[HISTORY: Adopted by the Township Council of the Township of Lower
by Ord. No. 78-120 (Sec. 4-7 of the 1975 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A person who goes from place to place or from house to house by traveling
on the public streets by vehicle and carries with him, whether with or without
other products, ice cream, ice cream products, water ices, or frozen confectionery
products of any kind or character, for the purposes of selling or offering
them to customers from such vehicle.
[Amended by Ord. No. 81-4]
A.
Any person, firm or corporation desiring to engage in the business mentioned in § 386-1 above shall apply to the Township Clerk in writing on forms supplied by the Township for the purpose and verified by the applicant.
(1)
The application, accompanied by the license fee hereinafter
fixed, shall set forth:
(a)
Name and address of the applicant.
(b)
Name and address of the owner of the vehicle as registered
with the Motor Vehicle Department.
(c)
Description of the vehicle to be licensed, giving the
name of the manufacturer, serial number, motor number and name of the owner
or operator, with any other insignia appearing thereon.
(d)
Date of purchase of vehicle and name and address of person
from whom acquired.
(e)
If applicant is not the owner, state what interest the
applicant has in ownership or operation of the vehicle.
(f)
The interest, if any, in the vehicle sought to be licensed to engage in the business defined in § 386-1 hereof of any person, firm or corporation, other than the applicant, and the address of such person, firm or corporation.
(g)
Names and addresses of the person, firm or corporation
from whom ice cream, ice cream products, water ices or such frozen confectionery
products have been or will be purchased.
(h)
Three business references.
(i)
All permanent home addresses of the applicant within
the last three years.
(j)
Names and addresses of salesmen or operators to be upon
the vehicle.
(k)
A statement as to whether the applicant has been convicted
of any crime or the violation of any municipal ordinance, other than traffic
offenses, and, if so, the date and place of conviction, the nature of the
offense and the punishment or penalty imposed.
(l)
If the applicant is a corporation, the name and address
of its registered agent, and the name and address of each and every stockholder
holding more than 5% of the stock in the corporation.
(2)
The applicant shall be fingerprinted when making an initial
application and thereafter if the Chief of Police determines that additional
fingerprints are necessary for proper identification. The fingerprint records
shall be immediately processed for classification and identification.
(3)
Where the applicant is a partnership, firm or corporation,
all subsections hereof shall be applicable to each officer, director or holder
of 5% of the issued stock of the corporation and all members of the partnership
or firm.
B.
Anyone desiring a license as a salesman upon or from any vehicle under this chapter, including an applicant under Subsection A of this section, shall apply in writing to the Township Clerk on forms supplied by the Township and verified by the applicant. Every application shall be accompanied by the prescribed license fee and a permit previously secured from the Board of Health of the Township or its Health Officer for sale or distribution of milk or ice cream products thereof, and two recent photographs (not less than two inches by two inches in size) of the applicant.
(1)
The salesman's application, accompanied by the license
fee hereinafter fixed, shall set forth:
(a)
Name and address of the applicant.
(b)
All permanent home addresses of the applicant within
the last three years.
(c)
A statement as to whether the applicant has been convicted
of any crime or the violation of any municipal ordinance, other than traffic
offenses, and, if so, the date and place of conviction, the nature of the
offense and the punishment or penalty imposed.
(d)
Whether or not the applicant is the holder of a license
under N.J.S.A. 45:24-9 et seq.; if so, the license number, date of issue,
name of county where issued and whether it is still in force and effect.
(e)
The name and address of the applicant's employer.
(2)
The applicant shall be fingerprinted when making his
initial application and thereafter if the Chief of Police determines that
additional fingerprints are necessary for proper identification. The fingerprint
records shall be immediately processed for classification and identification.
(3)
The applicant shall present proof of insurance insuring
the applicant and any operator of the motor vehicle involved in applicant's
business against liability in amounts of no less than $100,000 — $300,000
and $50,000 property damage. A copy of the insurance policy shall be made
and filed with the Clerk of the Township of Lower.
C.
Any change in any of the statements contained in any
application referred to in this section shall be communicated to the Township
Clerk within 10 days of the happening of such change.
Each application shall be referred to the Chief of Police or his designee,
who shall immediately institute whatever investigation of the applicant's
business responsibility and moral character, in the case of owner, and of
moral character only, in the case of a salesman, as is considered necessary
for the protection of the public. The findings of the Chief of Police or his
designee shall be communicated in writing, together with any recommendations
which he may have, to the Township Committee within a reasonable time after
the application has been filed. The Township Committee shall consider the
application at its next regular meeting after receiving a report of the investigation.
