[HISTORY: Adopted by the Mayor and Council of the Borough of Highland Park 9-2-2014 by Ord. No. 14-1867. Amendments noted where applicable.]
Garage sales — See Ch. 213.
Licensing — See Ch. 247.
Littering — See Ch. 253.
Newspaper vending machines — See Ch. 261.
Editor's Note: This ordinance superseded former Ch. 290, Peddling, Soliciting and Canvassing, Art. I, Peddlers, Solicitors and Transient Merchants, adopted by Ord. No. 1101, as amended, and Art. II, Identification of Canvassers, adopted by Ord. No. 1201, as amended.
The Mayor and Council find and declare that: for persons engaged within the Borough in selling goods, taking orders for future delivery and offering services to residents by traveling from place to place or house to house without occupying specific fixed premises for the conduct of such business; and for certain other merchants conducting a merchandising business within the Borough from a specific, fixed location with the intent to discontinue such business within a brief period, usually less than one year; requiring licenses of such persons for the conduct of their business will help to prevent fraud, crime and unethical and dishonest business practices and will enhance the general protection, health and welfare of the residents of the Borough.
As used in this chapter, the following terms shall have the meanings indicated:
- A person who make surveys, analyses, opinion polls, rating data and any such similar work by going from door to door or place to place for the purpose of seeking contributions, donations, alms or support for any person or organization.
- NONPROFIT VENDOR
- A person who sells goods, the proceeds of which sales are devoted exclusively to the purposes of a philanthropist, charitable or religious society on whose behalf he acts as an agent without pay.
- A person, sometimes referred to as a "hawker," who goes from place to place by traveling on the streets, or from house to house, and carries with him goods, wares and merchandise for the purpose of selling and delivering them to consumers.
- A person selling goods by sample or taking orders for future delivery, with or without accepting advance payment for such goods.
- TRANSIENT MERCHANT
- A person, sometimes referred to as an "itinerant vendor," who engages in a merchandising business at a specific location within a municipality with intent to close out or discontinue such business within a period of one year from the date of commencement and occupies a room, building, tent, lot or other premises for the purpose of selling personal property, but nothing herein shall be construed to affect the sale of fruits, vegetables and farm products, such as meat, poultry butter and eggs.
No peddler, solicitor, or transient merchant, as defined in § 290-2, except those described in Subsection B of this section, shall sell or dispose of any goods, wares, services or merchandise within the Borough without first having obtained from the Borough Clerk a license and having paid the license fee hereinafter prescribed.
The following persons shall not be required to obtain nor pay for the license required under Subsection A, but all such persons shall abide by all regulations regarding peddling, soliciting and transient merchandising in the Borough.
No peddler's or solicitor's license shall be required of:
Honorably discharged veterans of the military, naval or marine forces of the United States and exempt firemen who are properly and legally in possession of special state licenses issued pursuant to N.J.S.A. 45:24-9;
Any blind person who is a resident of the Borough;
Members of duly incorporated first-aid squads providing volunteer service within the Borough;
Nonprofit vendors; and
No transient merchant's license shall be required of:
Any person who conducts a sale pursuant to statute or court order;
Certain charitable, religious and historical societies as defined in N.J.S.A. 45:24-7 are exempted from the requirement for obtaining a transient merchant license as long as such societies comply with the provisions of N.J.S.A. 45:24-7; and
An application for license as a peddler, solicitor, or transient merchant shall be submitted for each class of license on form(s) provided by the Borough Clerk, and accompanied by the appropriate fee.
In addition to the filing of the completed application form referred to in § 290-4, an applicant for a transient merchant's license shall also fully comply with all the provisions of N.J.S.A. 45:24-1 et seq., as amended and supplemented, before his application shall be considered by the Borough Clerk.
No transient merchant shall sell or offer for sale any personal property at an outdoor or open-air location within the Borough except during the following periods:
Any transient merchant who fails to comply with the provisions and requirements of this chapter or any part thereof, or makes a false or fraudulent representation in any statement required by this chapter to be filed by him, or falsely represents by advertising or otherwise that such personal property is in whole or in part damaged goods saved from fire, or makes any false statement as to the previous history or character of such personal property shall be guilty of a violation of the provisions of this chapter.
Upon payment of the appropriate fee, licenses may be renewed for consecutive periods without reapplication or reinvestigation, provided that no complaints have been lodged against the licensee. It shall be the responsibility of the applicant to amend the original application to reflect any changes in the information required therein.
All licenses shall be issued on forms prepared in accordance with this chapter. They shall be printed in book form with corresponding stubs and shall be consecutively numbered.
The license shall contain suitable blank spaces for writing in the name, the class of license granted, the location and type of business, and the amount of fee paid.
To every peddler granted a license or licenses, the Borough Clerk shall also issue, for each automobile, vehicle or wagon used in peddling, a metal plate bearing the words "Licensed Peddler, Borough of Highland Park," together with the number of the license and the year for which it is issued. The automobile, wagon, or other vehicle used for such peddling shall have affixed thereon the metal plate.
Every transient merchant to whom a license shall be granted under this chapter shall post his license certificate in a prominent place on his business premises, and shall keep same posted while engaged in the business licensed.
Every solicitor whose application shall be approved shall be issued a license bearing a photo identification, which shall be affixed on the lapel of his coat or outer garment while engaged in soliciting in the Borough.
The Borough Clerk shall keep the necessary books for recording the time that the application for the license is received, showing its class, whether new or renewal, the name of the licensee, the regular number of the blank form, when the application was approved by the Director of Police, the amount of fee received therefor, and the date when the license was issued.
No license issued pursuant to this chapter shall authorize any person except the person designated in the license to engage in the business thereunder. The license shall not be transferable from the person to whom it was specifically issued to any other person. A separate license shall be obtained through the methods and procedure described hereinabove in this chapter by every person who desires to be licensed or acts as an employee or agent of any other person already so licensed.
No peddler, solicitor, or vehicle of such peddler or solicitor shall stand or be parked in one location for the purpose of displaying, soliciting, or selling wares, merchandise, rides or services on any public or private property within the Borough for a period longer than 15 minutes, or for a lesser period, if at all, where to do so causes, or is likely to cause, a crowd, impede vehicular or pedestrian traffic, or produce annoying sounds, noise or disturbances which interfere with the comfort of the residents.
No person licensed pursuant to this chapter shall strew or litter or cause to be strewn or littered the public streets or sidewalks with refuse or waste matter of any kind or in any way interfere with the comfort or convenience of the residence or business of the occupants or owners of nearby properties.
No peddler or solicitor licensed pursuant to this chapter who has not been specifically requested to do so by the owners or legal occupants of private property or residences in this Borough shall go in or upon the private property or residences other than between the hours of 9:00 a.m. and 8:00 p.m.
No peddler shall use the public streets to display or sell any goods, wares, services, rides or merchandise in this Borough before 9:00 a.m. or after 8:00 p.m.
A license issued pursuant to the provisions of this chapter may be suspended or revoked by the Borough Clerk or by the Director of Police by reason of the violation of the terms of the license, of the violation of any provision of this chapter or any other municipal ordinance or state or federal statute, or falsification or misrepresentation in applying for a license. The licensee shall be granted a hearing with notice by the Borough Clerk or Director of Police upon request. No license may be suspended for more than four weeks without a hearing.