The “business of peddling or selling any
product from vehicles” shall mean and include the acts of soliciting
or making sale and delivery of any product from a vehicle, directly
or indirectly.
A.
It shall be unlawful to engage in the business of
peddling or selling any products from vehicles in the Borough of Lavallette,
aforesaid, without first obtaining a license and paying the proper
fee or fees therefor, pursuant to the provisions of this article.
B.
It shall be unlawful for anyone engaged in the business
of peddling or selling products from vehicles to misrepresent the
character of the quality of the merchandise offered for sale, or to
importune or otherwise annoy any person or persons for the purposes
of effecting sale.
C.
All food and drink 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.
D.
The following regulations shall apply to the business
of peddling or selling products from vehicles parked within the Borough
of Lavallette:
(1)
All sales are to be conducted from areas where automobiles
are permitted to park. In addition, one vehicle is permitted to park
at oceanfront street ends, except that in emergency situations, parking
is not permitted at said oceanfront street end.
(2)
All sales are to be conducted from the curb side of
the vehicle and only to pedestrians.
(3)
All sales shall begin within two minutes of the time
the vehicle is parked.
(4)
Sales to any individuals remaining in another motor
vehicle is prohibited.
(5)
Parking in any no-parking area, handicapped reserved
area or yellow-curbed area, even temporarily, is prohibited.
(6)
Parking in any fixed location for more than two minutes
from the completion of the last sale is prohibited.
(7)
No sales of glass containers shall be permitted from
mobile units.
(8)
All vending units shall be required to provide trash
and recycling containers.
E.
It shall be unlawful for any person who has been heretofore,
within past 10 years, convicted of a crime to engage in said business
in this Borough unless said crime has been pardoned or expunged from
the records.
F.
It shall be unlawful to operate said business in this
municipality before 10:00 a.m. on any day and/or after 8:00 p.m. on
any day.
A.
Any person, firm or corporation desiring to engage in the business mentioned in § 47-1 hereof shall apply in writing on forms supplied by the Borough of Lavallette for said purpose and verified by said person. The application shall be submitted to the Lavallette Police Department for processing. Applications must be submitted between January 1 and March 31 and must be accompanied by a vehicle inspection certificate issued by the Ocean County Board of Health, a certificate of authority issued by the New Jersey Division of Taxation, two proofs of identification and a certified check or money order made payable to “Division of State Police - S.B.I.” in the amount of $25; however, if the applicant was fingerprinted by the Borough within the past two years, the amount of said check or money order should be $15 and the license fee hereinafter set forth. If the application is approved and a license is granted, the fee paid to Division of State Police - S.B.I. will be credited toward the license fee. Applications shall set forth:
(1)
Name and address of applicant.
(2)
Name and address of the owner of the vehicle as registered
with the Motor Vehicle Department.
(3)
Description of said 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.
(4)
Three business references.
(5)
All permanent home addresses of the applicant within
the last three years.
(6)
Name and address of salesperson or operator upon said
vehicle.
(7)
Whether or not the applicant has been convicted of
a crime or the nature of the offense, if any, for which convicted,
and the date and place.
B.
If, after a hearing upon said application, the Borough
Council determines that the applicant is not a bona fide owner of
the vehicle sought to be licensed, such application may be denied.
C.
The number of licenses issued under this article shall
be limited as follows:
(1)
Every person holding a validly issued and effective
license under the provisions of N.J.S.A. 45:24-9 shall not be subject
to the licensing provisions of this chapter.
(2)
No more than five licenses shall be issued annually
to applicants other than holders of a license under N.J.S.A. 45:24-9.
In the event that the Borough of Lavallette receives more than five
qualified applications for the licenses available under this article,
then the Borough Clerk and/or his/her designee shall conduct an auction
on the first Monday of April at 10:00 am and shall award, subject
to the approval by the Borough Council, each of the five licenses
to the highest bidder for that license. All applicants must appear
at the auction personally or through an authorized agent or employee,
and no license shall be awarded to an applicant not appearing personally
or through an authorized agent. Each license shall be offered at auction
separately and the licenses shall not be auctioned in any group or
mass auction, In all cases, the minimum starting bid for each license
shall be the annual licensing fee as otherwise set by this article.
[Amended 12-19-2011 by Ord. No. 2011-08 (1098)]
A.
Upon receipt of an application for a license, the
Borough Clerk shall forthwith transmit the same to the Chief of Police,
who shall fingerprint and photograph the applicant, cause said fingerprints
to be sent to the State Bureau of Identification and upon completion
of his or her investigation shall return the application to the Borough
Clerk with or without approval thereon.
B.
A license for a vehicle shall entitle the person named therein to engage in the business mentioned in § 47-1 hereof. Such license shall not be transferable. A salesperson's license shall entitle the person named thereon to sell or offer to sell such products mentioned, or referred to in § 47-1 hereof, from a licensed vehicle and shall not be transferable to any other person. The Borough Clerk shall issue each licensee stickers which must be prominently displayed on the front and rear bumpers of the licensed vehicle. Licenses issued pursuant to the provisions of this article shall be good only for the calendar year in which issued.
[Amended 2-9-2009 by Ord. No. 2009-01 (1054)]
A.
The license fee to be imposed under this article shall be $2,000. This fee shall entitle the licensee to sell or peddle products from a vehicle in the Borough of Lavallette as set forth in this article, § 47-1. Each person in the vehicle is deemed a salesperson and is required to have an individual license at a fee of $700. Said licensing fees shall be paid immediately following the close of the auction as prescribed in § 47-3C(2). The license shall expire on the 31st day of December in the year of issuance.
[Amended 12-20-2010 by Ord. No. 2010-18 (1090); 12-19-2011 by Ord. No.
2011-08 (1098)]
B.
The license fees herein fixed are imposed for the
purpose of regulating the business hereinabove defined.
C.
In addition to being subject to the penalties provided in § 47-6, any license issued under this article may be revoked by the Borough Council for any misstatement in the application or for any violation of this article, after notice and hearing; provided, however, that license may be suspended for a period not exceeding 30 days. Should any license be revoked or suspended, no part of the license fee shall be returned.
Any person, firm or corporation that shall be
convicted of a violation of a provision of this article shall, upon
conviction whereof by any court authorized by law to hear and determine
the matter, be subject to a fine not exceeding $1,000 or imprisonment
for a term not exceeding 90 days, or both, as such court in its discretion
may impose. Each day that such violation exists shall constitute a
separate offense.
