[HISTORY: Adopted by the Township Committee
of the Township of Sandyston 12-7-1966; amended in its entirety 10-8-2013 by Ord. No. 2013-09. Subsequent amendments noted where applicable.]
A.
MERCHANDISE
PEDDLER
SOLICITOR
Definitions. As used in this article, the following terms shall have
the meanings 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 article.
Any person who goes from place to place by traveling on the
streets and 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 term "peddler" shall include "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 on such sales. The
term "solicitor" shall include "canvasser" provided that this definition
shall not include wholesale salesmen calling on retail merchants.
B.
Purpose. The purpose of this article is to prevent dishonest business
practices by providing for the registration and regulation of the
conduct of peddlers and solicitors.
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. A separate license shall
be obtained by a licensed solicitor or peddler for every agent or
employee working for him.
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 service organization, charitable organization, lodge, veterans
organization, firemen's organization, religious organization of any
kind, sort or manner, boy scouts, girl scouts, YMCA, YWCA, and all
other youth organizations or any of their auxiliaries.
C.
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.
D.
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 45:24-10.
E.
Any person who is an exempt fireman of a volunteer fire department
as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing a license
in conformity with the law.
F.
Any person selling fruits and farm products grown by himself, with
or without the help of others.
Every applicant for a license under this article shall file
with the Township Clerk a sworn written application in duplicate on
a form to be furnished by the Township Clerk. The form shall give
the following information:
A.
Name and description of the applicant (including age, height, weight).
B.
Copy of valid driver's license.
C.
Permanent home address and full address of applicant where residing
during peddling and soliciting, if different, and contact phone numbers.
D.
A brief statement of the nature of the business and a description
of the merchandise or service to be sold.
E.
If employed, the name and address and phone number of the employer,
together with credentials establishing the exact relationship along
with a letter from the firm or corporation for which applicant works,
authorizing applicant to act as its representative.
F.
The length of time for which the license is desired.
G.
If a vehicle is to be used, a description of the vehicle and the
license plate number.
H.
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.
I.
Two (2) 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.
J.
Two business references located in the County of Sussex, State of
New Jersey, or in lieu thereof, such other evidence of the character
and business responsibility of the applicant as will enable an investigator
to properly evaluate his character and responsibility.
K.
Details of any arrests or convictions for misdemeanors, crimes or
violation of any municipal ordinance, including the nature of the
offense for which arrested or convicted, the day and place of conviction
and the penalty assessed therefor.
L.
The applicant is responsible for providing a criminal background
check report to the Clerk, based on results of fingerprinting, which
shall be performed at the expense of the applicant and must be received
by the Clerk with the written application.
The license fees under this article shall be as follows:
A.
At the time the application is filed, a fee of $100 shall be paid
to the Township Clerk to cover the cost of processing the application
and investigating the facts stated therein.
A.
When the application is properly filled out and signed by the applicant,
the original and duplicate shall be filed with the Township Clerk
who shall make or cause to be made an investigation of the applicant's
business responsibility and moral character deemed necessary for protection
of the public good.
(1)
If as a result of the investigation the applicant's character or
business responsibility is found to be unsatisfactory, the Township
Clerk shall endorse on the application the disapproval and reasons
therefor and notify the applicant that the application is disapproved
and that no license shall be issued.
(2)
If as a result of the investigation the character and business responsibility
of the applicant are found to be satisfactory, the Township Clerk
shall endorse on the application the approval and issue the license
to the applicant. The license issued to the licensee shall contain
the signature of the Township Clerk and show the name, address and
photograph of the licensee, the kind 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 or soliciting activity licensed, along with a
"Do Not Solicit List."
B.
The license 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 peddlers or solicitors 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 carry the license with him 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. Every licensee, as well as every person referred to in § 112-3, shall restrict selling or soliciting activity within the Township to the hours between 9:00 a.m. and 4:00 p.m., Monday through Friday, and on each day of such activity shall notify the Township Clerk immediately before commencing selling or soliciting activity and immediately after completion. Notification shall include a statement as to the general area of the Township in which the licensee, as well as every person referred to in § 112-3, intends to conduct or has conducted the activity.
Every such license shall remain in force for 60 days and be
valid only for the time therein expressed and shall apply to the person
or persons to whom granted; it shall not be transferable.
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 of unusual noise
or by playing loud music.
B.
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
stating "No Solicitations."
C.
It shall be unlawful for any person or persons to stop any motor
truck or other types of vehicles on any street in the Township for
the purpose of selling or offering for sale from said motor truck
or other types of vehicle any goods, wares, or merchandise of any
description.
D.
No peddler or solicitor shall be permitted to peddle or solicit before
9:00 a.m. on any day or after 4:00 p.m. on any day. No one shall be
permitted to peddle, solicit or canvass on Sunday.
E.
No license or badge issued under the provision of this article shall
be used or worn by any person other than the one to whom it was issued,
nor shall it be transferred in any way or manner.
F.
No peddler or solicitor shall have any exclusive right to any location
in the public streets, nor shall any be permitted a stationary location,
nor be permitted to operate in any congested area where the operations
might impede or inconvenience the public.
It shall be the duty of the Code Enforcement Officer of the
Township to enforce the provisions of this article and to require
any persons seen peddling or soliciting, who is not known by the officer
to be duly licensed, to produce his peddler's or solicitor's license.
A.
Licenses issued under the provisions of this article may be suspended
by the Township Clerk for any of the following causes:
(1)
Fraud, misrepresentation or false statements contained in the application
for license.
(2)
Fraud, misrepresentation or false statements by the licensee in the
course of conducting the business licensed.
(3)
Any violation of this article.
(4)
Conviction of any crime involving moral turpitude.
(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 and general welfare of the public.
B.
Upon suspension, the Township Clerk will notify the licensee of the
suspension and provide the licensee with a notice of hearing. The
notice shall set forth the specific grounds of the complaint and the
time and place of hearing and the notice shall be sent by certified
mail to the licensee at his last known address at least five days
prior to the date set for the hearing.
C.
The peddler or solicitor shall cease operations until the outcome
of the hearing.
D.
The decision of the Township Committee on the revocation of the license
shall be final.
Any person aggrieved by the action of the Township Clerk in the denial of a license shall have the right of appeal to the Township Committee. The appeal shall be filed by the applicant with the Township Clerk within 14 days of the notification the application has been denied and shall include a written statement setting forth the grounds for the appeal. The Township Clerk 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 § 112-11B. The decision of the Township Committee shall be final.
All licenses issued under the provisions of this article shall expire 60 days after issuance. Any license may be renewed upon payment of the registration fee and upon submission by the licensee of a new application in conformity with the requirements of § 112-4 or, in lieu thereof, a sworn statement in writing setting forth all changes in the information contained in the original application for the expired license which are necessary to bring the new application completely up-to-date. A new application or statement in lieu thereof shall be subject to the provisions and standards set forth in § 112-4.
Township residents may contact the municipal building and be
placed on a "Do Not Solicit List." The "Do Not Solicit" list will
be distributed to a peddler or solicitor, upon granting of license,
which list will bear the address of the resident that has requested
the peddler or solicitor not solicit.
If any provision of this article or the application thereof
to any person or circumstances is held invalid, the remainder of this
article shall not be affected thereby and shall remain in full force
and effect.
All ordinances or parts of ordinances or resolutions inconsistent
or in opposition to the provisions of this article are hereby repealed
in their entirety.
