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CROSS REFERENCE: The sale of certain foods on streets is prohibited by Section 13:2-6 of these Revised General Ordinances. The making of noises by hawkers and peddlers is regulated by Section 20:3-13 c, d. Street vendors are required to provide waste receptacles in accordance with Section 29:20-7. Ice cream peddlers are licensed pursuant to Section 13:4-67 et seq. Canvassers and solicitors are licensed and regulated by Section 8:7-10 et seq.
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Editor's Note: For State Statute authorizing a municipality
to license and regulate hawkers and peddlers or to prescribe and regulate
the place of vending or exposing for sale articles and merchandise
from vehicles, see N.J.S. 40:48-1 and N.J.S. 40:52-1(c), as amended.
See also Tagmire v. Atlantic City, 35 N.J. Super. 11, 113 A. 2d 59
(App. Div. 1955), holding that an exempt fireman and honorably discharged
military personnel holding a special license to hawk and peddle issued
by the County Clerk pursuant to N.J.S. 4:24-9 et seq. are exempt from
the municipal licensing requirement.
[R.O. 1966 § 8-7.1; Ord. 6 S+FK, 3-21-1990 § 1]
As used in this Article:
Shall mean Director of the Department of Finance and/or his
designee.
Shall mean any person commonly referred to either as a peddler
or hawker, who goes from place to place or from house to house by
traveling on the streets and carries with him goods, wares and merchandise
for the purpose of selling or delivering them to consumers or any
person who has goods, wares and merchandise of any description sent
from place to place or from house to house by traveling on the streets
for the purpose of selling and delivering goods to consumers.
[R.O. 1966; R.O. 1966 C.S. § 8-7.2; Ord. 6 S+FK, 3-21-1990; Ord. 6 PSF-E, 4-15-2015]
a.
No person shall hawk or peddle any merchandise goods or articles
of any description, or shall operate any peddler's cart, wagon, motor
vehicle or other vehicle, without first procuring a license therefor
from the Director.
b.
No person shall hawk or peddle any food, drink, candy or other consumable
or shall operate any peddler's cart, wagon, motor vehicle or other
vehicle which sells, dispenses, vends or peddles any food, drink,
candy or other consumable item without first procuring a license therefor
from the Director which license shall bear the notation food peddler.
c.
Each application for a license under paragraph b must be accompanied
by a certificate from a licensed and practicing physician of the State
of New Jersey, certifying that the applicant has been examined on
a certain date, within 60 days prior to the filing of the application;
and that, in his opinion, the applicant is of sound physique, not
subject to any contagious disease, illness, sickness and/or any other
infirmity of body or mind which might make him unfit for the safe
selling, dispensing, peddling, vending of any food, drink or other
consumable item.
d.
Each applicant for a license under paragraph a and b shall possess
a City of Newark Municipal Identification Card upon implementation
of the Municipal Identification Card program. Each applicant shall
be required to produce a certificate of registration from the Director
of the Division of Taxation of the New Jersey State Department of
the Treasury. Every applicant who held a license issued under this
chapter during the year preceding the application shall present proof
of payment of New Jersey Sales Tax required pursuant to N.J.S.A. 54:32B-1
et seq.
[R.O. 1966; R.O. 1966 C.S. § 8-7.3; Ord. 6 S+FO, 6-25-1986 § 1; Ord. 6 S+FK, 3-21-1990 § 1; Ord. 6 PSF-D, 8-3-2016 § 5]
a.
The fee for a license issued to a hawker or peddler or any person
operating any peddler's cart under this Article shall be $250 per
year, except that the fee for a license issued to an applicant who
has attained the age of 62 years or older shall be $100 per year and
the fee for a license issued to hawk or peddle goods or merchandise
at a parade or other public event shall be $50 per day.
b.
The fee for a license issued to a motor vehicle under this Article
shall be $500 per year, except that the fee for a license issued to
an applicant who has attained the age of 62 years or older shall be
$100 per year and the fee for a license issued to hawk or peddle goods
or merchandise at a parade or other public event shall be $50 per
day.
c.
