[HISTORY: Adopted by the Mayor and Council of the Borough of Red Bank as Sec. 4-4 of the 1987 Revised General Ordinances; amended by Ord. No. 21-84. Subsequent amendments noted where applicable.]
Special sales — See Ch. 536.
As used in this chapter, the following terms shall have the meanings indicated:
- CANVASSER or SOLICITOR
- A person who goes from place to place, house to house, or person to person, selling, offering to sell or purchase or taking orders for goods, wares, merchandise, real estate or any article for future delivery or for services to be performed in the future or for the making, manufacturing or repairing of any article or thing whatsoever for future delivery or for the solicitation of money. "Canvasser or solicitor" shall not include wholesale salespersons calling on retail merchants.
- JUNK DEALER
- A person who deals in buying and selling old iron or other metals, glass, paper, cordage or other waste or discarded material.
- PEDDLER, HAWKER or VENDOR
- Any person who goes from house to house, place to place, or person to person, carrying, conveying or transporting goods, wares, merchandise or services and offering or exposing the same for sale or delivering articles for purchasers. The words peddler, hawker and vendor shall not include wholesale salespersons calling on retail merchants.
- Any individual, firm, partnership, corporation, voluntary association, business entity and any principal or agent thereof.
- TRANSIENT MERCHANT
- A person commonly referred to either as a transient merchant
or itinerant vendor who engages temporarily in business in this Borough
and who may occupy a room, building, tent, lot, vehicle or cart, whether
motorized or not, or other premises for the purpose of selling goods,
wares, food, beverages or merchandise. Transient merchant shall also
include any person who conducts any traveling or street show carnival
or circus and in connection therewith sells or displays for sale any
goods, wares, food, beverages or merchandise.[Amended 5-12-2008 by Ord. No. 2008-10]
- TRANSIENT MERCHANT PEDDLER
- A person who engages in business in the manner defined by the preceding definition of "transient merchant" and pursuant thereto becomes a peddler or hawker, or hires a peddler or hawker, as hereinabove described.
The purpose of this chapter is to prevent unfair competition, dishonest business practices and fraudulent solicitation, traffic hazards and undue annoyance to householders and tenants by the regulation of transient merchants, hawkers, peddlers, junk dealers, solicitors and canvassers as defined in § 484-1 of this chapter.
[Amended 5-24-2010 by Ord. No. 2010-23]
It shall be unlawful for any transient merchant, hawker, peddler, vendor, junk dealer, solicitor or canvasser, whether a resident of the Borough or otherwise, to sell or dispose of or to offer to sell, purchase or dispose of any goods, wares, merchandise, real estate or publications or to solicit money within the Borough without first applying for and securing a license as hereinafter provided.
The Borough Clerk shall maintain a list of names and addresses of residents who have determined that solicitors, peddlers and/or hawkers shall not be invited to their respective residence. Any resident shall be included on such list if they complete a form to be so included. The form shall be available at Borough Hall. The list shall be distributed to applicants seeking a license for the purposes mentioned herein. The licensee shall not solicit, peddle or hawk at any residence on the list. Any solicitor, peddler or hawker who goes upon any premises or rings a doorbell upon or near any door or creates any sound in any manner calculated to attract the attention of the occupant of such residence, when such residence is on the list provided shall be considered to be engaging in uninvited soliciting as set forth in § 484-12, and shall be subject to the penalties set forth in § 484-13. Religious and educational groups and not-for-profits registered within the Borough shall be exempt.
The requirements of this chapter shall not be construed to apply to the following classes of persons:
Any person, soliciting votes or support for any bona fide political candidate seeking public office, including primary election; any activity or conduct connected with or relating to voter registration; or any conduct or activity relating to the expressing of opinion on, or soliciting support for, any public candidacy or public issue or question.
Any person who is a canvasser or solicitor on behalf of any religious, educational or charitable corporation, organization, association or society created for nonpecuniary profit; any religious, educational or charitable corporation, organization, association, or society approved by the Internal Revenue Department of the United States for income tax deduction for contributions thereto shall presumably be considered to be qualified as the type of corporation, organization or society for whom a person may solicit or canvass and be exempt from this chapter.
Officers or employees of the Borough, county, state or federal government when on official business.
Any veteran and/or volunteer fireman who holds a special license issued pursuant to N.J.S.A. 45:24-9 et seq.
Persons engaged in the sale or delivery of newspapers qualified as legal newspapers within the meaning of N.J.S.A. 35:1-1 et seq.
This chapter shall not apply to any person engaged in the delivery of goods, wares, merchandise or other articles or things in the regular course of business to the premises of persons ordering or entitled to receive same.
Application for license by any person shall be made to the Borough Clerk during regular business hours. The applicant shall file a sworn, written application upon a form provided by the Borough, in duplicate, which shall contain or be accompanied by the following data:
The applicant's name; business address; residence; and length of time at such residence.
The applicant's address during the past three years if other than the present address.
The age of the applicant.
The state of birth and driver's license number of the applicant.
A physical description of the applicant.
The name and address of the person, firm or corporation by whom the applicant is employed or whom the applicant represents; the length of time at such employment or representation; if a corporation, the name and address of registered agent.
