[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-14-1962 by Ord. No. 62-4; amended in its entirety 4-8-1999 by Ord. No. 6-99]
The purpose of this article is to establish regulations relative to sales of goods and merchandise by peddlers, hawkers, vendors, solicitors and canvassers within the Borough of Clayton, to establish seasonal time periods, and to prohibit seasonal sales in all residential zone classifications as set forth in Chapter 88, Unified Development. In addition, this article prohibits stationary vendors from selling merchandise outdoors without receiving required planning/zoning approvals and clarifies the application/approval process.
A.
It shall be unlawful for any peddler, hawker, vendor, canvasser,
seasonal sales vendor or solicitor as hereinafter defined to engage
in such activity within the Borough without first obtaining a license
therefor in accordance with the provisions of this article.
B.
It shall be unlawful for any peddler, hawker, vendor, canvasser, seasonal sales vendor or solicitor as hereinafter defined to operate from any particular location, unless such location complies with all the requirements of Chapter 88, Unified Development, and all necessary approvals have been granted for such location by the Planning Board.
C.
Compliance with the requirements of the Chapter 88, Unified Development, and approval from the Planning Board shall not be required of any bona fide charitable or religious nonprofit organization located within the Borough of Clayton which sells products under this section for fund-raising for its own use and conducts such sales on property it owns in the Borough of Clayton which already has parking, lighting and sanitary facilities.
When used in this article, the following terms shall have the
following meanings:
The category of peddler, hawker, vendor, solicitor or canvasser,
as set forth herein.
Includes all goods, wares, foods, fruits, vegetables, farm
products, books, magazines, periodicals, arts, crafts and all kinds
of articles of personal property for domestic use.
Only includes Christmas trees, Christmas wreaths, Christmas
grave blankets, Christmas arts and crafts, Valentine's Day flowers,
Easter flowers, Easter baskets, Mother's Day flowers, Mother's Day
baskets and other articles of arts and crafts related to the seasonal
sales activity.
Any nonprofit religious, charitable, educational, civic or
veterans' organization, society, association, service club, volunteer
first aid organization or fire company which is located within and
services the Borough and sells goods and merchandise at a specific
location either owned by the nonprofit organization or at a location
not owned by the nonprofit organization having the written consent
of the owners of property to conduct seasonal sales activities within
the Borough of Clayton.
Any person traveling either by foot, vehicle or any other
type of conveyance, who goes from house to house, from place to place
or from street to street, conveying or transporting goods, wares or
merchandise and offering or exposing the same for sale, or making
sales and delivering articles to purchasers, or who engages in any
of the foregoing activities from a stationary location on the street
or other public place.
Any person, partnership, partner, corporation or corporations, except as defined in § 69-5 hereinafter.
A specific time period to sell goods and/or merchandise as
follows:
Christmas: a time period not to exceed 30 days, including Christmas
Day and the 29 days preceding Christmas Day.
Valentine's Day: a time period not to exceed five days, including
Valentine's Day and the four days preceding Valentine's Day.
Easter: a time period not to exceed five days, including Easter
and the four days preceding Easter.
Mother's Day: a time period not to exceed five days, including
Mother's Day and the four days preceding Mother's Day.
A person who sells goods and/or merchandise for a specified,
limited purpose and period of time at a location owned by and/or leased
by the applicant.
Any person who goes from house to house, from place to place
or from street to street soliciting or taking or attempting to take
orders for the sale of services, goods, wares or merchandise or personal
property of any nature whatsoever for future delivery or for services
to be performed in the future, whether or not such individual has,
carries or exposes for sale a sample of the subject for such order,
and whether or not he is collecting advance payments on such orders,
or who engages in any of the foregoing activities from a stationary
location on the street or other public place.
A.
No peddler, hawker, canvasser, solicitor or vendor shall sell or
offer for sale to the general public any goods or merchandise, beverages
or food products from a fixed location utilizing public or quasi-public
streets and sidewalks within the Borough of Clayton. In addition,
the sale of merchandise from stationary locations is prohibited with
the exception of seasonal sales licensed under this article.
B.
No peddler, hawker, canvasser, solicitor or vendor shall sell or
offer for sale to the general public any goods or merchandise, beverages
or food products from a fixed location utilizing a public cartway.
In addition, the sale of merchandise from a fixed location is prohibited
with the exception of a seasonal sales licensed under this article.
