[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town
of Dover 7-27-1970 as Art. 30, Ch. A, of the 1969 Revised
Ordinances; amended in its entirety 4-23-1973. Subsequent
amendments noted where applicable.]
It shall be unlawful for any hawker, peddler, solicitor, non-profit-making
vendor or canvasser to sell or dispose of or offer to sell or dispose of any
goods, wares or merchandise within the Town of Dover without first obtaining
a license and having paid the license fee hereinafter prescribed. It shall
be unlawful for any peddler as defined herein to purchase or offer to purchase
any junk or any other goods, wares or merchandise within the Town of Dover
without first obtaining a license and paying the license fee hereinafter prescribed.
As used in this chapter, the following terms shall have the meanings
indicated:
A person who sells goods or solicits goods, the proceeds of which
are devoted exclusively to the purpose of a philanthropic, charitable or religious
society on whose behalf he acts as an agent without pay.
A person commonly referred to either as a "peddler" or a "hawker"
who goes from place to place by traveling on the streets either by foot, wagon,
motor truck or any other type of conveyance, or from house to house, and carries
his goods, wares and merchandise for the purpose of selling and delivering
them to consumers. A "peddler" may also be known as a "hawker" or "vendor."
A person who goes from place to place by traveling on the streets or from
house to house for the purpose of purchasing goods in said places or houses,
including the purchase of junk or any household goods, shall come within this
definition.
Includes the singular and plural and shall also mean and include
any person, firm, corporation or partnership.
A person, also known as a "canvasser," selling goods by sample or
taking orders for future delivery with or without accepting an advance payment
for the goods; or such person may be taking a poll or a survey from house
to house or on the streets or distributing advertisements or handbills.
A.
Applications for licenses shall contain the following
information:
(1)
The name and address of the applicant.
(2)
A description of the applicant.
(3)
The names and address of the firm represented.
(4)
Three business references.
(5)
The place of residence of the applicant for the past
three years.
(6)
The length of time for which the license is desired.
(7)
A brief description of the nature of the business and
a description of the wares to be offered for sale.
(8)
If a vehicle is to be used, a description of the same,
together with the registration and the name of the owner.
(9)
The number of arrests, if any, the number of convictions
for misdemeanors or crimes and the nature of the offenses for which arrested
or convicted. This shall include violation of any municipal ordinance other
than traffic violations.
(10)
Two photographs showing the applicant's face, front
and profile, of a minimum size of one and one-half (11/2) inches; said photographs
to be not over one year old. Said photographs shall be affixed to the application.
B.
Each applicant shall be fingerprinted.
[Amended 7-28-1981 by Ord. No. 7-1981]
A.
Following the filing of the application, the Chief of
Police shall verify the information contained therein. The Chief of Police
shall issue licenses to all applicants except those who have been convicted
of a crime, within 10 days from the date of the filing of a complete application
form and having been photographed and fingerprinted by the Police Department.
B.
In the event of the refusal of the issuance of such license,
the Mayor and Board of Aldermen on written request of the applicant shall
conduct a hearing to determine whether the license should be granted under
this chapter. Such request must be filed with the Town Clerk no later than
14 days after the rejection of the application by the Police Chief.
A.
All licenses shall be issued on forms drawn in accordance
with this chapter. They shall be printed, with corresponding stubs, and they
shall be consecutively numbered. Both the license and the stub shall contain
suitable blank spaces for writing in the name, the class of license granted,
the location of the business and the amount of fee paid. The license shall
carry a photograph of the licensee and specify the kind of goods being dealt
in. The license shall contain the signature of the applicant and the seal
of the issuing officer.
B.
A permanent record of all licenses issued shall be kept
by the Police Department. The Police Department shall report to the Mayor
and the Board of Aldermen the number of licenses issued with a breakdown showing
the kind of license issued, at least once a month.
C.
For all licenses, the license issued shall not authorize
any person except the designated person named in said license to engage in
business thereunder. Said license shall not be transferable from the person
to whom issued to any other person without the consent of the Mayor and Board
of Aldermen. A separate license shall be obtained by a licensed peddler for
every agent or employee working for him.
[Amended 7-28-1981 by Ord. No. 7-1981]
No person shall solicit or canvass or engage in any activity permitted
by this chapter before the hours of 10:00 a.m. or after 5:00 p.m. nor on Sundays
or holidays unless otherwise authorized by the Mayor and Board of Aldermen
of the Town of Dover.[1]
A.
Licenses issued under this chapter may be revoked by
the Police Department or the Mayor and Board of Aldermen for any of the following
causes:
(1)
Misrepresentation or false statement contained in the
application.
