As used in this Article, the following terms shall have the meanings indicated:
CANVASSER OR SOLICITOR
Any individual, whether a resident of the Borough of Somerville or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance from place to place, from house to house or from street to street, taking or attempting to take orders for sales of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or the services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sale or not, provided that such definition shall include any person who, for himself or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the borough for the sole purpose of exhibiting samples and taking orders for future delivery.
DIVISION STREET
The street located between West Main Street and Veterans Memorial Drive with the boundaries of Somerville Borough.
[Added 10-5-2020 by Ord. No. 2620]
DOOR-TO-DOOR
A sales technique in which a salesperson walks from the door of one house to the door of another or from one business to another trying to sell a product or service to the general public. Regardless of where the point of sales takes place for the purpose of this ordinance a door to door license is required as per the provision established in Section 124-6.
[Added 4-7-14 by Ord. No. 2435]
DO-NOT-KNOCK REGISTRY
A listing of properties of which the occupants have registered their property as a location in which they do not wish to be solicited.
[Added 10-5-2020 by Ord. No. 2620]
DOWNTOWN SOMERVILLE ALLIANCE, INC.
The nonprofit entity created by the Borough Council by ordinance to serve as the District Management Corporation for the Special Improvement District.
[Added 10-5-2020 by Ord. No. 2620]
FOOD VENDOR
A person who travels through the public streets, and/or makes periodic stops not exceeding one (1) hour in duration at various locations upon the invitation of the owners or persons in control thereof, for the purpose of selling or offering for sale only food and/or beverages prepared, packaged and intended for immediate human consumption.
[Added 4-6-98 by Ord. No. 2052]
ITINERANT VENDOR OR TRANSIENT MERCHANT
Persons, partnerships, associations and corporations who own and/or operate a temporary or transient merchandising business within the Borough of Somerville, including those who, for the purpose of carrying on such business, hire, lease or occupy any building, structure or area for the exhibition and sale of goods, wares and merchandise and those who shall make a practice or business of consigning merchandise to any auctioneer for sale in the borough.
MOBILE FOOD VENDOR
A person who travels through the public streets, and/or makes periodic stops not exceeding twenty (20) minutes in for the purpose of selling or offering for sale only food and/or beverages prepared, packaged and intended for immediate human consumption.
[Added 5-5-08 by Ord. No. 2262]
PEDDLER OR HAWKER
Any person who shall proceed from door-to-door within the Borough of Somerville in order to sell any merchandise.
PERSON
Any natural person or legal person, including any corporation or association.
[Amended 4-6-98 by Ord. No. 2052; 5-5-08 by Ord. No. 2262]
No person shall hawk, vend or peddle any goods, wares or merchandise nor any food item, nor shall any person be a transient merchant, itinerant vendor, food vendor, mobile food vendor or solicitor on public or private property within the Borough of Somerville without first having obtained a license as herein set forth.
No person shall be provided a license to hawk, vend or peddler any goods, wares or merchandise, nor any food item, nor shall any person be provided a license or permission be a transient merchant, itinerant vendor, food vendor, mobile food vendor or solicitor in the Special Improvement District other than event days which shall be defined by the Borough Council by resolution. Business owners located within the Special Improvement District shall be exempt from this provision during sidewalk sales.
The purpose of this Article is to prevent unauthorized business practices, to provide for traffic and pedestrian safety by regulating the use of streets and property adjacent thereto by persons or individuals within the scope of this Article, to prevent extended parking or trespassing on private or public property, to prevent violations of the Borough Zoning Ordinance and in the case of mobile food vendors, to prevent violations of the State Sanitary Code, to protect traffic and pedestrian safety and prevent violations of the Motor Vehicle Code, and to generally provide for the safety of the residents and merchants of this community in the best interest of its welfare.
A. 
