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Chapter 58 HAWKERS, PEDDLERS, CANVASSERS AND SOLICITORS
Chapter 58 HAWKERS, PEDDLERS, CANVASSERS AND SOLICITORS
ARTICLE I Canvassers and Solicitors
§ 58-1. License required.
§ 58-2. Definitions.
§ 58-3. Application for license: information required.
§ 58-4. Types of licenses.
§ 58-5. Term of license.
§ 58-6. Investigation and issuance.
§ 58-7. Fees.
§ 58-8. Badges.
§ 58-9. Hours of operation.
§ 58-10. Severability.
§ 58-11. Violations and penalties.
§ 58-12. When effective.
§ 58-13. Inconsistent ordinances repealed.
ARTICLE II Hawkers, Peddlers and Vendors
§ 58-14. Definitions.
§ 58-15. License required.
§ 58-16. Application.
§ 58-17. Types of licenses.
§ 58-18. Terms of licenses.
§ 58-19. Investigation and issuance.
§ 58-20. Badges.
§ 58-21. Fees.
§ 58-22. Exhibition of license.
§ 58-23. Notification to police to engage in licensed activity.
§ 58-24. Revocation.
§ 58-25. Inspection.
§ 58-25.1 Safety Requirements
§ 58-26. Use of streets.
§ 58-27. Hours of operation.
§ 58-27.1 Door to Door Sales.
§ 58-28. Exceptions.
§ 58-29. Severability.
§ 58-30. Violations and penalties.
§ 58-31. When effective.
§ 58-32. Inconsistent ordinances repealed.
[HISTORY: Adopted by the Township Council of the Township of Gloucester; Article I, 10-21-60 as Ord. No. 260; Article II, 10-7-60 as Ord. No 259. 9-28-87 by Ord. 0-87-40. Amendments noted where applicable.][Amended on 01-12-09 by Ord. O-08-38]
General References
Police Department - See Ch. 15.
Coin-operated amusement devices - See Ch. 27.
Peace and good order - See Ch. 67.
Be it Ordained by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:
ARTICLE I Canvassers and Solicitors
ARTICLE I Canvassers and Solicitors
[Adopted 10-21-60 as Ord. No. 260]
§ 58.1. License required.
It shall be unlawful for any canvasser or solicitor, as defined in § 58-2 hereof, to engage in such activity in the Township of Gloucester without first obtaining a license therefor in accordance with the provisions of this ordinance.
§ 58-2. Definitions.
When used in this ordinance, the following words or terms shall have the meanings indicated:
HIS - Includes "her" or "its."
PERSON - Includes any individual, partnership, partner, corporation or corporations.
SOLICITOR or CANVASSER - Includes any person, whether or not a resident of the Township of Gloucester, who goes from house to house, from place to place, whether on foot or by conveyance of any kind, nature or sort, soliciting, taking or attempting to take orders for the sale of services, goods, wares, merchandise, food or drink or any products thereof or property of any kind or nature whatsoever, for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the subject of such order and whether or not he is collecting advance payments on such sales or orders.
(Amended 12-28-15 by Ord. No. 0-15-18)
§ 58-3. Application for license: information required.
[Amended 6-16-78 by Ord. No. 0-78-15]
Applicants for a license under this ordinance shall file with the Township Clerk an application, in duplicate, on forms to be furnished by the Township Clerk, that shall give the following information, all of which shall be sworn to:
A. Name and physical description of the applicant.
B. Permanent home address and local mailing address and telephone number, if any, of the applicant; and motor vehicle license and registration if a motor vehicle is to be used in the activity for which the applicant requests a license.
C. A brief description of the nature of the business or activity; the goods or items as described in the definition of "solicitor or canvasser" in § 58-2 hereof intended to be sold; the name and address of the principal office of the manufacturer thereof and/or of the principal for whom or which such application is acting as agent, employee or representative; and the length of time for which such agency, employment or representation has existed, and credentials establishing such relationship.
D. A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violations of any municipal ordinance, other than a traffic violation; the nature of the offense; the place where convicted; and the punishment or penalty, if any, assessed thereof.
