[HISTORY: Adopted by the Mayor and Council of the Borough of Glassboro 3-22-2005 by Ord. No. 05-13. Amendments noted where applicable.]
Licensing — See Ch. 303.
Noise — See Ch. 327.
Parades — See Ch. 346.
Editor's Note: This ordinance also repealed former Ch. 357, Peddlers, Solicitors and Transient Merchants, which consisted of Art. I, Peddling and Soliciting, adopted 2-9-1971 by Ord. No. 3-71 as Ch. 86, Art. I, of the 1971 Code, and Art. II, Charitable Solicitations; Canvassing, adopted 7-28-1992 by Ord. No. 92-16.
Whenever used in this chapter, unless a different meaning clearly appears from the context, the following terms shall have the meanings indicated:
- To solicit.[Added 10-11-2011 by Ord. No. 11-44]
- CHARITABLE, NONPROFIT and PHILANTHROPIC
- Includes political, patriotic, religious, service, welfare, benevolent, educational, civic or fraternal corporations, organizations, associations, societies and the like not organized for private gain. Examples of nonprofit organizations include veterans groups and organizations which assist the poor, the aged, the sick, the physically disabled or mentally retarded or which aid victims of fire, flood or similar catastrophes. This enumeration is intended to be typical and shall not be construed as exclusive. All applicants shall provide satisfactory proof of nonprofit status upon request, including but not limited to evidence of tax exemption.
- Includes alms, food, clothes, money, subscription or property of any nature or kind.
- Includes anything or any service sold or offered for present
or future sale by a vendor, including but not limited to merchandise,
goods, seasonal items, home repair services, flowers or greens, food
or drink of any kind, whether or not for immediate consumption, or
any other article.[Amended 8-28-2018 by Ord. No. 18-35]
- MOBILE FOOD VENDOR
- A self-contained vehicle, which has been approved by the
Department of Health, that travels and parks at a specific location
to sell food to patrons. Mobile food facilities include, but are not
limited to, trucks, trailers, carts, and bicycles, and may include
auxiliary equipment such as portable fryers, stoves, and grills that
are located adjacent to the operation.[Added 8-28-2018 by Ord. No. 18-35]
- PEDDLER or SOLICITOR
- Any person engaging temporarily in the retail sale of goods,
wares, or merchandise within the municipality who goes from house
to house or from place to place offering or exposing merchandise or
services for present or future sale, prophesying or preaching, or
who engages in any of the foregoing activities from a location on
the street that is outside of the public right-of-way, or other public
place, or motor vehicle of any kind. Included in the definition are
persons who go from house to house or place to place collecting information
or financial contributions or distributing literature.[Amended 8-28-2018 by Ord. No. 18-35]
- PERSON or ORGANIZATION
- Any natural person, individual, firm, copartnership, corporation, company, association, church, religious denomination, society, class or league and principal or agent thereof.
- SOLICIT and SOLICITATION
- The request, directly or indirectly, of money, credit, property, financial assistance and other things of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable and philanthropic purpose as defined in this chapter. Solicitation shall be deemed to be complete when made, whether or not the person making the same receives any contribution.
- TRANSIENT MERCHANT
- Any vendor who operates his/her business from a truck, van,
trailer, cart, bicycle, or other mobile facility at or on another
owner's property with that owner's permission.[Added 8-28-2018 by Ord. No. 18-35]
The purpose of this chapter 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 to provide for the appropriate use of land of the Borough of Glassboro in accordance with the Development Regulations and Zoning Ordinance (Chapter 107) by the regulation of conduct and the imposition of license fees.
It shall be unlawful for any peddler, solicitor, mobile food vendor or transient merchant to do business within the Borough of Glassboro without first obtaining a zoning permit, followed by obtaining a mercantile license, and then a permit filed with the Chief of Police. It shall also be unlawful to sell or dispose of, or offer to sell or dispose of, any merchandise or services to be rendered in the future or to take orders for any merchandise or services to be delivered in the future, or engage in any form of the business of vending within the Borough of Glassboro between 9:00 p.m. and 7:00 a.m., local time, or outside of the established hours of operation associated with the principal use. No one shall be permitted to solicit or canvass on Sunday.
