[HISTORY: Adopted by the City Council of
the City of Long Branch as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-27-1988 by Ord. No. 61-88 (Sec. 7-10 of the 1971
Code)]
It shall be unlawful for any vendor to sell,
display or offer for sale any food, beverage, confections, goods,
wares, merchandise or commodities of any nature or description without
first obtaining a license from the City.
As used in this article, the following terms
shall have the meanings indicated:
All areas on any street in the City of Long Branch designated
as a parking space by either signage, metering, or stripping at such
location.
[Added 8-28-2001 by Ord. No. 30-01]
Any individual, firm, partnership, corporation, voluntary
association or business entity and any principal or agent thereof.
All areas legally open to public use as public streets, sidewalks,
roadways, highways, parkways, parking lots or spaces, alleys and any
other public ways.
Any newsstand, table, bench, booth, rack, handcart, pushcart,
vending machine or any other fixture or device which is not required
to be licensed and registered by the Department of Motor Vehicles
used for the display, storage or transportation of articles offered
for sale by a vendor.
[Amended 3-27-2001 by Ord. No. 10-01]
Any person, including an employee or agent of another, who
sells or offers to sell or barter food, beverage, goods, confections,
wares, merchandise, services or commodities of any nature or description
on any public street or sidewalk, on or from any public or private
property, from a stand, cart or motor vehicle or from his or her person;
or one who travels by foot, wagon, motor vehicle, pushcart or any
other method of transportation from house to house or street to street
selling or offering to sell or barter food, beverages, goods, confections,
wares, merchandise, services or commodities of any nature or description.
The term "vendor" shall also include "canvasser," "solicitor," "transient
merchant," "itinerant merchant," "peddler," "hawker" or any other
term which describes an activity which is similar to those activities
conducted by a vendor.
Requirements of this article shall not apply
as follows:
A.
Exemption from fee requirement.
(1)
Any charitable or religious body or group that shall
conduct sales or personal property when the proceeds thereof shall
be applied to the payment of the expenses thereof and to the charitable
or religious objects for which the body exists.
(2)
Any person honorably discharged from the military
service who has a license under N.J.S.A. 45:24-9 et seq.
(3)
Any person who is an exempt fireman of a volunteer
fire department as defined by N.J.S.A. 45:24-9, possessing a license
conforming with said law.
B.
Exemption from all ordinance requirements.
(1)
Any public utility or its employees, which said utility
is subject to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employee shall display the identification
badge or card issued by his employer.
(2)
Any person, not otherwise subject hereto, engaged
in the delivery of goods, wares or merchandise or other articles or
things in the regular course of business to the premises or persons
who had ordered the same or were entitled to receive the same by reason
of a prior agreement.
(3)
Any person going from house to house for the purpose
of obtaining the views of any person on any economic, political, religious
or social question or project or for the purpose of distributing literature,
pamphlets, circulars, samples and the like for the purpose of information
and advertising for a governmental or noncommercial agency.
(4)
Any person or group engaged in a city-sponsored or
co-sponsored event.
C.
Lack of grandfather clause. The requirements of this
article shall not establish the right to continue a use in a manner
which contravenes this article as a result of prior activities of
the licensee, so that this article shall not grandfather any prior
uses which are inconsistent with this article.
[Added 12-9-1997 by Ord. No. 38-97[1]]
A.
General information. Every applicant for a license
under this article shall file with the Supervisor of Mercantile Licenses
a sworn written application in a form to be furnished by said Supervisor,
which may contain all information relevant and necessary to determine
whether a particular license may be issued, including but not limited
to:
(1)
The name of the applicant; if a corporation, the names
and home addresses (P.O. box address not acceptable) and home telephone
numbers of the President and Secretary shall be set forth; if a partnership,
the names and addresses of all partners shall be set forth.
(2)
The name under which the business is to be conducted.
(3)
Business address of the applicant (P.O. box address
not acceptable); permanent home address and full local address of
the applicant (P.O. box address not acceptable).
(4)
A brief description of the nature of the business
and a description of the merchandise or service to be sold.
(5)
If employed by another, the name and business address
of the person, firm, association, organization, company or corporation
(P.O. box address not acceptable).
(6)
If a motor vehicle is to be used in the vending business,
a description of the vehicle, together with the motor vehicle registration
number and the license number.
