[Ord. 4-10-19; Ord. 8-20-68; Ord. #468, §§ 4, 5,
6; Ch. VIII, § 1; Ord. #478, §§ 2, 3, 4, 5; Ord. #995;
Ord. #1099, §§ 1, 2; Ord. #1137; Ord. #1208, § 1; Ord.
#1218, §§ 2, 3, 4, 5, 6, 7, 8, 10, 12; Ord. #1288, §
4, 12-9-1997, amended; Ord. #1307, 5-12-1998, amended; Ord. #1876,
6-13-2006, amended; Ord. #1877, 6-13-2006, amended; Ord. #2252, 10-29-2013,
amended; Ord. #2414, 4-23-2019, amended]
It is the intent of this section to require the licensing of
any person who shall sell or solicit for the sale of goods or services
within the Township from one or more temporary locations in zone districts
which permit retail sales as a permitted use, or where otherwise permitted
by law or variance, or by going from door to door or place to place.
Sales or solicitations from temporary locations are prohibited in
zone districts which do not permit retail sales as a permitted use,
unless such sales are expressly permitted by some other law or variance.
As used in this section, "temporary locations" shall not include on-street
parking of a vehicle, with or without the engine running, except for
ice cream vendors.
a.
Name and permanent and local address of the applicant.
b.
If the applicant is a natural person, a passport style photograph.
c.
If the licensed activity is to be carried on at a fixed location,
the address and a full description of the premises.
d.
If a vehicle is to be used, its description, including copies of
the vehicle registration, insurance, and driver's license of the applicant.
e.
If the applicant is employed by another, the name and address of
the employer together with credentials therefrom establishing the
exact relationship.
f.
The length of time for which the right to do business is desired
and the days of the week and the hours of the day within which the
business will be conducted.
g.
A description of the nature of the business and the goods, property
or services to be sold, together with the name and address of the
source of supply of such goods, property or services, and the method
of delivery.
h.
A statement as to whether the applicant has been convicted of any crime, offense or violation of any municipal ordinance enumerated in Subsection 4-2.3.
i.
All applicants shall be subject to a criminal history name check provided through the New Jersey State Police in connection with the criminal background check for the application. The police may require the applicant to be fingerprinted if the identity of the applicant is unable to be confirmed or matched to a name check. If fingerprinting is required, the applicant will be responsible for the additional administrative costs for such fingerprinting. The Chief of Police shall accept, for the purposes of licensing a person as a canvasser, peddler, or solicitor, the results of a criminal history record background check of state records conducted within the previous six months indicating no disqualifying information which was required for that person to be licensed in another municipality as a canvasser, peddler, or solicitor; which is authorized by Somerset County Prosecutor's Office, County General Order, Volume 9, Chapter 4, dated February 7, 2019, and N.J.S.A. 53:1-20.38. A statement, to be signed by the applicant, consenting to the Township's obtaining copies of the applicant's driving record, criminal record, disorderly persons offense record, ordinance violation records, law enforcement contact and investigative reports from the official public agency which maintains such records to aid in the investigation.
j.
Applications of partners and members of limited-liability companies
shall be signed by all partners and all members of limited-liability
companies with the foregoing provisions of this subsection answered
in detail as to each partner and limited-liability company member.
Applications of corporations shall have attached thereto individual
statements, in accordance with all of the provisions of this subsection,
relating to each and every employee, agent or servant who shall engage
in any of the functions authorized by this section and signed by each
agent, servant or employee, and full compliance herewith by each individual.
k.
Such other information as may be required by statute, but whenever
any of the foregoing provisions are in conflict with any statutory
provisions, the same shall be omitted.
a.
Each application shall be referred to the Chief of Police who shall
immediately institute such investigation of the applicant's business
and moral character and ability to properly conduct the licensed activity
as he deems necessary for the protection of the public good. The following
criteria shall be applied when determining eligibility for license
issuance:
1.
An applicant may be denied if he/she has been convicted within the
last seven years of any indictable crime in New Jersey or in any other
state or jurisdiction for conduct which, if committed in New Jersey,
would constitute an indictable crime.
2.
An applicant may be denied if he/she has been convicted within the
last seven years of any disorderly persons offense, petty disorderly
persons offense, or ordinance violation involving dishonesty, burglary,
theft, receiving stolen property, or any other offense of similar
nature in New Jersey or in any other state or jurisdiction for conduct
which, if committed in New Jersey, would constitute a similar offense.
