Township of Bernards, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. #478, § 2; Ord. #1218, § 2; Ord. #2252, 10-29-2013, amended]
It is the intent of this section to require the licensing of any person who shall sell or solicit for the sale of goods or services within the Township from one or more temporary locations in zone districts which permit retail sales as a permitted use, or where otherwise permitted by law or variance, or by going from door to door or place to place. Sales or solicitations from temporary locations are prohibited in zone districts which do not permit retail sales as a permitted use, unless such sales are expressly permitted by some other law or variance. As used in this section, "temporary locations" shall not include on-street parking of a vehicle, with or without the engine running, except for ice cream vendors.
[Ord. 8-20-68; Ord. #468, § 4; Ord. § 478, § 3; Ord. #1099, § 1; Ord. #1208, § 1; Ord. #1218, § 3]
The terms of this section shall not apply to any of the following:
a. 
Any person duly licensed by the Commissioner of Banking and Insurance or the Real Estate Commission of the State of New Jersey.
b. 
The acts of persons selling personal property at wholesale to dealers in such articles.
c. 
Any sale required by statute or by order of any court.
d. 
Any person engaged in delivering merchandise or other things in the regular course of business to the premises of the person ordering or entitled to receive the same.
e. 
Any veteran who holds a special state license issued under the laws of the State of New Jersey shall be exempt from securing a license as provided herein for peddling, but shall be required to comply with all other applicable subsections of this section and shall be required to obtain a special veteran's permit which shall be issued by the Township Clerk, upon proper identification.
f. 
Any person soliciting for a charitable cause or to discuss with such occupant issues of public or religious interest.
[Ord. #1877, 6-13-2006, amended]
g. 
Garage sales conducted by homeowners at their place of residence, subject to the following conditions and limitations:
1. 
Garage sales may be conducted only during daylight hours.
2. 
No more than two garage sales per year may be conducted on the same residential property.
3. 
A garage sale may not exceed 72 hours in duration.
4. 
The use of motor vehicles for the storage or display of merchandise being sold at the garage sale is prohibited.
5. 
Garage sales shall not include the sale by a homeowner of goods acquired by the homeowner solely with a view toward resale or goods not normally associated with the ownership and use of residential property.
6. 
Garage sales which do not meet the requirements of Subparagraph g1 through g5 are prohibited.
h. 
Any person who, before arriving at a residence in order to sell or solicit for the sale of goods or services, had been invited by one or more of the residents to come to the residence for that purpose; provided, however, that an invitation which is first extended only after the solicitor has knocked on the door, rung the doorbell or otherwise announced his or her presence at the residence does not satisfy the requirement for an invitation under this exception.
i. 
Any person who is a bona fide, full-time student in grade 12 or lower, who is selling goods or services in conjunction with a school-related or other organized recreational, cultural or educational activity program.
j. 
Any person who has been authorized to solicit as part of a solicitation or event which is sponsored by any governmental body, department or agency, the jurisdiction of which is entirely within the borders of the Township.
k. 
Any person who is soliciting in connection with a special event sponsored by a bona fide civic organization.
[Ord. 4-10-19; Ord. #468, § 5; Ord. #468, § 5; Ch. VIII, § 1; Ord. #478, § 4; Ord. #1137; Ord. #2252, 10-29-2013, amended]
No person shall sell or dispose of, offer to sell or dispose of, or solicit for any wares, goods, merchandise or services within the Township from a temporary location or by going from door to door or place to place without first having obtained a license and paid the license fee. In addition to the requirements set forth in Subsection 4-1.1, all applicants must provide three passport-size photos; and vendors of tangible personal property, other than property exempted from sales and use taxation pursuant to N.J.S.A. 54:32B-8.2 or any amendments thereto, having no fixed place of business in the Township, must submit a copy of a valid certificate of authority issued to the vendor pursuant to N.J.S.A. 54:32B-15 or any amendment thereto, empowering the vendor to collect sales tax.
[Ord. #1218, § 4]
Licenses issued pursuant to Section 4-2, Sales of Goods and Services, shall be valid for no longer than six months. Such licenses issued for any period commencing between January 1 and June 30 shall expire on June 30 of the year in which they are valid. Such licenses issued for any period commencing between July 1 and December 31 shall expire on December 31 of the year in which they are valid. Applications for renewal of licenses shall be made not later than June 1 if the expiration date is June 30 or December 1 if the expiration date is December 31.
[Ord. #1218, § 5]
No license granted under this chapter, nor any exemption from the requirements of this chapter, shall relieve any person of the standards and requirements of Chapter XXI, Land Development, to the extent that they may apply. No approval or variance granted pursuant to said Chapter XXI shall relieve any person of the provisions of this chapter.
