[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank as Sec. 4-4 of the 1987 Revised General Ordinances; amended
by Ord. No. 21-84. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Special sales — See Ch. 536.
As used in this chapter, the following terms shall have the
meanings indicated:
A person who goes from place to place, house to house, or
person to person, selling, offering to sell or purchase or taking
orders for goods, wares, merchandise, real estate or any article for
future delivery or for services to be performed in the future or for
the making, manufacturing or repairing of any article or thing whatsoever
for future delivery or for the solicitation of money. "Canvasser or
solicitor" shall not include wholesale salespersons calling on retail
merchants.
A person who deals in buying and selling old iron or other
metals, glass, paper, cordage or other waste or discarded material.
Any person who goes from house to house, place to place,
or person to person, carrying, conveying or transporting goods, wares,
merchandise or services and offering or exposing the same for sale
or delivering articles for purchasers. The words peddler, hawker and
vendor shall not include wholesale salespersons calling on retail
merchants.
Any individual, firm, partnership, corporation, voluntary
association, business entity and any principal or agent thereof.
A person commonly referred to either as a transient merchant
or itinerant vendor who engages temporarily in business in this Borough
and who may occupy a room, building, tent, lot, vehicle or cart, whether
motorized or not, or other premises for the purpose of selling goods,
wares, food, beverages or merchandise. Transient merchant shall also
include any person who conducts any traveling or street show carnival
or circus and in connection therewith sells or displays for sale any
goods, wares, food, beverages or merchandise.
[Amended 5-12-2008 by Ord. No. 2008-10]
A person who engages in business in the manner defined by
the preceding definition of "transient merchant" and pursuant thereto
becomes a peddler or hawker, or hires a peddler or hawker, as hereinabove
described.
The purpose of this chapter is to prevent unfair competition, dishonest business practices and fraudulent solicitation, traffic hazards and undue annoyance to householders and tenants by the regulation of transient merchants, hawkers, peddlers, junk dealers, solicitors and canvassers as defined in § 484-1 of this chapter.
[Amended 5-24-2010 by Ord. No. 2010-23]
A.
It shall
be unlawful for any transient merchant, hawker, peddler, vendor, junk
dealer, solicitor or canvasser, whether a resident of the Borough
or otherwise, to sell or dispose of or to offer to sell, purchase
or dispose of any goods, wares, merchandise, real estate or publications
or to solicit money within the Borough without first applying for
and securing a license as hereinafter provided.
B.
The Borough Clerk shall maintain a list of names and addresses of residents who have determined that solicitors, peddlers and/or hawkers shall not be invited to their respective residence. Any resident shall be included on such list if they complete a form to be so included. The form shall be available at Borough Hall. The list shall be distributed to applicants seeking a license for the purposes mentioned herein. The licensee shall not solicit, peddle or hawk at any residence on the list. Any solicitor, peddler or hawker who goes upon any premises or rings a doorbell upon or near any door or creates any sound in any manner calculated to attract the attention of the occupant of such residence, when such residence is on the list provided shall be considered to be engaging in uninvited soliciting as set forth in § 484-12, and shall be subject to the penalties set forth in § 484-13. Religious and educational groups and not-for-profits registered within the Borough shall be exempt.
The requirements of this chapter shall not be construed to apply
to the following classes of persons:
A.
Any person, soliciting votes or support for any bona fide political
candidate seeking public office, including primary election; any activity
or conduct connected with or relating to voter registration; or any
conduct or activity relating to the expressing of opinion on, or soliciting
support for, any public candidacy or public issue or question.
B.
Any person who is a canvasser or solicitor on behalf of any religious,
educational or charitable corporation, organization, association or
society created for nonpecuniary profit; any religious, educational
or charitable corporation, organization, association, or society approved
by the Internal Revenue Department of the United States for income
tax deduction for contributions thereto shall presumably be considered
to be qualified as the type of corporation, organization or society
for whom a person may solicit or canvass and be exempt from this chapter.
C.
Officers or employees of the Borough, county, state or federal government
when on official business.
D.
Any veteran and/or volunteer fireman who holds a special license
issued pursuant to N.J.S.A. 45:24-9 et seq.
