[HISTORY: Adopted by the Township Committee (now the Township Council) of the Township of Saddle River (now the Township of Saddle Brook) 5-25-1953 as Ord. No. 382. Section 111-5A amended at time of adoption of Code; see Ch. 1, General Provisions. Other amendments noted where applicable.]
The words "business of peddling" and "peddler" as herein used shall be construed to mean a person who goes from place to place or from house to house by traveling on the public streets by vehicle and carries with him, whether with or without other products, ice cream, ice-cream products, water ices, frozen confectionery products or soda pop of any kind or character for the purpose of selling or offering to sell them to customers from such vehicle.
It shall be unlawful to engage in the business of peddling ice cream, ice-cream products, soda pop, water ices or frozen confectionery products of any kind or character from vehicles in the Township of Saddle Brook without obtaining a license therefor pursuant to the provisions of this chapter.
It shall be unlawful for anyone engaged in the business of peddling ice cream, ice-cream products, soda pop, water ices or frozen confectionery products from vehicles to misrepresent the character or the quality of the merchandise offered for sale or to importune or otherwise annoy any person or persons for the purpose of effecting a sale.
All ice cream, ice-cream products, soda pop, water ices or such frozen confectionary products which shall be sold or offered for sale from such vehicle shall comply with all laws and local ordinances relating to food and food products.
All ice cream, ice-cream products, soda pop, water ices or such frozen confectionery products shall be sold or offered for sale only in sealed containers, and the filling of individual containers with ice cream, ice-cream products, soda pop, water ices or such frozen confectionery products in or from any such vehicle from the street or highway or any other public place is hereby prohibited.
It shall be unlawful for any person engaged in the business of selling or offering to sell ice cream, ice-cream products, soda pop, water ices or such frozen confectionery products to park any vehicle within the lines of any public street, road or other public place for the purpose of engaging in such business for a period longer than fifteen (15) minutes; no such vehicle used for conducting the business aforesaid shall be parked within five hundred (500) feet of any public or private school during school hours or one-half ( 1/2) hour before or after said school hours, or any public place of amusement or assemblage during the hours such place is open for attendance, or any public park.
It shall be unlawful for any person engaged in the business of peddling ice cream, ice-cream products, soda pop, water ices or such frozen confectionery products from vehicles to make unreasonably loud noises by bells, whistles or other sound-making devices.
Any person, firm or corporation desiring to engage in the business mentioned in § 111-1 hereof shall apply to the Township Clerk, in writing on forms supplied by the Township of Saddle Brook for said purpose and verified by said person. The application, accompanied by the license fee hereinafter fixed, shall set forth:
Name and address of applicant.
Name and address of the owner of the vehicle as registered with the Motor Vehicle Department.
Description of said vehicle to be licensed, giving the name of the manufacturer, serial number, motor number and name of the owner or operator with any other insignia appearing thereon.
Date of purchase of vehicle and name and address of person from whom acquired.
If applicant is not the owner, the interest of applicant in the ownership or operation of said vehicle.
Whether any person, firm or corporation other than the applicant has any interest whatsoever in the vehicle sought to be licensed to engage in the business defined in § 111-1 hereof, and if so, the name, address and interest of each.
Names and addresses of persons, firm or corporation from whom ice cream, ice-cream products, water ices, soda pop or such frozen confectionery products have been or will be purchased.
Three (3) business references.
All permanent home addresses of the applicant within the last three (3) years.
Name and address of salesman or operator upon said vehicle.
Whether or not the applicant has been convicted of a crime or misdemeanor or a violation of any municipal ordinance, and the nature of the offense, if any, for which convicted, and the date and place.
Whether or not the applicant or the owner, operator or salesman is the holder of a license under N.J.S.A. 45:24-9. If so, the license number, date of issue, name of county where issued and whether it is still in force and effect.
Editor's Note: N.J.S.A. 45:24-9 provides for a special hawking and peddling license for honorably discharged service personnel and exempt firemen.
Where the applicant is a firm or corporation, all provisions of Subsection A except A(12) shall be applicable to each officer of the corporation and member of a partnership.
Anyone desiring a license as a salesman upon or from any vehicle under this chapter shall apply in writing to the Township Clerk on forms supplied by the Township of Saddle Brook, and verified by the applicant. The said application shall be accompanied by the prescribed license fee and a permit previously secured from the Division of Health of the Township of Saddle Brook for the sale or distribution of milk or cream or products thereof.
The requirements concerning such Division of Health permit shall not be deemed to apply to a corporation or partnership, except that all officers, employees and agents acting as salesmen for any licensed corporation or firm shall obtain such Division of Health permit.
Any applicant holding a license under N.J.S.A. 45:24-9 shall not be required to accompany his application with the license fee. If the Township Council, after a hearing upon said application, determines that the applicant is not a bona fide owner of the vehicle sought to be licensed, such application may be denied.
Upon receipt of an application for a license, the Township Clerk shall forthwith transmit the same to the Chief of Police, who shall fingerprint and photograph the applicant and cause the said fingerprints to be sent to the State Bureau of Identification and, upon completion of his investigation, shall return the application to the Township Clerk, with or without approval thereon. Said application shall then be referred to the Township Council, which may grant a license applied for if all requirements have been followed.
A license for a vehicle shall entitle the person named therein to engage in the business mentioned in § 111-1 hereof. Such license shall not be transferable. A salesman's license shall entitle the person named therein to sell or offer to sell such products mentioned in § 111-1 hereof from a licensed vehicle and shall not be transferable to any other person. Upon the issuance of a license, the Township Clerk shall furnish the licensee with a plate, badge or other evidence corresponding to the number of the license and the year in which it is issued. The plate, badge or other evidence shall be displayed at all times in a conspicuous part of the licensed vehicle or carried upon the person of the salesman, as the case may be. Such evidence shall be exhibited on demand of any citizen or any member of the Police Department or Division of Health of the township. Licenses issued pursuant to the provisions of this chapter shall be good only for the year in which issued and shall be effective from the first day of January in each year. Any person applying for or obtaining a license after the first of January in any year shall pay the license fee for the full year.
[Amended 12-30-1981 by Ord. No. 849; 12-11-1982 by Ord. No. 852]
The license fee imposed under this chapter shall be fifty dollars ($50.) for each vehicle in which the products are carried or sold from. Said fee shall entitle the licensee of the vehicle to one (1) salesman's license without charge.
The license fee imposed upon each additional salesman on any such vehicle shall be ten dollars ($10.) per annum.
Every person holding a validly issued and effective license under the provisions of N.J.S.A. 45:24-9 shall receive the license applied for without fee, provided all other provisions of this chapter are complied with.
In addition to a licensee's being subject to the penalties provided in § 111-6, any license issued under this chapter may be revoked by the Township Council for any misstatement in the application or for any violation of this chapter, after notice and hearing; provided, however, that a license may be suspended for a period not exceeding thirty (30) days. Should any license be revoked or suspended, no part of the license fee shall be returned.
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed the sum of two hundred dollars ($200.) or be imprisoned in the county jail for a term not to exceed ninety (90) days, or both, in the discretion of the Judge before whom such conviction is obtained.
In addition to the other law enforcement agencies of the Township of Saddle Brook, the Sanitary Inspector or his authorized agents is hereby empowered to enforce the provisions of this chapter and to make complaints and arrests for the violation of any of the terms and provisions hereof.