City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents

§ 118-8 Definitions.

As used in this article, the following terms shall have the meanings indicated:
SOLICITOR
Any person traveling by foot or vehicle of any kind, who sells or offers to sell goods, articles or property of any kind or description by sample or otherwise for future delivery, or who offers to render services at some time in the future, with or without accepting payment or partial payment for the same.

§ 118-9 Exempted persons.

This article shall not apply to:
A. 
Persons engaged in the delivery of goods, wares or merchandise in the regular course of business to the premises of persons ordering or entitled to receive same;
B. 
Employees of any public utility which is subject to regulation by the Board of Public Utility Commissioners of the State of New Jersey when carrying an identification card, badge or insignia issued by such a public utility;
C. 
Employees or agents of life insurance companies; or
D. 
Corporations licensed by any state agency.

§ 118-10 License required.

No solicitor, as defined herein, shall engage in such business within the City without first obtaining a license, in compliance with the provisions of this article.

§ 118-11 License application; fee; items submitted.

A. 
An applicant for a license under this article shall file with the Tax Collector an application, on a form to be provided by the Tax Collector's office, which shall contain the following information:
(1) 
The applicant's name, permanent home address and telephone number.
(2) 
A brief description of the nature of the business and the goods to be sold.
(3) 
A copy of applicant's social security card.
(4) 
The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed and the proposed method of delivery.
(5) 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
(6) 
Three reliable references, not related to applicant, who will certify as to the applicant's good character and business responsibility.
(7) 
A statement as to whether or not 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.
(8) 
A list of the municipalities in which the applicant and his or her employer have conducted the business for the six months prior to the date of the application.
(9) 
A statement setting forth any complaints that have been made against the applicant or his or her employer by customers in this City or elsewhere and the nature of said complaints.
B. 
At the time of filing the application, a fee as provided in Chapter 170, Licenses and Fees, shall be paid to the Tax Collector's office.
C. 
Items to be sold shall be submitted to the Tax Collector, or his or her designee, upon submitting the application.

§ 118-12 Standards of conduct.

A. 
It shall be unlawful for an applicant or licensee to misrepresent the character or quality of merchandise offered for sale and to importune or otherwise annoy any person for the purpose of effecting or inducing a purchase.
B. 
Each licensee shall also:
(1) 
Carry his or her license on his or her person while engaged in the business licensed;
(2) 
Produce his or her license, upon the request of any City official;
(3) 
Allow City officials to conduct inspections, if applicable, pursuant to § 170-24; and
(4) 
Solicit between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday.

§ 118-13 Transfer of license.

A solicitor's license shall not be transferable, as provided in Chapter 170, Licenses and Fees.

§ 118-14 Investigation of applicant.

Upon receipt of application, the Tax Collector, or his or her designee, shall cause an inspection of the subject matter of licensing, including the property, vehicles, equipment, facilities or books and records pertaining to the subject matter of licensing, as may be necessary for purposes of issuance, renewal or enforcement of any license.

§ 118-15 Refusal to issue or renew; revocation or suspension.

A. 
The City may refuse to issue or renew and revoke or suspend a license as set forth under Chapter 170, Licenses and Fees. A solicitor's license shall be subject to revocation, after notice and hearing, as set forth in Chapter 170, Licenses and fees, for any one of the following:
(1) 
Fraud, misrepresentation or false statements contained in the application for a solicitor's license.
(2) 
Fraud, misrepresentation or false statements made in the course of carrying on his or her business as a solicitor.
(3) 
Conducting the business of soliciting in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the public health, safety or general welfare.
(4) 
Violating any provision under this article.

§ 118-16 Fingerprinting of applicants.

Each applicant for a solicitor's license shall be fingerprinted before a license is issued.

§ 118-17 Identification card.

Every person soliciting in the City of East Orange shall have his or her photograph affixed to the license, which shall be exhibited to any police officer or other City official upon request.