[HISTORY: Adopted by the Mayor and Common Council of the
City of Gloucester City 5-24-1965. Amendments noted where applicable.]
It shall be unlawful for any hawker or peddler, as defined in § 53-2 of this ordinance, to engage in such business within the corporate limits of Gloucester City without first obtaining a license therefor as provided herein.
As used in this chapter, the following terms shall have the
meanings indicated:
As used herein, includes, but is not limited to, any person,
whether a resident of the city or not, traveling either by foot, wagon,
automotive vehicle or any other type of conveyance from place to place,
from house to house or from street to street, and who carries with
him goods, wares, merchandise or personal property of any nature whatsoever
for the purpose of selling and delivering them to consumers.
As used herein, includes the singular and the plural and
shall also mean and include any "person," firm or corporation, association,
club, copartnership or society or any other organization.
Applicants for license under this ordinance must file with the
City Clerk a sworn application in writing (in duplicate), on a form
to be furnished by the City Clerk, which shall give the following
information:
A.
Name and description of the applicant.
B.
Permanent home address and full local address of the applicant, if
any, and place or places of residence for the last three preceding
years.
C.
A brief description of the nature of the business and the goods to
be sold, literature to be distributed or services to be rendered.
D.
If employed, the full name and address of the employer, and a statement
as to whether employer is an individual, partnership or corporation,
together with credentials establishing the exact relationship of applicant
with employer.
E.
The length of time for which the license to do business is desired.
F.
The place where the goods or property proposed to be sold, or orders
taken for the sale thereof, are manufactured or produced, where such
goods or products are located at the time said application is filed,
and the proposed method of delivery.
G.
A photograph, in duplicate, of applicant, taken within 60 days immediately
prior to the date of filing of the application, which picture shall
be 2 1/2 inches by 2 1/2 inches, showing the head and shoulders
of the applicant in a clear and distinguishing manner.
H.
The fingerprinting of the applicant and the names of at least two
reliable property owners of the County of Camden, New Jersey, who
will certify as to the applicant's good character and business
respectability or, in lieu of the names of two references, such other
available evidence as to the good character and business responsibility
of the applicant as will enable an investigator to properly evaluate
such character and business responsibility.
I.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
including the nature of the offense and the punishment or penalty
assessed therefor.
A.
Upon receipt of such application, the original shall be referred
to the Chief of Police, who shall cause an investigation to be made
of the applicant's business and moral character to determine
whether the applicant has been convicted of a crime involving moral
turpitude or has been involved in fraudulent acts or conduct, prior
violations of canvassing or similar ordinances, or has a record of
breach or breaches of solicited contracts or other actions evidencing
bad character, and to determine such other actions as he may deem
necessary for the protection of the public in connection with the
activities contemplated by this ordinance.
B.
If, as a result of the investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Chief
of Police shall endorse on such application his disapproval thereof
and his reason for the same, and return the said application to the
City Clerk, who shall notify the applicant in writing that his application
is disapproved and that no license will be issued.
C.
If, as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Chief of Police shall endorse on the application his approval thereof
and return the same to the City Clerk, who shall deliver to the applicant
a license. All licenses shall be in book form, printed in duplicate,
and shall be numbered consecutively. Such license shall contain the
signature and seal of the issuing officer and shall show the name
and address of the licensee. To said license shall be attached the
photograph of the licensee, signed by the Clerk in such manner that
a part of his signature covers parts of the photograph, the remaining
portion appearing on said license. Said license shall state the class
of license, kind of goods to be sold or services to be rendered, the
date of issuance of the license and the length of time the same shall
be operative, as well as the license number and identifying description
of any vehicle to be used by the licensee. The Clerk shall keep a
permanent record of all licenses issued.
Applicants for a license who sell foodstuffs, including ice
cream and farm produce, shall also be required to obtain and produce
a food handler's license from the Board of Health[1] before the issuance of a license.
A.
