[Adopted 5-28-1956 by Ord. No. 8-1956;
amended in its entirety 4-16-2015 by Ord. No. 2015-17]
A.
No person shall hawk, peddle or vend ice cream or ice cream products
of any nature or description on the public beaches in and along the
oceanfront of the City of Ventnor City, except that a person qualifying
under the provision of N.J.S.A. 45:24-9 et seq., and as hereinafter
set forth, may hawk, peddle or vend ice cream on the public beaches
after such person shall have obtained a license or permit from the
Ventnor City Clerk as hereinafter provided.
B.
No person shall hawk, peddle or vend food, beverages, confections,
goods, wares, merchandise or commodities of any nature or description
on any City-owned property or the public beaches in and along the
oceanfront of the City of Ventnor City until after such person shall
have obtained a license or permit from the Ventnor City Clerk as hereinafter
provided.
A.
No hawker, peddler or vendor to whom a license certificate shall
be issued under this article shall use any sound device to attract
the attention of prospective purchasers, nor shall he cry out his
product for sale in a loud or offensive manner.
B.
No hawker, peddler or vendor, or any other person, to whom a license
is granted under this article shall distribute, sell, give away or
pass out any circulars, pamphlets, coupons, amusement tickets or any
other tickets, admittances or any item or thing of similar nature,
nor any toys, souvenirs or gimmick of any description whatsoever,
to the public on or near the beach.
C.
No hawker, peddler or vendor, or any other person, to whom a license
is granted under this article shall erect a sign, carry a sign, hang
a flag, or pitch a tent to attract the attention of prospective purchases.
This pertains to all licensees on public beaches.
[Added 3-28-2019 by Ord.
No. 2019-04]
No person who is properly licensed hereunder shall hawk, peddle
or vend any item on City-owned property or the public beaches in and
along the oceanfront in Ventnor City utilizing any means of conveyance
for the transportation or carrying of said products, except by utilization
of a container, box or carrier to be carried by the licensee with
the use of a permanent affixed shoulder strap, or the use of a hand-pulled
or pushed cart or wagon, the base of which shall not exceed nine square
feet and the height of which shall not exceed four feet, inclusive
of wheel height. The use of any other means of conveyance, including
but not limited to vehicles and motorized vehicles or any other motorized
apparatus equipment, shall be strictly prohibited.
No person shall aid or abet any licensee in the business of
hawking, peddling or vending in violation of the terms of this article.
[Amended 3-28-2019 by Ord. No. 2019-04]
Before any license is granted, the applicant shall make application
therefor in writing, under oath, on a form provided by the City Clerk.
Said application shall be in duplicate; the original shall remain
on file in said Clerk's office; and the copy thereof shall remain
on file in the Police Department. Veterans are given priority. Said
application shall state:
A.
Full name of the applicant.
B.
Applicant's residence.
C.
All places where the applicant has resided for the three years preceding
the date of application.
D.
Whether the applicant intends to sell, peddle or vend for himself/herself
or is employed by some other person and, if the latter, the name and
address of such employer.
E.
Whether such applicant has ever been convicted of a sex offense,
whether such applicant is registered on any sex offender registry
in the United States, or whether such applicant is currently on probation
or parole. If so, the applicant shall provide the name of the court
in which said conviction took place as well as the date of said conviction.
F.
The place and period where and when the applicant has previously
engaged in hawking, peddling or vending.
G.
A statement of the type or kind of item that the applicant intends
to sell.
H.
Each applicant shall furnish a photograph taken within one year of
the date of application, two inches by three inches in size, acceptable
to the licensing officer, which photograph shall be securely attached
to the license, if issued.
I.
The applicant shall submit a full set of fingerprints with his application.
J.
The applicant shall state whether he/she has a hawker's, peddler's
or vendor's license issued by the County Clerk pursuant to the provisions
of N.J.S.A. 45:24-9 et seq., the date of its issue and whether it
is still in force.
K.
Whether the applicant has previously been granted a license by Ventnor
under this article and whether any such license has ever been suspended
or revoked. If yes, the applicant shall state the date of licensing,
date of revocation or suspension, and the reasons therefor.
[Amended 3-28-2019 by Ord. No. 2019-04]
The City Clerk shall cause each application to be investigated
before issuing a license, and he/she is hereby vested with the sole
discretion as to granting or denying applications for licenses in
accordance with the standards, rules and conditions herein set forth,
all of which are designed solely to protect the public health, safety
and general welfare. Said investigation such as fingerprinting or
background checks will be at the expense of the applicant.
A.
No license shall be issued for the hawking, peddling or vending of
ice cream or ice cream products unless the City Clerk is satisfied
that the applicant has met all conditions set forth herein, that applicant
has not been convicted of a sex offense, is not registered on any
sex offender registry, and is not currently on probation or parole,
is free from any infectious or contagious disease, as evidenced by
the certificate of a physician licensed to practice medicine in the
State of New Jersey, which certificate shall have been made within
one week of the date of the application, and that the applicant is
the holder of a valid subsisting hawker's and peddler's license issued
by the County Clerk pursuant to N.J.S.A. 45:24-9 et seq.
B.
No license shall be issued for the hawking, peddling or vending of food, beverages, confections, goods, wares, merchandise or commodities of any nature or description unless the City Clerk is satisfied that the applicant has met all conditions set forth herein, that applicant has not been convicted of a sex offense, is not registered on any sex offender registry, and is not currently on probation or parole, is free from any infectious or contagious disease, as evidenced by the certificate of a physician licensed to practice medicine in the State of New Jersey, which certificate shall have been made within one week of the date of the application, and that the applicant is applying for a license to vend, peddle or hawk during a special event, for which a permit has already been issued by the City of Ventnor City pursuant to Chapter 193, Special Events, of this Code.
