[HISTORY: Adopted by the Township Committee
of the Township of Middle 8-21-2006 by Ord. No. 1232-06.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Auctions — See Ch. 89.
Garage and yard sales — See Ch. 154.
Leasing of recreational vehicles — See Ch. 198.
Vehicles and traffic — See Ch. 236.
Sale of vehicles — See Ch. 241.
Zoning — See Ch. 250.
[1]
Editor's Note: This ordinance also repealed
former Ch. 231, Transient Retail Merchants, which consisted of Art.
I, Dealers, Peddlers, Traveling Merchants and Shows, adopted 2-4-1941
by Ord. No. 55, as amended, and Art. II, Licensing, adopted 6-21-1984
by Ord. No. 481-84, as amended.
This chapter shall be known as the "Transient
Merchant Licensing and Child-Safe Vendors."
It is hereby found and determined by the Township
Committee of the Township of Middle that citizens of this Township
are often subjected to improper sales techniques by transient merchants
who leave the Township before such purchasers can take appropriate
action to correct the damages resulting from such improper sales techniques;
that it is desirable that the Township take all reasonable steps to
protect residents from misleading sales techniques and monetary losses
that may result therefrom; and that this chapter is designed to provide
for the licensure and regulation of transient merchants and to thereby
protect citizens of the Township. It is also hereby found and determined
that the Township desires that any transient merchants selling goods
from motorized vehicles that might be appealing to children undergo
a background check for the safety of the Township's children. Therefore,
it is the purpose and intent of this chapter to protect the people
of Middle Township from improper sales techniques and from child predators
by providing for the licensing and regulation of transient merchants.
As used in this chapter, the following terms
shall have the meanings respectively ascribed to them in this section:
A permit issued by the Township of Middle to a transient
merchant, or an agent or employee of a transient merchant, who sells
goods and/or services from a motorized vehicle.
Any transient business carried out in one location which
has as one of its business purposes either the entertainment of persons
who have paid an admission fee or the sale or offering for sale of
merchandise by more than one vendor.[1]
Any vendor selling or offering for sale goods and/or services
from a motorized vehicle. Examples include but are not limited to
vendors which sell ice cream or pastries out of trucks on various
routes throughout the Township.
A permit issued by the Township of Middle to a transient
merchant, or an agent or employee of a transient merchant, who drives
or otherwise operates a motorized vehicle from which goods and/or
services are offered for sale.
A permit issued by the Township of Middle to a transient
merchant who owns a motorized vehicle which allows the motorized vehicle
to operate on the streets and roads of the Township of Middle for
purposes of selling goods and services.
Any business conducted for the sale or offer for sale of
goods, wares or merchandise which is carried on in any building, structure,
railroad car or real estate for a period of less than five months
in each year. Any business carried on in a motor vehicle shall also
be a transient business, regardless of the number of months per year
carried out. "Transient business" shall also include any private enterprise
which schedules, organizes or promotes any entertainment, concerts,
athletic events, contests or competitions or beauty pageants to be
held on a nonregular basis and which requires the payment of a fee
for entry or admission, wherein such event is to take place within
the confines of the Township of Middle.
Any person, firm, corporation, or other business entity which
engages in, does, or transacts any temporary or transient business
in the Township of Middle, either in one locality or by traveling
from place to place in the Township.
A license issued by the Township of Middle to a transient
merchant.
A.
The provisions of this chapter shall not apply to:
(1)
Sales at wholesale to retail merchants by commercial
travelers or selling agents in the usual course of business.
(2)
Sales of goods, wares or merchandise by sample catalogue
or brochure for future delivery.
(3)
Garage sales held on the premises devoted to residential use; subject, however, to Ch. 154, Garage and Yard Sales.
(4)
Sales of crafts or items made by hand and sold or
offered for sale by the person making such crafts or handmade items
and not sold out of a motorized vehicle.
(5)
Any new-home construction contractor, residential
developer, master plumber or electrical contractor who is licensed
or regulated by any state, county or municipal agency, division, department
or professional board and any contractor of home improvements as defined
in N.J.A.C. 13:45A-16.1, who, in the normal of course of business,
advertises or performs his services in the Township of Middle, provided
that any such tradesman complies with all state, county and municipal
regulations enforceable by the Township Construction Official, including
any and all licensing requirements.
(6)
The sale of produce, flowers or other agriculture
products from buildings or from roadside stands where the premises
in question are owned by the farmer, it being the express intention
of this chapter that nothing herein shall prohibit the sale of agriculture
products on land owned by the farmer unless prohibited by the Township
Zoning Ordinance.
C.
