City of Plainfield, NJ ARTICLE 7 Peddlers and Solicitors

§ 9:7-1 Definitions.

[R.O. 1957, 6:11-1; as amended March 21, 1966; MC 1973-24, July 2, 1973; MC 1974-18, § 1, Sept. 3, 1974; MC 1982-4, § 1, April 5, 1982]

As used herein:

(a) Peddler means a person commonly referred to as either a peddler or hawker, who goes from door to door or place to place and carries with him goods, wares, and merchandise for the purpose of selling and delivering them to purchasers, or who offers services door to door.

(b) Peddler's assistant means anyone who engages in the business of peddler from a licensed vehicle, but who is not the owner or lessee of the vehicle.

(c) Solicitor means a person commonly referred to as either a solicitor or canvasser, who goes from door to door or place to place, selling goods by sample, or giving away samples, or soliciting any business transaction, or who solicits or requests directly or indirectly money, credit, property, financial assistance, or other things of value, or for services to be performed in the future or taking orders for future delivery, with or without accepting an advance payment for goods or services.

(d) Food peddler means a peddler whose activities are limited solely to the sale or distribution of food items from a truck, van, cart or other type of vehicle.

(e) Ice cream peddler means a food peddler whose wares are limited solely to ice cream, ices and similar products.

(f) Door to door solicitors and peddlers are those who enter upon property containing single family or multi-family dwellings during the conduct of their business.

(g) Place to place solicitors and peddlers are those who conduct their business in public places or thoroughfares and who do not enter upon the property of single-family or multi-family dwellings.

§ 9:7-2 License required. [1]

[R.O. 1957, 6:11-2; amended by MC 1973-24, § 2, July 2, 1973]

As to fees, see Article 17 of this chapter.

(a) No peddler, peddler's assistant, solicitor, food peddler or ice cream peddler shall sell or offer for sale any goods, wares or merchandise without first obtaining a license from the Mayor or his designee.

(b) This Section shall not apply to:

(1) Farmers or gardeners when they are peddling the products of the farms or gardens owned or occupied by him.

(2) Milkmen;

(3) Persons honorably discharged from the military, naval or marine forces of the United States or exempt members of volunteer fire departments or municipalities of this State, who hold licenses issued pursuant to R.S. 45:24-10:

(4) Distributors of newspapers, or written matter dealing solely with religious, political, educational or similar subjects not of a commercial nature;

(5) Solicitors seeking subscriptions for all broad band communication systems franchised by the City, provided such solicitors shall have in their possession suitable identification from their employer and the employer has furnished the names of such solicitors to the Chief of Police, or

(6) Persons selling or distributing food items in sealed containers either for sale on a regularly scheduled future basis to the property resident or for organizations that have qualified for exemption under the provisions of the New Jersey Sales and Use Tax Act, R.S. 54:32B-9, which latter provision may be waived by the Chief of Police if such sale or distribution is temporary in nature and for a charitable purpose.

[1] State law reference. As to City power to license and regulate, see N.J.S.A. 40:52-1(c).

§ 9:7-3 License for vehicle.

[R.O. 1957, 6:11-3]

(a) If a peddler operates more than one (1) vehicle for peddling, a separate license shall be obtained for each vehicle.

(b) Any person upon or with a licensed vehicle, if not the owner or lessee of the vehicle, may be licensed as a peddler's assistant.

(c) No more than two (2) licensees shall be allowed on any one (1) vehicle.

§ 9:7-4 Door to door solicitor's license. [1]

[Amended by MC 1973-24, § 3, July 2, 1973; MC 1982-4, § 1, April 5, 1982]

No person shall, without prior invitation or appointment, solicit or call from door to door in the City to sell goods by sample or to take or attempt to take orders for the future delivery of goods, merchandise, wares or personal property of any nature whatsoever or take or attempt to take orders for services to be furnished or performed in the future without first having received a license therefor in accordance with the provisions of this article, unless such persons would be exempt from securing such license under Section 9:7-2(b)

[1] State law reference: As to licensing door to door solicitors, see N.J.S.A. 40:52-1; Mogolefsky v. Schoem, 50 N.J. 588, 236 A. 2d 874 (1967), re real estate brokers.