(7)
A description of the proposed location(s) of the vending
business and the length of time during which it is proposed that the
business shall be conducted.
(8)
Three photographs of the applicant taken within 60
days immediately prior to the date of the application, which photograph
shall clearly show the head and shoulders of the applicant and shall
measure two inches by two inches, which may be waived in a renewal
application.
(9)
Whether or not the applicant has ever had a license
to conduct a business in the City of Long Branch which has been denied
or revoked. If such license has been denied or revoked, the applicant
shall set forth, in detail, the facts leading to such action.
(10)
The details of any conviction for crimes of the first,
second, third or fourth degree, the date of the conviction and the
place where said conviction was obtained.
(11)
The business telephone number of the applicant.
(12)
If a corporation, the name and address of the registered
agent thereof (P.O. box address not acceptable).
B.
Moral character. No license or renewal thereof shall
be issued to any person not of good moral character. If the applicant
is not an individual, these provisions shall apply to the officers
and managers.
C.
Prior to the issuance of a license, the Supervisor
of Licenses and Permits may cause a routine police check to be made
of the applicant to verify the validity of the information above described.
The Police Department shall report in writing affirmatively or negatively
within 14 days after the request is made, indicating recommendations
for approval or disapproval of the granting of the license and the
reasons therefor.
D.
After submission of the application and the required
fees to the Supervisor, he/she shall make any investigation and indicate
his/her written approval or disapproval of the license application
within 30 days after the application is filed. If approved, the initial
license shall be issued in the name of the applicant. If disapproved,
the Supervisor shall notify the applicant, in writing, of disapproval
and the reasons therefor, and the applicant shall have 10 days from
the receipt of notice to appeal the decision of the Supervisor to
the City Council, which, after due hearing, may affirm or reverse
the decision of the Supervisor.
[Amended 2-14-1989 by Ord. No. 90-89]
An applicant for a license under this article shall pay an annual license fee of $50 per vendor in 1989 and $100 per vendor in 1990 and thereafter. This fee shall cover the vendor. For each additional employee the fee shall be $25 per employee per year. A vendor in receipt of a license under this article for a nonfixed location operation shall not be required to obtain a mercantile license under Chapter 230, Mercantile Licenses.
No license shall be issued to an applicant unless
the applicant furnishes proof to the city of a public liability bond
or insurance policy in an amount not less than $100,000 for property
damage and injuries, including injury resulting in death, caused by
the operation of the vending business. The city shall be listed as
an additional insured under such policy. Multiple applicants from
one company may be covered under a blanket policy so long as the minimum
coverage required herein applies to each occurrence each employee
may be liable for.
A.
The license issued to a vendor shall be carried with
the vendor while he or she is engaged in the business of vending.
B.
In addition to the license, the city shall issue an
identification badge to every vendor. Vendors shall wear their badges
in such a way that the badges may be easily read while doing business.
If a badge becomes damaged or obscured, the vendor shall return it
to the city and receive another badge at a fee of $25.
C.
Licenses and identification badges shall be used only
by the person to whom they were issued and may not be transferred
to any other person.
D.
The license holder shall produce such license at the
request of any official of the city or of any resident of the city
with whom he or she wishes to conduct his or her business or activity.
No vendor shall:
A.
Conduct or attempt to conduct his or her business
at any residence or on any property on which is posted a sign expressly
prohibiting such activity.
B.
Station, place, set up or maintain his or her stand
or allow it to remain on any public street or private property if
to do so would place him or her closer than 30 feet to any other vendor
who is selling thereon.
C.
Station, place, set up or maintain his or her stand
on the sidewalk or allow it to remain there except at the curbline
for the purpose of selling food, beverages, goods, confections, wares,
merchandise or commodities of any nature or description therefrom.
D.
Notwithstanding anything to the contrary set forth in Subsection C, conduct or attempt to conduct his or her business on the promenade located between Laird Street and Seaview Avenue on the boardwalk from Laird Street to Brighton Avenue or on Ocean Avenue between Seaview Avenue and Madison Avenue or in any city park or in any part of the Redevelopment Zone unless permission is first obtained from the Redevelopment Agency of the City of Long Branch.