A person shall be deemed to be selling from a fixed location if such
vendor remains at a fixed location for a period of time of 15 minutes
or longer, unless extended as provided below:
(1)
The fifteen-minute time limitation is extended beyond 15 minutes
for such periods of time that customers or prospective customers are
being serviced by the vendor wherein the customers or prospective
customers:
(2)
The fifteen-minute time limitation is further extended for such time
following a sale or purchase that the vendor may need to replace or
replenish merchandise; to perform that which is necessary to clean
and straighten up the cart or its merchandise, etc.; to secure the
proceeds of the sale; to file copies of receipts; and/or other such
acts that occur following a sale of such merchandise. However, the
total time allotted for acts following a sale under this subsection
shall not exceed 10 minutes.
(3)
At the expiration of the 15 minutes, plus the extended period as
provided above, the vendor must move from such location to a location
at least 25 feet from such location for a period of at least one hour.
No vendor has a right to any particular location on the public right-of-way
and sidewalks.
C.
The Borough Clerk may consider special exceptions and grant relief
of the ordinance requirement for the operation of transient vendors,
food trucks, and other mobile vending at a public or semi-public event
(i.e., festivals, etc.) that is held by a formal organization and
officially permitted and sanctioned by the Borough of Clayton.
[Added 2-13-2020 by Ord.
No. 3-2020]
A.
Any nonprofit religious, charitable, educational, civic or veterans' organization, society, association, service club, volunteer first aid or fire company, etc., desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind, or desiring to sell or distribute any item of literature or merchandise for which a fee is or is not charged or solicited at any place or places within the Borough of Clayton for a charitable, religious, patriotic or philanthropic purpose, shall be exempt from the provisions of §§ 69-6 through 69-9 of this article, provided that there is filed a sworn application, in writing, with the Borough Clerk or Chief of Police, which shall give the following information:
(2)
Name and address of the organization.
(3)
Period during which the solicitation is to be carried on.
(4)
Name and address of each agent or representative who will conduct
solicitations and the length of time that said agent or representative
has been employed or affiliated with such organization, society, association
or corporation.
B.
Any nonprofit organization must demonstrate that it has been a nonprofit
organization for a period of at least two continuous years as a condition
of being exempt from payment of registration and licensing fees.
C.
Upon receiving the application set forth above, the Borough Clerk
or Chief of Police shall issue a license without charge to such organization,
association, society, corporation, etc., for each of their or its
representatives who will actually conduct the solicitations.
[Amended 6-14-2018 by Ord. No. 12-2018]
D.
Any nonprofit religious, charitable, educational, civic or veterans'
organization, society, association, service club, volunteer first
aid or fire company, etc., which is located in the Borough of Clayton
is hereby exempt from the provisions of this article, with the exception
of the Borough's general regulations for signs.
[Amended 5-10-2018 by Ord. No. 9-2018]
Applicants for a license under this section shall file with
the Borough Clerk a sworn application to be made in writing on a format
to be furnished by the Department which shall provide the following:
A.
Name, address and telephone number of the organization (profit or
nonprofit) and/or business applying for a license under the provisions
of this section.
B.
Name, address, telephone number and description of those individuals
to be employed by and engaged in peddling, hawking, soliciting or
canvassing.
C.
The place or places of residence of the organization (profit or nonprofit)
and/or business applying for a license, as well as those individuals
engaged by the organization and/or business in conducting peddling,
hawking, vending, soliciting and canvassing activities.
D.
Driver's license numbers (or other proof of identification) of individuals
of the organization (profit or nonprofit) and/or business engaged
in the activities of peddling, hawking, vending, soliciting and canvassing.
E.
Driver's license numbers (or other proof of identification) of those
individuals engaged in peddling, hawking, vending, soliciting and
canvassing for the organization (profit or nonprofit) and/or business
applying for a license to conduct said activities.
F.
A brief description of the nature of the business, the goods to be
sold and the name and address of the principal office of their manufacturer,
as well as the name and address of the agent designated to receive
services or process in the State of New Jersey of said organization
(profit or nonprofit) and/or business applying for a license under
this article.
G.
The length of time for which the right to do business is desired
by the organization (profit or nonprofit) and/or business applying
for the license.
H.
A photograph of the individuals employed by the organization (profit
or nonprofit) and/or business applying for a license, taken within
60 days immediately prior to the filing of the application. The individuals
employed by the organization (profit or nonprofit) and/or business
applying for a license shall be fingerprinted at the request of the
Chief of Police.
I.
A statement as to the individuals employed by the organization (profit
or nonprofit) and/or business applying for a license indicating whether
or not those individuals have been convicted of any crime, disorderly
persons offense or violation of any municipal ordinance, as well as
describing the nature of the events and the punishment or penalty
assessed therefor.
[Amended 5-10-2018 by Ord. No. 9-2018]
J.
