Borough of Farmingdale, NJ
Monmouth County
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Table of Contents
Table of Contents
[1]
Editor's Note: Prior ordinance history includes portions of 1971 Code T.III, Ch. 11 §§ 1 - 10.
[Ord. No. 2009-08 § 4-1.1]
As used in this section:
APPLICANT
Shall mean a person or entity seeking to obtain a license for solicitation from the Borough of Farmingdale.
BOROUGH
Shall mean all the land, area and territory included and encompassed with the Borough lines of the Borough of Farmingdale.
CANVASSER or SOLICITOR
Shall mean a person who goes about from place to place, house to house, or a person or persons selling or undertaking to sell or taking orders for or undertaking to take orders for, any goods, wares, merchandise, or any article for future delivery or for services to be performed in the future or for the making, manufacturing or repairing of any article or thing whatsoever for future delivery, or for the solicitation of money for any purposes whatsoever.
GOODS, WARES, MERCHANDISE AND PERSONAL PROPERTY
Shall include but not be limited to food (including but not limited to ice cream, refreshments and farm products), magazines and periodicals, personal property, orders or contracts for a service, home improvement or alterations.
ITINERANT VENDOR
Shall mean any person who goes from place to place by traveling on the streets and roads or from house to house taking or attempting to take orders for the sale of goods, wares and merchandise or personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the object to be sold, and whether he is collecting advance payments on such sales; but shall not include wholesalers calling on retail merchants.
LICENSE
Shall mean a license for solicitation issued by the Borough of Farmingdale pursuant to the provisions of this section.
PEDDLER
Shall mean any person who goes from place to place by traveling on the streets and roads or from house to house carrying, conveying or transporting goods, wares, merchandise or personal property for the purpose of selling and delivering them to customers. The word "peddler" shall include the words "hawker," "huckster" and "canvasser" advertising for a commercial purpose.
PERSON
Shall mean any individual, firm, partnership, corporation, voluntary association, incorporated association, and any principal or agent thereof.
SOLICITATION
Shall mean to go in or upon the streets, roads and private property in the Borough of Farmingdale without having been invited to do so by the owner or occupant for the purpose of advertising, promoting or selling any products, goods or services or conducting market research or a market or opinion survey regarding commercial products or services. Solicitors shall include, but not be limited to, itinerant vendors, peddlers, hawkers and canvassers of commercial products or services. Solicitation shall include the placement upon private property or handbills or other written material advertising goods or services for sale. Solicitation shall also include the sale of goods or services which the solicitor promises to donate or deliver to a charitable or other nonprofit institution on behalf of the purchaser.
[Ord. No. 2009-08 § 4-1.2]
Except as otherwise provided in § 4-1.3 below, it shall be unlawful for any itinerant vendor, peddler or hawker to sell or dispose of or to offer to sell or dispose of any goods, wares and merchandise or personal property or to solicit orders for the performance of any service or to engage in commercial canvassing within the corporate limits of the Borough of Farmingdale without first obtaining a license in compliance with the provisions of this section. Such license shall not be transferable from the person to whom issued to any other person. A separate license shall be obtained by a licensed itinerant vendor, hawker or peddler for every agent or employee working for him.
[Ord. No. 2009-08 § 4-1.3]
Except as otherwise outlined within this section, the requirements of this section shall not apply to the following:
a. 
Any person honorably discharged from the military service who has a license under N.J.S.A. 45:24-9 et seq.
b. 
Any person who is an exempt firefighter of a volunteer fire department as defined by N.J.S.A. 45:24-9 and 45:24-10 possessing a license in conformity with said law.
c. 
Any duly organized or incorporated First Aid Squad and any member thereof, soliciting for and on behalf of the organization.
d. 
Any public utility or its employees, which said utility is subject to regulation by the State Board of Public Utility Commissioners; provided, however, that such employee shall display the identification badge or card issued by his employer.
e. 
Any individual engaged in the delivery of newspapers published in the State.
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 ordered the same or were entitled to receive the same by reason of a prior agreement.
g. 
Commercial travelers or selling agents calling upon commercial establishments in the usual course of business.
[Ord. No. 2009-08 § 4-1.4]
All applications for licenses shall be accompanied by the required fee and shall be made to or through the Borough Clerk upon forms provided. Applications shall contain the information specified by resolution of the Borough Council and may include the following along with any other information deemed necessary or specifically called for by ordinance:
a. 
Name and permanent and local address of the applicant. If the applicant is a corporation, the name and address of its registered agent.
b. 
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
c. 
If a vehicle is to be used, its description including the license number.
d. 
If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.
e. 
The days of the week and the hours of the day during which the licensed activity will be conducted.
f. 
