[HISTORY: Adopted by Mayor and Council of the Borough of Wenonah 12-12-1983; amended 12-29-1983; 12-12-1991; amended in its entirety 7-27-2006 by Ord. No. O-06-15. Subsequent amendments noted where applicable.]
As used in this Article, the following terms shall have the meanings indicated:
- Any person, who goes from house to house, or from place to place offering or exposing food, merchandise, or services for present or future sale, or who engages in any of the foregoing activities from a location on the street or other public place. Included in the definition are persons who go from house to house or place to place collecting information or financial contributions or distributing literature.
- Anything or any service sold or offered for present or future sale by a vendor, including but not limited to merchandise, goods, food, seasonal items, home repair services, or vegetation.
The purpose of this Article is to promote orderly business practices, protect public safety and health, prevent unfair business practices, promote the quiet enjoyment of public and private lands and prevent dishonest business practices by the regulation of conduct and the imposition of license fees.
It shall be unlawful for any vendor to do business with the Borough without first obtaining a license from the Borough.
Except as provided in Section 40-15, any person claiming an exemption from the license required by this Article under state or federal law will not be allowed to do business in this Borough unless at least 10 working days before beginning business activity:
They submit sufficient proof of their eligibility for exemption.
They complete the application process as otherwise required by this Article in order that they may be identified and regulated as allowed by law.
They appear of good character as evidenced by a lack of criminal convictions for crimes of theft, fraud, burglary or the like.
[Amended 6-26-2014 by Ord. No. 2014-5]
Any person desiring a license pursuant to this Article shall file with the Borough Clerk or Administrator an application. The application shall be completed in triplicate and filed with the Borough Clerk or Administrator at least 10 business days prior to the first day of the proposed activity. The applicant shall supply the following with the application for each person who will be engaged in peddling and soliciting in the Borough municipal limits:
A copy of the fingerprints of the applicant and each person who will conduct solicitation or sales. The Borough of Wenonah does not provide copies of fingerprints. The applicant may obtain copies of fingerprints through services such as Morpho Trak.
A statement as to whether or not the applicant has been charged with or convicted of any crime, or disorderly persons offense or violation of any municipal ordinance other than a traffic violation, and the nature, dates and places of such offenses and the punishment or penalty assessed therefor.
An original letter addressed to the Borough Clerk or Administrator from the firm for which the applicant purports to work, authorizing the applicant to act as its representative.
A list of all towns in New Jersey in which the applicant has conducted business in the last 12 months, setting forth the specific dates.
A statement of whether the applicant has been refused or had revoked a similar license at any time.
Original social security card.
A current driver's license.
A New Jersey sales tax certificate.
Federal taxpayer identification number.
A recent photograph of themselves to be kept with the Borough Clerk or Administrator.
Proof of insurance where insurance is required by this Article.
An instrument in writing nominating and appointing the Borough Clerk or Administrator his true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of license. It shall also contain recitals to the effect that the applicant consents and agrees that service of any notice of process may be made upon such agent when so made shall be as valid as if personally served upon the applicant according to the laws of this or any state, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service.
A copy of the criminal background history check dated within 30 days of the application date. The Borough of Wenonah does not obtain criminal background history checks. The applicant may obtain a criminal history record via a service provided by the New Jersey State police at www.bioapplicant.com/nj.
The completed application shall be referred to the Chief of Police, who shall fingerprint the applicant.
The Chief of Police shall endorse on such application his approval or disapproval with his reason for the same and return the application to the Borough Clerk or Administrator, who shall notify the applicant.
The Borough Clerk or Administrator, upon the payment of the prescribed license fee, shall execute and deliver to the applicant his license.
Each application shall be accompanied by payment of $10 to cover the administrative cost of the application.
Upon granting of a license, the licensee shall prepay the sum of $10 for each day he intends to do business in the Borough. Each license shall state its effective dates and the dates upon which they shall be permitted to do business.
Each license issued shall only authorize the person named in such license to engage in business. Such licenses shall not be transferable from the person to whom issued to any other person.
All licenses shall be specifically limited to activities and operations of the person holding the same to the hours between 9:00 a.m. and 9:00 p.m. on any day of the week; provided, however, that the activities and operations of a person holding a vendor's license for the sale of ice cream or similar frozen desserts shall be limited to the hours of 9:00 a.m. and sunset.
Every person holding a license under this Article shall be required to carry and conspicuously display their license while soliciting within the Borough.
Any person or organization subject to this Article shall complete a new application for a license after 12 months have passed since the date the last application was approved.
