[HISTORY: Adopted by the Township Committee of the Township
of Union (now Barnegat) 6-17-71. Amendments noted where applicable.]
It shall be unlawful for any canvasser or solicitor, as defined in §
52-2 hereof, to engage in such activity in the Township of Barnegat without first obtaining a license therefor in accordance with the provisions of this ordinance.
When used in this ordinance, the following words or terms shall
have the following meanings:
SOLICITOR or CANVASSER
Shall mean and include any person, whether or not a resident
of the Township of Barnegat who goes from house to house, from place
to place or from street to street, whether on foot or by conveyance
of any kind, nature or sort, soliciting, taking or attempting to take
orders for the sale of services, goods, wares, merchandise, for future
performance or delivery, whether or not such individual has, carries
or exposes for sale a sample of the subject of such order, and whether
or not he is collecting advance payments on such sales or orders.
[Amended 4-3-2018 by Ord.
No. 2018-09]
PERSON
Shall include any individual, partnership, partner, corporation
or corporations.
HIS
Shall also include "her" or "its."
Applicants for a license under this ordinance shall file with
the Clerk an application, in duplicate, on forms to be furnished by
the Township Clerk, that shall give the following information, all
of which shall be sworn to:
A. Name and physical description of the applicant.
B. Permanent home address and local mailing address and telephone number,
if any, of the applicant; and motor vehicle license and registration
if a motor vehicle is to be used in the activity for which the applicant
requests a license.
C. A brief description of the nature of the business or activity; the goods or items as described in the definition of "solicitor or canvasser" in §
52-2 hereof intended to be sold; the name and address of the principal office of the manufacturer thereof and/or of the principal for whom or which such applicant is acting as agent, employee or representative; and the length of time for which such agency, employment or representation has existed, and credentials establishing such relationship.
D. A statement as to whether or not the applicant has ever been convicted
of any crime, misdemeanor or violations of any municipal ordinance,
other than a traffic violation; the nature of the offense; the place
where convicted; and the punishment or penalty, if any, assessed therefor.
E. If the applicant is a partnership or corporation, then it shall set
forth the names of its employees or representatives who are to engage
in the business or activity for which the license is requested, as
part of its application, and shall furnish the same information for
each of such persons as above set forth.
[Amended 4-3-2018 by Ord.
No. 2018-09]
The licenses issued shall be classed as "individual" for those
issued to individual applicants, and "corporation/partnership" for
all others.
[Amended 4-3-2018 by Ord.
No. 2018-09]
The licenses issued shall be valid for thirty (30) days, per
twelve (12) month period, at the discretion of the Township Committee
following the date of the issuance thereof and shall be invalid thereafter.
Date of expiration on the license will be enforced.
[Amended 4-3-2018 by Ord.
No. 2018-09]
A. Upon receipt of such application, the original thereof shall be referred
immediately by the Clerk to the Chief of Police of the Township, who
shall cause to be made such investigation of the applicant's
business and moral character as he deems necessary for the protection
of the public welfare.
B. Such investigation shall be commenced within thirty (30) days after
the receipt of such application, and the said Chief shall endorse
thereon his approval or disapproval and, if disapproved, his reasons
therefor; and he shall immediately notify the applicant that his application
has been disapproved, his reasons therefor; and he shall immediately
notify the applicant that his application has been disapproved; the
application, so endorsed, shall be forthwith returned to the Township
Clerk. Each applicant shall agree to a criminal background check,
which will be completed by the Barnegat Police Department.
C. A certification by the applicant and each of the applicant's
employees that are expected to participate in the applicant's
activities as approved by this section that each individual has not
been convicted of a crime or disorderly persons offense involving
moral turpitude within a period five (5) years preceding the date
of application. Conviction of a criminal offense shall be cause for
disqualification.
D. If the application has been disapproved by the Chief of Police, such
applicant may file with the Township Clerk a request in writing for
a hearing on the ruling of the Chief of Police, and the Township Committee
shall then set a time and place for a hearing on such request, which
hearing shall be within ten (10) days after receipt of the written
request therefor; at such hearing the applicant shall have full and
ample opportunity to present facts and circumstances to support the
issuance of a license in accordance with the application, and said
body shall then decide whether the applicant should receive such license.
[Amended 4-3-2018 by Ord.
No. 2018-09]
The fees for licenses shall be one thousand dollars ($1,000)
for the first individual and one hundred fifty dollars ($150) for
additional applicants, which sum shall be paid to the Clerk at the
time of issuance of the license. If the applicant is a partnership
or corporation and has one (1) or more employees or representatives,
or an individual having employees or representatives, who are to participate
in the business or activity for which a license is requested, then
in addition to the said sum of one thousand dollars ($1,000) such
applicant shall pay an additional sum of one hundred fifty dollars
($150) for additional expense of investigation of each additional
person and for the issuance of the duplicate copy of such license,
which is to be carried by each additional person.
The hours of operation by a canvasser or solicitor under this
ordinance shall be between 10:00 a.m. and 4:30 p.m., local time.
