As used in this Article, the following terms shall have the
meanings indicated:
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.
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]
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]
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]
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]
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]
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.
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]
Any person who shall proceed from door-to-door within the
Borough of Somerville in order to sell any merchandise.
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; amended 4-7-14 by Ord. No. 2435]
A.
There shall be a nonrefundable filing fee of $30 payable and at the
time of issuance of a food vendor's license as provided under this
article a license fee in the sum of $30 per day or $100) per month
or $250 per six-month period.
[Amended 10-5-2020 by Ord. No. 2620]
B.
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 hundred dollars ($100) shall be paid to
the Borough of Somerville for door-to-door soliciting regardless if
the solicitor is not mobile to defray cost of processing said application.
And at the time of issuance a license fee of twenty-five dollars ($25)
per day or fifty dollars ($50) per month or two hundred fifty dollars
($250) per six (6) month period.
C.
There shall be a nonrefundable filing fee of twenty-five dollars
($25) payable and at the time of issuance 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 fifty dollars ($50) per day or two hundred
fifty dollars ($250) per month or one thousand dollars ($1,000) per
six (6) 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 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.
[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.
No license granted under this Article, nor any exemption from
the requirements of this Article, shall relieve any person of the
standards and requirements of the Borough Zoning Ordinance.
[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.
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 shall not issue any permits for solicitors on
Division Street.
[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]
[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]
[Added 10-5-2020 by Ord. No. 2620]
A.
It is
prohibited for any person to conduct any commercial solicitation at
any property listed on the Do-Not-Knock Registry.
[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:
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.
