[HISTORY:[1] Adopted by the Township Committee of the Township of Fredon
as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: By Ord. No. 2017-08, adopted 7-27-2017, the
term "Planning Board" was changed to "Land Use Board" throughout the
Code.
[Adopted by Ord. No. 24-84 (Sec. 4-5 of the 1972 Revised General Ordinances)]
The purpose of this article is to prevent fraud, crime and unethical
and dishonest business practices. The fees to be charged for the issuance
of licenses shall not be considered as revenue but are charged for
the purpose of covering the expense of investigation and regulating
the conduct of the licensees.
As used in this article, the following terms shall have the
meanings indicated:
All goods, wares, food, fruit, candy, beverages, farm products,
magazines, periodicals, tickets and all kinds of articles of personal
property for domestic use and orders or contracts for a service home
improvement or alterations, shall be considered merchandise within
the terms of this article.
Any person traveling on foot or by wagon, automotive vehicle
or any other type of conveyance, from place to place, from house to
house, or from street to street and carrying, conveying or transporting
merchandise, offering and exposing the same for sale; or making sales
and delivering merchandise to purchasers. The word "peddler" shall
include the words "hawker," "huckster" and "vendor."
Any person who goes from place to place by traveling on the
streets and roads or from house to house taking or attempting to take
orders for the sale of goods, wares and merchandise or personal property
of any nature whatsoever for future delivery, or for services to be
furnished or performed in the future, whether or not such person has,
carries or exposes for sale a sample of the object to be sold and
whether or not he is collecting advance payments of such sales. The
term "solicitor" shall include "canvasser," provided that this definition
shall not include wholesale salesmen calling on retail merchants.
These shall also include any person taking a poll or survey
from house to house or on the streets or distributing handbills or
advertisements.
Except as otherwise provided in this article, it shall be unlawful
for any solicitor or peddler to sell or dispose of, or to offer to
sell or dispose of, any goods, wares or merchandise, or to solicit
orders for the performance of any service within the corporate limits
of the Township without first obtaining a license in compliance with
the provisions of this article and chapter. The license shall not
be transferable from the person to whom issued to any other person.
A separate license shall be obtained by a licensed solicitor or peddler
for every agent or employee working for him.
Every applicant for a license under this article shall file
with the Township Clerk a sworn written application in duplicate on
an application to be furnished by the Township Clerk. The form shall
give the following information:
A.
Name and description of the applicant.
B.
Permanent home address and full local address of the applicant.
C.
A brief statement of the nature of the business and a description
of the merchandise or service to be sold.
D.
If employed, the name and address of the employer together with credentials
establishing the exact relationship.
E.
The length of time for which the license is desired.
F.
If a vehicle is to be used, a description of the vehicle and its
license number.
G.
The place where the goods or property to be sold or offered for sale
are manufactured or produced, where the goods or property are located
at the time such application is filed, and the proposed method of
delivery.
H.
Two photographs of the applicant taken within 60 days immediately
prior to the date of the application, which photograph clearly shows
the head and shoulders of the applicant and measures two inches by
two inches.
I.
Two business references located in the County of Sussex, State of
New Jersey, or in lieu thereof, such other available evidence of the
character and business responsibility of the applicant as will enable
an investigator to properly evaluate his character and responsibility.
J.
A statement as to whether the applicant has been convicted of any
crime, misdemeanor or violation of any municipal ordinance, the nature
of the offense and the punishment or penalty assessed therefor.
At the time the application is filed, a fee as prescribed by
the Township fee schedule shall be paid to the Township Clerk to cover
the cost of processing the application and investigating the facts
stated therein.
When the application is properly filled out and signed by the
applicant, the original and duplicate shall be filed with the Township
Clerk. The Township Clerk shall refer the original to a police agency
approved by the Township Committee or administrative officer, who
shall make or cause to be made an investigation of the applicant's
business responsibility and moral character as he deems necessary
for protection of the public good.
A.
If as a result of the investigation the applicant's character or
business responsibility is found to be unsatisfactory, the responsible
police official shall endorse on the application his disapproval and
the reasons therefor and return the application to the Township Clerk,
who shall notify the applicant that the application is disapproved
and that no license shall be issued. Any determination by the responsible
police official that an application is unsatisfactory shall be based
on one or more of the following findings with respect to the applicant:
conviction of a crime; prior violation of a peddling or soliciting
ordinance; previous fraudulent acts or conduct; record of breaches
of solicited contracts; evidence of bad character. In the absence
of any such finding, the responsible police official shall find the
application satisfactory.
B.
