[HISTORY: Adopted by Mayor and Council of the Borough of
Wenonah 12-12-1983; amended 12-29-1983; 12-12-1991; 7-27-2006 by Ord. No.
O-06-15; amended in its entirety 4-23-2020 by Ord. No. 2020-6. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who goes from house to house or from place to
place offering or exposing food, merchandise, or services for present
or future sale, or who engages in any of the foregoing activities
from a location on the street or other public place. Included in the
definition are persons who go from house to house or place to place
collecting information or financial contributions or distributing
literature.
Anything or any service sold or offered for present or future
sale by a vendor, including, but not limited to, merchandise, goods,
food, seasonal items, home repair services, or vegetation.
The purpose of this chapter is to promote orderly business practices,
protect public safety and health, prevent unfair business practices,
promote the quiet enjoyment of public and private lands and prevent
dishonest business practices by the regulation of conduct and the
imposition of license fees.
A.Â
It shall be unlawful for any vendor to do business with the Borough
without first obtaining a license from the Borough.
B.Â
Except as provided in § 40-15, any person claiming an exemption from the license required by this chapter under state or federal law will not be allowed to do business in this Borough unless, at least 14 calendar days before beginning business activity:
(1)Â
They submit sufficient proof of their eligibility for exemption.
(2)Â
They complete the application process as otherwise required by this
chapter in order that they may be identified and regulated as allowed
by law.
(3)Â
They appear of good character as evidenced by a lack of criminal
convictions for crimes of theft, fraud, burglary or the like.
Any person desiring a license pursuant to this chapter shall
file with the Borough Clerk or Administrator an application. The application
shall be completed in triplicate and filed with the Borough Clerk
or Administrator at least 14 calendar days prior to the first day
of the proposed activity. The applicant shall supply the following
with the application for each person who will be engaged in peddling
and soliciting in the Borough municipal limits:
A.Â
A statement as to whether or not the applicant has been charged with
or convicted of any crime or disorderly persons' offense or violation
of any municipal ordinance other than a traffic violation, and the
nature, dates and places of such offenses and the punishment or penalty
assessed therefor.
B.Â
An original letter, addressed to the Borough Clerk or Administrator,
from the firm for which the applicant purports to work, authorizing
the applicant to act as its representative.
C.Â
A list of all towns in New Jersey in which the applicant has conducted
business in the last 12 months, setting forth the specific dates.
D.Â
A statement of whether the applicant has been refused or had revoked
a similar license at any time.
E.Â
Copy of social security card.
F.Â
A current driver's license.
G.Â
A New Jersey sales tax certificate.
H.Â
Federal taxpayer identification number.
I.Â
A recent photograph of themselves to be kept with the Borough Clerk
or Administrator.
J.Â
Proof of insurance where insurance is required by this chapter.
K.Â
An instrument, in writing, nominating and appointing the Borough
Clerk or Administrator the applicant's true and lawful agent with
full power and authority to acknowledge service of notice of process
for and on behalf of the applicant in respect to any matters connected
with or arising out of license. It shall also contain recitals to
the effect that the applicant consents and agrees that service of
any notice of 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 state, and waiving all claim or right of
error by reason of such acknowledgment of service or manner of service.
L.Â
A copy of the criminal background history check dated within 30 days
of the application date. The Borough of Wenonah does not obtain criminal
background history checks. The applicant may obtain a criminal history
record via a service sanctioned by the New Jersey State Police. A
background history check must be submitted in sealed an envelope directly
from the issuing agency or service.
A.Â
The completed application shall be referred to the Chief of Police,
who shall cause to be made such investigation of the applicant and
its agents and employees as the Chief deems necessary to determine
if the requirements of this article have been met and as may be needed
for the protection of the public welfare.
B.Â
The applicant shall be fingerprinted as to determine if any grounds
for denial exist.