E. If the applicant is a partnership or corporation, then it shall set forth the names of its employees or representatives who are to engage in the business or activity for which the license is requested, as part of its application, and shall furnish the same information for each of such persons as above set forth.
§ 58-4. Types of licenses.
The licenses issued shall be classed as "individual" for those issued to individual applicants, and "firm" for all others.
§ 58-5. Term of license.
[Amended on 01-12-09 by Ord. O-08-38]
Unless stated otherwise, the license shall be valid until January 31 following the date of the issuance thereof and shall be invalid thereafter. A license is not transferable and shall be surrendered after expiration before a renewal license can be issued.
§ 58-6. Investigation and issuance.
[Amended 12-28-15]
A. Upon receipt of such application, the original thereof shall be referred immediately by the Township Clerk to the Chief of Police of the Township, who shall cause to be made such investigation as he deems necessary for the protection of the public welfare.
Upon receipt of all completed applications, the Chief of Police shall conduct or cause to be conducted such investigation as he deems necessary to determine the truth and accuracy of the information contained in the application, and the applicant's compliance with this Chapter including the criminal record of the applicant and all employees.
The applicant must be fingerprinted by the Department of Police or its authorized vendor. The applicant and all employees are subject to a background check by Township's police department or its authorized vendor.
The applicant may be refused if such investigation reveals the following:
1. Conviction of any crime or misdemeanor involving arson, aggravated assault; breaking and entering; bribery and corruption; burglary; embezzlement, conspiracy, conversion and misappropriation of funds; extortion; larceny; loan sharking; possession or use of a controlled dangerous substance; and other crimes against the person or crimes involving moral turpitude.; in the last 10 years, or a disorderly persons conviction over the last 3 years.
B. The “Firm” application investigation shall be completed within forty-five (45) days after the receipt of such application, and said Chief shall endorse thereon his approval or disapproval and, if disapproved, his reasons therefore; and he shall immediately notify the applicant that his application has been disapproved; the application, so endorsed, shall be returned forthwith to the Township Clerk. If the Chief of Police does not complete the investigation within the forty-five (45) days, or fails to transmit an approval or disapproval within the forty-five (45) days, the application shall be deemed disapproved. [Updated 7-28-14 by O-14-16]
C. Eliminate entire section.
§ 58-7. Fees.
[Amended 5-20-70 by Ord. No. 392;6-16-78 by Ord. No.0-78-15][Amended on 01-12-09 by Ord. O-08-38
The fees for licenses shall be as set forth below. The initial fee shall include the Firm license plus three (3) individual licenses and photo badges.
TERM OF LICENSE FEE
12 Month License $400.00
6 Month License $250.00
3 Month License $150.00
30 Day License $100.00
1 to 7 Day License $ 50.00
§ 58-8. Badges.
[Amended 5-20-70 by Ord. No. 392; 6-16-78 by Ord. No. 0-78-15]
[Amended on 01-12-09 by Ord. O-08-38]
[Amended 10-27-14 by O-14-16]
A. At the time that the initial license is issued by the Township Clerk, the licensee shall also be given a badge containing the words “Licensed Canvasser/Solicitor”. The license shall be numbered #CS*********. If the licensee is a partnership and/or corporation and has one (1) or more employees or representatives, or an individual having employees or representatives who are to participate in the business or activity for which a license has been issued, that a photo badge shall be issued for such persons or individuals. Temporary badges may be issued. Additional temporary badges may be issued by the Township Clerk Monday through Thursday, said additional badges shall be marked “Temporary” and shall expire in thirty (30) days. All badges must be clearly exhibited on the person.
B. Any issued badge shall remain the property of the Township of Gloucester and shall be returned to the Township Clerk within thirty (30) days following the termination date. Failure to return and issued badge may be reason to deny the issuing of future license(s) badge(s) and shall be a violation of this ordinance.
§ 58-9. Hours of operation.
[Added 12-16-60 by Ord. No. 262; amended 5-20-70 by Ord. No. 392.