3.
An applicant may be denied for a conviction of any indictable crime
in New Jersey involving danger to the person pursuant to N.J.S.A.
2C:11-1 et seq., N.J.S.A. 2C:24-1 et seq., N.J.S.A. 2C:14-1 et seq.
or N.J.S.A. 2C:15-1 et seq., or against the family, children or incompetents,
pursuant to N.J.S.A. 2C:24-1 et seq.; or in any other state or jurisdiction
for conduct which, if committed in New Jersey, would constitute any
of the crimes or offenses listed in this paragraph.
4.
An applicant may be denied for any conviction of an indictable crime
pursuant to N.J.S.A. 2C:12-1 et seq. or N.J.S.A. 2C:13-1 et seq.;
or in any other state or jurisdiction for conduct which, if committed
in New Jersey, would constitute any indictable crime listed in this
paragraph.
5.
An applicant may be denied for any arrest where charges have not
been adjudicated involving a violation of a crime or offense involving
those listed in Paragraph 2, 3 or 4 where after a review of the official
record and reports of the incident(s), it is reasonably believed that
the applicant most likely committed the offense and would be found
guilty in a judicial proceeding.
6.
An applicant may be denied when there is an apparent pattern of arrests
for charges listed in Paragraphs 2, 3 and 4 without convictions, where
after a review of the official records and reports of the incident(s),
it is reasonably believed that the applicant most likely continually
commits these offenses.
b.
The Chief of Police shall communicate his findings in writing to
the Township Committee within a reasonable time after the complete
application has been filed. If, based upon such findings, or upon
such other information as the Township Committee may request, or that
may come to the attention of the Township Committee of a disqualifying
event, the Township Committee decides that the applicant's character,
ability or business responsibility is unsatisfactory or the products
or services are not free from fraud, it shall disapprove the application
and refuse to issue the license and shall so notify the applicant.
a.
If a determination has been made by the Chief of Police that an event
in the application investigation constitutes a disqualifying event,
then the Chief of Police shall notify the applicant, in writing, of
the determination within five days.
1.
Within 10 days of the applicant having been formally notified, in
writing, that the Chief of Police has made a determination that any
event contained in the application investigation is a disqualifying
event, the applicant shall have the right to appeal in writing to
the Township Committee for review of the determination of the Chief
of Police.
2.
The applicant shall be entitled to a hearing before the Township
Committee and shall be entitled to provide information stating why
the event in the application investigation should not be considered
a disqualifying event.
3.
Once an appeal is made, the Township Committee shall review the file,
the circumstances surrounding the application investigation and any
statement or information provided by the applicant and shall make
a final determination within 21 days of the public hearing as to whether
an event on the application investigation constitutes a disqualifying
event. The Township Committee may affirm, modify or reverse the decision
of the Chief of Police and shall set forth its final determination
in a resolution granting, modifying or denying the license.
b.
Confidentiality. The criminal history record background check and
fingerprinting procedure set forth in this chapter will be conducted,
to the extent possible, in a manner intended to preserve the privacy
of all parties.
The terms of this section shall not apply to
any of the following:
a.
Any person duly licensed by the Commissioner of Banking
and Insurance or the Real Estate Commission of the State of New Jersey.
b.
The acts of persons selling personal property at wholesale
to dealers in such articles.
c.
Any sale required by statute or by order of any court.
d.
Any person engaged in delivering merchandise or other
things in the regular course of business to the premises of the person
ordering or entitled to receive the same.
e.
Any veteran who holds a special state license issued
under the laws of the State of New Jersey shall be exempt from securing
a license as provided herein for peddling, but shall be required to
comply with all other applicable subsections of this section and shall
be required to obtain a special veteran's permit which shall be issued
by the Township Clerk, upon proper identification.
f.
Any person soliciting for a charitable cause or to
discuss with such occupant issues of public or religious interest.
g.
Garage sales conducted by homeowners at their place
of residence, subject to the following conditions and limitations:
1.
Garage sales may be conducted only during daylight
hours.
2.
No more than two garage sales per year may be conducted
on the same residential property.
3.
A garage sale may not exceed 72 hours in duration.
