[HISTORY: Adopted by the Mayor and Council of the Borough
of Bloomsbury 12-27-2005 by Ord. No. 118-05. Amendments noted where
applicable.]
This chapter is adopted to regulate the distribution of certain
materials and peddling, soliciting and related activities within the
Borough of Bloomsbury. The licensing of persons engaged in the above-mentioned
activities is required so that the identity of persons going door
to door or otherwise distributing materials or food and beverages
within the Borough may be established, so that general regulations
may be more effectively enforced for the protection and maintenance
of the health, safety and welfare of the inhabitants of the Borough
and to prevent dishonest business practices and dishonest solicitation
of funds in the Borough of Bloomsbury.
As used in this chapter, the following terms shall have the
meanings indicated:
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed materials, farm products, services
and orders or contracts for services, home improvements or alterations
and anything that may be sold or distributed by a peddler or transient
merchant as defined herein.
Any person, whether a resident of the Borough or not, who
goes from house to house, from place to place or from street to street,
or whether stationary or traveling by foot, automotive vehicle or
any other type of conveyance, carrying or transporting merchandise
for the purpose of selling and delivering the merchandise to customers,
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 he 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 any public place. The
word "peddler" shall also include the words "hawker" and "huckster."
Any individual, firm, partnership, corporation, organization,
club or association or any principal thereof.
Any person engaging in the activities commonly referred to
as "transient merchant" or "itinerant vendor" who merchandises or
sells with the intent to close out or discontinue such business within
a period of one year from the date of commencement and occupies a
room, building, tent, lot or other premises for the purpose of selling
merchandise.
It shall be unlawful for any peddler, distributor or transient
merchant to sell, offer for sale or distribute merchandise, printed
material or services within the Borough of Bloomsbury without first
securing a license therefor by filing an application for the license,
paying a license fee and obtaining a license from the Borough Clerk,
as hereinafter provided.
Upon obtaining a license as hereinafter provided, a peddler
or transient merchant may conduct his activities within the Borough
of Bloomsbury only as long as he adheres to the regulations set forth
herein and carries the license upon his person at all times during
the conduct of his activities. The license shall identify the person
and the type of activity for which he has registered and shall be
shown to any Borough official upon request. All licenses shall expire
December 31 of the calendar year in which they are issued. A separate
license shall be required for each vehicle used.
A.
Upon receipt of a completed application, a license may not be denied
to:
(1)
Any veteran or exempt fireman who holds a special state license.
(2)
Any person soliciting a vote or support for any political candidate
or program.
(3)
Any person soliciting for a bona fide charitable, religious, patriotic,
community service or philanthropic purpose or organization.
(4)
Wholesale salesmen calling on businesses.
(5)
A public utility or its employees, which said public utility is subject
to regulation by the State Board of Public Utility Commissioners;
provided, however, that said employees shall display the identification
badge or card issued by their employer.
(6)
Persons appointed by the Borough or other governmental agency to
conduct a census or canvass.
B.
The above-listed categories shall be exempt from licensing fees.
No person, firm, corporation or organization shall hawk or peddle
without first having filed the required bond and having obtained a
license. Written application for such license shall be made to the
Borough Clerk and shall show:
A.
The name, address and telephone number of the applicant and of all
persons associated with him in his business.
B.
The type of business for which the license is desired.
C.
In case of transient merchants, the place where the business is to
be carried on.
D.
The length of time for which said license is desired.
E.
A general description of the thing or things to be sold.
F.
The present place of business of the applicant.
G.
The places of residence of the applicant for the two years last past.
H.
A statement as to whether or not the applicant or his employer or
principal has been convicted of any crime, misdemeanor or violation
of any municipal ordinance, stating the nature of the offenses and
the punishment or penalty assessed therefor.
I.
If a vehicle is to be used, a description of such vehicle and its
license number.
J.
A photograph of the applicant taken within 60 days immediately prior
to the date of the application, which photograph shall clearly show
the head and shoulders of the applicant and shall measure two inches
by two inches.
K.
Two business references located in the State of New Jersey or, in
lieu thereof, such other available evidence of the character and business
responsibility of the applicant.
Upon approval of the license application by the Borough Council,
the Borough Clerk shall issue said license, provided that the application
is complete and that there is nothing in the application to indicate
that the applicant's character or business is other than satisfactory
for carrying on said business within the Borough of Bloomsbury. In
the event that the application is rejected, the Borough Clerk shall
note such rejection on the application and return it to the applicant
along with his application fee.
The fees for licenses shall accompany the application and shall
be as follows:
No person duly licensed shall hawk or peddle before 8:00 a.m.
or after 6:00 p.m., prevailing time, nor at any time on the day commonly
called "Sunday." This provision shall not apply to exempt organizations.
No license issued shall be used at any time by any person other
than the one to whom it was issued.
A.
Licenses issued may be revoked by the Borough Council after notice
and hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statements contained in the application
for license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as peddler.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business of peddling in an unlawful manner or in such
a manner as to constitute a breach of the peace or constitute a menace
to the health, safety or general welfare of the general public.
B.
Notice of the hearing of revocation of a license shall be given in
writing, setting forth specifically the grounds of complaint and the
time and place of hearing. Such notice shall be mailed, postage prepaid,
to the licensee at his last known address at least five days prior
to the date set for the hearing.