The hours of operation by a canvasser or solicitor under this ordinance shall be between 10:00am and 6:00pm local time.
§ 58-10. Severability.
[Added 12-16-60 by Ord. No. 262]
If any provisions of this ordinance or its application to any person or circumstances shall be held invalid, the remainder of the ordinance or the application of the provisions to other persons or circumstances shall not be affected.
§ 58-11. Violations and penalties.
[Amended 5-20-70 by Ord. No. 392.]
Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars ($500.) or imprisonment for not more than ninety (90) days, or both, in the discretion of a court of competent jurisdiction.
§ 58-12. When effective.
This ordinance shall take effect upon final passage and publication as provided by law.
§ 58-13. Inconsistent ordinances repealed.
All ordinances or parts of ordinances inconsistent herewith are, to the extent of such inconsistency, hereby repealed.
ARTICLE II Hawkers, Peddlers and Vendors
ARTICLE II Hawkers, Peddlers and Vendors
[Adopted 10-7-60 as Ord. No. 259]
§ 58-14. Definitions.
When used in this ordinance, the following terms shall have the meanings indicated:
HAWKER, PEDDLER and VENDOR - Includes any person, whether or not a resident of the Township of Gloucester, traveling about the Township of Gloucester either on foot, by vehicle or by any other manner, means or method, who shall go from place to place or street to street conveying or transporting goods, products, wares, merchandise, food or drink or any product thereof, offering or exposing the same for sale or making sales and delivering articles to purchasers.
HIS - Includes "her" or "its."
ITINERANT AND TRANSIENT MERCHANTS AND PEDDLERS - Included in the definition of "hawker, peddler, and vendor" as above set forth.
PERSON - Includes any individual, partnership, partner, corporation or corporations.
VENDING UNIT- shall be a cart, truck or other mode of transporting food, goods or wares for the purpose of hawking, peddling & vending.
[Amended 12-28-15]
§ 58-15. License required.
It shall be unlawful for any hawker, peddler or vendor, as herein defined, to engage in such activity within the Township of Gloucester without first obtaining a license therefor in accordance with the provisions of this ordinance.
§ 58-16. Application.
[Amended 6-16-78 by Ord. No. 0-78-16]
Applicants for a license under this ordinance shall file with the Township Clerk an application, in duplicate, on forms to be furnished by the Township Clerk, that shall give the following information, all of which shall be sworn to:
A. Name and physical description of the applicant.
B. Permanent home address and local mailing address and telephone number, if any, of the applicant; and motor vehicle license and registration if a motor vehicle is to be used in the activity for which the applicant requests a license.
C. A brief description of the business or activity; the goods or items as described in the definition of "hawker, peddler and vendor" in § 58-14 hereof intended to be sold; the name and address of the principal office of the manufacturer thereof and/or of the principal for whom or which such applicant is acting as agent, employee or representative; and the length of time for which such agency, employment or representation has existed, and credentials establishing such relationship.
D. The length of time for which the right to do business is desired, in accordance with the schedule hereinafter set forth, and some reference or evidence which will help to properly evaluate the character and responsibility of the applicant.
E. A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violations of any municipal ordinance, other than a traffic violation; the nature of the offense; the place where convicted; and the punishment or penalty, if any, assessed therefor.
F. If the applicant is a partnership or corporation, then it shall set forth the names of its employees or representatives who are to engage in the business or activity for which the license is requested, as part of its application, and shall furnish the same information for each of such persons as above set forth.
G. Proof of an insurance policy issued by an insurance company licensed to do business in the State of New Jersey protecting the licensee and the Township from all claims or damages to property and bodily injury, including death, which may arise from operations under or in connection with the hawking, vending or peddling. The amounts of the insurance to be maintained are: Personal injury - $l00,000.00 per person; $300,000.00 per occurrence; Property damage - $50,000.00. Such insurance shall provide that the policy shall not terminate or be cancelled prior to the expiration date without thirty (30) days advance written notice to the Township.[Amended 3-25-91 by Ord. 0-91-10]
§ 58-17. Types of licenses.