C.Â
The Chief of Police shall endorse on such application his approval
or disapproval, with his reason for the same, and return the application
to the Borough Clerk or Administrator, who shall notify the applicant.
D.Â
The Borough Clerk or Administrator, upon the payment of the prescribed
license fee, shall execute and deliver to the applicant his license.
A.Â
Each application shall be accompanied by payment of $10 to cover
the administrative cost of the application.
B.Â
Upon granting of a license, the licensee shall prepay the sum of
$10 for each day the licensee intends to do business in the Borough.
Each license shall state its effective dates and the dates upon which
they shall be permitted to do business.
A.Â
Each license issued shall only authorize the person named in such
license to engage in business. Such licenses shall not be transferable
from the person to whom issued to any other person.
B.Â
All licenses shall specifically limit activities and operations of
the person holding the same to the hours between 9:00 a.m. and 9:00
p.m. on any day of the week; provided, however, that the activities
and operations of a person holding a vendor's license for the sale
of ice cream or similar frozen desserts shall be limited to between
the hours of 9:00 a.m. and sunset.
Every person holding a license under this chapter shall be required
to carry and conspicuously display their license while soliciting
within the Borough.
Any person or organization subject to this chapter shall complete
a new application for a license after 12 months have passed since
the date the last application was approved.
A.Â
Licenses issued under this chapter may be temporarily suspended on
verbal notice by the Borough Clerk or Administrator or any law enforcement
officer, and permanently revoked by the Municipal Court Judge after
reasonable notice and hearing, for any of the following causes:
(1)Â
Misrepresentation or false statement contained in the application
for the license.
(2)Â
Misrepresentation or false statement made in the course of carrying
on activities regulated herein.
(3)Â
Conviction of any crime involving moral turpitude.
(4)Â
Conducting business in violation of any provision of this chapter.
(5)Â
Violation of any state statute or Borough ordinance while soliciting
within the Borough.
B.Â
Notice of hearing for revocation of a license shall be given in writing,
setting forth the grounds of complaint and the time and place of hearing.
Such notice shall be served upon the licensee or mailed, postage prepaid,
to the licensee at the addresses given by the licensee in making application
herein, at least five days prior to the date set for hearing.
Any person aggrieved by the action of the Chief of Police or
the Borough Clerk or Administrator in the denial of an application
for a license shall have the right of appeal to the Borough Council.
Such appeal shall be taken by filing with the Borough Clerk or Administrator,
within 14 calendar days after notice of the action complained of,
a written statement setting forth fully the grounds for the appeal;
and notice of such hearing shall be given to the appellant in the
same manner as provided herein for notice of hearing on revocation.
The decision and order of the Borough Council on such appeal shall
be final and conclusive.
A.Â
Except as otherwise provided by specific exception in this chapter,
persons subject to this chapter, including persons claiming an exemption
from the requirements of municipal licensing, shall not:
(1)Â
Solicit, conduct business with or sell to persons in motor vehicles.
(2)Â
Station, place, set up or maintain wares or equipment in such a way
as would restrict, obstruct, interfere with or impede the pedestrian's
right-of-way; restrict, obstruct, or interfere with the use or enjoyment
of the abutting property; create or become a nuisance; increase traffic
congestion or cause or increase traffic delay or hazards; cause or
create or constitute a danger to life, health, or property; or sell
food, drinks, ice cream or confections of any kind for immediate consumption
unless such person has available for public use a litter receptacle,
which must be attached to the person's cart or vehicle, which shall
be clearly marked and maintained for patron use, nor shall any person
leave any location without first picking up, removing and disposing
of any trash or refuse remaining from their product or service.
(3)Â
Leave wares unattended at any time or store, place or leave the same
overnight on any sidewalk or public way of the Borough.
(4)Â
Station, place, set up or maintain wares closer than 20 feet from
the curbline or end of pavement of intersection streets.
(5)Â
Place wares in such a way as would reduce the unobstructed pedestrian
right-of-way on a sidewalk.
