[HISTORY: Adopted by the Borough Council
of the Borough of Haledon 5-10-1971 by Ord. No. 4-12-71A (Ch. 127 of the 1984
Code). Amendments noted where applicable.]
[Amended 12-18-2008 by Ord. No. 11-13-2008]
It shall be unlawful for any solicitor or canvasser,
as hereinafter defined, to engage in such business within the Borough
of Haledon without first obtaining a license therefor in compliance
with the provisions of this chapter. The provisions of this chapter
shall not apply to nonprofit, religious and/or political groups.
As used in this chapter, the following terms
shall have the meanings indicated:
Any individual, whether a resident of the Borough of Haledon
or not, traveling either by foot or by any other type of conveyance
from place to place, from house to house or from street to street,
taking or attempting to take orders for the sale of goods, wares and
merchandise, personal property of any nature whatsoever for future
delivery, or for services to be furnished or performed in the future,
whether or not such individual is carrying or exposes for sale a sample
of the subject of such sale or whether he is collecting advance payment
on such sale or not. The language of this definition shall not include
wholesale salesmen who periodically call upon retail merchants.
[Amended 12-27-2007 by Ord. No. 11-29-2007]
Applicants for licenses under this chapter must
file with the Chief of Police sworn applications in writing, in duplicate,
on a form to be furnished by the Chief of Police, 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.
Brief description of the nature of the business and
goods to be sold.
D.
If employed, the name and address of the employer,
together with a written authorization from the employer authorizing
the applicant to act on its behalf.
E.
The length of time for which the right to do business
is desired.
F.
The place where the goods and property proposed to
be sold or orders taken for the sale thereof are manufactured or produced,
where such goods or products are located at the time said application
is filed and the proposed method of delivery.
G.
Three photographs of the applicant taken within 60
days immediately prior to the date of filing of the application, which
pictures shall be two inches by two inches, showing the head and shoulders
of the applicant in a clear and distinguishing manner.
H.
The fingerprints of the applicant.
I.
The names of at least two references who will certify
as to the applicant's good character and business responsibility,
or in lieu thereof, such other available evidence as to the good character
and business responsibility of the applicant as will enable the Chief
of Police to properly evaluate such character and business responsibility.
J.
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation of any municipal
ordinance, the nature of the offense, the time and place of conviction
and the punishment or penalty assessed therefor.
At the time of filing the application, a fee
of $10 shall be paid to the Chief of Police to cover the costs of
the investigation of the facts stated therein and the issuance of
the license. In the case of renewal of a license, the fee shall be
$5.
Upon receipt of such application, the Chief
of Police shall cause such investigation of the applicant's business
and moral character to be made as he deems necessary for the protection
of the public good. If as a result of the investigation the applicant's
character or business responsibility is found by the Chief of Police
to be unsatisfactory and the issuance of the license deemed to be
contrary to the public good, the Chief of Police shall endorse on
such application his disapproval and his reason for the same and shall
notify the applicant that his application is disapproved. In the case
of disapproval of an application by the Chief of Police, the applicant
shall have a right of appeal to the Mayor and Council. The appeal
shall be taken by a written notice of appeal filed with the Borough
Clerk within 10 days after the written disapproval by the Chief of
Police. Upon the taking of such an appeal before the Mayor and Council,
the applicant shall have the burden of proving that the action of
the Chief of Police was arbitrary, capricious and unreasonable. If
the applicant requests a formal hearing, such a hearing shall be afforded
by the Mayor and Council at the next regularly scheduled meeting after
the filing of the notice of appeal.
If as a result of the review of the application
and conduct of an appropriate investigation, the character and business
responsibility of the applicant are found to be satisfactory by the
Chief of Police, he shall endorse upon the application his approval
and shall issue a license to the applicant. The license shall contain
the signature of the Chief of Police and shall show the name and address
and photograph of the applicant, the kind of goods to be sold thereunder,
the date of issuance and the length of time the license shall be operative.
The Chief of Police shall keep a permanent record of all licenses
issued by him.
The Chief of Police shall also issue to each
licensee, at the time of delivery of his license, a badge which shall
contain the words "Licensed Solicitor" and which shall indicate the
period for which the license is issued and the kind of goods to be
sold thereunder. The said badge shall also contain a two-by-two-inch
photograph of the licensee. Such badge shall, during the time the
licensee is engaged in soliciting, be worn constantly by the licensee
on the front of his outer garment in such a way as to be conspicuous.
A license shall be valid for a period of six
months and may be renewed from time to time for additional periods
of six months each. Where a license is sought to be renewed, the application
for a renewal shall be sworn to be the applicant and he shall indicate
whether any of the facts given in the initial application have changed,
and if there have been changes of facts, then all of those changes
shall be set forth with particularity in the application for renewal.
No photographs shall be required in an application for renewal.
Every licensee, in addition to exhibiting his
badge, at all times shall be required to exhibit his license if requested
by any citizen being solicited.
It shall be the duty of the members of the Police
Department of the Borough of Haledon to require any person seen soliciting
or canvassing and who is not known by such officer to be duly licensed
to produce his solicitor's or canvasser's license and to enforce the
provisions of this chapter against any person found to be violating
the same.
Any license issued pursuant to this chapter
may be revoked by the Mayor and Council of the Borough of Haledon,
after notice of hearing, for any of the following reasons:
A.
Fraud, misrepresentation or false statement contained
in the application for a license.
B.
Fraud, misrepresentation or false statement made in
the course of carrying on his business as solicitor or canvasser.
C.
Any violation of this chapter.
D.
Conviction of any crime or misdemeanor involving moral
turpitude.
E.
Conducting the business of soliciting or canvassing
in an unlawful manner or in such a manner as to constitute a breach
of the peace or constitute a menace to the health, safety or general
welfare of the public.
Notice of hearing on the revocation of a license
shall be given in writing, setting forth the grounds of complaint
and the time and place of the hearing, and shall be mailed, certified
mail, to the licensee at his address as set forth in the application
at least five days prior to the date set for hearing. In addition
to the right of revocation by the Mayor and Council upon notice and
hearing, the Chief of Police shall have the right to temporarily suspend,
pending hearing, any license issued under this chapter if such temporary
suspension is deemed by the Chief of Police necessary to protect the
health, safety or general welfare of the public. A temporary suspension
by the Chief of Police shall be valid for a period not to exceed 15
days or until a hearing is held by the Mayor and Council, whichever
is sooner.
[Amended 6-13-1984 by Ord. No. 5-9-84F]
Any person violating any of the provisions of
this chapter shall be subject to a fine not exceeding $500 or be imprisoned
in the county jail for a period not exceeding 90 days, or both, for
each and every offense. Each solicitation contrary to the provisions
of this chapter shall be deemed a separate offense.
