[HISTORY: Adopted by the Council of the City of Perth Amboy 9-17-1991 as Ord. No. 572-91; amended in its entirety 5-18-1993 by Ord. No. 670-93. Amended 10-5-1993 by Ord. No. 687-93; 9-13-2000 by Ord. No. 1052-2000; amended in its entirety 3-9-2011 by Ord. No. 1548-2011. Subsequent amendments noted where applicable.]
As used in this Article, the following terms shall have the meanings indicated:
FIXED PEDDLERS
Includes peddlers who are authorized to conduct business at a specific, designated location only. (Includes marina, train station, fixed exception and fixed peddlers as described in this Article).
MOBILE PEDDLERS
Includes peddlers who are authorized to move about the city for business and are not restricted to a specific, designated location.
PEDDLERS
Includes persons commonly and variously referred to as peddlers, hawkers or hucksters who go from place to place by traveling on foot or by motor or other vehicle on the streets or sidewalks or from house to house and sell services or carry with them goods, wares, merchandise or food or perishable items for sale from motorized vehicles for the purpose of selling and delivering them to consumers. The term "peddler" also includes those persons who engage in selling or offering for sale any ride or other form of amusement on any types of mobile amusement devices, such as whips, fire engines, merry-go-rounds and the like that are usually part of, attached to or pulled by motor vehicles.
[Amended 10-5-1993 by Ord. No. 687-93].
TRANSIENT MERCHANTS
Includes persons commonly referred to as either transient merchants or itinerant vendors, who engage in a merchandising business in the city with intent to close out or discontinue such business within one (1) year from the date of commencement, including those who, for the purpose of carrying on such business, hire, lease or occupy any building, lot, structure or railroad car for the exhibition and sale of such goods, wares and merchandise, but nothing herein shall be construed to affect the sale of fruit, vegetable and farm products such as meats, poultry, butter and eggs.
A. 
No peddler or vendor as defined in this Article, except those described in Subsections C and D of this section, shall sell or dispose of, or exhibit or offer to sell or dispose of, any goods, wares, services or merchandise within the city without first obtaining a peddler license from the City Clerk and paying the requisite fee as set forth in Section 317-9.
B. 
All peddlers or vendors as described in this Article, including those described in Subsections C and D of this section, shall apply for a permit with the Fire Prevention Bureau and pay an annual fee in accordance with N.J.A.C. 5:70-2.7(a)(4)(iv)(5) and N.J.A.C. 5:70-2.9(c)(2) when such peddler uses propane in the preparation of food.
C. 
Honorably discharged veterans and exempt firemen who are properly and legally in possession of the special state licenses issued pursuant to N.J.S.A. 45:24-9 and members of any duly incorporated first aid squads providing volunteer services with the city shall not be required to apply for or possess or pay any fees for peddlers' licenses as herein prescribed, but shall otherwise abide by the regulations and requirements enumerated in this Article.
D. 
Certain charitable, religious and historical societies as defined in N.J.S.A. 45:24-7 are exempt from the requirements for obtaining licenses as long as the societies comply with the provisions of N.J.S.A. 45:24-7.
E. 
The provisions of this Article shall not apply to an individual or organization that has obtained a city permit pursuant to the city's public entertainment ordinance for a single, special event.
[Amended 5-28-2014 by Ord. No. 1724-2014; 5-10-2017 by Ord. No. 1847-2017]
A. 
No peddler or vendor as defined in this Article, shall sell or dispose of, or exhibit or offer to sell or dispose of, any goods, wares, services or merchandise in or around the City's Marina, Sadowski Park or Train Station without first obtaining a marina, Sadowski Park or Train Station peddler license from the City Clerk as applicable.
B. 
There shall be a limit of six (6) Marina, Sadowski Park and Train Station peddler licenses in total. The number of vendors shall at no time exceed three (3) at any of the locations.
C. 
The Marina, Sadowski Park and Train Station licenses shall be awarded by competitive public bidding under the supervision of the City Purchasing Agent and Business Administrator and shall be subject to a lease for a term of three (3) years. The exact placement shall be determined by the Chief of Police or his designee, consistent with demonstrable public safety criteria.
