Borough of Woodstown, NJ
Salem County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Woodstown: Art. I, 6-10-1940 as Ord. No. 100, amended in its entirety 12-14-1992 by Ord. No. 459; Art. II, 5-2-1938 as Ord. No. 90 and 8-8-1955 as Ord. No. 161. Section 63-16 amended at time of adoption of Code; see Ch. 1, General Provisions. Subsequent amendments noted where applicable.]
[Adopted 6-10-1940 as Ord. No. 100; amended in its entirety 12-14-1992 by Ord. No. 459]
For the purposes of this Article, the terms used herein are defined as follows:
PEDDLER
A person who goes from place to place or from house to house and carries with him goods, wares and merchandise for the purpose of selling and delivering them to consumers or who offers to provide services to consumers for a fee.
PERSON
An individual, firm, partnership, corporation, voluntary association, incorporated association and principal or agent thereof.
SOLICITOR
A person engaged in the sale of goods or services by sample, demonstration or explanation or taking orders for future delivery of the same, with or without accepting an advance payment for the goods or services.
TRANSIENT MERCHANT
A person, commonly referred to either as a "transient merchant" or "itinerant vendor," who engages temporarily in business in this municipality by occupying a room, building, tent, vehicle, lot or other premises for the purpose of selling services, goods, wares or merchandise. The words "transient merchant" shall also include any person who conducts any traveling or street show, carnival or circus for which admission is charged or in connection therewith sells or displays for sale any goods, wares and merchandise. This definition shall also include any shows which provide games of chance or skill for which prizes can be awarded and for which a fee is charged to participate.
TRANSIENT MERCHANT PEDDLER
A person who engages in business as a transient merchant and, pursuant thereto, becomes a peddler or hires a peddler as defined above.
[Amended 8-26-97 by Ord. No. 517]
The purpose of this Article is to prevent dishonest business practices by regulation of the licensees and to promote the peace and security of residents within the Borough of Woodstown. This Article is also designed to prevent distraction and unsightly displays during the annual Fourth of July parade and to regulate and control solicitation during the annual Fourth of July parade.
[Amended 8-26-97 by Ord. No. 517]
It shall be unlawful for any peddler, solicitor, transient merchant or transient merchant peddler to offer to sell or dispose of any goods, wares or merchandise or to provide any services within the Borough of Woodstown without first obtaining a license. Notwithstanding the fact that an individual may be licensed, there shall be no sales, displays, solicitations or any other form of commercial activity by the persons required herein to be licensed from 7:00 a.m. to 12:00 noon on the day of the annual Fourth of July parade. This prohibition shall not prevent sales or sales activity conducted within a residence in the Borough of Woodstown.
A. 
The following persons shall be exempt from the payment of any fee to obtain a license as set forth herein:
(1) 
Any person selling fruits, vegetables and farm products grown by himself, with or without the help of others.
(2) 
Any person who has in his or her possession a license issued by the county of residence pursuant to N.J.S.A. 45:24-9 providing for special licenses to honorably discharged soldiers, sailors and marines, nurses or army field clerks and exempt firemen subject to the limitations provided in N.J.S.A. 45:24-10 through N.J.S.A. 45:24-13, inclusive.
B. 
All persons subject to the protection of N.J.S.A. 45:24-7 shall be exempt from any licensing requirement to the extent that they are soliciting or conducting sales on behalf of a charitable or religious society or on behalf of an historical society.
C. 
The provisions of this Article requiring a license shall not apply to any person under the age of 18 years who seeks employment on either a temporary or permanent basis with any resident in the borough or who undertakes the sale of any goods or merchandise to raise funds for any educational, charitable or public purpose from which sale the individual realizes no personal monetary gain.
[Amended 8-26-97 by Ord. No. 517]
A. 
Any person desiring a license shall complete and sign an application under oath and file the same with the Woodstown Chief of Police, who shall then file a duplicate copy with the Municipal Clerk along with a check for the full amount of the license fee. Applications can only be submitted by individuals, and licenses can only be issued to individuals. No license shall be issued to a corporation, partnership or other business entity. The following information shall be contained in all applications:
(1) 
The name by which the applicant is known or has ever been known. If the applicant has ever been known by any other name, the period of time during which the name was utilized shall be detailed.
