[HISTORY: Adopted by the Township Committee
of the Township of Hainesport 5-14-1996 by Ord. No. 1996-7-4. Amendments noted
where applicable.]
This chapter is adopted to regulate the distribution
of certain materials, peddling, soliciting and related activities
within the Township of Hainesport. The registration and licensing
of persons engaged in the above-mentioned activities is required so
that the identity of persons going door to door or from place to place
by traveling on the streets or distributing materials or selling goods
and merchandise within the Township may be established, so that general
regulations may be more effectively enforced for the protection and
maintenance of the health, safety and welfare of the inhabitants of
the Township and to prevent dishonest business practices and dishonest
solicitation of funds within the Township.
As used in this chapter, the following terms
shall have the meanings indicated:
All goods, wares, food, meat, fish, ice cream, fruits, vegetables,
magazines, periodicals, printed material, farm products, services
and orders or contracts for services, home improvements or alterations
and anything that may be sold or distributed by peddlers or distributors.
[Amended 12-8-2020 by Ord. No. 2020-8]
Any person commonly referred to as either a "transient merchant,"
"itinerant vendor," "route salesman," "peddler," "hawker" or other
such person who goes from place to place by traveling on the streets
or from house to house, whether traveling by foot, automotive vehicle
or any other type of conveyance and who carries with him foodstuffs,
goods, wares and merchandise for the purpose of selling or delivering
them to consumers or who, without carrying merchandise, sells or proposes
to sell services of any kind, including but not limited to painting,
landscaping, magazine subscriptions and photography.
Any individual, firm, partnership, corporation, organization,
club, association or any principal or agent thereof.
Any person, whether a resident of the Township or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
soliciting, taking or attempting to take orders for the sale of merchandise
or services of any kind for future performance or delivery, whether
or not such individual has, carries or exposes for sale a sample of
the merchandise or services and whether or not he or she is collecting
advance payments on such sales or orders, or who engages in any of
the foregoing activities from a stationary location on any street
or other public place. The word "solicitor" shall also include "canvasser."
Any person engaging in the activities commonly referred to
as "transient merchant" or "itinerant vendor" who merchandises or
sells with the intent to close out or discontinue such business within
a period of one year of the date of commencement and occupies a room,
building, tent, lot or other premises for the purpose of selling merchandise.
[Amended 8-25-1998 by Ord. No. 1998-10-7]
It shall be unlawful for any peddler, solicitor,
distributor or transient merchant to sell, buy or dispose of or offer
to sell or dispose of any goods, wares, merchandise or services to
be rendered in the future or to take any orders for any goods, wares,
merchandise or services to be rendered in the future within the Township
of Hainesport without first obtaining a license therefor. The provisions
of this chapter shall apply to all activities conducted or intended
to be conducted within the right-of-way of any roads or streets under
the jurisdiction of the Township of Hainesport or the County of Burlington,
State of New Jersey.
Every applicant for a license under this chapter
shall file with the Township Clerk a sworn written application on
a form to be furnished by the Township of Hainesport which shall give
or be accompanied by the following information:
A.
Name, permanent home address, date of birth and social
security number of the applicant.
B.
Local address of the applicant if different from home
address.
C.
A statement of the nature of the business and a description
of the merchandise or service to be sold or of the type of solicitation
to be done.
D.
If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
E.
The length of time for which the license is desired.
F.
If a vehicle is to be used, a description of such
vehicle, its license number and the name and address of the owner,
together with a copy of the vehicle registration and insurance identification
card.
G.
The place where the merchandise or services to be
sold or offered for sale are manufactured or produced, where such
goods or property are located at the time such application is filed
and the proposed method of delivery.
H.
A photograph of the applicant taken within 60 days
immediately prior to the date of the application. The photograph shall
clearly show the head and shoulders of the applicant and shall measure
two inches by two inches.
I.
A statement as to whether the applicant has been convicted
of any crime or violation of any Hainesport Township municipal ordinance,
the nature and date of the offense and the punishment or penalty assessed
therefor.
A.
When the application is properly filled out and signed
by the applicant, the original and duplicate thereof shall be forwarded
to the Township official designated by Township resolution to conduct
the investigation of the applicant. The Township official shall make
or cause to be made within 15 days such investigation of the applicant's
business responsibility and character as is deemed necessary for protection
of the public.
B.