[Amended 5-28-2014 by Ord. No. 1724-2014; 5-10-2017 by Ord. No. 1847-2017]
A. 
The following, pre-existing locations shall require a "fixed exception" peddler license:
(1) 
Corner of New Brunswick Avenue and Fayette Street; and
(2) 
(Reserved)
[Reserved 5-10-2017 by Ord. No. 1847-2017]
B. 
The current licensee operating at the above location shall be entitled to annual license renewal only.
C. 
There shall be a limit of one (1) pre-existing fixed exception peddler licenses.
D. 
Pre-existing fixed exception licenses are not transferable.
E. 
Where a pre-existing fixed exception licensee has a break in service for a period of twelve (12) months or longer, the license shall cease to exist.
[Amended 5-28-2014 by Ord. No. 1724-2014; 5-10-2017 by Ord. No. 1847-2017; 10-27-2021 by Ord. No. 2002-2021; 5-10-2023 by Ord. No. 2086-2023]
A. 
Fixed peddlers shall be permitted at the following locations. The exact placement shall be determined by the Chief of Police or his designee, consistent with demonstrable public safety criteria.
(1) 
Washington Park — limit two (2);
(2) 
Rudyk Park — limit two (2);
(3) 
Caledonia Park — limit one (1);
(4) 
Patten Center — limit one (1);
(5) 
Chamberlain Avenue Field — limit (2);
(6) 
Sadowski Park — limit two (2).
(7) 
Train Station.
B. 
No peddler or vendor shall conduct business at any of the locations enumerated herein without first obtaining a fixed peddler license from the City Clerk for the specified location.
C. 
There shall be a limit of eleven (11) "fixed peddler" licenses.
D. 
Fixed location peddlers, including the Marina and Train Station, may apply for an accompanying mobile peddler license that may be issued and used only for the same vehicle as is licensed for the fixed location.
[Amended 5-28-2014 by Ord. No. 1724-2014]
A. 
No peddler shall be permitted to sell or dispose of, or exhibit or offer to sell or dispose of, any goods, wares, services or merchandise while moving about the city without first obtaining a mobile peddler license.
B. 
Vehicles or carts used by mobile peddlers shall not remain stationary and shall be moved every fifteen (15) minutes.
C. 
(1) 
No person, vehicle or cart shall stand or be parked for the purpose of selling wares or merchandise on any public or private property within a distance of two hundred (200) feet of the nearest public, parochial or private school or house of worship in the city during school hours or hours of religious services. School hours shall mean any time between 7:30 a.m. and 5:30 p.m. on weekdays, during such days as said schools may be in session.
(2) 
Mobile peddlers shall keep a distance of not less than a one (1) block radius from the location of any fixed peddler as defined in this chapter.
D. 
Peddlers are prohibited from using the following streets in the operation of his or her business:
(1) 
Amboy Avenue;
(2) 
Convery Boulevard;
(3) 
Hall Avenue;
(4) 
New Brunswick Avenue;
(5) 
Smith Street; and
(6) 
State Street.
This prohibition shall apply to the entire length of every street enumerated herein.
E. 
There shall be a limit of fourteen (14) mobile peddler licenses.
The total number of peddler licenses issued in the city shall at no time exceed thirty (30). This total includes pre-existing fixed exceptions, marina, train station, fixed and mobile peddlers.
A. 
Any person seeking a license as a peddler shall obtain a blank application form provided by the City Clerk which shall specify the type of license desired by the applicant.
B. 
The completed application form shall contain the following information:
(1) 
Name of applicant.
(2) 
Business address.
(3) 
Permanent home address.
(4) 
Description of the applicant.
(5) 
Description of the nature of business and goods and services to be sold.
(6) 
Names and addresses of firms from which the goods and services making up the stock were or are to be purchased.
(7) 
For a fixed peddler's license, the location where the applicant wishes to conduct business.
(8) 
For a mobile peddler's license, the application shall provide that no fixed location is requested.
(9) 
If farm and orchard products, whether grown by the applicant.
(10) 
Names and addresses of employers or firms represented, with a letter from such employers or firms authorizing the applicant to act as their representative.