At the time of filing the application, a fee of $25 shall be paid
to the City Clerk to cover the cost of processing the application
and the cost of investigating the facts as stated therein.
[Amended 5-6-1993 by Ord.
No. 14-1993]
B.
If the investigation is favorable and the applicant has complied
with the other provisions of this ordinance, the applicant shall pay
a license fee of $10 per day, $20 per month or $50 per year for each
person proposing to peddle or hawk.
[Amended 1-4-1996 by Ord.
No. 1-1996; 1-2-1997 by Ord. No. 34-1996]
C.
No license fee shall be required of one selling products of the farm
or orchard actually produced by the seller; but any such seller must
comply with all the other requirements of this ordinance.
[Amended 5-7-1998 by Ord.
No. 11-1998]
The City Clerk shall issue to each licensee at the time of delivery
of his license a badge, which shall contain the words "Solicitor's
and Peddler's License" and "Gloucester City" and the year of
current issue, which badge shall, during the time such licensee is
engaged in hawking or peddling, be worn constantly by the licensee
on the front of his outer garment in such a way as to be conspicuous.
The Clerk shall collect $10 for each badge, which shall be refunded
upon the return of the badge. Badges shall be numbered consecutively.
Licensees are required to exhibit their licenses at the request
of any citizen with whom they seek to do business. Licenses are not
transferable.
It shall be the duty of each police officer of the City of Gloucester
City to require any person seen hawking or peddling and who is not
known by such officer to be duly licensed to produce his license,
and to enforce the provisions of this ordinance against any person
found to be violating the same.
The Chief of Police shall report to the City Clerk all convictions
for violation of this ordinance, and the City Clerk shall record the
reports of violation on his record of the license.
A.
Procedure.
(1)
Licenses issued under the provisions of this ordinance may be revoked
by the Clerk of the City of Gloucester City, after notice and hearing,
for any of the following causes:
(a)
Fraud, misrepresentation or false statement contained in the
application for license.
(b)
Fraud, misrepresentation or false statement made in the course
of carrying on his business as a licensee under this ordinance.
(c)
Any violation of this ordinance.
(d)
Conviction of any crime or misdemeanor involving moral turpitude.
(e)
Conducting business as a licensee under this ordinance 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.
(2)
Said license shall be suspended pending the outcome of the hearing
for revocation.
B.
Notice of the 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 and that such license is suspended pending
the outcome of the said hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date set for the hearing. (The address given in the application
for license shall be prima facie evidence of his last known address.)
Any person aggrieved by the action of the Chief of Police or the City Clerk in the denial of or revocation of a license shall have the right to appeal to the Common Council of the City of Gloucester City. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement of appeal setting forth fully the grounds for the appeal. The Council shall set a time and place for the hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 53-11 of this ordinance for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive.
A.
No person shall exercise the privilege granted by a license hereunder
before the hour of 9:00 a.m., or after the hour of 9:00 p.m. (local
time), nor shall such privilege be exercised at any time on Sunday.
B.
No person, whether licensed or not, shall visit or call at any private
residence for the purpose of engaging in any business covered by this
ordinance when banned by the resident by a sign to that effect.
C.
Prohibition of fixed-location sales.
[Amended 11-7-1991 by Ord. No. 17-1991]
(1)
No peddler shall sell or offer for sale to the general public any
merchandise, beverage or food products from a fixed location.
(2)
A peddler shall be deemed to sell or offer for sale from a fixed
location if such peddler remains at a fixed location for a period
of time of 15 minutes or longer, unless extended as provided below.
(3)
The fifteen-minute time limitation is extended beyond 15 minutes
for each period of time that customers or prospective customers are
being served by the peddler wherein the customers or prospective customers
are:
(4)
The fifteen-minute time limitation is further extended for such time
following a sale or purchase that the peddler may need to replace
or replenish merchandise, to perform that which is necessary to clean
or organize the cart, merchandise, etc., to secure the proceeds of
the sale, to file copies of receipts and for other such acts that
occur following a sale of merchandise. However, the total time allotted
for acts following a sale under this subsection shall not exceed 10
minutes.