(2) 
The permanent home residence address of the applicant shall be detailed which address shall include a number, street, municipality, state and zip code. If the applicant does not intend to continue residence at this location for at least one year, this fact shall be stated, and the anticipated new address shall be included. If the applicant has resided in the residence first detailed for less than one year, then all previous residences shall be listed for a period of three years prior to the application date.
(3) 
The name, address and telephone number of the person from whom and the company from which goods making up the stock were or are to be purchased.
(4) 
If the applicant has a permanent place of business, the address of that place of business, the name of the business and the address for same shall be provided. The business address shall include a street number and name.
(5) 
The length of time for which the license is requested.
(6) 
A description of the goods to be offered for sale.
(7) 
A description of any services to be provided.
(8) 
The applicant's telephone number and the name, address and telephone number of the applicant's employer.
(9) 
The location where the business is to be conducted.
(10) 
The applicant's arrest and conviction history for crimes and offenses including the particular statute or ordinance, the state where the arrest occurred and the date for any such arrests and/or convictions.
(11) 
The applicant's social security number, sex and date of birth.
(12) 
Driver's license number and state of issuance.
B. 
Two pictures of the applicant being two inches by three inches in size shall be attached to the application. These pictures shall be an excellent and current likeness of the applicant and shall suitably describe the applicant so that he or she may be readily compared with the picture to confirm identity.
C. 
All applicants shall provide at least a thumb print to the Chief of Police to be retained by him.
[Amended 8-26-97 by Ord. No. 517]
At the time an application is completed, the applicant shall sign an instrument nominating and appointing the Borough Clerk as his/her true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the license should a license be issued. It shall contain recitals to the effect that the applicant consents and agrees that service of any notice or process may be made upon such agent and when so made shall be as valid as if personally served upon the applicant according to the laws of this or any other state and waiving all claim or right of error by reasons of such acknowledgment of service or manner of service.
[Amended 8-26-97 by Ord. No. 517]
A. 
The signed and notarized application shall be filed with the Woodstown Chief of Police who shall have 10 business days to verify the accuracy of the information provided. If all information is determined to be accurate, the application shall be approved by the Chief of Police and the Municipal Clerk shall be notified of this fact. The Chief of Police shall signify his approval or rejection on the reverse side of the application form. If approved, the Municipal Clerk shall issue a license which shall be in the form of a card with one of the pictures furnished by the applicant affixed to the card. This card shall contain the name and signature of the licensee and shall prominently show the date of issuance and date of expiration.
B. 
No person other than the licensed individual may use the license issued by the Municipal Clerk. In cases where any person is regularly operating a truck or motor vehicle from which merchandise is to be sold or delivered, sublicenses may be issued by the Municipal Clerk for substitute drivers or to a route foreman for a period not exceeding one week upon payment of a ten dollar ($10) licensing fee and upon such substitute drivers completing the license application form and furnishing the fingerprint and pictures as herein above provided. The principal license or a certified copy of the same is to be possessed by the sublicensee at all times while conducting business within the borough.
C. 
In the event the Chief of Police shall determine that the applicant is either pending charges of a crime or offense involving moral turpitude, or has been convicted of a crime or offense involving moral turpitude, the application shall be rejected. No portion of the application and licensing fee shall be refunded upon rejection as the fee charged is solely to cover municipal expenses to process licensing applications and verify information.
[Amended 8-26-97 by Ord. No. 517]
All licenses shall be issued on forms approved by the Borough Council and shall be consecutively numbered and contain blank spaces for the name and signature of the licensee as well as a brief description of the merchandise to be sold. The license shall also contain the date of issue and expiration and the picture of the licensee. The picture shall be permanently affixed and the Borough seal applied over the picture to prevent alteration or substitution.
Every person holding a license or certificate under this Article shall be required to have the license in his or her possession while engaged in the business licensed. The license must be produced upon demand of any official of the Borough of Woodstown and must be shown to any prospective customers before engaging in any business.
[Amended 9-26-1995 by Ord. No. 498]
A. 
The license fee to be paid for the license provided by this Article shall be the sum of one hundred twenty-five dollars ($125.), and this license shall be good for the balance of the calendar year in which it is issued. All licenses shall expire on the 31st day of December of the year in which they were issued.
