As used in this article, the following terms
shall have the meanings indicated:
DAY
Shall be reckoned from 12:00 midnight to 12:00 midnight.
[Added 12-13-2021 by Ord. No. O-44-21]
PEDDLER
A.
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.
B.
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.
C.
Includes the words "hawker," "huckster" and
"vendor."
D.
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."
E.
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]
[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]
A. Any individual who owns and/or operates a peddling business must
first obtain a license from the City Clerk.
B. Employees of peddling businesses actively peddling within the City
of Rahway must first obtain a permit from the City Clerk.
C. Licenses and permits must be displayed in full view during the course
of business.
D. Licenses/permits must be renewed annually each calendar year.
E. 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.
F. 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.
G. 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.
H. All licenses and permits shall expire on the last day of each calendar
year.
I. Upon termination of an employee, all permits of terminated employees
must be returned to the City Clerk within 10 days of such termination.
J. 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.
[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:
A. 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.
B. 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) 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 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.
[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:
A. Any person selling only at wholesale, from sample,
to dealers in the wares, merchandise or goods sold.
B. Any person selling newspapers or periodicals only.
C. Any farmer or gardener selling goods of his own growth.
D. Any federal census takers and polls or surveys taken
pursuant to federal, state or local law shall not be prohibited by
this article.
[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]
A. 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.
B. 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.
C. 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.
D. 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.
[Amended 12-12-2011 by Ord. No. O-36-11; 12-13-2021 by Ord. No. O-44-21]
A. 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.
B. As used in this section, "residence building" shall
mean a detached dwelling used as a place of residence by not more
than two families.
C. 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.
[Added 12-13-2021 by Ord. No. O-44-21]
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.
[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:
A. Using false or fraudulent statements in obtaining
such license or permit.
B. Using false or fraudulent statements or other misrepresentations
in the course of carrying on business or employment under such license
or permit, as applicable.
C. 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.
D. 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]
[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.