[HISTORY: Adopted by the Mayor and Council of the Borough of Penns Grove as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-7-1991 by Ord. No. 91-3 (Ch. 171 of the 1986 Code)]
This article is adopted to regulate peddling and soliciting of certain materials, services and related activities within the Borough of Penns Grove. The registration of persons engaged in the above-mentioned activities is required so that the identity of persons going from door to door or distributing materials within the Borough may be established and 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 within the Borough.
When used in this article, the following terms shall have the following meanings:
- All goods, wares, food, meat, fish, ice cream, fruits, vegetables, magazines, periodicals, printed material, farm products, services and orders or contracts for services, home improvements or alterations and anything that may be sold or distributed by peddlers or solicitors, 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, traveling by foot, automotive vehicle or any other type of conveyance, or stays at any location for any period of time or who offers merchandise for sale at any location for any period of time, carrying or transporting merchandise to customers. The word "peddler" shall also include the words "hawker" and "huckster."
- Any individual, firm, partnership, corporation, organization, club, association or any principal, agent or employee thereof.
- 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, traveling by foot, automotive vehicle or any other type of conveyance, soliciting, taking 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 a person who engages in any of the foregoing activities from a stationary location on any street or other public place. The word "solicitor" shall also include the word "canvasser."
It shall be unlawful for any peddler or solicitor to sell, offer for sale or take sales orders for merchandise or services or to distribute merchandise or printed material within the Borough without first registering with the Borough by filing an application for registration and paying a registration fee to the Borough Clerk and obtaining a license from the Borough Clerk.
Applications for a peddler's/solicitor's license shall be made to the Clerk of the Borough of Penns Grove. The Clerk shall have the discretion to either issue a license immediately upon receipt of a completed application and license fee or to withhold issuance of the license pending a background investigation by the Police Department. Said application shall contain the following information:
The name and address of the applicant.
A physical description of the applicant.
The name and address of the firm or employer represented by the applicant, together with credentials establishing the relationship with the firm or employer.
A brief statement of the nature of the business and a description of the merchandise or service to be sold or a description of the type of solicitation to be done.
If a vehicle is to be used, a description of such vehicle and its license number.
The location where the merchandise to be sold or offered for sale is manufactured or produced and the location where such merchandise is located at the time such application is filed and the proposed method of delivery.
A statement as to whether the applicant has been convicted of any crime, disorderly persons offense or violation of a municipal ordinance, other than traffic regulations, and the nature of the offense.
[Amended 7-5-2017 by Ord. No. 2017-5]
None of these licenses shall be valid on Penns Grove Day or any other day on which a special event is recognized by resolution of the Mayor and Council. Notice of recognized special events shall be given to holders of valid licenses. Any peddler/solicitor who wishes to conduct business within the Borough of Penns Grove on the actual day that Penns Grove Day or another special event takes place shall apply exclusively to the Penns Grove Recreation Committee for a one-day license. The fee for said license is presently $25, which fee may change from time to time at the request of the Recreation Committee and subsequent approval by the Mayor and Council.
A copy of each application completed by a person for a license shall be forwarded to the Chief of Police or the designated officer in charge after issuance of a license or, in the discretion of the Clerk, prior to the issuance of a license. The Police Department shall have the discretion to investigate the accuracy of the information contained in the application.
No license issued under the provisions of this article shall be used at any time by any person other than the individual to whom it was issued.
The equipment used or employed by such peddler/solicitor of ice cream, foods, beverages, confections or other related commodity shall be maintained in a clean and sanitary manner and be subject to the inspection of an authorized agent of the Borough Board of Health.
The licensee shall exhibit his license to any police officer or other person on request. The licensee shall be courteous to all persons and shall not importune or annoy any of the inhabitants of the Borough and shall conduct himself in a lawful manner.
