[HISTORY: Adopted by the Mayor and Council
of the Borough of Netcong 7-11-1972 as Ch. 57 of the 1972 Code. Amendments
noted where applicable.]
For the purposes of this chapter, the terms
used herein are defined as follows:
Any individual, whether a resident of the Borough of Netcong
or not, traveling either by foot, wagon, automobile, motortruck or
any other type of conveyance, from place to place, from house to house,
or from street to street, taking or attempting to take orders for
sale of goods, wares and merchandise, personal property of any nature
whatsoever for future delivery, or for services to be furnished or
performed in the future, whether or not such individual has, carries
or exposes for sale a sample of the subject of such sale or whether
he is collecting advance payments on such sales or not, provided that
such definition shall include any person who, for himself or for another
person, firm or corporation, hires, leases, uses or occupies any building,
structure, tent, railroad boxcar, boat, hotel room, lodging house,
apartment, shop or any other place within the borough for the sole
purpose of exhibiting samples and taking orders for future delivery.
Any person, whether a resident of the Borough of Netcong
or not, traveling by foot, wagon, automotive vehicle or any other
type of conveyance, from place to place, from house to house, or from
street to street, carrying, conveying or transporting goods, wares,
or merchandise, offering and exposing the same for sale, or making
sales and delivering articles to purchasers. The word "peddler" shall
include the words "hawker" and "huckster."
[Amended 7-11-2019 by Ord. No. 2019-7]
Shall include the singular and the plural, and shall also
mean and include any person, firm or corporation, association, club,
copartnership or society, or any other organization.
Any person who chooses a specific location within the Borough
upon which to erect or park a truck or similar vehicle or a free-standing
cart from which to engage in the sale of food or drink for more than
one day. Operators of the following are not considered transient food
truck merchants:
[Added 7-11-2019 by Ord.
No. 2019-7]
Food Truck (Social) — Any motor vehicle or free-standing
cart dispensing food in the Borough for one day only.
Catering Truck — Any motor vehicle that dispenses food
and makes intermittent stops in the Borough for less than one hour.
Ice Cream Truck — Any motor vehicle that dispenses frozen
novelty items throughout the Borough making intermittent stops.
It shall be unlawful for any person to engage in the business of a peddler, hawker, solicitor or canvasser as defined in § 183-1 within the corporate limits of the Borough of Netcong without having first obtained a license and a permit as provided for herein. A separate license shall be obtained by a licensed peddler, hawker, solicitor or canvasser for every agent or employee working for him.
Applicants for permit and license under this
chapter must file with the Borough Clerk a sworn application in writing
(in duplicate), on a form to be furnished by the Borough Clerk, which
shall give the following information.
A.
Name and description of the applicant.
B.
Permanent home address and full local address of the
applicant.
C.
A brief description of the nature of the business
and the goods to be sold.
D.
If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
E.
The length of time for which the right to do business
is desired.
F.
The place where the goods or property proposed to
be sold, or orders taken for the sale thereof, are manufactured or
produced; where such goods or products are located at the time said
application is filed; and the proposed method of delivery.
G.
A photograph of the applicant, taken within 60 days
immediately prior to the date of filing of the application, which
picture shall be two by two inches, showing the head and shoulders
of the applicant in a clear and distinguishing manner.
H.
The fingerprints of the applicant and the names of
at least two reliable property owners of the County of Morris and
State of New Jersey who will certify as to the applicant's good character
and business respectability, or in lieu of the names of references,
such other available evidence as to the good character and business
responsibility of the applicant as will enable an investigator to
properly evaluate such character and business responsibility.
I.
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation of any municipal
ordinance, the nature of the offense and the punishment or penalty
assessed therefor.
J.
Names of other municipalities within the State of
New Jersey where licensed or where applicant has received a permit
similar to one applied for herein.
K.
Names of other municipalities within the State of
New Jersey where any applications for a license or a permit as a peddler
or hawker or solicitor or canvasser have been desired, refused, revoked
or suspended.
A.
Upon receipt of such application, the original shall
be referred to the Chief of Police, who shall cause such investigation
of the applicant's business and moral character to be made as he deems
necessary for the protection of the public good.
B.
If, as a result of such investigation, the applicant's
character or business responsibility is found to be unsatisfactory,
the Chief of Police shall endorse on such application his disapproval
and his reasons for the same and return the said application to the
Borough Clerk, who shall notify the applicant that the application
is disapproved and that no permit and license will be issued.