[Amended 12-9-1997 by Ord. No. 38-97]
E.
Station, place, set up or maintain his or her stand
or allow it to remain on any public street 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 driver of a vehicle's right-of-way;
(3)
Substantially restrict, obstruct, interfere with or
impede the ingress or egress from the abutting property;
(4)
Create or become a nuisance;
(5)
Increase traffic congestion or cause or increase traffic
delays or hazards;
(6)
Cause or create or constitute a danger to life, health
or property;
(7)
Be located within 25 feet of a fire hydrant, fire
escape, bus stop, loading zone or driveway;
(8)
Sell food, drinks, ice cream or confections of any
kind for immediate consumption unless he or she has available for
public use his or her own covered litter receptacle which shall be
clearly marked and maintained for his or her patronage use (with separate
recyclable compartments), nor shall any vendor leave any location
without first picking up, removing and disposing of any trash or refuse
remaining from sales made by him or her; or
(9)
Occupy or block any designated parking space.
[Added 8-28-2001 by Ord. No. 30-01]
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.
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 or her stand.
I.
Leave any stand unattended, or store, place or leave the same overnight on any public street or sidewalk or private property without the permission of the Planning Board or Board of Adjustment as is required by Chapter 345, Zoning, § 345-14, Site plan review. Any vendor who operates on private property in any section of the city must comply with all zoning requirements. This excludes mobile vendors which service commercial and/or industrial businesses from parking facilities of said establishments, provided that the vendors shall comply with all other aspects of this article.
[Amended 12-9-1997 by Ord. No. 38-97]
J.
Engage in the business of vending between 9:00 p.m.
and 7:00 a.m. It shall be unlawful for any vendor to fail to move
from the location upon which it is using its business or to hook up
to any utility which is on the premises.
[Amended 12-9-1997 by Ord. No. 38-97]
K.
Station, place, set up or maintain his or her stand
or allow it to remain on any part of the street and offer for sale
or display or sell any goods if to do so would place the vendor or
his or her food, beverages, confections, goods, wares, merchandise
or commodities of any nature or description closer than 10 feet to
intersecting streets or sidewalks.
[Amended 10-27-1998 by Ord. No. 36-98]
L.
Station, place, set up or maintain his or her stand
or allow it to remain on any public street if to do so would reduce
the unobstructed pedestrian or vehicular right-of-way to less than
four feet on any sidewalk or 15 feet on each lane of any public street.
The City Engineer and traffic safety officer may from time to time,
by regulation, increase or decrease the width of pedestrian and vehicular
right-of-way space required, as circumstances dictate, in a particular
area or on a particular street.
M.
Engage in the business of vending within 10 feet of
any location where the curb has been depressed to facilitate pedestrian
or vehicle movement.
N.
Station, place, set up or maintain his or her stand
against display windows of fixed location businesses, nor shall it
be within 20 feet from an entranceway to any building, store, theater,
library, school, museum, movie house or other place of public assembly.
O.
Station, place, set up or maintain his or her stand
or vehicle on any portion of a public street or public parking lot
in spaces designated for the parking of motor vehicles while conducting
business therefrom.
P.
Place a vehicle or stand or conduct a general vending
business at a location in the street where stopping, standing or parking
is prohibited or during a time period when stopping, standing or parking
is restricted.
Q.
Violate any traffic parking law, ordinance or regulation
or operate in such a manner as to restrict the continued maintenance
of a clear passageway for vehicles.
R.
Have exclusive right to any location in or upon the
public streets, nor shall any vested rights arise from the use of
any location.
S.
Station, place, set up or maintain his or her stand
or allow it to remain on any public street where the posted speed
limit is in excess of 25 miles per hour.
[Amended 12-9-1997 by Ord. No. 38-97; 5-22-2019 by Ord. No. 7-19]
A.
Any perspective vendor of any food or beverage, in addition to the
license required herein, must apply to the Health Department and the
Fire Prevention Bureau, if deemed applicable by the Fire Official
of the City of Long Branch.
B.
A registry shall be established in the City Clerk's office which
contains a list of addresses of those premises where the owner or
occupant has notified the City Clerk that they wish to prohibit persons
and entities from canvassing, soliciting, peddling, itinerant vending
or attempting door-to-door sales on their premises.