(11) 
Description of the vehicle to be used, with the license number.
(12) 
Names and addresses of three (3) business references or three (3) property owners in Middlesex County, who will certify as to the applicant's good character and business responsibility, or, in lieu of the names and references, any other available evidence as to his good character and business responsibility as will enable an investigator properly to evaluate such character and business responsibility of the applicant.
(13) 
Place of residence of the applicant for the preceding five (5) years.
(14) 
Dates, locations and nature of offenses for each arrest and conviction for any crimes.
A. 
Applicants for peddler licenses shall provide proof of insurance at the time of application submission. Licensees must maintain minimum insurance coverage in the following amounts for the duration of the license:
(1) 
Not less than one hundred thousand dollars ($100,000) to satisfy liability for damages by reason of bodily injury or death to another person resulting from a single incident;
(2) 
Not less than three hundred thousand dollars ($300,000) to satisfy liability for damages by reason of bodily injury or death for all persons based upon an accident or incident, by reason of the ownership, operation, maintenance or use of such vehicle upon any public streets;
(3) 
Not less than five thousand dollars ($5,000) to satisfy liability for damages to property of any one (1) person resulting from an accident or incident; and
(4) 
Not less than fifty thousand dollars ($50,000) to satisfy liability for damages to property of all persons on account of any such accident or incident by reason of the ownership, operation, maintenance or use of such vehicle upon any public street.
B. 
The peddler license, if issued, shall become effective and operational only so long as the insurance policy shall remain in force for the duration of the license period.
C. 
Where an applicant is notified that a peddler license will be granted pursuant to a lottery, the applicant shall submit proof of insurance within thirty (30) days of such notice.
In addition to the filing of the completed application form referred to in Section 317-3, a peddler applicant who is also a transient merchant as defined in N.J.S.A. 45:24-1 et seq. shall also fully comply with the provisions of N.J.S.A. 45:24-1 et seq., as amended and supplemented, before his application shall be considered by the City Clerk.
A. 
Sworn applications. Pursuant to N.J.S.A. 45:24-4, each application for a transient merchant's license shall be sworn and shall disclose the name and residence of the owner or person in whose interest such business is conducted; the average quantity and kind, as nearly as can be, and the value of the personal property intended to be sold or exposed for sale in the city; and the names and post office addresses of the persons from whom goods making up the stock were or are to be purchased. The City Clerk, in arriving at the valuation, may require the submission of bills or invoices of such personal property.
B. 
Declaration under oath. Pursuant to N.J.S.A. 45:24-2, each transient merchant, as defined in this Article, shall, before offering for sale any personal property, make a declaration, under oath, to the City Clerk of the number of days he proposes to engage in such business, together with a statement as to the specific location of such personal property by street and number and whether on the premises from which they are to be sold or in warehouses or storage.
C. 
License fee; term of license. Pursuant to N.J.S.A. 45:23-3, each transient merchant shall, before offering for sale any personal property, pay to the City Clerk the license fee prescribed by Section 317-9 of this Article. Upon payment of such fee, the transient merchant shall be entitled to apply for, and if such application is approved he shall receive, a transient merchant's license which shall continue in favor of the person for whom it is issued for the period of one hundred eighty (180) days from the day of issuance.
D. 
Bond. Pursuant to N.J.S.A. 45:24-5, before a transient merchant's license shall issue, the applicant shall execute and deliver to the City Clerk a good and sufficient bond with good and sufficient surety to be approved by the City Clerk equal in amount to twenty-five percent (25%) of the value of the personal property shown in the declarations and disclosures required under the provisions of this section, but in no event shall the bond be less than one thousand dollars ($1,000). It shall remain in force for one (1) year, and shall be conditioned to indemnify and pay the municipality any penalties or costs incurred in the enforcement of any of the provisions of this Article and to indemnify or reimburse any purchaser of such personal property in a sum equal to at least the amount of any payment such purchaser may have been induced to make through the misrepresentation as to the kind, quality or value of the personal property, whether the misrepresentations were made by the owners or their servants, agents or employees, either at the time of making the sale or through any advertisement printed or circulated with reference to such personal property or any part thereof.