B. 
For exhibitions, circuses, carnivals, medicine shows, traveling or other shows, the fee to be charged shall be $125 plus the actual cost incurred by the Borough of Woodstown to provide such additional police patrols or protection as may be reasonably determined by the Chief of Police. Under no circumstances shall this total fee exceed $500 per day. This fee is to apply whether the show is held under canvas, in buildings, or in the open.
Any license may be suspended for not more than two weeks by the Woodstown Chief of Police, without a hearing, for violations brought to his attention. A license may be revoked by a majority of the Borough Council or by the Municipal Court Judge upon a complaint duly signed for a violation of this Article. The licensee shall be entitled to receive written notice of any charges against him and shall have a reasonable opportunity to be heard and shall be notified of any proceedings by the Municipal Court or Borough Council concerning a revocation of any license. A notice mailed to the permanent home residence of the licensee listed on the licensee's application shall be deemed notice to the licensee of any proceeding.
Any person required by this Article to procure a license who violates its terms or any of the regulations herein contained shall, upon conviction thereof, pay a fine of not more than $500 or be imprisoned in the county jail for not more than 90 days, or both.
Should any portion of this Article be declared illegal, unconstitutional or unenforceable, it is the intention of the Borough of Woodstown that all remaining sections of said Article remain in full force and effect.
[Adopted 5-2-1938 as Ord. No. 90 and 8-8-1955 as Ord. No. 161]
[Added 8-8-1955 as Ord. No. 161; amended 11-12-1991 by Ord. No. 438]
A. 
Except as provided in this section, it shall be unlawful for any person, firm or corporation to sell goods, merchandise or personal property of any kind or description on any of the sidewalks or streets of the Borough of Woodstown. This restriction shall not apply to the occasional sale of baked goods, crafts, flowers and similar merchandise by nonprofit organizations or groups for a limited time not exceeding eight hours.
B. 
Merchants lawfully operating in a fixed location within the Borough of Woodstown may display a portion of their inventory in the front of their regular business location. The area of display shall not extend more than three and one-half (3-1/2) feet away from the building, and no merchandise shall be displayed within three feet on either side of any entrance or exit.
C. 
From time to time, the Mayor and Council may adopt a special resolution authorizing the display of merchandise in an area greater than the area designated herein; however, under no circumstances shall any display be within three feet of either side of an entrance or exit. It is contemplated that such resolution shall be adopted for special events such as the Woodstown Village Fair Days.
[Amended 2-25-1991 by Ord. No. 432]
No person or entity nor its agents or employees shall distribute or cause to be distributed or strewn about on any street or public place in the borough any newspapers, papers, periodicals, books, magazines, circulars, posters, cards, handbills or pamphlets, hereinafter called "written communications." No such written communications shall be delivered or deposited on or about any unoccupied premises or structures within the borough. All distribution to occupied premises or structures shall be made by physically placing the particular written communication on the stoop, step, porch or entrance, which placement shall be in close proximity to the main entry way of said structure or premises.
[Amended 2-25-1991 by Ord. No. 432]
No person or entity nor its agents or employees shall distribute or cause to be distributed any written communication as detailed above to the occupants of any premises or structure after having received notice from the occupants of said premises or structure that the particular communication was not to be delivered. In no event shall delivery continue to any premises or structure in such a manner as to allow an accumulation of written communications in the designated area for delivery by the originator of said communication.
[Amended 12-11-1972 by Ord. No. 259; 2-25-1991 by Ord. No. 432]
No occupant shall allow an accumulation of any written communications on or about the occupied premises or structure. Under no circumstances shall any such written communications be allowed to remain on the outside of the occupied portion of any structure or premises for more than 24 hours.
[Added 2-25-1991 by Ord. No. 432]
Any person or entity, its agents or servants violating any of the provisions of this Article shall, upon conviction thereof, be subject to a fine of not more than $500 or to imprisonment for a term not to exceed 90 days, or both.
[Added 2-25-1991 by Ord. No. 432]
Should any portion of this Article be declared illegal, unconstitutional or unenforceable, it is the intention of the Borough of Woodstown that all remaining sections of said Article remain in full force and effect.