[1988 Code § 122-1; Ord. No. 579-10 § 1]
As used in this Article:
BEACH
Shall mean, for the purposes of this chapter, all land owned by the Borough of Cape May Point which is adjacent to and subject to the flow of waters of the Atlantic Ocean and the Delaware Bay.
HAWKER
Shall mean a person who sells by outcry.
HUCKSTER OR PEDDLER
Shall mean a person who travels about with goods, wares and merchandise for retail sale.
VENDOR
Shall mean and defined herein the same as peddler, except for a beach vendor who may offer goods, wares and merchandise for retail sale only from a fixed location as defined in Section 122-9c below.
[1988 Code § 122-2]
It shall be unlawful for any person or entity to engage in peddling or hawking without first obtaining a license as provided by this Article.
[1988 Code § 122-3]
The license fee for a peddler or hawker shall be $350 per year. Said fee shall cover the entire business entity and shall include the use of one vehicle. Any additional vehicle used in the operation of the business shall require an additional license fee of $150. No portion of the fee shall be prorated for any part of the year. It is the intention of this section to license the business with an additional fee to be charged with each vehicle in excess of one. Each individual peddler or hawker does not have to pay an individual fee, but each such individual must submit the required information and must otherwise comply with the provisions of Sections 122-13 and 122-14. A one-day license may be obtained at the fee of $100.
[1988 Code § 122-4]
The intention of this section is that all such conveyance of goods, wares, merchandise and other articles shall stop in the public streets for sufficient time only to vend, sell or solicit to and from people in the immediate vicinity and in no case shall such conveyance stop for such purposes longer than 30 minutes at street ends or intersections and 10 minutes at locations other than street ends or intersections, or those areas where such conveyance of goods, wares, merchandise and other articles is absolutely prohibited as defined in Section 122-9 hereof. All such peddling or conveyance of goods, wares, merchandise and other articles shall be strictly in accordance with the following:
a. 
Any such peddling or conveyance shall park for such stops near the curb of the street and on the right-hand side in the direction it is proceeding, and the normal traffic shall not be impeded by any such conveyance or individual.
b. 
Any such individual or conveyance shall be permitted to remain in any given location for a maximum period of as follows: 30 minutes at street ends or intersection; and 10 minutes at locations other than street ends or intersections, except for those areas specifically designated where the time period does not apply pursuant to Section 122-10 hereof and those areas where such sales are absolutely prohibited pursuant to Section 122-9 hereof. Once having remained in a given location for the maximum permissible time, the conveyance shall move to a new location, which shall not be within 250 feet of such location, whichever is greater, for at least one hour.
c. 
In addition to the regulation of beach vending contained in Section 122-9 thereof and subject to that regulation, it shall be unlawful to solicit or canvass on the beach and approaches thereto. This prohibition does not apply to street ends subject to the time limitations contained in this section.
d. 
No peddler or hawker shall have any exclusive right to any location, nor shall be permitted to operate in any area where his operations might create a threat to the health, safety or welfare of the general public. For the purpose of this section, the judgment of a Police Officer, exercised in good faith, shall be deemed conclusive.
e. 
The requirements of this section, with respect to specific locations, shall apply to any group of peddlers employed or in any way working for a single entity. Peddlers and hawkers shall be subject to rotation by Borough Officials to ensure that all peddlers have an equal opportunity to peddle or vend at desirable business locations.
f. 
No peddler or hawker may peddle or hawk his or her wares in a location that is within 150 feet of the location of any other peddler or hawker.
g. 
No peddler or hawker shall leave any peddling car, wagon or other conveyance device unattended on the streets or sidewalks or other public passages of the Borough at any time.
h. 
No person shall peddle or hawk from any street in which stopping, standing or parking is restricted.
i. 
No person shall peddle or hawk within 25 feet of any intersection within the Borough.
j. 
No person shall peddle or hawk, solicit or conduct business with or sell to persons in motor vehicles.
k. 
No person shall sell food, drinks, ice cream or confections of any kind for immediate consumption unless he has available for public use his own litter receptacle which must be attached to his or her cart or vehicle, which shall be clearly marked and maintained for his patronage use, nor shall any peddler or hawker leave any location without first picking up, removing and disposing of any trash or refuse remaining from the sales made by him.
l. 
No peddler shall 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. No signs which are not physically attached to the vending unit shall be permitted.
m. 
No peddler or hawker shall use or operate any loudspeaker, public address system, sound amplifier, horn, bell, radio, record player, tape, CD player, musical instrument or any similar device used to attract the attention of the public.
n. 
