Borough of Somerdale, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Somerdale as Ch. 82 of the 1973 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 131.
Business licenses — See Ch. 175.
Parks and recreation — See Ch. 186.
Seasonal vending — See Ch. 210.
For the purpose of this chapter, the terms used herein are defined as follows:
MERCHANDISE
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.
PEDDLER
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 word "peddler" shall include the words "hawker" and "huckster."
PERSON
Includes the masculine and the feminine and the singular and the plural and shall be construed to mean and include any individual, firm, partnership, corporation, association, club or any other organization or any principal or agent thereof.
SOLICITOR
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 word "solicitor" shall include the word "canvasser"; provided, however, that this definition shall not include wholesalers, or their agents, 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 licensee.
Except as otherwise provided in § 192-4 hereof, 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 corporate limits of the Borough of Somerdale without first obtaining a license therefore in compliance with the provisions of this chapter. Such licenses 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.
[Amended 9-8-1993 by Ord. No. 93:12]
The requirements of § 192-3 shall not apply to the following:
A. 
Any charitable or religious society that shall conduct sales of personal property when the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable or religious object for which the society exists.
B. 
Any person honorably discharged from the military service of the United States possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and 45:24-10.
C. 
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 said law.
D. 
Any public utility or its employees, which public utility is subject to regulation by the State Board of Public Utility Commissioners; provided, however, that such employees shall display the identification badge or card issued by their employer.
E. 
Any person selling fruits and farm produce grown by himself, with or without the help of others.
F. 
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.
G. 
Any school, political or civic organization, benevolent society, service club or organization not for profit which is located in or has a substantial membership from the Borough of Somerdale.
H. 
Any organization not engaged in commercial activities, but rather which is involved strictly in canvassing for political, religious, charitable or other similar types of causes non-economic in nature.
Except applicant for a license under this chapter shall file with the Borough Clerk a sworn written application, in duplicate, on a form to be furnished by said Clerk, which shall give the following information:
A. 
The name and description of the applicant.
B. 
The 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 such vehicle and its license number.
G. 
The place where the goods or property to be sold or offered for sale is manufactured or produced, where such goods or property is located at the time such application is filed and the proposed method of delivery.
H. 
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 by two inches.
I. 
Two business references located in the County of Camden, 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 such 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 assessed therefor.
K. 
The fingerprints of the applicant, if the application is for the purposes of business peddling or soliciting.
[Amended 9-12-1990 by Ord. No. 90:09]
[Amended 9-12-1990 by Ord. No. 90:09]
At the time the application is filed, a fee as set forth in the current. Fee Ordinance shall be paid to the Borough Clerk to cover the cost of processing the application and investigating the facts stated therein.
[Amended 9-12-1990 by Ord. No. 90:09]
When the aforesaid application is properly filled out and signed by the applicant and the original and duplicate thereof are filed with the Borough Clerk, the Clerk shall refer the original to the Police Director, who shall make or cause to be made such 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 such an investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Police Director shall endorse on such application his disapproval and his reasons therefor and return said application to the Borough Clerk, who shall notify the applicant that the application is disapproved and that no license shall be issued.
(1) 
Any determination by the Police Director that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
(a) 
Convictions of a crime involving moral turpitude.
(b) 
Prior violation of a peddling or soliciting ordinance.
(c) 
Previous fraudulent acts or conduct.
(d) 
Record of breaches of solicited contracts.
(e) 
Concrete evidence of bad character.
(2) 
In the absence of any such finding, the Police Director shall find the application satisfactory.
B. 
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Police Director shall endorse on the application his approval, execute a license addressed to the applicant to conduct the business applied for and return said license, with the application, to the Borough Clerk, who shall issue the license to the applicant. Such license shall contain the signature of the issuing officer and shall show the name, address and photograph of the licensee, the class of license issued, the kind of goods or services to be sold thereunder, the date of the issue, the length of time the license shall be operative and the license number and other identifying description of any vehicle used in the peddling or soliciting activity licensed.
C. 
