[HISTORY: Adopted by the Mayor and Council of the Borough
of Swedesboro 4-4-2011 by Ord. No. 2-2011. Amendments noted where
applicable.]
GENERAL REFERENCES
Fees — See Ch. 140.
This chapter is adopted to regulate the distribution of certain
materials and peddling, soliciting and related activities within the
Borough. The licensing of persons engaged in the above-mentioned activities
is required so that the identity of persons going door-to-door or
distributing materials or food and beverages within the Borough may
be established, so that general regulations may be more effectively
enforced for the protection and maintenance of the health, safety
and welfare of the inhabitants of the Borough and to prevent dishonest
business practices and dishonest solicitation of funds in the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
One who is not in business of selling goods, but one who
makes surveys for research purposes, analyses, opinion polls, rating
data and any such similar work which by its nature involves a door-to-door
or place-to-place activity, and shall include persons going from door
to door or place to place for the purpose of contributions, donations
or alms for any persons or organization, or distribution of circulars.
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed materials, farm products, services
and orders or contracts for services, home improvements or alterations
and anything that may be sold or distributed by peddlers or solicitors.
Any person, whether a resident of the Borough or not, who
goes from house to house, from place to place or from street to street,
or whether stationary or traveling by foot, automotive vehicle or
any other type of conveyance, carrying or transporting merchandise
for the purpose of selling and delivering the merchandise to customers.
The word "peddler" shall also include the words hawker and huckster.
Any person, whether a resident of the Borough or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
soliciting or attempting to take orders for the sale of merchandise
or services of any kind for future performance or delivery, whether
or not such individual has, carries or exposes for sale a sample of
the merchandise or services, and whether or not he/she is collecting
advance payments on such sales or orders, or who engages in any of
the foregoing activities from a stationary location on any street
or any public place. The word "solicitor" shall also include the word
"canvasser."
Any person engaging in the activity commonly referred to
as "transient merchant" or "itinerant vendor" who merchandises or
sells with the intent to close out or discontinue such business within
a period of one year from the date of commencement and occupies a
room, building, tent, lot or other premises for the purpose of selling
merchandise.
A.
It shall be unlawful for any person, peddler, solicitor, distributor
or transient merchant to sell, offer for sale, hawk, peddle, solicit
or canvass, or distribute merchandise, printed material or services
within the Borough without first securing a license from the Borough
Clerk by filing an application for license, filing the required bond,
paying the license fee and obtaining a license from the Clerk.
B.
In addition to the required mercantile license, the applicant may
need a license from the Swedesboro Borough Board of Health if the
applicant is selling consumable goods.
Upon obtaining a license as hereinafter provided, a peddler,
solicitor or transient merchant may conduct his/her activities within
the Borough only as long as he/she adheres to the regulations set
forth herein and carries the license upon his/her person at all times
during the conduct of his/her activities. The license shall identify
the person and the type of activity for which he/she has registered
and shall be shown to any Borough official upon request.
All licenses shall expire December 31 of the calendar year in
which they are issued. A separate license shall be required for each
vehicle and each individual in said vehicle.
This chapter shall not apply to:
A.
Any veteran or exempt fire fighter who holds a special state license.
B.
Any person soliciting a vote or support for any political candidate
or program.
C.
Any person soliciting for a bona fide charitable, religious, patriotic,
community service or philanthropic purpose or organization.
D.
Any person engaged in delivering wares, goods or merchandise or articles
or things in the regular course of business to the premises of the
person ordering or entitled to receive the same.
E.
Wholesale salespeople calling on businesses.
F.
Public utilities or their employees, provided that such public utility
is subject to regulation by the State Board of Regulatory Commissioners,
and provided that such employees display the identification badge
or card issued by their employer.
Each applicant shall file with the Borough Clerk an application,
in writing, which shall give the following information:
A.
The name of the applicant and of all persons associated with the
applicant in this business.
B.
The type of business for which the license is desired.
C.
In case of transient merchants, the place where the business is to
be carried on.
D.
The length of time for which the license is desired.
E.
The present place of business of the applicant.
F.
The places of residence of the applicant for the two years last past.
G.
Two business references located in the State of New Jersey or, in
lieu thereof, such other available evidence of the character and business
responsibility of the applicant.
A.
The Borough Clerk shall issue the license within a period of 10 days
of the date of receiving the application, provided that the application
is complete and that there is nothing in the application to indicate
that the applicant's character or business responsibility is other
than satisfactory for carrying on such business within the Borough.
In the event that the application is rejected, the Borough Clerk shall
note such rejection on the application and return it to the applicant.
B.
When the mercantile license is for the sale of food, the issuance
is predicated upon a satisfactory County Board of Health inspection.