A description of the nature of the business and the goods, property or services to be sold or supplied.
g. 
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.
h. 
Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his character and responsibility.
i. 
Applications by partnerships shall be signed by all partners with the information required by this subsection supplied in detail as to each partner, and applications of corporations shall have attached individual statements containing all of the information required by this subsection relating to each employee or agent who shall engage in the licensed activity, and shall be signed by each employee or agent. Applications by partnerships shall be signed by all partners with the information required by this subsection supplied in detail as to each partner, and applications of corporations shall have attached individual statements containing all of the information required by this subsection relating to each employee or agent who shall engage in the licensed activity, and shall be signed by each employee or agent.
j. 
If the applicant seeks a peddler's license, the applicant must submit a valid certificate of authority issued pursuant to N.J.S.A. 54:32B-8.2, empowering the vendor to collect sales tax.
[Ord. No. 2009-08 § 4-1.5; amended 10-15-2019 by Ord. No. 13-2019]
The license fee payable under this section can be found in § 2-58.1.1 and shall be paid at the time the application is submitted. The license fee is nonrefundable.
[Ord. No. 2009-08 § 4-1.6]
A license shall be issued by the Borough Clerk subject to the following terms and conditions:
a. 
The license issued shall not authorize any person except the designated person named in the license to engage in business thereunder for a period set forth in the license.
b. 
The license shall not be transferable.
c. 
Each license shall bear the date of its issuance, the effective dates of the license, and bear the signature of the Borough Clerk.
d. 
Every person holding a license under this section shall be required to carry the license with him while engaged in canvassing, hawking, peddling or soliciting within the Borough and are required to exhibit their license at the request of any citizen or law enforcement officer.
[Amended 10-15-2019 by Ord. No. 13-2019]
e. 
Solicitation shall take place within the Borough only from Monday through Saturday and between the hours of 10:00 a.m. and 6:00 p.m. or sundown (whichever is earlier).
[Amended 10-15-2019 by Ord. No. 13-2019]
[Ord. No. 2009-08 § 4-1.7]
a. 
Any license or permit issued by the Borough Clerk may be revoked or suspended by the Borough Council after notice and a hearing for any of the following causes:
1. 
Fraud or misrepresentation in any application for a permit or license.
2. 
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
3. 
A violation of any provision of the Code of the Borough of Farmingdale.
4. 
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.
5. 
Conduct of the licensed activity whether by the licensee himself or his agents or employees in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.
b. 
The suspension shall become effective by the mailing of a notice to the address appearing on the application and shall state that opportunity for a hearing will be given at a time within 10 days from the date of notice, before the Mayor and Council of the Borough who, upon a finding of such a violation, may revoke the license. Failure of the licensee to appear shall result in automatic revocation of the license.
c. 
Whenever a license has been issued immediately upon an application, pending the results of the investigation provided for by this section, such license may be summarily revoked if the result of the investigation is such as would have resulted in denial of the application.
d. 
Notice of a hearing for the revocation of a license or permit shall be given in writing by the Borough Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at his last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
e. 
At the hearing the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. If a record is made and a copy is requested by the licensee, the licensee shall provide a copy to the Borough without charge. The Borough Council shall revoke or suspend the license if it is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.
f. 
The Borough Council may issue another license to a person whose license has been revoked or denied as provided in this section if after hearing it is satisfied by clear and convincing evidence that the acts which led to the revocation or denial will not occur again; otherwise, no person whose license has been revoked or denied, nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.
g. 
The Borough Council may by resolution make rules and regulations which interpret or amplify any provision of this section or for the purpose of administering the provisions of this section or making them more effective. No regulation shall be inconsistent with or alter or amend any provision of this section, and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this section.
h. 
Whenever application is made for issuance, renewal or approval of any license or permit, whether under this section or any other provision of the Code of the Borough of Farmingdale, which license or permit relates to any real property within the Borough, the license or permit shall issue or be approved only upon condition that any and all delinquent property taxes or assessments on the property where the business or activity is to be conducted are paid in full. In the event that subsequent to the issuance or approval of any such license or permit the property taxes or assessments shall fall delinquent for three or more consecutive quarters, such license or permit shall be suspended. Upon payment of the delinquent taxes or assessments and a restoration fee equal to 50% of the application fee, the license or permit shall be restored. This provision shall not apply to an alcoholic beverage control license or to a building permit or certificate of occupancy.
[Ord. No. 2009-08 § 4-1.8]
a. 
No individual shall go upon any property or create any sound in a manner calculated to attract the attention of any occupant of a residence on which is posted a sign expressly prohibiting such activity. This provision shall apply to any individual or entity otherwise exempt from the provisions of this section which intends to engage in door-to-door canvassing, solicitation, political campaigning, advocacy, education or faith conversion.
b. 
