[HISTORY: Adopted by the Mayor and Council of the Borough of Pine Beach 2-21-1948 by Ord. No. 69. Amended in entirety 3-11-2020 by Ord. No. 2020-01-764. Prior history includes Ord. No. 68-07-179; Ord. No. 81-09-296. Other amendments noted where applicable.]
Hereafter, no person, group, business, corporation or entity shall conduct or solicit business within the Borough of Pine Beach, County of Ocean, unless and until such person, group, business, corporation or entity first obtains a license for that purpose. The applicant for the license shall pay a fee as prescribed by the Borough of Pine Beach, and may not conduct business until the fee is paid and the license is secured. In addition, all persons, groups, businesses, corporations or entities conducting surveys must provide proper identification by reporting to and registering with the Pine Beach Police Department on the date or dates proposed for canvassing or soliciting (before undertaking the canvassing or soliciting) within the Borough of Pine Beach.
A. 
Every applicant for a license under this chapter shall file with the Municipal Clerk a sworn written application on a form to be furnished by said Municipal Clerk, which shall give the following information:
(1) 
The name and description of the applicant.
(2) 
The permanent home address, the business address and full local address of the applicant.
(3) 
A brief statement of the nature of the business and description of the merchandise or service to be sold.
(4) 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
(5) 
The length of time for which the license is desired.
(6) 
A New Jersey Business Registration Certificate and, if construction-related activity is proposed or involved, a New Jersey Contractor's Registration.
(7) 
If a vehicle or vehicles are to be used, a description (make, model, year and color) of such vehicles and the license plate numbers.
(8) 
The place where the goods or property to be sold or offered for sale are manufactured or produced, which such goods or property are located at the time such application is filed and the proposed method of delivery.
(9) 
Two business or banking references located in Ocean County, State of New Jersey.
(10) 
A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offence and punishment or penalty therefor.
B. 
When the aforesaid application is properly filled out and signed and sworn to by the applicant and the license fee is paid, the Municipal Clerk shall issue the license to the applicant, provided that the Chief of Police has completed the background check and if required, that the Ocean County Health Department has issued a current and appropriate food handler's license.
The license fee to be paid for the license prescribed by this chapter is hereby fixed and determined at the sum of $50 per annum.
All licenses issued under the provisions of this chapter shall become effective upon the day of their issuance and expire on the 31st day of December in the year in which such licenses are issued. No rebate or apportionment of the license fee shall be allowed because of the previous expiration of any portion of the calendar year in which said license is issued.
Licenses issued to any person, group, business, corporation or entity under the provisions of this chapter shall not be assignable or transferable.
Every licensee hereunder or, in the case of a corporation, then the person actually in charge of the business carried on under such license, shall have such license certificate in his or her possession at all times when carrying on the business thereby authorized and shall produce such license certificate for inspection upon the request of any Borough official or officer.
A. 
No person, group, business or entity shall conduct or attempt to conduct business at any residence or on any property on which is posted a sign expressly prohibiting such activity nor shall such person, with or without permission of the owner, park on any private property or on a public street for more than five minutes at a time to conduct business from the vehicle carrying merchandise.
B. 
No person, group, business or entity regulated hereunder nor a holder of a license shall sell any goods or merchandise, including but not limited to food, ice cream and soft drinks upon any public beach or other places of public recreation.
C. 
No solicitation shall take place prior to 9:00 a.m. or after 7:00 p.m.
D. 
No person, group, business or entity shall have any exclusive right to any location in the public streets nor shall any permitted a stationary location nor shall they be permitted to operate in any congested area where the operation might impede or inconvenience the public. For the purpose of this chapter the judgement of a police officer, exercised in good faith, shall be deemed conclusive.
It shall be the duty of any and every police officer of the Borough of Pine Beach to enforce the provisions of this chapter and require any person, group, business or entity seen canvassing who is known by such officer to be duly licensed to produce their license.
Any license issued pursuant to the provisions of this chapter may be revoked by the Borough Council of the Borough of Pine Beach, in the County of Ocean, if it shall be shown that the licensee has refused to exhibit a valid license certificate upon request or has been guilty of any fraudulent or unfair dealings or has misrepresented any goods or merchandise offered for sale or who shall habitually violate the provisions of any of the ordinances in force in the Borough of Pine Beach or the laws of the State of New Jersey. In any such case, such charges shall be in writing and a copy thereof served upon such licensee, together with at least five days' notice of the time and place when and where said Borough Council will hear and determine the matter.
Any person, groups, firms, businesses, corporations or entities who shall violate any of the provisions of this chapter shall, upon conviction thereof, be subject to one or more of the following: a fine of not more than $1,000, imprisonment for a period not exceeding 90 days or community service for a period not exceeding 90 days for each and every offense.