(2)
Misrepresentation or false statement made in the course
of carrying on the activities herein.
(3)
Conviction of any crime or misdemeanor involving moral
turpitude.
(4)
Conducting the licensed business in an unlawful manner,
in violation of this chapter, state or federal statute or in such manner as
to cause breach of the peace, to create a nuisance or to constitute a menace
to the health, safety or general welfare of the public.
B.
All persons whose licenses have been revoked shall have
the right to appeal to the Mayor and Board of Aldermen by filing a written
request within 10 days with the Town Clerk for such hearing.
C.
The Mayor and Board shall, within 30 days after receipt
of the request, hold the hearing. At the conclusion of said hearing, the Mayor
and Board shall affirm or order the Police Department to set aside the revocation
of the license. The decision of the Mayor and Board of such appeal shall be
final and conclusive.
A.
This chapter shall not be construed to include the delivery
of milk, eggs, bread, newspapers or such other necessary and perishable articles
of food or merchandise of the type commonly delivered on a house-to-house
basis at intervals of less than one week.
B.
Federal census takers or polls and surveys taken pursuant
to federal, state or local laws shall not be prohibited by this chapter.
C.
Any veteran or exempt fireman who holds a special license
issued pursuant to N.J.S.A. 45:24-9 shall be exempt from application for a
license, but shall be required to comply with all other applicable sections
of this chapter.
D.
Special permits.
(1)
A special permit may be issued to any nonprofit, religious,
charitable, civic or veteran organization, service club, volunteer fire or
first aid company desiring to solicit or to have solicited in its name money,
donations or financial assistance of any kind or design, to sell or distribute
any item of literature or merchandise for which a fee is charged, provided
that there is filed a sworn application in writing with the Police Department
which shall contain the following information:
(2)
Upon being satisfied that such person, organization or
association is bona fide, the Police Department shall issue a special permit
without charge for a specified period.
The equipment used or employed by peddlers, barkers and vendors of ice
cream, foods, beverages, confections and other related commodities shall be
maintained in a clean and sanitary manner and be subject to the inspection
of the Board of Health or its authorized agents. Any violation found and not
immediately corrected shall be grounds for revocation of the license.
No licensee nor any person in his behalf shall shout, cry out, blow
a horn, ring a bell or use any sound device or sound-amplifying system upon
any of the streets, alleys, parks or other public or private places within
the town or contiguous to the town whereby a nuisance shall be created in
the town.
No licensee shall have any exclusive right to any one place upon any
sidewalk or any street and shall not be permitted to operate a congested area
where his operation might impede or inconvenience the public. 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 or the public
impeded or inconvenienced.
A.
All sales licenses issued prior to the adoption of this
chapter shall not be affected by this chapter, but all subsequent license
applications must comply with all the provisions of this chapter. All persons
not required to be licensed previously, but who are required by this chapter
to apply for license, must obtain a license upon its adoption.
B.
The agent or other representative of nonresidents who
come within the provisions of this chapter shall be personally responsible
for the compliance of their principals and of the businesses they represent
with this chapter.
C.
No license shall be required of any person exempted therefrom
by New Jersey state law, but such person shall first establish his exempt
status to the satisfaction of the Town Clerk, and he shall comply with the
other regulatory provisions of this chapter.
D.
No part of this chapter, except the regulations contained in §§ 273-9 and 273-10, shall apply to any nonprofit organization, incorporated or unincorporated, nor to any member of any such organization, provided that such organization gives at least one week's advance written notice to the Chief of Police of its intention to engage in the activities covered by this chapter, stating the date or dates of such contemplated activities.
[Added 7-28-1981 by Ord. No. 7-1981]
No peddler shall commence to solicit within the Town of Dover unless,
at least 24 hours prior thereto, said peddler has given written notice to
the Police Department of the Town of Dover of the dates and times wherein
said peddler shall solicit and to the extent possible the streets and locations
upon which he shall solicit on each of the days upon which he has given notice
that solicitation shall occur.
[Added 7-28-1981 by Ord. No. 7-1981]
Approved applicants shall be issued a laminated identification card
that includes a photograph of the licensee. The licensee must carry this identification
card on his person at all times while peddling.
A.
Any person violating any of the provisions of this chapter
shall, upon conviction thereof, be subject to a fine of not less than $100
nor more than $1,000.
B.
In the event that there shall be a second conviction
of any person under the provisions of this chapter but not arising out of
the same circumstance, the Judge of the Municipal Court may, at his discretion,
in addition to the fine herein or in lieu thereof, subject said person to
imprisonment not to exceed 90 days or to a period of community service not
to exceed 90 days, or both.