No peddler shall engage in the business of selling at any location without giving a written receipt to each customer, or engage in the business of selling at any location without maintaining on his person or on the cart or vehicle receipts showing the sales made during the preceding week. The receipt shall clearly show the seller's name, business address, license number, a description of the merchandise sold and the purchase price and shall be sequentially numbered.
o. 
No peddler or hawker shall station, place, set up or maintain his cart or goods against display windows at fixed location businesses, nor shall they be within 25 feet from an entrance to any building, store, library, school or other place of public assembly.
p. 
No peddler or hawker shall violate any parking traffic law, ordinance or regulation or operate in any such manner as to restrict the continued maintenance of a clear passageway for vehicles.
q. 
No cart, trailer or other unit from which selling is conducted shall have more than one single axle nor shall said cart, trailer or unit be larger than four feet by eight (4 x 8) feet.
r. 
Pushcart vending shall be prohibited on all streets at all times due to traffic congestion and conditions potentially dangerous to vendors, their customers, pedestrians and motorists.
[1988 Code § 122-5]
No person or entity shall sell, offer for sale, hawk or peddle in the Borough before 10:00 a.m. or after 7:00 p.m., prevailing time, daily, including Sundays and holidays.
[1988 Code § 122-6]
It shall be the duty of any Police Officer to require any person seen peddling, and who is not known by such officer to be licensed, to produce his peddler's license and to enforce the provisions of this Article against any person found to be violating same.
[1988 Code § 122-7]
This Article shall not be construed to include:
a. 
The delivery of milk, eggs, bread, newspapers or such other necessary and perishable articles of food or merchandise of the type commonly delivered on a house-to-house basis at intervals of less than one week.
b. 
Federal census takers and polls or surveys taken pursuant to Federal, State or local laws.
c. 
Any veteran or volunteer fireman who holds a special license issued pursuant to N.J.S.A. 45:24-9 shall be exempt from application for a license, but shall be required to comply with all other applicable sections of this Article.
[1988 Code § 122-8]
The equipment used or employed by peddlers of edible food products, confection and other related commodities shall be maintained in a clean and sanitary manner and be subject to inspection, which inspection shall be made before the issuance of a license and, additionally, may be made at any time thereafter. Any violation found and not immediately corrected shall be grounds for immediate revocation of the license.
[1988 Code § 122-9; Ord. No. 579-10 § 4]
a. 
Areas Where Licensed Vending is Permitted. No person shall hawk, peddle or vend any food products, beverages, confections, goods, wares, merchandise or commodities of any type or description upon the public beaches in the Borough of Cape May Point, except for the sale of packaged ice cream, water, water ice and soft pretzels under a license issued by the Borough as hereinafter provided.
b. 
Number and Geographic Location of Licenses. There shall be a maximum of two licenses issued for beach vending within the Borough, the location of each is as follows: one license shall be only and exclusively for vending on Brainard Beach and one license shall be only and exclusively for vending on St. Peter's Beach. The same person, partnership, company, corporation, limited liability company or any other entity cannot own both licenses.
c. 
Regulation of Sales. Each license for beach vending, designated above, shall be regulated as follows:
1. 
Each vendor shall be permitted one vending table attached to which may be one sign no greater than three feet by three feet in measurement which sign must include language indicating that trash must be returned to the vendor for disposal.
2. 
There must be a trash receptacle at the vending site and all trash must be removed from the beach at the end of each day.
3. 
A maximum of two umbrellas, for sun protection only, shall be permitted at the table.
4. 
The table cannot breach the dune area but must be located at the toe of the dune away from the area inhabited by the general public.
5. 
There shall be no solicitation of beach goers.
6. 
The above shall be subject to prior approval of the Borough Officials.
d. 
There will be no vending on the beaches except between the hours of 10:00 a.m. and 5:00 p.m., prevailing time, daily, including Sundays and holidays.
e. 
All other regulations in regard to beach vending shall be as set forth in this, Chapter 122, Article I except that the regulations contained in Sections 122-9 shall prevail over Section 122-1 through 122-8 and 122-10 through 122-14.
[1988 Code § 122-11]
As a condition to the issuance of a license pursuant to this Article, any person or entity seeking to engage in hawking or peddling within the Borough of Cape May Point shall furnish to the Municipal Clerk a certificate of insurance indicating that such person or entity is covered by a policy of general liability insurance with minimum limits of $500,000 for injury to any one person and one million ($1,000,000) dollars for injury for more than one person and property damage limits of $100,000. Such person or entity shall further provide to the Municipal Clerk an appropriate endorsement indicating that the Borough of Cape May Point is designated as an additional insured. Failure to provide such insurance or a certificate of insurance or an endorsement naming the Borough of Cape May Point as an additional insured shall be cause for the denial of a license pursuant to this Article.