4.
The use of motor vehicles for the storage or display
of merchandise being sold at the garage sale is prohibited.
5.
Garage sales shall not include the sale by a homeowner
of goods acquired by the homeowner solely with a view toward resale
or goods not normally associated with the ownership and use of residential
property.
6.
Garage sales which do not meet the requirements of
Subparagraph g1 through g5 are prohibited.
h.
Any person who, before arriving at a residence in
order to sell or solicit for the sale of goods or services, had been
invited by one or more of the residents to come to the residence for
that purpose; provided, however, that an invitation which is first
extended only after the solicitor has knocked on the door, rung the
doorbell or otherwise announced his or her presence at the residence
does not satisfy the requirement for an invitation under this exception.
i.
Any person who is a bona fide, full-time student in
grade 12 or lower, who is selling goods or services in conjunction
with a school-related or other organized recreational, cultural or
educational activity program.
j.
Any person who has been authorized to solicit as part
of a solicitation or event which is sponsored by any governmental
body, department or agency, the jurisdiction of which is entirely
within the borders of the Township.
k.
Any person who is soliciting in connection with a
special event sponsored by a bona fide civic organization.
No person shall sell or dispose of, offer to sell or dispose of, or solicit for any wares, goods, merchandise or services within the Township from a temporary location or by going from door to door or place to place without first having obtained a license and paid the license fee. In addition to the requirements set forth in Subsection 4-2.2, all applicants must provide one passport-size photos; and vendors of tangible personal property, other than property exempted from sales and use taxation pursuant to N.J.S.A. 54:32B-8.2 or any amendments thereto, having no fixed place of business in the Township, must submit a copy of a valid certificate of authority issued to the vendor pursuant to N.J.S.A. 54:32B-15 or any amendment thereto, empowering the vendor to collect sales tax.
Licenses issued pursuant to Section 4-2, Sales of Goods and
Services, except as otherwise stated with respect to licenses for
activities, all licenses shall expire at 12:00 midnight, prevailing
time, on December 31 of the year of issue. Applications for renewal
of licenses which expire on December 31 shall be made not later than
December 1 of the year of issue.
No license granted under this chapter, nor any
exemption from the requirements of this chapter, shall relieve any
person of the standards and requirements of Chapter XXI, Land Development,
to the extent that they may apply. No approval or variance granted
pursuant to said Chapter XXI shall relieve any person of the provisions
of this chapter.
No license granted under this chapter, nor any exemption from
the requirements of this chapter, shall relieve any person of the
standards and requirements of Chapter BH-2. Before a licensee shall
use a vehicle or mode of transportation in furtherance of his permitted
business to sell food, produce or ice cream, he shall submit the vehicle
to the Township Health Officer for inspection and approval relative
to compliance with this section and shall, whenever requested during
the term of the license, submit the vehicle for reasonable reinspections
for that purpose. No vehicle or mode of transportation shall be used
by any licensee unless it has been approved for use by the Health
Officer, and written approval shall remain in and upon the vehicle
at all times and shall be shown by the operator thereof to any member
of the Police Department, any Township official or any member of the
public who may request to be shown the same.
The fee for a license to sell or solicit goods or services shall
be $100.
Licensees under this section shall display their
license during any solicitation. Licensees shall likewise exhibit
their license upon the request of a member of the Police Department
or any citizen.
a.
No person subject to the provisions of this section
shall sell or attempt to sell in accordance with the terms of this
section, before 10:00 a.m. and not after 8:00 p.m., Monday through
Saturday, except where expressly invited in the homes of the occupants
thereof.
b.
Persons who sell or attempt to sell ready-to-eat food
products shall be permitted to operate Monday through Sunday between
the hours of 8:00 a.m. and 9:00 p.m., subject to all other restrictions.
This subsection shall be strictly construed.
a.
All licensees who shall offer to sell, display for sale, or sell
or deliver fruits, vegetables and farm products from any vehicles
which are wholly or in part open on any of the sides thereof shall,
at all times, keep all fruits, vegetables and produce of any kind
and nature completely screened and covered with satisfactory materials
in order to avoid and eliminate the accumulation of flies or any other
insects from alighting around or upon any and all merchandise.
b.
