[Prior code § 8-1.1]
As used in this section, the following words and terms shall
have the following meanings:
Any person in the business of selling goods, wares or merchandise
who conducts such business from a fixed location and who does not
intend to continue such business within the Borough permanently. No
person shall be considered an itinerant vendor solely by reason of
his or her suspending business during certain seasons of the year.
Any person in the business of taking orders or selling merchandise
who has no fixed place of business within the Borough and who, in
the conduct of his or her business, goes from house to house or from
place to place, whether on foot or in a vehicle in order to take orders
for or to effect the sale of such merchandise or who is engaged in
the practice commonly known as "peddling."
One acting as the employee, consignee or agent of another
as well as one acting on his or her own behalf.
[Prior code § 8-1.2]
The requirements of this section shall not be construed to apply
to the following persons:
A.
Any person selling fruits, vegetables or farm products grown by himself
or herself, with or without the help of others, except that such person
shall register in the same manner as a nonprofit-making vendor;
B.
Any honorably discharged veteran of the armed services of the United
States, as defined in, and who has procured a license under, the provisions
of N.J.R.S. 45:24-9, et seq.;
C.
Any person who conducts a judicial sale under the authority of state
or national laws;
D.
Any exempt member of a volunteer fire department, volunteer fire
engine, hook and ladder or hose supply company, or salvage corps of
any municipality, or fire district in this state, who holds an exemption
certificate issued to him or her as an exempt member of any such department,
company or corps, who is a resident of the state of New Jersey and
who has procured a license in the manner and under the conditions
prescribed in N.J.R.S. 45:24-9, et seq.;
E.
Any person soliciting for a lawful and recognized religious, charitable, educational or political organization; provided, however, that the local chairperson or other person in charge of solicitation for such lawful and recognized religious, charitable, educational or political organization in the Borough shall apply for and obtain a license in the manner hereinafter provided in Section 5.40.040. All persons engaged in such solicitation shall carry identification cards signed by the local chairperson or person in charge of such solicitation. Nothing contained in this section shall permit any such person to engage in any business within these provisions without having first applied for and obtained the prescribed license;
F.
Any person duly licensed by the Commissioner of Banking and Insurance
or the Real Estate Commission of the state of New Jersey;
G.
Any persons selling personal property at wholesale to dealers in
such articles. Nothing contained in this section shall be held to
prohibit any sale required by statute or by order of any court;
H.
Any person engaged in delivering wares, goods or merchandise, or
other articles or things in the regular course of business, to the
premises of the person ordering or entitled to receive the same.
[Prior code § 8-1.3; amended by Ord. 81-2 § 4, 1981; Ord. No. 2018-04, § 1,4-24-2018]
A.
No person shall engage in, conduct or pursue any business in the
Borough as an itinerant or transient vendor, peddler or hawker, as
defined in this section, without first having obtained a license from
the Borough clerk.
[Prior code § 8-1.4; amended by Ord. 81-2 § 1, 1981; Ord. No. 2018-04, § 2, 4-24-2018]
Applicants, including but not limited to a vendor, his or her
agents, servants and employees, whose name or business shall appear
on a license under this section, must file with the Borough clerk
a sworn application in writing which shall give the following information:
A.
Name of applicant, his or her agents, servants and employees;
B.
Complete permanent home, local address, and place of business of
applicant, his or her agents, servants and employees;
C.
A description of the nature of the business and the goods, services
and/or wares to be sold;
D.
The length of time for which the rights to do business is desired
and the days of the week and hours of the day within which business
shall be conducted;
E.
The source of supply of the goods, products or services proposed
to be sold, where such goods, services or products are located and
the method of delivery;
F.
Two recent photographs which shall be approximately two inches by
two inches, showing the head and shoulders of the applicant, his or
her agents, servants and employees in a clear and distinguishing manner;
G.
Appropriate evidence as to the good character and business responsibility
of the applicant, his or her agents, servants and employees, which
shall enable an investigator to properly evaluate such character and
business responsibility;
H.
