Township of Cedar Grove, NJ Chapter 190 Peddling and Soliciting

[HISTORY: Adopted by the Township Council of the Township of Cedar Grove 9-4-1962, Ch. 7, Art. 2, of the former Revised Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Police Department — See Ch. 55.

Littering — See Ch 168.

Noise — See Ch. 176.

Public health nuisances — See Ch. 179.

Use of recreation areas — See Ch. 205.

Streets and sidewalks — See Ch. 230.

STATUTORY AUTHORITY

Regulation of hucksters — See N.J.S.A. 40:48-1(12).

Power to license — See N.J.S.A. 40:52-1c.

§ 190-1 Definitions.

[Amended 1-9-1978 by Ord. No. 77-64]

As used in this chapter, the following terms shall have the meanings indicated:

SOLICIT BUSINESS or SOLICITING BUSINESS or SOLICITING

The same as canvassing or canvassing business, peddling or peddling business and shall, when done by personal approach, include the following:

A. Seeking or endeavoring to sell any goods, wares, securities, merchandise or services whatsoever by sample, description or otherwise.

B. 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.

C. Advertising goods, wares, securities, merchandise or services for sale by passing or circulating handbills.

SOLICITOR'S LICENSE or CANVASSING LICENSE or PEDDLER'S LICENSE

Refers to the license issued under this chapter.

§ 190-2 Purpose.

[Amended 1-9-1978 by Ord. No. 77-64]

The purpose of this chapter is to license and regulate the business of soliciting, canvassing and peddling in the Township.

§ 190-3 Nonapplicability.

Except as otherwise provided in this section, nothing contained in this chapter 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 the purpose of sale of personal property at wholesale to retailers in such articles.

C. Delivery of newspapers, advertising circulars or goods in the regular course of business, or the collection of payments therefor.

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 registers with the Chief of Police before commencing solicitation.

F. Soliciting by persons lawfully exempt by state statute or federal law from the licensing 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 Township.

§ 190-4 License required.

No person shall solicit business in the Township without first having obtained a solicitor's license issued by the Township Clerk in accordance with the provisions of this chapter.

§ 190-5 Information and documents to be submitted with application.

A. Every applicant for a solicitor's license shall file with the Chief of Police a written application, signed and verified by him, on forms supplied by the Township.

B. The application shall state:

(1) The name, permanent home address, birth date, social security number, and telephone number of the applicant.

[Amended 8-12-2019 by Ord. No. 19-846]

(2) The places of the applicant's residence during and for each of the three years preceding the filing of the application.

(3) The name, address and telephone number of the manufacturer or dealer represented by the applicant.

(4) The names and addresses of the persons from whom the goods, wares, securities, merchandise or service to be offered by the applicant were or are to be purchased.

(5) Such other information as the Chief of Police may reasonably require.

C. The application shall be accompanied by the following documents and information:

(1) A letter from the manufacturer or dealer, referred to in Subsection B(3) above, authorizing the applicant to act as its representative.

(2) A description of the goods, wares, securities, merchandise or services to be offered for sale.

(3) Three business references.

(4) The number of arrests, if any, for disorderly conduct, violation of ordinances, misdemeanors or crimes; the nature of the offenses for which arrested; and the history of any such case to its final disposition.

(5) Two recent photographs of the applicant 1 1/2 inches by 1 1/2 inches.

(6) Driver's license or other state or federal government-issued identification.

[Amended 8-12-2019 by Ord. No. 19-846]

(7) A letter from the manufacturer or dealer represented by the applicant indicating whether or not it has performed a background check on the individual, and, if so, affirming that the individual successfully passed same, and stating that the manufacturer or dealer will assume responsibility for the actions of the applicant.

[Added 8-12-2019 by Ord. No. 19-846]

§ 190-6 Investigation and verification of application.

[Amended 9-10-2018 by Ord. No. 18-831]

Within 30 days of receiving the application for a solicitor's license, the Chief of Police shall complete an investigation and verify the information respecting the moral character and business responsibility of the applicant.

§ 190-7 Standards for approval or rejection of application.

A. If, after investigation, the Chief of Police concludes that the applicant's character and business responsibility are satisfactory, he shall signify his approval of the application on the reverse side thereof; otherwise he shall note his rejection thereon.

B. If, after an 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 therefor and return the said application to the Township Clerk. Any determination by the Chief of Police that an application shall be disapproved shall be based on one or more of the following findings with respect to the applicant or, in the case of solicitation of contributions, any of the organization's officers, managers or agents:

[Added 1-9-1978 by Ord. No. 77-64]

(1) Conviction of a crime involving moral turpitude.

(2) Prior violation of a peddling or soliciting ordinance.

(3) Previous fraudulent acts or conduct.

(4) Record of breaches of solicited contracts.[1]

[1] Editor's Note: Former Subsection B(5), regarding evidence of bad character, which immediately followed this subsection, was repealed 9-10-2018 by Ord. No. 18-831.

C. In the absence of any such finding, the Chief of Police shall find the application satisfactory and shall endorse his approval on the application and return the application to the Township Clerk.

[Added 1-9-1978 by Ord. No. 77-64]

§ 190-8 Issuance of license.

Following the written approval of the application by the Chief of Police and the payment of the fee prescribed by § 190-9 hereof, the Township Clerk shall issue a solicitor's license to and in the name of the applicant.

§ 190-9 Fees.

[Amended 2-1-1982 by Ord. No. 82-172; 11-7-1988 by Ord. No. 88-326; 9-10-2018 by Ord. No. 18-831]

The fees for all licenses required by the provisions of this chapter shall be $50 for up to a maximum of one year.

§ 190-10 Issuance of identification card; deposit.