The name and address of applicant's employer during the past three years if other than the present employer.
A description sufficient for identification of the subject matter of the soliciting, canvassing or peddling in which the applicant shall engage.
The actual dates when the soliciting, canvassing or peddling shall take place.
If goods are to be sold or orders taken therefor, the name and address where such goods are manufactured or produced and the proposed method of delivery.
If a vehicle is to be used, description including the license number.
Two sets of fingerprinting of the applicant. In the event the holder of a license previously issued desires to renew same, such renewal applicant shall file a new application in accordance with the requirements of this chapter, except that the applicant shall not be required to comply with fingerprinting requirements if the applicant shall have been fingerprinted at the time of the issuance of the original application.
The date of the last application for license under this chapter, if any.
Whether a license issued to the applicant under this chapter has ever been revoked.
A statement as to whether the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance of this state or any other state or federal law of the United States and, if so, the nature of the offense and the punishment or penalty assessed therefor.
The geographic area to be canvassed or solicited.
The length of time for which the license is desired.
For transient merchants licenses. In addition to the foregoing items, the applicant shall file:
A sworn statement of the true invoice of the amount, average quality or kind and value of the goods to be offered for sale.
A statement of the location of such goods.
To the application must be attached, in the discretion of the Borough Clerk, the bills or invoices of purchase of such goods.
For any person applying on behalf of or under the auspices of a firm, partnership, corporation, voluntary association or other business entity, the Borough Clerk shall establish the character of the business by:
Eliciting a declaration of intention as to the length of time they intend to remain in the Borough.
By requiring a bond in the amount of $1,000 in accordance with and for the purposes provided in N.J.S.A. 45:24-5; to remain in force for one year and be conditioned to indemnify and pay the Borough any penalties and costs incurred in the enforcement of any provisions of Title 45, Chapter 24, Article 1, N.J.S.A. and to indemnify and/or reimburse any purchaser of such personal property as shown in the declarations and disclosures heretofore required in a sum equal to at least the amount of any payment such purchaser may have been induced to make through the misrepresentation as to kind, quality or value of the personal property, whether the misrepresentations were made by the owners or their servants, agents or employees, either at the time of making the sale or through any advertisement printed or circulated with reference to such property or any part thereof; and upon conclusive proof of breach of the foregoing conditions, the bond shall be forfeited.
Upon receipt of such application, the original shall be referred to the Chief of Police who shall investigate the applicant's business and moral character as may be necessary for the protection of the public welfare.
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 for same and return the application to the Borough Clerk, who shall notify the applicant that his application is disapproved. Any determination by the Chief of Police that an application is unsatisfactory shall be based only upon one or more of the following findings with respect to the applicant:
Convictions of a crime relating adversely to the occupation of canvassing or soliciting. In such event, the provisions of N.J.S.A. 2A:168A-1 et seq. shall be complied with.
Prior violation of a peddling, soliciting or similar ordinance.
Previous fraudulent acts or conduct.
Records of breaches of soliciting contracts.
Misrepresentation or false statement contained in the application for the license.
Concrete evidence of bad moral character.
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 his approval on the application, returning the application to the Borough Clerk, who shall, upon payment of the prescriber license fee, execute and deliver the license.
The license issued hereunder shall contain the signature of the Chief of Police and Borough Clerk and shall show:
The name and address of the licensee.
The class of license issued.
The kind of goods or services to be sold or distributed thereunder.
The date of issue.
The length of time the license shall be operative.
The license number and description of any vehicle used in the activity licensed.
All licenses shall be issued on forms drawn in accordance with this chapter and shall be consecutively numbered. The license shall contain blank spaces for writing in the name, the class of license granted, the location of the business and the amount of the fee paid.
There shall be kept in the office of the Borough Clerk the necessary books for recording the time the application for license is received, showing its class, whether new or renewal, name of the licensee, date of approval, the amount of fee received, and the date the license is issued. The Clerk shall keep a record of all licenses issued and all complaints received, if any, concerning each license.
The Borough Clerk shall file a monthly report with the Borough Council showing the number of licenses granted by classes and the amounts of fees received. Each report shall state the number and class of licenses suspended or revoked and the reasons for such suspension or revocation. The Borough Clerk shall compile a summary of all licenses granted under this chapter during a single year and report such at the final meeting of the Borough Council.
Every holder of a license issued by the Borough under the authority of this chapter or by the Clerk of the County of Monmouth under the authority of N.J.S.A. 45:24-9 shall be required to carry such license (and, if applicable display same at its business premises) while engaged in the licensed activity within the corporate limits of the Borough. The holder shall produce such license at the request of any official of the Borough or of any resident of the Borough with whom the holder wishes to conduct the licensed activity.
License fees shall be as follows:
Peddlers. For each peddler, regardless of the method used for transporting his wares and merchandise: $5 to be paid at the time of filing the application to cover the cost of investigation of the facts therein stated; plus $20 license fee per annum or $10 for one week or any portion thereof. Every peddler's license shall terminate as of December 31 of the year in which it is issued.