E.
Persons engaged in the sale or delivery of newspapers qualified as
legal newspapers within the meaning of N.J.S.A. 35:1-1 et seq.
F.
This chapter shall not apply to any person engaged in the delivery
of goods, wares, merchandise or other articles or things in the regular
course of business to the premises of persons ordering or entitled
to receive same.
Application for license by any person shall be made to the Borough
Clerk during regular business hours. The applicant shall file a sworn,
written application upon a form provided by the Borough, in duplicate,
which shall contain or be accompanied by the following data:
A.
Information required.
(1)
The applicant's name; business address; residence; and length
of time at such residence.
(2)
The applicant's address during the past three years if other
than the present address.
(3)
The age of the applicant.
(4)
The state of birth and driver's license number of the applicant.
(5)
A physical description of the applicant.
(6)
The name and address of the person, firm or corporation by whom the
applicant is employed or whom the applicant represents; the length
of time at such employment or representation; if a corporation, the
name and address of registered agent.
(7)
The name and address of applicant's employer during the past
three years if other than the present employer.
(8)
A description sufficient for identification of the subject matter
of the soliciting, canvassing or peddling in which the applicant shall
engage.
(9)
The actual dates when the soliciting, canvassing or peddling shall
take place.
(10)
If goods are to be sold or orders taken therefor, the name and
address where such goods are manufactured or produced and the proposed
method of delivery.
(11)
If a vehicle is to be used, description including the license
number.
(12)
Two sets of fingerprinting of the applicant. In the event the
holder of a license previously issued desires to renew same, such
renewal applicant shall file a new application in accordance with
the requirements of this chapter, except that the applicant shall
not be required to comply with fingerprinting requirements if the
applicant shall have been fingerprinted at the time of the issuance
of the original application.
(13)
The date of the last application for license under this chapter,
if any.
(14)
Whether a license issued to the applicant under this chapter
has ever been revoked.
(15)
A statement as to whether the applicant has ever been convicted
of any crime, misdemeanor or violation of any municipal ordinance
of this state or any other state or federal law of the United States
and, if so, the nature of the offense and the punishment or penalty
assessed therefor.
(16)
The geographic area to be canvassed or solicited.
(17)
The length of time for which the license is desired.
B.
For transient merchants licenses. In addition to the foregoing items,
the applicant shall file:
(1)
A sworn statement of the true invoice of the amount, average quality
or kind and value of the goods to be offered for sale.
(2)
A statement of the location of such goods.
(3)
To the application must be attached, in the discretion of the Borough
Clerk, the bills or invoices of purchase of such goods.
For any person applying on behalf of or under the auspices of
a firm, partnership, corporation, voluntary association or other business
entity, the Borough Clerk shall establish the character of the business
by:
A.
Eliciting a declaration of intention as to the length of time they
intend to remain in the Borough.
B.
By requiring a bond in the amount of $1,000 in accordance with and
for the purposes provided in N.J.S.A. 45:24-5; to remain in force
for one year and be conditioned to indemnify and pay the Borough any
penalties and costs incurred in the enforcement of any provisions
of Title 45, Chapter 24, Article 1, N.J.S.A. and to indemnify and/or
reimburse any purchaser of such personal property as shown in the
declarations and disclosures heretofore required 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 kind, quality or value
of the personal property, whether the misrepresentations were made
by the owners or their servants, agents or employees, either at the
time of making the sale or through any advertisement printed or circulated
with reference to such property or any part thereof; and upon conclusive
proof of breach of the foregoing conditions, the bond shall be forfeited.
A.
Upon receipt of such application, the original shall be referred
to the Chief of Police who shall investigate the applicant's
business and moral character as may be necessary for the protection
of the public welfare.
B.
If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Chief
of Police shall endorse on such application his disapproval and his
reasons for same and return the application to the Borough Clerk,
who shall notify the applicant that his application is disapproved.
Any determination by the Chief of Police that an application is unsatisfactory
shall be based only upon one or more of the following findings with
respect to the applicant:
(1)
Convictions of a crime relating adversely to the occupation of canvassing
or soliciting. In such event, the provisions of N.J.S.A. 2A:168A-1
et seq. shall be complied with.
