[Adopted 2-11-1988 by Ord. No. 1-88]
As used in this article, the following terms
shall have the meanings indicated:
The practice of going from house to house or business to
business for the purpose of distribution of literature, pamphlets,
handbills and the like for the purpose of distributing information
or seeking support for a cause, specifically including but not limited
to political campaigning, circulation of a petition and the seeking
of contributions for a cause.
The practice of going from house to house for the purpose
of seeking orders, subscriptions or the purchase of any goods, wares
or merchandise, including but not limited to direct sales and taking
orders for future deliveries. "Trade solicitation" shall include but
not be limited to persons who display wares or merchandise for retail
sale to the public while conducting such business from a hotel or
motel room. "Trade solicitation" shall not include persons who display
wares or merchandise for retail sale from a hotel or motel room if
such sales are not made available to the general public and the business
is in the nature of what is commonly known as a "trade show."
[Amended 10-23-2008 by Ord. No. 28-08]
No person shall engage in trade solicitation
without obtaining a license from the Hanover Township Detective Bureau.
The procedure for obtaining a license shall be as set forth in this
article.
[Amended 7-11-1991 by Ord. No. 16-91; 9-10-1992 by Ord. No. 31-92; 1-24-2013 by Ord. No. 2-13]
A.
The applicant shall submit to the Hanover Township Detective Bureau
a completed trade solicitor's license application form. Such forms
shall be kept on file by the Detective Bureau and shall be made available
upon request.
B.
The trade solicitor's license application form shall contain space
for the following information:
(1)
The applicant's full name, place and date of birth and social security
number.
(2)
The applicant's permanent home address and the applicant's addresses
for the past three years.
(3)
The organization or company, if any, upon whose behalf solicitation
is being conducted and its address, including verification of such,
which may be satisfied by submission of a letter to that effect upon
company letterhead.
(4)
A description of any vehicle to be used and its license plate number.
(5)
The route planned to be taken by the solicitor and a corresponding
list of days the person will be soliciting along that route.
(6)
A statement as to whether or not the person has ever been convicted
of a crime, disorderly persons offense, misdemeanor or violation of
municipal ordinance, the nature of the offense and the penalty imposed
therefor.
(7)
The name and address of two New Jersey residents as references who
will certify as to the good character and business responsibility
of the applicant.
(8)
A list of the last five municipalities in which the applicant has
conducted trade solicitations.
(9)
Proof of a current New Jersey sales tax identification number.
C.
The Detective Bureau shall conduct an investigation of the applicant.
The investigation shall include the fingerprinting of the applicant.
Upon review of the application, the Chief of Police shall determine
as to the good character and business responsibility of the applicant.
In making such determination, the Chief of Police shall review the
solicitor's license application and the investigation file compiled
pursuant to this subsection. If the Chief of Police denies the application
for a license, he shall set forth in writing his reasons therefor,
which writing shall be submitted to the applicant.
D.
The Chief of Police shall either grant or deny issuance of a license within 20 days after submission of a completed solicitor's license application. The Detective Bureau shall issue a license to the applicant upon receipt of approval of same by the Chief of Police and upon receipt of payment of a fee as provided in Chapter 125, Fees, of the Code of the Township of Hanover. The applicant shall obtain a laminated identification card from the Detective Bureau and shall wear it at all times while soliciting. If the applicant is dissatisfied with the decision of the Chief of Police, he may appeal that decision to the Township Committee by requesting a hearing, in writing, and filing the request with the Detective Bureau. Said hearing shall be scheduled by the Township Committee and shall be conducted within 14 days of the receipt of said request by the Detective Bureau, if there is a regularly scheduled Township Committee meeting scheduled to be held within 14 days. If there is no meeting scheduled to be held within 14 days, then the hearing must occur no later than the next regularly scheduled Township Committee meeting. After the hearing, the Township Committee shall, by majority vote, either affirm or overrule the decision of the Chief of Police. If the decision is affirmed, no license shall be issued. If the decision is overruled, the Detective Bureau shall immediately cause said license to be issued.
E.
Revocation of license; appeal.
(1)
The license issued to any person may be revoked at any time by the
Chief of Police if:
(a)
Any section of this chapter is violated.