Before the license shall be issued, the applicant shall execute
and deliver to the Borough Clerk a good and sufficient bond with a
good and sufficient surety in an amount of $200. Such bond shall remain
in force for one year from the date of issuance and shall be conditioned
to indemnify and pay the Borough of Swedesboro any penalties or costs
incurred in the enforcement of any of the provisions of this chapter
and to indemnify or reimburse any purchaser of personal property in
a sum equal to at least the amount of any payment such purchaser may
have been induced to make through the misrepresentation as to the
kind, quality or value of the personal property and to indemnify or
reimburse any such purchaser in an amount equal to at least the amount
of any payment such a purchaser may have made to a licensee for personal
property or products the delivery of which is not made as represented
by the licensee.
The fee for licenses under this chapter shall be as set forth in Chapter 140, Fees. All license fees are nonrefundable.
[Amended 2-18-2020 by Ord. No. 3-2020]
Persons duly licensed shall hawk, peddle and/or solicit between
the hours of 9:00 a.m. until dusk, with the exception of Borough-sponsored
events.
No license issued under the provisions of this chapter shall
be used at any time by any person other than the one to whom it was
issued.
Every license shall remain in force and be valid only for the
time thereon expressed. All yearly licenses shall run until December
31 of any given year. All monthly licenses shall run until the last
day of the month in which the license was issued.
No licensee shall:
A.
Attempt to peddle, solicit or distribute merchandise or printed material
without first having identified himself/herself as a peddler, solicitor
or distributor registered with the Borough and displaying his/her
license.
B.
Have exclusive right to any location in the public streets or operate
in any congested area in such a manner as to impede the flow of traffic
or of pedestrians or create a breach of the peace.
C.
Enter or attempt to enter the land of any resident in the Borough
without written authorization from the landowner.
D.
Refuse to leave any private dwelling or property after having been
once requested to do so by the owner or occupant thereof.
E.
Utilize a device that could be construed as disturbance of the peace.
F.
Distribute obscene merchandise or printed material or that which
advocates unlawful conduct.
G.
Litter the streets, public places or public or private property within
the Borough with any merchandise or printed material.
A.
No person, except as provided herein, shall canvass, distribute circulars
or other matter or call door to door or place to place in the Borough
without first registering with the Borough Clerk.
B.
Exemption. Distribution of newspapers, supplements thereto and advertising
circulars and canvassing by political candidates or other persons
campaigning in regard to public questions are hereby exempt from the
provisions of this chapter, subject, however, to the requirements
requiring that all circulars or samples be left in a secure place
on the premises.
Each registrant, at the time of registering, shall file with
the Borough Clerk an application, in writing, which shall give the
following information:
A.
Name, age and physical description of the applicant.
B.
Complete permanent home and local address of the applicant.
C.
Name and address of the organization or person for whom the solicitation
is being made.
D.
Description of the nature of the business and the goods, services
or wares to be sold and sufficient information to determine whether
or not the business to be transacted is interstate or intrastate commerce.
E.
Two photographs of the applicant, which shall be approximately 2 1/2
inches by 1 1/2 inches in size, showing the head and shoulders
of the applicant in a clear and distinguishing manner.
F.
A statement as to whether or not the applicant has been convicted
of a crime, misdemeanor or disorderly conduct offense, where and when
so convicted, the nature of the offense and the penalty, if any.
G.
The make, model, year, color and license plate number of automobiles
used by the applicant during the period of solicitation within the
Borough and the number of his/her state issued driver's license and
proof of insurance.
A separate registration must be made for every solicitor, agent
or employee soliciting within the Borough limits.
A.
Each registrant, upon being so registered, shall be issued within
a reasonable time a registration certificate by the Borough Clerk,
upon which shall be affixed one photograph of the applicant signed
by the Borough Clerk or, in his/her absence, the person acting in
his/her place, so that part of his/her signature covers part of the
photograph.
Each registrant shall carry the registration certificate at
all times when in the Borough and shall exhibit it to any citizen
or police officer upon request.
A.
Any person, organization, society or association of a charitable,
religious, patriotic, philanthropic or community nature desiring to
solicit or have solicited in its name money, property or financial
assistance for which no merchandise, wares or services are required
shall be exempt from the provisions of this chapter, provided that
there is filed with the Borough Clerk an application, in writing,
giving the following information:
B.
Each solicitor for such organization, society or association shall
carry proper identification and shall display same upon request.
C.
Members of organizations, societies, associations of a charitable,
religious or patriotic or philanthropic or community nature soliciting
or canvassing members of their own organization are exempt from the
provisions of this chapter. However, it is expressly provided that
solicitation aforesaid is strictly limited to members of the particular
organization.
Every person to whom a registration certificate is issued under
the terms of this chapter shall be governed by the following rules
and regulations:
A.
All circulars, samples or other matter shall be handed to an occupant
of the property or left in a secure place on the premises.
B.
No person subject to the provisions of this chapter shall canvass,
solicit or distribute circulars or other matter, except during the
hours between 9:00 a.m. and dusk, Monday through Sunday.
C.
No person subject to the terms of this chapter shall enter or attempt
to enter the house or apartment of any resident in the Borough without
an express invitation from the occupant of the house or apartment.
D.
No person subject to the terms of this chapter shall conduct himself/herself
in such a manner as to become objectionable to or annoy any person
while soliciting within the Borough limits.