[Amended 8-28-2018 by Ord. No. 18-35]
It shall be unlawful for any transient merchant to operate from any particular location unless such location complies with the design and performance standards for transient merchant sites and mobile vendors as outlined in Chapter 107, the Development Regulations and Zoning Ordinance. All necessary zoning approvals should be applied for and approved prior to the submission of the license application.
[Amended 8-28-2018 by Ord. No. 18-35]
Except as provided in § 357-4, any person claiming an exemption from the license required by this chapter under state or federal law will not be allowed to do business in the 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 chapter in order that they may be identified and regulated as allowed by law.
They appear of good character as evidenced by lack of criminal convictions for crimes of theft, fraud, burglary or the like.
[Amended 8-27-2013 by Ord. No. 13-11; 8-28-2018 by Ord. No. 18-35]
The requirements of this chapter, insofar as same shall apply to fees for peddlers, solicitors, transient merchants, and mobile vendors, shall be held not to include the following persons, who are hereby expressly exempt from its application:
Any person honorably discharged from the military services of the United States possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and 45:24-10.
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.
[Amended 5-26-2009 by Ord. No. 09-22; 10-11-2011 by Ord. No. 11-44; 8-27-2013 by Ord. No. 13-11; 8-28-2018 by Ord. No. 18-35]
Any person desiring a license pursuant to this chapter shall obtain a zoning permit. Following acquisition of a zoning permit, an applicant shall obtain an application from the Police Department to be completed and filed with the Chief of Police for approval. The application with the Police Department shall be completed and filed with the Chief of Police at least 30 days prior to the first day of the proposed activity for approval.
The applicant, agent and/or employer must submit to a criminal background check by submitting to a fingerprint process conducted by a state vendor, at the applicant's own cost, for a personal record request.
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 thereafter.
An original letter addressed to the Borough Clerk from the firm for which the applicant purports to work, authorizing the applicant to act as its representative, but to be sent to the Police Department, to the attention of the Police Chief.
A list of all municipalities in New Jersey in which the applicant has conducted business in the last 12 months, setting forth the specific dates, if applicable.
A statement of whether the applicant has been refused or had revoked a similar license at any time.
A current government-issued photo identification (i.e., military, naturalization, immigration, driver's license, nondriver license).
A New Jersey sales tax certificate.
Federal taxpayer identification number.
Proof of insurance where insurance is required by this chapter.
For transient merchants: the specific location of operation and a certificate from the Zoning Officer stating that all zoning and site review requirements of the Development Regulations and Zoning Ordinance (Chapter 107) have been complied with for the subject location and that all necessary approvals have been granted for such location, and the written permission of the owner of the premises for use of same.
For transient merchants and mobile vendors, a copy of the registration for the mobile vehicle shall be submitted to the Borough.
[Amended 5-26-2009 by Ord. No. 09-22; 10-11-2011 by Ord. No. 11-44; 8-27-2013 by Ord. No. 13-11]
It shall be the duty of the Chief of Police to determine that the application is complete and signed by the applicant and to investigate the statements made therein. After investigation, the Chief shall indicate approval or disapproval, in writing, upon the application. In case of disapproval of an application, the applicant may appeal to the Borough Council. Council shall set a time and place for a hearing, which hearing shall be held within 10 days after appeal is taken by the applicant, at which time the applicant will be given an opportunity to present his/her reasons that the license should be issued. The decision of Council shall be final.
A criminal background check report completed by a state contract approved vendor shall be submitted to the Chief of Police by the applicant.
The Police Chief shall endorse on such application his/her approval or disapproval with his/her reasons for same and shall notify the applicant.
The Police Chief, upon the payment of the prescribed license fee, shall execute and deliver to the applicant his/her license and photo identification badge issued by the Borough of Glassboro.
[Amended 8-28-2018 by Ord. No. 18-35]
A Borough of Glassboro photo identification badge must be obtained for every agent or employee working for the applicant.