Applications for a license under this Article must file with the Borough Clerk in duplicate, on a form to be furnished by the Borough Clerk, a written application certified by the individual or, in the case of a corporation or association, its president, secretary or duly authorized agent, which application shall state the name and residence of the owner or person in whose interest the business is to be conducted, including all of the following information:
(1) 
The names or names of the person or persons having the management or supervision of the applicant's business during the time that it is proposed that it will be carried on in the borough; the local address or addresses of such person or persons while engaged in such business, the permanent address or addresses of such person or persons, the capacity in which the person or persons will act (that is, whether as proprietor, agent or otherwise); the name and address of the person, firm or corporation for whose account the business will be carried on, if any, and if a corporation, under the laws of what state the same is incorporated.
(2) 
The place or places in the borough where it is proposed to carry on the applicant's business, the scheduled date of the activity for which a license is sought, and the length of time during which it is proposed that the business shall be conducted. In furtherance hereof, the applicant shall be required to submit a sketch depicting the exact location on the property wherein the activities will be conducted, and written approval of the property owner must be received.
In the event that during the life of the license the applicant desires to amend the location on the property wherein the activities will be conducted, the applicant shall be required to submit an amended sketch depicting the new location and obtain necessary approval thereof.
(3) 
The place or places, other than the permanent place of business of the applicant, where the applicant, within the six (6) months preceding the date of the application, conducted a transient business, if any, stating the nature thereof and giving the post office and street address of any building or office in which said business was conducted.
(4) 
A statement of the nature, character and quality of the goods, wares and merchandise to be sold or offered for sale by the applicant in the borough; whether the same are proposed to be sold from stock in possession or from stock by sample, at auction, by direct sale or by taking orders for future delivery; where the goods or property proposed to be sold are manufactured or produced; and where such goods or products are located at the time the application is filed.
(5) 
A brief statement of the nature and character of the advertising done or proposed to be done in order to attract all such advertising, whether handbills, circulars, newspaper advertising or otherwise, shall be attached to the application as exhibits thereto.
(6) 
Whether or not the person or persons having the management or supervision of the applicant's business have been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense and the punishment assessed therefor.
(7) 
Credentials from the person, firm or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative.
(8) 
Such other reasonable information as to the identity or character of the person or persons having the management supervision of the applicant's business or the method or plan of doing such business as the Chief of Police may deem proper to fulfill the purpose of this Article in the protection of the public good.
(9) 
A copy of applicant's sales tax certificate, where applicable, indicating that the applicant is registered with the New Jersey Division of Taxation to have sales tax authority with Federal tax identification number included.
(10) 
A description of all motor vehicles to be used by the applicant in connection with the activity for which a license is sought, including the color, year, make, model and VIN number of such motor vehicles.
B. 
All such applications shall be filed at least thirty (30) days before the scheduled date of the activity for which a license is sought.
C. 
At the time of the filing of the application, a non-refundable fee of twenty-five dollars ($25) shall be paid to the Borough Clerk to defray the costs of investigation of the facts stated in said application.
[Amended 10-5-2020 by Ord. No. 2620]
A. 
The Borough Clerk shall forward the application to the following:
(1) 
Chief of Police;
(2) 
Health Department (if the application involves a mobile food vendor or other activities within the jurisdiction of the Health Department);
The Chief of Police shall make such investigation of such person and such person's business responsibility and character deemed necessary for the protection of the public good. Further, the Chief of Police shall examine such place or places identified in the application to determine whether such place or places are likely to create traffic congestion or traffic hazards as a result of the location thereof or as a result of pedestrians or operators of motor vehicles utilizing such place or places.
The Health Officer shall make such investigation of the application to determine whether any applicable State statutes, regulations or municipal ordinances or regulations pertain to the operation and determine compliance of said operation with such statutes, regulations, and/or ordinances.
B. 
If, as a result of such investigation, the applicant's character and business responsibility are found to be satisfactory and if it is determined that such place or places do not create a traffic safety hazard, the Chief of Police shall so certify in writing to the Borough Clerk. Further, if as a result of such investigation, the Health Officer shall determine that the activity is not regulated by any applicable State statute, regulation or local ordinance regulating health matters or if so regulated, that the activity complies with all applicable statutes, regulations or ordinances, he shall so certify in writing to the Borough Clerk. The Borough Clerk upon receipt of all such written certifications shall present the entire application to the Borough Council at a public meeting, at which time the Mayor and Borough Council, upon determination that the requirements set forth herein have been met, shall approve issuance of the license. Thereafter, the Borough Clerk shall promptly notify the applicant that a license will be issued. The Borough Clerk shall keep a full record in his/her office of all licenses issued. Such records shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee, the expiration date of such license, the place where said business may be carried on under said license and the name or names of the person or persons authorized to carry on same.