The Borough Clerk shall issue to each licensee, at the time of delivery of his license, a badge which shall show the nature of the license in letters and figures easily discernible from a distance of 10 feet. Such badge shall, during the time such 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.
D. 
All licensees using automobiles or other vehicles in connection with their business shall have affixed thereon a metal plate supplied by the Borough Clerk. Said metal plate shall bear the words "licensed peddler," "licensed hawker," "licensed solicitor" or "licensed canvasser," together with a number and the year for which it is issued.
[Amended 9-12-1990 by Ord. No. 90:09]
Every holder of a peddler's or solicitor's license issued by the Borough Clerk under the authority of this chapter or by the Clerk of the County of Camden under the authority of N.J.S.A. 45:24-10 shall be required to carry such license with him while engaged in the business or activity licensed within the corporate limits of the Borough of Somerdale. He shall produce such license at the request of any official of said Borough or of any resident of said Borough with whom he wishes to conduct his said business or activity. Every such licensee shall notify the police officer on duty at least once in every week in which he plans to conduct said activity and before commencing his selling or soliciting activity. Such notification shall include a statement of the general area of the Borough of Somerdale in which the licensee intends to conduct said activity and a schedule of dates and times when said activity shall be conducted. The licensee shall notify the police officer on duty of any change in area or time of solicitation should such changes be made during the week.
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. 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 such activity.
It shall be the duty of any police officer of the Borough of Somerdale 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 his peddler's or solicitor's license.
[Amended 9-12-1990 by Ord. No. 90:09]
The Borough Clerk shall maintain a record of all licenses issued under the provisions of this chapter and shall record therein all convictions for violations of this chapter and other pertinent circumstances and incidents reported by the Police Director.
A. 
Licenses issued under the provisions of this chapter may be revoked by the Mayor and Council, 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 chapter.
(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 or general welfare of the public.
B. 
Notice of hearing for revocation of a license shall be given in writing. Such notice shall set forth the specific grounds of complaint and the time and place of the 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 the hearing.
[Amended 9-12-1990 by Ord. No. 90:09]
Any person aggrieved by the action of the Police Director or of the Borough Clerk in the denial of a license, as provided in § 192-7 of this chapter, shall have the right of appeal to the Mayor and Council. Such appeal shall be taken by filing with the Mayor and Council, within 14 days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Mayor and Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 192-12 of this chapter for notice of a hearing on the revocation of licenses. The decision of the Mayor and Council on such appeal shall be final and conclusive.
All licenses issued under the provisions of this chapter shall expire December 31 of the calendar year in which they are issued. Any such license 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 § 192-5 of this chapter or, in lieu thereof, a sworn statement setting, forth all changes in the information contained in the application for the expired license which are necessary to bring said application completely up-to-date. Such new application or statement in lieu thereof shall be subject to the provisions and standards set forth in § 192-5 of this chapter.
[Added 9-8-1993 by Ord. No. 93:12]
Any person or organization exempted pursuant to the provisions of § 192-4 shall nevertheless, prior to any such canvassing or soliciting, register with the Somerdale Police Department, providing to the Department information regarding the names, addresses and social security numbers of all individuals involved in canvassing or soliciting within the Borough of Somerdale, the names and addresses of any organization sponsoring said individuals, the length of time said individuals will be canvassing within the Borough of Somerdale and a description of any motor vehicles being used to transport said individuals within the Borough of Somerdale.
[Added 9-8-1993 by Ord. No. 93:12]
Any resident, owner or tenant of private property situated within the Borough of Somerdale may post a "No Solicitation" sign upon his or her premises. It shall be a violation of this chapter for any canvasser, peddler or solicitor, whether duly licensed under this chapter or not, or whether exempted under § 192-4 or not, to purposely ignore said "No Solicitation" posting by attempting to call upon, canvass, solicit or otherwise disturb said resident, owner or tenant of such posted private property for any purpose whatsoever.
A. 
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to any combination of the following:
[Amended 9-12-1990 by Ord. No. 90:09]
(1) 
A fine of not less than $100 nor more than $1,000.
(2) 
A term of imprisonment not exceeding 90 days.
(3) 
A period of community service not exceeding 90 days.