No individual issued a license under this section shall have any exclusive right to any location, shall not operate or conduct any business from a fixed location, nor shall be permitted to operate in any congested area which his operations might impede or inconvenience the public. For the purposes of this section, the judgment of a law enforcement officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. As used herein, a licensee shall be deemed to be operating from a fixed location if he has been in the same location, or one within 200 feet in any direction of the location, or remains on the same lot for more than 30 consecutive minutes. The only exception would be by prior written approval of the Borough Administrator/Clerk for a Borough sponsored special event. Said approval must be requested, in writing, and include a specific location and anticipated hours of operation at said location at least 10 days prior to the date of the Borough sponsored special event.
c. 
No individual issued a license under this section shall solicit any goods or services, including but not limited to food, ice cream and soft drinks, in any municipal park or other place of recreation or cultural activity or upon any public street or right-of-way adjacent to such municipal park or place of recreational or cultural activity. The only exception would be by prior written approval of the Borough Administrator/Clerk for a Borough sponsored special event. Said approval must be requested, in writing, and include a specific location and anticipated hours of operation at said location at least 10 days prior to the date of the Borough sponsored special event.
d. 
Any person subject to the provisions of this section shall be responsible for any minors, aged 16 and under, participating in any peddling or soliciting under the terms of this section, and shall ensure that such minors shall be accompanied by an adult at all times.
[Added 10-15-2019 by Ord. No. 13-2019]
e. 
All persons licensed under this section shall use only the front door of any residence and shall be prohibited from using or knocking on any side door or back door and also shall be prohibited from entering the side yard or backyard of any property, unless the property owner/occupier provides a sign directing an appropriate door.
[Added 10-15-2019 by Ord. No. 13-2019]
[Ord. No. 2009-08 § 4-1.9]
Every applicant for a license under this section must be 18 years of age or older and shall secure, through a private agency, a criminal history background check, conducted not more than 14 days prior to the filing of the application. Such criminal history background check must be submitted directly from the private agency to the Borough Clerk. The criminal history background check shall be in sufficient detail and scope to reveal any criminal history recorded with the State Bureau of Identification or with the Federal Bureau of Investigation. Fingerprints must also be provided by the applicant.
Ice cream vendor trucks must submit a satisfactory health sanitation certificate from their ice cream supplier and provide a certificate that the ice cream truck meets the requirements of the Monmouth County Board of Health.
[Ord. No. 2009-08 § 4-1.10; amended 10-15-2019 by Ord. No. 13-2019]
In addition to license revocation as set forth in § 4-1.7, any person or persons required by this section to procure a license who fail to do so, or who, after procuring a license under this section violates the terms thereof, shall be subject to the following penalties:
a. 
First offense: a fine of $300.
b. 
Second offense: a fine of $1,000.
c. 
Third or subsequent offense: a fine of not less than $1,000 nor more than $2,000 and, in the discretion of the Court, jail and/or community service or any combination of not more than 90 days.
[Ord. No. 2010-08]
No person shall operate a permanent retail food establishment, mobile retail food establishment, agricultural market, or temporary retail food establishment unless a license, or approval of an existing license to operate same is issued by the Borough of Farmingdale. Such license, or approval of an existing license, shall be posted in a conspicuous place in such establishment.
The following classifications of retail food establishments are hereby established:
a. 
Permanent retail food establishment shall mean any fixed coffee shop; cafeteria, short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; roadside stand; industrial feeding establishment; private, public or nonprofit organization or institution service food; catering kitchen; commissary; box lunch establishment; retail bakery; meat market; delicatessen; grocery store; public food market, or similar place in which food or drink is prepared for retail sale or for service on the premises or elsewhere; and any other retail eating or drinking establishment or operation where food is served, handled or provided for the public with or without charge.
b. 
Mobile retail food establishment shall mean any movable restaurant, truck van, trailer, cart, bicycle or other movable unit including hand carried, portable containers in or on which food or beverage is transported, stored, or prepared for retail sale or given away at temporary locations. Mobile retail food establishment licenses are issued for the specific purpose of providing necessary service to construction sites and isolated industrial locations therefor, mobile food establishments shall not operate within 1,000 feet of any permanent retail food establishments, excepting that mobile food establishments renting space at markets and special functions will not be governed by this requirement.
c. 
Agriculture market shall mean any fixed or mobile food establishment which is engaged in the sale of raw agricultural products, but may include as a minor portion of the operation the sale of factory-sealed or prepackaged products that do not normally require refrigeration.
d. 
Temporary retail food establishment shall mean any retail food establishment which operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, parade, public exhibition, or similar transitory gathering, including church suppers, picnics, or similar organizational meetings, mobile retail food establishments, as well as agricultural markets.
