[HISTORY: Adopted by the Borough Council of the Borough of Glen Rock 8-22-2018 by Ord. No. 1792. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 158, Peddling and Soliciting, adopted 12-13-1971 by Ord. No. 763 as Ch. VII, Secs. 7-2 and 7-3, of the 1971 Revised General Ordinances, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
- NONPROFIT ORGANIZATION
- Any organization tax exempt under § 501(c)(3) of the Internal Revenue Code.
- PEDDLER or HAWKER
- A person who goes from house to house or from street to street, on foot or with a conveyance, carrying with him goods, wares or merchandise for the purpose of selling and delivering the same to customers.
- SOLICITOR or CANVASSER
- A person who, traveling by foot or by any type of conveyance, goes from house to house or from street to street and takes orders for the sale of goods, both commercial and noncommercial, or for services to be furnished or performed in the future. Such definitions shall include any person who, for himself or for another person, leases or occupies any building, hotel room, shop or any other place within the Borough for the sole purpose of exhibiting samples and taking orders for future delivery of personal property or taking orders for future services. This definition shall not be construed to apply to soliciting or canvassing for the purpose of the sale of personal property at wholesale to retailers of such articles.
No person shall engage in the business of a solicitor, canvasser, peddler or hawker without first obtaining a permit therefor.
Every applicant for a permit under this chapter shall complete, sign and verify a written application on a form furnished by the Police Department.
The application shall state:
The name and description of the applicant.
The permanent home address of the applicant.
A brief description of the nature of the business and the goods to be sold or services to be rendered and, in the case of farm or orchard products, whether produced or grown by the applicant.
If employed, the name and address of the applicant's employer, together with credentials establishing the exact relationship.
The length of time for which the right to do business is desired.
Whether or not the applicant has been convicted of any crime or disorderly persons offense or violation of any municipal ordinance and, if so, the nature of the offense and the punishment or penalty assessed therefor.
If a vehicle is to be used, a description of the same, together with the state registration number, proof of insurance and other identification details.
If said application is for a solicitor's and canvasser's license:
The place where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced and the proposed method of delivery.
The names of at least two reliable property owners of the State of New Jersey, who will certify as to the applicant's good character and business responsibility or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to evaluate properly such character and business responsibility.
The applicant shall file the completed application forms with the Police Department of the Borough.
At the same time, he shall permit the Police Department to take his photograph.
Where applicable, the applicant shall obtain and exhibit with the application a food handler's permit issued by the Board of Health.
The Chief of Police shall then cause an investigation to ascertain the truth of the statements made by the applicant upon his application and any such other investigation of the applicant's business and background as he deems necessary for the protection of the public good. The Chief of Police is authorized to submit applicant fingerprint cards and receive state criminal history record information from the Division of State Police/State Bureau of Identification for use in considering the suitability of all applicants covered under this section. Each applicant shall be responsible to pay any state user fees related to the processing of a criminal history check.
There shall be a waiting period not exceeding 30 days between the filing of the application and the issuance of the license, for the purpose of investigation by the Chief of Police; provided, however, that the applicant has not delayed in providing required information or fingerprints.
If, as a result of the investigation, the business responsibility of the applicant shall be found to be unsatisfactory, the Chief of Police or Chief's designee shall provide in writing the disapproval and reasons for such disapproval and thereupon notify the applicant of the disapproval and that no license will be issued.
If, as a result of the investigation, the business responsibility of the applicant shall be found to be satisfactory, the Chief of Police or Chief's designee shall endorse on the original of the application his approval thereof and cause a permit to be issued.
The Chief of Police or Chief's designee shall promptly notify the applicant of the approval of his application and shall issue the permit.
The license shall contain the following:
The class of permit issued.
The name and photograph of the permit holder.
The name of the business.
The number of the license and the amount of fee paid.
The date of issuance of the license and the expiration date.
The signature of the Chief of Police or Chief's designee and the Seal of the Borough.
