[Adopted 7-27-1982 as Sec. 4-1 of the 1981 Revised General Ordinances]
[Amended 6-28-1994 by Ord. No. 1566-94]
A. 
As used in this article, the following terms shall have the meanings indicated:
NON-PROFIT-MAKING VENDOR
A person who sells goods, the proceeds of which are devoted exclusively to the purposes of a philanthropic, charitable or religious society on whose behalf he/she acts as agent with or without pay but excluding those individuals or organizations soliciting for funds or other thing of value for which no merchandise, wares or services are given in return and for which licenses are required and control thereof administered by Article II, Charitable and Religious Solicitations, of this chapter.
PEDDLER
A person, commonly referred to either as a "transient merchant," "itinerant vendor," "route salesman," "peddler," "hawker" or other such person who goes from place to place by traveling on the streets or from house to house or who does not have a permanent premises for the sale of goods, wares or merchandise and carries with him/her foodstuffs, goods, wares and merchandise for the purpose of selling and delivering them to consumers or who without carrying merchandise sells or proposes to sell services of any kind, including but not limited to painting, landscaping, subscriptions and photography.
SOLICITOR
A person selling the above-described articles or services by sample or taking orders for future delivery, with or without accepting an advance payment for the goods and regardless of whether the solicitation is made by mail, telephone or personal contact. The provisions of this article shall apply to the person who comes in personal contact with the buyer through the delivery of the goods or the acceptance of moneys in payment therefor.
B. 
This article shall not affect any person duly licensed by the Commissioner of Banking and Insurance of the State of New Jersey.
The purpose of this article is to prevent unfair competition and dishonest business practices by regulation of the vendors specified in § 163-1.
A. 
It shall be unlawful for any person to sell or dispose of, or to offer to sell or dispose of, any foodstuffs, goods, wares or merchandise within the borough without first obtaining a license and having paid the license and/or other fees hereinafter prescribed.
B. 
Every person convicted of a violation of § 163-3A shall be liable for a penalty of not more than $100.
[Added 8-13-2019 by Ord. No. 2511-2019]
A. 
The license fees only shall not apply to any person honorably discharged from the military, naval or Marine forces of the United States, to any person who conducts a sale pursuant to statute or court order, to any person who is an exempt member of a volunteer fire department as defined by New Jersey Public Laws, nor to any person who has an established local business, nor to any person who is a local resident.
B. 
"Local business" shall mean that there must be within the borough an establishment which displays and offers for sale the same products that the solicitor, peddler or hawker are offering for sale.
Any person desiring a license shall file with the Chief of Police an application blank, which shall contain the following information:
A. 
Name of applicant.
B. 
Permanent home residence.
C. 
Name and address of firm represented; the names and address of the persons from which goods making up the stock were or are to be purchased.
D. 
Three business references.
E. 
The place or places of residence of the applicant for the preceding three years.
F. 
The length of time for which the license is desired.
G. 
A description of the wares to be offered for sale.
H. 
The number of arrests or convictions against the applicant.
I. 
To the application shall be appended a letter from the firm for which he/she purports to work, authorizing the applicant to act as its representative.
Following the filing of the application, the Chief of Police shall verify the information respecting the moral character of the applicant by causing his/her fingerprints to be taken and compared with those on file with the F.B.I. and the State Bureau of Identification and, based on his/her findings, shall either signify his/her approval or rejection of the application. Upon approval of the application and payment of the fees, the license shall be issued by the Police Records and License Bureau which shall keep all necessary records pertaining thereto. For all license classes, the license shall not authorize any person, except the person named in the license, to engage in business thereunder. The license shall not be transferable from the person to whom issued to any other person. A separate license must be obtained by a licensed peddler or solicitor for every agent or employee working for him/her.
Every person holding a license shall be required to carry the license with him/her while engaged in the business licensed. He/she shall produce the license at the request of any person solicited, a police officer or other official of the borough. To every person granted a license, the Police Department shall issue a license certificate bearing the words "Police Dept. Peddler's and Solicitor's Permit," together with the number of the license and the year for which it is issued. All automobiles, wagons, carts or other vehicles used for peddling shall have affixed thereon a metal plate bearing the words "Police Dept. Peddler's and Solicitor's Permit," together with the number of license and the year for which it is issued.
License and processing fees shall be as follows:
A. 
A fee, as set from time to time by resolution of the Borough Council, shall be paid for the processing of each license application and shall apply to each individual who makes application for the license. The processing fee shall include the cost of fingerprinting, the issuance of the license and the license issued therefor.
B. 
The annual license fee under this article shall be as set from time to time by resolution of the Borough Council with the license being issued on January 1 of each year. No license fee shall be prorated for any portion of the year.
C. 
Non-profit-making peddlers shall not be required to pay a license fee.
D. 
Non-profit-making vendors shall not be required to pay any license fee.
[1]
Editor's Note: See Ch. 94, Fees, Art. VI, Schedule of Fees.
All persons to whom a license shall be issued hereunder shall observe the following regulations, and for any violation thereof the license shall be immediately revoked by the Chief of Police.
A. 
No person or vehicle shall stand or be parked, for the purpose of displaying or selling wares or merchandise, on public or private property within a business district.