[Ord. No. 2010-08]
All applications for licenses shall be accompanied by the required fee and shall be made to or through the Borough Clerk upon forms provided. Application shall contain the following information along with any other information deemed necessary or specifically called for by ordinance:
a. 
Name and permanent address of the establishment. If the establishment is a corporation, the name and address of its registered agent.
b. 
Emergency contact information.
c. 
Type of establishment.
d. 
Seating capacity of establishment.
e. 
Description of nature of the business of the establishment and the good to be sold or supplied.
f. 
Days of week and hours during which the licensed activity will be conducted.
g. 
A statement as to whether or not there is a grease trap on establishment.
h. 
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 of penalty imposed.
[Ord. No. 2010-08]
The license fee payable under this chapter shall be $15 for each license and shall be paid at the time the application is submitted. The license fee is nonrefundable.
[Ord. No. 2010-08]
Licenses issued or approved shall expire annually on December 31 and application for renewal thereof shall be submitted together with the required fee prior to January 1.
[Ord. No. 2010-08]
a. 
The license issued shall not authorize any establishment except the designated establishment named in the license to engage in business thereunder for a period set forth in the license.
b. 
The license shall not be transferable.
c. 
Each license shall bear the date of its issuance, the effective dates of the license, and bear the signature of the Borough Clerk.
d. 
The license must be posted in public view.
[Ord. No. 2010-08]
Any license or permit issued by the Borough Clerk may be revoked or suspended by the Borough Council after notice and a hearing for any of the following causes:
a. 
Fraud or misrepresentation in any application for a permit or license.
b. 
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
c. 
A violation of any provision of the Code of the Borough of Farmingdale.
d. 
Conviction of the licensee for any felony or high misdemeanor or disorderly person's offense involving moral turpitude.
e. 
Conduct of the licensed activity whether by the licensee himself or his agents or employees in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.
The suspension shall become effective by the mailing of a notice to the address appearing on the application and shall state that opportunity for a hearing will be given at a time within 10 days from the date of notice, before the Mayor and Council of the Borough who, upon a finding of such a violation, may revoke the license. Failure of the licensee to appear shall result in automatic revocation of the license.
Notice of a hearing for the revocation of a license or permit shall be given in writing by the Borough Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at his last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
At a hearing the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. If a record is made and a copy is requested by the licensee, the licensee shall provide a copy to the Borough without charge. The Borough Council shall revoke or suspend the license if it is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.
The Borough Council may by resolution make rules and regulations which interpret or amplify any provision of this section or for the purpose of administering the provisions of this section or making them more effective. No regulation shall be inconsistent with or alter or amend any provision of this section, and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this section.
Whenever application is made for issuance, renewal or approval of any license or permit, whether under this section or any other provision of the Code of the Borough of Farmingdale, which license or permit relates to any real property within the Borough, the license or permit shall issue or be approved only upon condition that any and all delinquent property taxes or assessments on the property where the business or activity is to be conducted are paid in full. In the event that subsequent to the issuance or approval of any such license or permit the property taxes or assessments shall fall delinquent for three or more consecutive quarters, such license or permit may be suspended. Upon payment of the delinquent taxes or assessments and a restoration fee equal to 50% of the application fee, the license or permit shall be restored. This provision shall not apply to an alcoholic beverage control license or to a building permit or Certificate of Occupancy.
[Ord. No. 2010-08]
In addition to license revocation as set forth in § 4-2.5, any person or persons required by this section to procure a license who fail to do so, or who, after procuring a license under this section violates the terms thereof, shall be subject, upon conviction, to the penalty stated in Chapter 1, § 1-5.
[Added 12-6-2011 by Ord. No. 2011-08
N.J.A.C. 13:47-1.1 permits the governing body of a municipality to delegate, by ordinance, authority to a person to approve the granting of raffle and bingo licenses.
The Borough Council designates the Municipal Clerk of the Borough of Farmingdale as the person having authority to approve the granting of raffle and bingo licenses pursuant to the terms of N.J.A.C. 13:47-1.1.
The governing body of the Borough of Farmingdale must be apprised of the raffles issued.
The governing body of the Borough of Farmingdale shall have the authority to rescind the Clerk’s licensing authority and reinstate the Clerk’s licensing authority by resolution of the governing body.
The Municipal Clerk shall file a certified copy of this section with the Legalized Games of Chance Control Commission.
If any part or parts of this section are for any reason held to be invalid, such adjudication shall not affect the validity of the remaining portions of this section.
All ordinances or parts of ordinances which are inconsistent herewith are repealed, but only to the extent of such inconsistence.
This section shall be in full force and effect from and after its adoption and any publication as may be required by law.