All permits shall expire on December 31 of the year issued unless an earlier expiration date is indicated on the license.
Such permit shall, during the time such licensee is engaged in soliciting, canvassing, hawking or peddling, be worn by him constantly, on the front of his outer garment in such a way as to be conspicuous.
The fee for a peddler's and hawker's permit shall be $50 per annum. Each license shall terminate on the 31st day of December of the year in which it was issued. No portion of said fee shall be prorated for any part of the year.
The permit fee which shall be charged by the Borough for a solicitor's and canvasser's license shall be $50 per year.
None of the license fees provided for by this section shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the Mayor and Council for an adjustment of the fee.
After 7:00 p.m., no peddler, hawker, solicitor or canvasser shall shout, cry out or use any sound device:
No solicitors, canvassers, peddlers or hawkers shall:
Have any exclusive right to any location in any public place;
Be permitted to operate in any congested area where his operations might impede or inconvenience the public. The judgment of a police officer shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
All licenses shall be valid to operate on Monday through Saturday only between the hours of 9:00 a.m. and 9:00 p.m., except peddlers of food, who shall be permitted to operate from 9:00 a.m. until dusk seven days a week, subject to approval of the Board of Health.
Any police officer or special police officer of the Borough may require any person seen peddling, hawking, soliciting or canvassing in the Borough to produce his peddler's and hawker's license or his solicitor's and canvasser's permit and to enforce the provisions of this chapter. Failure to produce or possess said permit shall be considered a violation.
Permits issued under the provisions of this chapter may be revoked by the Mayor and Council, after notice and hearing, for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for the license.
Fraud, misrepresentation or false statement made by the licensee in the course of carrying on his business as solicitor, canvasser, peddler or hawker.
Any violation of this chapter.
Conviction of any crime or disorderly person's offense involving moral turpitude.
Conducting the business of soliciting, canvassing, peddling or hawking in an unlawful manner or in such a manner as to constitute a breach of the peace or as 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 to the licensee in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed by registered or certified mail, return receipt requested, addressed to the licensee at his last known address, at least five days prior to the date set for hearing.
Any person aggrieved by the action of the Chief of Police or Chief's designee in the denial of a license as provided in this chapter shall have the right of appeal to the Mayor and Council. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of was mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal.
The Council shall set a time and place for hearing of such appeal, and notice of such hearing shall be given to the appellant.
The decision and order of the Council on such appeal shall be final and conclusive.
Any person found guilty of violating this article shall be subject to a penalty consisting of a fine or imprisonment, or both, subject to the discretion of the judge, the maximum of which shall be the maximum fine or term of imprisonment permitted to be imposed by the court having jurisdiction over the violation of this chapter; provided, however, that the fine shall not be less than $100 nor more than $2,000 per offense and the prison term shall not exceed 90 days in accordance with N.J.S.A. 40:49-5.
This article shall not include the following persons, who are expressly exempt from its application:
Any person honorably discharged from the military service of the United States possessing a peddler's license issued in conformity with N.J.S.A. 45:24-10.
Any person who is an exempt fireman as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing corresponding identification in conformity with said statute.
Any person holding a solicitation license or permit issued under any legislation of the United States government or by a state agency pursuant to statute.
Any person who conducts a sale pursuant to statute or court order.
Persons selling or soliciting in behalf of churches, charities, fraternal organizations, philanthropic organizations, nonprofit and municipal organizations.
Any person engaging in the advocacy of noncommercial or not-for-profit causes, whether or not in connection with a larger organization, or engaging in spontaneous speech, including, but not limited to, speech between neighbors.
Campaigning for any elected public office or public question, which is to be voted upon in the Borough of Glen Rock at a general, special, primary or school board election, or in a local, state or national election;
Any representative, including agents or other third parties, employed by a public utility recognized by the New Jersey Board of Public Utilities and doing business in the Borough of Glen Rock.
Persons selling or soliciting orders for the sale of milk, dairy products, vegetables, poultry, eggs and other farm and garden produce.