Any person violating any of the provisions of this ordinance
shall, upon conviction thereof, be punished by a fine not exceeding
five hundred dollars ($500) or imprisonment for not more than ninety
(90) days, or both.
[Amended 7-1-91 by Ord. No. 1991-30; 4-3-2018 by Ord. No.
2018-09]
When used in this ordinance, the following terms shall have
the following meanings:
HIS
Shall also include "her" or "its."
MOBILE VENDOR
Shall mean and include any person, whether or not a resident
of the Township of Barnegat, traveling about the Township of Barnegat
either on foot, by vehicle or by any other manner, means or method,
who shall go from house to house, place to place or street to street,
conveying or transporting goods, products, wares, merchandise, food
or drink or any product thereof, offering or exposing the same for
sale, or making sales and delivering articles to purchasers, or who
engages in any of the foregoing activities from a stationary location
on the street or other public place.
[Amended 4-3-2018 by Ord.
No. 2018-09]
PERSON
Shall include any individual, partnership, partner, corporation
or corporations.
[Amended 4-3-2018 by Ord.
No. 2018-09]
It shall be unlawful for any mobile vendor, as herein defined,
to engage in such activity within the Township of Barnegat without
first obtaining a license therefor in accordance with the provisions
of this ordinance.
[Amended 5-3-93 by Ord. No. 1993-20; 8-15-94 by Ord. No. 1994-21; 5-1-06 by Ord. No. 2006-12; 4-3-2018 by Ord. No. 2018-09]
Applicants for a license under this ordinance shall file with
the Township Clerk an application, in duplicate, on forms to be furnished
by the Township Clerk, that shall give the following information,
all of which shall be sworn to:
A. Name and physical description of the applicant.
B. Permanent home address and local mailing address and telephone number
of the applicant; and motor vehicle license, registration and insurance
information if a motor vehicle is to be used in the activity for which
the applicant requests a license.
C. A description of the business or activity; the goods or items as
described in the definition of mobile vendor; the name and address
of the principal office of the manufacturer thereof and/or of the
principal for whom or which such application is acting as agent, employee
or representative, and the length of time for which such agency, employment
or representation has existed, and credentials establishing such relationship.
D. Two (2) letters of recommendation addressed to the Chief of Police
concerning applicant's moral character, from a non-family member.
E. Two (2) photographs of the applicant taken within sixty (60) days
immediately prior to the date of the application, which photographs
shall clearly show the head and the shoulders of the applicant and
shall measure two by two (2 x 2) inches.
F. A full set of the applicant's fingerprints to be processed by
the Township Police Department to be sent to State Police to be checked
for criminal background check.
[Amended 5-3-93 by Ord. No. 1993-20]
G. A certification by the applicant and each of the applicant's
employees that are expected to participate in the applicant's
activities as approved by this section that each individual has not
been convicted of a crime or disorderly persons offense involving
moral turpitude within a period five (5) years preceding the date
of application. Conviction of a criminal offense shall be cause for
disqualification.
H. If the applicant is a partnership or corporation, then it shall set
forth the names of its employees or representatives who are to engage
in the business or activity for which the license is requested, as
part of its application, and shall furnish the same information for
each of such persons as above set forth; fee applies to each applicant
conducting transactions.
[Amended 4-3-2018 by Ord.
No. 2018-09]
For each license issued to sell any goods, wares or merchandise,
each applicant conducting transactions shall pay to the Township of
Barnegat the sum of one hundred fifty dollars ($150.), and said license
shall expire December 31st, next ensuing the date of issuance.
[Amended 4-3-2018 by Ord.
No. 2018-09]
A. Upon receipt of such application, the original thereof shall be referred
immediately by the Clerk to the Chief of Police of the Township, who
shall cause to be made such investigation of the applicant's
business and moral character as he deems necessary for the protection
of the public welfare.
B. Such investigation shall commence within thirty (30) days after the
receipt of such application, and said Chief shall endorse thereon
his approval or disapproval and, if disapproved, his reasons therefor,
and he shall immediately notify the applicant that his application
has been disapproved; the application, so endorsed, shall be forthwith
returned to the Township Clerk.
C. If the application has been disapproved by the Police Chief, such
applicant may file with the Township Clerk a request in writing for
a hearing on the ruling of the Chief of Police, and the Township Committee
shall then hear such case at their next regularly scheduled meeting,
in no case to be more than thirty (30) days after the filing of such
a request. At such hearing the applicant shall have full and ample
opportunity to present facts and circumstances to support the issuance
of a license in accordance with the application, and said body shall
then decide whether the applicant should receive such license.
D. If the application has been approved by the Chief of Police, he shall endorse his approval thereon and shall promptly return it to the Township Clerk, who, upon payment of the prescribed license fee, as stated in Section
52-13, shall execute the license and advise the applicant. The Township Clerk shall keep a record of all licenses issued, the fees received and of all complaints made, if any, concerning each licensee.
