[HISTORY: Adopted by the Township of Washington
(now Township of Robbinsville) by Ord. No. 2003-34 (§ 4-4
of the 2001 Code). Amendments noted where applicable.]
[Amended 11-30-2023 by Ord. No. 2023-60]
The purpose of this chapter is to regulate canvassing,
soliciting, peddling and other forms of door-to-door and street-to-street
activities within the Township. The licensure of persons engaged in
the above-mentioned activities is required so that the identity of
persons going door to door, street-to-street, or otherwise selling
goods to Township residents may be established and that the general
regulations may be more effectively enforced in order to prevent fraud
as well as criminal, unethical and dishonest business practices within
the Township and for the protection and maintenance of the health,
safety and welfare of the inhabitants of the Township.
As used in this chapter, the following terms
shall have the meanings indicated:
All goods, wares, foods, meat, fish, ice cream, fruits, vegetables,
magazines, periodicals, printed matter, farm products, services and
orders or contracts for services, home improvement or alterations
and anything that may be sold or distributed on a door-to-door basis
by canvassers, solicitors, peddlers, or mobile retail food establishment
or at a multiple transient merchant facility as defined herein.
A mobile retail food establishment, multiple transient merchant
facility, nonprofit vendor, peddler, solicitor and transient vendor
as defined in this chapter.
Any movable truck, van, trailer, bicycle or other movable
unit, including hand-carried, portable containers in or on which food
or beverage is transported, stored or prepared for retail sale or
given away at temporary locations.
[Amended 8-2-2019 by Ord.
No. 2019-30; 11-30-2023 by Ord. No. 2023-60]
A facility in which groups of transient merchants conduct
functions commonly known as trade shows, craft shows and similar functions
within the facility for the same dates and times.
A bona fide charitable organization, person or entity possessing
a tax-exempt status which shall be evidenced by furnishing to the
Township of Robbinsville a tax exempt number provided by the State
of New Jersey and/or the Government of the United States.
A person, commonly referred to as a "peddler" or "hawker"
or "itinerant merchant" who goes from place to place or house to house
by traveling on the streets and carries with him merchandise or services
for the purpose of selling and delivering them to consumers.
Any individual, firm, partnership, corporation, organization,
club or association or any principal or agent thereof.
Any street, avenue, boulevard or road within the municipality
which is not maintained by the Township but is rather the responsibility
of a private homeowners' association and, as such, has not been dedicated
to the Township.
A person who goes from house to house selling or buying merchandise
or service by sample or by taking orders for future delivery or selling
a service, with or without acceptance of an advance payment for the
merchandise or service.
A person who engages in a temporary business within the Township of selling and delivering merchandise or services within the Township and who in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, public room in hotels, lodging houses, apartments or shops, parking lot, sidewalk, street, alley or other place within the Township, for the exhibition and sale of such merchandise or services, either privately or at public auction. Any activities conducted which are contrary to the permitted uses under Chapter 142, Land Use, are hereby prohibited.
[Amended 8-2-2019 by Ord.
No. 2019-30; 11-30-2023 by Ord. No. 2023-60]
Except as provided herein, it shall be unlawful for any merchant to sell, offer for sale, take orders for or distribute merchandise, services or engage in any activities as enumerated in § 182-2 within the Township, without first registering with, filing an application for registration with, paying a registration fee to and obtaining a license from the Municipal Clerk.
[Added 4-29-2010 by Ord. No. 2010-18; amended 11-30-2023 by Ord. No.
2023-60]
No person shall sell, offer for sale, peddle, solicit or canvas in the Township of any of the items listed in the definition of the term "merchandise" in § 182-2 before 9:00 a.m. or after 5:00 p.m., or on Sundays or holidays, with the exception of mobile retail food establishments, which may operate on public property from 9:00 a.m. to dusk. Mobile retail food establishments associated with a special event may operate during the approved hours of the special event, during the hours of 7:00 a.m. and 11:00 p.m. when located on private residential property, and during the regular business hours of the commercial property upon which it is located pursuant to § 182-12I.
[Added 4-29-2010 by Ord. No. 2010-18]
A.
It shall be unlawful for any merchant to sell, buy, dispose of or
offer to sell or dispose of any merchandise or services or to solicit
contributions, gifts, pledges or subscriptions of money or goods without
first obtaining a license from the Municipal Clerk.
B.
Nonprofit vendors.
(1)
Any nonprofit vendor may acquire a single license for the sole
purpose of conducting door-to-door solicitation upon submission of
a list of all dates for such solicitation and the names and addresses
of all solicitors and upon compliance with all other terms of this
chapter. The license shall be valid for up to one year from date of
issuance.
