[HISTORY: Adopted by the City Council of
the City of Hackensack 2-3-1969 by Ord. No. 937; amended in its entirety
2-15-2011 by Ord. No. 3-2011. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
All goods, wares, toys, pictures, paintings, food, fruits,
vegetables, farm products, magazines, periodicals and all kinds of
articles of personal property for domestic use and orders or contracts
for service, home improvement or alterations shall be considered "merchandise"
within the terms of this chapter.
Any person who goes from place to place by traveling on the
streets and roads or from house to house carrying, conveying or transporting
goods, wares or merchandise for the purpose of selling or delivering
them to customers or seeking donations from other persons. The word
"peddler" shall include the words "hawker" and "huckster."
Any person who goes from place to place by traveling on the
streets and roads or from house to house, taking or attempting to
take orders for the sale of goods, wares and merchandise or personal
property of any nature whatsoever for future delivery or for services
to be furnished or performed in the future, whether or not such person
has, carries or exposes for sale a sample of the object to be sold
and whether or not he is collecting advance payments on such sales.
This definition shall not include wholesale salesmen calling on retail
merchants.
The purpose of this chapter is to prevent fraud, crime and unethical
and dishonest business practices. The fees to be charged for the issuance
of licenses are not to be considered as revenue but are charged for
the purpose of covering the expense of investigation and regulating
the conduct of the licensees.
A.
Except as otherwise provided in § 121-4 hereof, it shall be unlawful for any solicitor, hawker or peddler to sell or dispose of or to offer to sell or dispose of any goods, wares or merchandise or to solicit orders for the performance of any service or to otherwise seek funds within the corporate limits of the City of Hackensack without first obtaining a license or registering in compliance with the provisions of this chapter.
B.
Such license shall not be transferable from the person to whom it
is issued to any other person. A separate license shall be obtained
by a licensed solicitor, hawker or peddler for every agent or employee
working for him in compliance with the provisions of this chapter.
No license shall be issued to any applicant under the age of 15 years
of age. Satisfactory proof of age must be presented to the Police
Department at the time an application form is requested.
A.
Exemptions. The requirements of this chapter shall not apply to the
following:
(1)
Any public utility or its employees, which said public utility is
subject to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employees shall display the identification
badge or card issued by his employer.
(2)
Any person engaged in the delivery of goods, wares or merchandise
or other articles or things in the regular course of business to the
premises of persons who had previously ordered the same or were entitled
to receive the same by reason of a prior agreement.
(3)
Any person engaged in the act of delivering newspapers.
(4)
Any person or persons employed by a licensed insurance company duly
authorized to do business in the City of Hackensack.
B.
Exceptions. The requirements of §§ 121-5, 121-6 and 121-7 of this chapter shall not apply to the following:
(1)
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. 45:24-9 and 45:24-10.
(2)
Any person who is an exempt fireman of a volunteer fire department
as defined in N.J.S.A. 45:24-9 and 45:24-10, possessing a license
in conformity with said law.
(3)
Any person selling fruits and farm products grown by himself, with
or without the help of others.
(4)
Any person, firm, partnership, corporation, association or any other
organization, or any principal or agent thereof, who is engaged in
interstate commerce as defined by federal and state court decisions.
A.
Every applicant for a license issued pursuant to this chapter shall comply with the provisions of Chapter 107, Licenses and Permits.
B.
Every applicant for a license under this chapter shall file with the Police Department a sworn written application, in duplicate, on a form to be furnished by said Police Department, which shall comply with all the requirements of § 107-6 of said Chapter 107 and, in addition, shall give or be accompanied by the following:
(1)
Full local address of the applicant, together with said applicant's
telephone number.
(2)
A brief statement of the nature of the business and a description
of the merchandise or service to be sold.
(3)
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
(4)
The length of time for which the license is desired.
(5)
If a vehicle is to be used, a description of such vehicle and its
license number.
(6)
The place where the goods or property to be sold or offered for sale
are manufactured or produced, where such goods or property are located
at the time such application is filed and the proposed method of delivery.
At the time the application is filed, a fee in the amount set forth in Chapter 107, Licenses and Permits, shall be paid to the Police Department to cover the cost of processing the application and investigating the facts stated therein. An additional fee shall be paid for the separate license required for every agent or employee working for a licensed solicitor, hawker or peddler.
A.
