As used in this article, the following words shall have the following
meanings:
Any person selling any merchandise, goods, products or any article
whatsoever from a vehicle or pack, going about from house to house or from
purchaser to purchaser and carrying said goods or products for the purpose
of sale and delivery; if the goods or products are eatable, such person is
a "hawker"; if the goods, products or articles are nonedible, such person
is a "peddler."
A group of persons, corporation or association organized for philanthropic,
charitable, religious, patriotic or other public service purposes and not
for private gain. Examples of "nonprofit organizations" include volunteer
fire departments, rescue squads, veterans groups and organizations which assist
the poor, the aged, the sick, the physically handicapped or the mentally retarded.
Said enumeration is intended to be typical only and shall not be construed
as being exclusive.
A person who goes from house to house selling or buying goods, wares
or merchandise by sample or taking orders for future delivery or selling a
service to be rendered in the future, with or without accepting an advance
payment for the goods, wares, merchandise or services. The provisions of this
article shall apply to the person who comes in personal contact with the buyer,
whether he obtains the order, delivers the goods or accepts money in payment
of them. "Solicitor" shall also mean any person who goes from house to house
or from place to place for the purpose of obtaining alms, contributions or
subscriptions or who does research analyses, makes surveys or opinion polls,
obtains rating data or similar information or who is engaged in any similar
activity or work which involves a door-to-door or place-to-place activity.
No person shall engage in business within the Township of Franklin as
a peddler, hawker or solicitor without having first obtained a license and
paid the required license fee therefor.
Section 94-25 shall not apply to any of the following persons:
A.
Any person licensed by the Commissioner of Banking and
Insurance or the Real Estate Commission of the State of New Jersey.
B.
Persons selling personal property at wholesale to dealers
in such articles.
C.
Any sale required by statute or order of any court.
D.
Any person engaged in delivering merchandise or services
or other things in the regular course of business to the premises of the person
ordering or entitled to receive it.
E.
Any person soliciting votes for a bona fide candidate
for political office.
A.
Veterans who hold a special state license issued under
the laws of the State of New Jersey, persons to whom a valid mercantile license
has been issued under the provisions of laws or ordinances other than this
article and persons selling products grown on their own farms shall not be
required to apply for or secure a license or to pay any fee, but shall comply
with all other applicable provisions of this Code.
A.
Nonprofit organizations, as defined by the Internal Revenue Service, desiring to engage in any of the activities for which a license is required by this article shall pay an application fee of $2 and shall file with the Township Clerk a sworn statement containing the following information, which shall be in addition to any and all requirements of § 94-29:
(1)
The name and purpose of the organization for which the
permit is sought.
(2)
The names and addresses of the officers of the organization.
(3)
The names and addresses of the agents or representatives
who will solicit, sell merchandise or distribute literature in the Township.
(4)
Applicants shall provide satisfactory proof to the Township
Clerk of the applicant's nonprofit status.
Applications for licenses under this article shall be made in the same manner as an application for a license under § 94-19. In addition to the information required in that section, the applicant shall provide the following information:
A.
If the applicant is employed by another, the name and
address of the employer, together with credentials establishing the exact
relationship.
B.
The days of the week and the hours of the day during
which the licensed activity will be conducted as limited herein.
C.
A description of the nature of the business and the goods,
property or services to be sold or supplied.
D.
A statement as to the location or source of supply of
any merchandise to be offered for sale and the method of delivery.
E.
A statement as to whether the applicant has been convicted
of any crime or the violation of any municipal ordinance other than traffic
offenses and, if so, the date and place of conviction, the nature of the offense
and the punishment or penalty imposed.
F.
The applicant shall submit himself to be fingerprinted
for proper and necessary identification to be arranged by the Municipal Clerk.
G.
The specific time and place where the applicant intends
to peddle or solicit.
H.
When soliciting, members of the organization must adhere
to all state regulations and municipal ordinances, in addition to the following:
Each application shall be referred to the Township Constable, who shall
immediately institute whatever investigation of the applicant's business
responsibility and moral character he considers necessary for the protection
of the public. In addition, in the event that an applicant requests status
as a nonprofit organization, the Constable shall conduct whatever inquiry
he considers necessary to determine that that organization in question is
a bona fide nonprofit organization. Said Constable shall have the power to
inquire and investigate through the New Jersey Division of State Police. He
shall communicate his findings, in writing, together with the recommendation
that the application be granted or denied, to the Township Committee within
10 days after the application has been filed, and, if the same is approved,
the Clerk can immediately issue said license, or, if disapproved, the same
must be taken up at the next regular Township meeting as to the review of
said denial. The Township Committee shall consider the application at its
next regular meeting after receiving the report of the investigation. If,
in the case of a denial and based upon the information contained in the application
and the report, the Township Committee may decide that the applicant's
character, ability or business responsibility is unsatisfactory or that the
products or services or activities are not free from fraud, the Commissioners
may disapprove said application and refuse to issue the license and shall
so notify the applicant.
All licenses shall expire on December 31 following their issuance.
The fee for a license required by this article shall be such fee as
may be provided under the mercantile license fee schedule.[1]
[1]
Editor's Note: The fee schedule is included at the end of this chapter.
Every person licensed under this article shall conduct himself according
to the following rules and regulations:
A.
He shall not enter or attempt to enter the house of any
resident of the Township without an express invitation from the occupant of
the house.
B.
He shall not conduct himself in a manner that is objectionable
or annoying to the occupant of any house.
C.
No licensee nor any person acting on his behalf shall
shout, blow a horn, ring a bell or use any other sound-making or amplifying
device on any street, park or other public place or on any private premises
so that sounds are produced which can be plainly heard on the streets, avenues,
parks or other public places for the purpose of attracting attention to the
licensee or to the activities carried on by him.
D.
In general, all licensees and any vehicles used by them
in the course of the licensed activity shall fully comply with all of the
provisions of this Code or other applicable municipal ordinances and all applicable
state laws or regulations, particularly those which deal with the protection
of the public health, safety and welfare.
E.
The hours within which the licensee may solicit, sell
merchandise or distribute literature in the Township shall be limited to a
period which shall not begin prior to 10:00 a.m. or extend beyond 10:00 p.m.
A.
No licensee shall transact business from his vehicle
unless it is properly parked immediately adjacent to the curb of a public
street in a permitted area.
B.
No licensee shall at any time double park his vehicle
while transacting business or transact business other than on the curb side
of his vehicle.
C.
No licensee shall have an exclusive right to any location
in the public streets nor shall be be permitted a stationary location on the
streets or be permitted to operate in a congested area where his operations
may impede the free flow of pedestrian and vehicular traffic. For the purpose
of this article, the judgment of the Township Constable, if reasonable and
made in good faith, shall be conclusive as to whether the area is congested
or traffic impeded or inconvenienced.
D.
The hours within which the licensee may solicit, sell
merchandise or distribute literature in the Township shall be limited to a
period which shall not begin prior to 10:00 a.m. or extend beyond 10:00 p.m.
E.
Nontransferability. Licenses issued under the provisions
of this article shall be nontransferable.
The Township Committee, by resolution, may make rules and regulations
which interpret or amplify any provision of this article for the purpose of
administering the provisions of this article or making them more effective,
including but not limited to the right to reasonably limit and regulate the
area, days and time within which an applicant may peddle or solicit by and
under the provisions of this article. No regulation shall be inconsistent
with or alter or amend any provision of this article, and no regulation shall
impose any requirement which shall be in addition to or greater than the requirements
that are expressly or by implication imposed by the provisions of this article.
