[HISTORY: Adopted by the Township Council of the Township of Evesham as indicated in article histories. Amendments noted where applicable.]
Article I Soliciting
Article II Peddlers, Transient Merchants and Non-Profit-Making Vendors
[Adopted 3-20-1973 by Ord. No. 13-3-73]
As used in this article, the following terms shall have the meanings indicated:
- A. Includes itinerant vendors of merchandise who shall go from door to door or from house to house in this Township selling, causing to be sold, offering for sale or causing to be offered for sale, or taking orders for present or future delivery of, merchandise of any description whatsoever.
- B. Includes persons going from door to door for the purpose of obtaining alms, orders or subscriptions, or making canvasses or surveys or other solicitations, including opinion polls and the like, or other types of solicitation.
No person, except as provided in this article, shall canvass, solicit or distribute circulars or samples without first having reported to and received a written permit from the officer in charge of the Evesham Township Police Headquarters.
Specifically exempted from the provision of this article and from the meaning of the word "solicitor," as herein defined, are charitable organizations, civic organizations, political organizations, religious organizations and churches and/or their authorized representatives, all of whom shall be permitted and authorized to solicit without obtaining a permit, as herein set forth. It is provided, however, that any such charitable, civic, political, religious or church organizations, or their authorized representatives, shall be required, in advance of making any such solicitation, to inform the officer in charge at the Evesham Township Police Headquarters of the purpose of the solicitation, the identity of the charitable, civic, political, religious or church organization which they represent, and the dates and places on which they propose to make such solicitations.
The officer in charge of Police Headquarters shall grant permits to canvass, solicit or distribute upon the applicant's compliance with the terms hereof, which permits shall have an expiration date which shall be one year from the date of issuance. Such officer shall refuse to grant permits in all cases where the application or further investigation to be made at the discretion of such officer shows that the applicant is not of good character, or that he is canvassing, soliciting or distributing for a project not free from fraud or that said person has been convicted of a crime. The officer in charge of Police Headquarters shall revoke the permit for failure or refusal on the part of the applicant to continuously comply with the rules and regulations herein set forth.
The officer in charge at Police Headquarters issuing the permit may, in his discretion, issue the permit without receiving information from various law enforcement agencies; however, nothing in this article shall be construed to prevent said officer from retracting said permit in the event that a later report from a law enforcement agency reveals information which would prohibit the issuance of the permit.
Before the permit may be issued:
The applicant shall make an application giving under oath his or her full name and address, age, height, weight, place of birth, length and place of residence, whether or not previously arrested or convicted of a crime, by whom employed, the address of his or her employer and a description of the project for which he or she is canvassing, soliciting or distributing.
[Amended 11-1-1977 by Ord. No. 40-11-77]
The applicant shall be fingerprinted and photographed by the Evesham Township Police Department. A copy of the fingerprints and photograph shall be affixed to and become a part of any permit issued.
The applicant shall give such other information as may be necessary to determine whether or not the business he is to transact is interstate or intrastate commerce.
No person, whether registered or not, shall visit or call at any private residence for the purpose of soliciting or distributing, as defined in this article, when it is indicated that the householder does not desire such persons by having placed a sign on the property bearing words to the effect that solicitors or peddlers are not invited, or that they are prohibited.
No person shall canvass or solicit, within the meaning of this article, on Sundays nor before 9:00 a.m. or after 5:00 p.m. on weekdays.
The person soliciting shall be courteous to all persons with whom he shall meet, shall not annoy any of the inhabitants of the Township and shall conduct himself or herself in a lawful manner at all times.
This article shall not affect 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 or persons ordering or entitled to receive them.
[Amended 11-1-1977 by Ord. No. 40-11-77]
[Adopted 3-1-1977 by Ord. No. 7-3-77]
When used in this article, the following terms shall have the following meanings:
- ARTICLE OF VALUE
- Any goods, wares, merchandise, food, liquids, meats, fish, vegetables, fruits, garden truck farm products or provisions or other things which may be sold or purchased by persons for a value.
- NON-PROFIT-MAKING VENDOR
- A person who sells articles of value without private profit, the proceeds of which are devoted exclusively to societies or organizations which are organized for charitable, educational, fraternal, literary or religious purposes and on whose behalf he acts as agent, with or without pay, but excluding those individuals or organizations soliciting for funds or other articles of value for which no articles of value are required.
