§ 201-1Definitions and inclusions.
§ 201-2License required; display and care of goods; prohibited acts.
§ 201-4Application for license.
§ 201-5Exempt organizations.
§ 201-6Investigation of applications.
§ 201-7Fees; exemptions.
§ 201-8Rules and regulations for licensees.
§ 201-11Exhibition of license.
§ 201-12Record of violations to be kept.
§ 201-13Revocation of license.
§ 201-14Expiration of license.
§ 201-15Normal delivery not affected.
§ 201-16Violations and penalties.
As used in this chapter, the following terms shall have the following meanings:
- ITINERANT MERCHANTS or TRANSIENT VENDORS
- As defined in the category of hawker, peddler, solicitor, canvasser or junk dealer, as set forth herein.
- PEDDLER or HAWKER
- Includes any person, whether a resident of the Township of Riverside or not, who goes from house to house, from place to place or from street to street conveying or transporting goods, wares or merchandise and offering or exposing the same for sale or making sales and delivering articles to purchasers.
- Includes any partnerships, partner, corporation or corporations or persons.
- SOLICITOR or CANVASSER
- Includes any person, whether a resident of the Township of Riverside or not, who goes from house to house, place to place or from street to street soliciting or taking or attempting to take orders for sale of services, goods, wares or merchandise, including magazines, books, periodicals, photographs or personal property of any nature whatsoever for future delivery or for services to be performed in the future, whether or not such individual has, carries or exposes for sale a sample or the subject for such order or whether or not he is collecting advance payment on such orders.
This chapter shall also include any person who distributes circulars or any other matter from house to house in the Township of Riverside.
It shall be unlawful for any hawkers, peddlers, canvassers or solicitors, as defined in this chapter, to engage in any such business or operations in the Township of Riverside without having first obtained a license therefor in compliance with the provisions of this chapter and, in any event, only in accordance with the terms and provisions of this chapter and only in parts or locations of the Township of Riverside as permitted herein.
All licensees who shall offer to sell, display for sale or sell or deliver fruits and vegetables and farm products from any vehicles which are wholly or in part open on any of the sides thereof shall, at all times, keep all fruits, vegetables and produce of any kind and nature completely screened and covered to avoid and eliminate the accumulation of flies or any other insects from alighting around or upon any and all said merchandise.
All licensees offering for sale, displaying for sale, selling or delivering seafood, meats, poultry or dairy products shall transport the same solely in refrigerated vehicles, and all such products shall remain in the refrigerated portion of said vehicle at all times to the time of sale or delivery, and said refrigerated portion, during the uses thereof, in accordance with this, shall be maintained at a properly low temperature to completely safeguard all of said products from a health and sanitary standpoint to the fullest reasonable extent possible for safety and welfare of the public.
No licensee shall at any time permit any debris, waste material, rotting produce or merchandise of any kind or any unfit produce to remain in or upon their vehicle unless the same is contained in a metal leakproof container having a metal properly fitted cover on said container.
No licensee shall canvass or solicit orders of any articles from pedestrians or vehicular traffic other than when said vehicle has been properly parked immediately adjacent to the curb of a public street in a permitted locality, and said licensee shall at no time double park when dealing with any of his trade and in no event shall transact any of his business operations other than on the curbside of his said vehicle.
No licensee shall at any time permit any waste materials or parts of produce or any other merchandise to remain in or upon any street, roadway, curbs or walks and shall at all times remove any such debris that may have fallen from his vehicle so that the same is immediately placed in the metal containers, as hereinabove provided.
All sales of merchandise by any licensee shall, at the time of said sale, be placed in bags or other like suitable containers, when the same shall be handed to customers of the said licensee.
The licensee shall prohibit, as reasonably as possible, the eating of any merchandise directly from his vehicle.
All licensees and their respective vehicles or modes of transportation in carrying on their permitted business shall at all times fully comply with all of the terms, covenants and conditions of this chapter and all other applicable municipal ordinances and all other applicable state laws, regulations or provisions pertaining thereto and, particularly but not in limitation thereof, that may deal with provisions of health, safety and general welfare.
The terms of this chapter shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles, and nothing contained herein shall be held to prohibit any sale required by statute or by order of any court.
Applicants for a license under this chapter must file with the Township Clerk a sworn application, in writing, which shall give the following information:
The name and physical description of the applicant.
The complete permanent home and local address of the applicant.
A description of the nature of the business and the goods, services or wares to be sold.
If employed, the name and address of the employer, together with credentials therefrom establishing the exact relationship.
The length of time for which the right to do business is desired and the days of the week and the hours of the day within which said business will be conducted. Under no circumstances shall a mobile licensee operate after 10:00 p.m., prevailing time.
The source of supply of the goods or property or services proposed to be sold, where such goods, services or products are located and the method of delivery.
Three recent photographs of the applicant which shall be approximately two by two (2 x 2) inches, showing the head and shoulders of the applicant in a clear and distinguished manner.
Appropriate 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 ordinances, other than traffic violations, the nature of the offense and the punishment or penalty assessed therefor.
The applicant shall be fingerprinted, if requested by the Director of Public Safety, who shall determine whether said fingerprints are necessary for proper identification, which fingerprints are to be recorded and processed immediately for classification and identification.
