[HISTORY: Adopted by the Mayor and Council of the Borough of Glen
Gardner 12-20-1988 by Ord. No. 88-10.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes all goods; wares; foods, including but not limited to ice
cream, hot dogs, sandwiches, fruits, vegetables and farm products; magazines;
periodicals; encyclopedias, and all kinds of articles of personal property
for domestic use and orders or contracts for service, home improvements or
alterations shall be considered "merchandise" within the terms of this chapter.
The Borough of Glen Gardner, Hunterdon County.
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 individual, firm, partnership, corporation, organization, club,
association or any principal or agent thereof.
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 or she is collecting advance payments
of such sales. The word "solicitor" shall include the word "canvasser," provided
that this definition shall not include wholesale salesmen calling on retail
merchants.
The purpose of this chapter is to prevent fraud, crime and unethical
and dishonest business practices. 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.
License to sell. 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 municipality, 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 application shall be
submitted and a separate license obtained by a licensed solicitor, hawker
or peddler for every agent or employee working for him or her.
The requirements of this chapter shall not apply to the following:
A.Â
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.
B.Â
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.
C.Â
Any bona fide charitable or religious society recognized
under IRS regulations and located in the municipality 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.
D.Â
Any candidate for public office or person campaigning
on behalf of such a candidate, where such candidate is seeking election to
an office to be voted upon by the residents of the municipality who are duly
registered to vote in elections in accordance with the laws of the State of
New Jersey.
E.Â
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. 45:24-9 and N.J.S.A. 45:24-10.
F.Â
Any person who is an exempt fire fighter of a volunteer
fire department, as defined by N.J.S.A. 45:24-9 and N.J.S.A. 45:24-10, possessing
a license in conformity with the law.
G.Â
Any person selling fruits and farm products grown by
him or her on property located within the municipality.
Every applicant for a license under this chapter shall file with the
Municipal Clerk, at least one full working day prior to the effective date
of the requested license, a sworn written application, in duplicate, on the
form to be furnished by the Municipal Clerk, which shall give the following
information:
A.Â
The name and description of the applicant, including
driver's license number and social security number.
B.Â
The permanent home address and full local address and
telephone numbers of the applicant.
C.Â
The business address and telephone number of the applicant.
D.Â
If employed, the name and address of the employer, together
with credentials establishing the exact relationship.
E.Â
A brief statement of the nature of the business and a
description of the merchandise or service to be sold.
F.Â
The length of time for which the license is desired.
G.Â
If one or more vehicle(s) are to be used, a description
of each vehicle and license numbers.
H.Â
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.
I.Â
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 inches by two inches.
J.Â
The fingerprints of the applicant.
K.Â
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 or her character and responsibility.
L.Â
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.
At the time the application is filed, a fee of $25 shall be paid to
the Municipal Clerk, to be paid over to the Municipal Treasurer, to cover
the cost of processing the application and investigating the facts stated
therein.
When the application is properly filled out and signed by the applicant,
the original and duplicate shall be filed with the Municipal Clerk. The Clerk
shall make or cause to be made such investigation of the applicant's
business responsibility and moral character as he or she deems necessary for
the protection of the public health, safety or welfare.
A.Â
Determination of application as unsatisfactory.
(1)Â
If as a result of the investigation the applicant's
character or business responsibility is found to be unsatisfactory, the Municipal
Clerk shall endorse on the application his or her disapproval and the reasons
therefor and return the application to the applicant. Any determination by
the Clerk that an application is unsatisfactory shall be based on one or more
of the following findings with respect to the applicant:
(2)Â
In the absence of any such findings, the Municipal Clerk
shall find the application satisfactory.
B.Â
If as a result of the investigation the character and
business responsibility of the applicant are found to be satisfactory, the
Municipal Clerk shall endorse on the application his or her approval and issue
a license addressed to the applicant to conduct the business applied for.
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 employer represented, the type
of solicitation to be undertaken, the date of issuance, the period of time
the license shall be operative, including the date and hour, and the license
number and other identifying description of any vehicle used in the peddling
or soliciting activity licensed.
Each holder of a peddler's or solicitor's license issued by
the Municipal 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 or her while engaged within the municipality in the business
or activity licensed. He or she shall produce the license at the request of
any resident of the municipality with whom he or she wishes to conduct his
or her business or activity. Every licensee shall restrict his or her selling
or soliciting activity within the municipality to the hours between 9:00 a.m.
and 5:00 p.m. Mondays through Fridays, and shall keep records, which shall
be available upon request to the Municipal Clerk, of each day and time of
activity, including a statement as to the general area of the municipality
in which the licensee intends to conduct or has conducted activity.
No peddler or solicitor shall call attention to his or her business
or to his or her merchandise by crying out, blowing a horn, ringing a bell,
other than a doorbell of a building, or by any other loud or unusual noise.
No peddler or solicitor shall 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.
Every person licensed under the provisions of this chapter shall be
entitled to the use of one cart, wagon or other vehicle for each license taken
out by him or her and no more.
It shall be the duty of any police officer of the municipality or of
the New Jersey State Police or any other person appointed by the municipal
governing body to enforce the provisions of this chapter and to require any
person seen peddling or soliciting, who is not known by the officer or person
to be duly licensed, to produce his or her peddler's or solicitor's
license.
The Municipal 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 any police officer
or resident of the municipality.
Licenses issued under the provisions of this chapter may be revoked
by the municipal governing body, after notice and hearing, for any of the
following causes:
A.Â
Fraud, misrepresentation or false statement contained
in the application for license.
B.Â
Fraud, misrepresentation or false statement by the licensee
in the course of conducting the business licensed.
C.Â
Any violation of this chapter.
D.Â
Conviction of any crime involving moral turpitude, breaking
and entering or burglary.
E.Â
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 or her last known address at least five days prior to the date set
for the hearing.
Any person aggrieved by the action of the Municipal Clerk in the denial of a license shall have the right of appeal to the municipal governing body. The appeal shall be taken by filing with the municipal governing body, 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 municipal governing body 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 § 125-15 for notice of hearing on revocation. The decision of the municipal governing body shall be final.
Every license shall remain in force and be valid only for the time therein
expressed, which time shall be for the period applied for, but in no event
shall the period exceed one year from the date of the issuance of said license.
The license shall apply only to the person to whom granted and shall not be
transferable. Any license may be renewed by complying with the provisions
contained in this chapter.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine of not
more than $1,000, imprisonment in the County Jail for a term not to exceed
90 days and/or community service for a term not exceeding 90 days. Each day
that such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such.