- Includes the words "hawker" and "huckster" and shall mean any person traveling by foot, wagon, automobile vehicle or any other type of conveyance, from place to place, from house to house or from street to street, carrying, conveying or transporting articles of value, offering and exposing same for sale or making sales and delivering articles of value to purchasers or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automobile vehicle, railroad car or other vehicle or conveyance, or a person who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this article.
- Includes individuals, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups, or any officers, agents, employees, servants, factors or any type of personal representatives thereof in any capacity acting either for himself or for any other person under personal appointment or pursuant to law.
- TRANSIENT MERCHANT
- Includes the terms "itinerant merchant" and "itinerant vendor" and shall mean any person who engages in a temporary business of selling articles of value within the Township of Evesham and who, in furtherance of such purposes, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, boat, public rooms in hotels, lodging houses, apartments, shops or any street, alley or other public place within the Township, for the exhibition and sale of such articles of value, either privately or at public auction.
License required. It shall be unlawful, for any person, either directly or indirectly, to operate or conduct a business as a transient merchant or peddler or to use, in connection with the foregoing, any vehicle, structure, building, premises, machine or device, in whole or in part, unless a license therefor is first procured and kept at all times as is required by this article. The agents or other representatives of nonresidents shall be personally responsible for the compliance with this article by their principals, and of the businesses they represent. The aforementioned entities shall operate in the Township only in accordance with the terms and provisions of this article and only in the areas of the Township as permitted herein.
Exceptions. The provisions of Subsection A of this section shall not apply to the following:
Any person engaged in delivering articles of value in the regular course of business to the premises of the person ordering or entitled to receive the same.
Any veteran who holds a special state license issued under the laws of the State of New Jersey, but said entity shall be required to comply with all applicable sections of this article and shall be required to produce from the Township Clerk a special veteran's permit, which shall be issued by the Township Clerk upon proper identification in accordance with a form of permit, which is on file in the office of the Township Clerk and approved by the Township Attorney, and set forth in the Appendix of the Code of the Township of Evesham and available for public inspection during regular business hours.
Persons selling articles of value at wholesale to dealers in such articles.
Any sale required by statute or by order of court.
It shall be unlawful for any non-profit-making vendor to operate or conduct a business described in § 111-11 of this article unless a permit therefor is first procured and kept at all times as is required by this article. Except as otherwise stated herein, the requirements for the issuance of a permit and requirements governing its use shall be the same as for licenses.
Notwithstanding the issuance of a license, it shall be unlawful, either directly or indirectly, for any license holder to operate or conduct a business at the location of a special event which is to be held on certain day(s), or to operate or conduct a business within 500 feet from the boundaries of said special event, in any direction. However, permit holders are permitted to sell articles of value at the location of said special event or within 500 feet thereof.
The days during which the license privileges are so restricted shall be days during which special events of the Township may occur, such as public parades, concerts and occasions where the public is generally invited, for example, the Loyalty Day Parade. The Township Council shall, by resolution, at least 45 days prior to the special event, designate the special event, informing the public of the location of the special event and the requirement that only permit holders may sell articles of value at said location, or within 500 feet of the boundaries of said location. A copy of the resolution shall be advertised in a local newspaper at least 45 days prior to the date of the special event and shall be set forth in the Appendix of the Code of the Township of Evesham.
Information. Every person required to procure a license or permit, pursuant to the provisions of this article, shall submit a sworn application for such license or permit to the Township Clerk at least 30 days prior to the date of the commencement of the sale. The application shall be a written statement upon the form which shall be provided by the Township Clerk and approved by the Township Attorney, and set forth in the Appendix of the Code of the Township of Evesham and on file in the office of the Township Clerk and available for public inspection during regular business hours. At a minimum, said form shall contain the following information: the name and purpose of the cause for which the license or permit is sought; names and addresses of the officers of the organization; and the names and addresses of the agents or representatives who shall sell goods in the Township, provided that in the event that a non-profit-making vendor shall be the agent or representative who shall sell goods in the Township, a statement as to the name and address of the non-profit-making vendor, without specifying individual members thereof, shall satisfy this requirement.
Partnerships and corporations. Applications for partnerships shall be executed by all of the partners, and applications of corporations shall be executed by the individuals who shall operate the businesses in the Township.
Special events sponsor. One non-profit-making vendor may apply for a permit on behalf of other non-profit-making vendors, and said permit may be so issued if the non-profit-making vendor is a sponsor of a hereinafter described special event for which a license is issued, and submits a list of the non-profit-making vendors for which the application is submitted, as well as the information required by Subsection A of this section.