The license issued shall be classed as "individual" for those issued to individual applicants, and "firm" for all others.
§ 58-18. Terms of licenses.
The applicant shall request a license for the following periods of time:
A. Annual.
B. Semiannual.
C. Quarterly.
D. Monthly.
E. Weekly.
§ 58-19. Investigation and issuance.
[Amended 10-27-14 by Ordinance O-14-16 on]
A. Upon the receipt of such application, the original thereof shall be referred immediately by the Township Clerk to the Chief of Police of the township, who shall cause to be made such investigation of the applicant's business and moral character as he deems necessary for the protection of the public welfare.
The applicant must be fingerprinted by the Department of Police or its authorized vendor. The applicant is subject to a background check by Township's police department or its authorized vendor.
The applicant may be refused if such investigation reveals the following:
1. Conviction of any crime or misdemeanor involving arson, aggravated assault; breaking and entering; bribery and corruption; burglary; embezzlement, conspiracy, conversion and misappropriation of funds; extortion; larceny; loan sharking; possession or use of a controlled dangerous substance; and other crimes against the person or crimes involving moral turpitude.; in the last 10 years, or a disorderly persons conviction over the last 3 years.
2. Conviction of operating a motor vehicle under the influence of an intoxicating liquor or drug (N.J.S.A. 39:4-50) leaving the scene of an accident (N.J.S.A. 39:4-129); failure to report an accident (N.J.S.A. 39:4-130); reckless driving (N.J.S.A. 39:4-96); and possession of a controlled dangerous substance in an automobile (N.J.S.A. 39:4 49.1); in the last 2 years.
B. The “Firm” application investigation shall be completed within forty-five (45) days after the receipt of such application, and said Chief shall endorse thereon his approval or disapproval and, if disapproved, his reasons therefore; and he shall immediately notify the applicant that his application has been disapproved; the application, so endorsed, shall be returned forthwith to the Township Clerk. If the Chief of Police does not complete the investigation within the forty-five (45) days, or fails to transmit an approval or disapproval within the forty-five (45) days, the application shall be deemed disapproved.
C. Eliminate entire section.
§ 58-20. Badges.
[Amended 5-20-70 by Ord. No. 392; 6-16-78 by Ord. No. 0-78-16]
[Amended on 01-12-09 by Ord. O-08-38]
[Amended 10-27-14 by O-14-16]
A. At the time that the initial license is issued by the Township Clerk, the licensee shall also be given a badge containing the words “Licensed Canvasser/Solicitor”. The license shall be numbered #CS*********. If the licensee is a partnership and/or corporation and has one (1) or more employees or representatives, or an individual having employees or representatives who are to participate in the business or activity for which a license has been issued, that a photo badge shall be issued for such persons
or individuals. Temporary badges may be issued. Additional temporary badges may be issued by the Township Clerk Monday through Thursday, said additional badges shall be marked “Temporary” and shall expire in thirty (30) days. All badges must be clearly exhibited on the person.
B. Any issued badge shall remain the property of the Township of Gloucester and shall be returned to the Township Clerk within thirty (30) days following the termination date. Failure to return and issued badge may be reason to deny the issuing of future license(s) badge(s) and shall be a violation of this ordinance.
§ 58-21. Fees.
[Amended 5-20-70 by Ord. No 392] [Amended on 01-12-09 by Ord. O-08-38]
A. The fees for licenses, shall be set forth below. The initial fee shall include the Firm license plus three (3) individual licenses and photo badges.
TERM OF LICENSE FEE
12 Month License $400.00
6 Month License $250.00
3 Month License $150.00
30 Day License $100.00
1 to 7 Day License $ 50.00
B. All licenses shall expire on January 31 of each year. Licenses are not transferable and shall be surrendered after expiration and before a renewal license can be issued. A license shall not be used at any time by any person other than the one to whom the license is issued.
§ 58-22. Exhibition of license.
