[HISTORY: Adopted by the Mayor and Council of the Borough of Buena 7-12-1971 by Ord. No. 147. Amendments noted where applicable.]
Peddling in parks — See Ch. 173.
When used in this chapter, the following terms shall have the following meanings:
- PEDDLER OR HAWKER
- Includes any person, whether a resident of the Borough of Buena or not, who goes from house to house, from place to place or from street to street, conveying or transporting goods, wares or merchandise and offering or exposing the same for sale or making sales and delivering articles to purchasers.
- SOLICITOR OR CANVASSER
- Includes any person, whether a resident of the Borough of Buena or not, who goes from house to house, from place to place or from street to street soliciting or taking or attempting to take orders for sale of services, goods, wares or merchandise, including magazines, books, periodicals, photographs or personal property of any nature whatsoever, for future delivery or for services to be performed in the future whether or not such individual has, carries or exposes for sale a sample of the subject for such order or whether or not he is collecting advance payments on such orders.
It shall be unlawful for any hawkers, peddlers, canvassers or solicitors, as defined in this chapter, to engage in any such business or operations in the Borough of Buena without having first obtained a license therefor in compliance with the provisions of this chapter and, in any event, only in accordance with the terms and provisions of this chapter.
The terms of this chapter shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles, and nothing contained herein shall be held to prohibit any sale required by statute or by order of any court.
Applicants for a license under this chapter must file with the Borough Clerk a sworn application, in writing, which shall give the following information:
The name and physical description of applicant.
The complete permanent home and local address of the applicant.
A description of the nature of the business and goods or wares to be sold.
If employed, the name and address of the employer, together with credentials therefrom establishing the exact relationship.
The length of time for which the right to do business is desired and the days of the week and hours of the day within which the said business will be conducted.
The source of supply of the goods, property or services proposed to be sold, where such goods, services or products are located and the method of delivery.
Three recent photographs of the applicant, which shall be approximately two by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.
Appropriate evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility.
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance other than traffic violations, the nature of the offense and the punishment or penalty assessed therefor.
The applicant shall be fingerprinted, if requested by the Chief of Police, who shall determine whether said fingerprints are necessary for proper identification, and which fingerprint records shall be immediately processed for classification and identification.
At the time of filing the application, a fee of $25 shall be paid to the Borough Clerk to cover the cost of investigation of the facts stated therein.
[Amended 1-12-1987 by Ord. No. 329]
No license shall be issued until the application shall have been approved by the Police Department, allowing adequate time for investigation of the facts set forth in the application.
Applications for partners shall be signed by all partners, with the foregoing provisions of this section answered in detail as to each said partner; and applications of corporations shall have attached thereto individual statements, in accordance with all of the provisions of this section, relating to each and every employee, agent or servant who shall engage in any of the functions authorized by this chapter and signed by each such agent, servant or employee, and full compliance herewith by each such individual.
Any person, organization, society or association desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization, at any place or places within the Borough of Buena, for charitable, religious, patriotic or philanthropic purposes, shall be exempt from the provisions of §§ 177-4 and 177-7 of this chapter, provided that there is filed a sworn application in writing with the Borough Clerk, which application shall give the following information:
The name and purpose of the cause for which the permit is sought.
Names and addresses of the officers and directors of the organization.
The period during which solicitation is to be carried on.
Whether or not any commissions, fees, wages or emoluments are to be expended in connection with such solicitation and the amount thereof.
The name and address of such agent or representative who will conduct solicitations and the length of time that said agent or representative has been employed or affiliated with such organization, society, association or corporation.
Each application shall be referred to the Chief of Police or officer in charge of the Police Department, who shall immediately institute such investigation of the applicant's business and moral character as he deems necessary for the protection of the public good and shall endorse the application in the manner prescribed in this section within a reasonable period of time after it has been filed by the applicant.
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory or the product or services are not free from fraud, the Chief of Police shall endorse on such application his disapproval and his reasons for the same and return the said application to the Borough Clerk, who shall notify the applicant that his application is disapproved and that no license will be issued.
[Amended 1-12-1987 by Ord. No. 329]
Every applicant for a license under this chapter shall pay a license fee of $25.