(5)
At the expiration of the 15 minutes plus the extended period as provided
above, the peddler must move from such location to a location at least
25 feet away. Such peddler cannot return to within 25 feet of such
location for a period of at least one hour. No peddler has the right
to any particular location on the public streets and sidewalks.
D.
Prohibited conduct. No peddler shall:
[Added 11-7-1991 by Ord.
No. 17-1991]
(1)
Engage in the business of peddling unless his cart is mounted on
at least two wheels, which wheels are of a diameter of not less than
eight inches.
(2)
Station, place, set up or maintain his cart or allow it to remain
on any sidewalk, if to do so would place him closer than 30 feet to
any other peddler who is selling on the sidewalk if not separated
by a public street.
(3)
Station, place, set up or maintain his cart on the sidewalk or allow
it to remain there, except at the curbline for the purpose of selling
goods, wares or merchandise therefrom.
(4)
Solicit or conduct business with or sell to persons in motor vehicles.
(5)
Station, place, set up or maintain his cart or allow it to remain
on any sidewalk in such a way as would substantially restrict, obstruct,
interfere with or impede the pedestrian's right-of-way, substantially
restrict, obstruct, interfere with or impede the ingress or egress
from the abutting property, create or become a nuisance, increase
traffic congestion, cause or increase traffic delay or hazards or
cause or create or constitute a danger to life, health or property;
nor shall any peddler sell food, drinks, ice cream or confections
of any kind for immediate consumption unless he has been issued a
license for food distribution by the City Board of Health and he has
available, for public use, his own litter receptacle, which must be
attached to his cart or vehicle and which shall be clearly marked
and maintained for his patronage's use; nor shall any peddler
leave any location without first picking up, removing and disposing
of any trash or refuse remaining from sales made by him.
(6)
Use any cart which, fully loaded with merchandise, cannot be easily
moved and maintained under control by the licensee, his employee or
attendants.
(7)
Use, set up, attach, place or permit the use of any table, crate,
carton, rack, device or structure of any kind to increase the selling
or display capacity of his cart.
(8)
Leave any cart unattended at any time or store, place or lease the
same overnight on any sidewalk or public way of the city.
(9)
Station, place, set up or maintain his cart or his goods, wares or
merchandise or allow them to remain on any part of the sidewalk for
sale or display or be sold, if to do so would place the seller or
his goods, wares or merchandise closer than 25 feet to intersecting
streets or sidewalks.
(10)
Station, place, set up or maintain his cart or allow it to remain
on any sidewalk, if to do so would reduce the unobstructed pedestrian
right-of-way to less than six feet.
(11)
Engage in the business of peddling within 10 feet of any location
where the curb has been depressed to facilitate pedestrian or vehicle
movement.
(12)
Engage in the business of peddling on any sidewalk or along
any street within 10 feet of any fire hydrant, crosswalk or driveway
or bus stop.
(13)
Station, place, set up or maintain his cart or goods against
display windows of fixed location businesses, nor shall be within
20 feet from an entranceway to any building, store, theater, library,
school, museum, movie house, sports arena or other place of public
assembly.
(14)
Violate any traffic parking law, ordinance or regulation or
operate in such a manner as to restrict the continued maintenance
of a clear passage way for vehicles.
(15)
Station, place, set up or maintain his cart within 200 feet
of the grounds of any school between 1/2 hour prior to the start of
the school day and 1/2 hour after dismissal at the end of the school
day.
(16)
Station, place, set up or maintain his cart within 200 feet
of the grounds of any church, synagogue or other house of worship
while the same is in session.
(17)
Use or operate any loudspeaker, public address system, sound
amplifier, horn, bell, radio, record player, tape player, compact
disc (CD) player, musical instrument or any similar device used to
attract the attention of the public.
(18)
Stack items to be sold upon any sidewalk or street; all material
and/or merchandise must be located solely on one vending unit.