A.
All licenses for the hawking, peddling and vending of ice cream or ice cream products issued pursuant to § 173-6A of this article shall be from the date of the adoption and final passage of this article and until October 15, 1956, and thereafter said licenses shall be for a period from May 15 to October 15 of said year. Any licenses issued hereunder shall not be transferable.
B.
All licenses for the hawking, peddling or vending of food, beverages, confections, goods, wares, merchandise or commodities of any nature or description issued pursuant to § 173-6B of this article shall be valid for the dates specified thereon and shall not exceed three days. The license shall specifically relate to a special event for which a permit has been issued pursuant to Chapter 193, Special Events, of this Code. The license shall only be valid for the location where the special event is to be held during the hours of operation of the special event. Any licenses issued hereunder shall not be transferable.
C.
Term of license for Ventnor City Fishing Pier or City-designated
sections of the boardwalk may exceed three days.
[Added 3-28-2019 by Ord.
No. 2019-04]
[Amended 3-28-2019 by Ord. No. 2019-04; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
The fee for such license shall be in the amount set forth in Chapter 114, Fee Schedule.
[Amended 3-28-2019 by Ord. No. 2019-04; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Every licensee shall wear and prominently display, while engaged in hawking, peddling or vending, a badge consisting of picture identification, issued by the City of Ventnor upon the granting of the license, for which the licensee shall deposit the sum in the amount set forth in Chapter 114, Fee Schedule, which deposit will be returned to licensee upon the surrendering thereof, provided that in the event that said badge is not surrendered on or before December 31 of the year in which the same is issued and commencing with the year 1950 and each year thereafter, then said deposit shall be forfeited and shall become the property of the City of Ventnor City.
Every licensee shall have prominently displayed on the container
or carrier of the ware the price to be charged for each of said products,
and licensee shall not charge more therefor than the price displayed.
[Amended 3-28-2019 by Ord. No. 2019-04]
The clothing worn by and the equipment used by licensees shall
at all times be clean and sanitary, shall be subject to inspection
by the Atlantic County Board of Health and City Municipal Clerk, and
shall fully comply with all ordinances, rules and regulations of Ventnor
City and of the Atlantic County Board of Health. Should the City of
Ventnor provide City-issued clothing, all licensees will be required
to wear the City-issued clothing while engaged in hawking, peddling
or vending.
[Amended 3-28-2019 by Ord. No. 2019-04]
The storage and distribution places of all ice cream, ice cream
products, food and beverages sold by licensees shall be maintained
in a clean and sanitary condition, shall be subject to inspection
by the Atlantic County Board of Health and City of Ventnor City and
shall fully comply with all ordinances, rules and regulations of Ventnor
City and of the Atlantic County Board of Health.
The City Clerk may, upon his/her own motion or upon complaint
in writing of any person, investigate the conduct of any licensee
and, after a hearing duly held on notice to the licensee, have the
authority to suspend for the unexpired portion of the license period
or for a less period or to revoke any license where the licensee,
in attempting to exercise the privilege of the license, shall be guilty
of any of the following:
A.
Disorderly conduct while in the course of hawking, peddling or vending.
B.
Any conduct which demonstrates dishonesty or moral turpitude.
C.
Making any false statement on the application for said license.
D.
Violating any of the provisions of this article.
E.
Knowingly selling products from a disapproved place.
[Amended 3-28-2019 by Ord. No. 2019-04]
The City Clerk, when, in his/her judgment, he/she deems the
offense of the licensee to be detrimental to public health, safety
or welfare, may summarily suspend the license therefor granted; provided,
however, that the City Clerk grants a hearing to said licensee within
15 days after the suspension of said license. During the suspension
period, the licensee shall not exercise any of the privileges granted
by said license. The City Business Administrator shall serve as the
hearing officer for any such hearing. The City has the right not to
issue a license in the following year or years to any applicant who
had license suspended or revoked previously.
No person shall hawk, peddle or vend any ice cream, ice cream products, food, beverages, confections, goods, wares, merchandise or commodities of any nature or description, nor shall any person solicit trade, upon the public Boardwalk in the City of Ventnor City, or upon any of the approaches thereto, except as permitted by a license issued pursuant to § 173-6B.
It shall be unlawful for any person to hawk, peddle or vend
alcoholic beverages or tobacco products on the public beaches or Boardwalk
in and along the oceanfront of the City of Ventnor City.
A.
The number of hawker's, peddler's and vendor's licenses issued pursuant to § 173-6A shall not exceed 10, which number is deemed adequate to meet the public need, is capable of supervision and prevents the creation of a public nuisance on the beaches of the municipality and the consequent hazards to the health, safety and welfare of persons using said beaches for health and recreation. However, no one who held a license in 2018 will be denied a license in 2019 up to 16 total licenses, provided they meet all the requirements stated within. Licenses will continue to be granted for up to 16 licenses in total for all licensees who held a license in 2018 until there is a lapse year. Once a lapse occurs, the total number of licenses to be awarded will decrease until the maximum number of licenses allowed equal 10.
[Amended 3-28-2019 by Ord. No. 2019-04]
[Amended 3-28-2019 by Ord. No. 2019-04; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Any person violating any of the provisions of this article shall,
upon conviction thereof in the Municipal Court of Ventnor City, be
punished by a fine not to exceed $1,000 or by a term not exceeding
90 days in the county jail, or both. In addition to or as a substitute
for the previously mentioned fine, the imposition of community service
shall be authorized as an additional penalty, which community service
shall not exceed 90 days.
