As used in this article, the following terms shall have the meanings indicated:
PEDDLER
Includes any person, whether a resident of the Borough of Beach Haven or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place, from house to house or from street to street carrying, conveying or transporting goods, wares, merchandise, ice cream, fruit ices, soda water, or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers. The word "peddler" shall include the words "hawker" and "huckster."
PERSON
Includes the singular and the plural and shall also mean and include any person, firm or corporation, association, club, copartnership or society or any other organization.
SOLICITOR or CANVASSER
Includes any person or group of persons seeking donations or gifts of any sort, from house to house, or on any street, pavilion, or other public place or place to which the public is invited.
A. 
It shall be unlawful for any person, firm or corporation to engage in the business of peddler as defined in § 144-1 of this article, within the corporate limits of the Borough of Beach Haven, without first obtaining a permit and license therefor as provided herein. No license shall be issued to any natural person under the age of 18 years.
B. 
Permits, sellers of ice cream. Any person desiring to sell or vend ice cream or ice cream products in the Borough of Beach Haven shall have an appropriate permit, as provided for by the ordinances of the Borough of Beach Haven, which permits shall be limited in number as the Council may from time to time by resolution determine in order to avoid undue crowding, littering, traffic congestion and the like. Peddler/vending licenses shall expire December 31 of each year.
C. 
All peddlers seeking a permit and license to sell prepackaged food must have their equipment inspected by the Long Beach Island Board of Health and must submit to any reasonable physical inspection or examination required by the Long Beach Island Board of Health prior to a license or permit being issued permitting them to sell prepackaged food.
[Amended 3-9-2015 by Ord. No. 2015-11C]
D. 
All vending vehicles, motorized or not, shall be equipped with appropriate refrigeration equipment. Such equipment shall be inspected by the Long Beach Island Board of Health prior to the permit being issued.
E. 
No trucks, pedacycles or nonmotorized pushcarts shall be equipped with generators which are able to operate while the truck, pedacycle or pushcart is in motion or stopped; except for outboard generators which are an integral part of the vehicle and located within the body of the vehicle and are approved by the Director of the Long Beach Island Board of Health.
Applicants for permit and license under this article must file with the Borough Clerk a sworn application on a form to be furnished by the Borough Clerk, which shall give the following information:
A. 
Name and description of the applicant.
B. 
Address (legal and local).
C. 
In the case of a peddler, a brief description of the nature of the business and the goods to be sold.
D. 
If employed, the name and with credentials establishing the address of the employer, together with the exact relationship.
E. 
If a vehicle is to be used, a description of the same, together with its license number or other means of identification.
F. 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
G. 
A certification that the applicant, if a natural person, is over the age of 18 years.
H. 
Motorized vending vehicles must pass a vehicle inspection conducted by the Beach Haven Police Department, prior to a license being issued. Beach Haven Police may require random reinspections at their discretion to ensure the health, safety and welfare of the citizens of the Borough of Beach Haven.
A. 
Upon receipt of such application, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as the Chief deems necessary for the protection of the public good. All applicants to peddle/vend by motorized means shall be required to consent to a Department of Motor Vehicles driving records check as a condition of licensure. A report indicating a suspended or revoked license status will be cause to immediately deny licensure.
(1) 
Evaluations system of motor vehicle records check:
(a) 
Acceptable: no moving violations and/or preventable accidents over the prior 36 months.
(b) 
Marginal: up to two moving violations and/or preventable accidents in the prior 36 months.
(c) 
Probation: up to three moving violations and/or preventable accidents within the prior 36 months.
(d) 
Unacceptable: more than three moving violations and/or preventable accidents within the prior 36 months or more than two moving violations and/or preventable accidents within the prior calendar year or any of the below-listed violations:
[1] 
Driving while under the influence of alcohol or drugs.
[2] 
Leaving the scene of an accident.
[3] 
Careless or reckless driving violations.
[4] 
Vehicular homicide or assault through the use of a motor vehicle.
[5] 
Driving on a revoked or suspended driver's license.
[6] 
Attempting to elude a police officer.
(2) 
Drivers who are acceptable, marginal or probationary grading may be issued a license.
(3) 
Drivers with marginal or probationary grading shall have their motor vehicle records reviewed on a continuing basis. Any additional violations or accidents may result in the suspension of the peddling/vending license.
(4) 
Drivers with unacceptable driving records shall not be eligible to be issued a peddling/vending license by the use of any motor vehicle.
B. 