(6)Â
Engage in business within 20 feet of any location where the curb
has been depressed to facilitate pedestrian or vehicle movement.
(7)Â
Engage in business on any sidewalk or along any street within 100
feet of any fire hydrant, crosswalk or bus stop, or within 25 feet
of any driveway.
(8)Â
Place wares in front of the display windows or signs of fixed-location
businesses, nor shall they be within 20 feet from the entrance door
to a fixed-location business.
(9)Â
Operate in such a manner as to restrict the continued maintenance
of a clear passageway for vehicles or pedestrians.
(10)Â
Engage in business 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.
(11)Â
Engage in business within 200 feet of the grounds of any church,
synagogue or other house of worship between 1/2 hour prior to the
start of the service and 1/2 hour after dismissal at the end of the
service.
(12)Â
Use or operate any audio or visual device for the purpose of
attracting attention, entertaining the public, or self-entertainment.
(13)Â
Sell from any one site or area for a period of more than four
hours, including time for setup and breakdown of a vending unit. After
four hours, the vending unit or vendor must move to a new location
at least 300 feet away from where he was doing business or cease doing
business. No vendor may return to the same location in any calendar
day. No vendor shall place any object, sign, or person nor take any
action designed to reserve a location for their use. Any such object
may be removed and kept as evidence of a violation by any person,
who shall promptly surrender it to the police.
(14)Â
Place wares other than one vending unit, whether it be a cart,
single table no larger than 96 inches long by 48 inches wide by 72
inches high, or display unit similar to a table which shall occupy
a space no larger than 32 square feet. The Borough Clerk or Administrator
may grant an exception to size limits with the advice and consent
of the Chief of Police in the case of the sale of certain holiday
items sold for limited times during the year.
(15)Â
Engage in business within 300 feet of any fixed place of business
selling substantially similar merchandise. A food vendor shall not
operate within 300 feet of a restaurant.
B.Â
A vending unit is a selling or display unit, with or without wheels,
intended to serve as a transportable structure for facilitating the
display, sale and transportation of merchandise. All equipment installed
in any part of the vending unit or articles carried by the unit shall
be secured in order to prevent movement during transit and prevent
detachment in the event of a collision or overturn.
C.Â
In the event that food or beverage is sold by any licensee, a certificate
of health compliance issued by the Gloucester County Department of
Health to the licensee shall be conspicuously displayed on the vending
unit. Selling food and beverage shall be prohibited in the Borough
of Wenonah without such a certificate of health compliance. Furthermore,
any vendor selling food shall provide proof of an insurance policy
issued by an insurance company licensed to do business in the State
of New Jersey protecting the vendor and the Borough from all claims
or damages to property and bodily injury, including death, which may
arise from operations under or in connection with the vending. Such
insurance shall name as an additional insured the Borough of Wenonah
and shall provide that the policy shall not terminate or be canceled
prior to the expiration date without 30 days' written notice to the
Borough. The minimum amount of the insurance to be maintained is $500,000.
Every person to whom a license is issued under the terms of
this chapter shall be governed by the following rules and regulations:
A.Â
All circulars, samples, or other advertisements shall be delivered
in person to the recipient or left in a secure place located on the
recipient's dwelling premises.
B.Â
No person shall enter or attempt to enter the dwelling of any resident
without an express invitation from an occupant of the dwelling.
C.Â
No person shall conduct themself in such a manner as to become objectionable
to or annoy any occupant of any dwelling. Signs posted by property
owners stating "no soliciting" or similar thereto shall be obeyed.
A.Â
Registered organizations.
