[HISTORY: Adopted by the Township Committee of the Township
of Plainsboro 11-12-1979 by Ord. No. 0-79-15; amended in its entirety 12-9-2009 by Ord. No.
0-09-22. Subsequent amendments noted where applicable.]
A.
It shall be unlawful for any peddler, hawker, vendor, canvasser or
solicitor to engage in such activity within the Township without first
obtaining a license therefor in accordance with the provisions of
this chapter. Licenses and permits shall be issued to individual persons
only, and if an employer or other person desires that more than one
employee or member engage in the activities of a peddler, solicitor
or canvasser within the Township, each such employee or member must
obtain a separate license. Any person seeking such license shall apply
annually as such license shall expire 12 months from the date of issue.
No licensee shall engage in a licensed activity before 9:00 a.m. or
after 9:00 p.m. on Mondays through Saturdays, except where expressly
invited onto the property of the owner/occupants thereof.
B.
Canvasser, peddler, hawker, vendor and solicitor shall mean any person
traveling by foot or vehicle who:
(1)
Distributes printed material or other goods or conveys or transports
printed materials or other goods from house to house; or
(2)
Calls in person upon the occupants of houses seeking contributions
of money or other items of value; or
(3)
Conveys or transports goods for the purpose of offering for sale,
selling and delivering the same to customers; or
(4)
Sells or offers to sell goods or services of any kind for immediate
or future delivery, with or without accepting payment or partial payment
for the same.
Applicants for a license under this chapter shall file with
the Township Clerk a sworn application in writing on a form to be
furnished by the Township Clerk which shall give the following information:
A.
Name
and description of the applicant.
B.
Permanent
home and business address and local mailing address, if any, of the
applicant.
C.
A
brief description of the nature of the business, the goods to be sold
and the name and address of the principal office of their manufacturer,
as well as the name and address of the agent designated to receive
service of process in the state.
D.
If
employed, the name and address of the employer.
E.
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 business will
be conducted.
F.
Two
photographs showing the applicant's face, front and profile, representative
of the applicant's appearance taken within 60 days prior to the date
of the filing of the application, of a minimum size of two inches
by two inches, which photographs shall be affixed to the application.
G.
The
names of at least two references who will certify to the applicant's
good character and business responsibility or, in lieu of such names
of reference, such other available evidence of good character and
business responsibility of the applicant as will enable an investigator
to evaluate properly such character and business responsibility. Approval
or recommendation by the Better Business Bureau or the Chamber of
Commerce may be accepted in lieu of the above references.
H.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance
other than a traffic violation, the nature of the offense and the
punishment or penalty assessed therefor. The applicant shall submit
a detailed explanation of mitigating factors that should be considered
in the Chief of Police's evaluation of negative information in the
applicant's background. This may include statements of rehabilitation,
reference letters and any other information that the applicant deems
relevant.
I.
Whether or not orders are to be solicited or taken for future delivery
of goods or performance of services.
J.
Where applicable, written permission from the owner of the property
on which the sale is to take place.
K.
Description of vehicle and vehicle license number of all vehicles
from which the applicant proposes to conduct business.
L.
The applicant shall provide a copy of a valid driver's license or
picture I.D. for identification purposes.
A fee of $50 shall be paid by each applicant seeking a license
to peddle, hawk, canvass or solicit at the time the application is
presented to the Township Clerk, except as otherwise provided by law.
Such fee is intended to return only the average cost to the Township
of administrative processing and investigation of applicants made
pursuant to this chapter and not to produce revenue therefrom.
A background investigation is required for each applicant. No
license or permit shall be issued until the application has been approved
by the Police Department, allowing adequate time for investigation
of the facts stated therein. Upon receipt of an application, the original
shall be referred to the Chief of Police who shall cause to be made
such investigation of the applicant's business and moral character
as he or she deems necessary for the protection of the public welfare.
A.
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 or her disapproval and his or
her reasons for the same and return the application to the Township
Clerk, who shall notify the applicant that his or her application
is disapproved.
B.
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 or her approval on the application, returning the
application to the Township Clerk who shall execute and deliver to
the applicant his or her license. The Clerk shall keep a record of
all licenses issued and of all complaints received, if any, concerning
each license.
All personnel holding a license under this chapter shall carry
it on their person and shall exhibit same upon the request of any
resident at all times when engaged in the activities regulated herein.
All licenses issued under this chapter shall expire 12 months
from the date of issue. Licenses shall not be transferable or assigned
or authorize any person other than is therein mentioned or named to
carry on such business and shall be surrendered after expiration before
a renewal license can be issued.
A.
Licenses
issued under this chapter may be revoked by the Chief of Police, after
reasonable notice and hearing, for any of the following causes:
(1)
Misrepresentation or false statement contained in the application
for the license.
(2)
Misrepresentation or false statement made in the course of carrying
on activities regulated herein.
(3)
Conviction of any crime or misdemeanor involving moral turpitude.
(4)
Conducting the business of soliciting and canvassing in an unlawful
manner, in violation of this chapter or in such 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 hearing for revocation of a license shall be given in writing,
setting forth the grounds of complaint and the time and place of the
hearing. Such notice shall be served personally upon the licensee
or mailed postage prepaid to the licensee at addresses given by the
licensee in making application at least five days prior to the date
set for the hearing.
Any person aggrieved by the action of the Chief of Police or the Township Clerk in the denial of an application for a permit or license, or in the decision with reference to the revocation of a license, shall have the right of appeal to the Township Committee. Such appeal shall be taken by filing with the Township Committee, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 75-7 for notice of hearing on revocation. The decision and order of the Township Committee on such appeal shall be final and conclusive.
This article shall not apply to:
A.
Any nonprofit, religious, charitable, school, political, civic or
veteran organization, service club or volunteer fire or ambulance
corps desiring to solicit or have solicited in its name by other than
a profit-making organization money, donations or financial assistance
of any kind or desiring to sell or distribute any item for which a
fee is charged, provided that there is on file with the Township Clerk
a statement containing the following information:
B.
An employee of any public utility which is subject to regulation
by the State Board of Public Utilities Commissioners; provided, however,
that such employee shall display the identification badge or card
issued by his/her employer.
C.
A member of any committee or organization of a duly constituted political
party as defined by N.J.S.A. 19:1-1 when any such member is engaged
in the lawful activities, functions or objectives of the political
party.
D.
Any person honorably discharged from military service of the United
States possessing a peddler's license issued in conformity with N.J.S.A.
45:24-9 et seq.
E.
Any person who is an exempt firefighter of a volunteer fire department
as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing a license
in conformity with that law.
