[HISTORY: Adopted by the Mayor and Council of the Town of Clinton 12-14-1971 as Section 7-1 of Ch. VII of the Revised General Ordinances, 1971. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Includes all goods, wares, food, fruit, vegetables, farm products, magazines and periodicals, and all kinds of articles of personal property for domestic use and orders or contracts for services, home improvements or alterations.
- Any person who goes from place to place by traveling on the streets and roads or from house to house, carrying, conveying or transporting goods, wares or merchandise for the purpose of selling and delivering them to customers. The word "peddler" shall include the words "hawker" and "huckster."
- Any person who goes from place to place by traveling on the streets and roads or from house to house, taking or attempting to take orders for the sale of goods, wares and merchandise or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the object to be sold and whether or not he is collecting advance payments on such sales. The word "solicitor" shall include the word "canvasser," provided that this definition shall not include wholesale salesmen calling on retail merchants.
[Amended 9-8-2009 by Ord. No. 09-13]
The purpose of this chapter shall be to prevent fraud, crime and unethical and dishonest business practices and to provide for traffic and pedestrian safety by regulating the use of the streets and property adjacent thereto by peddlers and solicitors. The fees charged for the issuance of licenses shall not be considered revenue, but shall be charged for the purpose of covering the expense of investigation and regulating the conduct of licensees.
Except as otherwise provided in this chapter, it shall be unlawful for any solicitor, hawker or peddler to sell or dispose of, or to offer to sell or dispose of, any goods, wares or merchandise, or to solicit orders for the performance of any service, within the corporate limits of the Town, without first obtaining a license in compliance with the provisions of this chapter. The license shall not be transferable from the person to whom issued to any other person. A separate license shall be obtained by a licensed solicitor, hawker or peddler for every agent or employee working for him.
[Amended 11-25-1997 by Ord. No. 97-11]
The licensing requirements of this chapter shall not apply to the categories of persons listed in Subsections A and B below. Persons who fit into the categories described in Subsections C, D, E and F below shall present satisfactory evidence thereof and proof that they possess a current New Jersey sales tax certificate to the Town Clerk, who shall then issue a license in accordance with § 107-7C without charging a fee.
Any public utility or its employees subject to regulation by the State Board of Public Utility Commissioners, provided that such employees shall display identification badges or cards issued by their employer.
Any person engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business to the premises of persons who had previously ordered the same or were entitled to receive the same by reason of a prior agreement.
Any charitable or religious society that conducts sales of personal property when the proceeds are applied to the payment of expenses and to the charitable or religious object for which the society exists.
Any person honorably discharged from the military services of the United States possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and 45:24-10.
Any person who is an exempt fireman of a volunteer fire department as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing a license in conformity with the law.
Any person selling fruits and farm products grown by himself, with or without the help of others.
Every applicant for a license under this chapter shall file with the Town Clerk a sworn written application, in duplicate, on a form to be furnished by the Clerk, which shall give the following information:
Name and description of the applicant.
Permanent home address and full local address of the applicant.
A brief statement of the nature of the business and a description of the merchandise or service to be sold.
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
The length of time for which the license is desired.
If a vehicle is to be used, a description of the vehicle and its license number.
The place where the goods or property to be sold or offered for sale are manufactured or produced, where the goods or property are located at the time such application is filed and the proposed method of delivery.
A photograph of the applicant taken within 60 days immediately prior to the date of application, which photograph clearly shows the head and shoulders of the applicant and measures two by two inches by two inches.
The fingerprints of the applicant.
Two business references located in the County of Hunterdon, State of New Jersey, or in lieu thereof, such other available evidence of the character and business responsibility of the applicant as will enable an investigator to properly evaluate his character and responsibility.
A statement as to whether 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.
[Amended 3-26-1985 by Ord. No. 85-4]
At the time the application is filed, a fee shall be paid to the Town Clerk to cover the cost of processing the application and investigating the facts stated therein. The fee for such application shall be as provided in Chapter 73, Fees.
When the application is properly filled out and signed by the applicant, the original and duplicate shall be filed with the Town Clerk. The Clerk shall refer the original to the Chief of Police, who shall make or cause to be made such investigation of the applicant's business responsibility and moral character as he deems necessary for protection of the public good.
Grounds for refusal of license.
If as a result of the investigation of the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on the application his disapproval and the reasons therefor and return the application to the Town Clerk, who shall notify the applicant that the application is disapproved and that no license shall be issued. Any determination by the Chief of Police that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
In the absence of any such finding, the Chief of Police shall find the application satisfactory.
If as a result of the 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 license addressed to the applicant to conduct the business applied for and return the license with the application to the Town Clerk, who shall issue the license to the applicant. The license shall contain the signature of the issuing officer and show the name, address and photograph of the licensee, the class of license issued, the kind of goods or services to be sold, the date of issuance, the length of time the license shall be operative and the license number and other identifying description of any vehicle used in the peddling or soliciting activity licensed.
The Town Clerk shall issue to each licensee at the time of delivery of his license a badge which shall show the nature of the license, the period for which the license is issued and the number of the license in letters and figures easily discernible from a distance of 10 feet. During the time the licensee is engaged in peddling or soliciting, the badge shall be worn constantly by him on the front of his outer garment in such a way as to be visible to a person facing him.
All licensees using automobiles or other vehicles in connection with their business shall have affixed thereon a metal plate supplied by the Town Clerk. The plate shall bear the words "Licensed Peddler," "Licensed Hawker," "Licensed Solicitor" or "Licensed Canvasser," together with a number and the year for which it is issued.
