[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood 3-9-1983 as Ord. No. 83-02R. Amendments noted where applicable.]

GENERAL REFERENCES
Business, trade or occupation licensing -- See Ch. 50.
Solicitors and canvassers -- See Ch. 76.

Be it ordained by the Mayor and Council of the Borough of Fanwood, in the County of Union:

§64-1. Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
FOOD PEDDLER -- A peddler whose activities are limited solely to the sale or distribution of food items from a truck, van, cart or other type of vehicle.

PEDDLER -- A person commonly referred to either as a peddler or hawker, who goes place to place and carries with him food, goods, wares and merchandise for the purpose of selling and delivering them to purchasers.

PEDDLER'S AGENT -- Anyone who engages in the business of a peddler from a licensed vehicle, but who is not the owner or lessee of the vehicle.

§64-2. License required; exceptions.
A. No peddler, peddler's agent or food peddler shall offer for sale any goods, wares, merchandise or food without first obtaining a license from the Mayor and Council or its official designee.

B. This Section shall not apply to:
(1) Distributors of newspapers or written matter dealing solely with religious, educational or similar subjects not of a commercial nature.
(2) Persons selling or distributing food items in sealed containers either for sale on a regularly scheduled future basis to the property resident or for organizations that have qualified for exemption under the provisions of the New Jersey Sales and Use Act, N.J.R. S. 54:32B-9 which latter provisions may be waived by the Chief of Police if such sale or distribution is temporary in nature and for a charitable purpose.
(3) Peddlers who have subcontracted selling space from a duly constituted nonprofit corporation which is engaged in a charitable one-day event (i.e., flea market).

§64-3. Licensing of vehicle.
A. If a peddler operates more than one (1) vehicle for peddling, a separate license shall be obtained for each vehicle.

B. No more than two (2) licenses shall be allowed for any one (1) owner.

C. No license shall be issued until said peddler produces evidence of valid, current automobile insurance coverage for each vehicle to be licensed.

§64-4. Application for license.
A. The application for a license shall be in writing and signed by the applicant. It shall be accompanied by a fee of fifty dollars ($50.) and filed with the Borough Clerk at least four (4) days prior to a regular Council meeting.

B. The application for license shall:
(1) State the name, age and permanent home address of the applicant.
(2) Be accompanied by a certificate from the Board of Health for each vehicle if food is offered for sale.
(3) State the number and nature of any arrests or convictions.
(4) State the purpose of the license.
(5) State the nature of the merchandise to be sold or offered for sale.
(6) If a vehicle is to be used in connection with the business, state a description of the vehicle; and evidence of current automobile insurance must be presented.
(7) State the names of two (2) reputable citizens to whom reference may be made as to the character and fitness of the applicant.

§64-5. Conditions for granting license.
The Mayor and Council is authorized to grant a license under this Chapter to any person:
(1) Of good moral character;
(2) Who has never been convicted of a crime involving moral turpitude, or a violation of any state or federal law or any disorderly conduct provision; and
(3) Who has complied fully with this Chapter.

§64-6. Duration of license.
A peddler's license shall be issued for the period of one (1) year from March 1 to the last day of February of the following year.

§64-7. Transferability of licenses.
A. These licenses shall not be transferable from one person to another person.

B. If a peddler ceases to use the vehicle described in his license and desires to substitute another vehicle, he shall:
(1) Notify the Mayor and Council through the Borough Clerk.
(2) Furnish the Mayor and Council with a description of the vehicle to be substituted, together with evidence of valid, current automobile insurance coverage.

§64-8. Display of licenses.
A. The license shall be carried upon the person of the licensee at all times when the licensee is engaged in the licensed business

B. In the case of a peddler with a vehicle, the license shall be displayed upon the vehicle at all times when the vehicle is engaged in the licensed business.

§64-9. Hours of business.
No licensee or licensee's agent shall sell or offer for sale any goods, wares, services, food or merchandise at any time other than 8:00 a.m. to 8:30 p.m.

§64-10. Entry upon private property.
No licensee or licensee's agent shall enter any private property for the purpose of selling or offering for sale any goods, wares, food, merchandise or service if the property owner has indicated, by posting or other notice, his desire to prohibit such entry.

§64-11. Restrictions for conduct of business.
A. The licensee or licensee's agent will not conduct its business within fifty (50) feet of any municipally owned property, other than a public park.

B. The licensee or licensee's agent will not conduct its business within two hundred (200) feet of any other retailer located in the borough, who is engaged in selling the same product as the licensee.

C. The licensee or licensee's agent will not conduct its business within one hundred (100) feet of churches or church property on Sundays prior to 1:30 p.m.

D. Licensee or licensee's agent will limit the time he remains stationary to twenty (20) minutes and must move a minimum distance of fifty (50) feet at each time interval.

§64-12. Violations and penalties.
Any person who shall violate any provision of this Chapter shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars ($500.) or by imprisonment in the county jail for a term not exceeding ninety (90) days, or by having a license issued hereunder immediately revoked, thereby necessitating the cessation of any peddling, or any combination of the foregoing.

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NOTE: On-line forms and instructions are provided as a convience to interested parties. They are believed - but not guaranteed - to be complete and accurate. The rules as official adopted by the Borough of Fanwood and available ot Borough Hall always preempt those provided on line. If you need clarification or have any questions, please feel free to Contact Us. Posted 2001-June-03.