B. 
No person covered by this article shall sell or attempt to sell in accordance with the terms of this article before 9:00 a.m. or after 5:00 p.m. prevailing time. The aforesaid time limitation shall not apply to persons who are expressly invited into homes by the occupant thereof.
[Amended 5-26-2015 by Ord. No. 2353-2015]
C. 
No person shall hawk or sell wares within a distance of 500 feet of the nearest public building or commercial establishment.
D. 
No vehicle shall be parked upon any public street at a fixed location for the purpose of displaying or selling wares or merchandise.
A license may be revoked by the Borough Council by reason of the violation of the terms of the license, the violation of any municipal ordinance, state or federal statute or falsification in applying for a license. The licensed person shall be granted a hearing by the Council upon his/her request. A license may be suspended for not more than two weeks by the Chief of Police without a hearing. No fees shall be returned for any unexpired period of a license whether revoked or not.
[Added 6-28-1994 by Ord. No. 1566-94]
A. 
No person shall engage in the sale of goods, wares or merchandise at special events in the borough without having first obtained a special events vendor's permit from the Police Department.
B. 
"Special events" are defined as events sponsored by the Borough of Fair Lawn, such as, but not limited to, a parade, fireworks, circus or nonrepetitive athletic events which occur within a twenty-four-hour period.
[Amended 12-10-1996 by Ord. No. 1656-96]
C. 
Applications for this permit shall include the following:
(1) 
Name, address and telephone number of applicant, as well as reasonable proof of identification.
(2) 
Date that the special events vendor's permit is being used.
(3) 
General description of goods to be sold.
D. 
The fee for the special events vendor's permit for each day that it is to be used is as set from time to time by resolution of the Borough Council.[1]
[1]
Editor's Note: See Ch. 94, Fees, Art. VI, Schedule of Fees.
E. 
The special events vendor's permit must be obtained three days before the event.
F. 
Every person holding a permit shall be required to carry the permit with him/her while engaged in the business licensed. He/she shall produce the permit at the request of any person solicited, a police officer or other official of the borough. To every person granted a permit, the Police Department shall issue a permit bearing the words "Special Events Vendor's Permit," together with the number of the permit and the date the permit is valid. All automobiles, wagons, carts or other vehicles used for peddling shall have the permit affixed thereon.
[Added 12-13-2016 by Ord. No. 2414-2016]
A. 
Display of "No Solicitation" signs. All residents of the Borough may display "No Solicitation" signs in a clearly visible location (e.g., front door or window adjacent to the front door) indicating that they do not want individuals or organizations that are required to register and obtain a permit under this chapter (e.g., canvassers, distributors, solicitors, peddlers, transient merchant or hawkers of any sort) to approach their homes and/or seek personal contact with the occupants of the residence displaying a "No Solicitation" sign. By displaying a "No Solicitation" sign, the resident acknowledges that the Borough police, fire and other emergency services groups are exempt from the requirements of this section.
B. 
Violations. It shall be unlawful for any canvasser, distributor, solicitor, peddler, transient merchant or hawker to approach and/or seek personal contact with the occupants of any residence if that residence is displaying a "No Solicitation" sign. Anyone violating this subsection shall, upon conviction thereof, be subject to a minimum fine of $250 for the first offense, $500 for the second offense and $1,000 for a third or subsequent offense. An individual employed by a company or organization violating this subsection shall be issued a violation in the individual's name and a violation issued in the company's or organization's name.
[Added 11-26-2019 by Ord. No. 2516-2019]
A. 
The Borough Clerk's Office shall maintain a do-not-knock registry where, during regular business hours, owners and/or occupants may register their premises to prohibit peddlers or solicitors licensed pursuant to this Chapter 163 from entering upon their premises. The do-not-knock registry shall include the addresses of such premises, and the date of enlistment on the registry. The premises will remain on the registry until written notification is received by the Borough Clerk that the owner and/or occupant wishes to remove the premises from the registry.
B. 
Owners and/or occupants of premises listed on the do-not-knock registry may purchase, for a nominal fee, a sticker for display at their premises indicating enlistment on the do-not-knock registry.
C. 
The Borough Clerk shall submit a copy of the do-not-knock registry to the Chief of Police in a timely manner as and when premises are added to the do-not-knock registry. The Chief of Police shall distribute a copy of the then-current registry to persons and entities seeking a license pursuant to § 163-5.
D. 
No person or entity licensed in accordance with § 163-6 shall enter upon any premises appearing on the do-not-knock registry for the purpose of peddling, soliciting or otherwise engaging in any door-to-door commercial activities.
E. 
It shall be unlawful for any person or entity licensed in accordance with § 163-6 to enter upon any premises appearing on the do-not-knock registry. Any person or entity violating § 163-11.2D shall, upon conviction thereof, be subject to a minimum fine of $250 for the first offense, $500 for the second offense and $1,000 for a third or subsequent offense. Any individual representative of an entity violating § 163-11.2D shall be issued a violation in the individual's name, and a violation shall also be issued in the name of the entity. In addition, the license of any person or entity violating § 163-11.2D shall be subject to revocation and/or ineligible for renewal for a period of one year.