If, based upon the information contained in the application and the report,
there is no adverse showing with respect to the applicant's business responsibility
and moral character and that the products, services or activity are free from
fraud, in the case of an owner, or that there is no indication that the applicant's
moral character is unsatisfactory, in the case of a salesman, the Township Committee
shall approve the application and the Township Clerk shall then issue the
license immediately, provided that the required license fees have been paid,
and further provided that there are authorized, but unissued, licenses of
the type applied for then available. If the Township Committee is unable to
determine that the applicant is qualified as hereinabove indicated, then it
shall forthwith transmit notice to that effect to the applicant, which notice
shall establish a date for a hearing to be held not more than 10 days from
the date of such notice, at which time the applicant shall have the right
to be represented by counsel, call witnesses on his, her or its behalf and
cross examine witnesses produced in opposition to his application, and the
applicant shall have such other rights as are necessary in order to ensure
due process. If, after considering the application, the report and the evidence
adduced at the hearing, the Committee determines that the applicant is not
qualified, then the license applied for shall be denied. If the Township Committee
determines, following the hearing, that the applicant is qualified, then it
shall approve the application and the Township Clerk shall then issue the
license immediately, provided that the required license fees have been paid,
and further provided that there are authorized, but unissued, licenses of
the type applied for then available.
The number of licenses issued under this chapter to vehicles vending the products described in § 386-1 hereof shall be limited to a maximum of four, which number is deemed sufficient to meet the public need and prevent the creation of a hazard and nuisance on the public streets. No licensee shall retain custody of any license created hereunder, unless he owns and is prepared to operate a vehicle as described herein for each license which he holds.
A.
A license for a vehicle shall entitle the applicant named therein to engage in the business mentioned in § 386-1 hereof. Such license shall be transferable, upon proper application to the Township Committee. The Township Committee shall have the right to review the proposed application for transfer to determine the fitness of the applicant to hold the license. The Township Committee may, in its sole discretion, grant or reject any application for transfer.
B.
Upon the issuance of a license, the Township Clerk shall furnish
the vehicle licensee with a plate, badge or other evidence corresponding to
the number of the license and the year in which it is issued. The plate, badge
or other evidence shall be displayed at all times in a conspicuous part of
the licensed vehicle. Such evidence shall be exhibited on demand of any citizen,
any member of the Police Department or the Health Officer of the Township.
A.
Licenses issued pursuant to the provisions of this chapter shall
be good only for the calendar year in which issued and shall be effective
only from the date of issue each year. Any licensee applying for or obtaining
a license after the first of January in any year shall pay the license fee
for the full year. Any license, once issued, shall be renewed without further
investigation, provided that there have been no change in facts contained
in the last prior application submitted for such license, and further provided
that such license is not abandoned by the licensee. The license shall be conclusively
deemed to have been abandoned if an application for renewal, accompanied by
the requisite fee, is not received on or before the first day of January following
the expiration of such license.
B.
Notwithstanding the foregoing, the license of any salesman whose
employment has been terminated will expire upon cessation of employment, and
such license must be forthwith surrendered to the Township Clerk. No part
of the license fee will be returned. Should such salesman later resume employment
with the same or a different licensed employer in the same calendar year,
the license will be reissued upon application being filed. No investigation
will be required nor will any additional fee be charged.
[Amended by Ord. No. 83-9]
A.
The license fee to be imposed for this chapter, which
license fees are imposed for the purpose of raising revenue and regulating
the business hereinabove defined, in the interest of public health and welfare,
are as follows:
B.
Each person holding a validly issued and effective license
under the provisions of N.J.S.A. 45:24-9 et seq. applying for a salesman's
license shall receive the license applied for without fee, provided all other
provisions of this chapter are complied with.
[Amended by Ord. No. 85-30]
A.
It shall be unlawful to engage in the business of peddling
ice cream, ice cream products, water ices or frozen confectionery products
of any kind or character from vehicles in the Township without first obtaining
a license therefor pursuant to the provisions of this chapter.
B.
It shall be unlawful for anyone engaged in the business
of peddling ice cream, ice cream products, water ices or frozen confectionery
products from vehicles to misrepresent the character or the quality of the
merchandise offered for sale or to importune or otherwise annoy any person
or persons for the purpose of effecting a sale.
