[HISTORY: Adopted by the Township Council of the Township of East Hanover 5-2-1996 by Ord. No. 10-1996. Amendments noted where applicable.]
Fees and licenses — See Ch. 79.
Loitering — See Ch. 102.
Peace and good order — See Ch. 115.
Editor's Note: This ordinance also repealed former Ch. 118, Peddling and Soliciting, adopted 10-1-1987 by Ord. No. 24-1987.
As used in this chapter, the following terms shall have the meanings indicated:
- The practice of going from house to house, place to place or street to street for the purpose of distributing literature, pamphlets, handbills and the like in order to distribute information or seek support for commercial purposes, specifically including but not limited to the circulation of a petition and the seeking of contributions for a cause.
- CHARITABLE OR PHILANTHROPIC ORGANIZATION
- Any organization so defined by state or federal law.
- Any beverage or food, including ices, ice cream or any other
form of dessert or dairy product, suitable and intended for human
consumption.[Added 3-11-2002 by Ord. No. 4-2002]
- MOBILE RETAIL FOOD VENDOR
- Any movable restaurant, truck, van, trailer, cart or other
movable conveyence, including hand-carried or portable containers
in which food or beverage is transported, stored or prepared for retail
sale or to be given away at temporary locations. For the purpose of
this chapter, a mobile retail food vendor shall be deemed to be peddling
when offering its food or beverage to the public.[Added 3-11-2002 by Ord. No. 4-2002]
- NON-PROFIT-MAKING VENDOR
- A person who sells or collects goods or services, the proceeds of which are devoted exclusively to the purposes of a philanthropic, charitable or religious society on whose behalf he/she acts as agent.
- The practice of going either from house to house, place to place or street to street, traveling by foot, automotive vehicle or any other type of conveyance, selling services or carrying goods, wares or merchandise for the purpose of selling and delivering to consumers, or who engages in any of the foregoing activities from a stationary location on any street or other public place.
- Any individual, firm, partnership, corporation, voluntary association, church, religious denomination, society, political association, incorporated association or agent thereof.
- The practice of going either from house to house, place to place or street to street, traveling by foot, automotive vehicle or any other type of conveyance, soliciting, taking or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services, and whether or not said person is collecting advance payments on such sales or orders, or who engages in any of the foregoing activities from a stationary location on any street or other public place.
- TRANSIENT MERCHANTS
- Includes persons, commonly referred to as either "transient merchants" or "itinerant vendors," who engage in a merchandising business in the Township with the intent to close out 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 or occupy any building, lot, structure or railroad car for the exhibition and sale of such goods, wares and merchandise, provided that nothing herein shall be construed to affect the sale of fruit, vegetables and farm products, such as meats, poultry, butter and eggs.
[Amended 3-11-2002 by Ord. No. 4-2002]
It shall be unlawful to canvass, solicit or peddle within the Township of East Hanover without first obtaining a license therefor as provided in this chapter.
Transient merchants must also be licensed pursuant to the provisions of N.J.S.A. 45:24-1 et seq. and this chapter.
All peddlers or trade solicitors who desire to operate on Township property shall be required to obtain a concession from the Township. Such concession shall be granted in conformity the applicable provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and the rules and regulations promulgated thereunder.
Any person seeking a license under this chapter shall file an application with the East Hanover Township Police Department on a form supplied by said Department.
Contents of application.
The application form shall contain the following information:
The name of the applicant and the applicant's date of birth.
The applicant's permanent home address.
The applicant's temporary address.
The name and address and telephone number of the employer, company, organization or firm represented.
The place or places of residence of the applicant for the preceding three years.
The date on which canvassing, soliciting or peddling is to commence and end.
The nature of the goods or merchandise to be sold or offered for sale or the nature of the services to be furnished.
Whether the applicant has been convicted of a crime, disorderly person's offense or violation of any ordinance relating to canvassing, soliciting and/or peddling and, if so, when, where and the nature of the offense.
The names of other municipalities in New Jersey where the applicant has been issued a permit to canvass, solicit or peddle in the past two years.