All licenses issued, and renewals thereof, under this chapter shall
expire on April 30th after its date of issuance. The Division of Tax
Abatements/Special Taxes shall establish administrative rules and/or
regulations pertaining to scheduling for the issuance of a peddler's/hawker's
license.
d.
The license fee shall be payable upon the presentation of the application
and shall be returned less the sum of $10 in the event such license
is not granted.
e.
The fee for issuance of a duplicate license to replace a lost license
or for an amended license shall be $25.
[R.O. 1966 § 8:7-4; Ord. 6 S+FK, 3-21-1990 § 1]
a.
Any person holding a license issued pursuant to N.J.S.A. 45:24-9
et seq. shall be exempt from the licensing provisions of this Article
provided, however, that such a license-holder shall be required to
comply with all other provisions of this Article.
[R.O. 1966 § 8:7-5; Ord. 6 S+FK, 3-21-1990 § 1]
Upon the issue of such license, the Director shall furnish the
licensee with a plate or badge bearing a number corresponding to the
number of the license and the year in which issued. If a vehicle is
used in the conduct of his business, the licensee shall attach the
plate to some conspicuous part of his vehicle, and if no vehicle be
used, the licensee shall expose his badge to public view, by wearing
the same upon some conspicuous place upon his person.
[R.O. 1966; R.O. 1966 C.S. § 8:7-6; Ord. 6 S+FG, 12-20-1989 § 1; Ord. 6 S+FK, 3-21-1990 § 1; Ord. 6 PSF-D, 8-2-2017; amended 4-19-2023 by Ord. No. 6PSF-A, 04-19-2023]
No peddler shall:
a.
Engage in the business of peddling unless his cart is mounted on
at least 2 wheels, which wheels are of a diameter of not less than
8 inches.
b.
Station, place, set up or maintain his cart or vehicle or allow it
to remain on any sidewalk if to do so would place him closer than
50 feet to any other peddler if not separated by a public street.
c.
Station, place, set up or maintain his cart on the sidewalk or allow
it to remain there except at the curb line for the purpose of selling
goods, wares or merchandise therefrom.
d.
Station, place, set up or maintain his cart or vehicle or allow it
to remain at the same location on any sidewalk or street for more
than 15 minutes unless a sale is transacted or a potential customer
is actually stopped at the cart surveying the peddler's wares. After
each sale or survey by a potential customer, the 15 minute period
begins anew. At the expiration of the 15 minute period, without a
transaction, the peddler must move his cart at least 50 feet from
the location. The peddler may not return to any location from which
he has moved in accordance with the requirements of this subsection
or to any place within 50 feet of the location for two hours of this
subsection until after 2 hours.
e.
Station, place, set up or maintain his cart or allow it to remain
on any sidewalk in such a way as would (1) substantially restrict,
obstruct, interfere with or impede the pedestrian's right of way;
(2) substantially restrict, obstruct, interfere with or impede the
ingress or egress from the abutting property; (3) create or become
a nuisance; (4) increase traffic congestion, cause or increase traffic
delay or hazards; (5) cause, create or constitute a danger to life,
health or property; and (6) 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 shall be clearly marked
and maintained for his patronage use. No peddler shall leave any location
without first picking up, removing and disposing of any trash or refuse
remaining from sales made by him.
f.
Use a cart the dimensions of which exceed two feet in width, four
feet in length and four feet in height including wheel height, while
conducting business on any sidewalk.
g.
Use any cart which fully loaded with merchandise, cannot be easily
moved and maintained under control by the licensee, his employee or
attendants.
h.
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.
i.
Leave any cart unattended at any time or store, place or lease the
same overnight on any sidewalk or public way of the City.
j.
Engage in the business of selling between 9:00 p.m. and 7:00 a.m.
k.