(2)
Prior violation of a peddling, soliciting or similar ordinance.
(3)
Previous fraudulent acts or conduct.
(4)
Records of breaches of soliciting contracts.
(5)
Misrepresentation or false statement contained in the application
for the license.
(6)
Concrete evidence of bad moral character.
C.
If, as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Chief of Police shall endorse his approval on the application, returning
the application to the Borough Clerk, who shall, upon payment of the
prescriber license fee, execute and deliver the license.
D.
The license issued hereunder shall contain the signature of the Chief
of Police and Borough Clerk and shall show:
(1)
The name and address of the licensee.
(2)
The class of license issued.
(3)
The kind of goods or services to be sold or distributed thereunder.
(4)
The date of issue.
(5)
The length of time the license shall be operative.
(6)
The license number and description of any vehicle used in the activity
licensed.
A.
All licenses shall be issued on forms drawn in accordance with this
chapter and shall be consecutively numbered. The license shall contain
blank spaces for writing in the name, the class of license granted,
the location of the business and the amount of the fee paid.
B.
There shall be kept in the office of the Borough Clerk the necessary
books for recording the time the application for license is received,
showing its class, whether new or renewal, name of the licensee, date
of approval, the amount of fee received, and the date the license
is issued. The Clerk shall keep a record of all licenses issued and
all complaints received, if any, concerning each license.
C.
The Borough Clerk shall file a monthly report with the Borough Council
showing the number of licenses granted by classes and the amounts
of fees received. Each report shall state the number and class of
licenses suspended or revoked and the reasons for such suspension
or revocation. The Borough Clerk shall compile a summary of all licenses
granted under this chapter during a single year and report such at
the final meeting of the Borough Council.
Every holder of a license issued by the Borough under the authority
of this chapter or by the Clerk of the County of Monmouth under the
authority of N.J.S.A. 45:24-9 shall be required to carry such license
(and, if applicable display same at its business premises) while engaged
in the licensed activity within the corporate limits of the Borough.
The holder shall produce such license at the request of any official
of the Borough or of any resident of the Borough with whom the holder
wishes to conduct the licensed activity.
License fees shall be as follows:
A.
Peddlers. For each peddler, regardless of the method used for transporting
his wares and merchandise: $5 to be paid at the time of filing the
application to cover the cost of investigation of the facts therein
stated; plus $20 license fee per annum or $10 for one week or any
portion thereof. Every peddler's license shall terminate as of
December 31 of the year in which it is issued.
B.
Transient merchants. Five dollars to be paid at the time of filing
the application to cover the cost of investigation of the facts therein
stated; plus $20 per annum, except that in the event the transient
merchant shall operate in the nature of a traveling or street show,
carnival or circus, then the fee shall be $100.
C.
Transient merchant peddler. Five dollars to be paid at the time of
filing the application to cover the cost of investigation of the facts
therein stated; plus $20 per annum license fee, plus $10 per week,
for each peddler.
D.
Junk dealer. Five dollars to be paid at the time of filing the application
to cover the cost of investigation of the facts therein stated; plus
$50 per annum license fee.
E.
For all other licenses. Five dollars to be paid at the time of filing
the application to cover the cost of investigation of the facts therein
stated.
A.
It shall be the duty of any police officer of the Borough to enforce
the provisions of this chapter and to require any person seen peddling
or soliciting who is not known by such officer to be duly licensed
to produce the appropriate license.
B.
Any license issued hereunder may be suspended by the Borough Clerk
or Chief of Police for any infraction or violation of the terms of
the license, or of any Borough ordinance, state or federal statute,
or for falsification in any statement made in applying for a license.
The suspension shall be effective upon the mailing of notice to the
address appearing in the application and shall set forth the grounds
for the suspension and shall state that an opportunity for a hearing
will be given at a certain date (which date shall be within five days
from the date of notice), before the Borough Council. The Borough
Council, upon a finding of such a violation, may revoke the license.
C.