Whether any motor vehicle will be used in connection with the canvassing, soliciting or peddling and, if so, the make, year, color, type and license plate number.
The route planned to be taken and the corresponding list of days the person will be canvassing, soliciting or peddling along that route.
A physical description of the applicant, including age, weight and height.
The applicant's social security number.
At least two personal references.
In the case of transient merchants, the application shall also set forth that information required pursuant to N.J.S.A. 45:24-4.
The application shall be accompanied by a letter or other written statement from the individual, firm or corporation employing the applicant certifying that the applicant is authorized to act as the representative of the individual, firm or corporation.
The application shall be accompanied by three passport-size photographs of each person who will be canvassing, soliciting or peddling for the applicant. Upon approval of the license, one such photograph shall be affixed to a badge issued by the Police Department; one such photograph shall be affixed to the license issued; and the other photograph shall be retained by the Police Department. In the alternative, the applicant may request the Police Department to take such photographs and pay the additional fee set forth in Chapter 79 of the East Hanover Code.
All applicants seeking a license under this chapter shall be fingerprinted and photographed by the East Hanover Township Police Department. The East Hanover Township Police Department shall only accept applications and applicants for processing between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. No applicants shall be processed on weekends or holidays. The applicant shall bear the costs of any fingerprint processing, which fee shall be separate and apart from the application processing fee established pursuant to § 118-9 of this chapter.
When said application is properly filled out and signed by the applicant and all accompanying information is provided and/or received, the Chief of Police shall investigate the statements made therein, as well as the information provided, and approve or disapprove the application within 14 days, unless the results of the fingerprint impressions have not yet been received from the New Jersey State Police, in which case the Chief of Police shall have three additional days after receipt of the New Jersey State Police fingerprint report to either grant or deny the license.
In addition to the filing of the completed application form referred to in the preceding section, an applicant for a transient merchant's license shall also fully comply with all of the provisions of N.J.S.A. 45:24-1 et seq., as amended and supplemented, before his/her application shall be considered.
Upon approval by the Chief of Police and upon payment of the required fees, the Township Clerk shall issue to the applicant a license, which license shall be in the form of a writing bearing the name of the licensee, the purpose for which the license was issued, the date of expiration and the signature of the Chief of Police.
Every person licensed pursuant to the provisions of this chapter shall carry the license with him/her at all times while engaged in his trade or occupation in the Township. Every licensee shall produce his/her license at the request of any officer of the Township.
All licenses and badges shall be valid for a period of one calendar year and if issued, shall be nontransferable or assignable to any person. All licenses and badges must be surrendered after cessation of use or the end of the calendar year, whichever comes first. Licenses of transient merchants, however, will be in accordance with N.J.S.A. 45:24-3.
If the applicant is denied a license, the Chief of Police shall set forth, in writing, his reasons therefor, which statement or reasons shall be submitted to the applicant.
If the applicant is dissatisfied with the decision of the Chief of Police, he/she may appeal that decision to the Township Council by requesting a hearing, in writing, and filing the request with the Township Clerk within 10 calendar days of the receipt of said refusal by the applicant. Said hearing shall be scheduled by the Council and shall be conducted by the Council at its next regularly scheduled meeting not fewer than three calendar days following the filing of the appeal with the Clerk. After the hearing, the Township Council shall, by majority vote, either affirm or overrule the decision of the Chief of Police. If the decision is affirmed, no license shall issue; if the decision is overruled, the Township Clerk shall issue the license on the next business day following the decision of the Township Council.
Every licensee shall be required to display the badge provided pursuant to § 118-3D on his/her outside clothing so that it is clearly visible while engaged in the business licensed.
At the time an application is filed, the applicant shall pay a nonrefundable application fee of $50 for the processing and investigation of said application.
The following license fees shall be charged for a canvassing, soliciting or peddling license, in addition to the application fees set forth in Subsection A of this section: $50 per day or $250 per year; provided, however, that any person securing a license after July 1 shall pay $125 for the remainder of the year.
