[Added by Ord. No. 7-98]
It shall be unlawful for any person to engage
in the business, trade, profession, avocation or activity of a street
vendor and/or mobile vendor and/or solicitor and/or canvasser as defined
below for financial compensation or otherwise within the boundaries
of the Town of Boonton without first obtaining a permit as provided
within this chapter.
In addition to an application supplied by the Boonton Police Department, all applicants for such a permit shall supply to the Township Clerk the following, in addition to the requirements of § 95-3:
A.
Two recent photographs of each proposed street vendor,
mobile vendor, solicitor or canvasser, each photograph to be two inches
by two inches in size.
B.
Date of birth, sex, race, height, weight, hair color,
eye color, current address, telephone number and copy of a valid driver's
license of each proposed mobile vendor, street vendor, solicitor or
canvasser.
C.
A complete typed list disclosing an itemization of
all merchandise to be sold and/or displayed, with a description of
such merchandise.
D.
A certificate of insurance naming the Town of Boonton
as an also insured, holding the Town of Boonton harmless from liability
for occurrences arising out of or from the permit holder and/or the
merchandise sold or displayed.
As used in this article, the following terms
shall have the meanings indicated:
Any person who goes from house to house, business to business,
stands or sits outside retail premises or temporarily remains in one
place upon any sidewalk, street or other public place requesting,
seeking or asking directly or indirectly, orally or in writing, for
money, credit, property, financial assistance, contributions of other
items of value on the plea or representation that such money, credit,
property, financial assistance, contribution or other item of value
will be used for charitable purposes.
Includes religious, patriotic, philanthropic, social service,
welfare, benevolent, educational, civic, and/or fraternal.
Any person who transports by vehicle prepared food, foodstuffs
to be prepared or cooked prior to sale and beverages with the intent
of selling such food and beverages to individual patrons or purchasers
while said vehicle is stopped and parked. Mobile vendors of frozen
products only, such as ice cream, water ices or other frozen confectionery
products shall be considered to be mobile vendors for the purposes
of this article and shall be responsible for full compliance with
all requirements of this article.
Any and all individuals who engage in the activity of mobile
vending, solicitation or canvassing, including those individuals who
are the agent, servant and/or employee of any firm, corporation, association,
partnership, club, society or any other form of organization, whether
organized for profit or not.
Any person traveling by foot or by car, van, truck or motorized
vehicle from location to location, house to house or any person temporarily
remaining in one place in or upon any sidewalk, street or other public
place within the Town and who while so traveling or temporarily remaining
in one place carries, conveys, transports, sells, takes orders, displays,
demonstrates or attempts to do any of the above with respect to goods,
services, wares, dry goods, merchandise, publications, books, appliances,
home improvements or personal property of any nature whatsoever. This
shall include persons who engage in the above-described activity:
Whether or not said person carries or exposes
for sale samples of the object for sale;
And enter into sales contract, agreements, leases
or other written agreements which call for future delivery of goods
or future performance of services;
Solely to collect advance payment on such sales
of goods and services.
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Excluded from the foregoing definitions are
locally chartered charitable groups, including but not limited to
the Veterans of Foreign Wars, Kiwanas and American Legion.
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A.
Excluded from these definitions are those persons
under the age of 19 acting on behalf of charitable or civic youth
organizations, including but not limited to Little League and Boy
and Girl Scouts of America, whose acts would constitute as solicitors,
but for this exception.
(1)
All canvassers in these categories shall be required
to file with the Township Clerk a letter of intent on their group's
official stationery which shall include:
(a)
Name and address of canvasser.
(b)
Name and address of supervisor who can be reached
during hours of canvassing, if canvassing occurs prior to or after
business hours.
(c)
Name and addresses of the officers of the organization.
(d)
Purpose of canvass.
(e)
Approximate time period during which canvass
will occur.
(2)
One letter from an organization on official stationery
with the above information for all of the canvassers shall be sufficient
to satisfy this requirement.
B.
Candidates for political offices or representatives
who are seeking election to office to be voted upon by the residents
of the Town of Boonton.
C.
Persons, firms or corporations who are delivering
goods or performing services which have previously been ordered by
the person owning, leasing or occupying the property when such delivery
is made or service performed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A fee, as provided in Chapter 130, Fees, Article III, Fee Schedule, shall be paid for each permit applied for and no more than one individual can utilize any one permit. Charitable groups having a charter in the Town of Boonton shall be exempt from this fee. Also exempt from this fee are all individuals under the age of 19 at the time of application. Any veteran shall be exempt from the fee, but shall be required to comply with all other applicable subsections of this article. Permits shall be good for only one single event, not to exceed five consecutive days.
The equipment used by any permit holder shall
be maintained in a clean and sanitary manner. Such permit will be
subject to the inspection of the Town of Boonton Board of Health and
Police Department.
The Chief of Police and the Police Department
will be charged with the duty, based on safety of the public, in prohibiting
and barring certain items for sale as well as areas where a permit
holder can sell approved merchandise.
This article of the Town of Boonton Code shall
be enforced by the Town's Police Department. A violation of this article
shall be a punishable offense by way of fines. A violation of this
article is subject to confiscation of merchandise being sold until
either the event is concluded or disposition of or payment of fines.
[Amended by Ord. No. 12-98; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