[1988 Code § 122-12]
Any person or entity violating this section or any agent, servant or employee of such person or entity having been issued a license pursuant to this Article, who violates any provisions of this Article shall, upon conviction in the Municipal Court be liable to the penalty stated in Chapter 1, Section 1-5. The aforesaid penalties may be imposed in addition to any other penalty provided elsewhere herein, including but not limited to the revocation of a license. The penalties imposed by this Article shall be exclusive to any penalty which may be imposed as a result of any revocation proceeding and such revocation proceeding is exclusive for any penalties imposed pursuant to this Article.
[1988 Code § 122-13]
All applications for licenses accompanied by the required fee shall be made to the Municipal Clerk a minimum of three weeks prior to the proposed effective date of the license, and upon forms provided by the office of the Municipal Clerk, and shall contain the following information:
a. 
The name and permanent local address of the applicant. If the applicant is a corporation, the name and address of its registered agent.
b. 
If a vehicle is to be used, its description, including the license number.
c. 
If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.
d. 
The days of the week and hours of the day during which the licensed activity will be conducted.
e. 
A description of the nature of the business and the goods, property or services to be sold or supplied.
f. 
A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance other than traffic offenses and, if so, the day and place of conviction, the nature of the offense and the punishment or penalty imposed.
[1988 Code § 122-14]
Each applicant shall be referred to the Police Chief, or a Police Officer designated by him, who shall immediately institute whatever investigation of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity he considers necessary for the protection of the public. He shall communicate his or her findings, in writing, to the Municipal Clerk within a reasonable time after the application has been filed. If the investigator decided that the applicant's character, ability or business responsibility are unsatisfactory, or the product, services or activity are not free from fraud, he shall disapprove the application and the Municipal Clerk shall refuse to issue the license and shall so notify the applicant. Otherwise, the Municipal Clerk shall issue the license immediately, provided that the required license fees have been paid. In the event of the refusal of the issuance for a license, the applicant may appeal to the Board of Commissioners for a hearing. The appeal must be filed, in writing, with the Municipal Clerk within 14 days after notification of the refusal. The Board of Commissioners shall hold its hearing within 30 days thereafter. The decision of the Board of Commissioners shall be final.
[1988 Code § 122-15]
a. 
Licenses shall be in a form provided by the office of the Municipal Clerk and shall contain the following information:
1. 
The name and address of the licensee.
2. 
The number and type of the license and the nature of the licensed activity.
3. 
If the licensed activity is conducted from a vehicle, the make, model and license number of the vehicle.
4. 
The expiration date of the license.
5. 
Any other appropriate information which the Mayor or the Board of Commissioners may, by resolution, require.
b. 
The Municipal Clerk shall keep a record of all licenses issued.
c. 
Transferability. Each license shall apply only to the person to whom it was issued and shall not be transferable to another person.
d. 
Expiration Date. All licenses shall expire on December 31 of the year of issue at 12:00 midnight, prevailing time.
[1988 Code § 122-16]
Any license or permit issued by the Borough may be revoked by the Board of Commissioners after notice and a hearing for any of the following causes:
a. 
Fraud or misrepresentation in any application for a permit or license.
b. 
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
c. 
Violation of any provision of this Article.
d. 
Conviction of the licensee for any felony or high misdemeanor or any misdemeanor or disorderly persons offense involving moral turpitude.
e. 
Conduct of the licensed activity, whether by the licensee himself or his agents or employees, in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.
[1988 Code § 122-17]
Notice of a hearing for the revocation of a license shall be given, in writing, by the Municipal Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at his or her last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
[1988 Code § 122-18]
a. 
At the hearing, the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Borough shall revoke or suspend the license if it is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.
b. 
The Board of Commissioners may issue another license to a person whose license has been revoked or denied as provided in this section if, after the hearing, it is satisfied, by clear and convincing evidence, that the acts which lead to the revocation or denial will not occur again; otherwise, no person whose license has been revoked or denied, nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.
[1988 Code § 122-19]
The Board of Commissioners may, by resolution, make rules and regulations which interpret or amplify any provisions of this Article, or for the purpose of administering the provisions of this Article or making them more effective. No regulation shall be inconsistent with or alter or amend any provisions of this Article, and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressed or by implication imposed by any provision of this Article.
[1988 Code § 122-20]
The Cape May Point Volunteer Fire Company is hereby permitted to solicit contributions along the streets and roadways in the Borough of Cape May Point pursuant to the provisions of N.J.S.A. 39:4-60.
[1988 Code § 122-22]
A certified copy of this Article will be provided to each individual agency, to the Board of Chosen Freeholders and to the New Jersey Commissioner of Transportation.