The following persons are expressly exempt from the payment of any of the aforementioned fees for canvassing, peddling or solicitation licenses:
Any persons, honorably discharged from the military service of the United States, possessing a peddler's license issued pursuant to N.J.S.A. 45:24-9 and 45:24-10.
Any person who is an exempt firefighter, as defined by 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 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 their employer.
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 prior agreement.
Anyone under 17 years of age.
Any person claiming an exemption pursuant to Subsection C of this section shall indicate on the application the status claimed. An exempt fire-fighter or veteran, pursuant to N.J.S.A. 45:24-9 and 45:24-10, shall exhibit to the Chief of Police or officer in charge a copy of the license issued by the Clerk of the County, pursuant to N.J.S.A. 45:24-10.
The license fee for transient merchants shall be the maximum provided by law, pursuant to N.J.S.A. 45:24-3.
The Township Council may modify or waive the license fee for peddlers who are awarded a concession to peddle on public property to the extent that the concessionaire's other payments to the Township equal or exceed $250.
[Added 3-11-2002 by Ord. No. 4-2002]
Licenses issued under this chapter may be revoked by the Chief of Police, after notice and hearing, for any of the following causes:
Fraud, misrepresentation or false statement in the application for the license.
Fraud, misrepresentation or false statement made in the course of carrying on the licensed business or solicitation in the Township.
Any violation of this chapter.
Conviction of a crime involving moral turpitude or of a violation of any ordinance concerning soliciting, peddling or canvassing; or, in the case of transient merchants, a conviction of a crime involving moral turpitude or violation of any of the provisions of N.J.S.A. 45:24-1 et seq. or this chapter.
Conducting the licensed business or solicitation in the Township in an unlawful manner or in such a manner as 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 in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be given personally or mailed, certified, return receipt requested, to the licensee at his/her last known address at least five calendar days prior to the date set for the hearing.
Such license may, pending revocation proceedings, be suspended for not more than 10 days by the Chief of Police if, in his/her opinion, the conduct of the licensee is detrimental to the health, safety and welfare of the Township.
Soliciting, peddling and canvassing are prohibited on Sundays and holidays. No soliciting or canvassing activities shall be conducted before 10:00 a.m. or later than 8:00 p.m. on all other days.
[Amended 3-11-2002 by Ord. No. 4-2002]
Unless expressly permitted by action of the Township Council, solicitation or peddling for more than one hour in one location within any twenty-four-hour period, commencing at 12:01 a.m., is specifically prohibited. Any interruption or removal of equipment, vehicles, and/or wares during any twenty-four-hour period shall not constitute the commencement of a new sixty-minute period.
No trade solicitor, canvasser or peddler shall enter onto any property on which is located a sign or signs stating "No solicitors" or carrying a similar message forbidding the entry of any person onto the property.
[Added 3-11-2002 by Ord. No. 4-2002]
No peddler or trade solicitor shall ply his/her trade at any location on public property without first having been granted a concession to do so, and such concession shall specifically set forth the location upon said property at which the activity may be conducted.
The Township Council shall, in its sole discretion, determine the number and type of concessions to be granted for each location.
As to canvassing, solicitation and peddling licenses, this chapter shall not apply to the following upon submission of applicable identification and documents to support the claim to exemption:
Any charitable, philanthropic or religious organization or society, as defined by state or federal law.
Any historical organization, as defined in N.J.S.A. 45:24-7.
Candidates for public office and persons accompanying such candidates.
Any recognized school, political or civic organization, benevolent society, service club or organization not-for-profit which is located in the Township or has a majority of its members from the Township.
Anyone distributing literature, handbills, pamphlets and the like from person to person in any public forum, such as a public park or sidewalk; but nothing in this chapter shall be construed to have any effect upon enforcement by the police of traffic laws or other laws in the event that there is a violation of any such laws.
Exemptions from the licensing requirements for transient merchants, N.J.S.A. 45:24-1 et seq., shall be in accordance with N.J.S.A. 45:24-7.
In addition to the revocation or suspension of the license granted under this chapter, any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $1000 or by imprisonment for a term not exceeding 90 days, or both. The minimum penalty for a subsequent conviction will be $100.