[HISTORY: Adopted by the Township Committee of the Township of Pittsgrove 11-24-1982; amended in its entirety 5-9-2018 by Ord. No. 2018-4. Subsequent amendments noted where applicable.]
For the purposes of this chapter, the terms used herein are defined as follows:
- A person who goes from place to place by traveling on the street or from house to house and carries with him goods, wares and merchandise for the purpose of selling and delivering them to consumers.
- An individual, firm, partnership, corporation, voluntary association, unincorporated association and principal or agent.
- Any person traveling by foot, automotive vehicle or other conveyance, from place to place, from house to house, or from street to street, soliciting orders, subscriptions, contributions, or any other kind of support, or who without necessarily having the intention of making sales, distributes literature, pamphlets, handbills, samples and the like, which are commercial in nature, for the purpose of information, advertising, systems, or projects, or who attempts to sell or solicits orders for goods, wares, merchandise, personal property of any nature whatsoever, farm or other food products, for future delivery, or for services, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale, or whether he/she is collecting full or partial payment, or advance payment on such sales or not.
- TRANSIENT MERCHANT
- A person commonly referred to either as a "transient merchant" or "itinerant vendor," who engages temporarily in business in this municipality by occupying a room, building, tent, lot or other premises for the purposes of selling goods, wares and merchandise, including but not limited to fruits, vegetables, fish products, flowers and other agricultural products. The words "transient merchant" shall also include any person who conducts any traveling or street show, carnival or circus and in connection therewith sells or displays for sale any goods, wares and merchandise.
- TRANSIENT MERCHANT PEDDLER
- A person who engages in business in the manner defined above for the term "transient merchant" and, in pursuance thereto, becomes a peddler or hires a peddler as defined above for the term "peddler."
The purpose of this chapter is to regulate the conduct of business, by transient merchants, in a manner consistent with the requirements and regulations placed upon other land users; to provide for public safety and welfare; to attempt to prevent dishonest and fraudulent business practices on the part of peddlers, solicitors, and transient merchants; and to attempt to ensure that peddlers, solicitors, and transient merchants do not become a public nuisance, that they are of good character, and that the causes they represent are in the best interest of the community.
It shall be unlawful for any hawker, peddler, solicitor, or itinerant vendor of merchandise, medicines and remedies, any person conducting any exhibition ground, circus, carnival, medicine show, traveling or other show and any person selling books, magazines and other periodicals to sell or dispose of or to offer to sell or dispose of any goods, wares or merchandise or to conduct any shows within the Township of Pittsgrove without first obtaining a license, unless such person is a representative of a charitable organization actively operating in the Township of Pittsgrove or falls within the class of people set forth in N.J.S.A. 45:24-9a and b.
Specifically exempted from the provision of this article and from the meaning of the word "solicitor," as herein defined, are charitable organizations, civic organizations, political organizations, religious organizations, and churches and/or their authorized representatives, all of whom shall be permitted and authorized to solicit without obtaining a permit, as herein set forth. However, they are subject to the requirements of § 93-6B, and would be recommended to carry visible identification with them while pursuing such activities.
Any person desiring a license shall file with the Township Clerk an application blank containing the following information for all classes of license:
The name of the applicant.
The name, address, and telephone number of the person from whom goods making up the stock were or are to be purchased.
The place or places of residence of the applicant.
The length of time for which the license is desired.
A description of the goods to be offered for sale.
The number of arrests or convictions for offenses or crimes and the nature of the offenses for which arrested or convicted.
Hours during which applicant intends to conduct the activity, sell his/her goods, wares, merchandise and/or services, and, in the case of solicitors, the hours during which activities are to be conducted.
To the application must be attached:
A letter from the firm or company for which the applicant purports to work, authorizing the applicant to act as its representative.
A copy of a valid certificate of authority to collect New Jersey sales tax, unless the items sold are exempt.
A copy of a valid New Jersey driver's license.
A copy of the sanitary inspection report of the Salem County Department of Health reflecting satisfactory evaluation of food vendors.
For applicants other than peddlers, a sketch of the property location for which the license application is being made. The sketch shall reflect the licensee's location, vehicles, wares, signs, all structures located on the property, and all properties and roadways adjacent thereto.
The license issued pursuant to this chapter shall expire at the end of the period specified on the license.
Solicitors shall not conduct their activities between the hours of 8:00 p.m. and 9:00 a.m., or at any time when a sign has been posted on a building stating "No Solicitors," "No Canvassers," and/or "No Peddlers," or words to that effect; however, registered solicitors may call upon the occupants of residences at other times when he/she has received express permission from the occupant prior to doing so.
Transient merchants and peddlers shall not sell their goods, wares, and/or merchandise, or pursue their activities between the hours of 8:00 p.m., and 9:00 a.m. These times may be modified by duly adopted resolution of the Township Committee.
Only one licensee shall be permitted on a property for which the license is issued at any one time.
Licensees shall not conduct business activities or place signs, wares, carts or other structures within 20 feet from the nearest boundary line of a public right-of-way or within 250 feet from the center of the intersection of two or more roads.
All applications shall be filed with the office of the Township Clerk. If all sufficient documentation is found to be included, the Clerk will approve and issue the license. The license to be issued shall be in the form of a card bearing the signature of the licensee.
The license issued shall not authorize any person except the designated person named in the license to engage in business thereunder. Said license shall not be transferable from the person to whom issued to any other person. In cases where any person, firm or corporation is regularly operating a truck or motor vehicle from which merchandise is to be sold or delivered, sublicenses may be issued by the Clerk to substitute drivers or to a route foreman for a period not exceeding one week, by the payment of a fee as indicated in Chapter A120. Fees, and upon such substitute driver signing the license application and furnishing the information as hereinabove provided. The principal license in all events is to be issued to extra men working with the regular licensee or in place of said licensee.
All licenses shall be issued on forms provided by the Township Committee and shall be consecutively numbered and shall contain blank spaces for the name, class of license, amount of fee paid and space for the picture of the licensee and the signature of the licensee.
Every person holding a license or certificate under this chapter shall be required to carry the license with him or have it at his business premises while engaged in the business licensed. He or she shall produce the license at the request of any resident of the Township of Pittsgrove.
The fee structure of this chapter has two parts: an application fee, and a schedule of license fees, and may be revised by the Pittsgrove Township Committee as provided herein.
Applicants shall pay a fee in the amount of $25 at the time the application is filed with the Township Clerk. The application fee is nonrefundable. The provisions of this subsection shall not apply to special events.
The license fee to be paid for the license provided by this chapter shall be in the amount set forth in Chapter A120 of the Code of the Township of Pittsgrove entitled "Fees," and said license shall be valid only for the days for which it is issued. The license will not be issued until such fees have been paid. License fees are nonrefundable.
A license may be revoked by the Township Clerk upon proof to the satisfaction of a violation of the terms of the license, the violation of this chapter or any state or federal statute or for falsification in applying for the license. Any license may be suspended for not more than two weeks by the issuing officer, without a hearing, for violations brought to that officer's attention.
Any person, firm or corporation violating any provisions of this chapter shall be subject, upon conviction, to one or more of the following: imprisonment in the county jail for any term not exceeding 90 days; or by a fine of no less than $100 and not more than $2,000; or by a period of community service not exceeding 90 days.