A statement as to whether or not the applicant, his or her agents,
servants and employees, have been convicted of any crime misdemeanor
or violation of any municipal ordinance other than traffic violations,
the nature of the offense and punishment or penalties assessed therefor;
I.
The applicant, his or her agents, servants and employees shall be
fingerprinted, if requested by the chief of police, who shall determine
whether fingerprints are necessary for proper identification and which
fingerprint records shall be immediately processed for classification
and identification;
J.
No license shall be issued until the application shall have been
approved by the police department, allowing adequate time for investigation
of the facts stated in the application;
K.
Applications for partners shall be signed by all partners for the
foregoing provisions of this section answered in detail as to each
partner. Applications of corporations shall have attached to them
individual statements in accordance with all of the provisions of
this Subsection relating to each and every employee, agent or servant
who shall engage in any of the functions authorized by this section
and signed by each agent, servant or employee, and full compliance
by each such individual.
[Ord. 2004-2 § 1,
2005; Ord. No. 2018-04, § 3, 4-24-2018]
A.
The license fee for an iterant or transient vendor who conducts business
from a fixed location within the Borough and who does not intend to
continue such business within the Borough permanently may obtain a
vendor's permit for $50 for each day in which he or she vends in Ship
Bottom. The fee shall be received upon time of application and are
non-refundable.
B.
Valid mercantile licenses are exempt from the requirement to obtain
a vendor's permit to vend at Borough-sponsored events.
C.
No portion of the fees designated in this section shall be pro-rated
for any part of the year.
[Prior code § 8-1.6]
A.
Each application shall be referred to the chief of police or officer
in charge of the police department who shall immediately institute
such investigation of the applicant's business and moral character
as he or she deems necessary for the protection of the public good
and shall endorse the application in the manner prescribed in this
section within a reasonable period of time after it has been filed
by the applicant.
B.
If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory or the products
or services are not free from fraud, the chief of police shall endorse
on such application his or her disapproval and his or her reasons
for the disapproval and return the application to the Borough clerk
who shall notify the applicant that his or her application is disapproved
and that no license will be issued.
[Prior code § 8-1.7; amended by Ord. 81-2 § 3, 1981]
Prior to the issuance of any license or permit to any vendor,
the prospective vendor shall file with the Borough clerk a bond to
the Borough in the amount of $1,000, which bond shall be executed
by the proposed vendor as principal, and a surety company licensed
to do business in the state of New Jersey. The bond shall be in accordance
with and for the purposes provided in N.J.R.S. 45:24-5, and shall
remain in force for the term of the license to be issued and be conditioned
as follows:
A.
To indemnify and pay the Borough any penalties or costs incurred
in the enforcement of any of the provisions of this section and to
indemnify or reimburse any purchaser of personal property from the
vendor 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 vendor or his or her agents, servants 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.
B.
The bond shall be declared forfeited upon proof of falsification
in the application for a license.
C.
The bond shall be deemed forfeited upon proof of the violation of
any of the provisions of this section by the vendor or his or her
agents, servants or employees.
[Prior code § 8-1.8; amended by Ord. No. 2018-04, § 4, 4-24-2018]
A.
All vendors who shall offer to sell, display for sale or sell or
deliver fruits, vegetables and farm products from any vehicles which
are wholly or in part open on any of the sides of the vehicle shall
at all times keep all fruits, vegetables and produce of any kind and
nature completely screened and covered with satisfactory materials
in order to avoid and eliminate the accumulation of flies or any other
insects from alighting around or upon any and all merchandise.
B.
All vendors offering for sale, displaying for sale, selling or delivering
sea food, meats, poultry or dairy products shall transport the same
solely in refrigerated vehicles and all such products shall remain
in the refrigerated portion of the vehicle at all times prior to the
time of sale or delivery. The refrigerated portion, during the uses
thereof in accordance with this section, shall be maintained at a
properly low temperature to completely safeguard all products from
a health and sanitary standpoint to the fullest reasonable extent
possible for safety and welfare of the public.
