A.
APPLICANT
CANVASSER
EMPLOYEE
GOODS and/or SERVICES
ITINERANT VENDOR
LICENSE
SOLICITATION or SOLICIT
As used in this article, the following terms shall have the meanings
indicated:
A person or entity seeking to obtain a license for commercial
solicitation.
Any person who travels, either by foot or automobile or any
other type of conveyance, from place to place, from house to house
or from street to street to seek or develop support for, to conduct
market research about, to determine feelings or opinions about, to
conduct a survey about, or explain a position about and on behalf
of any commercial product, commercial cause or commercial organization.
Any individual receiving compensation, in any form whatsoever,
from an entity for engaging in solicitation within the Township.
Includes but is not limited to food (including but not limited
to ice cream, refreshments and farm products), magazines and periodicals,
advertisements, commercial handbills, personal property, coupons,
products, merchandise, wares, orders or contracts for a service, home
improvement or alterations.
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 is collecting advance payments on such sales; but
shall not include wholesalers calling on retail merchants.
A license for commercial solicitation issued by the Township
of Manalapan pursuant to the provisions of this article.
To go in or upon the streets, roads, and semiprivate and
private property in the Township of Manalapan without having been
invited to do so by the owner or occupant of the property, for the
purpose of advertising, promoting or selling any products, goods or
services or conducting market research or a market or opinion survey
regarding commercial goods or services. Solicitors shall include but
shall not be limited to itinerant vendors, peddlers, hawkers and canvassers
of commercial products or services. Solicitation shall include the
placement upon private property of handbills or other written material
advertising goods or services for sale. Solicitation shall also include
the sale of goods or services which the solicitor promises to donate
or deliver to a charitable or other nonprofit institution on behalf
of the purchaser.
B.
Word usage. For the purpose of this article, words and phrases shall
be interpreted as follows:
(1)
Words used in the present tense shall include the future tense;
(2)
Words used in the singular include the plural, and, conversely, words
in the plural include the singular;
(3)
The word "shall" is mandatory and not discretionary; and
(4)
Use of the masculine gender shall include the feminine gender.
Except as otherwise provided in § 169-3 hereof, it shall be unlawful for any person to solicit, sell or dispose of or to offer to sell or dispose of any goods, or to solicit orders for the performance of any service or to engage in commercial canvassing within the corporate limits of the Township of Manalapan without first obtaining a license therefor in compliance with the provisions of this article. Such license shall not be transferable from the person to whom issued to any other person. A separate license shall be obtained by each solicitor, itinerant vendor, hawker, peddler or canvasser for every agent or employee working for him.
The requirements of this article shall not apply to the following:
A.
Any person honorably discharged from the military service who has
a license under N.J.S.A. 45:24-9 et seq.
B.
Any person who is an exempt firefighter of a volunteer fire department,
as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing a license
in conformity with said law.
C.
Any public utility or its employees, which said utility is subject
to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employee shall display the identification
badge or card issued by his/her employer.
D.
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 ordered the same or were entitled to receive
the same by reason of a prior agreement.
E.
Any individual engaged in the delivery of newspapers.
F.
Commercial selling agents calling upon commercial establishments
in the usual course of business.
H.
Any charitable organization that shall conduct sales when the proceeds
thereof shall be applied to the expenses of said organization.
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 said Clerk, which shall give the following
information:
A.
Name and description of the applicant.
B.
Permanent home address and full local address of the applicant.
C.
A brief statement of the nature of the business and a description
of the merchandise or service to be sold or canvassed for.
D.
If employed, the name and address of the employer.
E.
The length of time for which the license is desired.
F.
If a vehicle or vehicles are to be used, a description of such vehicle(s)
and license number.
G.
The place where goods or property to be sold or offered for sale
are manufactured or produced, where such goods or property are located
at the time such application is filed and the proposed method of delivery.
H.
Two photographs of the applicant taken within 60 days immediately
prior to the date of the application, which photograph shall clearly
show the head and shoulders of the applicant and shall measure two
inches by two inches, which may be waived in a renewal application.
I.
Two business or banking references located in the State of New Jersey.
J.
A statement as to whether the applicant has been convicted of any
crime, disorderly persons offense or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
The license fee payable under this article shall be the sum
of $50 for each license and shall be paid at the time the application
is submitted. The license fee is nonrefundable.
Each applicant for a license shall secure through Morpho Trak,
Inc., or other approved private agency a criminal history background
check, conducted not more than 14 days prior to the filing of the
application. Such criminal history background check must be submitted
(as part of the application) directly from the private agency to the
Chief of Police. The criminal history background check shall be in
sufficient detail and scope to reveal any criminal history recorded
with the State Bureau of Identification or with the Federal Bureau
of Investigation and to allow the Chief of Police to reach an informed
decision as required by this article.
A.