A transient merchant not otherwise exempted from the
provisions of this chapter shall not be relieved or exempted from
the provisions of this chapter by reason of associating himself temporarily
with any local dealer, auctioneer, trader, contractor or merchant
or by conducting such temporary or transient business in connection
with or in the name of any local dealer, auctioneer, trader, contractor
or merchant.
A.
It shall be unlawful for any transient merchant to
transact business within the Township of Middle unless said merchant,
and the owner(s) of any goods, wares, merchandise, or services which
are to be offered for sale or sold if such are not owned by the transient
merchant, shall have first secured a transient merchant license and
shall have otherwise complied with the requirements of this chapter.
For purposes of this chapter, in the case of a person, partnership,
corporation, or other business entity selling or offering for sale
goods and/or services from a motorized vehicle, said person, partnership,
corporation, or other business entity must first be issued a transient
merchant license by the Township Clerk.
B.
It shall be unlawful for any transient merchant to
transact business within the Township of Middle via use of a motorized
vehicle unless that motorized vehicle has been issued a transient
merchant vehicle permit and shall have otherwise complied with the
requirements of this chapter. Any transient merchant holding a transient
merchant vehicle permit shall display said transient merchant vehicle
permit prominently in or on the vehicle where customers can see it.
C.
It shall be unlawful for any transient merchant to
transact business within the Township of Middle via use of a motor
vehicle unless any and all agents and/or employees operating said
motor vehicle shall have been issued a motorized vendor driver permit
and shall have otherwise complied with the requirements of this chapter.
Any employee holding a motorized vendor driver permit shall display
said motorized vendor driver permit prominently on his or her clothing.
D.
It shall be unlawful for any transient merchant to
sell or offer for sale goods and/or services from a motorized vehicle
unless any and all employees staffing said vehicle, regardless of
whether said employees operate said motor vehicle, have been issued
a child-safe vendor permit and shall have otherwise complied with
the requirements of this chapter. Any employee holding a child-safe
vendor permit shall display said child-safe vendor permit prominently
on his clothing.
E.
A transient merchant license, transient merchant vehicle
permit, motorized vendor driver permit, or child-safe vendor permit
may be issued hereunder only when all requirements of this chapter
have been met. Such transient merchant license, transient merchant
vehicle permit, motorized vendor driver permit, or child-safe vendor
permit shall not be transferable, shall be valid only within the territorial
limits of the Township of Middle, and shall be valid only for the
business stated in the application. If a license is issued to a particular
person, that license or permit so issued shall be valid for that one
person. If a license is issued to a partnership, corporation, or other
business entity, the Township shall be informed immediately if there
is a change in ownership, and any new owners shall be subject to a
determination if the license can continue to be issued and outstanding,
and if not, it may be revoked. The Township Committee may, in its
sole discretion, deny the issuance of a transient merchant license,
transient merchant vehicle permit, motorized vendor driver permit,
or child-safe vendor permit if it determines that the issuance of
said license will be hazardous to the health, safety or welfare of
the people of Middle Township.
F.
Each transient merchant license, transient merchant
vehicle permit, motorized vendor driver permit and child-safe vendor
permit, shall be valid for the time period granted by the Township
Clerk, which shall be specified on the license, but for no longer
than one year. Permits shall run from January 1 of each year to December
31 of that same year. All permits shall terminate on December 31 of
each year regardless of when the permit was issued. Applications for
renewal of a transient merchant license shall be done in the same
manner as a new transient merchant license application. Applications
for renewal of a transient merchant license, transient merchant vehicle
permit, motorized vendor driver permit and child-safe vendor permit
shall be due by November 15 of the year before the requested effective
year. Renewal applications must be accompanied by the same information
and fees as a new application.
G.
Any person or entity that transacts a transient business
as defined herein without having first obtained a transient merchant
license in accordance with the provisions of this chapter or who knowingly
advertises, offers for sale or sells any merchandise or provides any
services in violation of the provisions of this chapter shall be a
disorderly person. Any person, partnership, corporation, or other
business entity which operates a motorized vehicle in connection with
selling or offering for sale goods and/or services from said motorized
vehicle without having first obtained a transient merchant vehicle
permit shall be a disorderly person. Any person operating a motor
vehicle in connection with selling or offering for sale goods and/or
services from said motorized vehicle without having first obtained
a motorized vendor driver permit shall be a disorderly person, as
shall be his employer and supervisor. Any person selling or offering
for sale goods and/or services from a motorized vehicle without having
first obtained a child-safe vendor permit shall also be a disorderly
person, as shall be his employer and supervisor. The penalties prescribed
herein shall be in addition to any other penalties prescribed by law
for any criminal offense committed by the merchant.
