[HISTORY: Adopted by the Township Committee of the Township of Mendham as Sec. 4-1 of the 1998 Revised General Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meaning indicated:
- Includes all goods, wares, food, fruit, vegetables, farm products, magazines, periodicals, 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 chapter.
- Any person who goes from place to place by traveling on the streets or roads or from house to house carrying, conveying or transporting goods, wares or merchandise for the purpose of selling and delivering them to customers. The work "peddler" shall include the words "hawker" and "huckster."
- 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 word "solicitor" shall include the word "canvasser"; provided, however, that this definition shall not include wholesale salesmen calling on retail merchants.
The purpose of this chapter is to prevent fraud, crime and unethical and dishonest business practices. The fees to be charged for the issuance of licenses are not to be considered as revenue, but are charged for the purpose of covering the expense of investigation and regulating the conduct of the licensees.
Except as otherwise provided in this chapter, it shall be unlawful for any solicitor, hawker 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 Township without first obtaining a license in compliance with the provisions of this chapter 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, hawker, or peddler for every agent or employee working for him/her.
[Amended by Ord. No. 6-1974]
The requirements of this chapter shall not apply to the following:
Any public utility or its employees which is subject to regulation by the State Board of Public Utility Commissioners; provided, however, that the employees shall display the identification badge or card issued by their employer.
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 reason of a prior agreement.
Any charitable or religious society, corporation or association that shall conduct sales of personal property when the proceeds shall be applied to the payment of expenses and to the charitable or religious object for which the society exists or solicits charitable contributions.
Any person honorably discharged from the military services of the United States possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and 10.
Any person who is an exempt firefighter of a volunteer fire department as defined by N.J.S.A. 45:24-9 and 10, possessing a license in conformity with the law.
Any person selling fruits and farm products grown by himself/herself, with or without the help of others.
Every applicant for a license under this chapter shall file with the Township Clerk a sworn written application, in duplicate, on a form to be furnished by the Clerk, which shall give the following information:
Name and description of the applicant.
Permanent home address and full local address of the applicant.
A brief statement of the nature of the business and a description of the merchandise or service to be sold.
If employed, the name and address of the employer together with credentials establishing the exact relationship.
The length of time for which the license is desired.
If a vehicle is to be used, a description of the vehicle and its license number.
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.
The fingerprints of the applicant.
Two business references located in the County of Morris, 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.
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.
[Amended 4-12-1999 by Ord. No. 7-1999; 7-12-2010 by Ord. No. 9-2010]
At the time the application is filed, a fee as provided in Chapter 160, Fees, 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 the Chief of Police or, in his/her absence, to his/her Deputy Chief, who shall make, or cause to be made an investigation of the applicant's business responsibility and moral character as he/she deems necessary for protection of the public good.
If, as a result of the investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police or Deputy Chief shall endorse on the application his/her 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 Chief or Deputy Chief of Police 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 involving moral turpitude.
Prior violation of a peddling or soliciting ordinance.
Previous fraudulent acts or conduct.
Record of breaches of solicited contracts.
Concrete evidence of bad character.
In the absence of any such finding, the Chief of Police shall find the application "satisfactory."
If, as a result of the investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police or Deputy Chief shall endorse on the application his/her approval, and return 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 shall show the name and address of the licensee, the kind of goods or services to be sold, the date of issuance, and the license number.
The Township Clerk shall issue to each licensee at the time of delivery of his/her license a badge which shows the nature of the license, the period for which the license is issued and the number of the license in letters and figures easily discernible from a distance of 10 feet. The badge shall, during the time the licensee is engaged in peddling or soliciting, be worn constantly by the licensee on the front of his/her outer garment in such a way as to be visible to a person facing him/her.
Every holder of a peddler's or solicitor's license issued by the Township Clerk under the authority of this chapter or by the Clerk of the County under the authority of N.J.S.A. 45:24-9, shall be required to carry the license with him/her while engaged in the business of activity licensed within the Township. He/she shall produce the license at the request of any official of the Township or of any resident of the Township with whom he/she wishes to conduct his/her business or activity. Every licensee, as well as every person referred to in § 250-4, shall restrict their selling or soliciting activity within the Township to the hours between 9:00 a.m. and 5:00 p.m., Mondays through Fridays. Every licensee, as well as every person referred to in § 250-4, shall notify the proper authorities as to the general area of the Township in which they intend to conduct to have conducted the activity.
No peddler or solicitor shall call attention to his/her business or to his/her 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. No peddler or solicitor shall conduct or attempt to conduct his/her business at any residence or on any property on which is posted a sign expressly prohibiting the activity.
It shall be the duty of any Police Officer of the Township to enforce the provisions of this chapter and to require any persons seen peddling or soliciting, who is not known by the officer to be duly licensed, to produce his/her peddler's or solicitor's license.
The Township Clerk shall maintain a record of all licenses issued under the provisions of this chapter and shall record therein all convictions for violations and other pertinent circumstances and incidents reported by the Chief of Police.
Licenses issued under the provisions of this chapter may be revoked by the Township Committee, after notice and hearing, for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement by the licensee in the course of conducting the business licensed.
Any violation of this chapter.
Conviction of any crime involving moral turpitude.
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.
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 Chief of Police 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 for the appeal. The Township Committee shall set a time and place for hearing of the appeal, and notice of the hearing shall be given to the applicant in the same manner as provided in § 250-12 for notice of hearing on revocation. The decision of the Township Committee shall be final.
All licenses issued under the provisions of this chapter shall expire on December 31 of the calendar year in which they are issued. All licenses may be renewed, without payment of an additional registration fee, upon submission by the licensee of a new application in conformity with the requirements of § 250-5 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 § 250-5.