[Ord. #2252, 10-29-2013, added]
No license granted under this chapter, nor any exemption from the requirements of this chapter, shall relieve any person of the standards and requirements of Chapter BH-2. Before a licensee shall use a vehicle or mode of transportation in furtherance of his permitted business to sell food, produce or ice cream, he shall submit the vehicle to the Township Health Officer for inspection and approval relative to compliance with this section and shall, whenever requested during the term of the license, submit the vehicle for reasonable reinspections for that purpose. No vehicle or mode of transportation shall be used by any licensee unless it has been approved for use by the Health Officer, and written approval shall remain in and upon the vehicle at all times and shall be shown by the operator thereof to any member of the Police Department, any Township official or any member of the public who may request to be shown the same.
[Ord. 8-20-68; New; Ord. #995; Ord. #1218, § 6; Ord. #2252, 10-29-2013, amended]
The fee for a license to sell or solicit goods or services shall be $100 for the first six-month period per application. The fee for a renewal license in immediately following, sequential six-month periods shall be $50.
[Ord. 8-20-68; Ord. #468, § 6; Ord. #2252, 10-29-2013, amended]
Licensees under this section shall display their license during any solicitation. Licensees shall likewise exhibit their license upon the request of a member of the Police Department or any citizen.
[Ord. 8-20-68; Ord. #478, § 5; Ord. #1099, § 2]
a. 
No person subject to the provisions of this section shall sell or attempt to sell in accordance with the terms of this section, before 10:00 a.m. and not after 8:00 p.m., Monday through Saturday, except where expressly invited in the homes of the occupants thereof, and except as further provided in Subsection 4-2.9b.
b. 
Persons who sell or attempt to sell ready-to-eat food products shall be permitted to operate Monday through Sunday between the hours of 8:00 a.m. and 9:00 p.m., subject to all other restrictions. This subsection shall be strictly construed.
[Ord. 8-20-68; Ord. #1307, 5-12-1998, amended; Ord. #1876, 6-13-2006, amended; Ord. #2252, 10-29-2013, amended]
a. 
All licensees who shall offer to sell, display for sale, or sell or deliver fruits, vegetables and farm products from any vehicles which are wholly or in part open on any of the sides thereof shall, at all times, keep all fruits, vegetables and produce of any kind and nature completely screened and covered with satisfactory materials in order to avoid and eliminate the accumulation of flies or any other insects from alighting around or upon any and all merchandise.
b. 
All licensees offering for sale, displaying for sale, selling or delivering seafood, meats, poultry or dairy products shall transport the same solely in refrigerated vehicles, and all such products shall remain in the refrigerated portion of the vehicle at all times up to the time of sale or delivery. The refrigerated portion, during the use thereof, shall be maintained at a properly low temperature to completely safeguard all products from a health and sanitary standpoint to the fullest reasonable extent possible for the safety and welfare of the public.
c. 
No licensee shall at any time permit any waste materials or parts of produce or any other merchandise to remain in or upon any street, roadway, curbs or walks and shall at all times remove any such debris that may have fallen from his vehicle so that the same is immediately placed in metal containers as provided for in Subsection 4-2.9a.
d. 
All sales of merchandise by any licensee shall, at the time of sale, be placed in bags or other like, suitable containers when the same shall be handed to customers of the licensee.
[Ord. #2252, 10-29-2013, added]
An "ice cream vendor" is defined as a person who goes from place to place or from house to house, travels on the public streets by vehicle and carries with him ice cream, ice cream products, water ices or frozen confectionery products of any kind or character (collectively "ice cream") for the purpose of selling or offering to sell them to customers from the vehicle.
a. 
A licensee engaged as an ice cream vendor may sell ice cream from one or more temporary locations from vehicles in residential zone districts and districts which permit retail sales as a permitted use and at Township parks and athletic fields, as referenced in Table A.
Table A
Name of Park/Field
Vendor Location
Southard Park
Baseball and Soccer Field
Pleasant Valley Park
Soccer Field 1, 2, 3, 4; Softball Field 1, 2, 3; Baseball Field 1
Dunham Park
Soccer Field; Roller Hockey Court; Baseball Field
Rebel Hill Park
Baseball Field; Soccer Field
War Memorial Fields
Soccer; Baseball, Softball
Astor Fields
Soccer/Lacrosse Fields
Farmstead Park
Soccer/Lacrosse Field
b. 
No ice cream vendor shall park any vehicle within the lines of any public street, road or other public place for the purpose of selling ice cream for a period longer than 15 minutes, and then only while making actual sales. No licensee shall sell or attempt to sell any article to pedestrian or vehicular traffic other than when his vehicle shall be properly parked immediately adjacent to the curb of a public street in a permitted locality. No licensee shall at any time double park when dealing with any of his trade, and in no event shall transact any of his business operations other than on the curb side of his vehicle. Sales of ice cream at Township parks and athletic fields will be allowed only during the established park hours of operation. Vehicles shall be parked adjacent to the right-hand curbline to ensure the safety of customers. Vehicles may park only within parking lots of the parks and athletic fields and shall not park on any park road for the sale of items to the public. No vehicle used for selling ice cream shall be parked within 500 feet of any school or school property 1/2 hour before the opening of school or 1/2 hour after the close of school, nor shall any such vehicle be parked within 500 feet of any public place of amusement or assemblage during the hours such place is open for attendance, or any public park.
c. 
