Whenever used in this chapter, unless a different
meaning clearly appears from the context, the following terms shall
have the meanings indicated:
CANVAS
To solicit.
[Added 10-11-2011 by Ord. No. 11-44]
CHARITABLE, NONPROFIT and PHILANTHROPIC
Includes political, patriotic, religious, service, welfare,
benevolent, educational, civic or fraternal corporations, organizations,
associations, societies and the like not organized for private gain.
Examples of nonprofit organizations include veterans groups and organizations
which assist the poor, the aged, the sick, the physically disabled
or mentally retarded or which aid victims of fire, flood or similar
catastrophes. This enumeration is intended to be typical and shall
not be construed as exclusive. All applicants shall provide satisfactory
proof of nonprofit status upon request, including but not limited
to evidence of tax exemption.
CONTRIBUTION
Includes alms, food, clothes, money, subscription or property
of any nature or kind.
MERCHANDISE
Includes anything or any service sold or offered for present
or future sale by a vendor, including but not limited to merchandise,
goods, seasonal items, home repair services, flowers or greens, food
or drink of any kind, whether or not for immediate consumption, or
any other article.
[Amended 8-28-2018 by Ord. No. 18-35]
MOBILE FOOD VENDOR
A self-contained vehicle, which has been approved by the
Department of Health, that travels and parks at a specific location
to sell food to patrons. Mobile food facilities include, but are not
limited to, trucks, trailers, carts, and bicycles, and may include
auxiliary equipment such as portable fryers, stoves, and grills that
are located adjacent to the operation.
[Added 8-28-2018 by Ord.
No. 18-35]
PEDDLER or SOLICITOR
Any person engaging temporarily in the retail sale of goods,
wares, or merchandise within the municipality who goes from house
to house or from place to place offering or exposing merchandise or
services for present or future sale, prophesying or preaching, or
who engages in any of the foregoing activities from a location on
the street that is outside of the public right-of-way, or other public
place, or motor vehicle of any kind. Included in the definition are
persons who go from house to house or place to place collecting information
or financial contributions or distributing literature.
[Amended 8-28-2018 by Ord. No. 18-35]
PERSON or ORGANIZATION
Any natural person, individual, firm, copartnership, corporation,
company, association, church, religious denomination, society, class
or league and principal or agent thereof.
SOLICIT and SOLICITATION
The request, directly or indirectly, of money, credit, property,
financial assistance and other things of value on the plea or representation
that such money, credit, property, financial assistance or other thing
of value will be used for a charitable and philanthropic purpose as
defined in this chapter. Solicitation shall be deemed to be complete
when made, whether or not the person making the same receives any
contribution.
TRANSIENT MERCHANT
Any vendor who operates his/her business from a truck, van,
trailer, cart, bicycle, or other mobile facility at or on another
owner's property with that owner's permission.
[Added 8-28-2018 by Ord.
No. 18-35]
The purpose of this chapter is to promote orderly business practices, protect public safety and health, prevent unfair business practices, promote the quiet enjoyment of public and private lands and to provide for the appropriate use of land of the Borough of Glassboro in accordance with the Development Regulations and Zoning Ordinance (Chapter
107) by the regulation of conduct and the imposition of license fees.
[Amended 8-27-2013 by Ord. No. 13-11; 8-28-2018 by Ord. No. 18-35]
The requirements of this chapter, insofar as same shall apply
to fees for peddlers, solicitors, transient merchants, and mobile
vendors, shall be held not to include the following persons, who are
hereby expressly exempt from its application:
A. Any person honorably discharged from the military services of the
United States possessing a peddler's license issued in conformity
with N.J.S.A. 45:24-9 and 45:24-10.
B. Any person who is an exempt firefighter of a volunteer fire department,
as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing a license
in conformity with said law.
[Amended 5-26-2009 by Ord. No. 09-22; 10-11-2011 by Ord. No. 11-44; 8-27-2013 by Ord. No. 13-11; 8-28-2018 by Ord. No. 18-35]
Any person desiring a license pursuant to this chapter shall
obtain a zoning permit. Following acquisition of a zoning permit,
an applicant shall obtain an application from the Police Department
to be completed and filed with the Chief of Police for approval. The
application with the Police Department shall be completed and filed
with the Chief of Police at least 30 days prior to the first day of
the proposed activity for approval.
