Township of Marlboro, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Marlboro 7-8-1970 by Ord. No. 15-70 (Ch. 110 of the 1981 Code). Amendments noted where applicable.]

§ 271-1 License required.

It shall be unlawful for any person, firm or corporation, except those exempted under N.J.S.A. 45:24-9 et seq., to engage in the business of peddling, hawking, canvassing or soliciting within the corporate limits of the Township of Marlboro without first obtaining a municipal license therefor.

§ 271-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CANVASSER or SOLICITOR
Any individual traveling either by foot or by vehicle from place to place, from house to house or from street to street taking or attempting to take orders for the sale of goods, wares, merchandise and personal property of any nature whatsoever for future delivery or for service to be furnished or performed in the future, whether or not such individual has, carries or exposes a sample of the subject of such sale or whether he is collecting advance payment on such sales.
HAWKER
An individual who either remains in one place or moves from place to place or along the streets of the municipality selling the goods which he carries with him and attracting attention by outcry, ringing of bells, blowing horns or other loud noises or by waving placards or displaying goods in the street or other public place at other than a permanent building.
PEDDLER
An individual who sells small wares at retail which he carries with him in traveling about from place to place.

§ 271-3 Application for license.

[Amended 12-10-1981 by Ord. No. 47-81]
A. 
Application for a license to canvass, solicit, peddle or hawk shall be made to the Business Administrator of the Township of Marlboro upon forms provided by the Township of Marlboro.
B. 
The application herein required shall contain the following information:
(1) 
Name and permanent home address of the applicant.
(2) 
Name and permanent address of the employer or firm represented.
(3) 
Place or places of residence of the applicant for the preceding three years.
(4) 
Date on which the soliciting, canvassing, hawking or peddling is to begin and length of time such business is to be carried on within the Township of Marlboro.
(5) 
Nature of merchandise to be sold or offered for sale or the nature of the service to be furnished.
(6) 
Whether or not the applicant has ever been convicted of any crime, misdemeanor or any violation of any ordinance concerning canvassing, soliciting, hawking or peddling and, if so, when, where and the nature of the offense.
C. 
The application shall also be accompanied by a letter or other written statement from the individual, firm or corporation employing the applicant, certifying that the applicant is authorized to act as the employer's representative.
D. 
The application shall also be accompanied by a statement to the effect that, if the license is approved, it will not be used or represented in any way as an endorsement of the proposed canvasser, peddler, solicitor or hawker by the Township of Marlboro or by any of its officers or departments.
E. 
The applicant shall also supply such other information as may be reasonably required by the Business Administrator and/or the Chief of Police of the Township of Marlboro in order to determine the truth or validity of the statements contained in the application.
F. 
If, while the application is pending or during the term of any license thereunder, there is any change in fact, policy or method that would alter the information given in the application, the applicant shall notify the Business Administrator in writing within 24 hours after such change.
G. 
The applicant shall supply three photographs, two inches wide by two inches high, showing the head and shoulders of the applicant, before a permit shall be issued, and one photograph shall be attached to the permit.
[Added 7-14-2011 by Ord. No. 2011-17]
H. 
Each applicant shall arrange an appointment with the private fingerprinting vendor authorized by the State of New Jersey Department of Education. Fingerprinting shall be at the cost of the applicant.
[Added 7-14-2011 by Ord. No. 2011-17]

§ 271-4 Investigation and approval of application.

[Amended 12-10-1981 by Ord. No. 47-81]
A. 
Immediately upon receipt of the application, the Business Administrator shall make such investigation of the application as necessary for the protection of the public good. The Business Administrator, if he so desires, may request the Chief of Police or any other officials of the municipality to investigate the applicant or any of the solicitors to satisfy him concerning the truth of the information contained in the application.
B. 
The Business Administrator shall have the right to impose alternate dates for the solicitation if the requested dates should conflict with other solicitations being conducted within the Township.
C. 
If the application is disapproved, a notification of that decision shall immediately be sent to the applicant by the Business Administrator, stating the reasons for such disapproval.
D. 
If the application shall be approved, the Business Administrator shall immediately notify the applicant of such approval, and a copy of such notification shall be forwarded to the Chief of Police of the Township of Marlboro.
E. 
An application for a renewal of a license obtained in a previous calendar year shall be made to the Business Administrator, and, if there have been no violations by such applicant and no complaints received relating to solicitations conducted by the applicant in the previous calendar year, then the Business Administrator, upon receipt of the proper application fee, may issue a renewal license.

§ 271-5 Fees.

