[HISTORY: Adopted by the Township Committee
of the Township of Pittsgrove 11-24-1982; amended in its entirety 5-9-2018 by Ord. No. 2018-4. Subsequent amendments
noted where applicable.]
For the purposes of this chapter, the terms used herein are
defined as follows:
A person who goes from place to place by traveling on the
street or from house to house and carries with him goods, wares and
merchandise for the purpose of selling and delivering them to consumers.
An individual, firm, partnership, corporation, voluntary
association, unincorporated association and principal or agent.
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, which are commercial in nature, for the purpose of information,
advertising, 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/she is
collecting full or partial payment, or advance payment on such sales
or not.
A person commonly referred to either as a "transient merchant"
or "itinerant vendor," who engages temporarily in business in this
municipality by occupying a room, building, tent, lot or other premises
for the purposes of selling goods, wares and merchandise, including
but not limited to fruits, vegetables, fish products, flowers and
other agricultural products. The words "transient merchant" shall
also include any person who conducts any traveling or street show,
carnival or circus and in connection therewith sells or displays for
sale any goods, wares and merchandise.
A person who engages in business in the manner defined above
for the term "transient merchant" and, in pursuance thereto, becomes
a peddler or hires a peddler as defined above for the term "peddler."
The purpose of this chapter is to regulate the conduct of business,
by transient merchants, in a manner consistent with the requirements
and regulations placed upon other land users; to provide for public
safety and welfare; to attempt to prevent dishonest and fraudulent
business practices on the part of peddlers, solicitors, and transient
merchants; and to attempt to ensure that peddlers, solicitors, and
transient merchants do not become a public nuisance, that they are
of good character, and that the causes they represent are in the best
interest of the community.
It shall be unlawful for any hawker, peddler, solicitor, or
itinerant vendor of merchandise, medicines and remedies, any person
conducting any exhibition ground, circus, carnival, medicine show,
traveling or other show and any person selling books, magazines and
other periodicals to sell or dispose of or to offer to sell or dispose
of any goods, wares or merchandise or to conduct any shows within
the Township of Pittsgrove without first obtaining a license, unless
such person is a representative of a charitable organization actively
operating in the Township of Pittsgrove or falls within the class
of people set forth in N.J.S.A. 45:24-9a and b.
A.
(Reserved)
B.
Specifically exempted from the provision of this article and from the meaning of the word "solicitor," as herein defined, are charitable organizations, civic organizations, political organizations, religious organizations, and churches and/or their authorized representatives, all of whom shall be permitted and authorized to solicit without obtaining a permit, as herein set forth. However, they are subject to the requirements of § 93-6B, and would be recommended to carry visible identification with them while pursuing such activities.
A.
Any
person desiring a license shall file with the Township Clerk an application
blank containing the following information for all classes of license:
(1)
The name of the applicant.
(2)
The name, address, and telephone number of the person from whom goods
making up the stock were or are to be purchased.
(3)
The place or places of residence of the applicant.
(4)
The length of time for which the license is desired.
(5)
A description of the goods to be offered for sale.
(6)
The number of arrests or convictions for offenses or crimes and the
nature of the offenses for which arrested or convicted.
(7)
Hours during which applicant intends to conduct the activity, sell
his/her goods, wares, merchandise and/or services, and, in the case
of solicitors, the hours during which activities are to be conducted.
B.
To
the application must be attached:
(1)
A letter from the firm or company for which the applicant purports
to work, authorizing the applicant to act as its representative.
(2)
A copy of a valid certificate of authority to collect New Jersey
sales tax, unless the items sold are exempt.
(3)
A copy of a valid New Jersey driver's license.
(4)
A copy of the sanitary inspection report of the Salem County Department
of Health reflecting satisfactory evaluation of food vendors.
(5)
For applicants other than peddlers, a sketch of the property location
for which the license application is being made. The sketch shall
reflect the licensee's location, vehicles, wares, signs, all structures
located on the property, and all properties and roadways adjacent
thereto.
A.
The
license issued pursuant to this chapter shall expire at the end of
the period specified on the license.
B.
Solicitors
shall not conduct their activities between the hours of 8:00 p.m.
and 9:00 a.m., or at any time when a sign has been posted on a building
stating "No Solicitors," "No Canvassers," 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.
C.
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 9:00
a.m. These times may be modified by duly adopted resolution of the
Township Committee.
D.
There
shall be no restriction on the number of licenses permitted for a
property, but issuance of licenses shall be at the sole discretion
of Township Administration and/or the Township Committee.
[Amended 5-24-2023 by Ord. No. 2023-6]
E.
Licensees shall not conduct business activities or place signs, wares,
carts or other structures within 20 feet from the nearest boundary
line of a public right-of-way or within 250 feet from the center of
the intersection of two or more roads.
A.
All
applications shall be filed with the office of the Township Clerk.
If all sufficient documentation is found to be included, the Clerk
will approve and issue the license. The license to be issued shall
be in the form of a card bearing the signature of the licensee.
B.
The license issued shall not authorize any person except the designated person named in the license to engage in business thereunder. Said license shall not be transferable from the person to whom issued to any other person. In cases where any person, firm or corporation is regularly operating a truck or motor vehicle from which merchandise is to be sold or delivered, sublicenses may be issued by the Clerk to substitute drivers or to a route foreman for a period not exceeding one week, by the payment of a fee as indicated in Chapter A120. Fees, and upon such substitute driver signing the license application and furnishing the information as hereinabove provided. The principal license in all events is to be issued to extra men working with the regular licensee or in place of said licensee.
All licenses shall be issued on forms provided by the Township
Committee and shall be consecutively numbered and shall contain blank
spaces for the name, class of license, amount of fee paid and space
for the picture of the licensee and the signature of the licensee.
Every person holding a license or certificate under this chapter
shall be required to carry the license with him or have it at his
business premises while engaged in the business licensed. He or she
shall produce the license at the request of any resident of the Township
of Pittsgrove.
The fee structure of this chapter has two parts: an application
fee, and a schedule of license fees, and may be revised by the Pittsgrove
Township Committee as provided herein.
A.
Applicants shall pay a fee in the amount of $25 at the time the application
is filed with the Township Clerk. The application fee is nonrefundable.
The provisions of this subsection shall not apply to special events.
B.
The license fee to be paid for the license provided by this chapter shall be in the amount set forth in Chapter A120 of the Code of the Township of Pittsgrove entitled "Fees," and said license shall be valid only for the days for which it is issued. The license will not be issued until such fees have been paid. License fees are nonrefundable.
A license may be revoked by the Township Clerk upon proof to
the satisfaction of a violation of the terms of the license, the violation
of this chapter or any state or federal statute or for falsification
in applying for the license. Any license may be suspended for not
more than two weeks by the issuing officer, without a hearing, for
violations brought to that officer's attention.
Any person, firm or corporation violating any provisions of
this chapter shall be subject, upon conviction, to one or more of
the following: imprisonment in the county jail for any term not exceeding
90 days; or by a fine of no less than $100 and not more than $2,000;
or by a period of community service not exceeding 90 days.