Appeals. Any person aggrieved by the action of the Chief of Police
or Borough Clerk, in the denial of an application, or in a decision
to suspend or revoke a license, shall have the right of appeal to
the Borough Council. Such appeal shall be taken by filing with the
Borough Council within 14 days after notice of suspension has been
mailed (or after the date on which an application was denied), a written
statement setting forth the grounds for the appeal. The Borough Council
shall set a time and place for a hearing on such appeal and notice
of such hearing shall be given to the appellant. The decision and
order of the Borough Council on such appeal shall be final and conclusive.
A.
Upon the expiration of any license issued under the provisions of
this chapter, the holder thereof shall surrender the same to the Borough
Clerk within 24 hours. Upon notice of the suspension or revocation
of any license issued under the provisions of this chapter, the holder
shall surrender the same to the Borough Clerk within 24 hours after
such notice.
B.
The holder of a license shall not canvass or solicit orders for any
articles from pedestrian or vehicular traffic on or adjacent to any
public street, avenue or highway within the limits of the Borough
in such manner as will interfere with the use of such public street,
avenue, highway, other public place. The holder shall not park any
vehicle within the prohibited lines of any public street, road, or
public place while engaging in the licensed activity. Vehicles must
be parked adjacent to right-hand curbline. No vehicle shall be parked
for the purpose of conducting a licensed activity within 200 feet
of any school or school property between the hours of 8:00 a.m. and
4:00 p.m. on regular school days.
C.
The holder shall not enter in or upon any house, building or other
structure or any land or property where there is placed or posted
on the premises a "No Soliciting," "No Salesmen," "No Trespassing,"
"No Vendors," or similar sign or other form of notice stating or indicating
that the owner or occupant thereof forbids or otherwise does not desire
persons engaged in such or similar activity to enter upon the premises.
The holder shall not remain physically present upon nor shall the
holder return to any premises so posted.
D.
The holder shall not transact any business which shall concern any
goods, wares, real estate or merchandise other than that specified
in the application for license or which shall consist of fraud, cheating,
or material misrepresentation.
E.
The holder shall not remain physically present upon the premises
for a period exceeding five minutes after being asked to leave by
anyone in possession thereof. In addition, the holder shall not make
any further telephone solicitations to an owner or occupant after
having been told by the owner or occupant that such telephone solicitations
are not desired.
F.
The holder, except in the case of the sale of perishable foodstuffs,
ice cream or like products, shall give a written receipt to the purchaser,
which receipt shall be signed by the holder, and shall set forth a
brief description of the article ordered, the total purchase price
thereof, and the amount of the payment, if any, received by the holder
from the purchaser.
G.
The holder of a license shall not engage in the licensed activity
on any of the following heavily traveled streets in the Borough: Branch
Avenue, Spring Street, Harding Road, Pinckney Road, Broad Street,
Monmouth Street, White Street, English Plaza, Mechanic Street, Wallace
Street, Maple Avenue, Bridge Avenue, Shrewsbury Avenue, Riverside
Avenue, West Front Street, East Front Street, River Road, Reckless
Place, Newman Springs Road, Leighton Avenue, Harrison Avenue, Prospect
Avenue, Oakland Street, Chestnut Street, Drs. Parker Boulevard, Herbert
Street, West Street, Pearl Street, Wall Street, and all Borough-owned
property. In all other locations throughout the Borough, no licensee
shall park, idle, or stop, any vehicle or cart to engage in the licensed
activity for more than 10 minutes at a time, unless that licensee
is in possession of a valid special events permit issued by the Borough.
[Amended 5-12-2008 by Ord. No. 2008-10; 10-25-2010 by Ord. No. 2010-33]
H.
No holder shall call attention to its licensed activity by crying
out, blowing a horn or making any other loud or unusual noise (including
but not limited to sounding a bell or similar device or using loud
speakers or amplifiers) between 8:00 p.m. and 9:00 a.m., prevailing
time.
I.
No junk dealer shall call attention to its activity in any manner set forth in Subsection H of this section at any time in the Borough.
J.
The commencement
and termination date for the period of solicitation as requested by
the applicant. Hours for door-to-door solicitation shall be between
9:00 a.m. and 7:00 p.m. for commercial and noncommercial establishments.
[Added 5-24-2010 by Ord.
No. 2010-23]