Whether or not orders are to be solicited or taken for future delivery
of goods or performance of services by the organization (profit or
nonprofit) and/or business applying for the license.
K.
The applicant being the organization (profit or nonprofit) and/or
business applying for a license shall list previous licenses issued
by the Borough of Clayton, as well as other municipalities wherein
licenses have been applied for and issued by those municipalities.
L.
The time of soliciting, peddling, hawking, vending or canvassing
shall be between the hours of 9:00 a.m. and 7:00 p.m.
[Amended 5-10-2018 by Ord. No. 9-2018]
A.
Applicants for a license under this section shall file a sworn application
with the Clerk of the Borough of Clayton on a form to be provided.
Complete applications for seasonal sales license must be submitted
to the Clerk of the Borough of Clayton 30 days prior to the actual
specified time period for conducting a seasonal sales activity. An
application determined to be incomplete upon review by the Borough
Clerk shall be returned to the applicant. In addition, the following
information shall be required:
(1)
Name, address and telephone number of the organization (profit or
nonprofit) and/or business applying for a license under the provisions
of this section.
(2)
Name, address, telephone number and description of those individuals
to be employed by and engaged in a seasonal sales activity.
(3)
The block and lot location of the property to be utilized in conducting
a seasonal sales activity.
(4)
Driver's license numbers (or other proof of identification) of individuals
of the organization (profit or nonprofit) and/or business engaged
in the seasonal sales.
(5)
Driver's license numbers (or other proof of identification) of those
individuals engaged in seasonal sales for the organization (profit
or nonprofit) and/or business applying for a license to conduct said
activities.
(6)
The length of time for which the right to do business is desired by the organization (profit or nonprofit) and/or business applying for the license as per § 69-3 of this article, which defines said seasonal sales period.
[Amended 5-10-2018 by Ord. No. 9-2018]
(7)
A photograph of the individuals employed by the organization (profit
or nonprofit) and/or business applying for a license, taken within
60 days immediately prior to the filing of the application. The individuals
employed by the organization (profit or nonprofit) and/or business
applying for a license shall be fingerprinted at the request of the
Chief of Police.
(8)
A statement as to the individuals employed by the organization (profit
or nonprofit) and/or business applying for a license indicating whether
or not those individuals have been convicted of any crime, disorderly
persons offense or violation of any municipal ordinance, as well as
describing the nature of the events and the punishment or penalty
assessed therefor.
[Amended 5-10-2018 by Ord. No. 9-2018]
(9)
The applicant being the organization (profit or nonprofit) and/or
business applying for a license shall list previous licenses issued
by the Borough of Clayton, as well as other municipalities wherein
licenses have been applied for and issued by those municipalities.
(10)
The time of seasonal sales shall be between the hours of 9:00 a.m.
and 9:00 p.m.
(11)
A property survey of the lot(s) to be prepared by a New Jersey licensed
professional engineer or surveyor. A hand-drawn sketch plat may be
substituted in lieu of a survey plat as determined by the Zoning Officer.
The purpose of the survey plat and or sketch plat is to determine
if the proposed use of the property location is sufficient for the
intended purpose of conducting seasonal sales. The following information
must be set forth on the survey and/or sketch plat submitted:
(12)
Location of curb cut access to indicate proper ingress and egress
to the site to evaluate and prevent traffic hazards, congestion or
excessive interference with normal traffic movements on adjacent public
streets.
(13)
Location of temporary signs in accordance with regulations set forth
in the Zoning Code of the Borough of Clayton.[1]
(a)
No temporary sign advertising the seasonal sales activity shall
be placed on any tree, telegraph, electric, light or public utility
pole or upon rocks or other natural features located within the public
right-of-way. All temporary signs shall be located on the site.
(b)
No more than four temporary signs shall be erected. Temporary
signs shall not exceed six square feet in area nor exceed four feet
in height.
(c)
Temporary signs may not be erected prior to 48 hours of the
designated seasonal sales activity and must be removed within 48 hours
after the time period stated and licensed for conducting a seasonal
sales activity.
(d)
No sign shall be erected that is of such character, form, shape
or color that it imitates or resembles any official traffic sign,
signal or device, or that has any characteristics which are likely
to confuse or dangerously distract the attention of the operator of
a motor vehicle on a public street.
(e)
Temporary signs shall be kept in a proper state of repair, in
accordance with the requirements of the Borough's Building Code,[2] Property Maintenance Code[3] and other pertinent regulations. Signs which fall into
such a state of disrepair as to become unsightly or to pose a threat
to public safety may be removed by the Borough at the owner's expense
upon proper notification by the Borough.