E. 
Designation of agent for service of process. Pursuant to N.J.S.A. 45:24-6, before a transient merchant's license shall issue, the applicant shall file with the City Clerk an instrument in writing nominating and appointing the City Clerk his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the license and the bond given as required in Subsection D of this section or for the performance of the conditions of the bond or for any breach thereof. It shall also contain recitals to the effect that the applicant consents and agrees that the service of any notice or process may be made upon such agent and, when so made, shall be as valid as if personally served upon the applicant according to the laws of this or any other state and waiving all claim or right of error by reason of such acknowledgement of service or manner of service.
F. 
License. A separate license shall be obtained for each branch, establishment or separate place of business in which the occupation of a transient merchant is carried on, and each license shall authorize the licensee to carry on, pursue or conduct the business of a transient merchant only at the location indicated hereby.
Any transient merchant who fails to comply with the provisions and requirements of this Article or any part thereof, or makes a false or fraudulent representation in any statement required by this section to be filed by him, or falsely represents by advertising or otherwise that such personal property is in whole or in part damaged goods saved from fire, or makes any false statement as to the previous history or character of such personal property, shall be guilty of a violation of the provisions of this Article.
A. 
Applications for peddler licenses for 2011 must be filed with the City Clerk no later than April 15, 2011. Thereafter, applications for a peddler license must be filed with the City Clerk no later than November 15 of the preceding year.
B. 
In addition to the licensing fee prescribed in Section 317-9, all applicants shall be required to present the following fees and information at the time of application submission:
(1) 
A nonrefundable fee of twenty-five dollars ($25) payable to the City of Perth Amboy for a local background check for each applicant and employee of the business; and
(2) 
Three (3) photos of each applicant or employee of the business. The photos shall be two (2) inches by three (3) inches in size.
C. 
A separate fee shall be payable to the State of New Jersey for the fingerprinting of each applicant and employee of the business.
D. 
The City Clerk shall determine if the number of applications exceeds the number of licenses available for each type of license (i.e. pre-existing fixed exception, fixed, mobile, marina and train station peddlers).
E. 
City Clerk shall arrange for a lottery to be held to eliminate any excess applications.
F. 
The application, after being filed with the City Clerk, shall be forwarded to the Police Department for review. The Police Department shall investigate the information available as to the good moral character of the applicant. The Police Chief or Deputy Police Chief shall then signify the approval or disapproval on the reverse side of the application form, with the reasons therefor, such as conviction of a crime involving moral turpitude.
G. 
IN NO EVENT SHALL ANY LICENSE BE ISSUED UNTIL THE APPLICANT OR OWNER HAS CLEARED THE BACKGROUND CHECK.
H. 
If the application is approved and the payment of fees prescribed by Section 317-9 of this Article has been made, the license shall be issued by the City Clerk.
[Amended 10-26-2011 by Ord. No. 1612-2011; 5-10-2023 by Ord. No. 2086-2023]
A. 
The prescribed fees for peddler licenses are as follows:
(1) 
Fixed location peddler: $500.*
(2) 
Mobile peddler: $200.*
(3) 
Transient merchant: $500.*
(*) Fees include a $50.00 nonrefundable processing fee.
B. 
An additional fee of twenty-five dollars ($25) shall be assessed for each employee operating under the license.
C. 
Seasonal license term.
(1) 
Train Station licensees shall be permitted to operate year-round. All other peddler licenses shall be effective for a period of one hundred eighty (180) days, except for the pre-existing use at the corner of New Brunswick Avenue and Fayette Street, grandfathered under Section 317-2.2A(1) of this chapter, which shall be permitted to operate year round.
(2) 
Train Station licensees shall be permitted to operate January 1 to December 31. All other licensees shall not commence operations prior to March 1 nor operate past October 31, except for the pre-existing use at the corner of New Brunswick Avenue and Fayette Street, grandfathered under Section 317-2.2A(1) of this chapter, which shall be permitted to operate year round.
(3) 
No partial term licenses shall be granted.
A. 
All licenses shall be issued on forms prepared in accordance with this Article. They shall be printed in book form with corresponding stubs and shall be consecutively numbered.