(1)Â
Any nonprofit religious, charitable, educational, civic or veterans
organization, volunteer first-aid organization, fire company, environmental,
volunteer community improvement groups, or political organization
organized and located in the Borough desiring to solicit or have solicited
in its name money, donations of money or property or financial assistance
of any kind, or desiring to sell or distribute any item of literature
or merchandise for which a fee is charged or solicited at any place
or places within the Borough for charitable, religious, patriotic,
or philanthropic purpose, shall be permitted to conduct such business
in the Borough without a license upon the filing of a sworn application,
in writing, to the Borough Clerk or Administrator, which shall give
the following information and documentation:
(a)Â
Name and address of organization.
(b)Â
Nature and location of planned activity.
(c)Â
Period during which solicitation or sale is to be carried on.
(d)Â
Name, address and telephone number of the person(s) who is (are)
the designated contact person(s) for the organization.
(e)Â
Names, addresses, dates of birth and social security numbers
of all persons who are not Borough residents who will conduct solicitations
or sales.
(f)Â
A copy of the criminal background history check for each individual designated in Subsection A(1)(e) above, dated within 30 days of the application date. The Borough of Wenonah does not obtain criminal background history checks. The applicant may obtain a criminal history record via a service sanctioned by the New Jersey State Police.
B.Â
Special exemption.
(1)Â
The Borough Council, by resolution, may exempt from compliance with
any part or parts of this chapter any person or organization. Any
person or organization seeking an exemption must make a written request
to the Borough Clerk or Administrator at least 30 calendar days before
the start of the activity for which the exemption is sought. The Borough
Council may place conditions or restrictions on the granting of an
exemption.
(2)Â
Criteria for exemption. The following are criteria to be applied
when considering whether an exemption will be granted:
(a)Â
The charitable nature of the organization.
(b)Â
The number of participants who are Borough residents, eliminating
or minimizing the need for identifying information.
(c)Â
The reputation of the individual or organization in the community.
(d)Â
The financial or human resource burden of compliance with any
provision of this chapter when weighed against the benefit to the
Borough.
(e)Â
Whether the activity will result in or lead to a benefit to
the Borough residents such as lower taxes, increased public services,
betterment of the community or other public benefit.
(f)Â
The need to regulate the activity to address safety, health
or other concerns.
C.Â
Specific exemptions.
(1)Â
Seasonal ice cream trucks delivering ice cream products to developments
and mobile lunch trucks delivering food products to construction sites
within the Borough of Wenonah may be provided extended permit periods
and reduced fees.
(2)Â
Criteria for exemption from fees. Section 40-6, Fees, Subsection B, shall be exempted as applied to ice cream trucks delivering to developments and mobile lunch trucks delivering to construction sites within the Borough of Wenonah so as to grant a monthly license with the requirement that the licensee shall prepay the sum of $100 for each month he intends to do business in the Borough. Each license shall state its effective dates and the dates upon which they shall be permitted to do business. The application process set forth in § 40-4, licensing provisions and other processes, conditions and requirements of this chapter shall remain in effect as to these exempted categories.
(3)Â
Seasonal ice cream trucks and mobile lunch trucks shall solicit and
conduct their business no further than five feet from the grass or
curbline of any public street and in any manner that does not obstruct
the clear passageway for vehicles or pedestrians.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine in an amount not less than $300 nor more than $500; upon a second
violation, a fine in an amount not less than $500 nor more than $800;
and upon a third or subsequent violation, a fine in an amount not
less than $800 nor more than $1,000; and/or a period of community
service not to exceed 14 calendar days. Whenever such person shall
have been officially notified or by service of a summons in a prosecution,
or in any other official manner, that said person is committing a
violation, each day's continuance of such violation after such notification
shall constitute a separate offense, punishable by fine amounts or
penalties previously described in this section.
Should any section, clause, sentence, phrase or provision of
this chapter be declared unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the remaining
portions of this chapter.
Prior Chapter 40, entitled "Peddlers, Hawkers and Solicitors," and any other ordinances or parts of ordinances inconsistent with this chapter be and the same are hereby repealed to the extent of such inconsistencies.
This chapter shall take effect immediately upon final passage
and publication in accordance with law.
