[HISTORY: Adopted by the Township Committee of the Township of Kingwood as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-15-1988 by Ord. No. 6-15-88]
Editor's Note: This ordinance also repealed former Ch. 106, Soliciting and Canvassing, adopted 11-22-1961, as amended.
As used in this article, the following terms shall have the meanings indicated:
- Includes all goods, wares, food, fruit, vegetables, farm products, magazines and periodicals and all kinds of articles of personal property for domestic use and orders or contracts for services, home improvements or alterations.
- Any person who goes from place to place by traveling on the streets and roads or from house to house carrying, conveying or transporting goods, wares or merchandise for the purpose of selling and delivering them to customers. The word "peddler" shall include the words "hawker" and "huckster."
- Any person who goes from place to place by traveling on the streets and roads or from house to house taking or attempting to take orders for the sale of goods, wares and merchandise or personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the object to be sold and whether or not he/she is collecting advance payments on such sales. The word "solicitor" shall include the word "canvasser," provided that this definition shall not include wholesale salesmen calling on retail merchants.
- TRANSIENT MERCHANT or ITINERANT VENDOR
- Any person, corporation or partnership who engages in a merchandising business in New Jersey with intent to close out or discontinue the business in the Township within six months from the date of commencement, including those who, for the purpose of carrying out such business, hire, lease or occupy any building or structure for the exhibition and sale of goods. "Transient merchants" or "itinerant vendors" who also lease or occupy motel facilities for the conduct of their business shall be deemed as intending to be temporarily located within Kingwood Township for less than six months.
The purpose of this article shall be to prevent fraud, crime and unethical and dishonest business practices. The fees charged for the issuance of licenses shall not be considered revenue but shall be charged for the purpose of covering the expense of investigation and regulating the conduct of licensees.
Except as otherwise provided in this article, it shall be unlawful for any solicitor, hawker, peddler, transient merchant or itinerant vendor to sell or dispose of or to offer to sell or dispose of any goods, wares or merchandise or to solicit orders for the performance of any service within the corporate limits of the Township without first obtaining a license in compliance with the provisions of this article. The license shall not be transferable from the person to whom issued to any other person. A separate license shall be obtained by a licensed solicitor, hawker, peddler or transient merchant or itinerant vendor for every agent or employee working for him/her.
The requirements of this article shall not apply to the following:
Any public utility or its employees subject to regulation by the State Board of Public Utility Commissioners, provided that such employees shall display identification badges or cards issued by their employer.
Any person engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business to the premises of persons who had previously ordered the same or were entitled to receive the same by reason of a prior agreement.
Any bona fide charitable or religious society that conducts sales of personal property when the proceeds are applied to the payment of expenses and to the charitable or religious object for which the society exists.
Any person honorably discharged from the military services of the United States possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and 24-10.
Any person who is an exempt fireman of a volunteer fire department as defined by N.J.S.A. 45:24-9 and 24-10, possessing a license in conformity with the law.
Any candidate for public office or person campaigning on behalf of such a candidate, where such candidate is seeking election to an office to be voted upon by the residents of the Township who are duly registered to vote in elections in accordance with the laws of the State of New Jersey.
Every applicant for a license under this article shall file with the Township Clerk a sworn written application, in duplicate, on a form to be furnished by the Clerk, which shall give the following information:
Name and description of the applicant.
Permanent home address and full local address of the applicant.
A brief statement of the nature of the business and a description of the merchandise or service 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 license is desired [not to exceed 60 days.]
If a vehicle is to be used, a description of the vehicle and its license number.
The place where the goods or property to be sold or offered for sale are manufactured or produced, where the goods or property are located at the time such application is filed and the proposed method of delivery.
A photograph of the applicant taken within 60 days immediately prior to the date of application, which photograph clearly shows the head and shoulders of the applicant and measures two by two inches.
The fingerprints of the applicant, taken by an accredited local, state or federal law enforcement agency.
Two business references located in the County of Hunterdon, State of New Jersey, or in lieu thereof, such other available evidence of the character and business responsibility of the applicant as will enable an investigator to properly evaluate his character and responsibility.
A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
At the time the application is filed, a fee of $25 per application shall be paid to the Township Clerk, to be paid over to the Township Treasurer, to cover the cost of processing the application and investigating the facts stated therein.
When the application is properly filled out and signed by the applicant, the original and duplicate shall be filed with the Township Clerk. The Clerk shall make or cause to be made such investigation of the applicant's business responsibility and moral character as he/she deems necessary for protection of the public good.
Grounds for refusal of license; determination of application as unsatisfactory.
If, as a result of the investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Municipal Clerk shall endorse on the application her disapproval and the reasons therefor and return the application to the applicant. Any determination by Clerk that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
In the absence of any such finding, the Clerk shall find the application satisfactory.
If, as a result of the investigation, the character and business responsibility of the applicant are found to be satisfactory, the Municipal Clerk shall endorse on the application her approval and issue a license addressed to the applicant to conduct the business applied for. The license shall contain the signature of the issuing officer and show the name, address and photograph of the licensee, the class of license issued, the kind of goods or services to be sold, the date of issuance, the length of time the license shall be operative and the license number and other identifying description of any vehicle used in the peddling or soliciting activity licensed.
Applications will be processed within 21 days of receipt of a complete application and the payment of all fees. Only complete applications will be processed.
