Township of Winslow, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Winslow 8-28-70 by Ord. No. 0-11-70 as Ch. 31 of the 1970 Code of the Township of Winslow. Certain sections renumbered 10-9-18 by Ord. No. O.2018-020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This legislation was originally adopted 4-30-65 as Ord. No. 0-2-65.
It shall be unlawful for any person to engage in the business of solicitor, canvasser or peddler, as hereinafter defined, within the corporate limits of the Township of Winslow, without first obtaining a permit and license therefor as provided herein.
As used in this chapter, the following terms shall have the meanings indicated:
CANVASSER OR SOLICITOR OR PEDDLER
Any individual, whether resident of the Township of Winslow or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance from place to place, from house to house or from street to street, taking or attempting to take or solicit contributions of money or other things of value, or to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition will include any person who, for himself or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the Township for the sole purpose of exhibiting samples and taking orders for future delivery, and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter. The word "peddler" shall include the words "hawker", "huckster" and "itinerant vendor."
[Amended 9-27-16 by Ord. No. O-2016-020]
PERSON
Includes the singular and the plural and also means and includes any person, firm or corporation, association, club, copartnership or society or any other organization.
[Amended 9-27-16 by Ord. No. O-2016-020]
A. 
Applicants for permits and licenses under this chapter must file with the Township Clerk a sworn application in writing, in duplicate, which shall give the following information:
(1) 
Name and description of the applicant.
(2) 
Permanent home address and full local address of the applicant.
(3) 
A brief description of the nature of the business and the goods to be sold.
(4) 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
(5) 
The length of time for which the right to do business is desired.
(6) 
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.
(7) 
A photograph of the applicant taken within sixty (60) days immediately prior to the date of filing of the application, which picture shall be two by two (2 x 2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner.
(8) 
The fingerprints of the applicant and the names of at least two (2) reliable property owners of the County of Camden, State of New Jersey, who will certify as to the applicant's good character and business respectability or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility.
(9) 
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 therefor.
(10) 
A statement by a reputable physician of the County of Camden, dated not more than ten (10) days prior to submission of the application, certifying the applicant to be free of contagious, infectious or communicable disease.
B. 
At the time of filing the application, a fee of five dollars ($5.) shall be paid to the Township Clerk to cover the cost of investigation of the facts stated therein.
A. 
Upon receipt of such application, the original shall be referred to the Chief of Police, or his/her designee, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good. As part of said investigation, the Police Department may require the applicant to submit to a criminal history background check, provided that where the Camden County Prosecutor has so authorized, the Township shall accept the results of a criminal history background check dated within six (6) months of the date of the application which the applicant was required to obtain for a peddling and soliciting license in another municipality.
[Amended 9-27-16 by Ord. No. O-2016-020]
B. 
If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons for the same and return the said application to the Township Clerk, who shall notify the applicant that his application is disapproved and that no permit and license will be issued.
C. 
If as a result of such investigation the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return said permit, along with the application, to the Township Clerk, who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of said licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such soliciting or canvassing. The Clerk shall keep a permanent record of all licenses issued.
[Amended 4-6-89 by Ord. No. 0-22-89]
The license fee for such license shall be twenty-five dollars ($25.). Said license shall be valid until December 31 of the year in which the same has been issued.
The Township Clerk shall issue to each licensee at the time of delivery of his license a badge which shall contain the words "Licensed Solicitor or Peddler," the period for which the license is issued and the number of the license, in letters and figures easily discernible from a distance of ten (10) feet. Such badge shall, during the time such licensee is engaged in soliciting, be worn constantly by the licensee on the front of his outer garment in such a way as to be conspicuous.
Solicitors and canvassers are required to exhibit their licenses at the request of any citizen.
It shall be the duty of any police officer of the Township of Winslow to require any person seen soliciting or canvassing and who is not known by such officer to be duly licensed, to produce his solicitor's or canvasser's license, and to enforce the provisions of this chapter against any person found to be violating the same.
A. 
Permits and licenses issued under the provisions of this chapter may be revoked by the Township Committee of the Township of Winslow, 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 made in the course of carrying on his business as solicitor or as canvasser.
(3) 
Any violation of this chapter.
(4) 
Conviction of any crime or misdemeanor involving moral turpitude.
(5) 
Conducting the business of soliciting or of canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five (5) days prior to the date set for hearing.
[Amended 7-26-78 by Ord. No. 0-13-78]
A. 
All religious, charitable and fraternal nonprofit organizations are hereby exempt from all requirements of this chapter, except that said religious, charitable and fraternal nonprofit organizations shall obtain a permit and file with the Township Clerk a sworn application in writing, in duplicate, which shall give the following information:
(1) 
Name, description and social security number of the applicant.
(2) 
Permanent home address, full local address and motor vehicle registration number of the applicant.
(3) 
A brief description of the nature of the business and the goods to be sold.
(4) 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
(5) 
The length of time for which the right to do business is desired.
(6) 
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.
B. 
If applicable, said applicant shall attach to his application a letter from his organization authorizing solicitation and for what cause.
[Added 10-9-18 by Ord. No. O.2018-020]
No licensee or anyone on behalf of a licensee shall solicit, canvass or peddle in any manner at any time other than between the hours of 9:00 a.m. and dusk Monday through Saturday.
[Added 10-9-18 by Ord. No. O.2018-020]
A. 
The Winslow Township Police Department shall prepare a list of addresses of those premises where the owner and/or occupant has notified the Police Department that peddling, soliciting, canvassing, hawking and door-to-door sales enterprising as set forth in this Chapter are not permitted on the premises (hereinafter referred to as the "Do Not Knock Registry"). Notification shall be by completion of a form available at the Police Department during normal business hours.
B. 
Any owner and/or occupant who has requested enlistment on the Do Not Knock Registry, pursuant to this Chapter herein, shall be able to obtain from the Police Department a sticker for display at his/her/its premises indicating enlistment on the Do Not Knock Registry.
C. 
Owners and/or occupants who are placed on the Do Not Knock Registry at their request, shall remain on the Do Not Knock Registry until such time as they advise the Police Department in writing that they wish to be removed from the list.
D. 
At the time of issuing every license pursuant to the provisions of this Chapter the Township Clerk shall refer the licensee to the Police Department and the Police Department shall distribute the current Do Not Knock Registry to the licensee. The Do Not Knock Registry provided to licensees shall only include the physical address of the enlisted premises. The licensee shall not peddle, solicit, canvas, hawk or conduct door-to-door sales at any premises identified on the then current Do Not Knock Registry.
E. 
Notwithstanding the right of revocation reserved to the Township Committee herein, and in addition to same, it shall be the duty of any police officer of the Township of Winslow to require any person peddling, soliciting, canvassing or hawking and who is not known by such officer to be duly licensed, to produce his or her peddler's license and/or badge and/or to otherwise enforce any of the provisions of this Chapter against any person found to be violating same.
[Added 9-27-16 by Ord. No. O-2016-020]
This chapter shall not be construed to require a license hereunder when a person makes a written or verbal solicitation for snow shoveling services so long as said services are offered within 24 hours of a snowstorm that has been predicted by a commonly recognized commercial or governmental weather reporting entity.
[Amended 9-27-16 by Ord. No. O-2016-020]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed two hundred dollars ($200.) or by imprisonment not to exceed one (1) year, or by both such fine and imprisonment.