[HISTORY: Adopted by the Mayor and Borough Council of the Borough
of Gibbsboro as Section 7-1 of the Revised General Ordinances (Ch. 132 of
the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 265.
As used in this chapter, the following terms shall have the meanings
indicated:
A person who goes from house to house on public thoroughfares or
in public places disposing of circulars, posters, pamphlets and the other
forms of advertising matter.
A person commonly referred to either as a "peddler" or a "hawker,"
who goes from place to place by traveling on the streets or from house to
house and carries with him goods, wares and merchandise for the purpose of
selling and delivering to consumers.
Any person who goes from house to house selling or buying goods,
wares or merchandise by sample or taking orders for future delivery or selling
a service to be rendered in the future, with or without accepting advance
payment for the goods, wares, merchandise or service, and regardless of whether
the solicitation is made by mail, telephone or personal contact. The provisions
of this chapter shall apply to the person who comes in personal contact with
the buyer through the delivery of goods or the acceptance of any money payment.
A "canvasser" or "solicitor" shall also mean anyone who makes surveys, research
analysis, opinion polls, rating data or similar work which, by its nature,
involves a door-to-door activity.
This chapter is not designed to prevent or restrain trade, but is enacted
for the purpose of protecting the general public and residents of the Borough
from unethical, illegal and detrimental acts contrary to the general welfare
of the residents.
No person shall canvass, solicit or distribute circulars or other matter
or call from house to house in the Borough without first having obtained a
written license from the Borough Clerk or Chief of Police.
A.
Applicants for a license shall file with the Chief of
Police a sworn application in writing, along with samples of all printed matter,
sales contracts, purchase agreements and all other related printed matter
to be used in the course of the activity for which a license is requested.
The application shall include the following:
(1)
Name and physical description of the applicant.
(2)
Complete residence and business address of the applicant.
(3)
A description of the nature of the business and the goods,
services or wares 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 and the days of the week and the hours of the day within which
the business will be conducted.
(6)
The source of supply of the goods, property or service
proposed to be sold, where the goods, services or products are located and
the method of delivery.
(7)
Three recent photographs of the applicant which shall
be approximately two by two inches, showing the head and shoulders of the
applicant in a clear and distinguishable manner.
(8)
Appropriate evidence as to good character and business
responsibility, such as will enable an investigator to properly evaluate his
character and business responsibility.
(9)
A statement as to whether or not the applicant has been
convicted or is awaiting trial for any crime or misdemeanor or violation of
any Borough ordinance or state statute other than a traffic violation, the
nature of the offense and, if convicted, the penalty imposed.
B.
The applicant shall be fingerprinted by the Chief of
Police or other duly qualified person for the purpose of identification.
C.
No license shall be issued until the application has
been approved by the Police Department, allowing adequate time for investigation
of the facts set forth in the application.
D.
Application for partners shall be signed by all partners,
with the information required in this section supplied for each partner. Applications
of corporations shall provide the information required in this section for
each employee, agent or servant who will engage in any activity licensed by
this chapter and shall be signed by each.
A.
Each application shall be referred to the Chief of Police
or a duly appointed officer in charge of the Police Department, who shall
immediately institute an investigation of the applicant's business and moral
character to the extent deemed necessary for the protection of the public.
He shall endorse the application as prescribed in this chapter within a reasonable
time after it has been filed by the applicant.
[Amended 5-18-1982 by Ord. No. 82-2]
B.
If, in the opinion of the investigating officer, as a
result of the investigation the applicant's character or business responsibility
is found to be unsatisfactory or the product or services are not clearly free
from fraud or misrepresentation, the investigating officer shall endorse on
the application his disapproval and his reason for the same. He shall notify
the applicant that the application has been disapproved and that no license
will be issued. In the event of a denial, the applicant may file a notice
or letter of appeal with the Borough Clerk within 10 days. The Council shall
then hear and decide the appeal within a reasonable time.
[Amended 6-23-1993 by Ord. No. 93-18]
There shall be an application fee of $50. There shall be a license fee
of $10 per month, or any part of a month, or $100 per year.
Every person to whom a license is issued under the terms of this chapter
shall be governed by the following rules and regulations:
A.
Circulars, samples or other matter shall be handed to
an occupant of the property or left in a secure place on the premises so that
they will not be scattered or littered about the premises by elements of nature.
B.
No persons subject to the provisions of this chapter
shall canvass, solicit or distribute circulars or engage in the activity of
calling from house to house except during the daylight hours and not before
8:00 a.m. or after 8:00 p.m.