Any veteran who holds a special state license issued under the laws of the State of New Jersey shall be exempt from securing a license, as provided herein, for hawking and peddling, but shall be required to comply with all other applicable sections of this chapter and shall be required to procure from the Borough Clerk a special veteran's permit which shall be issued by the Borough Clerk upon proper identification.
Any person to whom a valid mercantile license shall have been issued under provisions of law other than the within chapter shall be exempt from securing a license as provided in this section, but said person or said person's employees, agents or servants shall be required to procure from the Borough Clerk a permit, upon proper identification and said compliance herewith.
Any person making application under the provisions of this chapter for the sale of flags or balloons, banners, pinwheels and other similar trinkets usually sold during the holding of any parade or other festivity in celebration of a holiday or occasion shall not be required to pay any fee for such license. However, such applicant shall comply with all of the rest of the terms and conditions of said chapter. Such license shall be issued by the Clerk only for the day or days on which such celebration is to be held in the Borough.
Exempt from securing a license in the manner provided herein shall be employees of persons duly and fully licensed hereunder, whose peddling shall consist solely in going from street to street and solely along the public way conveying or transporting goods, wares or merchandise and offering or exposing the same for sale or making sales and delivering articles to purchasers, but such employees shall be required to comply with all other applicable sections of this chapter and shall be required to procure from the Borough Clerk a special employee peddlers permit, which shall be issued by the Borough Clerk upon application to him made by the employee peddler, containing all information required under § 177-4 of this chapter and including specific request and approval from the licensed employer peddler. Upon receipt of such application, the Borough Clerk shall forthwith issue a special employee peddlers permit upon receipt of a fee of $5. The special employee peddlers permit issued hereunder shall be subject to immediate revocation upon notification to the Borough Clerk by the Chief of Police that such employee peddlers permit has his disapproval as a result of the investigation by his Department made upon receipt of the application from the Borough Clerk.
Every person, society association or organization to whom a license is issued under the terms of this chapter shall be governed by the following rules and regulations:
All circulars, samples or other matter shall be handed to an occupant of the property and not left on or about the same.
No person subject to the provisions of this chapter shall canvass, solicit or distribute circulars or other matter or call from house to house except during reasonable hours during the day and on weekdays.
No person subject to the terms of this chapter shall enter or attempt to enter the lands, place of business or house of any resident in the Borough of Buena without an express invitation from the occupant of the house.
No person subject to this chapter shall conduct himself in such manner as to become objectionable to or annoy any occupant of the house or place of business.
No licensee or any person in his behalf shall shout, cry out, blow a horn, ring a bell or use any sound-making or amplifying device upon any of the streets, parks or other public places of the Borough of Buena or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, parks or other public places for the purpose of attracting attention to any goods, wares, merchandise or services which said licensee proposes to sell.
No licensee shall have any exclusive right to any location in the public streets nor shall any be permitted a stationary location thereon nor shall any be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets. For the purpose of this chapter, the judgment of the police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and public is impeded or inconvenienced.
Licensees are required to exhibit their certificate of license at the request of any citizen or member of the Police Department.
The Chief of Police shall report to the Borough Clerk all convictions for violation of this chapter, and the Borough Clerk shall maintain a record for each license issued and record the reports of violation therein.
Licenses issued under the provisions of this chapter may be revoked by the Council of the Borough of Buena after notice and hearing for any of the following causes:
Fraud, misrepresentation or a materially incorrect statement made in the course of carrying on his business as a solicitor, canvasser or peddler.
Fraud, misrepresentation or a materially incorrect statement contained in the application for license.
Any violation of this chapter.
Conviction of any crime or misdemeanor.
Conducting the business of peddler, canvasser or solicitor, as the case may be, in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of the hearing for revocation of a license shall be given by the Borough Clerk, in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for the hearing or shall be delivered by a police officer in the same manner as a summons at least three days prior to the date set for the hearing.
All annual licenses issued under the provisions of this chapter shall expire at 12:00 midnight on the 31st day of December in the year when issued. Other than annual licenses shall expire at 12:00 midnight on the date specified in the license.
This chapter shall not affect 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 same.