As used in this chapter, the following terms
shall have the meanings indicated:
A person who sells real property or personal property of
other persons at auctions which are open to the public.
A person who sells goods, the proceeds of which are devoted
exclusively to the purposes of a philanthropic, charitable or religious
society on whose behalf he acts as agent with or without pay, but
excluding those individuals or organizations soliciting for funds
or other thing or value for which no merchandise, wares or services
are given in return.
A person, commonly referred to either as a "transient merchant,"
"itinerant vendor," "route salesman," "peddler," "hawker" or other
such person who goes from place to place by traveling on the streets
or from house to house and carries with him foodstuffs, goods, wares
and merchandise for the purpose of selling and delivering them to
consumers or who, without carrying merchandise, sells or proposes
to sell services of any kind, including but not limited to painting,
landscaping, subscriptions and photography.
A person selling the above-described articles or services
by sample or taking orders for future delivery, with or without accepting
an advance payment for the goods and regardless of whether the solicitation
is made by telephone or personal contact; the provisions of this chapter
shall apply to the person who comes in contact with the buyer through
the delivery of the goods or the acceptance of any monies in payment
thereof.
This chapter shall not affect any person duly
licensed by the Commissioner of Banking and Insurance of the State
of New Jersey nor shall it be deemed to apply to any person operating
pursuant to an authorized and sanctioned program conducted by the
Board of Education of the Township of Burlington, provided that a
letter from the Board of Education indicating the program's existence
shall have been filed with the Police Department of the Township of
Burlington.
The purpose of this chapter is to prevent unfair competition and dishonest business practice by regulation of the parties specified in § 407-1 et seq.
It shall be unlawful for any person to sell
or dispose of or offer to sell or dispose of any foodstuffs, goods,
wares or merchandise within the Township of Burlington without first
obtaining a license and having paid the license and/or other fees
hereinafter prescribed. This provision shall not be applicable to
the issuance of temporary licenses for the sale of merchandise on
off-site property not owned by the applicant for the said license.
The Police Department of the Township of Burlington
is hereby appointed as the enforcement official to enforce the provisions
of this chapter.
A.
Application required. Any person desiring a license
shall file with the Director of Public Safety an application blank,
which shall contain the following information:
[Amended 10-27-2009 by Ord. No. 09-OR-024]
(1)
Name of applicant.
(2)
Permanent home residence.
(3)
Name and address of the firm represented, the names
and addresses of the persons from which goods making up the stock
were or are to be purchased.
(4)
Three business references.
(5)
The place or places of residence of the applicant
for the preceding three years.
(6)
The length of time for which the license if desired.
(7)
A description of the wares to be offered for sale.
(8)
The number of arrests or convictions against the said
applicant.
(9)
To the application must be appended a letter from
the firm for which he purports to work, authorizing the applicant
to act as its representative, and two copies of a photograph of the
applicant.
B.
Review of application. The Public Safety Director
shall verify the information on the application.
C.
Issuance of license. Upon approval of the application
and payment of the fee, the license shall be issued by the Public
Safety Director of the Township of Burlington, who shall keep all
the necessary records pertaining thereto. For all license classes,
the license shall not authorize any person except the person named
in said license to engage in business thereunder. Said license shall
not be transferable from the person to whom issued to any other person.
A separate license must be obtained by a licensed peddler or solicitor
for every agent or employee working for him.
[Amended 3-27-2012 by Ord. No. 12-OR-005; 5-22-2012 by Ord. No.
12-OR-009]
A.
Processing charge. A fee of $100 shall be paid for the processing
of each license application and shall apply to each individual who
makes application for said license. Said processing fee shall include
the issuance of the license and the license issued therefor.
B.
License fee. The license fee under this chapter shall be $25 annually
with said license being issued on the first day of each year. No license
fee shall be prorated for any portion of the year.
The following license fees only shall not apply
to:
A.
Any person honorably discharged from the military,
naval or marine forces of the United States.
B.
Any person who conducts a sale pursuant to statute
or court order.
C.
Any person who is an exempt member of a volunteer
fire district as defined by New Jersey Public Law.
[Amended 10-27-2009 by Ord. No. 09-OR-025]
D.
Any person who has an established local business.
Local business shall be defined to mean that there must be within
the Township of Burlington an establishment which displays and offers
for sale the same products that the solicitor, peddler or hawker offer
for sale.
E.
Non-profit-making peddlers shall not be required to
pay a license fee.
F.
Non-profit-making vendors shall not be required to
pay any license fee.
[Amended 9-23-2008 by Ord. No. 08-OR-025; 10-27-2009 by Ord. No.
09-OR-024]
All persons to whom a license shall be issued
hereunder shall observe the following regulations, and for any violation
thereof the license shall be immediately revoked by the Director of
Public Safety.
A.
Parking prohibited. No person or vehicle shall stand
or be parked for the purpose of displaying or selling wares or merchandise
on public or private property within a business district.
B.
Hours regulated. No person covered by this chapter
shall sell or attempt to sell in accordance with the terms of this
chapter before 9:00 a.m. or after 7:00 p.m. Eastern Standard Time,
while said time is in effect, or after 9:00 p.m. Eastern Daylight
Saving Time, when said time is in effect. The aforesaid time limitation
shall not apply to persons who are expressly invited into homes by
the occupants for the purpose of displaying or selling wares or merchandise.
C.
Public or commercial buildings. No person shall hawk
or sell wares within a distance of 500 feet of the nearest public
building or commercial establishment.
D.
Fixed location. No vehicle shall be parked upon any
public street at a fixed location for the purpose of displaying or
selling wares or merchandise.
E.
License in possession. Every person holding a license
under this chapter shall be required to carry the license. He must
produce the license at the request of any person solicited, a police
officer or other official of the Township of Burlington. To every
person granted a license, the Police Department shall issue a license
certificate bearing the words "Police Department Peddler's and Solicitor's
Permit," together with the applicant's photograph, the number of the
license and year for which it is issued.
F.
Inspection. The equipment used or employed by peddlers,
hawkers and vendors of ice cream, foods, beverages, confections and
other related commodities shall be maintained in a clean and sanitary
manner and be subject to inspection by the Burlington County Health
Department, and fully comply with the laws of the State of New Jersey,
the rules and regulations of the State Department of Health and Senior
Services, the ordinances of the Township of Burlington and rules and
regulations of the Burlington County Health Department.
A.
Basis. A license may be revoked by the Council by
reason of the violation of the terms of the license, the violation
of any municipal ordinance, state or federal statute or falsification
in applying for a license.
B.
Hearing. The licensed person shall be granted a hearing
by the Council upon his request.
C.
Suspension. A license may be suspended for not more
than two weeks by the Director of Public Safety without a hearing.
[Amended 10-27-2009 by Ord. No. 09-OR-024]
D.
Return of fees. No fees shall be returned for any
unexpired period of a license, whether revoked or not.