[Amended 9-8-2009 by Ord. No. 09-13]
Every holder of a peddler’s or solicitor’s license issued by the Town Clerk under the authority of this chapter or by the clerk of the county under the authority of N.J.S.A. 45:24-9 shall be required to carry the license with him while engaged within the Town in the business or activity licensed. He shall produce the license at the request of any official resident of the Town with whom he wishes to conduct his business or activity. Every licensee, as well as every person referred to in § 107-4A, shall restrict his selling or soliciting activity within the Town to the hours between 8:00 a.m. and 8:00 p.m. and on each day of such activity shall notify the police officer on duty immediately before commencing his selling or soliciting activity and immediately after completing it. Notification shall include a statement as to the general area of the Town in which the licensee, as well as every person referred to in § 107-4A, intends to conduct or has conducted the activity.
For special events conducted in the Town by private parties, in addition to any licenses required, any peddler or solicitor who seeks to sell any merchandise at such an event shall obtain written permission from the organization sponsoring the event and shall present a true copy of same to the Clerk and Chief of Police 48 hours in advance of the event. In addition, a copy of the written permission from the sponsor of the event shall be on the person of each peddler or solicitor at the time any merchandise is offered for sale.
[Amended 11-25-1997 by Ord. No. 97-11; 9-8-2009 by Ord. No. 09-13]
It shall be unlawful for a peddler or solicitor to:
Call attention to his business or to his merchandise by crying out, blowing a horn, ringing a bell, other than the doorbell to a building, or any other loud our unusual noise.
Conduct or attempt to conduct his or her business at any residence or on any property on which is posted a sign expressly prohibiting the activity.
Station, place, set up or maintain a cart, wagon, motor vehicle or other vehicle, or allow it to remain on any sidewalk in a way that would:
Restrict, obstruct, interfere with or impede the pedestrians' right-of-way;
Restrict, obstruct, interfere with or impede the ingress or egress from the abutting property;
Create or become a nuisance;
Increase traffic congestion, cause or increase traffic delay or hazard;
Cause or create or constitute a danger to life, health or property.
Peddle using a cart whose dimensions exceed two feet in width, four feet in length and four feet in height, including wheel height, while conducting business on any sidewalk.
Use, set up, attach, place or permit the use of any table, crate, carton, rack, device or structure of any kind to increase the selling or display capacity of the peddler's cart.
Engage in the business of peddling within 10 feet of any location where the curb has been depressed to facilitate pedestrian or vehicular movement.
Engage in the business of peddling on any sidewalk or along any street within 15 feet of any fire hydrant, crosswalk or driveway.
Station, place, set up or maintain a peddler's cart of goods against display windows of fixed-location businesses, nor shall it be within 20 feet from an entranceway to any building, store, theater, library, school, museum, movie house, sports arena or other place of public assembly.
Engage in the business of peddling on any sidewalk or along any street within 10 feet from intersecting streets or sidewalks.
Engage in the business of peddling within 30 feet of any location where another peddler is engaged in the business of peddling.
Engage in the business of selling at any location without giving a written receipt to each customer for any sale in excess of $20. The receipt shall show clearly the seller's name, business address, license number, a description of the merchandise sold and the purchase price and shall be sequentially numbered.
Engage in the business of peddling on any sidewalk or along any street within 60 feet of a bus stop. For purposes of this section, the words "bus stop" shall include the sidewalk and the adjoining street where there is a designated bus stop.
Sell food, drinks, ice cream, confections or other items for immediate consumption unless the peddler has available for public use a litter receptacle which shall be clearly marked and maintained for his customers' use; nor shall any peddler leave any location without first picking up, removing and disposing of any trash or refuse remaining from the sales made by him; nor shall any person sell food, drinks, ice cream, confections or other food items for consumption without having first received any permit or license required by the Town or the Board of Health for food handling.
Leave any cart unattended at any time or place or leave the same overnight on any sidewalk.
It shall be the duty of any police officer of the Town to enforce the provisions of this chapter and to require any person seen peddling or soliciting who is not known by the officer to be duly licensed, to produce his peddler's or solicitor's license.
The Town Clerk shall maintain a record of all licenses issued under the provisions of this chapter and record therein all convictions for violations and other pertinent circumstances and incidents reported by the Chief of Police.
Licenses issued under the provisions of this chapter may be revoked by the Town Council, after notice and hearing, for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement by the licensee in the course of conducting the business licensed.
Any violation of this chapter.
Conviction of any crime involving moral turpitude.
Conducting the business licensed in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
Notice of hearing for revocation of a license shall be given in writing. The notice shall set forth the specific grounds of complaint and the time and place of hearing and shall be sent by registered mail to the licensee at his last known address at least five days prior to the date set for hearing.
Any person aggrieved by the action of the Chief of Police or of the Town Clerk in the denial of a license shall have the right of appeal to the Town Council. The appeal shall be taken by filing with the Town Council, within 14 days after the notice of the action complained of has been mailed to the person's last known address, a written statement setting forth fully the grounds for the appeal. The Town Council shall set a time and place for hearing of the appeal, and notice of the hearing shall be given to the applicant in the same manner as provided in § 107-12 for notice of hearing on revocation. The decision of the Town Council shall be final.
All licenses issued under the provisions of this chapter shall expire on December 31 of the calendar year in which they are issued. Any license may be renewed without payment of an additional registration fee upon submission by the licensee of a new application in conformity with the requirements of § 107-5 or, in lieu thereof, a sworn statement in writing setting forth all changes in the information contained in the application for the expired license which are necessary to bring the application completely up to date. A new application or statement in lieu thereof shall be subject to the provisions and standards set forth in § 107-5.