B. 
The license shall contain suitable blank spaces for writing in the name of the licensee, the type of license, the location and type of business, the amount of fee paid and the date of issuance.
[Amended 5-10-2017 by Ord. No. 1847-2017]
To every peddler granted a license, the City Clerk shall also issue for each vehicle, wagon or trailer used in peddling a permit, bearing the words, "Licensed Peddler, City of Perth Amboy" together with the number of the license and the year for which it is issued. The vehicle, wagon or trailer used for such peddling shall have affixed thereon said permit.
Every transient merchant to whom a license shall be granted under this Article shall post his license certificate in a prominent place of his business premises and shall keep the same posted while engaged in the business licensed.
The City Clerk shall keep the necessary books for recording the time that the application for the license is received, the type of license, whether new or renewal, name of licensee, regular number of blank form, the date the background check is approved, the amount of fee received and the date of issuance.
No license issued pursuant to this Article shall authorize any person except the person designated in said license to engage in the business thereunder. Licenses shall not be transferable from the person to whom it was specifically issued to another person.
A. 
Every peddler licensed pursuant to the provisions of this Article shall carry the license at all times while engaged in the trade or occupation in the city.
B. 
Every licensee shall produce his license at the request of any officer of the city.
No peddler or transient merchant shall sell, or exhibit or offer to sell, any food or drink intended for human consumption before properly receiving and maintaining a permit to do so from the Department of Health for the City. Such permit shall be in addition to and not in lieu of any license required pursuant to this Article.
[Amended 5-10-2017 by Ord. No. 1847-2017; 5-10-2023 by Ord. No. 2086-2023]
A. 
Foot peddlers are prohibited within the City limits.
B. 
All vehicles or cars shall be mobile or pulled by a trailer. At the daily close of business, all vehicles or carts shall be removed from the business area, except those holding a Marina, Sadowski Park or Train Station license pursuant to Section 317-2.1.
C. 
All trash shall be removed by the applicant on a daily basis.
D. 
No music shall be played at the fixed locations.
E. 
No music shall be played by the mobile peddlers when stopped or serving customers.
F. 
No music shall be played by ice cream trucks when stopped or serving customers.
G. 
Hours of operation shall be limited to 5:00 a.m. to 7:00 p.m.
[Amended 5-10-2017 by Ord. No. 1847-2017]
A. 
The dimensions of a cart shall not exceed two (2) feet in width, four (4) feet in length and four (4) feet in height including wheel height, while conducting business on any sidewalk.
B. 
The use of any table, crate, carton, rack device or structure of any kind to increase the selling or display capacity of the cart is prohibited.
C. 
The use of any vehicle which exceeds ninety-six (96) inches in width, thirty-five (35) feet in length and thirteen feet six (13'6") inches in height or exceeds the dimensions of the designated space for fixed peddlers is prohibited.
All peddlers shall comply with this, and all other city ordinances including but not limited to all Health Department Regulations.
A. 
Licenses issued pursuant to N.J.S.A. 45:24-10. Pursuant to the provisions of N.J.S.A. 45:24-13, a Judge of the Municipal Court shall have the power to order the cancellation of any license issued under authority of N.J.S.A. 45:24-9 (permitting to special peddler's for certain veterans and exempt firemen) which has been sold or transferred by the original lessee. A Judge of the Municipal Court shall mail the order of cancellation to the County Clerk in whose county the license was granted.
B. 
Any license issued pursuant to the provisions of this Article may be suspended or revoked by the Chief or Deputy Chief of Police for just cause following written notice and the opportunity for hearing before the governing body.
Any person who violates any provision of this Article shall, upon conviction thereof, be punished by a fine not less than one hundred dollars ($100) and not exceeding one thousand dollars ($1,000) or by imprisonment for a term not exceeding ninety (90) days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Whenever used in this Article, unless a different meaning clearly appears from the context, the terms used herein are defined as follows:
CHARITABLE, NONPROFIT and PHILANTHROPIC
Includes patriotic, educational, service, welfare, benevolent, civil or fraternal corporations, organizations, associations, societies and the like, not organized for private gain. Examples of nonprofit organizations include veterans groups and organizations which assist the poor, the aged, the sick, the physically handicapped or mentally ill, or which aid victims of fire, flood or similar catastrophe. This enumeration is intended to be typical and shall not be construed as exclusive. All applicants shall provide satisfactory proof of nonprofit status upon request, including but not limited to evidence of tax exemption.