All persons holding a license shall exhibit it upon the request of any citizen; and while engaged in activity for which the license was issued, each person shall wear and display such photo badge conspicuously on the front of his clothing.
All persons holding a license shall notify the Township Clerk either in writing or in person of any change in business address or residence of said licensee within thirty (30) days of said change. [Amended 3-25-91 by Ord.No 0-91-10]
§ 58-23. Notification to police to engage in licensed activity.
On each day that such licensee or its agents or employees shall travel about the Township of Gloucester to engage in the activity for which the license was issued, the Chief of Police or his representative shall be notified of the intention so to do in order that the Police Chief shall know who is traveling about the township and for what purpose and whether such person is licensed to do so.
§ 58-24. Revocation.
A. Licenses issued under this ordinance may be revoked by the Township Council of the Township of Gloucester after reasonable notice and hearing, for any of the following causes:
1. Misrepresentation, fraud or false statement contained in the application for the license.
2. Misrepresentation, fraud or false statement made in the course of carrying on the activity for which the license was issued.
3.Conviction of any crime or misdemeanor involving moral turpitude.
4. Any violation of this ordinance.
5. Conducting the business of a peddler, as herein defined, in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. Notice of a hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, with postage prepaid thereon, or may be delivered, at the last known address of the licensee, or may be given to the licensee personally at least five (5) days prior to the date of the hearing.
§ 58-25. Health and Sanitation Requirements
Hawkers, peddlers and vendors of food and beverages shall comply with the inspection provisions and standards of the New Jersey State Sanitary Code (in particular N.J.A.C. 8:24-8.l through 9.ll). The equipment used in the vending of food and beverages shall be inspected upon application for registration and receive a Certificate of Inspection upon compliance with all applicable or Township ordinances and State Statutes. Such Certificate shall be clearly displayed on the peddling vehicle or cart. Each food and beverage vending unit shall be inspected at least once a year.[Amended 3-25-91 by Ord. No. 0-91-10]
§ 58-25.1 Safety Requirements
All vending units, whether in motor vehicles or not, in or from which food is prepared or sold, shall comply with the following requirements:
A. All equipment installed in any part of the vending unit shall be secured in order to prevent movement during transit and prevent detachment in the event of a collision or overturn.
B. All utensils shall be stored in order to prevent their being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives.[Amended 3-25-91 by Ord. No.0-91-10]
§ 58-26. Regulations
A. Prohibition of Fixed Location Sales
1. The right to hawk, peddle and vend is the right to go from door to door, place to place selling one's wares not the right to remain indefinitely at a fixed location.
2. A hawker, peddler and vendor shall not sell or offer for sale to the general public any food, goods, wares or merchandise from a fixed location. Hawkers, peddlers and vendors are obligated to move about, going place to place to sell foods, goods, wares and merchandise.
a. A peddler sells or offers for sale from a fixed location if such peddler remains at a fixed location for a period of time of 20 minutes or longer, unless extended as provided below or for special events.
b. The 20 minute time limitation is extended beyond 20 minutes for such period of time that customers are being serviced by the hawker, peddler or vendor wherein the customers or prospective customers:
i. are examining, viewing, handling, testing, pricing, returning, etc. the merchandise, and/or
ii. are seeking information from the peddler, and/or
iii. are making a purchase or sale, and/or
iv. are waiting to be attended by the peddler;
v. The 20 minute time limitation is further extended for such time following a sale or purchase that the hawker, peddler or vendor may need to replace or replenish merchandise, to perform that which is necessary to clean, or straighten-up his cart, merchandise etc., to secure the proceeds of the sale; to file copies of receipts, and other such acts that occur following a sale of merchandise. However, the total time allotted for acts following a sale under this paragraph shall not exceed 10 minutes.
vi. At the expiration of the 20 minutes plus the extended period as provided above the peddler must move from such location to a location at least 25 feet away. Such hawker, peddler or vendor cannot return to within 25 feet of such location for a period of at least one (1) hour. No peddler has the right to any particular location on the public streets and sidewalks or public place.