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on the application his disapproval and his reasons therefor and thereupon the application shall be deemed denied and the Clerk shall then notify the applicant of the denial.
C. 
If, as a result of such investigation, the character and business responsibility of the applicant is found to be satisfactory, the Chief of Police shall endorse on the application his approval and return the application to the Borough Clerk, who shall, upon payment of the prescribed license fee and completion of all other required documents, issue a license. Such license shall contain a photograph of the licensee as well as a photograph of any licensed vehicle, if applicable. The license shall also indicate the vehicle manufacturer's VIN number also sometimes referred to as identification number, automobile registration number commonly called license plate number, year, make and model of the vehicle, the official seal of the Borough of Beach Haven, and the name and address of the licensee. In addition, the license shall show the kind or type of goods to be vended or peddled pursuant to the license, the amount of fee paid, the date of issuance and the term the license is to be valid. The Borough Clerk shall keep a permanent record of all licenses issued.
D. 
The applicant shall be fingerprinted, if requested by the Chief of Police, who shall determine whether said fingerprints are necessary for proper identification, which fingerprints are to be recorded and processed immediately for classification and identification.
A. 
Licenses shall be required for the peddling of ice cream, water, water ice, soda, candy, beverages and related snacks. Bids will be accepted and awarded under a sealed bid process to the highest qualified bidders for three (3) motorized peddling licenses and one (1) pedacycle peddling license. The minimum acceptable bid for each motorized license shall be $5,100 per annum. The minimum acceptable bid for a pedacycle license shall be $2,500.
[Amended 2-14-2017 by Ord. No. 2017-4C]
B. 
A motorized peddling license shall be limited to one truck and one driver. In the absence of the driver, a relief driver may take his place. The pedacycle peddling license shall be limited to one rider. In the absence of the rider, a relief rider may take his place. No licensee shall have more than one license and/or have an interest in more than one license in the Borough of Beach Haven. During the hours of vending, only the person issued a vending license is permitted in the vehicle.
[Amended 3-9-2015 by Ord. No. 2015-11C]
(1) 
In the event a relief driver or a relief rider can no longer perform his/her duties, an alternate relief driver or alternate rider may be named. The alternate relief driver or alternate relief rider must complete the required application procedures as hereinabove in this article set forth. If the licensee has previously utilized a relief driver or a relief rider, no new license for such alternate shall be issued unless and until any and all prior relief licenses have been surrendered to the Borough Clerk. Any licensee may only have one relief driver or relief rider at any given time. A person holding a veteran exempt license may name a veteran relief driver only if said relief driver can provide a copy of his/her Ocean County veteran’s license and has followed the application procedures as prescribed above.
C. 
In addition to motor vehicle insurance as required by the State of New Jersey Motor Vehicle Registration and Licensing Laws, each licensee shall furnish a certificate of insurance for auto liability and general liability naming the Borough of Beach Haven as an additional insured with a minimum combined single limit of liability per occurrence for bodily injury and property damage of $300,000 with a minimum annual aggregate of $1,000,000. Any such certificate of insurance shall clearly certify that the coverage provided provides coverage for the motor vehicle which the licensee will be operating while conducting the licensee's business within the Borough of Beach Haven as well as any other negligent act committed by the licensee. A hold harmless indemnification contract is required to be executed as well.
[Amended 2-14-2017 by Ord. No. 2017-4C]
D. 
The Council may waive the license fee for any organization applying for the license required by this article, at its discretion.
E. 
In the event the applicant is leasing a vending vehicle, a fully executed valid lease agreement must be submitted before a license will be issued.
A. 
Any person holding an Ocean County veteran's license to peddle shall be exempt from the charges required by this chapter but shall not be exempt from any other provisions contained in this chapter. Any person requesting an exemption under this provision who intends to conduct business under a business and/or trade name shall provide acceptable proof that the business is one-hundred-percent owned by a licensed veteran. A New Jersey business registration certificate must also be submitted with the application made by the holder of an Ocean County veteran's license.
B. 
One pedicycle license, which shall be used solely by a disabled person, shall be exempt from the charges required by this chapter. This person shall not be exempt from any other provisions contained in this chapter. The pedicycle license shall only be valid for vending between the hours of 5:00 p.m. to 8:00 p.m. No relief driver shall be permitted.
[Added 4-8-2019 by Ord. No. 2019-6C]
A. 