§ 9:7-5 Application for license.

[R.O. 1957, 6:11-4]

(a) The application for a license shall be in writing and signed by the applicant. It shall be accompanied by the prescribed fees and filed with the License Bureau.[1]

[1] Cross reference: As to the fee, see Article 17 of this chapter.

(b) The application for a license shall state:

(1) The name, age and permanent home address of the applicant;

(2) The applicant's place or places of residence for the preceding three (3) years;

(3) The number and nature of any arrests or convictions;

(4) The purpose of the license;

(5) The nature of the merchandise to be sold or offered for sale;

(6) If a solicitor's license, the length of time for which the license is desired;

(7) If a vehicle is to be used in connection with the business, a description of the vehicle; and,

(8) The names of three (3) reputable citizens to whom reference may be made as to the character and fitness of the applicant.

(c) If the merchandise is to be sold on behalf of another person, the application shall state the name and address of such person. The application shall be accompanied by a letter from the person to be benefited by the sale authorizing the applicant to engage in the business of peddler, peddler's assistant or solicitor on his behalf.

§ 9:7-6 Fingerprinting.

[R.O. 1957, 6:11-5]

Before a peddler's or solicitor's license is issued, the applicant therefor shall be fingerprinted by the Police Division.

§ 9:7-7 Grant of licenses.

[R.O. 1957, 6:11-6]

(a) The Mayor or his designee is authorized to grant a license under this article to any person:

(1) Of good moral character;

(2) Who has never been convicted of a crime involving moral turpitude, or a violation of any State or Federal law, or any disorderly conduct provision; and,

(3) Who has complied fully with this article.

(b) The License Bureau shall refer all applications for a license for investigation as to the truth of the statements of the application and the applicant's qualifications. The approving agency shall report its findings in writing to the License Bureau.

(c) The license need not be issued until two (2) weeks after the application has been made.

(d) The license shall state the:

(1) Purpose of the license;

(2) Name and business address of the licensee;

(3) Number of the license; and

(4) Expiration date of the license.

§ 9:7-8 Licenses; duration.

(a) A peddler's license and badge shall be issued for the period of one (1) year from June 1 to the last day of May of the following year.

(b) A solicitor's license shall be issued for a period of thirty (30) days, which may be extended for additional thirty (30) day periods.

§ 9:7-9 Licenses; transferability.

[R.O. 1957, 6:11-3]

(a) Every peddler, peddler's assistant or solicitor shall obtain an individual license. These licenses shall not be transferable from one person to another person.

(b) If a peddler ceases to use the vehicle described in his license and desires to substitute another vehicle, he shall:

(1) Notify the License Bureau;

(2) Furnish the License Bureau with a description of the vehicle to be substituted; and,

(3) Transfer his peddler's license plates to the other vehicle.

§ 9:7-10 Display of license, plates and badges.

[R.O. 1957, 6:11-7; amended by MC 1982-4, § 1, April 5, 1982]

(a) The license shall be carried upon the person of the licensee at all times when the licensee is engaged in the licensed business.

(b) In the case of a peddler with a vehicle, the license shall be carried in or upon the vehicle at all times when the vehicle is engaged in the licensed business.

(c) In addition to the license, the City shall issue, and every vehicle used by a licensed peddler shall display on each side of its exterior, in a conspicuous place, a metal plate, to be furnished by the License Bureau bearing the words,

"City of Plainfield, Licensed Peddler, No. __ _____________________________, Expires_______________________, 20___," with the appropriate number and date inserted.

(d) Every solicitor and peddler, including those exempt from license requirements, shall wear, in a conspicuous place on his person, a picture identification badge bearing a licensee photograph, license number, and license expiration date.