A. The applicant, agent and/or employer must submit to a criminal background
check by submitting to a fingerprint process conducted by a state
vendor, at the applicant's own cost, for a personal record request.
B. A statement as to whether or not the applicant has been charged with
or convicted of any crime or disorderly persons offense or violation
of any municipal ordinance, other than a traffic violation, and the
nature, dates and places of such offenses and the punishment or penalty
assessed thereafter.
C. An original letter addressed to the Borough Clerk from the firm for
which the applicant purports to work, authorizing the applicant to
act as its representative, but to be sent to the Police Department,
to the attention of the Police Chief.
D. A list of all municipalities in New Jersey in which the applicant
has conducted business in the last 12 months, setting forth the specific
dates, if applicable.
E. A statement of whether the applicant has been refused or had revoked
a similar license at any time.
F. A current government-issued photo identification (i.e., military,
naturalization, immigration, driver's license, nondriver license).
G. A New Jersey sales tax certificate.
H. Federal taxpayer identification number.
I. A Borough of Glassboro mercantile license in accordance with §
303-6.
J. Proof of insurance where insurance is required by this chapter.
K. For transient merchants: the specific location of operation and a certificate from the Zoning Officer, stating that all zoning and site review requirements of the Development Regulations and Zoning Ordinance (Chapter
107) have been complied with for the subject location and that all necessary approvals have been granted for such location, and the written permission of the owner of the premises for use of same.
L. For transient merchants and mobile vendors, a copy of the registration
for the mobile vehicle shall be submitted to the Borough.
[Amended 5-26-2009 by Ord. No. 09-22; 10-11-2011 by Ord. No. 11-44; 8-27-2013 by Ord. No. 13-11]
It shall be the duty of the Chief of Police to determine that
the application is complete and signed by the applicant and to investigate
the statements made therein. After investigation, the Chief shall
indicate approval or disapproval, in writing, upon the application.
In case of disapproval of an application, the applicant may appeal
to the Borough Council. The Council shall set a time and place for
a hearing, which hearing shall be held within 10 days after appeal
is taken by the applicant, at which time the applicant will be given
an opportunity to present his/her reasons that the license should
be issued. The decision of the Council shall be final.
A. A criminal background check report completed by a
state contract approved vendor shall be submitted to the Chief of
Police by the applicant.
B. The Police Chief shall endorse on such application his/her approval
or disapproval with his/her reasons for same and shall notify the
applicant.
C. The Police Chief, upon the payment of the prescribed license fee,
shall execute and deliver to the applicant his/her license and photo
identification badge issued by the Borough of Glassboro.
[Amended 8-28-2018 by Ord. No. 18-35]
D. A Borough of Glassboro photo identification badge
must be obtained for every agent or employee working for the applicant.
This chapter shall not apply to employees of
any public utility which is subject to regulation by the State Board
of Public Utility Commissioners; provided, however, that such employees
shall display the identification badge or card issued by his employer.
A. Organizations.
(1) Any bona fide member of any church, social, civic,
fraternal, educational, charitable, civic, veteran or philanthropic
organization, volunteer first aid organization or fire company located
within the Borough of Glassboro desiring to solicit or who has solicited
in its name money, donations of money, property or financial assistance
of any kind, or desiring to sell or distribute any items of literature
or merchandise for which a fee is charged or solicited at any place
or places within the Borough for any purpose, shall be permitted to
conduct business in the Borough without a license, upon the filing
of a sworn application, in writing, with the Police Chief or any member
of any such organization not located in the Borough of Glassboro,
which organization has received the written approval and endorsement
of the governing body of the Borough of Glassboro, and which shall
give the following information:
[Amended 8-27-2013 by Ord. No. 13-11]
(a)
Name and address of organization.
(b)
Nature and location of planned activity.
(c)
Period during which solicitation or sale is
to be carried on.