A person or individual shall be disqualified from obtaining a license
or acting under the auspices of a license issued for the purpose of
peddling, soliciting and canvassing if that person's criminal
history background reveals a record of conviction of any crime or
disorderly offense.
(1)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq. (criminal homicides);
N.J.S.A. 2C:12-1 et seq. (assault; reckless endangering; threats);
N.J.S.A. 2C:13-1 et seq. (kidnapping and related offenses); N.J.S.A.
2C:14-1 et seq. (sexual offenses); or N.J.S.A. 2C:15-1 et seq. (robbery);
or
(2)
Against the family, children or incompetents, meaning those crimes
and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq.;
or
(3)
Involving theft as set forth in Chapter 20 of Title 2C of the New
Jersey Statutes; or
(4)
Involving any controlled dangerous substance or controlled substance
analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes,
except for N.J.S.A. 2C:35-10a(4) (minimal amounts of marijuana or
hashish).
(5)
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes or disorderly person's
offenses described herein.
B.
In the event a charge is pending against a person, that person shall
be temporarily disqualified from obtaining a license pending the resolution
of that charge. If such charge results in a conviction of a crime
or disorderly person's offense described herein which would disqualify
the person from receiving such a license, the person shall be deemed
disqualified as of the date of conviction.
C.
If a pending charge is for an offense which would serve to disqualify
the person from receiving such a license upon conviction, the person
shall report the pending charge on the earliest of his/her submission
to the criminal history background check or the date he/she learns
of the charge. The individual shall also report the disposition of
the charge immediately upon receiving notice of said disposition.
D.
The Manalapan Police Chief shall be authorized to conduct any additional
investigation which in his discretion he deems appropriate in order
to obtain accurate information in regard to the criminal history background
check.
The Chief of Police or his representative shall examine all applications filed under the provisions of this article and shall cause to be made such investigation of the application and the applicant as said Chief of Police shall deem necessary in order for him to perform his duties under this article. Upon request by the Chief of Police, the applicant shall make available for inspection by said Chief of Police, or his representative, all of the applicant's books, records and papers at any reasonable time before the application is granted. The Chief of Police shall notify the applicant of the issuance or denial of the license no later than 10 working days after the submission of the application. If said license cannot be issued or denied within 10 working days, the Chief of Police shall so notify the applicant, in writing, and the application shall be deemed denied, subject to approval upon completion of the investigation, and said denial shall be appealable pursuant to § 169-9 of this article.
The applicant may appeal a denial by the Chief of Police or
his representative of the permit to the Township Administrator. A
notice of appeal shall be filed with the Township Clerk not more than
10 business days after notification of denial has been mailed by certified
mail, return receipt requested. The Township Administrator shall conduct
a hearing on said appeal no later than 15 business days after the
notice has been filed and shall render written findings of fact and
conclusions no later than 15 business days after the completion of
said hearing. Said appeal shall be de novo, and the applicant shall
bear the burden of proof at such appeal. The decision of the Township
Administrator on such appeal shall be final and conclusive.
The Chief of Police shall approve the issuance of the license
provided for in this article whenever he shall find the following
facts to exist:
A.
That all the statements made in the application are true.
B.
That the applicant is of good character and has a reputation for
honesty and integrity or, if the applicant is not an individual person,
that every member, managing officer or agent of the applicant is of
good character and has a reputation for honesty and integrity.
C.
That the control and supervision of the solicitation will be under
responsible and reliable persons.
D.
That the applicant has not engaged in any fraudulent transaction
or enterprise.
E.
That the solicitation will not be a fraud on the public.
A.
When the aforesaid application is properly filled out and signed by the applicant, approved by the Chief of Police or his designee in accordance with § 169-10 and the license fee is paid, the Township Clerk shall issue the license to the applicant, provided that the Board of Health shall have theretofore issued a food handler's license, if required.[1]
B.
Such license shall contain the signature of the issuing officer and
shall show the name, address and photograph of the licensee, the type
of license issued, the kinds of good or services to be sold thereunder,
the date of issue, the length of time the license shall be operative
and the license number and other identifying description of any vehicle
used in the peddling, soliciting or canvassing activity permitted.
Each individual and/or member of any organization permitted
to conduct solicitations shall attach and display, on the front outer
layer of his/her clothing, a badge to be applied by the Township.
There shall be a fee of $10 for each badge. The badges shall be lettered
and delivered by the Clerk and shall be uniform in style and design.
The following information shall be printed on the badge:
A.
Name of the solicitor;
B.
Name and address of the organization on whose behalf the solicitation
is made. The municipal and state address of the organization shall
be the most conspicuous writing on the badge and shall be at least
twice as large as any other printed matter contained on the badge;
C.
Expiration date of the license;
D.
A statement that the Township of Manalapan has licensed the solicitation
but neither approves nor disapproves of the organization and/or its
activities.
E.
Photograph of solicitor.