No license shall be issued until the application shall have been approved by the Director of Public Safety, allowing adequate time for investigation of the facts set forth in the application.
Applications for partners shall be signed by all partners with foregoing provisions of this section answered in detail as to each said partner, and applications of corporations shall have attached thereto individual statements, in accordance with all of the provisions of this section, relating to each and every employee, agent or servant who shall engage in any of the functions authorized by this chapter and signed by each such agent, servant or employee, and full compliance herewith by each such individual.
Any person, organization or association desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization at any place or places within the Township of Riverside for a charitable, religious, patriotic or philanthropic purpose shall be exempt from provisions of §§ 201-4 and 201-7 of this chapter, provided that there is filed a sworn application, in writing, with the Township Clerk or Director of Public Safety, which shall give the following information:
The name and purpose of the cause for which the permit is sought.
The names and addresses of the officers and directors of the organization.
The period during which solicitation is to be carried on.
Whether or not any commission, fees, wages or emoluments are to be expended in connection with such solicitation and the amount thereof.
The name and address of each agent or representative who will conduct solicitations and the length of time that such agent or representative has been employed or affiliated with such organization, society, association or corporation.
Upon being satisfied that such persons, organization, society or association is a religious, charitable, patriotic or philanthropic organization and that the agents or representatives who shall conduct the solicitations are of good moral character and reputation, the Township Clerk or Director of Public Safety shall issue a permit without charge to such organization, association or corporation to solicit in the township. Such organization, association or corporation shall furnish all its members, agents or representatives conducting solicitation credentials, in writing, stating the name of the organization, the name of the agent and the purpose of the solicitation.
Each application shall be referred to the Director of Public Safety or officer in charge of the Police Department, who shall immediately institute such investigation of the applicant's business and moral character as he deems necessary for the protection of the public good and shall endorse the application in the manner prescribed in this section within a reasonable period of time after it has been filed by the applicant.
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory or the product or services are not free from fraud, the Director of Public Safety shall endorse on such application his disapproval and his reasons for the same and return said application to the Township Clerk, who shall notify the applicant that his application is disapproved and that no license will be issued.
Every applicant for a license shall be charged by the Township Clerk for such license $10 per year.
Any veteran who holds a special state license issued under the laws of the State of New Jersey shall be exempt from securing a license as provided herein for hawking and peddling, but shall be required to procure from the Township Clerk a special veteran's permit which shall be issued by the Township Clerk, upon proper identification.
Any person to whom a valid mercantile license shall have been issued under provisions of laws other than the within chapter shall be exempt from securing a license as provided in the section, but said person or said person's employees, agent or servants shall be required to comply with all other sections of this chapter and shall be required to procure from the Township Clerk a permit, upon proper identification and said compliance herewith.
Every person, society, association or organization to whom a license is issued under the terms of this chapter shall be governed by the following rules and regulations:
All circulars, samples or other matter shall be handed to the occupant of the property and not left on or about the same.
No person subject to the provisions of this chapter shall canvass, solicit or distribute circulars or other matter or call from house to house except during reasonable hours during the day and on weekdays.
No person subject to the terms of this chapter shall enter or attempt to enter the lands or house of any resident in the Township of Riverside without an express invitation from the occupant of the house.
No person subject to this chapter shall conduct themselves in such a manner as to become objectionable or to annoy an occupant of any house.
No licensee or any person in his behalf shall shout, cry out, blow a horn, ring a bell or use any sound making or amplifying device upon any of the streets, parks or other public places of the township or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, parks or other public places for the purpose of attracting attention to any goods, wares, merchandise or services which said licensee proposes to sell.
No licensee shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location thereon, nor shall any be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets. For the purpose of this chapter, the judgment of the police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced.
Licensees are required to exhibit their certificate of license at the request of any citizen or member of the Police Department.
The Director of Public Safety shall report to the Township Clerk all convictions for violation of this chapter, and the Township Clerk shall maintain a record for each license issued and record the reports of violation therein.
Licenses issued under the provisions of this chapter may be revoked by the Township Committee of the Township of Riverside after notice and hearing for any of the following causes:
Fraud, misrepresentation or a materially incorrect statement contained in the application for license.
Fraud, misrepresentation or a materially incorrect statement made in the course of carrying on his business as solicitor, canvasser or peddler.
Any violation of this chapter.
Conviction of any crime or misdemeanor.
Conducting the business of peddler, canvasser or solicitor, as the case may be, 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 revocation of a license shall be given by the Township Clerk 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 set for hearing or shall be delivered by a police officer in the same manner as a summons at least three days prior to the date set for hearing.
All annual licenses issued under the provisions of this chapter shall expire at midnight the 31st day of December in the year when issued. Other than annual licenses shall expire at 12:00 midnight on the date specified in the license.
This chapter shall not affect any person engaged in delivering wares, goods or merchandise or other articles or things in the regular course of business to the premises of the person ordering or entitled to receive the same.
Any person violating the terms of this chapter, whether as principal or agent or employee of another, shall, upon conviction in the Municipal Court of the Township of Riverside, be subject to one or more of the following: a fine not exceeding $1,000; a term of imprisonment not exceeding 90 days; or a period of community service not exceeding 90 days.