(d)
Name, address, and social security number of
each person who will conduct solicitations.
(e)
A recent photograph of all persons who are not
Borough residents who will conduct solicitations or sales.
(2) Such organization, association, society or corporation
shall furnish all its members, agents or representatives conducting
solicitation or sales with credentials, in writing, stating the name
of the organization, names of the agent and the duration and purpose
of solicitation. All persons or organizations qualifying for a license
exemption under this section shall comply with all other provisions
of this chapter.
B. Special exemption.
(1) The Borough Council, by resolution, may exempt from
compliance with any part or parts of this chapter any person or organization.
Any person or organization seeking an exemption must make a written
request to the Borough Clerk at least 30 days before the start of
the activity for which the exemption is sought. The Borough Council
may place conditions or restrictions on the granting of an exemption.
(2) Criteria for exemption. The following are criteria
to be applied when considering whether an exemption will be granted:
(a)
The charitable nature of the organization.
(b)
The number of participants who are Borough residents,
eliminating or minimizing the need for identifying information.
(c)
The reputation of the individual or organization
in the community.
(d)
The financial or human resource burden of compliance
with any provision of this chapter when weighed against the benefit
to the Borough and/or its residents.
(e)
Whether the activity will result in or lead
to a benefit to the Borough residents such as lower taxes, increased
public services, betterment of the community or other public benefit.
(f)
The need to regulate the activity to address
safety, health or other concerns.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person violating any of the provisions or
terms of this chapter, whether as principal, agent or employee of
another, shall, upon conviction of the Municipal Court Judge, be subject
to a fine not exceeding $2,000, or to imprisonment in the county jail
not exceeding 90 days, or to community service for not more than 90
days, or any combination thereof, in the discretion of the Judge.
Every person to whom a license is issued under
the terms of this chapter shall be governed by the following rules
and regulations:
A. All circulars, samples or other matter shall be handed
to an occupant of the property or left in a secure place located on
the premises.
B. No person shall enter or attempt to enter the dwelling
of any resident without an express invitation from the occupant of
the dwelling.
C. No person shall conduct himself in such a manner as
to become objectionable to or annoy any occupant of any house. Signs
posted by property owners stating "no soliciting" shall be obeyed.
D. No licensee or any person in his behalf shall shout,
cry out, blow a horn, ring a bell or use any sound-making or amplifying
device upon any of the streets, parks or other public places of the
Borough or upon private premises where sound of sufficient volume
is emitted or produced therefrom to be capable of being plainly heard
upon the streets, avenues, parks or other public places for the purpose
of attracting attention to any goods, wares, merchandise or services
which the licensee proposes to sell.
[Amended 8-27-2013 by Ord. No. 13-11]
Following the filing of the registration form pursuant to the
aforesaid, the Chief of Police shall make or cause to be made such
investigation as he/she deems necessary to verify the information
set forth therein. The Chief of Police shall thereupon signify his/her
approval or rejection on the reverse side of the application, and,
if approved, the Police Chief may issue the license to such applicant.
In case of disapproval of an application, the applicant may appeal
to the Borough Council. The Council shall set a time and place for
a hearing, which hearing shall be within 10 days after appeal is taken
by the applicant, at which hearing the applicant will be given an
opportunity to present his/her reasons that the license should be
issued. The decision of the Borough Council shall be final.
The provisions of this chapter applicable to
transient merchants shall not apply to residents of the Borough of
Glassboro conducting yard sales upon their own property. There is
no cost to the residents for the permitted number of yard sales as
indicated in this section.
A. Sales of household goods by yard sale or similar event
are prohibited except insofar as the seller shall comply with this
section.
B. A maximum of two single-day or two weekend (Saturday
and Sunday) yard sales or similar event may be held in any calendar
year at any household in the Borough. For the purpose of this subsection,
any apartment with separate cooking and toilet facilities shall qualify
as a "household." No yard sale sign shall be posted earlier than seven
days prior to the day of the sale and shall be removed no later than
24 hours after the sale.
[Amended 9-22-2009 by Ord. No. 09-46]