Licenses issued under this Article may be temporarily suspended on verbal notice by the Borough Clerk or Administrator or any law enforcement officer, and permanently revoked by the Municipal Court Judge after reasonable notice and hearing, for any of the following causes:
Misrepresentation or false statement contained in the application for the license.
Misrepresentation or false statement made in the course of carrying on activities regulated herein.
Conviction of any crime involving moral turpitude.
Conducting business in violation of any provision of this Article.
Violation of any State statute or Borough ordinance while soliciting within the Borough.
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 upon the licensee or mailed, postage prepaid, to the licensee at addresses given by the licensee in making application herein, at least five days prior to the date set for hearing.
Any person aggrieved by the action of the Chief of Police or the Borough Clerk or Administrator in the denial of an application for a license shall have the right of appeal to the Borough Council. Such appeal shall be taken by filing with the Borough Clerk or Administrator, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal; and notice of such hearing shall be given to the appellant in the same manner as provided herein for notice of hearing on revocation. The decision and order of the Borough Council on such appeal shall be final and conclusive.
Except as otherwise provided by specific exception in this Article, persons subject to this Article, including persons claiming an exemption from the requirements of the municipal licensing shall not:
Solicit, conduct business with or sell to persons in motor vehicles.
Station, place, set up or maintain his wares or equipment in such a way as would restrict, obstruct, interfere with or impede the pedestrian's right-of-way; restrict, obstruct, interfere with the use of enjoyment from the abutting property; create or become a nuisance; increase traffic congestion, cause or increase traffic delay or hazards; cause or create or constitute a danger to life, health, or property; sell food, drinks, ice cream or confections of any kind for immediate consumption unless he has available for public use his own litter receptacle which must be attached to his cart or vehicle which shall be clearly marked and maintained for his patronage use, nor shall any peddler leave any location without first picking up, removing and disposing of any trash or refuse remaining from his/her product.
Leave his wares unattended at any time or store, place or leave the same overnight on any sidewalk or public way of the Borough.
Station, place, set up or maintain his wares closer than 20 feet from the curbline or end of pavement of intersection streets.
Place his wares in such a way as would reduce the unobstructed pedestrian right-of-way on a sidewalk.
Engage in business within 20 feet of any location where the curb has been depressed to facilitate pedestrian or vehicle movement.
Engage in business on any sidewalk or along any street within 100 feet of any fire hydrant, crosswalk or bus stop; or within 25 feet of any driveway.
Place his wares in front of the display windows or signs of fixed-location businesses, nor shall they be within 20 feet from the entrance door to a fixed-location business.
Operate in such a manner as to restrict the continued maintenance of a clear passageway for vehicles or pedestrians.
Engage in business within 200 feet of the grounds of any school between one-half hour prior to the start of the school day and one-half hour after dismissal at the end of the school day.
Engage in business within 200 feet of the grounds of any church, synagogue or other house of worship between one-half hour prior to the start of the service and one-half hour after dismissal at the end of the service.
Use or operate any loudspeaker, public address system, sound amplifier, horn, bell, radio, record player, tape player, CD player, musical instrument or any similar device used to attract attention, entertain the public or entertain himself.
Sell from any one site or area for a period of more than four hours, including time for setup and breakdown of a vending unit. After four hours the vending unit or vendor must move to a new location at least 300 feet away from where he was doing business or cease doing business. No vendor may return to the same location in any calendar day. No vendor shall place any object, sign, or person nor take any action designed to reserve a location for their use. Any such object may be removed and kept as evidence of a violation by any person, who shall promptly surrender it to the police.
Place his wares other than one vending unit, whether it be a cart, single table no larger than 96 inches long by 48 inches wide by 72 inches high or display unit similar to a table which shall occupy a space no larger than 32 square feet. The Borough Clerk or Administrator may grant an exception to size limits with the advice and consent of the Chief of Police in the case of the sale of certain holiday items sold for limited times during the year.
Engage in business within 300 feet of any fixed place of business selling substantially similar merchandise, a food vendor shall not operate within 300 feet of a restaurant.
A vending unit is a selling or display unit, with or without wheels, intended to serve as a transportable structure for facilitating the display, sale and transportation of merchandise. All equipment installed in any part of the vending unit or articles carried by the unit shall be secured in order to prevent movement during transit and prevent detachment in the event of a collision or overturn.
In the event that food should be sold by any vendor a certificate of health compliance issued by the Gloucester County Department of Health shall be conspicuously displayed on the vending unit. Selling food shall be prohibited in the Borough of Wenonah without such a certificate of health compliance. Furthermore, any vendor selling food shall provide proof of an insurance policy issued by an insurance company licensed to do business in the State of New Jersey protecting the vendor and the Borough from all claims or damages to property and bodily injury, including death, which may arise from operations under or in connection with the vending. Such insurance shall name as an additional insured the Borough of Wenonah and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' written notice to the Borough. The minimum amounts of the insurance to be maintained are: $500,000.