Any person aggrieved by the action of the Clerk in the denial
of an application for a license shall have the right of appeal to
the Borough Council within 25 days after notice of the action complained
of has been mailed to such person's last known address, by a
written statement setting forth fully the grounds for the appeal.
The Borough Council shall set the 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.
No licensee shall:
A.
Attempt to peddle or distribute merchandise or printed material without
first having identified himself as a peddler or distributor registered
with the Borough and displaying his license.
B.
Have exclusive right to any location in the public streets or operate
in any congested area in such a manner as to impede the flow of traffic
or of pedestrians or create a breach of the peace.
C.
Enter or attempt to enter the land of any resident in the Borough
where such resident has posted a notice prohibiting such entry.
D.
Refuse to leave any private dwelling or property after having been
once requested to do so by the owner or occupant thereof.
E.
Shout, cry out, blow a horn, ring a bell or use any sound-making
or -amplifying device on any of the streets, parks or public places
of the Borough or upon private premises where sound of sufficient
volume is emitted or produced therefrom to be capable of being plainly
heard upon the private premises, for the purpose of attracting attention
to any merchandise or services, without first obtaining written authorization
for the same from the appropriate Borough official.
F.
Distribute obscene merchandise or printed material or that which
advocates unlawful conduct.
G.
Litter the streets, public places or public or private property within
the Borough with any merchandise or printed material.
Every license or permit shall remain in force and be valid only
for the time thereon expressed. All yearly licenses shall run until
December 31 of any given year. All daily licenses shall be valid only
for the day indicated on the license.
A.
CANVASS
CHARITABLE ORGANIZATIONS OR PURPOSES
SOLICIT
Definitions. For the purposes of this section only, the following
words are hereby defined:
Face-to-face contact with any person for the purpose of conducting
surveys, asking for votes, surveying to determine probable vote outcomes
or public sentiment on any matter, or obtaining signatures for a petition
or similar document, and not in conjunction with the soliciting of
persons for the purpose of obtaining funds, money or anything of value.
Any charitable organizations qualifying under N.J.S.A. 45:17A-20
and/or nonprofit or not-for-profit organizations or organizations
formed and existing for charitable, eleemosynary, philanthropic, political
or publicly beneficial purposes.
Face-to-face contact with a person anywhere in the Borough,
including at a person's home, for the purpose of requesting or obtaining
the contemporaneous donation of funds, money or anything of value.
B.
Registration and regulations.
(1)
Soliciting. No person shall solicit on behalf of a charitable organization
or for a charitable purpose without registering with the Borough as
set forth herein. This section and the requirements herein do not
relieve persons or organizations from the licensing requirements of
the Borough of Bloomsbury revised general ordinances, if applicable,
for other activities not defined or addressed herein.
(2)
Canvassing. Persons or organizations are permitted to canvass without
registering with the Borough. The requirements herein do not relieve
persons or organizations from the licensing requirements of the Borough
of Bloomsbury for other activities not defined or addressed herein.
(3)
Registration. Any person or organization wishing to solicit must
register with the Borough at least 48 hours prior to the commencement
of soliciting, as follows:
(a)
The person or organization must submit a letter to the Borough
Clerk, upon the organization's letterhead if applicable, containing
at least the following information:
[1]
The specific date(s) and times of day the participants will
be in Bloomsbury;
[2]
The specific location(s) where the solicitation will occur;
[3]
The name, address, and a legible photocopy of a form of identification
for each participant; and
[4]
The name, mailing address and telephone number of a person to
contact should any questions arise before the person or organization
comes to the Borough and the same information for a person to act
as a contact while the person or organization is present in Bloomsbury.
(b)
Upon receipt of this information, the Borough Clerk shall promptly
provide copies of the same to the police for background checks and
the Code Enforcement Officer.
(c)
The Borough will only contact the person or organization if
the Borough Council determines that certain persons or the organization
will not be permitted to solicit in the Borough. Appeals from the
Borough's decision in this regard may be taken to any court of
competent jurisdiction. The basis for the Borough's determination
that certain persons, or the organization, will not be permitted to
solicit in the Borough is:
[1]
Any pending criminal or quasi-criminal claims of fraud, financial
wrongdoing, acts of violence, robbery, or burglary or other claims
involving the person's or the organization's moral turpitude; or
[2]
A conviction or finding within in the past three years against
the person, or the organization, in any criminal, quasi-criminal or
civil matter involving fraud, financial wrongdoing, acts of violence,
robbery, or burglary or other claims involving the person's or organization's
moral turpitude.
(4)
Regulations. Once a person or organization has registered with the
Borough of Bloomsbury, the following regulations apply to his or its
solicitation activities:
(a)
No solicitation is allowed after 9:00 p.m. or before dawn. The
Borough requests, but does not require, that solicitation occur during
daylight hours.
(b)
Persons, organizations and their participants must abide by
all other rules, regulations, ordinances and laws.
(c)
Failure to abide by these prerequisites, regulations and conditions
may result in legal action and/or criminal process, and the person
and/or organization may be ordered to cease all further solicitation
until the applicable prerequisites, regulations and conditions have
been complied with.
