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]