[Amended 1-23-2017 by Ord. No. 001-2017; 6-20-2022 by Ord. No. 012-2022]
A. This article shall not be construed as to apply to the selling of any item or article at wholesale to dealers of such articles or items, or to the delivery of milk, eggs, bread, butter, 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 to a house at intervals of a week or less.
B. A veteran with proper credentials is not subject to payment of fees or location of sale restrictions but is subject to police investigation and all other sections herein. The veteran making application must be the registered owner of the food truck, cart or vehicle or other conveyance, the person named on Tax ID, the person named on certificate of insurance and the person conducting the sale and he/she must be present at all times. Any person using a veteran to make application on their behalf, will be guilty of a crime in the fourth degree per N.J.S.A. 45:24-9 and subject to a local fine of $1,000.00.
C. Nonprofit groups.
(1) Any nonprofit religious, charitable, educational, political, civic or veterans' organization, society, association or club desiring to sell any item or merchandise as defined in § 204-15 for a religious, charitable, patriotic, educational, civil or philanthropic purpose shall be exempt from the provisions of §§ 204-17 and 204-19 of this article, provided there is a filed, sworn application, in writing, with the Town Clerk, either by the individual 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 the 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 addresses of such organization.
(c) The location or locations of the property to be utilized in conducting the sales activity, if applicable.
(d) The length of time anticipated to conduct the activity.
(e) Proof of permission to use the property or location.
(f) A sketch plan of the site where the activity is to be conducted in order for the Town to determine the safety of the location.
(g) Compliance with § 204-18M through R on use of temporary signs.
(h) A statement that the site will be maintained properly during the activity and that any trash and/or refuse will be removed and properly disposed of within 48 hours following use of the site.
(i) Submission of proof of nonprofit status under state regulations and Internal Revenue Service regulation.
(2) Upon submission of the requirements found in Subsection C(1) above, and 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 transactions are approved representatives, the Town Clerk shall issue a permit, without charge to such organization, association or corporation, to operate in the Town. Such organization shall supply its agents, representatives or employees with a badge or ribbon containing the names of such organization, which shall be worn and conspicuously displayed on the front of the clothing of such agent, representative or employee.
D. All event coordinators and veteran attendees shall be subject to N.J.S.A. 45:24-9. The Municipal Clerk shall notify the event coordinator of this law upon Mayor and Council's approval of the special event.
E. Per N.J.S.A. 45:24-9 any licensee who shall sell or transfer such license shall be guilty of a crime of the fourth degree and punished accordingly.