(1)
Any owner or occupant who requests their property be listed on the
No Knock Registry shall be able to procure at no charge from the City
Clerk's office a sticker for display at their premises which
shall serve as notice that the property, is on the No Knock Registry.
There shall be no charge for registering.
(2)
If any premises is on the No Knock Registry, the owner or occupant
shall be obligated to post the sticker for display in a readily observable
location near the front door.
(3)
The list of addresses referred to in Subsection B shall be available at the City Clerk's office during normal business hours and shall be updated monthly.
(4)
Any vendor shall be obligated to obtain a current up-to-date copy
of the registry. It is therefore, the obligation of the canvasser,
solicitor, peddler, itinerant vendor or door-to-door salesperson to
have the most up-to-date list from the registry. The City Clerk shall
provide any person seeking to canvass, solicit, peddle, act as an
itinerant vendor or undertake any door-to-door sale with a copy of
the current registry.
It shall be the duty of any police officer,
Health Officer, Construction Code Official, Zoning Officer or other
appropriate city employee or official to enforce the provisions of
this article.
The Supervisor of Mercantile Licenses shall
maintain a record of all licenses issued under the provisions of this
article and shall record therein all convictions for violations of
this article and other pertinent circumstances and incidents reported
to him by the enforcement officers/officials.
A.
Any license issued under this article may be suspended
or revoked by the City Council after notice and hearing for any of
the following reasons:
(1)
Fraud, misrepresentation or false statements in the
application for the license.
(2)
Fraud, misrepresentation or false statements in the
course of conducting the business of vending.
(3)
Conducting the business of vending contrary to the
conditions of the license.
(4)
Violation of this article or of any ordinance of the
City of Long Branch.
(5)
Conviction of the licensee of any crime or offense
involving moral turpitude.
(6)
Conducting the vending licensed, through the applicant
himself/herself or any of his/her agents, servants or employees, in
an unlawful manner or in such a manner as to constitute a breach of
the peace or a menace to the health, safety or general welfare of
the public or in such manner as to constitute a public nuisance.
B.
Notice of hearing on the suspension or revocation
of a license shall be given in writing by the Supervisor, setting
forth specifically the grounds of complaint and the time and place
of the hearing. The notice shall be mailed, by certified mail, to
the licensee, at the address indicated on the license application
at least 10 days prior to the date set for the hearing.
C.
In addition to the provisions for suspension or revocation,
the Supervisor, any police officer or city employee or official or
any taxpayer or resident of the city may make complaint in the Municipal
Court of the city for violation of this section or article.
All licenses issued under the provisions of this article shall expire December 31 of the calendar year in which they are issued. Any such license may be renewed upon payment of the license fee as stated in § 256-5 and upon submission by the licensee of a new application in conformity with the requirements of § 256-4 or, in lieu thereof, a sworn statement, in writing, setting forth all changes in the information contained in the application for the expired license which are necessary to bring said application completely up-to-date, together with proof of insurance and bonding renewals.
B.
Except as otherwise provided, each and every day in
which a violation of any provision of this article exists shall constitute
a separate violation. In addition, each violation of each section
of this article shall be considered a separate offense upon each and
every day in which a violation of that section exists.
C.
Any person who appears at the property on the No Knock Registry,
where the property has been so posted in accordance with § 256-9B2
of this article, shall be considered to be in violation of this article.
Each property entered into or upon in violation of the No Knock Registry
shall constitute a separate violation. The minimum fine for violation
of the No Knock Registry shall be $100 for the first offense and $200
for the second or subsequent offense.
[Added 5-22-2019 by Ord. No. 7-19]
[Adopted 1-26-1971 by Ord. No. 590 as Sec. 6-11 of the 1971
Code]
A.
No seafoods, ice cream, peanuts, candy, frankfurters
or foods, wares or merchandise shall be sold or exposed for sale from
any wagon, cart or vehicle on Ocean Avenue or on any public street,
avenue or alley within 100 feet west of Ocean Avenue in the City of
Long Branch.
B.
No itinerant vendor of seafoods, ice cream, peanuts,
candy, frankfurters or goods, wares or merchandise shall sell or expose
for sale any such article or merchandise within 100 feet of the west
side of Ocean Avenue in the City of Long Branch.