Every holder of a peddler's or solicitor's license issued by the Township Clerk under the authority of this article or by the Clerk of the county under the authority of N.J.S.A. 45:24-9 shall be required to carry the license with him/her while engaged within the Township in the business or activity licensed. He/she shall produce the license at the request of any resident of the Township with whom he/she wishes to conduct his business or activity. Every licensee, as well as every person referred to in § 106-4A, shall restrict his selling or soliciting activity within the Township to the hours between 9:00 a.m. and 4:00 p.m., Mondays through Fridays, and on each day of such activity shall notify the Township Clerk immediately before commencing his selling or soliciting activity and immediately after completing it. Notification shall include a statement as to the general area of the Township in which the licensee, as well as every person referred to in § 106-4A, intends to conduct or has conducted the activity.
No peddler or solicitor shall call attention to his business or to his merchandise by crying out, blowing a horn, ringing a bell, other than the doorbell of a building, or by another loud or unusual noise. No peddler or solicitor shall conduct or attempt to conduct his business at any residence or on any property on which is posted a sign expressly prohibiting the activity.
Complaints for alleged violations of this article may be filed by citizens of the Township, the New Jersey State Police or any other person appointed by the Township governing body to enforce the provisions of this article; and such persons may require any person seen peddling or soliciting, who is not known by the citizen or officer, to produce his peddler's or solicitor's license; and the said peddler or solicitor by accepting such license agrees to exhibit same upon request.
The Township Clerk shall maintain a record of all licenses issued under the provisions of this article and record therein all convictions for violations and other pertinent circumstances and incidents reported by any police officer, enforcement official or resident of the Township.
Licenses issued under the provisions of this article may be revoked by the Township Committee, after notice and hearing, for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement by the licensee in the course of conducting the business licensed.
Any violation of this article or other ordinances of the Township.
Conviction of any crime involving moral turpitude, breaking and entering or burglary.
Conducting the business licensed in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
Notice of hearing for revocation of a license shall be given in writing. The notice shall set forth the specific grounds of complaint and the time and place of hearing and shall be sent by certified mail, return receipt requested, to the licensee at the address listed in his application at least five days prior to the date set for hearing before the Township Clerk.
Any person aggrieved by the action of the Township Clerk in the denial or revocation of a license shall have the right of appeal to the Township Committee. The appeal shall be taken by filing with the Township Committee, within 14 days after the notice of the action complained of has been mailed to the person's last known address, a written statement setting forth fully the grounds for the appeal, and notice of the hearing shall be given to the applicant in the same manner as provided in § 106-12 for notice of hearing on revocation. The decision of the Township Committee shall be final.
Every license shall remain in force and be valid only for the time therein expressed, which time shall be for the period applied for but in no event shall the period exceed 60 days from the date of the issuance of said license. The license shall apply only to the person to whom granted and shall not be transferable; and said license shall be surrendered at the expiration of the license period or completion of the solicitation, whichever occurs first. Any license may be renewed by complying with the provisions contained in this article.
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be subject to a fine of not more than $500 or may be imprisoned in the county jail for a term not to exceed 90 days, or both. Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
[Adopted 5-3-2012 by Ord. No. 17-08-2012]
The purpose of this chapter is to authorize the Kingwood Township First Aid and Rescue Squad, Inc., and the Kingwood Township Volunteer Fire Company, Inc., to solicit contributions on roadways or highways within the municipality and to establish procedures for the same.
Each duly authorized and incorporated volunteer organization for the Township of Kingwood cited in § 106-16 may solicit contributions on roadways or highways within the municipality twice a year.
Each of the duly authorized volunteer organizations for the Township of Kingwood cited in § 106-16 seeking to engage in such conduct must make application to the Municipal Clerk for a permit to conduct the highway or roadway solicitations.
The permit shall be issued upon approval of the Township Committee of the Township of Kingwood and shall be subject to conditions in conformance with New Jersey law, which listing of conditions shall be provided to, and signed for, by the applicant as part of the permit process.
No person other than a volunteer member of the duly authorized and incorporated organizations for the Township of Kingwood cited in § 106-16 may engage in the conduct of charitable solicitations pursuant to this chapter.
No person engaged in the charitable solicitation pursuant to this chapter shall stand on a highway or roadway so designated and marked to stop, impede, hinder or delay the progress of a vehicle for the purpose of soliciting the purchase of goods, merchandise or tickets.
The Township Committee of the Township of Kingwood has consulted with the New Jersey State Police, a representative of whom will sign each permit and who will be responsible for supervising the solicitation and enforcement of the terms of the charitable solicitation permit.
The Township Committee of the Township of Kingwood shall not authorize charitable, duly authorized volunteer organizations for the Township of Kingwood, cited in § 106-16, to solicit charitable contributions on any county highway or intersection of a county highway without approval of the Board of Chosen Freeholders of Hunterdon County.
The Township Committee of the Township of Kingwood shall not authorize charitable, duly authorized volunteer organizations for the Township of Kingwood, cited in § 106-16, to solicit charitable contributions on any state highway or intersection of a state highway without approval of the State Commissioner of Transportation.
A permit may be issued only upon the presentation of a certificate of insurance to the Municipal Clerk.
Any person who violates any provision of this chapter shall be subject to a fine not to exceed $100.