[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Gibbsboro as Section 7-1 of the Revised General Ordinances (Ch. 132 of the 1982 Code). Amendments noted where applicable.]
Noise — See Ch. 265.
As used in this chapter, the following terms shall have the meanings indicated:
- A person who goes from house to house on public thoroughfares or in public places disposing of circulars, posters, pamphlets and the other forms of advertising matter.
- A person commonly referred to either as a "peddler" or a "hawker," who goes from place to place by traveling on the streets or from house to house and carries with him goods, wares and merchandise for the purpose of selling and delivering to consumers.
- SOLICITOR or CANVASSER
- Any 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 advance payment for the goods, wares, merchandise or service, and regardless of whether the solicitation is made by mail, telephone or personal contact. The provisions of this chapter shall apply to the person who comes in personal contact with the buyer through the delivery of goods or the acceptance of any money payment. A "canvasser" or "solicitor" shall also mean anyone who makes surveys, research analysis, opinion polls, rating data or similar work which, by its nature, involves a door-to-door activity.
This chapter is not designed to prevent or restrain trade, but is enacted for the purpose of protecting the general public and residents of the Borough from unethical, illegal and detrimental acts contrary to the general welfare of the residents.
No person shall canvass, solicit or distribute circulars or other matter or call from house to house in the Borough without first having obtained a written license from the Borough Clerk or Chief of Police.
Applicants for a license shall file with the Chief of Police a sworn application in writing, along with samples of all printed matter, sales contracts, purchase agreements and all other related printed matter to be used in the course of the activity for which a license is requested. The application shall include the following:
Name and physical description of the applicant.
Complete residence and business address of the applicant.
A description of the nature of the business and the goods, services or wares to be sold.
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
The length of time for which the right to do business is desired and the days of the week and the hours of the day within which the business will be conducted.
The source of supply of the goods, property or service proposed to be sold, where the goods, services or products are located and the method of delivery.
Three recent photographs of the applicant which shall be approximately two by two inches, showing the head and shoulders of the applicant in a clear and distinguishable manner.
Appropriate evidence as to good character and business responsibility, such as will enable an investigator to properly evaluate his character and business responsibility.
A statement as to whether or not the applicant has been convicted or is awaiting trial for any crime or misdemeanor or violation of any Borough ordinance or state statute other than a traffic violation, the nature of the offense and, if convicted, the penalty imposed.
The applicant shall be fingerprinted by the Chief of Police or other duly qualified person for the purpose of identification.
No license shall be issued until the application has been approved by the Police Department, allowing adequate time for investigation of the facts set forth in the application.
Application for partners shall be signed by all partners, with the information required in this section supplied for each partner. Applications of corporations shall provide the information required in this section for each employee, agent or servant who will engage in any activity licensed by this chapter and shall be signed by each.
Each application shall be referred to the Chief of Police or a duly appointed officer in charge of the Police Department, who shall immediately institute an investigation of the applicant's business and moral character to the extent deemed necessary for the protection of the public. He shall endorse the application as prescribed in this chapter within a reasonable time after it has been filed by the applicant.
[Amended 5-18-1982 by Ord. No. 82-2]
If, in the opinion of the investigating officer, as a result of the investigation the applicant's character or business responsibility is found to be unsatisfactory or the product or services are not clearly free from fraud or misrepresentation, the investigating officer shall endorse on the application his disapproval and his reason for the same. He shall notify the applicant that the application has been disapproved and that no license will be issued. In the event of a denial, the applicant may file a notice or letter of appeal with the Borough Clerk within 10 days. The Council shall then hear and decide the appeal within a reasonable time.
[Amended 6-23-1993 by Ord. No. 93-18]
There shall be an application fee of $50. There shall be a license fee of $10 per month, or any part of a month, or $100 per year.
Every person to whom a license is issued under the terms of this chapter shall be governed by the following rules and regulations:
Circulars, samples or other matter shall be handed to an occupant of the property or left in a secure place on the premises so that they will not be scattered or littered about the premises by elements of nature.
