This chapter is adopted to regulate the distribution of certain
materials and peddling, soliciting and related activities within the
Borough. The licensing of persons engaged in the above-mentioned activities
is required so that the identity of persons going door-to-door or
distributing materials or food and beverages within the Borough 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 Borough and to prevent dishonest
business practices and dishonest solicitation of funds in the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
CANVASSER
One who is not in business of selling goods, but one who
makes surveys for research purposes, analyses, opinion polls, rating
data and any such similar work which by its nature involves a door-to-door
or place-to-place activity, and shall include persons going from door
to door or place to place for the purpose of contributions, donations
or alms for any persons or organization, or distribution of circulars.
MERCHANDISE
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed materials, farm products, services
and orders or contracts for services, home improvements or alterations
and anything that may be sold or distributed by peddlers or solicitors.
PEDDLER
Any person, whether a resident of the Borough or not, who
goes from house to house, from place to place or from street to street,
or whether stationary or traveling by foot, automotive vehicle or
any other type of conveyance, carrying or transporting merchandise
for the purpose of selling and delivering the merchandise to customers.
The word "peddler" shall also include the words hawker and huckster.
SOLICITOR
Any person, whether a resident of the Borough 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 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/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 any public place. The word "solicitor" shall also include the word
"canvasser."
TRANSIENT MERCHANT
Any person engaging in the activity 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 from the date of commencement and occupies a
room, building, tent, lot or other premises for the purpose of selling
merchandise.
Upon obtaining a license as hereinafter provided, a peddler,
solicitor or transient merchant may conduct his/her activities within
the Borough only as long as he/she adheres to the regulations set
forth herein and carries the license upon his/her person at all times
during the conduct of his/her activities. The license shall identify
the person and the type of activity for which he/she has registered
and shall be shown to any Borough official upon request.
All licenses shall expire December 31 of the calendar year in
which they are issued. A separate license shall be required for each
vehicle and each individual in said vehicle.
This chapter shall not apply to:
A. Any veteran or exempt fire fighter who holds a special state license.
B. Any person soliciting a vote or support for any political candidate
or program.
C. Any person soliciting for a bona fide charitable, religious, patriotic,
community service or philanthropic purpose or organization.
D. Any person engaged in delivering wares, goods or merchandise or articles
or things in the regular course of business to the premises of the
person ordering or entitled to receive the same.
E. Wholesale salespeople calling on businesses.
F. Public utilities or their employees, provided that such public utility
is subject to regulation by the State Board of Regulatory Commissioners,
and provided that such employees display the identification badge
or card issued by their employer.
Each applicant shall file with the Borough Clerk an application,
in writing, which shall give the following information:
A. The name of the applicant and of all persons associated with the
applicant in this business.
B. The type of business for which the license is desired.
C. In case of transient merchants, the place where the business is to
be carried on.
D. The length of time for which the license is desired.
E. The present place of business of the applicant.
F. The places of residence of the applicant for the two years last past.
G. Two business references located in the State of New Jersey or, in
lieu thereof, such other available evidence of the character and business
responsibility of the applicant.
Before the license shall be issued, the applicant shall execute
and deliver to the Borough Clerk a good and sufficient bond with a
good and sufficient surety in an amount of $200. Such bond shall remain
in force for one year from the date of issuance and shall be conditioned
to indemnify and pay the Borough of Swedesboro any penalties or costs
incurred in the enforcement of any of the provisions of this chapter
and to indemnify or reimburse any purchaser of personal property in
a sum equal to at least the amount of any payment such purchaser may
have been induced to make through the misrepresentation as to the
kind, quality or value of the personal property and to indemnify or
reimburse any such purchaser in an amount equal to at least the amount
of any payment such a purchaser may have made to a licensee for personal
property or products the delivery of which is not made as represented
by the licensee.
The fee for licenses under this chapter shall be as set forth in Chapter
140, Fees. All license fees are nonrefundable.
[Amended 2-18-2020 by Ord. No. 3-2020]
Persons duly licensed shall hawk, peddle and/or solicit between
the hours of 9:00 a.m. until dusk, with the exception of Borough-sponsored
events.
No license issued under the provisions of this chapter shall
be used at any time by any person other than the one to whom it was
issued.
Every license shall remain in force and be valid only for the
time thereon expressed. All yearly licenses shall run until December
31 of any given year. All monthly licenses shall run until the last
day of the month in which the license was issued.
Each registrant, at the time of registering, shall file with
the Borough Clerk an application, in writing, which shall give the
following information:
A. Name, age and physical description of the applicant.
B. Complete permanent home and local address of the applicant.
C. Name and address of the organization or person for whom the solicitation
is being made.
D. Description of the nature of the business and the goods, services
or wares to be sold and sufficient information to determine whether
or not the business to be transacted is interstate or intrastate commerce.
E. Two photographs of the applicant, which shall be approximately 2 1/2
inches by 1 1/2 inches in size, showing the head and shoulders
of the applicant in a clear and distinguishing manner.
F. A statement as to whether or not the applicant has been convicted
of a crime, misdemeanor or disorderly conduct offense, where and when
so convicted, the nature of the offense and the penalty, if any.
G. The make, model, year, color and license plate number of automobiles
used by the applicant during the period of solicitation within the
Borough and the number of his/her state issued driver's license and
proof of insurance.
A separate registration must be made for every solicitor, agent
or employee soliciting within the Borough limits.
Each registrant shall carry the registration certificate at
all times when in the Borough and shall exhibit it to any citizen
or police officer upon request.
Every person to whom a registration certificate is issued under
the terms of this chapter shall be governed by the following rules
and regulations:
A. All circulars, samples or other matter shall be handed to an occupant
of the property or left in a secure place on the premises.
B. No person subject to the provisions of this chapter shall canvass,
solicit or distribute circulars or other matter, except during the
hours between 9:00 a.m. and dusk, Monday through Sunday.
C. No person subject to the terms of this chapter shall enter or attempt
to enter the house or apartment of any resident in the Borough without
an express invitation from the occupant of the house or apartment.
D. No person subject to the terms of this chapter shall conduct himself/herself
in such a manner as to become objectionable to or annoy any person
while soliciting within the Borough limits.
Violations of the provisions of this chapter shall be punishable as set forth in Chapter
1, Article
I, General Provisions, §
1-15, General penalty.