City of Rahway, NJ Peddlers

Includes any person traveling by foot, wagon, motor vehicle or in or upon any other type of vehicle or conveyance, from house to house, store to store or street to street, carrying with wares, merchandise or goods for the purpose of:

[Amended 12-13-2021 by Ord. No. O-44-21]

(1)

Offering and exposing the same for sale; or

(2)

Making sales and delivering any of said articles to purchasers.

Includes a person who, without traveling from place to place, sells or offers for sale wares, merchandise or goods from a wagon, motor vehicle or any other type of vehicle or conveyance.

Includes the words "hawker," "huckster" and "vendor."

Any person who solicits orders and, as a separate transaction, makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this article shall be deemed a "peddler."

Does not include food vehicles which are controlled under Article V of this chapter.

[Added 12-13-2021 by Ord. No. O-44-21]

VEHICLE

Any mode of conveyance or anything with or without a wheel or wheels, whether stationary or propelled by muscular power or other means.

[Added 12-13-2021 by Ord. No. O-44-21]

§ 311-20 Business license and employee permit required.

[Amended 7-12-2004 by Ord. No. O-24-04; 12-12-2011 by Ord. No. O-36-11; 12-13-2021 by Ord. No. O-44-21]

Any individual who owns and/or operates a peddling business must first obtain a license from the City Clerk.

Employees of peddling businesses actively peddling within the City of Rahway must first obtain a permit from the City Clerk.

Licenses and permits must be displayed in full view during the course of business.

Licenses/permits must be renewed annually each calendar year.

Background checks will be conducted on an annual basis for each holder of a license or permit. Background checks resulting with the following convictions may result in a denial for licenses and permits:

(1)

Conviction of a crime that was proven to be committed recklessly or with malicious intent, and was proven as inherently vile, unethical, or depraved, contrary to the rules of society.

(2)

Conviction of a third degree crime within a year of the application date will automatically disqualify the applicant. Conviction of a third degree crime over one year prior to the application date will be reviewed with additional consideration of other convictions. Examples of third degree crimes include but are not limited to terroristic threats, theft or shoplifting (over $500), aggravated assault, fraud, burglary and distribution of controlled dangerous drugs.

(3)

Conviction of crimes against children, domestic violence, and/or sexual assault shall result in automatic disqualification for the applicant.

It is the responsibility of the license holder to ensure that each new employee who engages in the activities regulated by this article completes an application and receives a permit.

Holders of special licenses from the State of New Jersey pursuant to the regulations of N.J.S.A. 45:24-9, as supplemented and amended, (honorably discharged veterans and exempt members of volunteer fire departments, volunteer fire engineer, hook and ladder, hose supply company or salvage corps. of any municipality or fire district in the State of New Jersey who hold exemption certificates issued to them) must fill out an application and pay for any background checks with the New Jersey Division of State Police but shall be exempt from any of the City's administrative fees for background checks hereunder. Only honorably discharged veterans who have resided in the State of New Jersey for at least six months and in Union County for at least three months shall qualify for this exemption.

All licenses and permits shall expire on the last day of each calendar year.

Upon termination of an employee, all permits of terminated employees must be returned to the City Clerk within 10 days of such termination.

All peddlers selling food items from a vehicle must have the vehicle(s) inspected by the City Health Department and present a valid food license at the time of application for a peddlers license.

§ 311-21 Business license/employee permit application.

[Amended 8-8-1994 by Ord. No. A-28-94; 7-12-2004 by Ord. No. O-24-04; 12-13-2021 by Ord. No. O-44-21]

Any person desiring a license or permit under this article shall file, on a form to be supplied by the City Clerk, an application with the City stating the following:

Business license application.

(1)

Name of applicant's business.

(2)

Address of applicant's business.

(3)

Telephone number of applicant's business.

(4)

Name and social security number of applicant.

(5)

Applicant's home address and telephone number.

(6)

Date and place of applicant's birth.

(7)

Place or places of residence of applicant for the preceding three years.

(8)

The kind and nature of merchandise to be sold or offered for sale.

(9)

Whether or not the applicant will use or employ any vehicles in connection with the operation of the business licensed under this article and, if so, the number of vehicles, license plate number and description of each vehicle.

(10)

Whether or not the applicant has ever been convicted of a crime, misdemeanor or violation of any ordinance concerning peddlers and/or hawkers and, if so, where and the nature of the offense or convictions.

(11)

All applications for licenses must be accompanied by an approved fingerprint check from the Rahway Police Department.

(12)

All applications must be accompanied by a signed peddlers license authorization form to consent to the Rahway Police Department to run a background check.

(13)

Two passport-size photographs, one of which will be attached to the license.

Employee permit application.

(1)

Name of employer's business.

(2)

Address of employer's business.

(3)

Telephone number of employer's business.

(4)

Name and social security number of applicant.

