, and/or meeting facility for the purpose of displaying and/or selling goods, wares, merchandise, and/or services shall be responsible to assure that the facility is appropriately zoned and has the necessary use permits for the conduct of the intended business or activity, and has sufficient off-street parking to accommodate the number of patrons expected to attend the activities, events or exhibitions. Upon confirming that the facility meets the requirements stipulated herein, the salesperson or demonstrator shall be deemed exempt from the license and fee requirements of this chapter.
(2) 
Home delivery. Any person who engages in delivery of wares, goods, merchandise, and/or services, or other articles or items, during the course of normal and usual conduct of business, and so long as such delivery is made to the premises ordering or the premises entitled to receive the same, shall be considered exempt from the license and fee requirements of this chapter.
C. 
Sales required by or covered by stature, legislation or court order.
(1) 
Other license and permit holders. Any person occupying property and selling under authorized approval, licenses, and use permits issued and authorized by officers of the Township of Carneys Point shall be considered exempt from the license and fee requirements of this chapter.
(2) 
Sales pursuant to statute or court order. Any person who conducts sales pursuant to statute or court order shall be considered exempt from the license and fee requirements of this chapter.
D. 
Others.
(1) 
Home gardeners.
(a) 
Homeowners. Any person who is a homeowner within the Township of Carneys Point who maintains a garden or nursery at the site of his/her residence may offer for sale "in season" garden and nursery products harvested from his/her garden at the site of said residence, provided at least 75% of the garden or nursery products offered for sale have been grown on the premises, and provided the display area does not exceed 35 square feet and shall be considered exempt for the purpose of this chapter.
(b) 
Tenants. Any person who is a tenant within the Township of Carneys Point who maintains a garden at the site of his/her residence, who has the express written permission and consent of the property owner, may offer for sale "in season" garden produce harvested from his/her garden at the site of said residence, provided at least 75% of the garden products offered for sale shall have been grown on the tenant's premises, and provided the display area does not exceed 35 square feet and shall be considered exempt for the purpose of this chapter.
(c) 
Farmers. Any person who is a resident farmer within the Township of Carneys Point, and who farms one or more acres of ground within the Township of Carneys Point, may offer for sale at the site of said farm "in season" agricultural products harvested from the farm site provided at least 75% of the agricultural products offered for sale have been grown on the farm site, and provided the display area does not exceed 150 square feet and shall be considered exempt from the license and fee requirements of this chapter.
Any person who desires to obtain a license for the conduct of business or activities described in this chapter shall file an application for a license with the Township Clerk. The application for a license must be filed 20 calendar days prior to the anticipated activity to be licensed. The twenty-day limitation may be modified, for good cause, by resolution of the Township Committee. The application for a license shall contain the following information:
A. 
General and pertinent information:
(1) 
Name of applicant.
(2) 
Permanent address of the applicant.
(3) 
New Jersey state sales and use tax number.
(4) 
Social Security number.
(5) 
Federal tax identification number.
(6) 
Proposed location of sale or activity.
(7) 
Description of goods, wares, merchandise, or services to be offered, the type and nature of the business to be conducted, and in the case of solicitors, activities to be conducted.
(8) 
Length of time desired for the license.
(9) 
Hours during which the applicant intends to conduct the activity, sell his/her goods, wares, merchandise and/or services, and in the case of solicitors and canvassers, the hours during which activities are to be conducted.
(10) 
Statement containing the make, model, manufacturer and color of any and all automotive vehicles to be used during the conduct of business or activities, including license plate number and state of registry.
(11) 
The application form shall include the following language: "By signing this application, I consent to a criminal history inquiry and authorize the release of information associated with all such investigation."