C.
No vendor shall at any time permit any waste materials or parts of
produce or any other merchandise to remain in or upon any street,
roadway, curbs or walks and shall at all times remove any such debris
that may have fallen from his or her vehicle, so that the merchandise
is immediately placed in metal containers as provided in this chapter.
[Prior code § 8-1.9; amended by Ord. 2004-2 § 3, 2005; Ord. No. 2018-04, § 5, 4-24-2018]
A.
No vendor shall at any time permit any debris, waste material, rotting
produce or merchandise of any kind or any unfit produce to remain
in or upon his or her vehicle, unless it is contained in a leak-proof
container having a properly fitted cover.
B.
No vendor shall sell or attempt to sell any article to pedestrian
or vehicular traffic, other than when his or her vehicle shall be
properly parked immediately adjacent to the curb of a public street
in a permitted locality. The vendor shall at no time double park when
dealing with any of his or her trade, and in no event shall transact
any of his or her business operations other than on the curb side
of his or her vehicle.
C.
The vendor shall prohibit, as reasonably as possible, the eating
of any merchandise directly from his or her vehicle.
D.
Before a vendor shall use a vehicle or mode of transportation in
furtherance of his or her permitted business, he or she shall submit
such vehicle to the health officer of the Borough for inspection and
approval relative to compliance with this section and shall, whenever
requested during the term of his or her license, submit his or her
vehicle for reasonable reinspections for that purpose.
E.
No vehicle or mode of transportation shall be used by any vendor
unless it has been approved for use by the health officer and written
approval shall remain in and upon the vehicle at all times and shall
be shown by the operator to any member of the Borough police department,
any official of the Borough, or any member of the public who may request
to be shown the same.
F.
No vehicle or mode of transportation shall be used by any licensee
unless it has been inspected and approved for use by the Ship Bottom
Borough police department and written approval shall remain in and
upon the vehicle (both motorized and non-motorized) at all times and
shall be shown by the operator to any member of the Borough police
department, any official of the Borough, or any member of the public
who may request to be shown the same.
[Prior code § 8-1.10; amended by Ord. 2004-2 § 4, 2005]
A.
No person subject to the provisions of this section shall sell or attempt to sell in accordance with the terms of this section except as set forth in the preceding sections, before 8:00 a.m. and after 9:00 p.m., Mondays through Saturdays, except where expressly invited in the homes of the occupant thereof, and except as further provided in Subsection B of this section.
B.
Peddlers or hawkers who sell or attempt to sell manufactured, ready-to-eat
food products such as ice cream or custard shall be permitted to operate
Mondays through Sundays between the hours of 8:00 a.m. and 8:00 p.m.
subject to all other restrictions. This Subsection shall be strictly
construed.
[Prior code § 8-1.11; amended by Ord. No. 2018-04, § 6, 4-24-2018]
Every person to whom a license is issued under the terms of
this section shall be governed by the following rules and regulations:
A.
All circulars, samples or other matter shall be handed to an occupant
of the property or left in a secure place located on the premises.
B.
No person shall enter or attempt to enter the house of any resident
in the Borough without an express invitation from the occupant of
the house.
C.
No person shall conduct himself or herself in such a manner as to
become objectionable to or annoy an occupant of any house.
D.
No vendor or any person in his or her behalf shall use any amplifying
device upon any of the streets, parks or other public places of the
Borough or upon private premises.
E.
All vendors and their respective vehicles or modes of transportation
used in carrying on their permitted businesses shall at all times
fully comply with all of the terms, covenants and conditions of this
section, all other applicable municipal ordinances and all other applicable
state laws, regulations or provisions pertaining thereto, particularly
but not in limitation thereof, that may deal with provisions of health,
safety and general welfare.