A. At the time of the issuance of the license and upon posting the deposit required by Subsection B of this section, an identification card shall be issued to the licensee by the Chief of Police or, in his absence, by the officer in charge at police headquarters. The identification card shall bear a number corresponding with the number of the license and shall contain the name and photograph of the applicant, together with the words "Township of Cedar Grove Canvassing License."

B. Prior to the issuance of the identification card, the licensee shall post with the Chief of Police a cash deposit of $5, which deposit shall be returned to the licensee when the identification card is surrendered as required in § 190-16 hereof.

§ 190-11 Term and expiration date of license.

[Amended 10-15-1962]

All licenses and identification cards issued under this chapter shall expire on December 31 of the year of their issuance unless sooner surrendered or revoked.

§ 190-12 Licenses not transferable.

Licenses issued under this chapter shall not be transferable.

§ 190-13 Display of license and identification card.

Each licensee shall carry his license with him and shall produce it at the request of any resident of the Township from whom the licensee is soliciting business. Each licensee shall display his identification card at all times while actually engaged in canvassing or soliciting.

§ 190-14 Hours.

[Amended 1-9-1978 by Ord. No. 77-64; 9-10-2018 by Ord. No. 18-831; 8-12-2019 by Ord. No. 19-846]

Soliciting, peddling and canvassing shall be conducted only between the hours of 9:00 a.m. and 9:00 p.m.

§ 190-15 Standards of conduct.

[Amended 6-15-1970 by Ord. No. No. 70-6]

A. Licensees shall be courteous and shall conduct themselves in a lawful manner at all times. Canvassing shall be done at the front door unless directed otherwise by the homeowner.

B. No person or persons, whether licensed under the terms or provisions of this chapter or unlicensed, shall scatter, throw or deposit any newspapers, handbills, advertisements, circulars, pamphlets or other printed matter in and about the streets, sidewalks, parks and public places within the Township of Cedar Grove or upon the premises of any resident or property owner; but such newspapers, handbills, advertisements, circulars, pamphlets or other printed matter shall be handed in person to an occupant of such house or deposited in a receptacle placed on said property for such purposes or at any other location so designated by the homeowner or occupant.

§ 190-16 Surrender of license and identification card.

Upon expiration or revocation of the license, the licensee shall surrender the license and the identification card forthwith to the officer in charge at police headquarters, at which time the deposit on the identification card shall be returned to the licensee.

§ 190-17 Grounds for suspension or revocation of license.

A. Licenses issued under this chapter may be suspended or revoked by the Chief of Police upon any of the following grounds:

(1) Violation of the terms and conditions of the license.

(2) Making false statements or giving false information in the application or documents accompanying the application.

(3) Violation of any provision of this chapter.

(4) Violation of any federal or state statutes or of any of the Township ordinances.

B. Within 30 days of notice of suspension or revocation given to the licensee and upon his request, the licensee shall be granted a hearing before the Council, after which the Council shall determine whether to affirm or set aside the suspension or revocation action of the Chief of Police.

§ 190-18 Appeals.

[Added 1-9-1978 by Ord. No. 77-64]

Any person aggrieved by a decision of the Township Clerk and/or the Chief of Police may appeal such decision to the Township Council by notifying the Township Clerk of the intent to appeal within 10 days of the applicant's receipt of such adverse decision. The Township Council shall then schedule a hearing on such appeal within 30 days of receipt of the notice to appeal, at which time the applicant may present such evidence as he desires to establish his grounds for appeal. Said appeal shall be decided by a majority vote of the Council, and this decision shall be considered final.

§ 190-19 Violations and penalties.

[Added 10-15-1962; amended 12-17-1962]

A. Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

[Amended 7-30-1984 by Ord. No. 84-222; 10-23-2006 by Ord. No. 06-656]

B. In addition to the penalty provided in Subsection A of this section, licenses under this chapter may be suspended or revoked as provided in § 190-17.

§ 190-20 "Do not knock" list established.

[Added 8-12-2019 by Ord. No. 19-846]

A "do not knock" list is hereby established and is to be maintained by the Township Clerk listing properties for which the owners, tenants, or residents do not wish to have solicitors visit the property for the purpose of soliciting. Any person who owns or rents property within the Township may register for their property to be included on the "do not knock" list by registering with the Township Clerk's office. Registration shall be accomplished in person at the Township Clerk's office in writing by providing proof of ownership, tenancy, or residency and a notarized letter from the property owner, tenant, or resident of the property indicating the person's relationship to the property and that the person wishes for the property to be included on the "do not knock" list.

§ 190-21 Maintenance of "do not knock" list.

[Added 8-12-2019 by Ord. No. 19-846]

A. The "do not knock" list shall be maintained by the Township Clerk and consist solely of property addresses with no further identifying information concerning ownership of the property.

B. The Tax Assessor shall notify the Township Clerk of any change in ownership of property within the Township on a quarterly basis (four times per year). The Township Clerk shall remove from the "do not knock" list any property which has changed ownership.

C. Other than by sale of property, a property, once listed, may only be removed from the registry by submitting a written, sworn, and notarized request to the Township Clerk.

§ 190-22 Copies of "do not knock" list; notarized letters kept on file.

[Added 8-12-2019 by Ord. No. 19-846]

A. The Township Clerk, or his or her designee, shall provide an up-to-date copy of the "do not knock" list to every applicant to whom a license is issued pursuant to this chapter.

B. Copies of all notarized letters registering a property for the "do not knock" list and the accompanying proof of ownership, tenancy, or residency shall be kept on file by the Township Clerk.

§ 190-23 Solicitation prohibited at residences on "do not knock" list.

[Added 8-12-2019 by Ord. No. 19-846]

It is prohibited for any person to conduct any commercial solicitation at any property listed on the "do not knock" registry. Any person who violates this section shall be subject to the penalties listed in § 190-19.