(12) 
Upon submission of the application and fee, the applicant will be directed to the Carneys Point Township Police Department, where the applicant will be provided with an application for fingerprinting through Sagem Morpho to obtain a criminal background check. The applicant will receive a case number. Any fee for fingerprinting/criminal history background check required by Sagem Morpho shall be paid by the applicant. Locations where fingerprinting is available will be provided. When the response to the criminal history inquiry is received by the Township Police Department it shall be immediately turned over to the Township Clerk. The Chief of Police may, in his discretion, rely upon a previous history inquiry which he or she had made within one year of the current application.
[Amended 2-19-2014 by Ord. No. 886]
(13) 
The applicant shall provide the Township Clerk with three two-inch-by-three-inch photographs showing the head and shoulders of the applicant and/or his/her salesperson(s), agent(s), or representative(s) who are to be licensed. Said photographs must be current and shall exhibit a close resemblance of such person(s).
(14) 
No applicant or organization shall be permitted to solicit money donations in the streets and/or from vehicular traffic for more than two days per calendar year.
[Added 2-17-2016 by Ord. No. 912]
B. 
Applicants and/or their salespeople, agents, or representatives shall, upon request by the Township Clerk, submit and consent to fingerprinting.
C. 
Upon determining that the required information has been submitted, the Township Clerk shall present the application and any supporting documentation to the Carneys Point Township Committee for its consideration.
D. 
If the application for a license is not approved, the Clerk of the Township of Carneys Point shall notify the applicant, in writing, of the denial.
E. 
Applicants who are considered to be transient merchants and/or who intend to operate from a fixed location shall provide documents with sufficient detail to indicate that the intended location will comply with § 157-6 of this chapter.
F. 
Applicants shall have no exclusive rights to any location. The issuance of a license and/or resolution of conflicts concerning use of a particular location shall be made by considering the date the application was received by the Township Clerk.
The right of transient merchants to operate from a fixed location shall be limited and governed by the following restrictions:
A. 
Number of sites permitted by licenses. Licenses issued to transient merchants are valid for use at one location only. Transient merchants who intend to establish more than one location for sale of goods, wares, merchandise and/or services shall be required to obtain a license for each location.
B. 
Location restrictions.
(1) 
The location of the sale shall not be situated closer than 250 yards to any permanent business which offers for sale the same or similar merchandise or services.
(2) 
The location of the sale shall not be situated closer than 750 feet to any other transient merchant.
C. 
Signs.
(1) 
No signs advertising the sale or presence of the transient merchant shall be installed in or on any sidewalk, right-of-way, utility pole, traffic signs, street signs, or any other municipal marker.
(2) 
Only two temporary signs are permitted; however, said temporary signs shall not exceed 16 square feet each, and shall not be positioned so as to obstruct or interfere with vehicular or pedestrian view, and not closer than 50 feet to street corners.
(3) 
Signs shall not contain or be illuminated by flashing or blinking lights.
D. 
Location of displays. Display for sale of goods, wares, and/or merchandise shall be set back from curbs at least 12 feet where curbs exist, 30 feet from the center line of dual highways, and 50 feet from the center line of four-lane highways.
E. 
Driveways, entrances, exits. All driveways, openings cut in curbs for vehicular entrance and exit, and all other property entrances and exits shall not be blocked by any vehicle, display or other encumbrance. Driveways and other entrances and exits shall remain open for vehicular traffic, and existing traffic patterns on the property must be preserved and maintained.
F. 
Off-street parking.
(1) 
A minimum of 10 off-street parking spaces that are at least 10 feet wide and 16 feet long must be available at the site of the sale. Such parking spaces must be easily and safely accessible. Site location should not encourage illegal parking.
(2) 
The location of sale shall not be fixed on sidewalks or streets. Operations fixed on a sidewalk or street shall constitute a trespass on a public easement and will be dealt with accordingly. A sidewalk may not be turned into a public marketplace.
G. 
Hours of operation for solicitors, canvassers.
(1) 
Solicitors shall not conduct their activities between the hours of 9:00 p.m. and 9:00 a.m., or at any time when a sign has been posted on a building stating "No Solicitors" and/or "No Peddlers," or words to that effect; however, registered solicitors may call upon the occupants of residences at other times when he/she has received express permission from the occupant prior to doing so.
