[HISTORY: Adopted by the Mayor and Council of the Borough
of Buena 7-12-1971 by Ord. No. 147. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling in parks — See Ch. 173.
When used in this chapter, the following terms shall have the
following meanings:
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.
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.
A.
Applicants for a license under this chapter must file with the Borough
Clerk a sworn application, in writing, which shall give the following
information:
(1)
The name and physical description of applicant.
(2)
The complete permanent home and local address of the applicant.
(3)
A description of the nature of the business and goods or wares to
be sold.
(4)
If employed, the name and address of the employer, together with
credentials therefrom establishing the exact relationship.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
B.
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.
C.
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]
D.
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.
E.
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:
A.
The name and purpose of the cause for which the permit is sought.
B.
Names and addresses of the officers and directors of the organization.
C.
The period during which solicitation is to be carried on.
D.
Whether or not any commissions, fees, wages or emoluments are to
be expended in connection with such solicitation and the amount thereof.
E.
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.
A.
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.
B.
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]
A.
Every applicant for a license under this chapter shall pay a license
fee of $25.
B.
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.
C.
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.
D.
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.[1]
[1]
Editor's Note: Former Subsection E, regarding exemptions from
licensing requirements, which immediately followed this subsection,
was repealed at time of adoption of Code.
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:
A.
All circulars, samples or other matter shall be handed to an occupant
of the property and not left on or about the same.
B.
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.
C.
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.
D.
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.
A.
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:
(1)
Fraud, misrepresentation or a materially incorrect statement made
in the course of carrying on his business as a solicitor, canvasser
or peddler.
(2)
Fraud, misrepresentation or a materially incorrect statement contained
in the application for license.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor.
(5)
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.
B.
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.