No persons subject to the provisions of this chapter shall canvass, solicit or distribute circulars or engage in the activity of calling from house to house except during the daylight hours and not before 8:00 a.m. or after 8:00 p.m.
No licensee shall canvass or solicit orders from pedestrians or vehicular traffic other than when his vehicle is properly parked immediately adjacent to the curb of a public street in a permitted parking area. The licensee shall not double-park when dealing with any of his trade, and under no circumstances shall the licensee transact any business other than on the curbside of his vehicle.
All licensees and their respective vehicles shall at all times comply with all terms and conditions of this chapter and all other applicable Borough ordinances and all applicable state statutes, laws and regulations pertaining thereto, including those that deal with health, safety and general welfare.
No licensee shall shout, cry out, blow a horn, ring a bell or use any sound-making or -amplifying device upon any street, sidewalk or other public place for the purpose of attracting attention to any goods, wares, merchandise or service which he proposes to furnish.
No person shall conduct himself in such a manner as to be objectionable to or annoy the occupant of any house. Furthermore, no person shall attempt to enter the house of any resident in the Borough without an expressed invitation from the occupant to do so. All licensees, upon request of the occupant, shall leave the premises in a quiet and orderly manner. Failure to comply shall warrant immediate suspension of license privileges, in addition to such other action as may be appropriate.
No licensee shall have the exclusive right to any location on any public street, nor shall be be permitted a stationary location or operate in a congested area where the operation might impede or inconvenience the public use of streets, public grounds, parks and playgrounds. The judgment of a police officer exercised in good faith shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced.
Upon issuance of the license, the applicant shall be furnished with a badge suitable for display upon his person which shall bear the license number and expiration date of the license. Licensees operating within a vehicle shall display a valid license in a conspicuous manner so that it is readily identifiable by all persons doing business with the licensees. A fee of $1 shall be charged for the badge, which shall be refunded when the licensee returns the badge to the Chief of Police.
[Amended 5-18-1982 by Ord. No. 82-2]
The Chief of Police or officer in charge of the Police Department shall maintain a record for each license issued and record any violations reported.
A license may be suspended for not more than 14 days by the Borough Council upon probable cause being shown that the license should be revoked.
A license may be suspended for a period not exceeding seven days by the Chief of Police or duly appointed officer in charge of the Police Department upon probable cause being shown that the license should be revoked.
[Amended 5-18-1982 by Ord. No. 82-2]
Revocation. Licenses issued under this chapter may be revoked by the Borough Council after notice and hearing for any of the following:
Fraud, misrepresentation or falsity of a material statement contained in the application upon which the license was issued.
Fraud or misrepresentation of a material statement made in the course of carrying on the business as solicitor, canvasser or peddler.
Any violation of this chapter.
Any conviction of a crime or misdemeanor.
Conducting the business of soliciting, canvassing or peddling in an unlawful manner or in such a manner as to constitute a menace to the health, safety and general welfare of the public.
Notice of the hearing for revocation shall be given by the Borough Clerk in writing, setting forth the grounds of the complaint and the time and place of the hearing, and shall be mailed to the licensee at his last known address at least five days before the hearing or may be served in person upon the licensee or his agent at least three days before the hearing.
All licenses issued under this chapter shall expire at 12:00 midnight, December 31, in the year issued. Other licenses shall expire at 12:00 midnight on the dates specified in the licenses. No license shall be transferable.
This chapter shall not apply to employees of a public utility which is subject to the regulations of the Board of Public Utility Commissioners of the State of New Jersey; provided, however, that such employee shall display the badge or identification card issued by his employer; nor shall the same apply to bona fide members of a church, social, veterans, civic, fraternal, volunteer fire company, first aid squad, political or philanthropic organization located within the Borough or one endorsed by the Council, provided that the organization is not defined as subversive by a United States government agency.
This chapter shall not affect persons engaged in the delivery of goods, wares or merchandise from houses of business to the premises of persons ordering or entitled to receive the same. In addition, it shall not include the selling of any article at wholesale to dealers or the delivery of milk, eggs, bread, laundry, newspapers or any other necessary and perishable articles of food or merchandise of a type commonly delivered on a house-to-house basis at intervals of less than one week.