[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 7-13-1993 as Ord. No. 93-21. Amendments noted where applicable.]
Fees and licenses — See Ch. 91.
Food handling establishments — See Ch. 100.
Garage sales — See Ch. 104.
Zoning — See Ch. 197.
Food and beverage vending — See Ch. 202.
Editor's Note: This ordinance also superseded former Ch. 144, Peddling and Soliciting, adopted 12-11-1991 as Ord. No. 91-25.
The purpose of this chapter is to prevent fraud, crime and unethical and dishonest business practices and to protect the legitimate privacy expectations of the citizens of the borough while at home.
As used in this chapter, the following terms shall have the meanings indicated:
- A person who goes from place to place by travelling on the streets or from house to house for the purpose of soliciting opinions or sales orders.
- Includes all goods, wares, food, fruit, vegetables, farm products, trees, shrubs, flowers, magazines, periodicals and all kinds of articles of personal property for domestic use. Orders or contracts for services, home improvements or alterations shall be considered "merchandise" within the terms of this chapter.
- NON-PROFIT-MAKING VENDOR
- A person who sells goods or services, the proceeds of which are devoted exclusively to the purpose of a philanthropic, charitable or religious society on whose behalf he acts as agent, with or without pay.
- PEDDLER or HAWKER
- A person who goes from place to place by travelling on the streets or from house to house and carries with him goods, wares or merchandise for the purpose of selling and delivering them to consumers or buyers.
- A person who:
- A. Sells goods by sample or takes orders for services, home improvements or alterations to be furnished, done or delivered at a future date, with or without accepting an advance payment for the goods, wares, merchandise or services sold or contracted for; or
- B. Seeks donations/contributions on behalf of charitable organizations or for charitable purposes.
- TRANSIENT MERCHANT or ITINERANT VENDORS
- Persons, corporations or partnerships, whether principal or agent, who engage in a merchandising business in the borough with intent to close or discontinue such business within one year from the date of commencement, including those who, for the purpose of carrying on such business, hire, lease, rent or occupy any land, building, structure or railroad car for the exhibition and sale of such goods, wares and merchandise. "Transient merchant" shall also include any person who, as a private enterprise, schedules, organizes or promotes any entertainments, concerts, athletic events, contests, competitions or beauty pageants to be held on a nonregular basis and which requires the payment of a fee for entry or admission, wherein such event is to take place within the confines of the Borough of Kenilworth; provided, however, that no such person shall be classified as "transient merchant" if he is sponsored by any bona fide civic, fraternal, educational or religious organization having a local chapter in the Borough of Kenilworth. Nothing in this definition shall be construed to affect the sale of fruits, vegetables and farm products, such as meat, poultry, butter and eggs. (Reference N.J.S.A. 45:24-1.)
Peddler, hawker, solicitor and canvasser. It shall be unlawful for any peddler, hawker, solicitor or canvasser to sell or offer to sell or dispose of any goods, wares or merchandise or to contract for services to be rendered or to take or offer to take orders for any goods, wares, merchandise or services to be rendered or delivered in the future to any household or from door to door within the borough without first obtaining a license therefor as provided in this chapter.
Transient merchant or itinerant vendor. It shall be unlawful for any transient merchant or itinerant vendor to engage in a merchandising business as defined in § 144-2 without first obtaining a license therefor as provided in this chapter. For the purpose of this section, each individual location shall require a separate license.
Charitable fundraisers and/or drives.
Before any charitable or nonprofit organization conducts or attempts to conduct any activity permitted by this chapter at a fixed location within the Borough of Kenilworth, that organization must first designate a responsible person, who qualifies for exemption under § 144-9C of this chapter, and such person shall file with the Borough Police Department an application pursuant to § 144-4. The Police Department shall also be provided with a list of all persons who will participate to assist in the charitable or nonprofit activities, and each person so listed shall be a bona fide member of such charitable or nonprofit organization or otherwise qualify for exempt status.