Every person to whom a license is issued under the terms of this Article shall be governed by the following rules and regulations:
All circulars, samples or other matter shall be handed to an occupant of the property or left in a secure place located on the premises.
No person shall enter or attempt to enter the dwelling of any resident without an express invitation from the occupant of the dwelling.
No person shall conduct himself in such a manner as to become objectionable to or annoy any occupant of any house. Signs posted by property owners stating "no soliciting" shall be obeyed.
[Amended 6-26-2014 by Ord. No. 2014-5]
Any nonprofit religious, charitable, educational, civic or veterans organization, volunteer first aid organization, fire company, or political organization 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 charged or solicited at any place or places within the Borough for charitable, religious, patriotic or philanthropic purpose, shall be permitted to conduct such business in the Borough without a license upon the filing of a sworn application in writing to the Borough Clerk or Administrator, which shall give the following information and documentation:
Name and address of organization.
Nature and location of planned activity.
Period during which solicitation or sale is to be carried on.
Name, address and telephone number of the person(s) who is the designated contact person(s) for the organization.
Names, addresses, dates of birth and Social Security Numbers of all persons who are not Borough residents, who will conduct solicitations or sales.
A copy of the criminal background history check for each individual designated in paragraph (e) above dated within 30 days of the application date. The Borough of Wenonah does not obtain criminal background history checks. The applicant may obtain a criminal history record via a service provided by the New Jersey State police at www.bioapplicant.com/nj.
A copy of the fingerprints of the applicant and each person who will conduct solicitation or sales, who are not Borough residents. The Borough of Wenonah does not provide copies of fingerprints. The applicant may obtain copies of fingerprints through services such as Morpho Trak.
The Borough Council, by resolution, may exempt from compliance with any part or parts of this Article any person or organization. Any person or organization seeking an exemption must make a written request to the Borough Clerk or Administrator of at least 10 business days before the start of the activity for which the exemption is sought. The Borough Council may place conditions or restrictions on the granting of an exemption.
Criteria for exemption. The following are criteria to be applied when considering whether an exemption will be granted:
The charitable nature of the organization.
The number of participants who are Borough residents, eliminating or minimizing the need for identifying information.
The reputation of the individual or organization in the community.
The financial or human resource burden of compliance with any provision of this Article when weighted against the benefit to the Borough and/or its residents.
Whether the activity will result in or lead to a benefit to the Borough residents such as lower taxes, increased public services, betterment of the community or other public benefit.
The need to regulate the activity to address safety, health or other concerns.
Seasonal ice cream trucks delivering ice cream products to developments and mobile lunch trucks delivering food products to construction sites within the Borough of Wenonah may be provided extended permit periods and reduced fees.
Criteria for exemption from fees. Section 40-6 Fees, paragraph B, shall be exempted as applied to ice cream trucks delivering to developments and mobile lunch trucks delivering to construction sites within the Borough of Wenonah so as to grant a monthly license with the requirement that the licensee shall prepay the sum of $100 for each month he intends to do business in the Borough. Each license shall state its effective dates and the dates upon which they shall be permitted to do business. The application process set forth in Section 40-4, licensing provisions and other processes, conditions and requirements of this Article shall remain in effect as to these exempted categories.
Seasonal ice cream trucks and mobile lunch trucks shall solicit and conduct their business no further than five feet from the grass or curbline of any public street, and in any manner that does not obstruct the clear passageway for vehicles or pedestrians.
[Amended 6-26-2014 by Ord. No. 2014-5]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine in an amount not less than $100 nor more than $200; upon a second violation, a fine in an amount not less than $200 nor more than $300; and upon a third or subsequent violation, a fine in an amount not less than $300 nor more than $500; and/or a period of community service not to exceed 10 days. Whenever such person shall have been officially notified or by service of a Summons in a prosecution, or in any other official manner, that said person is committing a violation, each day's continuance of such violation after such notification shall constitute a separate offense, punishable by a like fine or penalty.
Should any section, clause, sentence, phrase or provision of this ordinance be declared unconstitutional or invalid by a Court of competent jurisdiction, such decision shall not affect the remaining portions of this ordinance.
Prior Chapter 40 entitled "Peddlers, Hawkers and Solicitors," and any other ordinances or parts of ordinances inconsistent with this ordinance be and the same are hereby repealed to the extent of such inconsistencies.
This ordinance shall take effect immediately upon final passage and publication in accordance with law.