[HISTORY: Adopted by Mayor and Council of Borough of Atlantic Highlands 8-27-1974 by Ord. No. 656. Amendments noted where applicable.]
Licensing — See Ch. 211.
It shall be unlawful for peddlers, solicitors or canvassers, as herein defined, to conduct their business or in any way solicit except under the conditions as provided in this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- CANVASSER or SOLICITOR
- Any person who goes from house to house selling or taking orders or offering to sell or take orders for goods, wares, merchandise or any article for future delivery, or for services to be performed in the future or for the making, manufacture or repair of any article or thing whatsoever, for future delivery, or for the solicitation of money for any purpose whatsoever.
- DISTRIBUTOR OF RELIGIOUS MATERIAL
- Any person distributing, without charge, printed material espousing, explaining or advocating an organized and recognized religion. Notwithstanding any provision hereof to the contrary, such person shall not be restricted or curtailed by the provisions contained herein, except that § 254-7 hereof regulating the hours of such distribution shall apply.
- Any person commonly referred to as a peddler or hawker, who goes from house to house and carries with him goods, wares and merchandise for the purpose of selling and delivering them to a consumer and consumers, but shall not include the distribution of religious material without charge.
No peddler, solicitor or canvasser shall sell or dispose of, or offer to sell or dispose of, or solicit for any wares, goods, merchandise or services within the Borough of Atlantic Highlands, without first having obtained a license therefor in accordance with the provisions of this chapter and without having paid the license fee as hereinafter prescribed, which license shall expire on December 31 of the year of issuance.
[Amended 8-25-1981 by Ord. No. 785]
Any person applying for a license under this chapter shall file with the Police Department of the Borough of Atlantic Highlands, on forms to be provided by him, an application for such license, together with the license fee as provided in Chapter 168, Article II, which fee shall be returned if such license is rejected, except in those cases of applications made to peddle, solicit or canvass solely on behalf of and for the benefit of any recognized nonprofit religious, charitable, education, civic or political organization; provided further that no license shall be required for any boy scout or girl scout, or any member of the Red Cross, the American Cancer Society and/or the Monmouth-Ocean County Cerebral Palsy Society who shall peddle, solicit or canvass on behalf of his organization while wearing his official uniform, or for local volunteer firemen or first-aid volunteers in the Borough of Atlantic Highlands while wearing clothing of suitable identification; nor shall any license be required for service clubs or educational groups established in and operating for the benefit of the general residents of the Borough of Atlantic Highlands with identification from said service clubs or educational groups. Any person desiring a license as a peddler or canvasser shall furnish the following information on forms to be supplied by the Police Department:
Name of applicant.
Permanent home address of applicant.
Name and address of firm or organization represented.
Length of time license desired.
Description of wares, literature or matter to be distributed or offered for sale.
Photograph of applicant taken within a period of one year preceding the application and not more than two inches square in size.
Letter from the firm or organization for which applicant purports to work, authorizing applicant to act as its representative.
Following the filing of any application for a license under the provisions of this chapter, the Police Department of the Borough of Atlantic Highlands shall conduct an investigation to ascertain the truth of the statements made by the applicant upon his application. If, upon completion of such investigation, it appears that the statements made upon the application are true, that if the applicant is a peddler, solicitor or canvasser and has not been convicted of any crime or misdemeanor involving moral turpitude and if the applicant has not been convicted of a prior violation of this chapter, the Police Department shall thereafter proceed to issue the license for which the application was made.
Every person holding a license under the provisions of this chapter shall display the same as follows: Any person holding a license authorized by this chapter shall be required to carry said license with him at all times; and in door-to-door canvassing or soliciting, he must hand the license to the person being solicited or canvassed for inspection at the time said license holder first approaches the individual.
Peddling, soliciting and canvassing and distribution of religious material shall be permitted only between the hours of 9:00 a.m. and 6:00 p.m., Mondays through Saturdays.
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by a penalty as provided in Chapter 1, Article II, General Penalty; and in addition thereto, the Mayor and Council may revoke any license granted hereunder or may suspend any license granted hereunder, after a reasonable opportunity for the licensee to be heard, for any violation of the provisions of this or any other ordinance of the Borough of Atlantic Highlands which may affect the operation of the licensee's business. In connection with the violation of this chapter, each day such violation shall be continued shall be deemed and taken to be a separate and distinct offense and violation thereof.