Licenses will be in the form of a badge/card bearing a number, the name of the Borough, the word "peddler" or "solicitor" or the words "transient merchant" or "mobile food vendor" or "mobile vendor," or other suitable inscription, the date of issue and the date of expiration.
[Amended 8-28-2018 by Ord. No. 18-35]
The licensee to whom such photo identification badge is issued shall wear the same conspicuously upon his/her clothing at all times he/she is working in the Borough of Glassboro, and such license is not transferrable from the person to whom it was issued to any other person.
[Amended 10-11-2011 by Ord. No. 11-44; 8-27-2013 by Ord. No. 13-11]
All licenses issued pursuant to this chapter shall expire at the end of the calendar year during which they were issued. Upon granting of a license the licensee shall pay the sum of $200 for the time he intends to do business in the Borough. The license shall be for the year it was issued or any portion thereof.
Any person or organization subject to this chapter shall complete a new application for a license after 12 months has passed since the last application.
All licenses issued shall be nontransferable.
[Added 8-28-2018 by Ord. No. 18-35]
Licenses issued under this chapter may be temporarily suspended on verbal notice by the Police Chief or any law enforcement officer and permanently revoked by the Municipal Court Judge, after reasonable notice and hearing, for any of the following causes:
[Amended 8-27-2013 by Ord. No. 13-11]
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 chapter.
Violation of any Borough ordinance, any state or federal law, or for other good and sufficient reasons.
Violation of the terms of the license.
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 to the licensee at the address given by the licensee in making application herein at least five days prior to the date set for hearing.
This chapter shall not apply to employees of any public utility which is subject to regulation by the State Board of Public Utility Commissioners; provided, however, that such employees shall display the identification badge or card issued by his employer.
Any bona fide member of any church, social, civic, fraternal, educational, charitable, civic, veteran or philanthropic organization, volunteer first aid organization or fire company located within the Borough of Glassboro desiring to solicit or who has solicited in its name money, donations of money, property or financial assistance of any kind, or desiring to sell or distribute any items of literature or merchandise for which a fee is charged or solicited at any place or places within the Borough for any purpose, shall be permitted to conduct business in the Borough without a license, upon the filing of a sworn application, in writing, with the Police Chief or any member of any such organization not located in the Borough of Glassboro, which organization has received the written approval and endorsement of the governing body of the Borough of Glassboro, and which shall give the following information:
[Amended 8-27-2013 by Ord. No. 13-11]
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 social security number of each person who will conduct solicitations.
A recent photograph of all persons who are not Borough residents who will conduct solicitations or sales.
Such organization, association, society or corporation shall furnish all its members, agents or representatives conducting solicitation or sales with credentials in writing stating the name of the organization, names of the agent and the duration and purpose of solicitation. All persons or organizations qualifying for a license exemption under this section shall comply with all other provisions of this chapter.
The Borough Council, by resolution, may exempt from compliance with any part or parts of this chapter any person or organization. Any person or organization seeking an exemption must make a written request to the Borough Clerk at least 30 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 chapter when weighed 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.
Any person violating any of the provisions or terms of this chapter, whether as principal, agent or employee of another, shall, upon conviction of the Municipal Court Judge, be subject to a fine not exceeding $1,000 or to imprisonment in the county jail not exceeding 90 days, or both, in the discretion of the Judge.
Except as otherwise provided by specific exception in this chapter, persons subject to this chapter, including persons claiming an exemption from the requirement of the municipal licensing, shall not:
[Amended 8-28-2018 by Ord. No. 18-35]
Solicit, conduct business with or sell to persons in motor vehicles.
Engage in business within 200 feet of the grounds of any school between 1/2 hour prior to the start of the school day and 1/2 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 while same is in session.
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 themselves.
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 it 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 his/her 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 their wares other than on 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 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.
Every person registering under this chapter shall produce proof of such registration at the request of any resident from whom solicitation is made.
No merchant shall sell any merchandise or any other article on any street where sidewalk sales are prohibited under any ordinances of the Borough.
No merchant shall leave any vending or mobile food unit or auxiliary equipment such as portable fryers, stoves, and grills unattended at any time or store, park, or leave same overnight on any Borough sidewalk or street or at any vending location permitted, unless the board for zoning approval grants permission for a mobile food vendor to remain overnight in connection with a special event approved by the Borough.
