[Adopted 6-7-1982 by Ord.
No. 11-1982 as Art. II Ch. 158 of the 1982 Code]
As used in this article, the following terms shall have the meanings
indicated:
When done by personal approach, shall include the following:
Seeking or endeavoring to sell any goods, wares, securities, merchandise
or services whatsoever by sample, description or otherwise.
Taking orders for such goods, wares, securities, merchandise or services
for either present or future delivery with or without a payment in whole or
in part.
Advertising goods, wares, securities, merchandise or services for sale
by passing or circulating handbills.
The permit issued under this article.
Except as otherwise provided in this section, nothing contained in this
article shall be construed to apply to any of the following acts:
A.
Soliciting done by the legal owner, lessee or agent of
same upon the property owned or leased by the solicitor.
B.
Soliciting done for purpose of sale of personal property
at wholesale to retailers in such articles.
D.
The services of public utilities and their duly authorized
agents or representatives, provided that such exemption for public utilities
shall not apply to the selling of other than public utility services.
E.
Soliciting by any religious or charitable organization, provided that any such organization register with the Chief of Police by providing the items specified at § 195-19B(1) through (5) before commencing solicitation.
F.
Soliciting by persons lawfully exempt by state statute
or federal law from the permit requirements set forth herein or by persons
lawfully entitled to conduct a business wherein a license or certificate has
been granted by any department, board, commission or agency of the State of
New Jersey or of the city.
No person shall solicit business or canvass business in the city without
first having obtained a solicitor's permit in accordance with the provisions
of this article.
[Amended 10-7-1991 by Ord.
No. 15-1991]
A.
Applicants for permits required by this article shall
file with the City Clerk a sworn application in writing, in duplicate, on
a form to be provided by the City Clerk.
B.
The application shall supply the following information
and items:
(1)
Name, sex, height, weight and birth date of the applicant.
(2)
Permanent home address and temporary local address of
the applicant.
(3)
Brief description of the nature of the business and of
the goods to be sold or services to be performed.
(4)
Name and address of the applicant's employer, if he is
employed, together with the credentials establishing the exact relationship
between them.
(5)
Length of time for which the right to do business is
desired.
(6)
Place where the goods proposed to be sold or orders taken
for the sale thereof are manufactured or produced, the place where such goods
or products are located at the time said application is filed and the proposed
method of delivery.
(7)
Photograph of the applicant taken within 60 days immediately
prior to the date of filing of the application. The photograph shall be two
inches by two inches and shall show the head and shoulders of the applicant
in a clear and distinctive manner.
(8)
Statement as to whether or not the applicant has been
convicted of any crime or violation of any municipal ordinance, the nature
of the offense and the punishment or penalty assessed therefor.
At the time of filing the application prescribed by § 195-19, a fee of $5 shall be paid to the City Clerk to cover the cost of investigation of the facts stated in the application.
A.
Upon receipt of the application prescribed by § 195-19, the original thereof shall be referred by the Clerk to the Chief of Police, 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.
B.
If as a result of such investigation the applicant's
character or business responsibility is found to be unsatisfactory due to
fraud, misrepresentation or false statements in the application or in the
course of carrying on business as a solicitor or canvasser or for conviction
of a felony involving moral turpitude within five years of the date of receipt
of the application, the Chief of Police shall endorse on such application
his disapproval and his reasons for the same and return the application to
the City Clerk, who shall notify the applicant that his application is disapproved
and that no permit will be issued.
[Amended 10-7-1991 by Ord.
No. 15-1991]
A.
If, as a result of the investigation required by § 195-21A, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse his approval on the application and shall complete the permit form stating:
B.
The Chief of Police shall attach the photograph of the
applicant to the permit, sign and seal the permit and return the same, together
with the application, to the City Clerk.
C.
The Clerk shall file the application and deliver the
permit to the applicant.
The Clerk shall make and maintain a permanent record of every permit
approved by the Chief of Police.
Each permit issued under the provisions of this article shall expire
on December 31 of the year in which issued unless granted a shorter time,
in which event it shall expire on the date specified in the permit.
All persons obtaining permits as solicitors and canvassers shall exhibit
their permits when so requested by any citizen or police officer.
Permits issued under the provisions of this article shall not be transferable.
A.
Permits issued under the provisions of this article may
be revoked, after hearing, by the Mayor for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for the permit.
(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 article.
(4)
Conviction of any crime 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.
Written notice of the hearing shall be given to the person
receiving the permit, mailed to him by registered or certified mail to his
last known address or to the address stated in his application, specifying
the provisions of this article or of the ordinance or statute which the permittee
is alleged to have violated. The Mayor, in his discretion, may suspend the
operation of the permit pending the hearing.
[Amended 2-17-1999 by Ord.
No. 6-1999; 4-17-2000 by Ord.
No. 7-2000]
Any person violating any of the provisions of this chapter shall, upon
conviction in the Municipal Court of the City of Pleasantville, be punished
for each offense by a fine of not less than $100 nor more than $1,000, imprisonment
for a term not exceeding 90 days and/or a period of community service not
exceeding 90 days. Any person pleading guilty may pay a fine of $100 to the
Municipal Court of the City of Pleasantville.