C.
If, as a result of such investigation, the character
and business responsibility of the applicant are found to be satisfactory,
the Chief of Police shall endorse on the application his approval,
execute a permit addressed to the applicant for the carrying on of
the business applied for, and return said permit, along with the application,
to the Borough Clerk, who shall, upon payment of the prescribed license
fee, deliver to the applicant his permit and issue a license. Such
license shall contain the signature and seal of the issuing officer
and shall show the name, address and photograph of said licensee,
the class of license issued and the kind of goods to be sold thereunder,
the amount of fee paid, the date of issuance and the length of time
the same shall be operative, as well as the license number and other
identifying description of any vehicle used in such soliciting or
canvassing. The Clerk shall keep a permanent record of all licenses
issued.
D.
The Borough Clerk shall issue to each licensee at
the time of delivery of his license, a badge which shall show the
nature of the license in letters and figures easily discernible from
a distance of 10 feet. Such badge shall, during the time such licensee
is engaged in peddling or soliciting, be worn constantly by the licensee
on the front of his outer garment in such a way as to be visible to
a person facing him.
E.
All licensees using automobiles or other vehicles
in connection with their business shall have affixed thereon a metal
plate supplied by the Borough Clerk. The said metal plate shall bear
the words "licensed peddler," "licensed hawker," "licensed solicitor"
or "licensed canvasser," together with a number and the year for which
it is issued.
[Amended 7-11-2019 by Ord. No. 2019-7]
At the time the application for any permit under this chapter,
except a transient food truck vendor, is filed, a fee of $25 shall
be paid to the Borough Clerk to cover the cost of processing the application
and investigating the facts stated therein. The fee for registration
of a transient food truck vendor shall be $250 and shall be in addition
to any other permit fee required. The fee shall be waived for any
single-day event sponsored by the Borough.
No license issued under the provisions of this
chapter shall be used at any time by any person other than the one
to whom it was issued.
The requirements of this chapter shall not apply
to the following:
A.
Any charitable or religious society and any nonprofit
corporation organized and existing under the laws of the State of
New Jersey or any other state, that shall conduct sales of personal
property, when the proceeds thereof shall be applied to the payment
of the expenses thereof and to the charitable or religious object
for which the society exists or to the purpose for which said nonprofit
corporation was organized.
B.
Any person honorably discharged from the military
services of the United States, possessing a peddler's license issued
in conformity with N.J.S.A. 45:24-9 and 45:24-10.
C.
Any person who is an exempt fireman of a volunteer
fire department and defined in N.J.S.A. 45:24-9 and 45:24-10, possessing
a license in conformity with said law.
D.
Any public utility or its employees, which said public
utility is subject to regulation by the State Board of Public Utility
Commissioners; provided, however, that such employees shall display
the identification badge or card issued by his employer.
E.
Any person selling fruits and farm products grown
by himself, with or without the help of others.
F.
Any person engaged in the delivery of goods, wares
or merchandise or other articles or things in the regular course of
business, to the premises of persons who had previously ordered the
same or were entitled to receive the same by reasons of a prior agreement.
G.
Any person soliciting funds or selling personally
on behalf of the Boy Scouts of America, Girl Scouts of America, Little
League or other organizations of similar nature.
H.
No license or permit shall be required under this chapter for a Borough-approved vendor participating in a Borough-sponsored event. A Borough-based not-for-profit organization may apply to the governing body to hold a one-day food truck event without obtaining a transient food truck merchant permit. The organization must provide a list of food truck vendors and each vendor must comply with the regulations set forth in § 183-18.
[Added 7-11-2019 by Ord.
No. 2019-7]
Peddlers, hawkers, solicitors and canvassers
are required to exhibit their licenses at the request of any citizen
with whom they wish to conduct their particular business activity,
and furthermore they shall be required to produce said license upon
the request of a police officer of the Borough of Netcong.
No peddler, hawker, solicitor or canvasser shall
have any exclusive right to any one place upon any sidewalk or any
street and shall not be permitted to operate in a congested area where
his operation might impede or inconvenience the public. For the purpose
of this chapter, the judgment of a police officer, exercised in good
faith, shall be deemed conclusive as to whether the area is congested
or the public impeded or inconvenienced.