C.
No licensee shall canvass or solicit orders from pedestrians
or vehicular traffic other than when his vehicle is properly parked immediately
adjacent to the curb of a public street in a permitted parking area. The licensee
shall not double-park when dealing with any of his trade, and under no circumstances
shall the licensee transact any business other than on the curbside of his
vehicle.
D.
All licensees and their respective vehicles shall at
all times comply with all terms and conditions of this chapter and all other
applicable Borough ordinances and all applicable state statutes, laws and
regulations pertaining thereto, including those that deal with health, safety
and general welfare.
E.
No licensee shall shout, cry out, blow a horn, ring a
bell or use any sound-making or -amplifying device upon any street, sidewalk
or other public place for the purpose of attracting attention to any goods,
wares, merchandise or service which he proposes to furnish.
F.
No person shall conduct himself in such a manner as to
be objectionable to or annoy the occupant of any house. Furthermore, no person
shall attempt to enter the house of any resident in the Borough without an
expressed invitation from the occupant to do so. All licensees, upon request
of the occupant, shall leave the premises in a quiet and orderly manner. Failure
to comply shall warrant immediate suspension of license privileges, in addition
to such other action as may be appropriate.
No licensee shall have the exclusive right to any location on any public
street, nor shall be be permitted a stationary location or operate in a congested
area where the operation might impede or inconvenience the public use of streets,
public grounds, parks and playgrounds. The judgment of a police officer exercised
in good faith shall be deemed conclusive as to whether the area is congested
and the public impeded or inconvenienced.
Upon issuance of the license, the applicant shall be furnished with
a badge suitable for display upon his person which shall bear the license
number and expiration date of the license. Licensees operating within a vehicle
shall display a valid license in a conspicuous manner so that it is readily
identifiable by all persons doing business with the licensees. A fee of $1
shall be charged for the badge, which shall be refunded when the licensee
returns the badge to the Chief of Police.
[Amended 5-18-1982 by Ord. No. 82-2]
The Chief of Police or officer in charge of the Police Department shall
maintain a record for each license issued and record any violations reported.
A.
Suspension.
(1)
A license may be suspended for not more than 14 days
by the Borough Council upon probable cause being shown that the license should
be revoked.
(2)
A license may be suspended for a period not exceeding
seven days by the Chief of Police or duly appointed officer in charge of the
Police Department upon probable cause being shown that the license should
be revoked.
[Amended 5-18-1982 by Ord. No. 82-2]
B.
Revocation. Licenses issued under this chapter may be
revoked by the Borough Council after notice and hearing for any of the following:
(1)
Fraud, misrepresentation or falsity of a material statement
contained in the application upon which the license was issued.
(2)
Fraud or misrepresentation of a material statement made
in the course of carrying on the business as solicitor, canvasser or peddler.
(3)
Any violation of this chapter.
(4)
Any conviction of a crime or misdemeanor.
(5)
Conducting the business of soliciting, canvassing or
peddling in an unlawful manner or in such a manner as to constitute a menace
to the health, safety and general welfare of the public.
C.
Notice of the hearing for revocation shall be given by
the Borough Clerk in writing, setting forth the grounds of the complaint and
the time and place of the hearing, and shall be mailed to the licensee at
his last known address at least five days before the hearing or may be served
in person upon the licensee or his agent at least three days before the hearing.
All licenses issued under this chapter shall expire at 12:00 midnight,
December 31, in the year issued. Other licenses shall expire at 12:00 midnight
on the dates specified in the licenses. No license shall be transferable.
A.
This chapter shall not apply to employees of a public
utility which is subject to the regulations of the Board of Public Utility
Commissioners of the State of New Jersey; provided, however, that such employee
shall display the badge or identification card issued by his employer; nor
shall the same apply to bona fide members of a church, social, veterans, civic,
fraternal, volunteer fire company, first aid squad, political or philanthropic
organization located within the Borough or one endorsed by the Council, provided
that the organization is not defined as subversive by a United States government
agency.
B.
This chapter shall not affect persons engaged in the
delivery of goods, wares or merchandise from houses of business to the premises
of persons ordering or entitled to receive the same. In addition, it shall
not include the selling of any article at wholesale to dealers or the delivery
of milk, eggs, bread, laundry, newspapers or any other necessary and perishable
articles of food or merchandise of a type commonly delivered on a house-to-house
basis at intervals of less than one week.
