Borough of Pennington, NJ
Mercer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Pennington 12-4-1961 by Ord. No. 200. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 98.
Handbills — See Ch. 117.
Newsracks — See Ch. 131.
Selling in parks — See Ch. 143, 143-3.

§ 147-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER OR HAWKER
A person traveling on foot or by means of any conveyance from house to house, street to street or place to place, carrying goods, wares and merchandise for the purpose of selling and delivering them to consumers or buyers. This shall also mean the solicitation of funds or contributions of any type.
[Amended 12-6-1999 by Ord. No. 99-14]
SOLICITOR OR CANVASSER
A person traveling on foot or by means of conveyance from house to house, street to street or place to place, for the purpose of taking or attempting to take orders for the sale of goods, wares or merchandise for future delivery or for services to be performed, or for the making, manufacturing or repairing of any article or thing for future delivery, whether or not a sample is displayed and whether or not advance payments are collected.

§ 147-2 Purposes.

The purpose of this chapter is to provide for the protection of persons and property and preservation of safety and welfare of the Borough of Pennington and its inhabitants, and the fees charged for the issuance of licenses provided for herein are for the purpose of covering the expense of investigation and regulation and not for revenue.

§ 147-3 License required.

It shall be unlawful for any person to act as or carry on the business of peddler, hawker, solicitor or canvasser within the Borough of Pennington without first obtaining a license as hereinafter provided.

§ 147-4 Application information.

[Amended 12-6-1999 by Ord. No. 99-14]
Application for such a license shall be submitted in writing, in duplicate, to the Borough Clerk on forms provided, signed and sworn to by the applicant and shall contain the following information:
A. 
Name and description of the applicant.
B. 
The permanent home address and full local address, if any, of the applicant.
C. 
Description of the nature of the business, goods or services to be sold or performed.
D. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
E. 
A two-inch square photograph of the applicant.
F. 
The names and addresses of two reputable persons who will certify as to the applicant's good character and business responsibility.
G. 
A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or disorderly conduct, and if so, the nature, location and date thereof.

§ 147-5 Investigation.

[Amended 12-6-1999 by Ord. No. 99-14]
The original application shall be referred to the Pennington Borough Police Department for investigation.
A. 
Should the applicant's character and business responsibility be deemed satisfactory, approval shall be endorsed upon the application and returned to the Borough Clerk, who shall issue the license to the applicant upon payment of the fee hereinafter provided.
B. 
Should the applicant's character or business responsibility be determined unsatisfactory, such disapproval shall be indicated on the application and returned to the Borough Clerk, who shall notify the applicant of such disapproval. In such event, the license shall not be issued.

§ 147-6 Fee.

[Amended 12-6-1999 by Ord. No. 99-14; 4-5-2010 by Ord. No. 2010-5]
The amount of the required license fee is set forth in Article VI of Chapter 98 of this Code.

§ 147-7 Expiration of licenses.

All licenses issued pursuant to this chapter shall expire on December 31 next succeeding the date of issuance.

§ 147-8 Display of license upon request.

Any person to whom a license has been issued shall carry the same at all times while acting as or carrying on the business of peddler, hawker, solicitor or canvasser and shall display the same upon request.

§ 147-9 Revocation of license.

[Amended 12-6-1999 by Ord. No. 99-14]
Any license issued pursuant to this chapter may be revoked by the Pennington Borough Police Department for falsification of statements made in the application therefor, for violation of any of the terms of this chapter or for misrepresentations or fraudulent conduct while engaged in the activities authorized by such license.

§ 147-10 Exemptions.

[Amended 12-6-1999 by Ord. No. 99-14]
A license shall not be required by the following; however, any person or organization below shall be required to notify the Borough Clerk of any intent to solicit within the Borough:
A. 
Any person holding a license issued pursuant to the provisions of any statute of this state under the terms of which he or she may be entitled to peddle, hawk, solicit or canvass within this Borough.
B. 
Any person selling only at wholesale to dealers dealing in the goods, merchandise or articles sold.
C. 
Any person selling or delivering the produce of his or her own farm.
D. 
Any employee of a public utility which is subject to regulation by the Board of Public Utility Commissioners.
E. 
Any person taking part in any activity conducted by or under the auspices of any religious, charitable, educational, civic, fraternal or political organization; however, such organization shall file with the Borough Clerk the names and addresses of any members intending to solicit within the Borough of Pennington and the dates or dates of such solicitation.

§ 147-11 Violations and penalties.

[Amended 12-6-1999 by Ord. No. 99-14]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $1,000, to imprisonment not exceeding 90 days or to a period of community service not exceeding 90 days, or any combination thereof.