No peddler, hawker, solicitor or canvasser shall sell or attempt to sell within the corporate limits of the Borough of Netcong before 9:00 a.m. or after 9:00 p.m., prevailing time, unless said person has been expressly invited into a home by the occupants thereof, and furthermore no person who is exempt under the provisions of § 183-7 shall solicit or attempt to solicit or sell or attempt to sell within the corporate limits in the Borough of Netcong before 9:00 a.m. or after 9:00 p.m., prevailing time, unless said person has been expressly invited into a home by the occupant thereof.
It shall be the duty of any police officer of
the Borough of Netcong to enforce the provisions of this chapter and
require any person seen peddling or soliciting and who is not known
by such officer to be duly licensed, to produce his license, and to
enforce the provisions of this chapter against any person found to
be violating the same.
The Chief of Police shall report to the Borough
Clerk all convictions for violation of this chapter, and the Borough
Clerk shall maintain a record for each license issued and record the
reports of violation therein.
A.
Permits and licenses issued under the provisions of
this chapter may be revoked by the Mayor and Borough Council of the
Borough of Netcong after notice and hearing, for any of the following
causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his business as peddler.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of peddling in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
B.
Notice of the hearing for a revocation of a license
shall be given in writing, setting forth specifically the grounds
of complaint and the time and place of hearing. Such notice shall
be mailed, postage prepaid, to the licensee at his last known address
at least five days prior to the date for hearing.
Any person aggrieved by the action of the Chief of Police or the Borough Clerk in the denial of an application for permit or license as provided in § 183-4, or in the decision with reference to the revocation of a license as provided in § 183-13, shall have the right of appeal to the Mayor and Borough Council of the Borough of Netcong. Such appeal shall be taken by filing with the Borough Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Borough Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 183-13 for notice of hearing or revocation. The decision and order of the Mayor and Borough Council on such appeal shall be final and conclusive.
All licenses shall expire on the date specified
on the license.
[Amended 8-10-2006 by Ord. No. 2006-20]
Notwithstanding anything to the contrary contained herein, any person, firm or corporation who is licensed under the laws of the State of New Jersey as a real estate broker or a salesman shall not be required to pay any fee to obtain a license and permit as provided for herein; and furthermore said license and permit shall be issued to said person, firm, or corporation upon production of the aforesaid license or permit from the State of New Jersey, without any requirement of fingerprinting or other qualifying tests as provided for herein; however, said person, firm or corporation shall be subject to §§ 183-8, 183-9, and 183-10 of this chapter.
[Added 7-11-2019 by Ord.
No. 2019-7]
A.
Licensing; permits. All licensing and registration requirements contained
in this chapter shall apply to transient food truck merchants as described
in this section. No permit shall be issued to conduct sales as a transient
food truck merchant unless the applicant satisfies the conditions
of this chapter and secures a transient merchant permit from the Borough
Clerk.
D.
Performance regulations.
(1)
All applicants proposing to prepare food items shall be required
to obtain a food handler's license from the Borough Health Department
and any permits required by the Fire Prevention Bureau or any other
permits required for operation.
(2)
Not more than one transient merchant per lot will be permitted. Transient
merchants shall be prohibited within 100 feet of any building, 10
feet from any residential property line, and 150 feet in all directions
from a fire hydrant.
(3)
The area to be occupied by a single transient merchant, including
a stand, tent, wagon, truck, sign and trash receptacle, shall not
exceed 500 square feet.
(4)
One freestanding sign per temporary merchant may be permitted. Signs
must be constructed of durable material and maintained in a presentable
condition. Flashing lights or lights using the colors red, yellow
or green shall be prohibited. No sign shall be placed within 15 feet
of a property line or within an established sight triangle for interior
lanes or access driveways. All freestanding signs must be removed
and properly secured during nonoperating hours of the merchant. Maximum
sign face shall not exceed 16 square feet and shall not exceed four
feet in height.
(5)
Food trucks must contain all equipment and operations within the
vehicle except for a fold-down counter to serve customers. No furniture,
umbrellas, generators, extension cords, objects or structures shall
be placed outside of the vehicle except for separate trash and recycling
receptacles which shall be required for any transient merchant serving
food and/or beverages. Said receptacles shall be removed at the end
of each day. Food trucks shall not provide customer seating.
(6)
Time of operation shall be limited to 6:00 a.m. to 7:00 p.m.
(7)
Food trucks shall not broadcast music or advertisements.