(e) The issuance of every picture identification badge shall be accompanied by a deposit of Five Dollars ($5.00) which shall be refunded to the solicitor or peddler upon return to the City of expired badges. This deposit shall be in addition to license fees identified in Section 9:17-1.

§ 9:7-11 Hours and days for conduct of business.

[R.O. 1957, 6:11-9, amended by MC 1073-24, § 4, July 2, 1973; MC 1982-4, § 1, April 5, 1982]

(a) No solicitor or peddler shall conduct his business from door-to-door on Sundays.

(b) Every solicitor and peddler, who sells from door-to-door shall conduct his business from Monday through Saturday, inclusive, between the hours of 10:00 A.M. and 4:00 P.M.

(c) Every solicitor and peddler, who does not sell from door-to-door, shall conduct their business from Monday through Saturday, inclusive, between the hours of 8:00 A.M. and 8:00 P.M.

(d) Food and ice cream peddlers may conduct business on Sunday and after 8:00 P.M. if at public events occurring at those times. Sales shall be permitted until the time that such public events are concluded.

§ 9:7-12 Entry upon private property.

[Amended by MC 1973-24, § 5, July 2, 1973]

No peddler, peddler's assistant or solicitor shall enter any private property for the purpose of selling or offering for sale any goods, wares, merchandise or service if the property owner has indicated by posting or other notice his desire to prohibit such entry.

§ 9:7-13 Sales prohibited within the central business district and one thousand feet from schools.

[R.O. 1957, 6:11-11; amended by MC-1973-24, § 6, July 2, 1973; MC-1980-14, § 1, October 20, 1980; MC 1993-10, April 5, 1993]

(a) No peddler, peddler's assistant, solicitor or food peddler, or ice cream peddler, shall be granted a permit to conduct his or her business within the central business of the City as defined herein, or within a radius of one thousand (1,000) feet of the perimeter of the property of any public school during daylight hours when such school is in session.

(b) The term Central Business District as used in this section shall include that area, including both sides of all streets mentioned herein, bounded by Sanford Avenue, East Front Street, Richmond Street, East Fifth Street, Watchung Avenue, East and West Seventh Streets, Madison Avenue, the Central Railroad of New Jersey right-of-way, New Street, West Front Street, Washington Avenue, and the Green Brook.

(c) The restrictions contained in this section shall not apply to special one-day events within the central business district such as parades and other public or civic functions.

(d) A temporary peddler's license may be issued for special one-day events, such as parades and other public or civic functions, limited to the day of each particular event. The fee for such temporary license shall be Twenty-Five Dollars ($25.00) per day. The Chief of Police may waive the fingerprinting requirements of Section 9:7-6 when issuing a temporary one-day license.

§ 9:7-14 Food peddler's license.

[MC 1973-24, § 7, July 2, 1973; amended by MC-1980-14, § 2, October 20, 1980; MC 1993-10, April 5, 1993]

(a) No person shall sell, solicit the sale or offer for sale any sandwiches, hotdogs, drinks or other edibles of similar nature, excluding ice cream, ices, or similar products, from a basket, pushcart, motor car or other conveyance or vehicle, or on foot without first obtaining a food peddler's license in lieu of any other license required hereunder. Such license shall be issued in the name of the principal only and shall not include any assistant or assistants.

(b) The fee for such license shall be Two Hundred Fifty-Five Dollars ($255.00) per annum, the license year to run from June 1 through May 31 of each year.

(c) The license form, and application form, shall be the same as those for general peddlers, but shall bear the words "food peddler" thereon.

(d) A temporary food peddler's license may be issued for special one-day events such as parades and other public or civic functions, limited to the day of each particular event. The fee for such temporary license shall be Twenty-Five Dollars ($25.00) per day. The Chief of Police may waive the fingerprinting requirements of Section 9:7-6 when issuing a temporary one-day license.