(2)
Any nonprofit vendor may acquire a single license for the sole
purpose of conducting canister drives at commercial establishments
upon submission of a list of all dates and locations for such solicitation
and the names and addresses of all solicitors and upon compliance
with all other terms of this chapter. Such solicitation is limited
to two persons per ingress and/or egress doorway and shall not involve
any structures, displays or furniture. The license shall be valid
for one year from the date of issuance. The commercial establishment
must approve of the canister drive prior to issuance of license.
A.
This chapter shall not apply to:
[Amended 3-11-2004 by Ord. No. 2004-8]
(1)
Any person conducting a sale pursuant to statute or
court order;
(2)
Any person canvassing in support of the election or
defeat of a candidate for public office;
(3)
Any person canvassing in support of a social, moral
or political cause or policy;
(4)
Any person engaged in delivering merchandise in the
regular course of business to the premises of a person ordering or
entitled to receive the same;
(5)
Any person or merchant delivering or soliciting newspapers;
(6)
Any person or merchant conducting a sale within a multiple transient merchant facility as defined in § 182-2;
(7)
Any person distributing pamphlets or door-to-door
canvassing in furtherance of religious beliefs.
B.
The provisions of this chapter shall not apply to
any merchant honorably discharged from the armed forces of the United
States or a member of a volunteer fire department possessing a valid
license issued by the County Clerk pursuant to N.J.S.A. 45:24-9b.
C.
The provisions of this chapter shall not apply to any private streets as defined in § 182-2. Permission must be obtained from the management association of the individual private community before any activities described in this chapter can be conducted within the confines of any private streets or communities. A list of the private communities and streets can be obtained from the Planning and Zoning Department.
A transient merchant shall not be relieved from
complying with the provisions of this chapter merely by reason of
associating temporarily with any local dealer, trader, merchant or
auctioneer or by conducting such transient business in connection
with, as part of, or in the name of any local dealer, trader, merchant
or auctioneer.
[Amended 8-30-2005 by Ord. No. 2005-29; 11-30-2023 by Ord. No. 2023-60]
It shall be unlawful for any peddler, hawker,
solicitor or merchant to sell, buy, dispose of or offer to sell or
dispose of any merchandise or services in or on any portion of a public
right-of-way or any municipal street. Exceptions would be mobile retail
food vendors who have received permission from the Township to locate
in the public right-of-way or municipal street and have obtained the
necessary permits from the Board of Health.
[Added 11-30-2023 by Ord. No. 2023-60]
Notwithstanding any other provision of this chapter, the following
provisions shall apply to mobile retail food vendors:
A.
B.
Mobile retail food vendors subject to the New Jersey Uniform Fire Code or other applicable law shall be subject to the provisions of § 2-47.1 and Ch. 122 to the extent such provisions do not conflict with the provisions of this chapter. In cases where a conflict does exist, the provisions of this chapter shall control. The Chief of Fire and/or Fire Official shall prepare a checklist, which shall be publicly available, for the issuance of a Type 1 fire permit in accordance with the New Jersey Uniform Fire Code.
C.
Nothing in this chapter shall limit the Township or any of its entities
from hiring mobile retail food vendors for Township events.
A.
In applying for a license, a merchant shall file a
written, sworn application signed by the appropriate responsible person
or officer of such organization, and by the highest two officers if
it is an association, society or other form of organization, with
the Municipal Clerk, showing:
(1)
The name(s) and address(es) and telephone number(s)
of the person(s) having the management or supervision of the applicant's
business operation to be carried on in the Township; the permanent
address or addresses of such person or persons; the capacity in which
the person or persons will act (that is, whether as proprietor, agent
or otherwise).
(2)
The name, address and telephone number of the applicant.
(3)
The place(s) in the Township where the merchant shall
carry on the business, and the exact dates on which the merchant will
conduct business. As appropriate, the applicant shall be required
to submit a sketch depicting the exact location where the activities
will be conducted and the distance from the nearest right-of-way line.
(4)
Disclosure of the address of all other locations where
it conducted its business within the six months prior to filing the
application; and a contact prior to verifying same.
(5)
A statement of the nature, character and quality of
the merchandise to be sold by the applicant; whether it is proposed
to be sold from stock on hand, by sample and taking orders for future
delivery, or at auction; and where the goods or property proposed
to be sold are manufactured or produced; and where such goods or products
are located at the time the application is filed.
