[HISTORY: Adopted by the Township Council
of the Township of Evesham 6-12-2018 by Ord. No. 12-6-2018.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 111,
Peddling and Soliciting, which consisted of Art. I, Soliciting, adopted
3-20-1973 by Ord. No. 13-3-73, as amended, and Art. II, Peddlers,
Transient Merchants and Non-Profit-Making Vendors, adopted 3-1-1977
by Ord. No. 7-3-1977, as amended.
The purposes of this chapter are to (1) deter the use of peddling
or soliciting to gain access to homes or other premises for criminal
purposes; (2) maintain peace, comfort, quiet and privacy for residents
of the Township of Evesham while balancing the same against the opportunity
for person to exercise their rights of free speech; (3) discourage
unethical, dishonest and illegal business practices; (4) prevent dishonest
solicitation of funds; (5) protect the safety and welfare of the inhabitants
of the Township of Evesham as well as persons engaged in the below
activities within the Township; and (6) preserve safety and order
in and about the streets, sidewalks, businesses and public areas of
the Township. All applications fees to be charged for the issuance
of licenses are not to be considered as revenue, but are charges for
the purpose of covering the expenses of administering this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A person in the business of selling personal property or
services who conducts his business from a fixed location but who does
not intend to continue in business within the Township permanently.
A proprietor of a business which is seasonal in nature who suspends
business during the off-season shall not for that reason alone be
considered an "itinerant vendor."
Any organization tax exempt under § 501(c)(3) of the
Internal Revenue Code;
Any organization created under or otherwise subject to the provisions
of Title 15A of the New Jersey Statutes;
Any organization, whether or not qualified under § 501(c)(3)
of the Internal Revenue Code or subject to the provisions of Title
15A of the New Jersey Statutes, whose primary purpose is to benefit
the school age children of the Township of Evesham;
Any organization whose primary purpose is to advocate for religious
or political causes, whether or not qualified under § 501(c)(3)
of the Internal Revenue Code or subject to the provisions of Title
15A of the New Jersey Statutes; or
Any Police Department and any volunteer fire or first aid company
that is located in, has a substantial membership from or serves the
Township.
A person who sells or delivers tangible goods, services or
commodities from house to house, store to store, place to place or
on the streets or in any public place, whether on foot or in a vehicle,
whose sales are not made from one established spot, except where they
are made in a street or public place, and who makes delivery at the
time of his sale. A peddler selling manufactured ready-to-eat food
products must also apply for and receive a food handler's license
from the Township.
An individual, firm, partnership, corporation (either profit
or nonprofit), voluntary association, incorporated association, unincorporated
association, society, club, trust or other similar entity or a trustee,
principal or agent thereof.
A person who goes from house to house or from place to place
selling merchandise by sample or by taking orders for future delivery,
with or without accepting advance payments for the goods and regardless
of whether advance solicitation is made by mail, telephone or personal
contact. The provisions of this definition 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 for them. "Solicitor"
also means 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 or obtains
rating data or similar information, or who engages in any similar
work which involves a door-to-door or place-to-place activity.
A.
It shall be unlawful for any person to engage in the business of
canvasser, hawker, peddler, solicitor or vendor without first having
secured a license therefor as herein provided.
B.
The license requirements of this article shall not apply to the following:
(1)
Any nonprofit organization as defined in section § 111-2 of this article, provided that the means of identification assigned by such organization, if any, is carried by the peddler, solicitor or transient merchant. If no means of identification is assigned by such organization, the peddler, solicitor or transient merchant shall be required to carry a bona fide means of identification, including but not limited to a valid driver's license or other government-issued identification.
(2)
Any person intending to distribute noncommercial or not-for-profit
handbills, pamphlets, leaflets, circulars, advertisements or printed
material.
(3)
Any person:
(a)
Campaigning for any elected public office or public question,
which is to be voted upon in the Township at a general election, special,
primary or school board election, or in a national or state election;
(b)
Distributing handbills, pamphlets, leaflets, circulars, advertisements
or printed material with respect thereto; or
(c)
Otherwise engaging in political speech.
(4)
Any person engaging in advocacy of noncommercial or not-for-profit
causes, whether or not in connection with a larger organization, or
engaging in spontaneous speech, including, but not limited, to speech
between neighbors.
(5)
Any person honorably discharged from the military of the United States
as defined by N.J.S.A. 45:24-9 and 24-10, possessing corresponding
identification in conformity with said statute.