(f)
No temporary sign shall be erected within or project over the
right-of-way of any public street or sidewalk. No temporary signs
placed on the site shall be located in such a fashion which would
affect the site visibility of the motoring public as determined by
the Chief of Police or his designee.
(14)
The applicant shall submit with his application a statement as to
how the site shall be maintained during the designated time period,
as well as a statement indicating how trash, refuse and other materials
will be disposed of other than through normal solid waste collection
services provided by the Borough of Clayton. All debris, materials,
trash, etc., must be removed from the site within 48 hours following
the expiration of the seasonal license issued by the Borough of Clayton.
(15)
A certification from the Clayton Borough Tax Collector that all taxes
have been paid and are current.
B.
Any nonprofit organization is required under this section of this
article to comply with the application provisions as set forth in
processing a license and registration of those individuals employed
by the organization to conduct seasonal sales activities.
A.
Upon receipt of such application, the original shall be referred
to the Chief of Police who shall cause to be made such investigation
of the applicant's business and moral character as he deems necessary
for the protection of the public welfare.
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 application to the Borough Clerk, who
shall notify the applicant that his application is disapproved.
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 his approval on the application, returning the application
to the Borough Clerk, who shall, upon payment of the prescribed license
fee, execute and deliver to the applicant his license. The Clerk shall
keep a record of all licenses issued and all complaints received,
if any, concerning each license.
D.
The license issued hereunder shall be in the form of a badge and
receipt for payment of the fee as set forth hereinafter.
[Amended 6-14-2018 by Ord. No. 12-2018]
A.
Registration fee. Any applicant for a peddler, hawker, vendor, solicitor,
canvasser and seasonal sales vendor license shall be required to pay
a an application fee of $25, with the exception of exempt organizations,
to cover the cost of processing the application and investigation
of the facts stated therein for a license, as well as each individual
to be registered and employed by the organization (profit or nonprofit)
and/or business.
[Amended 5-10-2018 by Ord. No. 9-2018]
B.
License fee. The fee to be paid by each applicant upon the issuance
of each license shall be as follows:
[Amended 5-10-2018 by Ord. No. 9-2018]
(1)
For a daily license: $20 per day.
(2)
For a weekly license: $100 per week, and for the purpose of this
article, a week shall constitute any six consecutive days, excluding
Sundays.
(3)
For a yearly license: $750 per year, and for the purpose of this
article, all yearly licenses shall expire at the end of the calendar
year in which they are issued.
(4)
For a seasonal license: $250 per seasonal activity.
C.
No registration or license fee shall be required from any charitable
or religious nonprofit organization which services the Borough of
Clayton and which is exempt from the payment of taxes under the regulations
of the Internal Revenue Service.
All licenses issued must be worn in such a manner as to be readily
visible when engaged in the activities regulated herein.
Licenses shall not be transferable and must be surrendered after
expiration, before a renewal license can be issued.
A.
Licenses issued under this article may be revoked by the Chief of
Police after reasonable notice and hearing, for any of the following
causes:
(1)
Misrepresentation or false statement contained in the application
for the license.
(2)
Misrepresentation or false statement made in the course of carrying
on activities regulated herein.
(3)
Conviction of any crime or misdemeanor involving moral turpitude.
(4)
Conducting the business of soliciting and canvassing in an unlawful
manner, in violation of this article, or in such 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 hearing for revocation of a license shall be given in writing setting forth the grounds of complaint and the time and place of hearing. Such notice shall be served personally upon the licensee or mailed, postage prepaid, to the licensee at the address given by the licensee in making application under § 69-6 or 69-7 herein, at least five days prior to the date set for said hearing.
[Amended 5-10-2018 by Ord. No. 9-2018]
Any person aggrieved by the action of the Chief of Police or the Borough Clerk in the denial of an application for a license as provided in § 69-8 of this article, or in the decision with reference to the revocation of a license as provided in § 69-12 of this article, shall have the right of appeal to the Borough Council of the Borough of Clayton. 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 appellant in the same manner as provided in § 69-12 of this article for notice of hearing on revocation. The decision and order of the Borough Council on such appeal shall be final and conclusive.
It shall be the duty of any police officer of the Borough of
Clayton to enforce the provisions of this article and to require any
person seen peddling, hawking, soliciting, canvassing or conducting
seasonal sales, and who is not known by such officer to be duly licensed,
to produce his license as required by this article.
The equipment used or employed by peddlers, hawkers and vendors
of ice cream, foods, beverages, confections and other related commodities
shall be maintained in a clean and sanitary manner and be subject
to inspection by the Board of Health and shall fully comply with the
laws of the State of New Jersey, the rules and regulations of the
State Department of Health, the ordinances of the Borough of Clayton
and the rules and regulations of the Board of Health.[1]
A.