(6)
A brief statement of the nature and character of the
advertising to be done in conjunction with activities related to the
application, and, if required by the Municipal Clerk, copies of such
all advertising, whether handbills, circulars, newspaper advertising
or otherwise, shall be attached to the application as exhibits thereto.
(7)
For all person(s) exercising the management or supervision
of the applicant's business, state whether such person has been convicted
of a crime, misdemeanor or the violation of any municipal ordinance,
the nature of such offense and the punishment assessed therefor.
(8)
A letter from the applicant authorizing the person(s)
submitting the application to act as applicant's agent or representative.
(9)
Any such other reasonable information as to the identity
or character of the person(s) exercising the management or supervision
of the applicant's business or the method or plan of doing such business
as the Chief of Police may deem proper to fulfill the purpose of this
chapter in the protection of the public good.
(10)
Applicants will be required to show proof that they
are or will comply with the State sales tax laws. The Township reserves
the right to request proof of compliance.
(11)
If
a vehicle is to be used, a description of such vehicle and its license
number.
[Added 11-30-2023 by Ord. No. 2023-60]
B.
An applicant may amend its application at any time
so long as an application with all the changed information is included.
C.
All such applications shall be filed at least 30 days
prior to from the scheduled date of the activity.
[Amended 11-30-2023 by Ord. No. 2023-60]
A separate license must be obtained for every merchant soliciting, canvassing or peddling within the Township except as provided in § 182-4.
[Amended 3-30-2015 by Ord. No. 2015-9; 11-30-2023 by Ord. No. 2023-60]
A.
The Municipal Clerk shall forward the application
to the following departments. These entities shall conduct such investigation
as they deem necessary to protect safety, health and welfare of the
residents of the Township.
(1)
Police Department;
(2)
Board of Health (if the application involves a mobile
food vendor or other activities within the jurisdiction of the Board
of Health);
(3)
Fire
Department (if the application involves a mobile food vendor subject
to the New Jersey Uniform Fire Code or other applicable law); and
(4)
Zoning Officer.
B.
No license shall be issued to any merchant where the
location of any activity is within 25 feet of the right-of-way line
of any street in the Township of Robbinsville, unless such activity
is otherwise permitted by and pursuant to this chapter.
C.
If, as a result of such investigation, the applicant's character and business integrity are found to be satisfactory, and do not create a safety hazard, the Chief of Police shall certify same to the Municipal Clerk. If, as a result of such investigation, the Health Officer shall determine that the activity does not pose a health or safety issue of any nature, they shall so certify to the Municipal Clerk. If, as a result of such investigation, the Chief of Fire and/or Fire Official shall determine that the activity does not pose a fire safety issue of any nature, they shall so certify to the Municipal Clerk. Finally, if as a result of such investigation, the Zoning Officer shall determine that the proposed activity complies with all applicable provisions of Chapter 142, Land Use, and § 182-14 of this chapter, they shall so certify to the Municipal Clerk. The Municipal Clerk, upon receipt of all such written certifications, shall then issue a license. The Municipal Clerk shall keep a full record of all licenses issued.[1]
D.
To facilitate background checks, an applicant shall be subject to
fingerprinting pursuant to the instruction of the Police Department
and shall execute an appropriate consent form. Fingerprinting shall
only be required of applicants who will operate on public property;
applicants operating solely on private property shall not be subject
to fingerprinting.
E.
The results of the background checks shall not be considered public
information and shall be released only to the Township Council, the
Township Administrator, Chief of Police or Township Attorney. The
costs of background checks and fingerprinting shall be borne by the
applicant.
[Amended 11-30-2023 by Ord. No. 2023-60]
A.
If an application is found unsatisfactory by the Chief
of Police, Health Officer, Chief of Fire, Fire Official, and/or Zoning
Officer, the Municipal Clerk shall notify the applicant that the application
is denied. An applicant for a license hereunder shall have the right
to appeal to the governing body from the denial of a license. Such
appeal shall be filed within three days after the receipt of the notice
of denial. Such appeal shall be taken by filing a written notice of
appeal addressed to the governing body. The governing body shall act
upon the appeal as soon as practicable after receiving the notice
thereof and shall give the applicant reasonable opportunity to be
heard before taking action. The governing body may affirm, reverse
or modify the license.
B.
If an applicant is found satisfactory by the Chief
of Police, Health Officer, Chief of Fire and/or Fire Official, and
Zoning Officer, a license shall be issued to the applicant upon payment
of the proper fee and posting of bond. Such licensure shall contain
the signature of the Municipal Clerk and shall show the name, address
and recent photograph of the applicant, the type of business for which
the applicant is registered, the kinds of goods or services to be
sold thereunder, the date of issue, the length of time the license
shall be operative, and the license number and other identifying description
of any vehicle used in the activity licensed.