(6)
Any person holding a solicitation license or permit issued under
any legislation of the United States government or by any state agency
pursuant to statute.
(7)
Any person engaged in delivering goods, products or wares or other
articles or things in the regular course of business to the premises
of the person ordering or entitled to receive the same.
A.
All applications for licenses shall be made to the Township Clerk,
at least 30 days before said license is desired, upon the forms provided
by the Clerk and shall contain the following information:
(1)
The name and physical description of the applicant.
(2)
The complete permanent home and local address of the applicant.
(3)
A description of the nature of the business and the goods, services
or wares to be sold.
(4)
If employed, the name and address of the employer, together with
credentials therefrom establishing the exact relationship and the
authority to work in the Township.
(5)
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 said
business desires to conduct soliciting activities.
(6)
The source of supply of the goods, products or services proposed
to be sold, where such goods, products or services are located and
the method of delivery.
(7)
Two recent photographs of the applicant, which shall be approximately
two inches by two inches, showing the head and shoulders of the applicant
in a clear and distinguished manner.
(8)
Appropriate evidence as to the good character and business responsibility
of the applicant as will enable an investigator to properly evaluate
such character and business responsibility.
(9)
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
other than traffic violations, the nature of the offense and the punishment
or penalty assessed therefor.
(10)
If a vehicle is used, its description, including, make, model,
year, color and license plate number of the vehicle and the driver's
license numbers of the proposed operators.
(11)
Permission by the applicant to submit to a criminal background
check.
B.
Upon receipt of an application, the Township Clerk shall forward the application to the Chief of Police, or his designee, to undergo a background investigation. Said background investigation shall weigh the applicant's business, moral character and ability to properly conduct the licensed activity and the ability to protect the public. If the Police Department determines that the applicant's character, reputation, or evidence of ability to conduct the business in a responsible fashion is/are unsatisfactory, or the products, services or activities unlawful, or if false information is found to be included in the application, he shall notify the Clerk in writing and the application shall be rejected. In such cases, the applicant or licensee may file an appeal to the Township Council according to the provisions of § 111-7.
[Amended 1-27-2021 by Ord. No. 1-1-2021]
C.
The applicant shall be fingerprinted at one of the state-sanctioned
MorphoTrak Centers and such fingerprints are to be recorded and processed
immediately for classification and identification.
[Amended 1-27-2021 by Ord. No. 1-1-2021]
After submission of the application, the Police Department shall
make any investigation necessary and shall indicate its written approval
or disapproval of the license application within 30 days after the
application is filed and shall forward the license application to
the Township Clerk. Upon written approval from the Police Department,
the Township Clerk shall issue a license upon the payment of all required
fees.
A.
Upon submission of the license application, the applicant shall pay
to the Township a fee of $75 for purposes of undertaking a background
check. Upon approval of the application, the licensee shall pay an
additional $25 for the license.
A.
A license may be refused to any person for cause after investigation
or to any person with a criminal record or may be suspended or revoked
after issuance for violation of law or ordinance after notice to the
applicant or licensee. A hearing before the Township Council shall
be afforded to such applicant or licensee upon written request to
the Township Clerk. An applicant so desiring to appeal such decision
shall submit his or her written request to the Township Clerk within
five days of the license revocation or refusal to grant the license.
[Amended 1-27-2021 by Ord. No. 1-1-2021]
B.
During the hearing, the Township Council shall consider the reasons
for rejection or revocation provided by the Police Department and
testimony from the investigating officer(s) if desired. The applicant
or licensee shall have the right to cross-examine the investigating
officer and provide independent oral testimony during the hearing.
Members of the general public shall be permitted to make relevant
statements for the Council's consideration.
C.
In addition to the reasons for rejection or revocation provided by
the Police Department, the Township Council may institute an action
for revocation, after notice and hearing, for any of the following
causes:
(1)
Fraud or misrepresentation in any application for a permit or license.
(2)
Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity.
(3)
A violation of any provision of this chapter.
(4)
Conviction of the licensee for any felony or high misdemeanor or
a misdemeanor or disorderly person's offense involving moral turpitude.
(5)
Conduct of the licensed activity, whether by the licensee himself
or his agents or employees, in an unlawful manner or such a manner
as to constitute a breach of the peace or a menace to the public health,
safety or general welfare.
D.
The Township Council shall weigh the evidence presented during the
hearing and shall determine to reject, revoke or suspend the license
if it is satisfied by a fair preponderance of the evidence that the
licensee has failed to establish the ability to conduct the requested
action without jeopardizing the public safety.