If as a result of the investigation the character and business responsibility
of the applicant are found to be satisfactory, the responsible police
official shall endorse on the application his approval and return
the license with the application to the Township Clerk, who shall
issue the license to the applicant. The license shall contain the
signature of the issuing officer and show the name, address and photograph
of the licensee, the class of the license issued, the kinds of goods
or services to be sold, the date of issuance, the length of time the
license shall be operative, the license number and other identifying
description of any vehicle used in the peddling and soliciting activity
licensed.
C.
The Township Clerk shall issue to each licensee at the time of delivery
of his license a card which shall show the nature of the license,
the period for which the license is issued and the number of the license
easily discernible in letters and figures. The card shall, during
the time the licensee is engaged in peddling or soliciting, be worn
constantly by the licensee on the front of his outer garment in such
a way as to be visible to a person facing him.
Any holder of a peddler's or solicitor's license issued by the
Township under the authority of this article or by the Clerk of the
county under the authority of N.J.S.A. 45:24-9, shall be required
to wear the license while engaged in the business or activity licensed
within the Township. He shall produce the license at the request of
any official or resident of the Township with whom he wishes to conduct
his business or activity.
A.
No peddler or solicitor shall call attention to his business or to
his merchandise by crying out, blowing a horn, ringing a bell, other
than the doorbell of a building, or by any other loud or unusual noise
or by playing loud music. No peddler or solicitor shall conduct or
attempt to conduct his business at any residence or on any property
on which is posted a sign expressly prohibiting the activity.
B.
No peddler, canvasser, solicitor or vendor may conduct any business
or activity or display any signs that are prohibited by Chapter 10
of the Code of the Township of Fredon without first obtaining a variance
or relief from the Township Land Use Board.
[Amended 11-10-2016 by Ord. No. 2016-11[1]]
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
The requirements of this article shall not apply to the following:
A.
Any public utility or its employees which is subject to regulation
by the State Board of Public Utility Commissioners, provided that
the employees shall display the identification badge or card issued
by their employer.
B.
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 reasons of a prior agreement.
C.
Charitable solicitations, which shall be governed by the provisions
of this article.
D.
Any person honorably discharged from military services of the United
States possessing a peddler's license issued in conformity with N.J.S.A.
45:24-9 and 10.
E.
Any person who is an exempt fireman of a volunteer fire department
as defined by N.J.S.A. 45:24-9 and 10, and possessing a license in
conformity with law.
It shall be the duty of the Code Enforcement Officer of the
Township to enforce the provisions of this article and to require
any person seen peddling or soliciting, who is not known by the officer
to be duly licensed, to produce his peddler's or solicitor's license.
The equipment used or employed by peddlers of ice cream, foods,
beverages, confections and other related commodities, shall be inspected
by the Board of Health or its authorized agents. Any violation found
which is not immediately corrected shall be grounds for revocation
of the license.
No person licensed under this article shall stop a vehicle on
any street in the Township in front of a mercantile establishment
for the purpose of selling form such vehicle goods, wares or merchandise.
The Township shall maintain a record of all licenses issued
under the provisions of this article and record therein all convictions
for violations and other pertinent circumstances and incidents reported.
A.
Licenses issued under the provisions of this article may be revoked
by the Township Committee after notice and hearing for any of the
following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Fraud, misrepresentation or false statement by the licensee in the
course of conducting the business licensed.
(3)
Any violation of this article or other Township ordinance.
(4)
Conviction of any crime.
(5)
Conducting the business licensed in an unlawful manner or in such
a manner as to constitute a breach of the peace or a menace to the
health, safety or general welfare of the public.
B.
Notice of hearing for revocation of a license shall be given in writing.
The notice shall set forth the specific grounds of complaint and the
time and place of hearing and shall be sent by registered mail to
the licensee at his last known address at least five days prior to
the date set for hearing.
Any person aggrieved by the action of the responsible police
official or of the Township Clerk in the denial of a license shall
have the right of appeal to the Township Committee. The appeal shall
be taken by filing with the Township Committee within 14 days after
the notice of the action complained of has been mailed to the person's
last known address, a written statement setting forth fully the grounds
of the appeal. The Township Committee shall set a time and place for
hearing of the appeal, and notice of the hearing shall be given in
writing to the applicant. The decision of the Township Committee shall
be final.
All licenses issued under the provisions of this article shall expire on December 31 of the calendar year in which they are used or as otherwise issued. Any license may be renewed upon payment of the payment of the registration fee and submission by the licensee of a new application inconformity with the requirements under § 380-4, Applications for licenses, or, in lieu thereof, a sworn statement in writing setting forth all changes in the information contained in the application for the expired license which are necessary to bring the application completely up-to-date. A new application or statement in lieu thereof shall be subject to the provisions and standards set forth in the section applying to the original licensing.