Transient merchants. Five dollars to be paid at the time of filing the application to cover the cost of investigation of the facts therein stated; plus $20 per annum, except that in the event the transient merchant shall operate in the nature of a traveling or street show, carnival or circus, then the fee shall be $100.
Transient merchant peddler. Five dollars to be paid at the time of filing the application to cover the cost of investigation of the facts therein stated; plus $20 per annum license fee, plus $10 per week, for each peddler.
Junk dealer. Five dollars to be paid at the time of filing the application to cover the cost of investigation of the facts therein stated; plus $50 per annum license fee.
For all other licenses. Five dollars to be paid at the time of filing the application to cover the cost of investigation of the facts therein stated.
It shall be the duty of any police officer of the Borough 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 the appropriate license.
Any license issued hereunder may be suspended by the Borough Clerk or Chief of Police for any infraction or violation of the terms of the license, or of any Borough ordinance, state or federal statute, or for falsification in any statement made in applying for a license. The suspension shall be effective upon the mailing of notice to the address appearing in the application and shall set forth the grounds for the suspension and shall state that an opportunity for a hearing will be given at a certain date (which date shall be within five days from the date of notice), before the Borough Council. The Borough Council, upon a finding of such a violation, may revoke the license.
Appeals. Any person aggrieved by the action of the Chief of Police or Borough Clerk, in the denial of an application, or in a decision to suspend or revoke a license, shall have the right of appeal to the Borough Council. Such appeal shall be taken by filing with the Borough Council within 14 days after notice of suspension has been mailed (or after the date on which an application was denied), a written statement setting forth the grounds for the appeal. The Borough Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant. The decision and order of the Borough Council on such appeal shall be final and conclusive.
Upon the expiration of any license issued under the provisions of this chapter, the holder thereof shall surrender the same to the Borough Clerk within 24 hours. Upon notice of the suspension or revocation of any license issued under the provisions of this chapter, the holder shall surrender the same to the Borough Clerk within 24 hours after such notice.
The holder of a license shall not canvass or solicit orders for any articles from pedestrian or vehicular traffic on or adjacent to any public street, avenue or highway within the limits of the Borough in such manner as will interfere with the use of such public street, avenue, highway, other public place. The holder shall not park any vehicle within the prohibited lines of any public street, road, or public place while engaging in the licensed activity. Vehicles must be parked adjacent to right-hand curbline. No vehicle shall be parked for the purpose of conducting a licensed activity within 200 feet of any school or school property between the hours of 8:00 a.m. and 4:00 p.m. on regular school days.
The holder shall not enter in or upon any house, building or other structure or any land or property where there is placed or posted on the premises a "No Soliciting," "No Salesmen," "No Trespassing," "No Vendors," or similar sign or other form of notice stating or indicating that the owner or occupant thereof forbids or otherwise does not desire persons engaged in such or similar activity to enter upon the premises. The holder shall not remain physically present upon nor shall the holder return to any premises so posted.
The holder shall not transact any business which shall concern any goods, wares, real estate or merchandise other than that specified in the application for license or which shall consist of fraud, cheating, or material misrepresentation.
The holder shall not remain physically present upon the premises for a period exceeding five minutes after being asked to leave by anyone in possession thereof. In addition, the holder shall not make any further telephone solicitations to an owner or occupant after having been told by the owner or occupant that such telephone solicitations are not desired.
The holder, except in the case of the sale of perishable foodstuffs, ice cream or like products, shall give a written receipt to the purchaser, which receipt shall be signed by the holder, and shall set forth a brief description of the article ordered, the total purchase price thereof, and the amount of the payment, if any, received by the holder from the purchaser.
The holder of a license shall not engage in the licensed activity on any of the following heavily traveled streets in the Borough: Branch Avenue, Spring Street, Harding Road, Pinckney Road, Broad Street, Monmouth Street, White Street, English Plaza, Mechanic Street, Wallace Street, Maple Avenue, Bridge Avenue, Shrewsbury Avenue, Riverside Avenue, West Front Street, East Front Street, River Road, Reckless Place, Newman Springs Road, Leighton Avenue, Harrison Avenue, Prospect Avenue, Oakland Street, Chestnut Street, Drs. Parker Boulevard, Herbert Street, West Street, Pearl Street, Wall Street, and all Borough-owned property. In all other locations throughout the Borough, no licensee shall park, idle, or stop, any vehicle or cart to engage in the licensed activity for more than 10 minutes at a time, unless that licensee is in possession of a valid special events permit issued by the Borough.
[Amended 5-12-2008 by Ord. No. 2008-10; 10-25-2010 by Ord. No. 2010-33]
No holder shall call attention to its licensed activity by crying out, blowing a horn or making any other loud or unusual noise (including but not limited to sounding a bell or similar device or using loud speakers or amplifiers) between 8:00 p.m. and 9:00 a.m., prevailing time.
No junk dealer shall call attention to its activity in any manner set forth in Subsection H of this section at any time in the Borough.
The commencement and termination date for the period of solicitation as requested by the applicant. Hours for door-to-door solicitation shall be between 9:00 a.m. and 7:00 p.m. for commercial and noncommercial establishments.
[Added 5-24-2010 by Ord. No. 2010-23]