(2) 
Transient merchants and peddlers shall not sell their goods, wares, and/or merchandise, or pursue their activities between the hours of 8:00 p.m. and 8:00 a.m. These times may be modified by duly adopted resolution of the Township Committee in accordance with the provisions of Subsection G(4) hereof.
(3) 
Tax-exempt and charitable organizations may seek exemption from the operating hours identified above for the conduct of special fund-raising activities such as carnivals, circuses, exhibitions and the like. Organizations desiring such exemptions shall file a written request for conduct of special fund-raising activities such as carnivals, circuses, exhibitions and the like. Organizations desiring such exemptions shall file a written request for conduct of special fund-raising activities outside the hours identified above through the Township Clerk.
(4) 
Based on the geography of this Township and the necessity to insure that sufficient security is provided for special events, the Township Committee, by duly adopted resolution, may restrict the number of licenses issued to transient merchants and peddlers in accordance with the provisions of this chapter, and the Township Committee may also restrict the time and place where the peddlers and transient merchants ply their trade. When restrictions are placed on the number of licenses issued in accordance with the provisions of this paragraph, licenses shall be granted on a first-come, first-served basis.
H. 
Violations. If the site selected by a transient merchant, or activities conducted thereon, are found to be in conflict with any of the aforementioned restrictions and regulations, it shall constitute a violation of this chapter and shall be cause for suspension of the license pending investigation, and may result in revocation of the license and/or denial of future application(s) for licensure.
Permission to conduct business or activities shall be granted only to the person(s) identified on the license, and shall expire at the end of the period specified on the license. In all cases information designated on the license shall not supersede or abridge the provisions or requirements of this chapter. The following applies to issuance of licensure:
A. 
Approval or denial of a license shall be indicated on the reverse side of the application. The license shall be issued in the form of a card with a picture of the licensee affixed to the card, and shall bear the signature of the licensee and the Carneys Point Township Clerk.
B. 
The licensee shall not permit nor authorize persons other than those named in the license to engage in business thereunder. Said license shall not be transferable to any other person(s).
C. 
A sublicense may be issued by the Township Clerk, for a period not to exceed one week, in cases where a person, firm or corporation regularly operates a truck or other motor vehicle from which merchandise is to be sold or delivered. Sublicenses may be issued to substitute drivers or to a route foreman by the payment of a fee of $5, and upon said substitute driver signing the license application and furnishing fingerprints and pictures as required herein.
All licenses shall be issued on forms provided by the Carneys Point Township Committee, shall be consecutively numbered, and shall contain blank spaces for the name, amount of the fee paid, spaces for the picture and signature of the licensee, and for the signature of the Carneys Point Township Clerk.
Peddlers and solicitors shall carry with them at all times the license issued them by the Township of Carneys Point and transient merchants and others acting as transient merchants shall be required to prominently display the license issued by the Township of Carneys Point at the place of business while engaged in the business activity. Licensees shall produce the license upon request by any official of the Township of Carneys Point. Failure to comply may result in suspension of licensure pending investigation.
The fees for licenses authorized pursuant to this chapter shall be assessed as delineated in Schedule A.[1]
[1]
Editor's Note: Schedule A is located at the end of this chapter.
The Carneys Point Township Police Department is empowered to enforce the provisions of this chapter. It shall be the duty of the Chief of Police or his designee to investigate alleged violations of this chapter. The Chief of Police or his designee shall notify the Township Committee of alleged violations. The Chief of Police or his designee shall be responsible to prosecute alleged violations before the municipal court.
A license may be revoked by the Township Committee upon proof to the satisfaction of the Township Committee that a licensee has violated the terms of the license, this chapter, or any state or federal statute; or for falsification or material misrepresentation in the application for licensure.
Any person who violates the provisions of this chapter shall, upon conviction thereof, pay a fine of not more than $500 or be imprisoned in the county jail for not more than 90 days, or both.