[Prior code § 8-1.12]
No vendor shall have any exclusive right to any location in
the public streets, nor shall any vendor be permitted a stationary
location thereon, nor shall any vendor be permitted to operate in
a congested area where such operation might impede or inconvenience
the public use of such streets. For the purpose of this section, the
judgment of a police officer, exercised in good faith, shall be deemed
conclusive as to whether the area is congested and the public impeded
or inconvenienced.
[Prior code § 8-1.13]
A.
B.
Upon being satisfied that such person is a nonprofit-making vendor,
the Borough clerk or chief of police shall endorse his or her approval
on the application. Each representative or agent of the nonprofit-making
vendor shall carry proper identification or credentials indicating
the name of the organization and the name and address of the representative
and shall display them upon request.
[Prior code § 8-1.14; amended by Ord. 81-2 § 6, 1981]
No applications shall be considered or accepted by the Borough
clerk prior to May 1st of each calendar year. No vendor's license
shall be issued by the Borough clerk prior to May 15th of each calendar
year. No license shall terminate later than September 30th of each
calendar year.
[Ord. 2004-2 § 2,
2005; amended by Ord. No. 2018-04, § 7, 4-24-2018]
A.
The number of licenses for peddlers or hawkers shall be limited to
three licenses per year which shall be issued by open public sale
at auction to the three highest bidders after public advertising therefor.
The governing body may by resolution fix a minimum price, with or
without the reservation of the right to reject all bids when the highest
bids are not accepted. Notice of such reservation shall be included
in the advertisement of the sale and public notice thereof shall be
given at the time of sale. The invitation to bid may also impose restrictions
and conditions on the issuance of such licenses, in like manner and
to the same extent as by any other vendor. Such conditions shall be
included in the advertisement.
B.
No more than one license shall be issued to any one person or company.
C.
Licenses issued shall not be transferable except in the case where
the license was issued to a corporation or company and the business
is sold or transferred in which case the license may be transferred
for the remainder of the license period only.
D.
Successful bidders shall be deemed "applicants" and must comply with
all other provisions of this chapter.
[Prior code § 8-1.16; amended by Ord. 81-2 § 5, 1981; Ord. 96-21 § 1, 1996; Ord. 2004-2 § 5, 2005]
A.
Any veteran who holds a special state license under the laws of the
state of New Jersey shall be exempt from securing a license as provided
herein for hawking and peddling, but shall be required to comply with
all other applicable subsections of this section and shall be required
to procure from the Borough clerk a special permit which shall be
issued by the clerk upon proper identification and receipt of the
special permit fee.
B.
All persons holding a veteran's license shall be required to be present
and occupy the wagon, vehicle or other type of conveyance from which
goods, wares, merchandise or other products are sold when making sales
and/or delivering articles to purchasers.
[Prior code § 8-1.17; amended by Ord. 81-2 § 5, 1981]
Vendors are required to exhibit their certificates of license
at the request of any citizen or member of the police department.
[Prior code § 8-1.18; amended by Ord. 81-2 § 5, 1981]
The chief of police shall report to the Borough clerk all convictions
for violation of this section and the Borough clerk shall maintain
a record for each license issued and record the reports of violation.
[Prior code § 8-1.19; amended by Ord. 92-16 § 1, 1992; 3-24-2020 by Ord. No. 2020-05]
Notwithstanding any other provisions of this chapter, it is
unlawful for any person to peddle, sell or otherwise market cooked
or prepared foods for immediate consumption by the public, such as
hamburgers or hotdogs. All peddlers or hawkers who sell or attempt
to sell manufactured, ready-to-eat food products such as ice cream
or custard shall be prohibited from peddling, selling or otherwise
marketing any food product that is not prepackaged.
[Prior code § 8-1.20; amended by Ord. 96-21 § 1, 1996]
Any license holder, with the exception of the veteran's special permit, shall be entitled to one alternate driver to act as a relief driver, whose name shall appear on the license. The alternate driver shall be subject to investigation of applicant as indicated in Section 5.40.060 of this chapter, and shall be subject to the application fee indicated in Section 5.40.050.