C. 
Prior to the issuance of a license, the applicant shall provide to the Borough of Somerville a certificate of insurance in which limits and language shall be identified on the application.
D. 
If as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons for the same and return the application to the Borough Clerk, who shall notify the applicant that his application is disapproved and that no license will be issued.
[Amended 4-6-98 by Ord. No. 2052; 4-7-14 by Ord. No. 2435; 10-5-2020 by Ord. No. 2620; 3-20-2023 by Ord. No. 2699]
A. 
Food vendor. There shall be a nonrefundable filing fee of $40 payable and at the time of filing application of a food vendor's license as provided under this article a license fee in the sum of $50 per day or $250 per month or $400 per six-month period.
B. 
Door-to-door. There shall be a nonrefundable filing fee payable at the time of the filing of the application, for soliciting door-to-door sales, promotional material regardless of where the point of sale takes place, a nonrefundable fee of one $100 shall be paid to the Borough of Somerville for door-to-door soliciting regardless of if the solicitor is not mobile to defray cost of processing said application. And at the time of issuance a license fee of $50 per day or $250 per month per month or $400 per six-month period.
C. 
All other vendors (non-food and not door to door). There shall be a nonrefundable filing fee of $40 payable and at the time of application of any other license (other than food license and door-to-door sales) as provided under this Article a license fee in the sum of $50 per day or $250 per month or $400 per six-month period.
D. 
It shall be unlawful for any licensee under this Article to transfer, sell, share or give a license obtained under this Article to any other person.
E. 
The Borough of Somerville by resolution or administrative authorization letter provides the Borough Clerk-Administrator the authority to waive the fees and certain requirements for organizations that are a 501C3 and operate in the Borough or provide services to the Borough.
F. 
The Borough may also grant a 501C3, government entity, Special Improvement District Management Corporation at an approved event to host vendors at no fee imposed by the Borough of Somerville.
[Amended 10-5-2020 by Ord. No. 2620]
The borough shall issue to each licensee at the time of licensing a permit which shall contain the words: "Licensed by the Borough of Somerville." Such permit shall, during the time when the licensee is engaged pursuant to said license, be displayed by the licensee so as to be conspicuous.
There shall be a fee of $30 per permit for each individual selling items in association with each primary license holder.
A. 
Every person who is required to hold a license or permit under this Article shall carry the same when engaged in the business for which the license is issued. In addition, each licensee shall be required to have on his or her person a full and complete copy of the application for the license. Any alterations, erasures or mutilations shall void the license.
B. 
The licensee shall be required to exhibit his license at the request of any citizen.
No licensee shall engage in the business for which the license is issued in the Borough of Somerville between the hours of 9:00 p.m. and 9:00 a.m.
[Amended 4-6-98 by Ord. No. 2052]
No license shall be issued under this Article for any period of time exceeding six (6) months. No person shall be eligible for the issuance of any license(s) under this Article, other than food vendor's license(s), for any periods of time which will cumulatively exceed six (6) months in any twelve (12) month period.
A. 
The licenses issued pursuant to this Article may be revoked by the Borough Clerk or his/her designee for any of the following causes:
(1) 
Any fraud, misrepresentation or false statements contained in the application for license.
(2) 
Any fraud, misrepresentation or false statements made in connection with the selling of goods, wares or merchandise.
(3) 
Any violation of this Article, state law or borough ordinance.
(4) 
Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
(5) 
Conducting the business licensed under this Article in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
(6) 
Entering private property which clearly displays a "No soliciting or peddling" sign at the entrance thereof without the invitation of the owner or person in charge thereof.
B. 