All licensees offering for sale, displaying for sale, selling or
delivering seafood, meats, poultry or dairy products shall transport
the same solely in refrigerated vehicles, and all such products shall
remain in the refrigerated portion of the vehicle at all times up
to the time of sale or delivery. The refrigerated portion, during
the use thereof, shall be maintained at a properly low temperature
to completely safeguard all products from a health and sanitary standpoint
to the fullest reasonable extent possible for the safety and welfare
of the public.
c.
No licensee shall at any time permit any waste materials or parts of produce or any other merchandise to remain in or upon any street, roadway, curbs or walks and shall at all times remove any such debris that may have fallen from his vehicle so that the same is immediately placed in metal containers as provided for in Subsection 4-2.14a.
d.
All sales of merchandise by any licensee shall, at the time of sale,
be placed in bags or other like, suitable containers when the same
shall be handed to customers of the licensee.
An "ice cream vendor" is defined as a person who goes from place
to place or from house to house, travels on the public streets by
vehicle and carries with him ice cream, ice cream products, water
ices or frozen confectionery products of any kind or character (collectively
"ice cream") for the purpose of selling or offering to sell them to
customers from the vehicle.
a.
A licensee engaged as an ice cream vendor may sell ice cream from
one or more temporary locations from vehicles in residential zone
districts and districts which permit retail sales as a permitted use
and at Township parks and athletic fields, as referenced in Table
A.
|
Table A
| |
|---|---|
|
Name of Park/Field
|
Vendor Location
|
|
Southard Park
|
Baseball and Soccer Field
|
|
Pleasant Valley Park
|
Soccer Field 1, 2, 3, 4; Softball Field 1, 2, 3; Baseball Field
1
|
|
Dunham Park
|
Soccer Field; Roller Hockey Court; Baseball Field
|
|
Rebel Hill Park
|
Baseball Field; Soccer Field
|
|
War Memorial Fields
|
Soccer; Baseball, Softball
|
|
Astor Fields
|
Soccer/Lacrosse Fields
|
|
Farmstead Park
|
Soccer/Lacrosse Field
|
b.
No ice cream vendor shall park any vehicle within the lines of any
public street, road or other public place for the purpose of selling
ice cream for a period longer than 15 minutes, and then only while
making actual sales. No licensee shall sell or attempt to sell any
article to pedestrian or vehicular traffic other than when his vehicle
shall be properly parked immediately adjacent to the curb of a public
street in a permitted locality. No licensee shall at any time double
park when dealing with any of his trade, and in no event shall transact
any of his business operations other than on the curb side of his
vehicle. Sales of ice cream at Township parks and athletic fields
will be allowed only during the established park hours of operation.
Vehicles shall be parked adjacent to the right-hand curbline to ensure
the safety of customers. Vehicles may park only within parking lots
of the parks and athletic fields and shall not park on any park road
for the sale of items to the public. No vehicle used for selling ice
cream shall be parked within 500 feet of any school or school property
1/2 hour before the opening of school or 1/2 hour after the close
of school, nor shall any such vehicle be parked within 500 feet of
any public place of amusement or assemblage during the hours such
place is open for attendance, or any public park.
c.
No ice cream vendor shall deposit or leave any paper wrappings, refuse
or other materials upon any street, sidewalk or public place. Each
vehicle used for the sale of ice cream shall be equipped with a metal
waste container having a self-closing lid, into which paper wrappings,
refuse or other materials shall be deposited.
d.
Ice cream may be sold or offered for sale not only in sealed containers
but also by filling of individual containers with ice cream in or
from any vehicle from the street, highway or any other public place
in accordance with any state regulations governing the health of such
sales.
[Ord. #2489, 1-25-2022, amended]
Every person to whom a license is issued under the terms of
this section shall be governed by the following rules and regulations:
a.
No person shall enter or attempt to enter the house of any resident
in the Township without an express invitation from the occupant of
the house.
b.
No person shall conduct himself in such a manner as to become objectionable
to or annoy an occupant of any house.
c.
All licensees and their respective vehicles or modes of transportation
used in carrying on their permitted business shall at all times fully
comply with all the terms, covenants and conditions of this section
and all other applicable municipal ordinances and state laws, regulations
or provisions pertaining thereto, particularly, but not in limitation
thereof, that may deal with provisions of health, safety and general
welfare.
d.
