[HISTORY: Adopted by the Mayor and Council
of the Borough of Glassboro 3-22-2005 by Ord. No. 05-13.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 357, Peddlers, Solicitors and Transient Merchants, which consisted of Art.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]
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]
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]
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]
Any natural person, individual, firm, copartnership, corporation,
company, association, church, religious denomination, society, class
or league and principal or agent thereof.
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.
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.
A.
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]
B.
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]
C.
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:
(1)
They submit sufficient proof of their eligibility
for exemption.
(2)
They complete the application process as otherwise
required by this chapter in order that they may be identified and
regulated as allowed by law.
(3)
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:
A.
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.
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.
[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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
A statement of whether the applicant has been refused or had revoked
a similar license at any time.
F.
A current government-issued photo identification (i.e., military,
naturalization, immigration, driver's license, nondriver license).
G.
A New Jersey sales tax certificate.
H.
Federal taxpayer identification number.
J.
Proof of insurance where insurance is required by this chapter.
K.
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.
L.
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. The 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 the Council shall be final.
A.
A criminal background check report completed by a
state contract approved vendor shall be submitted to the Chief of
Police by the applicant.
B.
The Police Chief shall endorse on such application his/her approval
or disapproval with his/her reasons for same and shall notify the
applicant.
C.
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]
D.
A Borough of Glassboro photo identification badge
must be obtained for every agent or employee working for the applicant.
A.
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]
B.
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 transferable
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]
C.
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.
D.
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.
E.
All licenses issued shall be nontransferable.
[Added 8-28-2018 by Ord.
No. 18-35]
A.
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]
(1)
Misrepresentation or false statement contained in
the application for the license.
(2)
Misrepresentation or false statement made in the course
of carrying on activities regulated herein.
(3)
Conviction of any crime involving moral turpitude.
(4)
Conducting business in violation of any provision
of this chapter.
(5)
Violation of any Borough ordinance, any state or federal
law, or for other good and sufficient reasons.
(6)
Violation of the terms of the license.
B.
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.
A.
Organizations.
(1)
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]
(a)
Name and address of organization.
(b)
Nature and location of planned activity.
(c)
Period during which solicitation or sale is
to be carried on.
(d)
Name, address, and social security number of
each person who will conduct solicitations.
(e)
A recent photograph of all persons who are not
Borough residents who will conduct solicitations or sales.
(2)
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.
B.
Special exemption.
(1)
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.
(2)
Criteria for exemption. The following are criteria
to be applied when considering whether an exemption will be granted:
(a)
The charitable nature of the organization.
(b)
The number of participants who are Borough residents,
eliminating or minimizing the need for identifying information.
(c)
The reputation of the individual or organization
in the community.
(d)
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.
(e)
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.
(f)
The need to regulate the activity to address
safety, health or other concerns.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 $2,000, or to imprisonment in the county jail
not exceeding 90 days, or to community service for not more than 90
days, or any combination thereof, in the discretion of the Judge.
A.
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]
(1)
Solicit, conduct business with or sell to persons in motor vehicles.
(2)
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.
(3)
Engage in business within 200 feet of the grounds of any church,
synagogue or other house of worship while same is in session.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
Every person registering under this chapter shall produce proof of
such registration at the request of any resident from whom solicitation
is made.
(9)
No merchant shall sell any merchandise or any other article on any
street where sidewalk sales are prohibited under any ordinances of
the Borough.
(10)
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.
(11)
Each establishment shall prominently display its permit to operate
issued by the Borough of Glassboro.
(12)
Price rates for all services shall be prominently posted in
a location visible to all patrons.
(13)
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.
B.
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.
C.
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:
A.
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.
B.
No person shall enter or attempt to enter the dwelling
of any resident without an express invitation from the occupant of
the dwelling.
C.
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.
D.
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.
A.
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,[1] 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:
(1)
The nature and anticipated duration of such canvassing
or solicitation.
(2)
The number of persons who will be canvassing or soliciting.
(3)
The name, address and telephone number of the person
in charge of such canvassing or solicitation.
(4)
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.
(5)
The names of the persons who are expected to go from
door to door or to distribute materials within the Borough.
(6)
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.
(7)
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.
(8)
Attached written authorization from the firm or corporation
for which the registrant works, authorizing the registrant to act
as its representative.
(9)
A copy of any contract with the organization or person
for whom distribution or solicitation is being made.
(10)
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.
(11)
A breakdown of where any and all funds collected
shall be used by said organization.
(12)
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]
[1]
Editor's Note: See 26 U.S.C. § 1 et seq.
B.
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.
A.
Sales of household goods by yard sale or similar event
are prohibited except insofar as the seller shall comply with this
section.
B.
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]
