[HISTORY: Adopted by the Township Committee of the Township of Independence 2-9-1987
by Ord. No. 87-2 (Ch. 125 of the 1984 Code). Amendments noted
where applicable.]
This chapter is adopted to regulate the distribution of certain materials
and peddling, soliciting and related activities within the Township of Independence.
The licensing of persons engaged in the above-mentioned activities is required
so that the identity of persons going door-to-door or otherwise distributing
materials or food and beverages within the Township may be established, so
that general regulations may be more effectively enforced for the protection
and maintenance of the health, safety and welfare of the inhabitants of the
Township and to prevent dishonest business practices and dishonest solicitation
of funds in the Township.
As used in this chapter, the following terms shall have the meanings
indicated:
- CHARITABLE ORGANIZATION
- Any benevolent, philanthropic, patriotic, not-for-profit or eleemosynary group, association or charitable purposes. "Charitable organizations" include and are not limited to the following organizations; fire departments, first aid squads and religious organizations.
- CHARITABLE PURPOSE
- Any charitable, benevolent, philanthropic, patriotic or eleemosynary purpose.
- CONTRIBUTION
- The promise or grant of any money or property of any kind or value.
- ITINERANT MERCHANTS, TRANSIENT VENDORS and SALESMAN
- The category of peddler, hawker, vendor, solicitor or canvasser, as set forth herein.
- MERCHANDISING
- Includes all goods, wares, food, fruits, vegetables, farm products, magazines, periodicals and all kinds of articles of personal property for domestic use, including the distribution of product samples. Orders or contracts for a service, home improvement or alteration and market surveys shall be considered "merchandising" within the terms of this chapter.
- PEDDLER, HAWKER and VENDOR
- Any person who goes from house to house or from place to place without appointment, traveling on the streets and roads, engaged in the practice of merchandising of any nature whatsoever. The word "peddler" shall include the words "hawker" and "huckster."
- PERSON
- Includes the singular and plural and any person, firm or corporation, association, club, partnership, society or any other organization.
- SOLICITOR or CANVASSER
- Any person who goes from house to house or from place to place without appointment, traveling on the streets and roads, engaged in the practice of merchandising of any nature whatsoever. The words "solicitor" and "canvasser," however, shall not include wholesale salesmen calling on retail merchants.
- TOWNSHIP
- The Township of Independence.
It shall be unlawful for any peddler, solicitor, distributor, itinerant merchant, transient vendor, transient salesman, transient merchant, hawker or vendor to sell, offer for sale or distribute merchandise, printed material or services within the Township without first securing a license from the Clerk by filing an application for a license, paying a license fee and obtaining a license from said Clerk, in accordance with § 293-4.
At least 30 days prior to the date of period for which an applicant
seeks a license hereunder, all applicants 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.
The name and description of the applicant, including
date of birth, and driver's license number.
B.
The permanent home address and full local address, if
any, of the applicant.
C.
The name and address of the employer or firm representing,
together with credentials establishing the exact relationship.
D.
A brief statement of the nature of the business and a
description of the merchandise or service to be sold.
E.
The length of time for which the license is desired.
F.
The geographic area to be canvassed or solicited.
G.
If a vehicle is to be used, a description of such vehicle
and its license number.
H.
The place where the goods or property to be sold or offered
for sale are manufactured or produced, the place where such goods or property
are located at the time such application is filed and the proposed method
of delivery.
I.
A photograph of the applicant, recently taken, which
photograph shall clearly show the head and shoulders of the applicant and
shall measure two inches by two inches.
J.
Two business references located in the County of Warren,
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 such character and responsibility.
K.
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.
A.
This chapter shall not apply to:
(1)
Any veteran or exempt fireman who holds a special state
license.
(2)
Any person soliciting a vote or support for any political
candidate or program.
(3)
Any person soliciting for a bona fide charitable, religious, patriotic, community service or philanthropic purpose or organization. Any such organization exempt from the requirements of this chapter by this section shall nevertheless notify the Chief of Police prior to the commencement of its solicitation activities of the proposed time and place for conducting of such solicitation activities. Nothing herein, however, should be construed to alter the exempt status under this chapter of any such charitable organization as defined by § 293-2.