(5)

Applicant's home address and telephone number.

(6)

Date and place of the applicant's birth.

(7)

Place or places of residence of the applicant for the preceding three years.

(8)

The kind and nature of merchandise to be sold or offered for sale.

(9)

(10)

(11)

All applications for permits must be accompanied by an approved fingerprint check from the Rahway Police Department.

(12)

All applications must be accompanied by a signed permit application release authorization form to consent to the Rahway Police Department to run a background check.

(13)

Two passport-size photographs, one of which will be attached to the permit.[1]

[1]

Editor's Note: Former § 311-22, Good moral character prerequisite to permit, which immediately followed this section, was repealed 7-12-2004 by Ord. No. O-24-04 and subsequent sections were renumbered respectively.

§ 311-22 Exemptions.

[Amended 7-12-2004 by Ord. No. O-24-04; 12-13-2021 by Ord. No. O-44-21]

The following persons are to be deemed outside the coverage of this article and exempt from the licensing provisions and fee requirements (except where noted) thereof:

Any person selling only at wholesale, from sample, to dealers in the wares, merchandise or goods sold.

Any person selling newspapers or periodicals only.

Any farmer or gardener selling goods of his own growth.

Any federal census takers and polls or surveys taken pursuant to federal, state or local law shall not be prohibited by this article.

§ 311-23 Business license fees.

[Amended 5-12-2003 by Ord. No. O-37-03; 7-12-2004 by Ord. No. O-24-04; 12-12-2011 by Ord. No. O-36-11; 12-13-2021 by Ord. No. O-44-21]

The license fee for peddlers who use or employ one or more wagons or other vehicles shall be $300 annually per vehicle or wagon, except that holders of special licenses pursuant to § 311-20G shall be exempt.

The license fee for peddlers who do not use or employ wagons or other vehicles, but carry their wares or goods about by foot, shall be $250 annually; except that holders of special licenses pursuant to § 311-20G shall be exempt.

For initial business license/employee permit application:

(1)

Each applicant is responsible for the cost of fingerprinting.

(2)

Fee of $100, payable to the City of Rahway to cover the administrative fee for the background check, except holders of special licenses pursuant to § 311-20G shall be exempt.

For an annual background check at renewal:

(1)

Each applicant is responsible for the cost of the secondary check.

(2)

Fee of $50, payable to the City of Rahway to cover the administrative fee for the background check, except holders of special licenses pursuant to § 311-20G shall be exempt.

§ 311-24 Peddling locations.

[Amended 12-12-2011 by Ord. No. O-36-11; 12-13-2021 by Ord. No. O-44-21]

No person authorized to conduct a business of being a peddler shall disturb the public by crying out his wares nor by creating a nuisance, nor shall any such person remain or allow any vehicle or conveyance to remain within 100 feet of any one residence building or 500 feet of any retail or any business establishment for a period of time exceeding 15 consecutive minutes for the purpose of conducting such business.

As used in this section, "residence building" shall mean a detached dwelling used as a place of residence by not more than two families.

No person shall appear upon any public street or park a vehicle or permit a vehicle to stand upon any public street within 200 yards of any school premises within the City during any day for the purpose of or during the process of soliciting a sale or sales or any business, or of displaying food, goods, merchandise or any article whatsoever, or of offering to sell or selling the same to any person.

§ 311-25 Hours limited; fees.

[Added 12-13-2021 by Ord. No. O-44-21[1]]

No person shall appear upon any public street within the City from 9:00 p.m. to 8:00 a.m. of the following day for the purpose of or during the process of soliciting a sale or sales or any business, or of displaying food, goods, merchandise or any article whatsoever, or of offering to sell or selling the same to any person.

[1]

Editor's Note: This ordinance also renumbered former §§ 311-25 and 311-26 as §§ 311-26 and 311-27, respectively.

§ 311-26 Revocation of license.

[Amended 7-12-2004 by Ord. No. O-24-04]

The Business Administrator of the City reserves the right to cause the City Clerk to revoke and/or rescind any license or permit granted under this article if the person or organization with such license or permit, as applicable, shall be found:

Using false or fraudulent statements in obtaining such license or permit.

Using false or fraudulent statements or other misrepresentations in the course of carrying on business or employment under such license or permit, as applicable.

Conducting the business of canvassing, soliciting, peddling or hawking in an unlawful manner or in such a manner as to constitute a breach of the peace or nuisance or a menace to the health, safety and welfare of the citizens of the City of Rahway.

Selling items, including but not limited to, tobacco products, products containing THC, alcohol, firearms and ammunition, fireworks, or any other items that have legal age restrictions or are deemed as a controlled substance.

[Added 12-13-2021 by Ord. No. O-44-21]

§ 311-27 Violations and penalties.

[Amended 12-13-2021 by Ord. No. O-44-21]

Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.