[Adopted by Ord. No. 24-84 (Sec. 4-6 of the 1972 Revised General Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
The activities of any patriotic, religious, service, welfare,
benevolent, educational, civic or fraternal corporation, organization,
association, society or the like.
The words alms, food, clothes, money, subscription or property
of any nature or kind.
Any individual, firm, copartnership, corporation, company,
association, church, religious denomination, society, class or league.
The request, direct or indirect, of money, credit, property,
financial assistance, and other things of value on the representation
that such requested item shall be used for a charitable or philanthropic
purpose. "Solicitation" shall be deemed to be complete when made,
whether or not the person making the same received any contribution.
No person or organization shall solicit contributions for charitable
or philanthropic purposes within the Township without first obtaining
a permit; provided, however, that the provisions of this article shall
not apply to any established person or organization authorized and
not operated for the pecuniary profit of any person if the solicitations
by such person or organization are conducted among the members thereof
or if the solicitations are in the form of collections or contributions
at the regular assembly or meetings of any such person or organization.
A.
Application for a permit to make a public solicitation of funds by
a charitable philanthropic organization shall be made to the Clerk
on forms provided by the Township. In addition to the information
required for soliciting and peddling under this article, the application
shall contain:
(1)
The purpose for which such solicitation is to be made and the estimated
amount of funds proposed to be raised thereby.
(2)
A specific statement showing the need for solicitation.
(3)
The name and address of the person who will be in direct charge of
conducting the solicitation.
(4)
The name and addresses of all persons making the proposed solicitation.
(5)
A brief outline of the method to be used in conducting the solicitation.
(6)
A financial statement of the charitable organization for the most
recent fiscal year showing income, operating expenses and charitable
disbursements for that year.
(7)
The times and dates when such solicitation shall be made, giving
preferred dates and alternate dates for the beginning and ending of
such solicitation.
(8)
The amounts of any wages, fees, commissions or expenses to be paid
to any persons for conducting such solicitation, and their names and
addresses.
(9)
A full statement of the character and extent of the charitable or
philanthropic work conducted by the applicant within the Township.
(10)
A statement to the effect that if the permit is approved, it
will not be used or represented in any way as an endorsement of the
proposed solicitation by the
Township or any of its officers or departments.
B.
If, while the application is pending or during the term of any permit
granted thereunder, there is any change in fact, policy or method
that would alter the information given in the application, the applicant
shall notify the Clerk in writing within 24 hours after such change.
A.
The investigation required for licensing solicitors and peddlers
shall be limited to that deemed sufficient for the investigating agency
to make a determination that the person or organization is bona fide.
Upon making such determination, the responsible police official shall
approve the application and notify the Clerk.
B.
If the applicant has been a resident of Fredon for one year and is
known to the Township Clerk, and meets all other requirements of this
article, the Township Clerk may make the determination that the charity
is bona fide and issue the permit for charitable solicitation after
completing an affidavit to the effect.
If the application is approved, the Clerk shall immediately
notify the applicant and issue the permit without charge. If the application
is disapproved, a notification of that decision shall immediately
be sent by the Clerk to the applicant stating the reasons for such
disapproval.
If the application is disapproved, the applicant may appeal
the decision to the Township Committee by filing a written notice
of appeal with the Clerk within 14 days after notice of disapproval.
The Township Committee shall hold a hearing within 10 days thereafter
and its decision shall be final.
There shall be no fee for a charitable or philanthropic solicitation
permit.
No permit shall be valid for a period longer than 90 consecutive
days.
A.
Every licensee, as well as every person engaged in the soliciting
or peddling effort, shall restrict his selling or soliciting activity
within the Township to the hours between 9:00 a.m. and 5:00 p.m.,
Mondays through Fridays, and on each day of such activity shall notify
the Township Clerk immediately before commencing his selling or soliciting
activity and immediately after completing it. Notification shall include
a statement as to the general area of the Township in which the licensee,
as well as each person engaged in the activity intends to conduct
or has conducted the activity.
B.
Any person or organization desiring to solicit at hours other than
those stated shall make a special request on the application, which
request shall be approved or disapproved by the Township Committee.
If approval is given by the Township Committee, the permit shall be
plainly marked to that effect.
It shall be the duty of the Clerk to keep a current calendar
of approved solicitations to be conducted in the Township. The Clerk
shall have the right to propose alternate dates for the solicitation
if the requested dates should unfairly conflict with other solicitations
being conducted in the Township.