With regard to § 144-9C(2), only the responsible person applying for the permit shall submit proof of exemption; however, any other person participating or assisting in a permitted activity must be a bona fide member of the organization qualifying for exemption and, upon request of any member of the Police Department, provide proof of the same.
Any person desiring a license to peddle, hawk, solicit or canvass or any transient merchant or itinerant vendor desiring a license to engage in a merchandising business shall, at least twenty-business days prior to the event, file an application with the Police Department on a form supplied by the Police Department. The application shall be in duplicate and sworn to by the applicant.
[Amended 3-29-1995 by Ord. No. 95-7]
The Chief of Police of the Borough of Kenilworth is hereby authorized and directed to draft and establish a uniform application as required by § 144-4 of this chapter. The Chief of Police shall also establish and promulgate rules and regulations as to the contents of said application and any accompanying information that the Chief of Police shall deem necessary in order to facilitate the issuance of permits and to enforce the provisions of this chapter.
Said application shall be accompanied by:
[Amended 10-12-1994 by Ord. No. 94-16]
A letter or written statement from the individual, firm, corporation, company or group with whom or with which the applicant is associated, certifying that the applicant is authorized to make the application and to act as his or its representative.
A two-hundred-fifty-dollar property damage and/or cleanup deposit, which may, in the discretion of the Chief of Police, be required, depending upon the activity to be performed.
Fees, as hereinafter prescribed.
The Chief of Police may cause such investigation to be made of the applicant, including but not limited to an investigation of the business and/or stated purpose of the applicant(s) or the applicant's corporation, company, organization or group, as he deems necessary for the protection of the public good. Said investigation shall not include the taking of the applicant's fingerprints unless probable cause has been established in regard to possible criminal activity of the applicant. The cost of fingerprinting shall be paid by the applicant.
In the event that the Chief of Police causes such an investigation, the Chief of Police shall signify his approval or rejection of the application on or before the 20th day of the date the completed application is received.
[Amended 3-29-1995 by Ord. No. 95-7]
Upon approval by the Chief of Police and upon payment of the required fees, the Chief of Police shall issue all permits and keep all necessary records pertaining thereto.
Such issued permits shall not be transferable or assignable to any other person.
Each individual, whether an employer or employee, who shall personally engage in the action set forth in § 144-3A of this chapter shall obtain the necessary permit.
Every permittee shall have his permit in his possession or on the premises and prominently displayed while engaged in the business permitted. The permittee shall produce his permit at the request of any person solicited, any borough police officer or any official of the borough.
Every permittee shall, in person, report to the Chief of Police or, in his absence, the officer in charge at Police Headquarters to notify the Kenilworth Police Department of his presence within the community on any date where the permitted activity takes place. While canvassing, the canvasser shall display said permit in a prominent and suitable place on his outer garment.
In the case of transient merchants or itinerant vendors, at the time of application each merchant or vendor shall provide the Police Department with a list of all employees, which list shall include names, addresses, telephone numbers and social security numbers. In the event that an employee is discharged, the Police Department shall be notified within 24 hours and shall be supplied with a written explanation setting forth the reasons for the discharge. In the event that a new person is employed, that person's name, address, telephone number and social security number shall be provided to the Police Department within 24 hours of hiring.
An application fee of $50 shall be paid for the processing of each permit application.
The permit fee, which shall be valid for a period of 30 days, shall be $150.
The following persons are exempt from the payment of any permit fees upon a showing of proof satisfactory to the Chief of Police:
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.
Any person who is an exempt fireman, as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing a license in conformity with said law.
Bona fide members or representatives of any church, social, civic, fraternal, political or philanthropic organization, so long as the intended activity is to benefit only the organization to which the member belongs.
[Amended 3-29-1995 by Ord. No. 95-7]
Any other person holding a license or permit issued under any legislation of the United States Government or by a state agency pursuant to statute.
A permit shall be issued for a term not to exceed 30 days. Upon renewal of the permit, the payment of the application fee is waived if the permit is renewed within 60 days of the expiration of the previously issued permit.
No person licensed under this chapter shall stand in the roadway or right-of-way of any street, highway or avenue to stop, impede, hinder or delay the progress of a vehicle for the purpose of soliciting the purchase of goods, merchandise or tickets or for the purpose of soliciting contributions for any cause, and the only question of law and fact in determining guilt under this section shall be whether goods, merchandise or tickets were tendered or offered for sale or whether a contribution was solicited.
No person shall sell, solicit or offer to sell or solicit except between the hours of 9:00 a.m. and 9:00 p.m. within the borough.
No minor under the age of 18 years of age shall peddle, hawk, solicit or canvas within the borough without the direct supervision of an adult whose name, address and telephone number shall be provided in the application for the permit. Direct supervision includes the presence of that adult within the borough at all times that the peddling, hawking, soliciting or canvassing is taking place. The age requirement contained herein notwithstanding or any licensed pursuant to this chapter shall, at all times, comply with all state and federal child labor laws and regulations.
The provisions of this chapter notwithstanding, no person, firm, corporation, nonprofit corporation or any persons exempt from the fee requirements of § 144-9C of this chapter shall sell or offer to sell or dispose of any goods, wares or merchandise at a fixed location within the Borough of Kenilworth unless such activity is a permitted use within the zone district where the activity is proposed to be located or unless otherwise excepted under § 144-14 of this chapter.
[Added 3-29-1995 by Ord. No. 95-7]
A permit granted as provided in this chapter shall be revoked by the Chief of Police or, in his absence, the officer in charge of police headquarters on the basis of further investigation with regard to the character of the permittee or upon the failure or default of the permittee to observe the provisions of this chapter.
Any person violating the terms of this chapter shall, upon conviction thereof, be fined not more than $500 or be imprisoned for not more than 90 days, or both.
The provision of this chapter shall not apply to:
Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of business.
Wholesale trade shows and/or conventions.
Sales of goods, wares or merchandise by sample catalog or brochure for future delivery.
Retail sale of ice cream and/or flavored water ice by motor vehicle during the summer months.
Any general sale, fair, auction or bazaar sponsored by any civic, fraternal, educational or religious organization, so long as such activity is contained wholly within the property lines of such organization and provided, further, that all proceeds of said sale are to be paid directly to the exempt organization sponsoring the activity.
[Amended 3-29-1995 by Ord. No. 95-7]
Garage sales held on the premises devoted to residential use.
Sales of crafts or items made by hand and sold or offered for sale by the person making such crafts or handmade items, provided that the same are offered for sale on the residential or commercial premises owned or leased by said person.
Any new home construction contractor, residential developer, master plumber or electrical contractor who is licensed or regulated by any state, county or municipal agency, division, department or professional board and any contractor of home improvements as defined in the New Jersey Administrative Code who, in the normal course of business, advertises or performs his services in the Borough of Kenilworth, provided that any such tradesman complies with all state, county and municipal regulations enforceable by the Township Construction Official.
Sale of produce, flowers or other agriculture products from buildings or from roadside stands where the premises in question are owned or leased by the merchant, it being the express intention of this chapter that nothing shall prohibit the sale of agriculture products on land owned by the merchant unless prohibited by Chapter 197, Zoning. Prior to the commencement of sales, the merchant shall apply to the Borough Zoning Enforcement Official and Borough Building Inspector for approval to ensure compliance with Chapter 197, Zoning.
"Leased" shall be defined as a written lease of premises for a period of not less than one year.
The Municipal Court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of this chapter. The proceedings shall be summary and in accordance with N.J.S.A. 2A:58-1 et seq. Process shall be in the form of a summons and shall issue from the Police Department as plaintiff.
The Borough of Kenilworth Police Department, Zoning Enforcement Officer, Construction Official and Health Department shall have the authority to enforce the provisions of this chapter.