COIN TOSSES
The request directly or indirectly, of money, credit, property, financial assistance and other things in support of a charitable and philanthropic purpose, as defined in this Article, through the use of metal or plastic containers, canisters, pails, buckets, baskets, vessels, jars, dishes, bowls or pots on the public streets.
[Added 9-13-2000 by Ord. No. 1052]
CONTRIBUTION
Includes alms, food, clothes, money, subscription or property of any nature or kind.
PERSON or ORGANIZATION
Any natural person, individual, firm, copartnership, corporation, company, association, church, religious denomination, society, class or league and principal or agent thereof.
SOLICIT and SOLICITATION
The request, directly or indirectly, of money, credit, property, financial assistance and other things of value on the plea or representation that such money, credit, property, financial assistance or other things of value will be used for a charitable or philanthropic purpose defined in this Article. "Solicitation" shall be deemed to be complete when made, whether or not the person making the same receives any contribution.
A. 
Any person canvassing or soliciting in connection with a charitable organization or society or any representative of such organization or society, recognized as tax exempt under the United States Internal Revenue Code, when such canvassing or solicitation does not involve the sale or attempted sale of merchandise, shall at least twenty-four (24) hours prior to such canvassing or solicitation, present himself to the Police Department and shall provide the Chief or Deputy Chief of Police with the following information:
(1) 
The nature and anticipated duration of such canvassing or solicitation.
(2) 
The approximate number of persons who will be canvassing or soliciting.
(3) 
The name and address of the person in charge of such canvassing or soliciting.
(4) 
The name and address of the charitable organization on behalf of which such solicitation or canvassing is to be conducted.
B. 
The purpose of such registration is that the identity of the persons going door to door or distributing materials within the city may be established for the protection and maintenance of the health, safety and welfare of the inhabitants of the city and to prevent dishonest solicitation of funds in the city. No permit or fees shall be required.
C. 
Such canvassing or soliciting activities shall not be allowed after 9:00 p.m.
In the interest of public safety for residents of the City of Perth Amboy, intersection solicitations are hereby banned within the city limits and the following shall be required by all charitable organizations seeking approval to conduct coin tosses within the city.
A. 
Every charitable organization seeking to conduct a coin toss shall request in writing from the Chief or Deputy Chief of Police within thirty (30) days of the requested dates, approval for the coin toss. Such request shall include the dates, times and location where the coin toss is to be conducted.
B. 
No coin toss shall be permitted within any intersection on the public streets.
C. 
The container used for solicitation shall be sealed with the opening on top and bear the organization's name.
D. 
Each active solicitor at a coin toss shall wear an outer garment displaying the organization's name.
E. 
Solicitors shall not interfere in the orderly flow of traffic.
F. 
Coin tosses shall be limited to Friday, Saturday and Sundays from the hours of 9:00 a.m. to 4:00 p.m.
G. 
Each charitable organization shall be limited to a maximum of four (4) coin tosses per year.
Any person who violates any provision of this Article shall, upon conviction thereof, be punished by a fine not less than one hundred dollars ($100) and not exceeding one thousand dollars ($1,000) or by imprisonment for a term not exceeding ninety (90) days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
In any case where the provisions of this chapter impose a higher standard than set forth in any other ordinance of the City of Perth Amboy or under the laws of the State of New Jersey, then the standards as set forth herein shall prevail, but if the provisions of this chapter impose a lower standard than any other ordinance of the City of Perth Amboy or of the laws of the State of New Jersey, then the higher standard contained in any such ordinance or law shall prevail.
No license or permit or other certification or compliance with this chapter shall constitute a defense against any violation of any other local ordinance applicable to any structure or premises or use of such structure or premises, nor shall any provision herein relieve any owner, operator, tenant or occupant from complying with any such other provision of any official of the City of Perth Amboy from enforcing any such other provision.