(b)
The holder of such license is convicted of any crime.
(c)
The holder of such license conducts himself/herself so as to
create a public disturbance.
(d)
The holder of such license is guilty of fraudulent acts.
(e)
The holder of such license has or establishes a record of continual
breaches of solicited contracts.
(f)
The holder of such license conducts business in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
(g)
The holder of such license is guilty of fraud, misrepresentation
or false statements in the license application.
(2)
The holder of any license to be revoked shall be notified, in writing,
by the Chief of Police of the revocation and the reasons therefor.
If the holder of any license so revoked is dissatisfied with the decision
of the Chief of Police, he/she may appeal the decision to the Township
Committee by requesting, in writing, a hearing. Such request must
be filed with the Township Clerk. The Township Committee shall conduct
said hearing within 14 business days of the filing of the request.
(3)
The Township Committee shall, by majority vote, either affirm or
override the revocation by the Chief of Police.
[Amended 7-11-1991 by Ord. No. 16-91; 10-23-2008 by Ord. No.
28-08]
[Amended 9-10-1992 by Ord. No. 31-92; 10-23-2008 by Ord. No.
28-08]
The following persons shall not be subject to
the licensing requirements of this chapter:
A.
Any veteran of the United States Armed Forces who
has obtained a license from the Clerk of Morris County pursuant to
N.J.S.A. 45:24-9 et seq.; provided, however, that such person shall
obtain an identification card from the Hanover Township Police Department,
which card shall be provided without charge.
B.
Any public utility or its employees, where said public
utility is subject to regulation by the New Jersey Board of Regulatory
Commissioners.
[Amended 8-26-1993 by Ord. No. 32-93; 1-24-2002 by Ord. No.
1-2002; 10-23-2008 by Ord. No. 28-08]
Every trade solicitor or canvasser shall restrict
his/her door-to-door activities to the hours between 9:00 a.m. and
9:00 p.m. on Mondays through Saturdays.
This article shall not apply to anyone distributing
literature, handbills, pamphlets and the like from person to person
in any public forum such as a public park or sidewalk, but nothing
in this article shall be construed to have any effect upon enforcement
by the police of traffic laws or other laws in the event that there
is a violation of any such laws.
No trade solicitor or canvasser shall enter
onto any property on which is located a sign or signs stating "no
solicitors" or carrying a similar message forbidding the entry of
any persons onto the property.
[Added 3-11-2004 by Ord. No. 4-2004]
A.
Collection, preparation and maintenance of a nonsolicitation
list. The Office of the Business Administrator/Township Clerk shall
collect, prepare and maintain a list of addresses of those premises
where the owner and/or occupant has notified the Township Clerk that
soliciting and canvassing is not permitted on his/her premises. To
be included on the nonsolicitation list, residents shall complete
a form. With the adoption of this section, the Office of the Township
Clerk shall mail the form to all residential property owners or occupants.
Thereafter, the form shall be available in the Municipal Building's
General Office during normal business hours, Mondays through Fridays
from 8:30 a.m. to 4:30 p.m., except on weekends and legal holidays.
B.
The Business Administrator/Township Clerk and/or the
Deputy Township Clerk shall submit the nonsolicitation list to the
Chief of Police on a quarterly basis, which nonsolicitation listing
shall be distributed to applicants seeking a license to solicit or
canvass pursuant to the provisions of this chapter. The licensee shall
not solicit or canvass at any address on the nonsolicitation list.
C.
Updating of nonsolicitation list. On or about January
1, April 1, July 1 and October 1 of each year, the Office of the Township
Clerk shall update the list. The updated list shall then be forwarded
to the Chief of Police for distribution to solicitors and/or canvassers.
No operator of a temporary, stationary or mobile
stand or cart shall park or stop same within the width of the right-of-way
of a public street within the Township of Hanover.
Licenses shall not be transferable and must
be surrendered after expiration. Licenses shall be valid for a period
of one year from the date of issuance.
[Amended 7-11-1991 by Ord. No. 16-91]
Any person who violates any provision of this
article shall, upon conviction thereof, be punishable by a fine not
exceeding $1,000 or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
