[Added 3-5-2002 by Ord. No. 7-2002]
The purpose of this article is to regulate the
manner in which street vending is conducted within the City and to
provide standards for street vendors to insure the protection of the
public health, safety and general welfare and to protect against consumer
fraud and crime.
As used in this article, the following terms
shall have the following meanings unless the context clearly indicates
that a different meaning is intended:
Any person who travels about from house to house or store
to store without appointment taking orders for future delivery of
goods or services. The orders are not taken from a fixed location.
Solicitation by telephone is not considered canvassing or soliciting
within the context of this article.
Any person who moves about in the street or public places
selling goods or wares by means of public outcry. The sales are not
made from a fixed location and delivery of the goods or wares is made
at the time of the sale.
Any person who travels about from house to house or from
store to store without appointment selling goods or wares. The sales
are not made from a fixed location and delivery of the goods is made
at the time of sale.
Any person who travels about taking orders for future delivery
of goods or services by calling on established customers and selected
new customers by appointment at their place of business.
A natural person, association, corporation, LLC, partnership,
trust or other legal entity.
The selling of beverages, foods, merchandise, goods or wares
by walking or driving about the City. It does not include selling
from a fixed or permanent location.
A street vendor includes a canvasser, solicitor, hawker,
huckster and peddler.
Any person traveling through the streets of the City in a
motor vehicle stopping to sell food or beverages at retail to customers
coming up to the vehicle is a "street vendor." An example of this
is an ice cream truck. This does not include vehicles making deliveries
to private residences or other locations.
No person shall engage in street vending within
the City unless licensed to do so pursuant to this article. The license
required shall be known as a "street vendor license" and shall be
issued by the City Clerk after payment of the required fee and compliance
with these regulations. The fee for the license shall be $25 per day
for each licensee or $400 per year.
The application for the license required by
this article shall be made in writing and filed with the City Clerk
on a form provided by his office. The application shall contain the
following information:
A.
The name and address of the applicant.
B.
The date of birth and driver's license number of the
applicant.
C.
The name and address of the employer of the applicant.
D.
A brief description of the merchandise or products
to be sold.
E.
The length of time for which the license is desired.
F.
The geographical area of the City where the applicant
intends to operate.
G.
If a motor vehicle is to be used, provide a description
of the motor vehicle and the tag number.
A.
Interstate commerce. A canvasser or solicitor for
the sale of goods or services who is engaged in interstate commerce
shall not be required to obtain a street vendor license. However,
said person shall be required to register with the City Clerk before
conducting any canvassing or soliciting within the City. An application
for a registration certificate shall be filed which contains the following
information: the name and address of the applicant, name and address
of the applicant's employer and the nature of the business. No registration
certificate shall be issued for 48 hours after the application is
filed so that the Chief of Police or his designee has sufficient time
to conduct a background investigation on the applicant to determine
whether the applicant has been convicted of a criminal offense involving
moral turpitude or any other offense involving consumer fraud.
B.
Outside salespersons are exempt from the licensing
fee and the regulations contained in this article.
C.
Veterans and other persons named in N.J.S.A. 45:24-9
are exempt from the licensing fee and licensing requirements applicable
to street vendors, but they are subject to the regulations affecting
them. However, if veterans or other persons named in N.J.S.A. 45:24-9
engage in any other activity which is required to be licensed by any
other article of this chapter, they are subject to the applicable
licensing fees, licensing requirements and regulations.
A.
Fixed location. No street vendor shall sell goods
or wares from a fixed stand or fixed location within the City without
obtaining a temporary business license and complying with the applicable
regulations.
B.
Private residence. No street vendor shall go on private
residential property to sell goods or wares without the prior invitation
or consent of the resident property owner or resident tenant.
C.
Public sidewalks. No street vendor shall set up a
stand or similar facility on the public sidewalks to sell goods or
wares to pedestrians standing or walking by.
D.
Public streets. No street vendor shall park his vehicle
on a public street and use it as a business stand to sell goods or
wares to occupants of other vehicles or persons moving or standing
on the sidewalks or streets.
E.
Silly String. No street vendor shall sell Silly String
at public events held within the City which are conducted on the sidewalks,
streets and public lands owned or under the control of the City.
A.
Any applicant for a license may be denied a license
by the City Clerk, or any license issued may be suspended or revoked
by the mayor for any of the following causes:
(1)
The applicant or licensee has filed an application
containing false information.
(2)
The applicant or licensee has failed to comply with
these regulations.
(3)
The applicant or licensee has been convicted of an
offense under these regulations.
(4)
The applicant or licensee has violated the Consumer
Fraud Act, N.J.S.A. 56:8-1 et seq.
(5)
The applicant or licensee has been convicted of a
criminal offense in the State of New Jersey or any other state.
B.
The applicant or licensee may appeal the decision
of any municipal official by filing a request for a hearing before
the Board of Commissioners with the City Clerk within 10 days of receiving
the notice of denial, suspension or revocation of the license. The
hearing shall be held within 20 days after the request is filed with
the City Clerk.