(4)
Any person engaged in delivering wares, goods and merchandise
or articles or things in the regular course of business to the premises of
the person ordering or entitled to receive the same.
(5)
Wholesale salesmen calling on businesses.
(6)
Public utility or its employees, which said public utility
is subject to regulation by the State Board of Public Utility Commissioners;
provided, however, that said employees shall display the identification badge
or card issued by their employer.
(7)
Any person selling fruits or farm products grown by himself
with or without the help of others.
(8)
Approved raffles: the sale and distribution of raffle
tickets for raffles approved by the Township.
(9)
Other activities: bazaars, fairs and/or flea markets
which do not involve any selling or traveling from house to house or place
to place or traveling on the streets and roads in the practice of merchandising.
The Township Clerk shall issue said license or permit within a period
of 10 days of the date of receiving the application, provided that the application
is complete and that there is nothing in the application to indicate that
the applicant's character or business responsibility is other than satisfactory
for carrying on said business with the Township of Independence. In the event
that the application is rejected, the Township Clerk shall note such rejection
on the application and return it to the applicant, along with his application
fee.
The fees for licenses under this chapter shall accompany the application
and shall be as follows:
|
Type of License
|
Fee
|
|---|---|
|
Annual
|
$75
|
|
Monthly
|
$25
|
|
Weekly
|
$10
|
|
Daily
|
$5
|
No person duly licensed shall hawk, peddle or solicit before 9:00 a.m.
or after 7:00 p.m., prevailing time, nor at any time on the day commonly called
"Sunday."
No license issued under the provisions of this chapter shall be used
at any time by any person other than the one to whom it was issued.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Township Committee after notice and hearing for any
of the following causes:
(1)
Fraud, misrepresentation or false statements contained
in the application for license.
(2)
Fraud, misrepresentation or false statements made in
the course of carrying on his business as peddler.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of peddling 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 general public.
B.
Notice of the hearing of revocation of a license shall
be given in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage prepaid,
to the licensee at his last known address at least five days prior to the
date set for the hearing.
Any person aggrieved by the action of the Clerk in the denial of an
application for a license as provided in this chapter shall have the right
of appeal to the Township Committee within 25 days after notice of the action
complained of has been mailed to such person's last known address, by a written
statement setting forth fully the grounds for the appeal. The Township Committee
shall set the time and place for a hearing on such appeal, and notice of such
hearing shall be given to the appellant. The decision and order of the Township
Committee on such appeal shall be final and conclusive.
No licensee shall:
A.
Attempt to peddle, solicit or distribute merchandise
or printed material without first having identified himself as a peddler,
solicitor or distributor registered with the Township and displayed his license.
B.
Have exclusive right to any location in the public streets
or operate in any congested area in such a manner as to impede the flow of
traffic or of pedestrians or create a breach of the peace.
C.
Enter or attempt to enter the land of any resident in
the Township where such resident has posted a notice prohibiting such entry.
D.
Refuse to leave any private dwelling or property after
having been once requested to do so by the owner or occupant thereof.
E.
Shout, cry out, blow a horn, ring a bell or use any sound-making
or amplifying device on any of the streets, parks or public places of the
Township or upon private premises where sound of sufficient volume is emitted
or produced therefrom to be capable of being plainly heard upon the private
premises, for the purpose of attracting attention to any merchandise or services,
without first obtaining written authorization for the same from the appropriate
Township official.
F.
Distribute obscene merchandise or printed material or
that which advocates unlawful conduct.
G.
Litter the streets, public places or public or private
property within the Township with any merchandise or printed material.
Every license or permit shall remain in force and be valid only for
the time thereon expressed. All yearly licenses shall run until December 31
of any given year. All monthly licenses shall run from the first day of the
month in which the license is issued.
For violation of any provision of this chapter, the penalty, upon conviction,
shall be a minimum fine of $100 and a maximum penalty of one or more of the
following: a fine not exceeding $2,000, imprisonment not exceeding 90 days
or a period of community service not exceeding 90 days. Except as otherwise
provided, each and every day in which a violation of any provision of this
chapter exists shall constitute a separate violation.
The Township Clerk shall maintain a record of all licenses issued under
the provisions of this chapter and shall record therein all convictions for
violations of this chapter and other pertinent circumstances and incidents
reported by the Chief of Police.