Fee. At the time of filing the application, a fee of $75 shall be paid to the Township Clerk, except that nonprofit-making vendors are not required to pay a fee.
[Amended 10-2-1984 by Ord. No. 33-10-84; 12-4-2007 by Ord. No. 31-12-2007]
Investigation. After submission of the application and requisite fee by the applicant, the Township Clerk shall cause an investigation of the applicant to be made. This investigation shall be designed to corroborate the information required by the application form and to aid the Township Clerk in determining whether the applicant is a qualified applicant; for example, in the case of a permit, whether the applicant is a bona fide, non-profit-making vendor.
If the investigation indicates that the applicant has been convicted of an offense involving moral turpitude, or if the application information is false or misleading in a material respect, or if the applicant's moral character or business responsibility or record of other offenses is of such a nature as to present a clear and present danger to the public good, safety and welfare, the Township Clerk may disapprove the issuance of the license or permit, whichever the case may be.
If the Township Clerk disapproves the issuance of the license or permit, the Township Clerk shall forthwith notify the applicant, in writing, of such disapproval and the reasons therefor and furnish the applicant with a copy of the investigation reports, by certified mail to his permanent address, or by handing it to him personally. No license or permit shall issue to said applicant, provided that the applicant shall have the right, within 10 days of the date of such notice, to file a request for a hearing before the Township Council to request the Council to reconsider the decision of the Township Clerk. If the Township Council approves the issuance of a license or permit, the Township Clerk shall issue a license or permit in accordance with the requirements of this article immediately upon the receipt of the requisite fee, if necessary.
Approval. Upon being satisfied that the applicant is a qualified applicant, the Township Clerk, immediately upon receipt of the requisite fee, shall endorse his approval on said application and shall issue the license or permit in the form provided for by the Township Clerk, which is approved by the Township Attorney, and set forth in the Appendix of the Code of the Township of Evesham and on file in the office of the Township Clerk and available for public inspection during regular business hours.
Term. The license or permit issued pursuant to this section shall be valid for a one-year period to expire December 31 of the year in question. Any license or permit issued during a year shall expire on December 31 of that year.
Renewal. Applications for the renewal of licenses or permits issued pursuant to this article shall be made within 30 days of the expiration thereof and in the manner provided herein.
A duplicate license or permit may be issued by the Township Clerk to replace any license or permit previously issued, provided that said license or permit has been lost, stolen, defaced or destroyed without any willful conduct on the part of the licensee or permittee and provided that the licensee or permittee file on a sworn affidavit before a notary public of the State of New Jersey attesting to such fact and pay to the Township Clerk a fee of $10
[Amended 10-2-1984 by Ord. No. 33-10-1984]
Each representative or agent of the licensee or permittee shall carry the license or permit and proper identification or credentials indicating the name of the organization and the name and addresses of the representative and shall display same upon request.
A licensee or permittee shall have no right to transfer his license to another person.
No rebate or refund of any license or permit fee, or any part thereof, shall be made for any reason.
Any license or permit granted or issued pursuant to this article may be revoked by the Township Council after notice and hearing for any of the following causes:
Any fraud, misrepresentations or false statement contained in the application for a license or permit.
Any fraud, misrepresentation or false statement made in connection with the selling of the articles of value.
Any violation of this article.
Any conviction of the licensee or permittee of any felony or of a misdemeanor involving moral turpitude.
Conducting the business licensed or permitted under this article, through the applicant himself or any of his agents, servants or employees, in any unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of hearing for revocation of a license or a permit under the preceding section shall be given in writing by the Township Clerk, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, by certified mail, to the licensee or permittee, at his address indicated on his license or permit application, at least five days prior to the date set forth for the hearing. If notice may not be mailed by certified mail, the said notice shall be mailed by regular mail to the licensee or permittee.
If a person fails to produce a license or permit as required by this article or has otherwise violated this article, any police officer, in addition to making a Municipal Court complaint, may, in his discretion, order the person to remove himself and his vehicle and the articles of value which are being offered for sale, if the police officer reasonably believes that a violation has occurred.
In addition to the provisions for the revocation and removal, the Township Clerk, the Chief of Police, any police officer of the Township or any taxpayer or resident of the Township may make a complaint in the Municipal Court of the Township of Evesham for any violation of this article.
Upon conviction for each and every violation, a person committing, taking part or assisting in such violation or violations shall be subject to a fine of not more than $500 or be imprisoned in the county jail for a period not to exceed 90 days, or both, at the discretion of the Municipal Court Judge. Each day that a violation is permitted to exist shall constitute a separate offense.