[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong 7-11-1972 as Ch. 57 of the 1972 Code. Amendments noted where applicable.]
For the purposes of this chapter, the terms used herein are defined as follows:
- CANVASSER or SOLICITOR
- Any individual, whether a resident of the Borough of Netcong or not, traveling either by foot, wagon, automobile, motortruck or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the borough for the sole purpose of exhibiting samples and taking orders for future delivery.
- Any person, whether a resident of the Borough of Netcong or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, food, ice cream, fruit ice, soda water, or garden or farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers. The word "peddler" shall include the words "hawker" and "huckster."
- Shall include the singular and the plural, and shall also mean and include any person, firm or corporation, association, club, copartnership or society, or any other organization.
It shall be unlawful for any person to engage in the business of a peddler, hawker, solicitor or canvasser as defined in § 183-1 within the corporate limits of the Borough of Netcong without having first obtained a license and a permit as provided for herein. A separate license shall be obtained by a licensed peddler, hawker, solicitor or canvasser for every agent or employee working for him.
Applicants for permit and license under this chapter must file with the Borough Clerk a sworn application in writing (in duplicate), on a form to be furnished by the Borough Clerk, which shall give the following information.
Name and description of the applicant.
Permanent home address and full local address of the applicant.
A brief description of the nature of the business and the goods to be sold.
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
The length of time for which the right to do business is desired.
The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced; where such goods or products are located at the time said application is filed; and the proposed method of delivery.
A photograph of the applicant, taken within 60 days immediately prior to the date of filing of the application, which picture shall be two by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.
The fingerprints of the applicant and the names of at least two reliable property owners of the County of Morris and State of New Jersey who will certify as to the applicant's good character and business respectability, 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 properly evaluate such character and business responsibility.
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
Names of other municipalities within the State of New Jersey where licensed or where applicant has received a permit similar to one applied for herein.
Names of other municipalities within the State of New Jersey where any applications for a license or a permit as a peddler or hawker or solicitor or canvasser have been desired, refused, revoked or suspended.
Upon receipt of such application, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
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 for the same and return the said application to the Borough Clerk, who shall notify the applicant that the application is disapproved and that no permit and license will be issued.
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 permit addressed to the applicant for the carrying on of the business applied for, and return said permit, along with the application, to the Borough Clerk, who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of said licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such soliciting or canvassing. The Clerk shall keep a permanent record of all licenses issued.
The Borough Clerk shall issue to each licensee at the time of delivery of his license, a badge which shall show the nature of the license in letters and figures easily discernible from a distance of 10 feet. Such badge shall, during the time such licensee is engaged in peddling or soliciting, be worn constantly by the licensee on the front of his outer garment in such a way as to be visible to a person facing him.
All licensees using automobiles or other vehicles in connection with their business shall have affixed thereon a metal plate supplied by the Borough Clerk. The said metal plate shall bear the words "licensed peddler," "licensed hawker," "licensed solicitor" or "licensed canvasser," together with a number and the year for which it is issued.
At the time the application is filed, a fee of $10 shall be paid to the Borough Clerk to cover the cost of processing the application and investigating the facts stated therein.
No license issued under the provisions of this chapter shall be used at any time by any person other than the one to whom it was issued.
The requirements of this chapter shall not apply to the following:
Any charitable or religious society and any nonprofit corporation organized and existing under the laws of the State of New Jersey or any other state, that shall conduct sales of personal property, when the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable or religious object for which the society exists or to the purpose for which said nonprofit corporation was organized.
Any person honorably discharged from the military services of the United States, possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and 45:24-10.
Any person who is an exempt fireman of a volunteer fire department and defined in N.J.S.A. 45:24-9 and 45:24-10, possessing a license in conformity with said law.
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.
Any person selling fruits and farm products grown by himself, with or without the help of others.
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 reasons of a prior agreement.
Any person soliciting funds or selling personally on behalf of the Boy Scouts of America, Girl Scouts of America, Little League or other organizations of similar nature.
Peddlers, hawkers, solicitors and canvassers are required to exhibit their licenses at the request of any citizen with whom they wish to conduct their particular business activity, and furthermore they shall be required to produce said license upon the request of a police officer of the Borough of Netcong.
No peddler, hawker, solicitor or canvasser shall have any exclusive right to any one place upon any sidewalk or any street and shall not be permitted to operate in a congested area where his operation might impede or inconvenience the public. For the purpose of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
No peddler, hawker, solicitor or canvasser shall sell or attempt to sell within the corporate limits of the Borough of Netcong before 9:00 a.m. or after 9:00 p.m., prevailing time, unless said person has been expressly invited into a home by the occupants thereof, and furthermore no person who is exempt under the provisions of § 183-7 shall solicit or attempt to solicit or sell or attempt to sell within the corporate limits in the Borough of Netcong before 9:00 a.m. or after 9:00 p.m., prevailing time, unless said person has been expressly invited into a home by the occupant thereof.
It shall be the duty of any police officer of the Borough of Netcong to enforce the provisions of this chapter and require any person seen peddling or soliciting and who is not known by such officer to be duly licensed, to produce his license, and to enforce the provisions of this chapter against any person found to be violating the same.
The Chief of Police shall report to the Borough Clerk all convictions for violation of this chapter, and the Borough Clerk shall maintain a record for each license issued and record the reports of violation therein.
Permits and licenses issued under the provisions of this chapter may be revoked by the Mayor and Borough Council of the Borough of Netcong after notice and hearing, for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on his business as peddler.
Any violation of this chapter.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of the hearing for a revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date for hearing.
Any person aggrieved by the action of the Chief of Police or the Borough Clerk in the denial of an application for permit or license as provided in § 183-4, or in the decision with reference to the revocation of a license as provided in § 183-13, shall have the right of appeal to the Mayor and Borough Council of the Borough of Netcong. Such appeal shall be taken by filing with the Borough Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Borough Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 183-13 for notice of hearing or revocation. The decision and order of the Mayor and Borough Council on such appeal shall be final and conclusive.
All licenses shall expire on the date specified on the license.
[Amended 8-10-2006 by Ord. No. 2006-20]
Notwithstanding anything to the contrary contained herein, any person, firm or corporation who is licensed under the laws of the State of New Jersey as a real estate broker or a salesman shall not be required to pay any fee to obtain a license and permit as provided for herein; and furthermore said license and permit shall be issued to said person, firm, or corporation upon production of the aforesaid license or permit from the State of New Jersey, without any requirement of fingerprinting or other qualifying tests as provided for herein; however, said person, firm or corporation shall be subject to §§ 183-8, 183-9, and 183-10 of this chapter.