[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.