Any person, organization or association desiring to solicit, or have solicited in its name, money, donations of money or property, or financial assistance of any kind, or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons for a charitable, religious, patriotic or philanthropic purpose shall be exempt from the provisions of § 144-5, provided that there is filed a sworn application in writing with the Municipal Clerk which shall give the following information:
(1) 
Name and purpose of the cause for which the permit is sought.
(2) 
Names and addresses of the officers and directors of the organization.
(3) 
Period during which solicitation is to be carried on.
(4) 
Whether or not any commission, fees, wages or emoluments are to be expended in connection with such solicitation and the amount thereof.
(5) 
The name and address of each agent or representative who will conduct solicitations and the length of time that such agent or representative has been employed or affiliated with such organization, society, association or corporation.
(6) 
Proof from the Internal Revenue Service that the organization is exempt from federal income taxes.
B. 
An application to solicit must be submitted to the Borough Clerk's office at least 14 days prior to the requested days of solicitation. Only two applications will be considered for concurrent requested days of solicitation. Each license issued shall authorize a maximum of six representatives who will conduct solicitations. Applications for solicitation permits will be considered on a first-come first-serve basis.
C. 
Investigation.
(1) 
Each application shall be referred to the Chief of Police or officer in charge of the Police Department, who shall immediately institute such investigation of the applicant's business and moral character as he deems necessary for the protection of the public good and shall endorse the application in the manner prescribed in this section, within a reasonable period of time after it has been filed by the applicant.
(2) 
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory or the product or services are not free from fraud, the Chief of Police shall endorse on such application his disapproval and his reasons for the same and return said application to the Municipal Clerk, who shall notify the applicant that his application is disapproved and that no license will be issued.
D. 
Upon being satisfied that such person, organization, society or association is a religious, charitable, patriotic or philanthropic organization and that the agents or representatives who shall conduct the solicitations are of good moral character and reputation, the Municipal Clerk shall issue a permit without charge to such organization, association or corporation to solicit in the Borough. Such organization, association or corporation shall furnish all its members, agents or representatives conducting solicitation with credentials, in writing, stating the name of the organization, name of the agent and purpose of the solicitation, which credentials shall, during the time such licensee is engaged in the activities permitted by the license, be worn constantly by the licensee on the front of the licensee's outer garments in such a way as to be conspicuous.
No license issued under the provisions of this article shall be used at any time by any person other than the one to whom it was issued.
After 7:00 p.m., Eastern standard time or daylight saving time, whichever is in effect, no peddler, nor any person in his behalf, shall shout, make any cryout, blow a horn, ring a bell or use any sound device, including any loudspeaking radio or sound-amplifying system, upon any of the streets, alleys, parks or other public places of said borough or upon any private premises in the Borough, where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell. The prohibitions herein contained shall also apply to any solicitor or canvasser, and the prohibitions herein contained shall prohibit and prevent the use of any device making noise or the making of any noise as hereinabove prohibited for the purpose of attracting attention to any such solicitor or canvasser.
A. 
No peddler, solicitor or canvasser shall have any exclusive right to any location in the public streets, nor shall any peddler, solicitor or canvasser be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public.
B. 
For the purpose of this article, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
A. 
No person shall sell, offer for sale, hawk, peddle, solicit or canvass in the Borough of Beach Haven after 9:00 p.m., local time, and before 9:00 a.m. of the following morning.
B. 
Notwithstanding any other provisions of this section, it shall be unlawful for any person to peddle, sell, hawk or otherwise market cooked foods for immediate consumption by the public, such as hamburgers or hot dogs. This section shall not pertain to temporary retail food establishments as defined in Chapter 104, entitled "Food Establishments."
C. 
Notwithstanding any other provisions of this section, peddling shall be limited to ice cream, water, water ice, soda, candy, beverages and related snacks, as permitted pursuant to § 144-5.
Enforcement of this chapter shall be under the supervision of the Police Department of the Borough of Beach Haven, and any license holder shall, upon demand, produce the license for inspection by any police officer or any citizen of the Borough.
The Chief of Police shall report to the Borough Clerk all convictions for violation of this article, and the Borough Clerk shall maintain a record of each license issued and record the reports of violation therein.
A. 
Permits and licenses issued under the provisions of this article may be revoked by the Council of the Borough of Beach Haven after notice and hearing, for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for license.
(2) 
Fraud, misrepresentation or false statement made in the course of pursuing the conduct permitted by the license.
(3) 
Any violation of this article.
(4) 
Conviction of any crime or misdemeanor involving moral turpitude.
(5) 
Conducting the business permitted by the license in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date for hearing.