E.
Reinstatement of revoked licenses. The Township Council may instruct
the Township Clerk to issue another license to a person whose license
has been suspended or revoked if, after a hearing, it is satisfied
by clear and convincing evidence that the acts which led to the revocation
will not occur again; otherwise, no person whose license has been
suspended or revoked, nor any person acting for him, directly or indirectly,
shall be issued another license to carry on the same activity.
The granting of said license shall not authorize any person
except the person named in said license to engage in business thereunder,
and said license shall not be transferable from the person to whom
issued to any other person. A separate license must be obtained by
a licensee hereunder for every agent or employee working for him or
it.
Every person holding a license under this chapter shall be required
to carry the license with him while engaged in the business licensed.
That person must produce the license at the request of any person
solicited, a police officer or any official of the Township of Evesham.
All automobiles, wagons, carts or other vehicles used for canvassing,
hawking, peddling, soliciting or vending shall have affixed thereon
a license.
A.
To every person granted a license, the Township Clerk shall issue
a license certificate bearing the words "Evesham Township peddler's,
solicitor's and vendor's permit," together with the name of the licensee,
the number of the license and the year for which it is issued.
B.
The license shall be for a term of one calendar year expiring at
12:00 midnight of December 31 of the year issued, except where the
license application states that the time desired is to terminate prior
to December 31, and, in that event, the license shall expire at 12:00
midnight on the date requested in the application.
Every solicitor, hawker, peddler and canvasser shall be governed
by the following rules and regulations:
A.
No person or vehicle shall stand or be parked for the purpose of
display or selling goods, products or services on any public or private
property within a distance of 200 feet from the nearest public, private
or parochial school in Evesham Township during school hours. "School
hours" shall mean any time during which school may be in session.
B.
No person shall sell or attempt to sell in accordance with the terms
of this chapter, except as set forth in the preceding subsection,
before 9:00 a.m. or after 8:00 p.m. prevailing time. The aforesaid
time limitation shall not apply to persons who are expressly invited
into homes by the occupants thereof.
C.
No person shall park his vehicle or dispensing container for a period
of time longer than it takes to make a sale to a customer.
D.
No person or vehicle shall stand or be parked in a fixed location
for the purpose of displaying or selling goods, products or services
on any public or private property where to do so is likely to cause
a crowd, impede vehicular or pedestrian traffic or produce annoying
sounds, voices or disturbances which interfere with the comfort of
residents.
E.
No person shall strew or litter or cause to be strewn or littered
the public streets and highways with refuse or waste matter of any
kind or to in anywise interfere with the comfort or convenience of
the residents or business of the occupants or owners of adjacent property.
F.
All circulars, samples or other matter shall be handed to an occupant
of the property and not left on or about the same.
G.
No person shall enter or attempt to enter the house of any resident
in the township without an express invitation from the occupant of
the house.
H.
No person shall conduct themselves in such manner as to become objectionable
to or annoy an occupant of any house.
The terms of this chapter shall not be held to include the acts
of persons selling personal property at wholesale to dealers in such
articles.
No licensee shall have any exclusive right to any location in
the public streets. No licensee shall enter upon any public property,
including Township parks, for the purpose of peddling or soliciting
without express written consent of the Township.
The Township Clerk shall maintain a record for each license
issued and record the reports of violations therein.
A.
Notwithstanding any other part of this chapter, each resident of
the Township of Evesham may make an independent choice as to whether
that resident chooses to be canvassed or solicited.
B.
The Township Clerk will make available to all residents a sticker
which will make reference to this section of the chapter that will
declare that this resident has chosen not to be canvassed or solicited.
C.
The sticker shall be placed on the premises of the resident in a
place that is visible to the public. Any person that canvasses or
solicits a resident that has a sticker on display shall be in violation
of this chapter.
Any licensee who shall be guilty of any fraud, cheating or misrepresentation,
whether through himself or through an employee or agent, while acting
as a canvasser, hawker, peddler, solicitor or itinerant vendor in
the Township of Evesham or who shall barter, sell or peddle any goods
or products or services, other than those specified in his application,
shall be deemed guilty of a violation of this chapter.
Any person violating the terms of this chapter shall, upon conviction
thereof, be subject to a fine not exceeding $2,000 or to imprisonment
not exceeding 90 days, or both, in the discretion of the court.