If as a result of such investigation the applicant's
character or business responsibility is found to be unsatisfactory,
the designated Township official shall endorse on such application
his disapproval and reasons therefor. In the absence of any such reason
for disapproval, the designated Township official shall find the application
satisfactory and shall endorse his approval on the application.
A.
If an application is found unsatisfactory to the designated
Township official and he endorses his disapproval upon the application,
the Township Clerk shall notify the applicant by mail that the application
is disapproved and the applicant shall be denied any license.
B.
In the case of disapproval of a license the applicant
may appeal to the Township Committee within 10 days of notice of disapproval,
whereupon opportunity will be granted within 30 days for a hearing
of reasons for and against the issuance of a license. The decision
of the Township Committee shall be final.
A separate license must be obtained by a licensed
peddler or itinerant vendor for every agent or employee working for
him unless such agent or employee is selling goods from the same wagon
or vehicle that the licensed vendor or peddler is selling from; however,
no more than two employees shall sell from the same wagon or vehicle
without a separate license.
A.
Every person holding a license under this chapter
shall be required to carry the license with him or her. Said person
must produce the license at the request of any official or resident
within the Township of Hainesport.
B.
Licenses shall expire on December 31 of the year in
which they are issued.
A license may be revoked by the Township Committee
by reason of a violation of the terms of the license, a violation
of any municipal ordinance or state or federal statute or falsification
in applying for a license. The licensed person shall be granted a
hearing within 30 days by the Township Committee upon his request.
No fees shall be returned for any unexpired period of a license whether
revoked or otherwise. Upon revocation, the license shall be surrendered
to the Township Clerk.
No person or license holder shall:
A.
Peddle, solicit or distribute merchandise except between
the hours of 10:00 a.m. and 8:30 p.m. prevailing time, unless specifically
having been invited to a dwelling by the occupant or having made an
appointment with a person previously.
B.
Attempt to peddle, solicit or distribute merchandise
or printed material without first having identified himself as a peddler,
solicitor or distributor licensed within the Township and displaying
his certificate.
C.
Have a right to any single location in the public
streets, sidewalks or rights-of-way or operate in any congested area
in such a manner as to impede the flow of traffic or pedestrians or
create a breach of the peace.
D.
Enter or attempt to enter the land of any resident
in the Township where such resident has posted a notice prohibiting
such entry.
E.
Refuse to leave any private dwelling or property after
having been once requested to do so by the owner or occupant thereof.
F.
Use any sound-making or sound-amplifying device upon
any streets, parks or public places of the Township without first
indicating the intention to use the same on the application form.
G.
Distribute obscene merchandise or printed material
or that which advocates unlawful conduct.
H.
Litter the streets, public places or public or private
properties within the Township with any merchandise or printed material.
[Amended 12-9-2014 by Ord. No. 2014-9-11]
All applicants required to obtain a license
under the provisions of this chapter shall pay a nonrefundable application
fee of $50 per calendar year, which is determined to be the reasonable
cost of investigation and processing of the application.
The following persons are exempt from the payment
of a fee upon compliance with all other provisions of this chapter
and submission of applicable identification and documents to support
their claim to exemption:
A.
Any charitable organization or society which is recognized
as tax exempt under the United States Internal Revenue Code[1] that shall solicit funds or conduct sales of personal
property where the proceeds thereof shall be applied to the payment
of the expenses thereof and to the charitable object for which the
society exists.
[1]
Editor's Note: See 26 U.S.C. § 1 et seq.
B.
Any person who sells fruits, vegetables and farm products
grown by himself, with or without the aid of others.
C.
Any person honorably discharged from the military
service of the United States possessing a peddler's license issued
in conformity with N.J.S.A. 45:24-10.
D.
Any person who conducts a sale pursuant to a statute
or court order.
E.
Any person who is an exempt member of a volunteer
fire department as defined by N.J.S.A. 45:24-9, possessing a license
in conformity with said law.
F.
Any school, political or civic organization, benevolent
society, service club or organization not for profit which is located
in the Township or has a majority of its membership from the Township.
[Amended 5-23-2006 by Ord. No. 2006-5-4; 12-8-2020 by Ord. No. 2020-8]
Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a penalty as specified in § 1-1 of the Township Code.
All ordinances or parts of ordinances inconsistent with this chapter are hereby repealed to the extent of such inconsistency. This chapter shall supersede and replace Ordinance No. 1978-8 and all subsequent amendments as codified in Chapter 127 of the Code of the Township of Hainesport.