Each establishment shall prominently display its permit to operate issued by the Borough of Glassboro.
Price rates for all services shall be prominently posted in a location visible to all patrons.
No vendor shall place any object, sign, or person, nor take any action designed to reserve a location for his/her 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.
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. 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 Glassboro 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 Glassboro 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 amounts of the insurance to be maintained are: personal injury, $100,000 per person, $300,000 per occurrence; property damage, $25,000.
Every person to whom a license is issued under the terms of this chapter 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.
No licensee or any person in his behalf shall shout, cry out, blow a horn, ring a bell or use any sound-making or amplifying device upon any of the streets, parks or other public places of the Borough or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, parks or other public places for the purpose of attracting attention to any goods, wares, merchandise or services which the licensee proposes to sell.
Any person canvassing or soliciting in connection with a charitable or religious organization or society or any representative of such organization or society recognized as tax exempt under the United States Internal Revenue Code, when such canvassing or solicitation does not involve the sale or attempted sale of merchandise, shall, at least 48 hours prior to such canvassing or solicitation, present himself to the office of the Chief of Police and shall provide said Chief of Police with the following information:
The nature and anticipated duration of such canvassing or solicitation.
The number of persons who will be canvassing or soliciting.
The name, address and telephone number of the person in charge of such canvassing or solicitation.
The full name, address and telephone number of the political, charitable or religious organization on behalf of which such solicitation or canvassing is to be conducted.
The names of the persons who are expected to go from door to door or to distribute materials within the Borough.
The make, model, year, color and license plate number of automobiles used by the registrant during the period of solicitation within the Borough of Glassboro and the number of the driver's license and the state of issuance and the name, address and policy number of automobile insurance coverage.
A description of the nature of the solicitation or activity to be conducted within the Borough of Glassboro and the time period such registration shall cover.
Attached written authorization from the firm or corporation for which the registrant works, authorizing the registrant to act as its representative.
A copy of any contract with the organization or person for whom distribution or solicitation is being made.
A breakdown of the actual distribution of any funds generated by such solicitation, to include the amount of money to be paid to the private company collecting on behalf of said political campaign or charitable or religious organization and the total amount of money to be paid directly to said political campaign or charitable or religious organization.
A breakdown of where any and all funds collected shall be used by said organization.
A copy of the preceding year's financial statement of said organization, to be kept available for public inspection with the application.
[Amended 8-27-2013 by Ord. No. 13-11]
The purpose of such registration is that the identity of persons going door to door or distributing materials within the Borough may be established for the protection and maintenance of the health, safety and welfare of the inhabitants of the Borough and to prevent dishonest solicitation of funds in the Borough.
[Amended 8-27-2013 by Ord. No. 13-11]
Following the filing of the registration form pursuant to the aforesaid, the Chief of Police shall make or cause to be made such investigation as he/she deems necessary to verify the information set forth therein. The Chief of Police shall thereupon signify his/her approval or rejection on the reverse side of the application, and, if approved, the Police Chief may issue the license to such applicant. In case of disapproval of an application, the applicant may appeal to the Borough Council. The Council shall set a time and place for a hearing, which hearing shall be within 10 days after appeal is taken by the applicant, at which hearing the applicant will be given an opportunity to present his/her reasons that the license should be issued. The decision of the Borough Council shall be final.
The provisions of this chapter applicable to transient merchants shall not apply to residents of the Borough of Glassboro conducting yard sales upon their own property. There is no cost to the residents for the permitted number of yard sales as indicated in this section.
Sales of household goods by yard sale or similar event are prohibited except insofar as the seller shall comply with this section.
A maximum of two single-day or two weekend (Saturday and Sunday) yard sales or similar event may be held in any calendar year at any household in the Borough. For the purpose of this subsection, any apartment with separate cooking and toilet facilities shall qualify as a "household." No yard sale sign shall be posted earlier than seven days prior to the day of the sale and shall be removed no later than 24 hours after the sale.
[Amended 9-22-2009 by Ord. No. 09-46]