For the purposes of this chapter, the terms used herein are
defined as follows:
PEDDLER
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.
PERSON
An individual, firm, partnership, corporation, voluntary
association, unincorporated association and principal or agent.
SOLICITOR
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.
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.
A. 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.
B. 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.
C. For exhibitions, circuses, carnivals, medicine shows, traveling or other shows, the fee shall be as indicated in Chapter
A120. Fees, for each day that the same is exhibited in the Township of Pittsgrove. This fee is to apply whether the show is held under canvas, in buildings or in the open.
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.