Every person to whom a license is issued under
the terms of this chapter shall be governed by the following rules
and regulations:
A.
All circulars, samples, merchandise or other matter
shall be handed to an occupant of the property or left in a secure
place on the premises.
B.
No merchant shall attempt to canvass, solicit or peddle
merchandise or services without first having identified themself as
a merchant licensed by the Township and without displaying their certificate.
[Amended 11-30-2023 by Ord. No. 2023-60]
C.
No merchant shall have exclusive rights to any location
in the public streets or operate in any congested area where their
operation might impede or inconvenience the public.
[Amended 11-30-2023 by Ord. No. 2023-60]
D.
No merchant shall make any solicitation within the
Township limits where solicitors are notified by sign that soliciting
is prohibited.
E.
No merchant shall conduct themself in such a manner
as to disturb the peace, become objectionable, or annoy any person
while canvassing, soliciting or peddling within the Township limits.
[Amended 11-30-2023 by Ord. No. 2023-60]
F.
No merchant shall distribute obscene merchandise or
printed material or that which advocates unlawful conduct.
G.
No merchant shall litter the streets, public places
or property within the Township with any merchandise or printed material.
H.
No mobile
retail food establishment shall operate at a stationary location on
private or public property without prior written approval of the property
owner, nor on any public street wherein an unsafe condition, as determined
by the Township, is created by such operation.
[Added 11-30-2023 by Ord. No. 2023-60]
I.
A mobile
retail food establishment shall only operate during the regular business
hours of the commercial property upon which it is located.
[Added 11-30-2023 by Ord. No. 2023-60]
J.
No mobile
retail food establishment shall remain at a stationary location for
more than 12 hours on any given day.
[Added 11-30-2023 by Ord. No. 2023-60]
A.
At the time of issuance of the license, the applicant shall pay an application fee as set forth in Chapter 109, Fees. Each individual applicant for a license shall be required to pay such fee. Nonprofit vendors, as defined in this chapter, shall be exempt from paying the application fee.
[Amended 4-22-2004 by Ord. No. 2004-17; 11-30-2023 by Ord. No. 2023-60]
B.
Upon expiration of a license, it may be renewed upon
compliance with all the provisions of this chapter and the payment
of fees, except that the investigation and waiting period thereof
may be waived if approved by the Chief of Police. The certificate
shall expire one year from the date of issuance.
A.
Upon obtaining a license, each merchant may conduct
activities within the Township only as long as the merchant adheres
to the regulations set forth herein and prominently displays the license
on their person at all times during the conduct of their activities
within the Township unless otherwise provided in this chapter. The
license shall identify the merchant and the type of activity for which
the merchant is registered and shall be shown to any person or police
officer upon request.
[Amended 11-30-2023 by Ord. No. 2023-60]
B.
The license issued under this chapter shall be posted
conspicuously in the place of business named therein. In the event
that such person or persons applying for the license desire to do
business in more than one place within the Township, separate licenses
may be issued for each place of business. Every person who is required
to hold a license under this chapter shall carry the same when engaged
in the business for which the license is issued. In addition, each
licensee shall be required to have on his or her person a full and
complete copy of the application for the license. Any alterations,
erasures or mutilations shall void the license.
A.
In addition to any other provisions of law, the licenses
issued pursuant to this chapter may be revoked by the Municipal Clerk
or their designee upon recommendation of the Chief of Police or their
designee for any of the following causes:
[Amended 11-30-2023 by Ord. No. 2023-60]
(1)
Any fraud, misrepresentation of false statements contained
in the application for license;
(2)
Any fraud, misrepresentation or false statements made
in connection with the selling of goods, wares or merchandise;
(3)
Any violation of this chapter;
(4)
Conviction of the licensee or any felony or of a misdemeanor
involving moral turpitude; and
(5)
Conducting the business licensed under this chapter
in an unlawful manner or in such a manner as to constitute a menace
to the health, safety or general welfare of the public.
B.
An appeal from any such revocation may be made to
the governing body, by filing a notice of appeal with the Municipal
Clerk, within 10 days of the date of the revocation. The governing
body shall hear such appeal and render its decision within 45 days.
The Chief of Police shall report to the Municipal
Clerk any complaints against any person licensed under the provisions
of this chapter. The Municipal Clerk shall keep a record of all such
licenses and of such complaints and violations.