Every person issued a license under this article shall conduct
himself according to the following code of conduct:
A.
He shall not enter or remain on any resident's property that is on the "Do Not Solicit" List (See Article III of this chapter.) or upon property on which it is posted that solicitors are not permitted.
B.
He shall display his credentials in the manner as described in § 169-12 and to any occupant or owner of any property upon which he has entered.
C.
He shall not enter or attempt to enter any dwelling unit without
express invitation from the occupant therein.
D.
He will immediately leave the resident's property upon request
by the resident to do so.
F.
He shall not indicate that the Township endorses or sponsors any
of the views expressed or the organization for which support or contributions
are sought.
G.
He shall not make false claims, misrepresentations or materially
incorrect statements concerning the solicitation, organizations represented
or the use to be made of the amount solicited.
H.
He shall not engage in any course of alarming conduct or conduct
himself so as to alarm or seriously annoy the occupant of the dwelling.
I.
He shall not engage in any conduct which is prohibited by any statute,
regulation or ordinance in effect in the Township of Manalapan.
J.
He shall have in his possession at all times a copy of the "Do Not Solicit" List (See Article III of this chapter.) that is no more than two weeks old. A current copy of the updated "Do Not Solicit" List is accessible on the Township's official website.
K.
Every such licensee shall restrict his activity within the Township
of Manalapan to the hours between 9:00 a.m. and 7:00 p.m., prevailing
time, on Mondays through Saturdays.
A.
No peddler, commercial or itinerant vendor shall conduct or attempt
to conduct his business at any residence or on any property on which
is posted a sign expressly prohibiting such activity.
B.
No person regulated hereunder, nor a holder of a license under the
authority of N.J.S.A. 45:24-9, shall hawk, peddle or vend any goods,
wares or merchandise, including but not limited to food, ice cream
and soft drinks, within 1,000 feet of any store, establishment or
machine, selling, vending or dispensing the same or substantially
similar goods, wares or merchandise.
C.
No person regulated hereunder, nor a holder of a license under the
authority of N.J.S.A. 45:24-9, shall hawk, peddle or vend any goods,
wares or merchandise, including but not limited to food, ice cream
and soft drinks in any municipal park or other place of recreation
or cultural activity or upon any public street or right-of-way thereof
adjacent to such municipal park or place of recreational or cultural
activity.
D.
No person shall shout, make any outcry, blow a horn, or use any loudspeaker,
radio or sound-amplifying system upon any of the streets, alleys,
parks or other public places of the Township or upon any private premises
where sound of sufficient volume is emitted or produced therefrom
to be capable of being plainly heard upon the streets, avenues, alleys,
parks or other public places for the purposes of attracting attention
to any goods, wares or merchandise which such licensee proposes to
sell.
E.
No person shall have exclusive right to any location in or upon the
public streets or rights-of-way thereof, nor shall any vested rights
arise from the use of any location, and no person shall be permitted
to operate in any location or area where his presence presents a public
hazard, danger or inconvenience, contributes to vehicular or pedestrian
congestion or constitutes a public nuisance.
F.
No person shall, directly or indirectly, solicit contributions for
any purpose by misrepresentation of his name, occupation, financial
condition, social condition or residence, and no person shall make
or perpetrate any other misstatement, deception or fraud in connection
with any solicitation of any contribution for any purpose in the Township
of Manalapan or in any application or report filed under this article.
It shall be the duty of any police officer of the Township of
Manalapan or the Code Enforcement Officer to enforce the provisions
of this article.
The Township Clerk shall maintain a record of all licenses issued
under the provisions of this article and shall record therein all
convictions for violations of this article and other pertinent circumstances
and incidents reported by the Chief of Police.
A.
Licenses issued under the provisions of this article may be revoked
by the Township Clerk, in writing, for any of the following causes:
(1)
Fraud, misrepresentation or false statements contained in the application
for license.
(2)
Fraud, misrepresentation or false statements by the licensee in the
course of conducting the business licensed.
(3)
Any violation of this article.
(4)
Conviction of any crime or offense involving moral turpitude.
(5)
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.
(6)
Any conviction of the permit holder, its employees, agents or representatives
of a violation of any provisions of this article shall be prima facie
grounds for revocation.
All licenses issued under the provisions of this article shall expire within one year after issuance. Any such license may be renewed upon payment of the license fee as stated in § 169-5 and upon submission by the licensee of a new application in conformity with the requirements of § 169-4 of this article or, in lieu thereof, a sworn statement, in writing, setting forth all changes in the information contained in the application for the expired license which are necessary to bring said application completely up to date.
Any person violating any of the provisions of this article,
or filing or causing to be filed an application for a license under
this article containing false or fraudulent misstatement, shall be
subject to a fine of not more than $1,000 or be imprisoned for a term
not exceeding 90 days, or both, in the discretion of the court.