[Amended 12-10-1981 by Ord. No. 47-81]
A. 
Upon filing of the application, a fee of $50 shall be paid to the Business Administrator of the Township of Marlboro for the use of the Township of Marlboro to defray the cost of processing each application.
[Amended 7-14-2011 by Ord. No. 2011-17]
B. 
The license issued under this chapter shall bear the name and address of the person or organization of whose behalf the canvassing, soliciting, peddling or hawking is being made and the name of the person using the specific license, the date issued and the dates within which the holder may conduct such canvassing, soliciting, peddling or hawking. All licenses must be signed by the Business Administrator and must be conspicuously displayed by the individual using such license.
[Amended 7-14-2011 by Ord. No. 2011-17]
C. 
No license may grant the right to canvass, solicit, peddle or hawk for a period longer than 90 consecutive days, but the payment of the fee of $25 shall entitle the applicant to subsequent licenses, at no additional cost, not to exceed 90 days, provided that the same are obtained within the calendar year in which the twenty-five-dollar fee has been paid.
D. 
Any license issued hereunder shall be nontransferable and shall be returned to the Business Administrator within two days after its expiration.

§ 271-6 Hours of canvassing, soliciting, peddling or hawking.

A. 
All activities conducted under the authority of this chapter shall take place between the hours of 10:00 a.m. and 9:00 p.m. No activity shall be conducted on legal holidays and Sundays. A canvasser, solicitor, peddler or hawker shall not enter or remain upon any resident's property upon which it is posted that solicitors are not permitted or a notice of similar content.
[Amended 5-14-1987 by Ord. No. 15-87]
B. 
Any person or organization desiring to canvass, solicit, peddle or hawk at hours or days other than those stated herein shall make special request therefor on his application, and such special request shall be approved or disapproved by a majority vote of the Township Council of the Township of Marlboro.

§ 271-7 Duty to enforce.

It shall be the duty of any police officer of the Township of Marlboro to require any person observed to be canvassing, soliciting, peddling or hawking and who is unknown to such officer to be duly licensed to produce his or her license, and the Police Department of the Township of Marlboro shall be charged with the enforcement of the provisions of this chapter against any person or persons found to be violating the same.

§ 271-8 Records.

[Amended 12-10-1981 by Ord. No. 47-81]
The Business Administrator shall maintain a record of each license issued under the provisions of this chapter showing the dates when such canvassing, soliciting, peddling or hawking is to be conducted and the organization for whose benefit the canvassing, soliciting, peddling or hawking is made, together with any formal complaint made against the licensee, agent or employee for the activities within the Township of Marlboro. A duplicate copy of this record shall be forwarded to the Chief of Police.

§ 271-9 Revocation of license.

[Amended 12-10-1981 by Ord. No. 47-81]
The Business Administrator of the Township of Marlboro reserves the right to revoke and/or rescind any license granted hereunder if the person or organization with such license shall be found:
A. 
Using false or fraudulent statements in obtaining such license.
B. 
Using false or fraudulent statements or other misrepresentation in the course of carrying on business under such license.
C. 
Conducting the business of canvassing, soliciting, peddling or hawking in an unlawful manner or in such a manner as to constitute a breach of the peace or nuisance or a menace to the health, safety or general welfare of the residents of the Township of Marlboro.

§ 271-10 Exceptions to regulations.

[Amended 12-10-1981 by Ord. No. 47-81]
A. 
This chapter shall not be construed to include the selling of any article at wholesale to dealers in such articles or the delivery of milk, eggs, bread, newspaper or such other necessary and perishable articles of food or merchandise of a type commonly delivered on a house-to-house basis at intervals of less than one week or the selling of products actually grown by the seller, but the foregoing shall be subject to any and all regulations, statutes and ordinances concerning food handling and food handlers and all other applicable ordinances, regulations and statutes of the Township and state.
B. 
Federal census takers and polls or surveys taken pursuant to federal, state or local law shall not be prohibited by this chapter.
C. 
Any veteran or volunteer fireman who holds a special license issued pursuant to N.J.S.A. 45:24-9, as may be supplemented and amended, shall be exempt from the fee, but shall be required to comply with all other applicable sections of this chapter.
D. 
Any nonprofit, religious, charitable, civic or veterans organization, service club, volunteer fire or first aid company desiring to solicit or have solicited in its name money, donations or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged shall be exempt from the provisions of §§ 271-3H and 271-5A, provided that there is filed a sworn application in writing with the Business Administrator containing the following information:
[Amended 7-14-2011 by Ord. No. 2011-17]
(1) 
Name and address of the organization.
(2) 
Purpose for which the special permit is requested.
(3) 
Names and addresses of the officers and directors of the organization.
(4) 
Period during which solicitation is to be carried on.
E. 
Upon being satisfied that such person, organization or association is bona fide, the Business Administrator shall issue a special permit without charge for a specified period.

§ 271-11 Violations and penalties.

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in § 4-3 of the Code.