C.
All ice cream, ice cream products, water ices or such
frozen confectionery products which shall be sold or offered for sale from
such vehicle shall comply with all laws and local ordinances relating to food
and food products; and such vehicle and products shall be maintained at all
times in a clean and sanitary condition.
D.
All ice cream, ice cream products, water ices or frozen
confectionery products shall be sold or offered for sale only if wrapped in
cellophane, waxed paper or similar product, or in a sealed container; and
the filling of individual containers with ice cream products, water ices or
such frozen confectionery products in or from any such vehicle while on the
street or highway or any other public place is hereby prohibited unless such
product is and has been manufactured or compounded in the vehicle. No such
products shall be manufactured or compounded in such vehicle within 400 feet
of any occupied premises, unless products are presently in the process of
being sold or solicitation of such products is in progress from such vehicle.
It is the purpose of this clause to prevent and prohibit any such vehicle
from standing without trade or otherwise idle for a prolonged period of time
with motors running, while manufacturing products so near to any occupied
premises as to be the annoyance of the occupants thereof.
E.
It shall be unlawful for any person engaged in the business
of selling or offering to sell ice cream, ice cream products, water ices or
such frozen confectionery products to park any vehicle within the lines of
any public street, road or other public place for the purpose of engaging
in such business for a continuous period longer than 20 minutes within any
given hour. No such vehicle used for conducting the business aforesaid shall
be parked within 150 feet of any public or private school during school hours,
except from 12:00 noon to 1:00 p.m. It shall also be unlawful for any person
engaged in the business of selling these products to engage in said business
within 150 feet from the property line of any Township establishment selling
ice cream products.
F.
It shall be unlawful for any person engaged in the business
of selling or offering to sell ice cream products, water ices or such frozen
confectionery products to deposit or leave any paper wrappings, refuse or
other materials upon any street or sidewalk or public place; and every vehicle
engaged in selling such products shall be conspicuously equipped with a can
or other receptacle for the collection and disposal of the wrappings or containers
of the products vended therefrom.
G.
No licensee shall transact business from a vehicle unless
it is properly parked immediately adjacent to the curb of a public street
in a permitted locality, nor shall a licensee at any time double park his
vehicle while transacting business, nor transact business other than on the
curb side of his vehicle, in order to minimize congestion and so as not to
impede the free flow of pedestrian and vehicular traffic, no more than one
licensee will be permitted in any one "block" (which for this purpose is defined
as that area of street between two intersecting streets or between one intersecting
street and a dead end) at any one time.
H.
No licensee shall be permitted to transact business between
the hours of 11:00 p.m. and 8:00 a.m.
I.
All licensees and any vehicles used by them in the course
of the licensed activity shall fully comply with all of the provisions of
this chapter, all other applicable municipal ordinances and all applicable
state laws or regulations, particularly those which deal with the protection
of the public health, safety and welfare.
J.
The Township Committee, by resolution, may make rules
and regulations which interpret or amplify any provisions of this chapter
or for the purpose of administering the provisions of this chapter or making
them more effective, including but not limited to the right to reasonably
limit and regulate the area, days and time within which the licensees may
peddle or solicit by and under the provisions of this chapter. No regulation
shall be inconsistent with or alter or amend any provision of this chapter,
and no regulation shall impose any requirement which shall be in addition
to or greater than the requirements that are, expressly or by implication,
imposed by any provision of this chapter.
In addition to being subject to the penalties provided in §§ 386-10 and 386-11 of this chapter, any license issued under this chapter may be revoked or suspended by the Township Committee for any misstatement in any application or for any violation of this chapter. No license shall be revoked or suspended until the licensee has been afforded a hearing before the Township Committee, the procedure for which such hearing being the same as provided in § 386-3 hereof. Should any license be revoked or suspended, no part of the license fee shall be returned.
For the violation of any provision of this chapter, the maximum penalty,
upon conviction of the violation, shall be a fine not exceeding $500 or imprisonment
in the county jail for a period not exceeding 90 days, or both. In addition
thereto, upon such conviction, the person, firm or corporation violating any
of the provisions of this chapter shall be subject to suspension or revocation
of the license issued.
In addition to the other law enforcement agencies of the Township, the
Township Board of Health, or its authorized agents, are hereby empowered to
enforce the provisions of this chapter and to make complaints and cause arrests
for the violation of any of the terms and provisions hereof.