Notice of such revocation of a license shall be given in writing, setting forth specifically the grounds of complaint. Such notice shall be mailed, postage prepaid, to the licensee at his last known address and shall state that the licensee may appeal from any such revocation. An appeal from any such revocation may be made to the Borough Clerk, in writing, within ten (10) days of the date of the revocation. The Borough Clerk shall then conduct a hearing, within ten (10) days, upon written notice to the licensee, and shall render a decision within two (2) days after completion of the hearing. Thereafter, any aggrieved party may appeal the decision of the Borough Clerk to the Borough Council by filing a Notice of Appeal with the Borough Clerk within seven (7) days of the Borough Clerk's decision. The Borough Council shall hear such appeal and render its decision within forty-five (45) days. Any hearing conducted hereunder shall be open to the public unless provision for exclusion of the public is authorized and warranted in the judgment of the hearing authority under the provisions of the Open Public Meetings Act, N.J.S.A. 10:4-6.
[1]
Editor's Note: Former § 124-12, Enforcement; Violations and Penalties, was repealed 10-5-2020 by Ord. No. 2620. This ordinance also redesignated former §§ 124-13 through 124-21 as § 124-12 through 124-20, respectively.
A. 
Any duly authorized political organization or any organization which qualifies under Section 501(C) of the Internal Revenue Code or is incorporated under Title 15A or 16 of the New Jersey Statutes shall be exempt from the provisions of this Article, except for the requirements of filing an application and providing the borough with an insurance certificate or indemnification agreement.
B. 
The Mayor and Borough Council, at their discretion, may exempt an applicant from any provision of this Article, for the purpose of allowing said applicant to conduct the applicant's business on any Federal holiday or any day specifically identified and denoted by the Borough Council as a "special event day."
[Added 10-5-2020 by Ord. No. 2620]
A. 
The Borough of Somerville authorizes the Downtown Somerville Alliance, Inc., to work directly with mobile food vendors in order to compliment events.
B. 
The Borough of Somerville authorizes the Downtown Somerville Alliance, Inc., to allow food trucks that meet the artistic character of the district.
C. 
The Borough of Somerville grants permission to the Downtown Somerville Alliance, Inc., to interview food trucks vendors, issue requests for proposals and grant approvals to food truck vendors to be used on Division Street.
[Added 10-5-2020 by Ord. No. 2620]
All definitions in § 124-1 shall apply to this section.
A. 
Any person or entity who owns or rents property within the geographical borders of the Borough of Somerville may register such property to be included on the Do-Not-Knock registry by registering through the Borough’s Clerks Office. Such registry is available on the Borough’s website.
B. 
The Do-Not-Knock registry shall be maintained by the Borough Clerk’s office and the list will be made available on the Borough’s website.
C. 
The Do-Not-Knock registry shall consist solely of the property addresses and shall include no further identifying information concerning the property. However, in accordance with the Open Public Records Act, information regarding the registration may be made available in accordance with the Act.
D. 
Once the property is properly listed, it may only be removed from the registry by submitting a written request to remove.
[Added 10-5-2020 by Ord. No. 2620]
A. 
The prohibition of this section shall not apply to the visiting of the property where the owner or occupant of such property has directly or implicitly indicated to the solicitor or canvasser through prior interaction that his/her visit would be welcomed. The burden of persuasion shall be on the person claiming the exemption.
[Added 10-5-2020 by Ord. No. 2620]
A. 
It shall be the duty of any police officer of the Borough of Somerville or enforcement officer designated by the Borough of Somerville, including Code Enforcement and Parking Enforcement, to enforce the provision of this chapter.
[Added 10-5-2020 by Ord. No. 2620]
A. 
Any act committed while within the scope of the license issued by the Borough of Somerville resulting in the issuance of a municipal summons or criminal complaint shall constitute a violation of this chapter. Such violation will carry the following penalties:
(1) 
First violation: $1,500 fine and possible suspension of license and/or denial of future license.
(2) 
Second violation: $2,000 fine.
(3) 
Third violation: $2,500 fine and loss of license.
B. 
Any person violating any provision of this article shall, upon conviction thereof, in addition to the fine, also be punishable, by imprisonment in the County Jail for a period not to exceed 90 days and/or a period of community service not to exceed 90 days.