Except for an ice cream vendor as defined in Subsection 4-2.12.1, any person who sells or offers for sale any goods or services from any temporary location in the Township which is not zoned to permit retail sales as a permitted use shall be guilty of a violation of this section, unless such sales are expressly permitted by some other section of the Revised General Ordinances.
a.
No licensee shall at any time permit any debris, waste material,
rotting produce or merchandise of any kind or any unfit produce to
remain in or upon his vehicle, unless the same is contained in a leakproof
metal container having a properly fitted metal cover.
b.
(Reserved)
c.
(Reserved)
d.
Notwithstanding the foregoing, with the exception of the sale of
food intended for immediate consumption in zone districts which permit
retail sales as a permitted use and the sale of ice cream in residential
zones and zone districts which permit retail sales as permitted uses,
the sale of goods from temporary locations, by use of trucks parked
on site for storage, display or vending of the goods intended for
sale, is prohibited. The sale of food from catering trucks for immediate
consumption in zone districts which permit retail sales as a permitted
use and at construction sites in residential zones only during the
construction process is permitted.
a.
In nonresidential zones, no person shall store or
display outside the confines of a building any article or material
being offered for sale unless the same is in conformance with the
standards governing outdoor storage in Chapter XXI, Land Development,
of the Revised General Ordinances.
b.
Except as permitted by Section 4-2.5g hereof concerning garage sales conducted by homeowners at their place of residence, or as otherwise expressly permitted by the Revised General Ordinances, no person shall, in any residential zone, store or display outside the confines of a building any articles, materials or merchandise which is being offered for sale.
Except as otherwise permitted by law, no person shall sell or
offer for sale any goods or services in any municipal park, building
or other municipally owned property. This section shall not apply
to:
a.
Ice Cream vendors permitted in municipal parks and athletic fields pursuant to Subsection 4-2.12.1, Table A.
b.
Such concessions as may be established and operated by or on behalf
of the Township, the Township Pool Commission or any other Township-related
entity and operated by either the Township, such commission or entity
or a contractor retained pursuant to applicable contracting laws.
c.
Private parties being conducted pursuant to permits for the use of
Township facilities in any park.
d.
Licensed vendors at a fair, carnival or similar event being conducted
pursuant to permits for the use of any portion of or facilities in
any municipally owned property.
a.
Any license or permit issued under the provisions of this chapter
or any other chapter of this revision or any ordinance of the Township
of Bernards may be revoked by the Township Committee after notice
and hearing before the Township Committee for any of the following
causes:
1.
Fraud, misrepresentation or false statement contained in any application
for permit or license.
2.
Fraud, misrepresentation or false statement in the conduct of any
business or activity authorized by such license.
3.
Violation of any provision of this revision.
4.
Conviction of the licensee for any felony or a misdemeanor involving
moral turpitude.
5.
Conducting any business or activity licensed under this chapter,
through the licensee himself or any of his agents, servants or employees,
in any unlawful manner or in such a manner as to constitute a breach
of the peace or a menace to the health, safety or general welfare
of the public.
b.
Upon reasonable belief that the cause for revocation exists, the
Chief of Police temporarily shall suspend a license pending hearing
and determination by the Township Committee.
Notice of a hearing for revocation of a license or permit issued under the provisions of this chapter shall be given in writing by the Municipal Clerk in accordance with Subsection 4-2.3, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed to the licensee, by regular and certified mail, to his last known address at least five days prior to the date set for the hearing.
At the hearing the licensee shall have the right to appear and
be heard, to be represented by counsel, to present witnesses in his
own behalf, to cross-examine opposing witnesses and to have a permanent
record made of the proceedings. The Township Committee shall revoke
or suspend the license only if it is satisfied by a preponderance
of the evidence that the licensee is guilty of the acts charged.
No applicant whose license has been revoked or denied as provided
by this section, nor any person acting for the applicant directly
or indirectly, shall be entitled to another license to carry on the
same activity unless he shall establish to the Township Committee
by clear and convincing evidence that the acts which led to the revocation
or denial will not be committed or occur again.
If any provision of this section is found to be invalid or unenforceable, it shall not affect the validity or enforceability of the remainder of this section, and provided that, if any exception under Subsection 4-2.5 is found to be invalid or unenforceable, the exception in question shall be eliminated and not broadened.