No ice cream vendor shall deposit or leave any paper wrappings, refuse or other materials upon any street, sidewalk or public place. Each vehicle used for the sale of ice cream shall be equipped with a metal waste container having a self-closing lid, into which paper wrappings, refuse or other materials shall be deposited.
d. 
Ice cream shall be sold or offered for sale only in sealed containers, and the filling of individual containers with ice cream in or from any vehicle from the street, highway or any other public place is prohibited.
[Ord. 8-20-68; Ord. #1218, § 7; Ord. #2252, 10-29-2013, amended]
Every person to whom a license is issued under the terms of this section shall be governed by the following rules and regulations:
a. 
No person shall enter or attempt to enter the house of any resident in the Township without an express invitation from the occupant of the house.
b. 
No person shall conduct himself in such a manner as to become objectionable to or annoy an occupant of any house.
c. 
All licensees and their respective vehicles or modes of transportation used in carrying on their permitted business shall at all times fully comply with all the terms, covenants and conditions of this section and all other applicable municipal ordinances and state laws, regulations or provisions pertaining thereto, particularly, but not in limitation thereof, that may deal with provisions of health, safety and general welfare.
d. 
Except for an ice cream vendor as defined in Subsection 4-2.7.1, any person who sells or offers for sale any goods or services from any temporary location in the Township which is not zoned to permit retail sales as a permitted use shall be guilty of a violation of this section, unless such sales are expressly permitted by some other section of the Revised General Ordinances.
[Ord. 8-20-68; Ord. #1218, § 8; Ord. #1307, 5-12-1998, amended; Ord. #2252, 10-29-2013, amended]
a. 
No licensee shall at any time permit any debris, waste material, rotting produce or merchandise of any kind or any unfit produce to remain in or upon his vehicle, unless the same is contained in a leakproof metal container having a properly fitted metal cover.
b. 
(Reserved)
c. 
(Reserved)
d. 
Notwithstanding the foregoing, with the exception of the sale of food intended for immediate consumption in zone districts which permit retail sales as a permitted use and the sale of ice cream in residential zones and zone districts which permit retail sales as permitted uses, the sale of goods from temporary locations, by use of trucks parked on site for storage, display or vending of the goods intended for sale, is prohibited. The sale of food from catering trucks for immediate consumption in zone districts which permit retail sales as a permitted use and at construction sites in residential zones only during the construction process is permitted.
a. 
In nonresidential zones, no person shall store or display outside the confines of a building any article or material being offered for sale unless the same is in conformance with the standards governing outdoor storage in Chapter XXI, Land Development, of the Revised General Ordinances.
b. 
Except as permitted by Section 4-2.2g hereof concerning garage sales conducted by homeowners at their place of residence, or as otherwise expressly permitted by the Revised General Ordinances, no person shall, in any residential zone, store or display outside the confines of a building any articles, materials or merchandise which is being offered for sale.
c. 
As used in this Section 4-2.10, "store" is not limited to long-term storage of the items in question but shall include any retention of such items if such retention is for the purpose of having the items available for sale.
[Ord. #1218, § 10; Ord. #2252, 10-29-2013, amended]
Except as otherwise permitted by law, no person shall sell or offer for sale any goods or services in any municipal park, building or other municipally owned property. This section shall not apply to:
a. 
Ice Cream vendors permitted in municipal parks and athletic fields pursuant to Subsection 4-2.7.1, Table A.
b. 
Such concessions as may be established and operated by or on behalf of the Township, the Township Pool Commission or any other Township-related entity and operated by either the Township, such commission or entity or a contractor retained pursuant to applicable contracting laws.
c. 
Private parties being conducted pursuant to permits for the use of Township facilities in any park.
d. 
Licensed vendors at a fair, carnival or similar event being conducted pursuant to permits for the use of any portion of or facilities in any municipally owned property.
[1]
Editor's Note: Former § 4-2.12, Violation of Ordinance, was repealed by Ord. #1288, § 4, 12-9-1997. See now § 4-1.10, Violations of General Licensing Chapter.
[Ord. #1218, § 12]
If any provision of this section is found to be invalid or unenforceable, it shall not affect the validity or enforceability of the remainder of this section, and provided that, if any exception under Subsection 4-2.2 is found to be invalid or unenforceable, the exception in question shall be eliminated and not broadened.