Any transient merchant desiring to transact
business within the confines of the Township of Middle shall make
application for and obtain a transient merchant license. The application
for transient merchant license shall be filed with the Township Clerk
at least six weeks before operation and shall include the following
information:
A.
The name, telephone number and permanent address of
the transient merchant making the application.
B.
If the applicant is a business entity, including but
not limited to a corporation, limited liability company, or any type
of partnership, the applicant shall provide a list of the names, home
telephone numbers and addresses, and business telephone numbers and
addresses for each and every officer, director, and/or manager of
the entity, if the entity has officers, directors, and/or managers.
C.
Any business entity not registered with the United
States Securities Exchange Commission, any securities regulation bureau
of any state of the United States of America, or any provincial securities
regulation commission in the Dominion of Canada shall provide a list
of the names, home telephone numbers and addresses, and business telephone
numbers and addresses for each of the owners, shareholders, partners,
or members of the entity. Any entity claiming to be registered with
one of the above securities regulation entities must provide as proof
of registration with its application the name of the securities exchange
on which it trades, or, if it does not trade on a securities exchange
within the United States of America or the Dominion of Canada, a copy
of its most recent regulatory filing.
D.
If the applicant is a corporation, limited liability
company, or any other business entity, there shall be stated on the
application form the date of incorporation or formation, the state
of incorporation or formation and, if the applicant is an entity formed
in a state other than the State of New Jersey, the date on which such
entity qualified to transact business as a foreign entity in the State
of New Jersey.
E.
A statement showing the kind of business proposed
to be conducted, the length of time for which the applicant desires
to transact such business and the location or locations of such proposed
place of business, including routes of operation if said business
is carried out by a motorized or self-propelled vehicle.
F.
The name and permanent address of the transient merchant's
registered agent or office in the State of New Jersey, along with
a written consent to receive service of process from said registered
agent.
G.
A signed consent to appoint the Township Clerk as registered agent for the transient business should the registered agent described in Subsection F above not be found.
Any transient merchant selling or offering for
sale goods and/or services from a motorized vehicle throughout the
Township shall provide a completed child-safe vendor permit application
each year to the Township Clerk on a form prescribed by the Chief
of Police and the Township Clerk for each of its agents or employees,
regardless of whether or not they operate said motorized vehicle.
All child-safe vendor permit applications shall include a consent
to a thorough background check and shall include a fingerprinting
requirement. All child-safe vendor permit applications shall also
include three three-inch by five-inch passport photographs. All transient
merchants must obtain a child-safe vendor permit for any new employee
before he begins work for the merchant.
Any transient merchant selling or offering for sale goods and/or services from a motorized vehicle throughout the Township must also submit a completed transient motorized vehicle permit application each year to the Township Clerk for each motorized vehicle to be operated in the Township of Middle. The transient motorized vehicle permit application shall be on a form prescribed by the Chief of Police. Any transient motorized vehicle permit shall include a copy of the vehicle title, registration, proof of inspection, and proof of insurance in amounts indicated in § 231-17 below.
Any transient merchant selling or offering for
sale goods and/or services from a motorized vehicle throughout the
Township must also submit a completed motorized vendor driver permit
application each year to the Township Clerk for each employee permitted
to operate the motor vehicle. The motorized vendor driver permit application
shall be on a form prescribed by the Chief of Police. Any motorized
vendor driver permit application shall include a driver's abstract
which shows the applicant's driver's record for a period of at least
the past 10 years. If the applicant has not been driving for that
long, the abstract shall be for the entire period that the applicant
has been a licensed driver. A person must be at least 18 years of
age to obtain a motorized vendor driver permit. The application shall
also include a copy of the applicant's driver's license and a certificate
signed by a physician stating that the employee is fit to operate
the motor vehicle. All motorized vendor driver permit applications
shall also include three three-inch by five-inch passport photographs.
All transient merchants must obtain a motorized vendor driver permit
for any new employee-driver before he begins work for the merchant.
A.
Each registered agent designated by a transient merchant
in the application for a license shall be a resident of the State
of New Jersey and shall be agent of the transient merchant upon whom
any process, notice or demand required or permitted by law to be served
upon the transient merchant may be served. The registered agent shall
agree, in writing, to act as such agent, and a copy of the agreement
to so act shall be filed by the applicant with the application for
a license.
B.
The Township Clerk shall maintain an alphabetical
list of all transient merchants in the Township and the names and
addresses of their registered agents.
C.