In the event that the Police Department does an investigation of the information contained on the application and discovers material inaccuracies or believes that there are reasonable grounds for denying the application or if the peddler or solicitor makes misrepresentations or materially incorrect statements in the course of carrying on his business, the Chief of Police shall give written notice setting forth specifically the grounds of the complaint seeking to deny or revoke the license. Said notice shall be mailed to the applicant or license holder at the address given on the application at least five days prior to the date set for the hearing or be delivered personally at least three days prior to the date set for the hearing. The Chief of Police or his designee shall have the right to conduct the hearing. If the applicant or licensee is not satisfied with the decision of the hearing officer, the applicant or licensee may appeal that decision to the Police Committee within 10 days of the date of the hearing, setting forth a written statement fully explaining the grounds for the appeal. Thereafter, the Police Committee will notify the applicant or licensee of a hearing, which will take place within 30 days of the date of the notice of appeal. The decision of the Police Committee at that hearing shall be final.
The hours during which activity by a licensee is permitted within the Borough shall be between 9:00 a.m. and 6:30 p.m. or sunset, whichever occurs earlier, unless the licensee has specifically been invited to a dwelling by a resident.
The following persons are exempt from the payment of a fee upon compliance with all other provisions of this article and submission of applicable identification and documents to support their claim to exemption:
Any charitable or religious organization or society which is recognized as tax exempt under the United States Internal Revenue Code that shall conduct sales of personal property where 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.
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.
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.
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 school, political or civic organization, benevolent society, service club or organization not for profit which is located in the Borough or has a majority of its membership from the Borough.
[Amended 7-5-2017 by Ord. No. 2017-5]
Any person, firm or corporation violating any provision of this article shall be subject to a penalty as provided in § 1-2 of this Code.
[Adopted 5-21-2002 by Ord. No. 2002-7]
The Borough of Penns Grove shall permit charitable organizations as defined in N.J.S.A. 45:17A-20 to solicit contributions in roadways situated in the Borough of Penns Grove in accordance with the provisions contained herein.
[Amended 7-5-2017 by Ord. No. 2017-5]
All charitable organizations as defined in N.J.S.A. 45:17A-20 which desire to solicit contributions in roadways situated in the Borough of Penns Grove shall file an application for a permit with the Borough of Penns Grove's Chief of Police on a form supplied by said Chief of Police specifying the following information:
Name of applicant's organization.
Address of applicant's organization.
Telephone number of applicant's organization.
Contact person of applicant's organization.
Specific location or locations of proposed charitable solicitation.
Dates and times of proposed charitable solicitation.
If said request pertains to a location or locations on any county highway, or intersection of a county highway, said application shall include a copy of an authorization from the Salem County Board of Chosen Freeholders to permit said charitable solicitation.
If said request pertains to a location or locations on any state highway, or intersection of a state highway, said application shall include a copy of an authorization from the Commissioner of Transportation of the State of New Jersey to permit said charitable solicitation.
Identify the manner in which the motorist solicitation will be conducted and the procedures to be used to ensure the safety of the members of the public who will be traveling the roadways situated in the Borough of Penns Grove.
[Amended 7-5-2017 by Ord. No. 2017-5]
Upon the filing of a complete application in accordance with the provisions of this article, the Chief of Police shall present the same to the Mayor and Council of the Borough of Penns Grove for their review and consideration, after which the Mayor and Council shall grant or deny the applicant's request. In the event the Mayor and Council grant the applicant's request, the Chief of Police shall issue a permit to the applicant which shall be subject to the representations contained in the applicant's application and any conditions imposed by the Mayor and Council.
In no event shall any charitable organization requesting authorization from the Borough of Penns Grove for said charitable solicitation use any individual under the age of 18 years to perform any function or task associated with said charitable solicitation in any roadway.
Any charitable organization requesting authorization from the Borough of Penns Grove for said charitable solicitation shall comply with all of the terms and conditions of N.J.S.A. 39:4-60, as amended by P.L. 1997, c. 82, approved April 30, 1997.
This article is adopted pursuant to N.J.S.A. 39:4-60, as amended by P.L. 1997, c. 82, approved April 30, 1997.