City of Hackensack, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Hackensack 2-3-1969 by Ord. No. 937; amended in its entirety 2-15-2011 by Ord. No. 3-2011. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Advertising materials — See Ch. 45.
Auctions and auctioneers — See Ch. 54.
Ice cream peddlers — See Ch. 90, Article IV.
Distribution of samples — See Ch. 97, § 97-2.
Licenses and permits — See Ch. 107.
Noise — See Ch. 112.
Peace and good order — See Ch. 119.
Special sales — See Ch. 138.
As used in this chapter, the following terms shall have the meanings indicated:
MERCHANDISE
All goods, wares, toys, pictures, paintings, food, fruits, vegetables, farm products, magazines, periodicals and all kinds of articles of personal property for domestic use and orders or contracts for service, home improvement or alterations shall be considered "merchandise" within the terms of this chapter.
PEDDLER
Any person who goes from place to place by traveling on the streets and roads or from house to house carrying, conveying or transporting goods, wares or merchandise for the purpose of selling or delivering them to customers or seeking donations from other persons. The word "peddler" shall include the words "hawker" and "huckster."
SOLICITOR
Any person who goes from place to place by traveling on the streets and roads or from house to house, taking or attempting to take orders for the sale of goods, wares and merchandise or personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the object to be sold and whether or not he is collecting advance payments on such sales. This definition shall not include wholesale salesmen calling on retail merchants.
The purpose of this chapter is to prevent fraud, crime and unethical and dishonest business practices. The fees to be charged for the issuance of licenses are not to be considered as revenue but are charged for the purpose of covering the expense of investigation and regulating the conduct of the licensees.
A. 
Except as otherwise provided in § 121-4 hereof, it shall be unlawful for any solicitor, hawker or peddler to sell or dispose of or to offer to sell or dispose of any goods, wares or merchandise or to solicit orders for the performance of any service or to otherwise seek funds within the corporate limits of the City of Hackensack without first obtaining a license or registering in compliance with the provisions of this chapter.
B. 
Such license shall not be transferable from the person to whom it is issued to any other person. A separate license shall be obtained by a licensed solicitor, hawker or peddler for every agent or employee working for him in compliance with the provisions of this chapter. No license shall be issued to any applicant under the age of 15 years of age. Satisfactory proof of age must be presented to the Police Department at the time an application form is requested.
A. 
Exemptions. The requirements of this chapter shall not apply to the following:
(1) 
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.
(2) 
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 reason of a prior agreement.
(3) 
Any person engaged in the act of delivering newspapers.
(4) 
Any person or persons employed by a licensed insurance company duly authorized to do business in the City of Hackensack.
(5) 
Food and beverage peddlers who are required to get a permit from the Health Department.[1]
[1]
Editor's Note: For provisions as to permits for food and beverage peddlers, see Ch. 90, Food and Drink, Articles I and IV.
B. 
Exceptions. The requirements of §§ 121-5, 121-6 and 121-7 of this chapter shall not apply to the following:
(1) 
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.
(2) 
Any person who is an exempt fireman of a volunteer fire department as defined in N.J.S.A. 45:24-9 and 45:24-10, possessing a license in conformity with said law.
(3) 
Any person selling fruits and farm products grown by himself, with or without the help of others.
(4) 
Any person, firm, partnership, corporation, association or any other organization, or any principal or agent thereof, who is engaged in interstate commerce as defined by federal and state court decisions.
A. 
Every applicant for a license issued pursuant to this chapter shall comply with the provisions of Chapter 107, Licenses and Permits.
B. 
Every applicant for a license under this chapter shall file with the Police Department a sworn written application, in duplicate, on a form to be furnished by said Police Department, which shall comply with all the requirements of § 107-6 of said Chapter 107 and, in addition, shall give or be accompanied by the following:
(1) 
Full local address of the applicant, together with said applicant's telephone number.
(2) 
A brief statement of the nature of the business and a description of the merchandise or service to be sold.
(3) 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
(4) 
The length of time for which the license is desired.
(5) 
If a vehicle is to be used, a description of such vehicle and its license number.
(6) 
The place where the goods or property to be sold or offered for sale are manufactured or produced, where such goods or property are located at the time such application is filed and the proposed method of delivery.
At the time the application is filed, a fee in the amount set forth in Chapter 107, Licenses and Permits, shall be paid to the Police Department to cover the cost of processing the application and investigating the facts stated therein. An additional fee shall be paid for the separate license required for every agent or employee working for a licensed solicitor, hawker or peddler.
A. 
