[HISTORY: Adopted by the Mayor and Council of the Borough of Folsom as indicated in article histories. Amendments noted where applicable.]
Article I Peddlers, Hawkers, Hucksters and Itinerant Merchants
Article II Charitable Organizations Soliciting on Roadways
[Adopted 11-17-1994 by Ord. No. 254]
It shall be unlawful for any person to engage in the business of peddling, huckstering or hawking, as defined, within the corporate limits of the Borough of Folsom, without first obtaining a license therefor as provided herein.
As used in this article, the following terms shall have the meanings indicated:
- Includes any entity or person, whether a resident of the Borough of Folsom or not, traveling by foot, wagon, curbside, in an 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, merchandise, meats, fish, vegetables, fruits, goods, ice cream, fruit ices, soda, water, garden-farm products or provisions, offering and exposing the same for sale, or making sales and/or delivering articles to purchasers. The word "peddler" shall also include the words "hawker," "huckster" and "itinerant merchant.”
- A. The word "peddler" where such refers to an employing entity licensed under this article, whether such be an individual, proprietorship, partnership, corporation or other form of business association, shall refer only to the employing entity; and all employees of such a duly licensed entity, and all individual peddlers, hucksters or hawkers and their vehicles, shall have to secure individual licenses while they are working for said employing entity.
- B. The word "peddler," as used herein, shall not be interpreted to include newsboys or newsmen handling the circulation, sale and delivery of regularly published newspaper; or recognized civic, charitable, religious or fraternal organizations where the benefits from the sales by said organizations are dedicated to charitable, religious, fraternal or civic purposes.
- Includes the singular and plural, and shall also mean and include any person, firm or corporation, association, club, copartnership or society or any other organization.
Nothing in this article shall be interpreted to apply to merchants having bona fide permanently established places of business within the Borough of Folsom, and persons vending fruit, produce and flowers raised, grown and produced on farms owned by them within the Borough of Folsom, provided that said persons, before vending such fruit, produce and flowers, first notify the Borough Clerk/Municipal Administrator of their intention to do so and certify in writing to the Borough Clerk/Municipal Administrator that such fruit, produce and flowers were in fact raised, grown and produced on their own farm or greenhouse.
Veterans of the United States and all other persons exempt from the payment of the fees set forth herein by the laws either federal statute or the laws of the State of New Jersey shall be exempt from the provisions of this article, but shall in all other respects comply with the provisions of this article. Any employees of said veteran shall obtain said license.
Nothing in this article shall prohibit a homeowner from having a yard sale of the homeowner's personal belongings.
Nothing in this article shall prohibit a volunteer association or nonprofit corporation situate within the Borough of Folsom from selling items to raise funds for said organizations.
Applicants for licenses under this article must file with the Borough of Folsom a sworn application in writing, in duplicate, on the form to be furnished by the Borough of Folsom Clerk/Municipal Administrator, which shall give the following information:
Name and description of applicant.
Permanent home address and full local address of applicant.
A brief description of the nature of the business and the goods to be sold.
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
The length of time for which the right to do business is desired.
If a vehicle is to be used, a description of the same, together with license number or other means of identification.
A photograph of the applicant taken within 60 days immediately prior to the date of filing of the application, which picture shall be two inches by three inches, showing the head and shoulders of the applicant in a clear and distinguished manner.
Production of a certificate of insurance naming the Borough of Folsom as an additional insured.
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 inflicted therefor.
Sales tax certificate.
The fees for all peddlers' licenses shall be as follows:
For any annual license dating through December 31 immediately following its issuance, the applicant shall pay $250 per year license fee.
Where the applicant desires less than a yearly license, they may apply for a monthly license through the payment of a fee of $150 per month.
Additional months the license fee shall be $75 per month on the condition that said months run consecutive to each other. The monthly license entitles the peddler to a thirty-day license.
A six-month license shall be available for a licensing fee of $200.
There shall be no daily or weekly licenses.
The applicant and/or peddler who obtains the license shall display the said license obtained from the municipality at all times visible to purchasers or employees of the Borough of Folsom who have enforcement rights.
No portion of said fees shall be prorated for any part of the periods for which said license is issued. Every annual license shall terminate on December 31 of the year in which it is issued, and may be renewed under the same terms and conditions for additional one-year periods on or before the expiration thereof.
No peddler, hawker or huckster shall peddle or attempt to peddle his wares within 1,000 feet of any public school building between the hours of 8:00 a.m. and 3:00 p.m. during any school day.
No peddler shall have an exclusive right to any location in any public street. The New Jersey State Police, Atlantic County Sheriff's Department, or the Construction Code Official of the Borough of Folsom shall have the right to forbid at their discretion any licensed peddler, hawker or huckster from operating in any area where there are traffic hazards, unusual congestion or any other condition which would cause his or her operations to impede or inconvenience the public or to jeopardize law enforcement in said area. No peddler, hawker or huckster shall set up his or her display within 50 feet of the curbline of any major controlled intersection being a state highway or county roadway. The said 50 feet shall be considered a setback off of the curbline for purposes of setting up any wares to be sold.
No peddler, hawker or huckster shall peddle his or her wares within 10 feet from the curbline or edge of the road pavement on a Borough street which shall be considered the setback thereof.
No peddler, hawker or huckster shall peddle or attempt to peddle his or her wares within 10 feet from the end of pavement on any state or county roadway where a curbline shall end or a curbline does not exist.
No person, whether licensed or not, shall sell, offer for sale, hawk or peddle in the Borough of Folsom before 9:00 a.m. or after 9:00 p.m.
The Municipal Court Administrator shall report to the Borough Clerk/Municipal Administrator all convictions for violation of this article, and the Borough Clerk/Municipal Administrator shall maintain a record for each license issued and record the report of violations therein.
Licenses issued under the provision of this article may be revoked by the Mayor and Common Council of the Borough of Folsom after hearing of notices for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for the license.
Fraud, misrepresentation or false statement made in the course of carrying on his business as a peddler.
Any violation of this article.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a menace to the health, safety of general welfare of the public.
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the 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 set for hearing.
The licensee shall have a full right to produce at said hearing such evidence as he sees fit in support of his position and to confront and cross-examine all witnesses produced against him. The decision of Mayor and Council after said hearing shall be final.
Any person, firm or corporation violating any provision of this article shall, upon conviction, be subject to a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.
[Adopted 9-10-1998 by Ord. No. 279]
Charitable organizations as defined at N.J.S.A. 45:17A-20 are hereby authorized to solicit contributions through the use of coin drops upon the Borough's roadways in accordance with the terms of N.J.S.A. 39:4-60 and this article.
A charitable organization wishing to conduct a coin drop to solicit contributions shall make application for that purpose to the Borough Council, identifying the proposed date and location of such coin drop. In determining applications to conduct coin drops, the Borough Council shall impose such restrictions or conditions as it determines are reasonably necessary and advisable to protect the public safety and the safety of those conducting the coin drop.
Nothing contained herein shall authorize a charitable organization to solicit on any county highway or intersection of a county highway without the approval of the Atlantic County Board of Chosen Freeholders, nor shall anything contained herein authorize a charitable organization to solicit on any state highway or intersection of a state highway without the approval of the New Jersey Commissioner of Transportation, as set forth in N.J.S.A. 39:4-60.
Any person who shall violate any provision of this article, or any requirement imposed by Borough Council as a condition of approval of a coin drop, shall be adjudged a disorderly person and subject to penalties therefor in the Folsom Municipal Court. Any person who shall violate any of the provisions of this article shall pay, upon conviction, a penalty not to exceed $100.