All persons holding a license shall exhibit it upon the request
of any citizen, and, while engaged in the activity for which the license
was issued, each person shall wear and display such badge conspicuously
on the front of his clothing.
[Amended 4-3-2018 by Ord.
No. 2018-09]
On each day that such licensee or its agents or employees shall
travel about the Township of Barnegat to engage in the activity for
which the license was issued, the Chief of Police or his representative
shall be notified of the intention so to do in order that the; Police
Chief shall know who is traveling about the Township and for what
purpose and whether such person is licensed so to do.
A. Licenses issued under this ordinance may be revoked by the Township
Committee of the Township of Barnegat after reasonable notice and
hearing for any of the following causes:
(1) Misrepresentation, fraud or false statement contained in the application
for the license.
(2) Misrepresentation, fraud or false statement made in the course of
carrying on the activity for which the license was issued.
(3) Conviction of any crime or misdemeanor involving moral turpitude.
(4) Any violation of this ordinance.
(5) Conducting the business of a peddler, as herein defined, in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
B. Notice of a hearing for revocation of a license shall be given in
writing, setting forth specifically the grounds of complaint and the
time and place of hearing. Such notice shall be mailed, with postage
prepaid thereon, or may be delivered at the last known address of
the licensee or may be given to the licensee personally at least five
(5) days prior to the date of hearing.
[Amended 4-3-2018 by Ord.
No. 2018-09]
The equipment used or employed by mobile vendors of ice cream,
foods, beverages, confections and other related commodities shall
be maintained in a clean and sanitary manner and shall be subject
to inspection by the Board of Health and shall comply with the laws
of the State of New Jersey and the rules and regulation of the local
Board of Health.
[Amended 7-7-80 by Ord. No. 1980-241]
A. No licensee shall have any exclusive right to any one (1) place upon
any sidewalk, street or other place or area within the Township nor
be permitted to operate in any congested area where such operations
might impede or inconvenience the public. For the purpose of this
ordinance, the judgment of a police officer, exercised in good faith,
shall be deemed conclusive as to whether the area is congested or
the public impeded or inconvenienced.
B. No licensee shall remain in any location within the Township except
for the time necessary to complete sales transactions. In the event
said licensee shall remain in any location for ten (10) minutes or
longer subsequent to his or her last sale, said licensee shall be
in violation of this chapter and subject to the fines and penalties
set forth herein.
The hours of operation by a hawker, peddler or vendor under
this ordinance shall be between 10:00 a.m. and one (1) hour before
sunset, local time.
[Amended 4-3-2018 by Ord.
No. 2018-09]
A. Any person honorably discharged from the United States military or
naval service, as now defined in N.J.R.S. 45:24-9a or as may hereafter
be defined, shall be exempt from paying the license fee as provided
herein but shall be required to comply with all other applicable sections
of this ordinance and shall be required to register with the Township
Clerk and obtain a vendor's permit which will be issued by the
Clerk without charge upon identification and exhibition of such state
license.
B. Nonprofit organizations.
[Amended 6-1-92 by Ord. No. 1992-7]
(1) Any nonprofit, religious, charitable, educational, political, civic
or veterans' organization, society, association or club desiring
to sell any item or merchandise for a religious, charitable, patriotic,
educational, civic or philanthropic purpose shall be exempt from the
provisions of § 53-13 as it references the required fee,
provided that there is filed a sworn application, in writing, with
the Township Clerk by individual so doing, if done on an individual
basis. If being done on a group basis by numerous individuals as agents,
employees or for the purpose of conducting an open air or "flea market,"
those individuals operating under the sponsorship of the nonprofit
organization, the one in charge shall give the following information:
(a)
Name of the individual or organization and purpose of the cause
for which the permit is sought.
(b)
Names and addresses of the individual officers and directors
or trustees of the organization and the address of such organization.
(2) Upon being satisfied that such person is a bona fide representative
of such organization or that such organization as aforesaid is bona
fide and that the agents or representatives or those sponsored by
the organization, who shall conduct the transactions are approved
representatives, the Township Clerk shall issue a permit without charge
to such organization, association, association or corporation to operate
in the Township. Such organization shall supply its agents, representatives,
employees or those sponsored with a badge or ribbon containing the
name of such organization, which shall be worn and conspicuously displayed
on the front of the clothing of such agent, representative, employee
or one sponsored.
C. Any person who conducts a judicial sale under the State or National
laws.
D. Residents of New Jersey who hold an exemption certificate as an exempt
member of a volunteer fire department or volunteer fire engine, hook
and ladder, hose, supply company or salvage corps, from any municipality
or fire district of New Jersey.
[Amended 4-3-2018 by Ord.
No. 2018-09]
Any person violating any of the provisions of this ordinance
shall, upon conviction thereof, be punished by a fine not exceeding
five hundred dollars ($500) or by imprisonment for not more than ninety
(90) days, or both. Persons violating provisions of this ordinance,
upon conviction will have vendor's license revoked.
[Added 7-7-80 by Ord. No. 1980-24]
In the event that any provision of this ordinance shall be found
to be invalid by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.