When the aforesaid application is properly filled out and signed by the applicant, the original and duplicate thereof shall be filed with the Police Department; said Department shall refer the original to the Chief of Police, who shall make or cause to be made such investigation of the applicant's business responsibility and moral character as he deems necessary for protection of the public good.
(1) 
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 therefor and shall notify the applicant that the application is disapproved and that no license shall be issued.
(a) 
Any determination by the Chief of Police that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
[1] 
Conviction of a crime involving moral turpitude.
[2] 
Prior violation of a peddling or soliciting ordinance.
[3] 
Previous fraudulent acts or conduct.
[4] 
Record of breaches of solicited contracts.
[5] 
Concrete evidence of bad character.
(b) 
In the absence of any such finding, the Chief of Police shall find the application satisfactory.
(2) 
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 license addressed to the applicant to conduct the business applied for, and issue the license to the applicant. Such license shall contain the signature of the issuing officer and shall show the name, address and photograph of the licensee, the class of license issued, the kind of goods or services to be sold thereunder, the date of issue, the length of time the license shall be operative and the license number and other identifying description of any vehicle used in the peddling or soliciting activity licensed.
B. 
The investigation of the applicant and issuance of the license shall also comply with the provisions of Article III of Chapter 107, Licenses and Permits, insofar as such provisions are not inconsistent herewith.
A. 
Every holder of a license issued by the Police Department under the authority of this chapter or by the Clerk of the County of Bergen under the authority of N.J.S.A. 45:24-9 shall be required to carry such license with him while engaged in the business or activity licensed within the corporate limits of the City of Hackensack. He shall produce such license at the request of any official of said City or of any resident of said City with whom he wishes to conduct his said business or activity.
B. 
Every such licensee, and every person referred to in § 121-4B, shall restrict his selling or soliciting activity within the City of Hackensack to the hours between 9:00 a.m. and 9:00 p.m., prevailing time, on Monday through Saturday.
C. 
On each day of such activity, the licensee shall notify the officer in charge of the desk immediately before commencing his selling or soliciting activity and immediately after completing said activity. Such notification shall include a statement as to the general area of the City of Hackensack in which the licensee, as well as every person referred to in § 121-4B, intends to conduct or has conducted said activity.
A. 
No peddler or solicitor shall call attention to his business or to merchandise by crying out, blowing a horn, ringing a bell, other than the doorbell of a building, or by any other loud or unusual noise.[1]
[1]
Editor's Note: See also Ch. 112, Noise.
B. 
No peddler or solicitor shall conduct or attempt to conduct his business at any residence or on any property on which is posted a sign indicating that such peddling and soliciting is prohibited.
C. 
It shall be unlawful for any person engaging in the business of peddling or soliciting to park any vehicle within the lines of any public street, road or other public place, for the purpose of engaging in such business, for a period longer than five minutes. No such vehicle used for the conducting of the aforesaid business shall be parked at any on-street or off-street parking meter space. Peddlers and solicitors are to conduct their operations by continuously moving from location to location.
It shall be the duty of any police officer of the City of Hackensack to enforce the provisions of this chapter and to require any person seen peddling or soliciting who is not known by such officer to be duly licensed to produce his peddler's or solicitor's license.
The Police Department shall maintain a record of all licenses issued under the provisions of this chapter and shall record therein all convictions for violations of this chapter and other pertinent circumstances and incidents reported to said Police Department.
Licenses issued under the provisions of this chapter may be revoked or suspended by the City Manager as provided in Article VII of Chapter 107, Licenses and Permits, and such revocation or suspension shall be subject to appeal as provided in said Article VII.
All licenses issued under the provisions of this chapter shall expire one year after the date of issuance of said license. Any such license may be renewed by payment of an additional registration fee equal to the original fee paid for said license and upon compliance with the provisions of § 107-16 of Chapter 107, Licenses and Permits.
A. 
Peddlers and solicitors who are exempt from the application, fee and license requirements of this chapter as cited in § 121-4B shall register with the Police Department prior to initiation of the peddling or soliciting, providing the following information:
(1) 
The full name, local address and telephone number of the registrant.
(2) 
The name and address of the agency or organization to which the registrant is affiliated and a brief description of its purpose.
(3) 
The duration of time during which peddling or solicitation will occur, and the locations within the City where the activity will occur.
(4) 
If a vehicle is to be used, a description of such vehicle and its license number.
B. 
This information will be retained on file with the Police Department and will be made available to any person who shall inquire of the Police Department. The Chief of Police may have the registered information verified in order to ensure its accuracy and in order to protect the public good. If this verification should indicate that this information is not correct, the Chief of Police or his designee shall contact the registrant and advise him that he cannot solicit or peddle on the City streets until such time as the correct information is provided to the satisfaction of the Chief of Police.