If any transient merchant doing business or having
done business in the Township of Middle shall fail to have or maintain
a registered agent in the State of New Jersey or if such registered
agent cannot be found at his permanent address, the Township Clerk
shall be an agent of such transient merchant for service of all process,
notices or demands. Services on the Township Clerk shall be made by
delivering to and leaving with him, or any person designated by the
Clerk to receive such service, duplicate copies of the process, notice
or demand. When any such process, notice or demand is served on the
Clerk, he shall immediately cause one copy thereof to be forwarded
by certified mail to the permanent address of the transient merchant.
The provisions of this section shall not limit or otherwise affect
the right of any person to serve any process, notice or demand in
any other manner now or hereafter authorized by law.
Any transient business which operates as a fair, circus or show (as defined in § 231-3) shall be permitted to rent out space to various vendors without each individual vendor being required to obtain a transient merchant license, provided that the fair or show itself obtains a transient merchant license and complies with § 231-12. However, any transient merchant selling or offering for sale goods and/or services from a motorized vehicle must apply for its own transient merchant license, transient merchant vehicle permit, motorized vendor driver permit, and child-safe vendor permit regardless of this section.
Any transient business as defined at § 231-3, or a business described in § 231-11, which rents out space to vendors shall maintain a record of all the information for each vendor as required in § 231-6A through G for each vendor. Any transient business described in § 231-11 shall file these records with the Township Clerk at least 48 hours before the date of any fair, circus, or show. Nothing in this paragraph shall change the fact that any transient business described in § 231-11 must apply for a transient merchant license at least six weeks before any planned operation, consistent with the requirements of any other transient business. Failure to comply with this section shall constitute a disorderly persons offense. The penalties prescribed herein shall be in addition to any other penalties prescribed by law for any criminal offense committed by the merchant.
Each application for a transient merchant license by a fair, circus, or show (as defined at § 231-3) shall be accompanied by an application fee of $500. Any other application for a transient merchant license shall be accompanied by an application fee of $250. Each application for a transient merchant vehicle permit, motorized vendor driver permit, or child-safe vendor permit shall be accompanied by a fee of $25 for each requested permit. All application fees shall be nonrefundable.
The Township Committee may revoke any transient
merchant license, transient merchant vehicle permit, motorized vendor
driver permit, or child-safe vendor permit issued hereunder at any
time if it finds that the conduct of the licensee or the continued
existence of the license is hazardous to the health, safety and/or
welfare of the people of Middle Township. The Township Committee may
also revoke any transient merchant license, transient merchant vehicle
permit, motorized vendor driver permit, or child-safe vendor permit
issued hereunder at any time if it finds that any statement made in
an application for said license or permit is not true or no longer
true. In any such event, the licensee shall be entitled to a hearing
before the Township Committee within 30 days from the date of the
revocation. The licensee shall be entitled to present witnesses and
other proofs tending to show that continuance of the license is not
hazardous to the health, safety and/or welfare of the people of Middle
Township and that all statements made in any application are true.
It is the duty of the Township Police Department
and the Township Code Enforcement Officer to enforce the provisions
of this chapter.
Every transient merchant issued a transient
merchant license, shall carry a general commercial liability (CGL)
policy in an amount not less than $100,000. The Township of Middle
shall be named as an additional insured. The transient merchant shall
provide the Township Clerk with a certificate of insurance naming
the Township of Middle as an additional insured with the application.
Every vehicle issued a transient merchant vehicle
permit shall carry the same amount of insurance as would be required
under state law if the motorized vendor were a taxicab. Said insurance
requirements are currently defined in N.J.S.A. 48:16-3, N.J.S.A. 48:16-7,
and/or N.J.S.A. 48:16-8. The Township of Middle shall be named as
an additional insured on any such policies. The transient merchant
shall provide the Township Clerk with a certificate of insurance naming
the Township of Middle as an additional insured with the application.
A.
Any person who violates any section of this chapter
shall be subject to penalty as follows:
(1)
First offense: a fine of not more than $1,000 or 90
days in jail or a period of community service not to exceed 90 days.
(2)
Second offense: a fine of not less than $150 nor more
than $1,000 or 90 days in jail or a period of community service not
to exceed 90 days.
(3)
Third and subsequent offenses: a fine of not less
than $300 nor more than $1,000 or 90 days in jail or a period of community
service not to exceed 90 days.
B.
Any person who has violated a provision of this chapter
on three separate and distinct occasions shall be permanently barred
from receiving a transient merchant license, transient merchant vehicle
permit, motorized vendor driver permit, or child-safe vendor permit
at any future time.
C.
Each day on which a violation occurs shall be deemed
to constitute a distinct and separate violation of this chapter for
purposes of fines, community service, and jail sentence, but shall
not be considered a separate violation for purposes of permanent bar
from receiving a transient merchant license, transient merchant vehicle
permit, motorized vendor driver permit, or child-safe vendor permit.