When the aforesaid application is properly filled out and signed
by the applicant, the original and duplicate thereof shall be filed
with the Police Department; said Department shall refer the original
to the Chief of Police, who shall make or cause to be made such investigation
of the applicant's business responsibility and moral character as
he deems necessary for protection of the public good.
(1)
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 therefor and shall notify the applicant that the application
is disapproved and that no license shall be issued.
(2)
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 on the application his approval, execute
a license addressed to the applicant to conduct the business applied
for, and issue the license to the applicant. Such license shall contain
the signature of the issuing officer and shall show the name, address
and photograph of the licensee, the class of license issued, the kind
of goods or services to be sold thereunder, the date of issue, the
length of time the license shall be operative and the license number
and other identifying description of any vehicle used in the peddling
or soliciting activity licensed.
A.
Every holder of a license issued by the Police Department under the
authority of this chapter or by the Clerk of the County of Bergen
under the authority of N.J.S.A. 45:24-9 shall be required to carry
such license with him while engaged in the business or activity licensed
within the corporate limits of the City of Hackensack. He shall produce
such license at the request of any official of said City or of any
resident of said City with whom he wishes to conduct his said business
or activity.
B.
Every such licensee, and every person referred to in § 121-4B, shall restrict his selling or soliciting activity within the City of Hackensack to the hours between 9:00 a.m. and 9:00 p.m., prevailing time, on Monday through Saturday.
C.
On each day of such activity, the licensee shall notify the officer in charge of the desk immediately before commencing his selling or soliciting activity and immediately after completing said activity. Such notification shall include a statement as to the general area of the City of Hackensack in which the licensee, as well as every person referred to in § 121-4B, intends to conduct or has conducted said activity.
B.
No peddler or solicitor shall conduct or attempt to conduct his business
at any residence or on any property on which is posted a sign indicating
that such peddling and soliciting is prohibited.
C.
It shall be unlawful for any person engaging in the business of peddling
or soliciting to park any vehicle within the lines of any public street,
road or other public place, for the purpose of engaging in such business,
for a period longer than five minutes. No such vehicle used for the
conducting of the aforesaid business shall be parked at any on-street
or off-street parking meter space. Peddlers and solicitors are to
conduct their operations by continuously moving from location to location.
D.
Notwithstanding any other provision of the City Code, and except
as set forth herein, it is unlawful for any person to solicit, sell,
or offer for sale any goods, wares, or merchandise, or any service
whatsoever, on any City-owned property, including public parking lots,
whether or not such person so soliciting, selling, or offering to
sell has a business license for an established business within the
City. However, the City Manager shall have the authority to grant
permission to do so for a defined, limited period in conjunction with
a City-sponsored or approved event on City-owned property. Any such
authorization by the City Manager shall be in writing with a copy
provided to the City Clerk and command authority of the Hackensack
Police Department. The foregoing prohibition shall not include a concession
that is authorized by the City Council to operate on City property.
[Added 9-28-2021 by Ord.
No. 47-2021]
It shall be the duty of any police officer of the City of Hackensack
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 his peddler's or solicitor's license.
The Police Department shall maintain a record of all licenses
issued under the provisions of this chapter and shall record therein
all convictions for violations of this chapter and other pertinent
circumstances and incidents reported to said Police Department.
All licenses issued under the provisions of this chapter shall expire one year after the date of issuance of said license. Any such license may be renewed by payment of an additional registration fee equal to the original fee paid for said license and upon compliance with the provisions of § 107-16 of Chapter 107, Licenses and Permits.
A.
Peddlers and solicitors who are exempt from the application, fee and license requirements of this chapter as cited in § 121-4B shall register with the Police Department prior to initiation of the peddling or soliciting, providing the following information:
(1)
The full name, local address and telephone number of the registrant.
(2)
The name and address of the agency or organization to which the registrant
is affiliated and a brief description of its purpose.
(3)
The duration of time during which peddling or solicitation will occur,
and the locations within the City where the activity will occur.
(4)
If a vehicle is to be used, a description of such vehicle and its
license number.
B.
This information will be retained on file with the Police Department
and will be made available to any person who shall inquire of the
Police Department. The Chief of Police may have the registered information
verified in order to ensure its accuracy and in order to protect the
public good. If this verification should indicate that this information
is not correct, the Chief of Police or his designee shall contact
the registrant and advise him that he cannot solicit or peddle on
the City streets until such time as the correct information is provided
to the satisfaction of the Chief of Police.
