This chapter is adopted to regulate the distribution
of certain materials and peddling, soliciting and related activities
within the Township of Bethlehem. The licensing of persons engaged
in the above-mentioned activities is required so that the identity
of persons going door-to-door or otherwise distributing materials
or food and beverages 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 in the Township.
As used in this chapter, the following terms
shall have the meanings indicated:
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 transient
merchants as defined herein.
PEDDLER
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
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,
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 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 "peddler" shall also include the words "hawker" and "huckster."
PERSON
Any individual, firm, partnership, corporation, organization,
club or association or any principal thereof.
TRANSIENT MERCHANT
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 from the date of commencement and occupies a
room, building, tent lot or other premises for the purpose of selling
merchandise.
It shall be unlawful for any peddler, distributor
or transient merchant to sell, offer for sale or distribute merchandise,
printed material or services within the Township without first securing
a license therefor by filing an application for the license, paying
a license fee and obtaining a license from the Township Clerk, as
hereinafter provided.
Upon obtaining a license as hereinafter provided,
a peddler, or transient merchant may conduct his activities within
the Township only as long as he adheres to the regulations set forth
herein and carries the license upon his person at all times during
the conduct of his activities. The license shall identify the person
and the type of activity for which he has registered and shall be
shown to any Township 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 used.
Upon receipt of a completed application, a license
may not be denied to:
A. Any veteran or exempt fireman who holds a special
state license.
B. Any person soliciting a vote or support for any political candidate or program as provided in §
115-16.
C. Any person soliciting for a bona fide charitable, religious, patriotic, community service or philanthropic purpose or organization as provided in §
115-16.
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 salesmen calling on businesses.
F. Public utility or its employees, which said public
utility is subject to regulation by the State Board of Public Utility
Commissioners; provided, however, that said employees shall display
the identification badge or card issued by their employer.
G. Any person selling fruits or farm products grown by
himself with or without the help of others.
H. Persons appointed by the Township or other governmental
agency to conduct a census or canvass.
No person, firm, corporation or organization
shall hawk or peddle without first having filed the required bond
and having obtained a license. Written application for such license
shall be made to the Township Clerk and shall show:
A. The name, address and telephone number of the applicant
and of all persons associated with him in his 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 said license is desired.
E. A general description of the thing or things to be
sold.
F. The present place of business of the applicant.
G. The places of residence of the applicant for the two
years last past.
H. A statement as to whether or not the applicant or
his employer or principal has been convicted of any crime, misdemeanor
or violation of any municipal ordinance, stating the nature of the
offenses and the punishment or penalty assessed therefor.
I. If a vehicle is to be used, a description of such
vehicle and its license number.
J. A photograph of the applicant taken within 60 days
immediately prior to the date of the application, which photograph
shall clearly show the head and shoulders of the applicant and shall
measure two by two inches.
K. 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.
Upon approval of the license application by
the Township Committee, the Township Clerk shall issue said license,
provided that the application is complete and that there is nothing
in the application to indicate that the applicant's character or business
is other than satisfactory for carrying on said business within the
Township of Bethlehem. In the event that the application is rejected,
the Township Clerk shall note such rejection on the application and
return it to the applicant along with his application fee.
Before the license shall be issued, the applicant
shall execute and deliver to the Clerk of the Township of Bethlehem
sufficient bond with a good and sufficient surety, or deposit cash,
certified check or money order, in the amount of $200. Said bond shall
remain in force for one year from the date of issuance and shall be
conditioned to indemnify and pay the Township of Bethlehem 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 fees for licenses under this chapter shall
accompany the application and shall be as follows:
Type of License
|
Fee
|
---|
Annual
|
$50
|
Daily
|
$15
|
No person duly licensed shall hawk, or peddle
before 8:00 a.m. or after 6:00 p.m., prevailing time, nor at any time
on the day commonly called "Sunday." This provision shall not apply
to exempt organizations.
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.
Any person aggrieved by the action of the Clerk
in the denial of an application for a license as provided in this
chapter shall have the right of appeal to the Township Committee within
25 days after notice of the action complained of has been mailed to
such person's last known address, by a written statement setting forth
the time and place for a hearing on such appeal, and notice of such
hearing shall be given to the appellant. The decision and order of
the Township Committee on such appeal shall be final and conclusive.
Every license or permit 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 daily licenses
shall be valid only for the day indicated on the license.