Station, place, set up or maintain his cart or his goods, wares or merchandise, or allow them to remain on any part of the sidewalk for sale or display or be sold if to do so would place the seller or his goods, wares or merchandise closer than 10 feet from intersecting streets or sidewalks, except for stands licensed to sell newspapers or stands licensed pursuant to Section 8:11-1 et seq. of the Revised General Ordinances as market places.
l.
Station, place, set up or maintain his cart or allow it to remain
on any sidewalk if to do so would reduce the unobstructed pedestrian
right of way to less than six feet. The Department of Engineering
may by regulation change the width of pedestrian right of way space
required, as circumstances required.
m.
Engage in the business of peddling within 10 feet of any location
where the curb has been depressed to facilitate pedestrian or vehicle
movement.
n.
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 receipts shall show clearly the seller's name, business address,
license number, a description of the merchandise sold, and the purchase
price and shall be sequentially numbered.
o.
Engage in the business of peddling on any sidewalk or along any street
within 60 feet of a bus stop sign except as set forth below. Between
the hours of 8:00 a.m. and 9:00 a.m., and between the hours of 4:00
p.m. and 5:30 p.m., on Broad Street between Green Street and New Street
and on Market Street between Washington Street and East Raymond Plaza,
no peddler shall engage in the business of peddling within 180 feet
of a bus stop sign.
p.
Engage in the business of peddling on any sidewalk or along any street
within 15 feet of any fire hydrant, crosswalk or driveway.
q.
Station, place, set up or maintain his cart or goods at any location
between the curbline and an entrance way to any building, store, theatre,
library, school, museum, movie house, sports arena or other place
of public assembly. For purposes of this section "entrance way" shall
include a door providing ingress and egress to such places and any
recessed area in the vicinity of the door.
r.
Place a vehicle or cart or conduct a general peddling business at
a location in the street where stopping, standing or parking is prohibited,
or being a time period when stopping, standing or parking is restricted.
s.
Violate any traffic parking law, ordinance or regulation, or operation
in such a manner as to restrict the continued maintenance of a clear
passageway for vehicles.
t.
Engage in the business of peddling without prominently displaying
on his cart his certificate of registration from the Director of the
Division of Taxation of the New Jersey State Department of Treasury.
u.
Engage in the business of hawking or peddling with a motor vehicle
along any street located within the City of Newark, other than the
Downtown District, that is less than 200 feet from another hawker
or peddler also operating its business out of a motor vehicle.
For the purposes of sentencing, each violation of each subsection
shall be considered a separate offense.
v.
Engage in the business of peddling within the boundaries of any Special
Improvement District without having obtained approval for the District
Management Corporation designated by the City of Newark to manage
the said Special Improvement District.
w.
Engage in the business of peddling within the boundaries of Bloomfield
Avenue/Lower Broadway Business Improvement District, except within
the following areas: Bloomfield Avenue between Lake Street and Highland
Avenue; Bloomfield Avenue between Roseville Avenue and North 10th
Street.
[R.O. 1966 § 8:7-7; Ord. 6 S+FK, 3-21-1990 § 1]
The license herein provided for may be suspended or revoked
by the Director upon notice and hearing. The license may be suspended,
for a period not to exceed 10 days, for repeated failure to comply
with the direction of a law enforcement officer or a representative
of the Division of Tax Abatements/Special Taxes, to cease a practice
which constitutes a violation of the ordinance. The license may be
revoked for the following causes: procurement of the license by fraud,
misrepresentation, false or misleading statements in securing a peddler's
license, or evasion or suppression of material facts in the application
for a peddler's license; fraud, misrepresentation or knowingly false
statement in the cause of carrying of the business of peddling under
this ordinance; three conviction of violations of any sections of
this ordinance. Notice of the hearing shall be given in writing, shall
be mailed 10 days prior to the hearing date, and shall set forth the
grounds for suspension or revocation.
[R.O. 1966 § 8:7-8; Ord. 6 S+FK, 3-21-1990 § 1]
Any person which fails to secure a license or violates any of
the provisions of this Article shall by conviction be subject to one
or more of the following penalties:
