[HISTORY: Adopted by the Mayor and Council of the Borough
of Kenilworth 7-13-1993 by Ord.
No. 93-21.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees and licenses — See Ch. 91.
Food-handling establishments — See Ch. 100.
Garage sales — See Ch. 104.
Land use — See Ch. 120.
Food and beverage vending — See Ch. 202.
[1]
Editor's Note: This ordinance also superseded former
Ch. 144, Peddling and Soliciting, adopted 12-11-1991 by 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.
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.
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:
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
Seeks donations/contributions on behalf of charitable organizations
or for charitable purposes.
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.)
A.
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.
B.
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.
C.
Charitable fund-raisers and/or drives.
(1)
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.
(2)
With regard to § 144-9C(2), only the responsible person applying for the license 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
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 20 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]
A.
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 licenses and to enforce the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Said application shall be accompanied by:
[Amended 10-12-1994 by Ord. No. 94-16]
(2)
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.
(3)
A property damage and/or cleanup deposit of $250, which may, in the
discretion of the Chief of Police, be required, depending upon the
activity to be performed.
(4)
Fees, as hereinafter prescribed.
A.
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.
B.
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]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Upon approval by the Chief of Police and upon payment of the required
fees, the Chief of Police shall issue all licenses and keep all necessary
records pertaining thereto.
B.
Such issued licenses shall not be transferable or assignable to any
other person.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Every licensee shall have his license in his possession or on the
premises and prominently displayed while engaged in the business permitted.
The licensee shall produce his license at the request of any person
solicited, any Borough police officer or any official of the Borough.
B.
Every licensee 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 license in a prominent and suitable
place on his outer garment.
C.
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.
[Amended 3-29-1995 by Ord. No. 95-7; 9-12-2018 by Ord. No. 2018-14]
A.
An application fee as set forth in Chapter 91, Fees and Licenses, shall be paid for the processing of each license application.
B.
The license fee, which shall be valid for a period of 30 days, shall be set forth in Chapter 91, Fees and Licenses.
C.
The following persons are exempt from the payment of any license
fees upon a showing of proof satisfactory to the Chief of Police:
(1)
Non-profit-making vendors.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
[Amended 9-12-2018 by Ord. No. 2018-14]
A license shall be issued for a term not to exceed 30 days.
Upon renewal of the license, the payment of the application fee is
waived if the license is renewed within 60 days of the expiration
of the previously issued license.
A.
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.
B.
No person shall sell, solicit or offer to sell or solicit within
the Borough except between the hours of: 9:00 a.m. to 7:00 p.m., Monday
through Friday; 10:00 a.m. to 3:00 p.m., Saturday. No person shall
sell, solicit or offer to sell or solicit within the Borough on Sundays
or federal holidays.
[Amended 5-23-2018 by Ord. No. 2018-07]
C.
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 license. 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, any person licensed pursuant to this chapter
shall, at all times, comply with all state and federal child labor
laws and regulations.
[Amended 9-12-2018 by Ord. No. 2018-14]
D.
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]
[Amended 5-23-2018 by Ord. No. 2018-07; 9-12-2018 by Ord. No. 2018-14]
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 or the Borough's
"No Knock Ordinance," Ordinance No. 2018-06.[1]
[Amended 9-12-2018 by Ord. No. 2018-14]
A.
The provision of this chapter shall not apply to:
(1)
Sales at wholesale to retail merchants by commercial travelers or
selling agents in the usual course of business.
(2)
Wholesale trade shows and/or conventions.
(3)
Sales of goods, wares or merchandise by sample catalog or brochure
for future delivery.
(4)
Retail sale of ice cream and/or flavored water ice by motor vehicle
during the summer months.
(5)
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]
(6)
Garage sales held on the premises devoted to residential use.
(7)
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.
(8)
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 Borough Construction Official.
(9)
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 120, Land Use, Part 3, 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 120, Land Use, Part 3, Zoning.
B.
"Leased" shall be defined as a written lease of premises for a period
of not less than one year.
A.
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:58-10
et seq. Process shall be in the form of a summons and shall issue
from the Police Department as plaintiff.
[Amended 9-12-2018 by Ord. No. 2018-14]
B.
The Borough of Kenilworth Police Department, Zoning Officer, Construction
Official and Health Department shall have the authority to enforce
the provisions of this chapter.