B. Prohibited Conduct
No Hawker, peddler or vendor shall:
1. Stock or display items to be sold upon the sidewalk, street, right of way, parking lots or vacant lands and premises. All foods, goods, wares and merchandise must be located solely on one vending unit.
2. Stock, display, sell or offer for sale to the general public any foods, wares or merchandise from a fixed location on any public or private property including parking lots, vacant lands and premises or other open areas.
3. Station, place, set up or maintain his vending unit or allow it to remain on any sidewalk in such a way as would
a. substantially restrict, obstruct, interfere with or impede the pedestrian's right of way;
b. substantially restrict, obstruct, interfere with or impede the ingress or egress from the abutting property;
c. create or become a nuisance;
d. increase traffic congestion, cause or increase traffic delay or hazards;
e. cause or create or constitute a danger to life, health or property;
f. sell food, drinks, ice cream or confections of any kind for immediate consumption unless he has available for public use his own litter receptacle which must be attached to his cart or vehicle which shall be clearly marked and maintained for his patronage use, nor shall any peddler leave any location without first picking up, removing and disposing of any trash or refuse remaining from sales made by him.
4. Station, place set up or maintain his vending unit or goods against display windows of fixed location businesses, nor shall they be within 20 feet from an entrance way to any building, store, theater, library, school, museum, movie house, sports arena or other place of public assembly.
5. Place a vehicle or cart or conduct a general peddling business at a location in the street where stopping, standing or parking is prohibited, or being a time period when stopping standing or parking is restricted.
6. Violate any traffic parking law, ordinance or regulation, or operate in such a manner as to restrict the continued maintenance of a clear passageway for vehicles.
7. Station, place, set up or maintain his cart or his goods, wares, or merchandise, or allow them to remain on any part of the sidewalk for sale or display or be sold if to do so would place the seller or his goods, wares, or merchandise closer than l0 feet from intersecting streets or sidewalks.
8. Station, place, set up or maintain his cart or allow it to remain on any sidewalk if to do so would obstruct pedestrian right of way.
9. Engage in the business of peddling within l0 feet of any location where the curb has been depressed to facilitate pedestrian or vehicle movement.
10. Engage in the business of peddling on any sidewalk or along any street which has been designated as a bus stop. For the purposes of this act, the word bus stop shall include the sidewalk and the adjoining street where that street has been designated as a bus stop.
11. Engage in the business of peddling on any sidewalk or along any street within 15 feet of any fire hydrant, crosswalk or driveway or within two hundred(200)feet of the grounds of any school between one half hour prior to the school day and one half hour after dismissal at the end of the school day and within two hundred (200) feet of the grounds of any church, synagogue or other house of worship while same is in session.
12. Station, place set up or maintain his cart or vending unit or allow the same to remain on any sidewalk or right of way if to do so would place him closer than 30 feet to any other peddler who is selling on the sidewalk if not separated by a public street.
13. Station, place, set up or maintain his cart or vending unit on the sidewalk or allow it to remain there except at the curb line for the purpose of selling goods, wares or merchandise therefrom.
14. Use any vending unit which, fully loaded with merchandise, cannot be easily moved and maintained under control by the licensee, his employee or attendants.
15. Leave any cart or vending unit unattended at any time or store, place or lease the same overnight on any sidewalk or public way of the city.
16. Use, set up, attach, place or permit the use of any table, crate, carton, rack, device or structure of any kind to increase the selling or display capacity of his vending unit.
17. Solicit or conduct business with or sell to persons in motor vehicles.
18. Engage in the business of selling at any location without giving a written receipt to each customer, or engage in the business of selling at any location without maintaining on his person or on the cart or vehicle receipts showing the sales made during the preceding week. The receipts shall show clearly the seller's name, business address, license number, a description of the merchandise sold, and the purchase price and shall be sequentially numbered.
19. 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 the attention of the public.[Amended 3-25-91 Ord. No. 0-91-10]
§ 58-27. Hours of operation.
The hours of operation by a hawker, peddler or vendor under this ordinance shall be between 9:00am and 9:00pm local time.