This article shall not be construed to include the selling of any
article at wholesale to dealers in such articles or the delivery of
milk, eggs, bread, newspaper or other such necessary and perishable
articles of food or merchandise of a type commonly delivered on a
house-to-house basis at intervals of less than one week.
B.
Any veteran who holds a special license issued under the laws of
the State of New Jersey shall be exempt from securing a license or
paying the fee as provided herein but shall be required to comply
with all other applicable sections of this article and shall be required
to register with the Borough Clerk and obtain a permit which will
be issued by the Clerk upon proper identification and exhibition of
such state license.
[Adopted 9-28-2000 by Ord. No. 13-00]
Pursuant to N.J.S.A. 45:17A-20, "charitable organization" is
to be defined as:
A.
Any person determined by the Federal Internal Revenue Service to
be a tax exempt organization pursuant to Section 501(c)(3) of the
Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3); or
B.
Any person who is, or holds himself out to be, established for any
benevolent, philanthropic, humane, social welfare, public health,
or other eleemosynary purpose, or for the benefit of law enforcement
personnel, firefighters or other persons who protect the public safety,
or any person who in any manner employs a charitable appeal as the
basis of any solicitation, or any appeal which has a tendency to suggest
there is a charitable purpose to any such solicitation.
All roadways solicitation, referred to as a "coin drop" or "coin
toss," is to be conducted solely at intersections regulated by traffic
signals and bridge openings. The coin drop or toss shall only be conducted
during daylight hours.
All charitable organizations wishing to conduct a coin drop
or coin toss must first file an application with the required information
and receive approval from the Borough Council for such activity before
the event is conducted. No permit fee is required. Only one application
is necessary per year for each charitable organization which will
cover all coin drops and tosses for that year, provided that the organization
sets forth the dates and the places at which the coin toss/drop is
to be conducted. The application shall be on a form prepared by the
Borough and shall include information on each of the following:
A.
Name, address, telephone number and responsible person for the charitable
organization.
B.
Location, exact dates and proposed times for the coin toss/drop.
The location shall include a description of the roadway to demonstrate
that the coin toss/drop is being conducted at a traffic signal or
bridge opening as required by law.
C.
Certification that the applicant meets the definition of permitted
charitable organizations described above.
D.
List of names and ages of those persons who will be participating
in the coin drop/toss for the applicant. No person under the age of
18 shall be allowed on the highway.
E.
Signature of the Police Chief or his authorized representatives in
charge of traffic regulation.
F.
Certification that the applicant has applied for and/or received
approval from the County of Gloucester and/or the State of New Jersey
if the coin toss/drop will be conducted along county and/or state
roadways. A copy of the approving document from the applicable county
or state agency allowing the coin drop/toss along the county/state
roadway must be provided to the Borough before the day on which the
coin drop/toss is to take place.
G.
Certification that the applicant will place four-foot-by-four-foot
advance signs warning of the upcoming coin drop/toss activity, including
a reference to the name of the applicant, that no cones will be placed
upon the roadway, that the applicant and its agents will not stop
traffic or impede its movement and that the applicant will be responsible
to clean any debris and leave the roadway in its original condition.
The Chief of Police or his authorized representative in charge
of traffic regulation must review the application to determine whether
it complies with this article and the applicable regulations referenced
herein.
If the coin toss or coin drop involves a Gloucester County and/or
New Jersey State-owned road, the charitable organization must also
obtain written approval from the applicable county or state agency
responsible for such roadway approving the coin drop/toss activity
for the proposed dates on which the activity is proposed to be conducted.
The charitable organization conducting the coin drop or coin
toss must place advance signs measuring four feet by four feet warning
traffic of the upcoming activity. The signs must include the name
of the charitable organization. There shall be no cones placed upon
the roadway by the charitable organization during the coin drop or
coin toss. The charitable organization shall not place a flagman at
the coin toss or coin drop.
While conducting the coin toss or coin drop, the members of
the charitable organization shall not stop traffic or impede its movement.
No persons under the age of 18 years of age shall be permitted
on the highway.
The charitable organization is responsible to clean any debris
from the roadway and the area adjoining the roadway and to leave the
area in its original condition immediately prior to the activity.
Any person, entity or corporation who or which violates any
provision of this article shall, upon conviction thereof, be punishable
by one or more of the following: imprisonment in the county jail or
any place provided by the municipality for the detention of prisoners
for a term up to but not exceeding 90 days or by a fine of not less
than $50 and not more than $2,000 or by a period of community service
up to but not exceeding 90 days, or any combination of the above.
