Borough of Northvale, NJ Chapter 140 Peddling and Soliciting

[HISTORY: Adopted by the Mayor and Council of the Borough of Northvale 9-12-1951 as Ord. No. 206 (Ch. 45 of the 1969 Code). Amendments noted where applicable.]

§ 140-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

NONPROFIT-MAKING VENDOR

A person who sells goods, the proceeds of which are devoted exclusively to the purposes of a philanthropic, charitable or religious society on whose behalf he acts as an agent without pay.

PEDDLER

A person, commonly referred to either as a "peddler" or "hawker," who goes from place to place by traveling on the streets, or from house to house, and carries his goods, wares and merchandise for the purpose of selling and delivering them to consumers. A "peddler" shall also be construed as a person who goes from place to place by traveling on the streets, or from house to house, for the purpose of purchasing goods in said places or houses, including a purchase of junk or any household goods.

PERSON

An individual, firm, partnership, corporation, voluntary association, incorporated association and a principal or agent thereof.

SOLICITOR

A person selling goods by sample or taking orders for future delivery with or without accepting an advance payment for the goods.

§ 140-2 Purpose. [1]

The purpose of this chapter is to prevent unfair competition and dishonest business practices by the regulation of hawkers, peddlers and itinerant vendors and by the imposition of license fees, which licenses shall be issued without payment of fees to solicitors and nonprofit-making vendors.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 140-3 License required.

It shall be unlawful for any hawker, peddler, solicitor or nonprofit-making vendor to sell or dispose of or offer to sell or dispose of any goods, wares or merchandise within the Borough of Northvale without first obtaining a license and having paid the license fee hereinafter prescribed. It shall be unlawful for any peddler, as defined above, to purchase or offer to purchase any junk or any other goods, wares or merchandise within the Borough of Northvale without first obtaining a license and paying the license fee hereinafter prescribed.

§ 140-4 Exemptions from payment of license fees.

A. The requirement to pay a license fee under this chapter shall be held not to include the following persons, who are expressly exempt from the payment of the license fee:

(1) Any person selling fruits, vegetables and farm products produced on the farm operated by the vendor or a member of his family, provided that proof of such fact is submitted to the Borough Clerk before the sale thereof.

(2) Every person who has been honorably discharged from the active military service of the United States, who is a resident of this state.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

(3) Any blind person who is a resident of this municipality.

(4) Any person who conducts a sale pursuant to statute or court order.

(5) Every exempt member of a volunteer fire department, volunteer fire engine, hook and ladder, hose, supply company or salvage corps of any municipality or fire district in this state who holds an exemption certificate issued to him as an exempt member of any such department, company or corps and who is a resident of this state.[2]

[2] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. See N.J.S.A. 45:24-9.

B. Nothing stated in this section shall be construed to exempt any person from any provision of this chapter except the license fee as stated above.

§ 140-5 License application.

A. Any person desiring a license shall file with the Borough Clerk an application blank. The blanks shall contain the following information for all license classes:

[Amended 7-10-2019 by Ord. No. 998-2019]

(1) The name of the applicant.

(2) His permanent home residence.

(3) The name and address of the firm represented.

(4) Three business references.

(5) The place or places of residence of the applicant for the preceding three years.

(6) The length of time for which the license is desired.

(7) A description of the wares to be offered for sale.

(8) A statement of whether the applicant has been convicted of any crime/disorderly person offense or petty disorderly person offense involving deceptive business practices or fraud.

(9) Photo I.D.

(10) Motor vehicle registration number and the make/model of any vehicle used by the applicant in connection with the peddling/solicitation.

B. To the application must be appended a letter from the firm for which he purports to work, authorizing the applicant to act as its representative.

§ 140-6 Verification of information; issuance; transferability.

[Amended 7-10-2019 by Ord. No. 998-2019]

A. Following the filing of the application, the Chief of Police shall review the application statement within three business days to determine its compliance with the terms of this chapter and shall signify his approval or rejection on the reverse side of the form. Upon verification of the application and payment of the prescribed fee, the license therewith shall be issued by the Borough Clerk within one business day.

B. For all licenses, the license issued shall not authorize any person except the designated person named in said license to engage in business thereunder. Said license shall not be transferable from the person to whom issued to any other person without the consent of the Mayor and Council. A separate license must be obtained by a licensed peddler for every agent or employee working for him.

§ 140-7 Issuance of licenses; identification button.

A. All licenses shall be issued on forms drawn in accordance with this chapter. They shall be printed in book form, with corresponding stubs, and shall be consecutively numbered. The license shall contain suitable blank space for writing in the name, the location of the business and the amount of fee paid.

B. The licensee may also be required to wear an identification button of a type designated by the Mayor and Council.

§ 140-8 Availability of license.

Every person holding a license under this chapter shall be required to carry the license with him or at his business premises while engaged in the business licensed. He must produce the license at the request of any official of the Borough of Northvale.

§ 140-9 License fees; expiration of license.

License fees under the terms of this chapter shall be $25 per year or a fractional part thereof, which license shall expire and terminate on December 31 of the year in which issued. No person licensed under this chapter shall be entitled to use more than one automobile, car, wagon or other vehicle for the business which said license relates without paying an additional license fee of $10 for each additional vehicle so used.

§ 140-10 Revocation or suspension of license.

A license may be revoked by the Mayor and Council by reason of the violation of the terms of the license, the violation of any municipal ordinance or state or federal statute or falsification in applying for a license. The licensed person must be granted a hearing by the Council upon his request. A license may be suspended for not more than two weeks by the issuing officer without a hearing.

§ 140-11 Violations and penalties. [1]

Any person or persons, firm or corporation who or which violates any provision of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalties.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.