§ 58-27.1 Door to Door Sales
This amended Ordinance does not prohibit peddlers, solicitors, canvassers, or transient merchants from selling merchandise from door to door wherein such sales are to the owners or occupiers of dwellings or buildings wherein such sales and the delivery of merchandise occurs on the private property of such owners and/or occupiers. [Amended 3-25-91 Ord. No. 0-91-10]
§ 58-28. Exceptions.
A. This ordinance shall not be construed as to apply to the selling of any item or article at wholesale to dealers in such articles or items, or to the delivery of milk, eggs, bread, butter or newspapers or to other articles or items of food or merchandise of a type which are generally considered as household necessities and that are commonly delivered on a house-to-house basis at intervals of a week or less.
B. Any persons possessing a valid special license properly issued pursuant to the provisions of N.J.S.A. 45:24-9 et seq. shall be exempt from obtaining the license issued by the municipality or paying the fee therefor. Prior to engaging in hawking, peddling or vending pursuant to such special license within the Township of Gloucester the person holding such special license shall produce and exhibit the same to the Township Clerk and complete and sign a registration form providing all necessary information for the issuance of a municipal badge, whereupon the Township Clerk shall issue a badge without charge. The person holding said special license, however, shall be required to comply with all other applicable regulatory provisions of this Ordinance. [Amended 3-25-91 Or. No. 0-91-10] permit, which will be issued by the Township Clerk without charge upon identification and exhibition of such state license. [Amended 6-16-78 by Ord. No. 0-78-16]
C. Nonprofit organizations.[Amended 6-16-78 by Ord. No. 0-78-16]
1. Any nonprofit religious, charitable, educational, political, civic or veterans organization, society, association or club desiring to sell any item or merchandise for a religious, charitable, patriotic, educational, civic or philanthropic purpose shall be exempt from the provisions of § 58-16, 58-17, 58-18, 58-19, 58-20, 58-21 and 58-22 of this ordinance, provided that there is filed a sworn application in writing with the Township Clerk or Chief of Police, either by the individual so doing, if done on an individual basis, or by the one in charge thereof, if being done on a group basis by numerous individuals as agents or employees, who shall give the following information:
a. Name of the individual or organization and purpose of the cause for which the permit is sought.
b. Names and addresses of the individual officers and directors or trustees of the organization and the address of such organization.
2. Upon being satisfied that such person is a bona fide representative of such an organization or that such organization, as aforesaid, is bona fide, and that the agents or representatives who shall conduct the trans actions are approved representatives, the Township Clerk shall issue a permit without charge to such organization, association or corporation to operate in the township. Such organization shall supply its agents, representative or employees with a badge or ribbon containing the name of such organization, which shall be worn and conspicuously displayed on the front of the clothing of such agent, representative or employee.
D. Any person who conducts a judicial sale under the state or national laws.
E. Residents of New Jersey who hold an exemption certificate as an exempt member of a volunteer fire department or volunteer fire engine, hook and ladder, hose, supply company or salvage corps, from any municipality or fire district of New Jersey.
F. Persons engaged in the sale of food, goods, wares or merchandise at governmental sponsored or approved events such as "Gloucester Township Day" provided said persons have been approved to participate by the appropriate official designated for such purpose.
§ 58-29. Severability.
If any of the provisions of this ordinance or its application to any person or circumstances shall be held invalid, the remainder of the ordinance or the application of the provisions to other persons or circumstances shall not be affected.
§ 58-30. Violations and penalties.
Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars ($500.) or imprisonment for not more than ninety (90) days, or both in the discretion of a court of competent jurisdiction.
§ 58-31. When effective.
This ordinance shall take effect upon final passage and publication as provided by law.
§ 58-32. Inconsistent ordinances repealed.
All ordinances or parts of ordinances inconsistent herewith are to the extent of such inconsistency, hereby repealed.
---------------------------------
Editor's Note: This section amended upon adoption of the Code, See Ch. 1, General Provisions, Article I, Adoption of Code.
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