E.
Safety requirements. All vending units, whether in motor vehicles
or not, in or from which food is prepared or sold, shall comply with
the following requirements:
[Added 11-7-1991 by Ord.
No. 17-1991]
(1)
All equipment installed in any part of the vending unit shall be
secured in order to prevent movement during transit and prevent detachment
in the event of a collision or overturn.
(2)
All utensils shall be stored in order to prevent their being hurled
about in the event of a sudden stop, collision or overturn; a safety
knife-holder shall be provided to avoid loose storage of knives.
(3)
Compressors, auxiliary engines, generators, batteries, battery chargers,
gas-fueled after heaters and similar equipment shall be installed
so as to be accessible only from the outside of the units.
F.
Charitable/civic nonprofit festivals and other related activities.
[Added 11-7-1991 by Ord.
No. 17-1991]
(1)
From time to time charitable festivals and other such nonprofit or
civic organized activities are conducted within the commercial district
of the City of Gloucester City.
(2)
Whenever the City of Gloucester City gives permission for such charitable
festivals and/or other such charitable organized activities to occur
within the commercial district, the following restrictions shall apply:
(a)
Charitable organizations and/or nonprofit organizations and
their agents, servants and/or employees are permitted to peddle, solicit,
canvass and/or sell merchandise during such charitable festival or
such other organized charitable activity upon the public sidewalks
and other public property within the commercial district of the City
of Gloucester City.
(b)
The various shops and stores within the commercial district
may display their merchandise on the sidewalk directly in front of
their stores or shops and may make sales from such location, during
the charitable festival or other organized charitable activity.
(c)
No other peddler, solicitor, canvasser, person and/or entity
shall be permitted to peddle, solicit, canvass, sell or offer for
sale any merchandise during such charitable festival or other organized
charitable activity.
(3)
A "charitable festival or organized charitable/civic activity" is
defined to be one or more nonprofit organizations and/or nonprofit
entities conducting an organized endeavor wherein merchandise may
be sold, entertainment may be provided, celebration may be conducted,
etc., all for the purpose of raising moneys for charitable/civil purposes.
A.
The agent or other representatives of nonresidents who come within
the provisions of this ordinance shall be personally responsible for
the compliance of their principals and of the businesses they represent
with this ordinance.
B.
No license shall be required of any person for any mere delivery
in this city of any property purchased or acquired in good faith from
such person at his regular place of business outside the city, where
no intent by such person is shown to exist to evade the provisions
of this ordinance.
C.
No license shall be required of any person exempted therefrom by New Jersey state law, but such person shall first establish his exempt status to the satisfaction of the City Clerk and obtain a badge pursuant to § 53-7, and he shall comply with the other regulatory provisions of this ordinance.
D.
No part of this ordinance, except § 53-13, shall apply to any nonprofit organization, incorporated or unincorporated, or to any member of any such organization, provided that such organization gives at least one week's advance written notice to the Chief of Police of its intention to engage in the activities covered by this ordinance, stating the date or dates of such contemplated activities and obtaining a badge.
A.
All annual licenses issued under the provisions of this ordinance
shall expire on the 31st day of December in the year when issued.
Other than annual licenses shall expire on the date specified in the
license, but not beyond the 31st day of December of the year of issuance.
[Amended 12-5-1974[1]]
Any person violating any of the provisions of this ordinance
shall, upon conviction thereof, be punished by a fine not to exceed
$500 or by imprisonment not to exceed 90 days, or both such fine and
imprisonment.
The provisions of this ordinance are declared to be severable,
and if any section, sentence, clause or phrase of this ordinance shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this ordinance, but they shall remain in effect,
it being the legislative intent that this ordinance shall stand notwithstanding
the invalidity of any part.
All ordinances or parts of ordinances inconsistent with the
provisions of this ordinance be and the same are hereby repealed.
This ordinance shall take effect from and after its passage
and publication as provided by law.
