[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Jefferson 8-16-1965 by Ord. No. 187 (Ch. 69 of the 1967 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Includes all goods, wares, food, fruit, vegetables, farm products, magazines, periodicals and all kinds of articles of personal property for domestic use; and orders or contracts for a service home improvement or alterations shall be considered merchandise within the terms of this chapter.
- Any person who goes from place to place by traveling on the streets and roads or from house to house carrying, conveying or transporting goods, wares or merchandise for the purpose of selling and delivering them to customers. The word "peddler" shall include the words "hawker" and "huckster."
- Includes the masculine and the feminine and the singular and the plural and shall be construed to mean and include any individual, firm, partnership, corporation, association, club or any other organization, or any principal or agent thereof.
- 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; the word "solicitor" shall include the word "canvasser"; provided, however, that this definition shall not include wholesalers calling on retail merchants.
The purpose of this chapter is to prevent fraud, crime and unethical and dishonest business practices. The fees to be charged for the issuance of licenses are not to be considered as revenue but are charged for the purpose of covering the expense of investigation and regulating the conduct of the licenses.
Except as otherwise provided in § 359-4 hereof, it shall be unlawful for any solicitor, hawker or peddler to sell or dispose of or to offer to sell or dispose of, any goods, wares or merchandise, or to solicit orders for the performance of any service, within the corporate limits of the Township of Jefferson, without first obtaining a license therefor in compliance with the provisions of this chapter. Such license shall not be transferable from the person to whom issued to any other person. A separate license shall be obtained by a licensed solicitor, hawker or peddler for every agent or employee working for him.
The requirements of this chapter shall not apply to the following:
Any charitable or religious society that shall conduct sales of personal property when the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable or religious object for which the society exists.
Any person honorably discharged from the military services of the United States possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and 45:24-10.
Any person who is an exempt fireman 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.
Any public utility or its employees, which said public utility is subject to regulation by the State Board of Public Utility Commissioners; provided, however, that such employees shall display the identification badge or card issued by his employer.
Any person selling fruits and farm products grown by himself, with or without the help of others.
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 previously ordered the same or were entitled to receive the same by reason of a prior agreement.
Any school, political or civic organization, benevolent society, service club, or organization not for profit which is located in, or has a substantial membership from Jefferson Township.
Every applicant for a license under this chapter 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:
Name and description of the applicant.
Permanent home address and full local address of the applicant.
A brief statement of the nature of the business and a description of the merchandise or service to be sold.
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
The length of time for which the license is desired.
If a vehicle is to be used, a description of such vehicle and its license number.
The place where the 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.
A photograph 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.
Two business references located in the County of Morris, 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.
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.
[Amended 11-6-1991 by Ord. No. 28-91; 12-5-2001 by Ord. No. 35-01; 6-27-2012 by Ord. No. 9-12]
At the time the application is filed, a fee of $125 shall be paid to the Township Clerk to cover the cost of processing the application and investigating the facts stated therein.
When the aforesaid application is properly filled out and signed by the applicant, the original and duplicate thereof is filed with the Township Clerk; the Clerk shall refer the original to the Chief of Police who shall make, or cause to be made, such investigation of the applicant's business responsibility and moral character as he deems necessary for protection of the public good.
If, as a result of such an investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons therefor and return said application to the Township Clerk who shall notify the applicant that the application is disapproved and that no license shall be issued. Any determination by the Chief of Police that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
Conviction of a crime involving moral turpitude.
Prior violation of a peddling or soliciting ordinance.
Previous fraudulent acts or conduct.
Record of breaches of solicited contracts.
Concrete evidence of bad character. In the absence of any such finding, the Chief of Police shall find the application satisfactory.
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, execute a license addressed to the applicant to conduct the business applied for and return said license, with the application, to the Township Clerk who shall deliver the license to the applicant. Such license shall be issued by the Jefferson Township Police Department and shall contain the signature of the issuing officer and shall show the name, address and photograph of the licensee, the class of license issued, the kind of goods 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 and soliciting activity licensed. Licenses shall not be transferable and must be surrendered after expiration before a renewal license can be issued.
[Amended 6-27-2012 by Ord. No. 9-12]
The Township Clerk shall issue to each licensee at the time of delivery of his license a badge which shall show the nature of the license in letters and figures easily discernible from a distance of 10 feet. Such badge shall, during the time such licensee is engaged in peddling or soliciting, be worn constantly by the licensee on the front of his outer garment in such a way as to be visible to a person facing him.
Editor’s Note: Former Subsection D, which provided that licensees using vehicles in connection with their business would have affixed thereon a metal plate bearing the words “licensed peddler,” “licensed hawker,” “licensed solicitor,” “licensed canvasser,” with a number and year for which it was issued, was repealed 6-27-2012 by Ord. No. 9-12.
Every holder of a peddler's or solicitor's license issued by the Township Clerk under the authority of this chapter or by the Clerk of the County of Morris under the authority of N.J.S.A. 45:24-9 shall be required to carry such license with him while engaged in the business or activity licensed within the corporate limits of the Township of Jefferson. He shall produce such license at the request of any official of said Township or of any resident of said Township with whom he wishes to conduct his said business or activity. Every such licensee shall restrict his selling activity within Jefferson Township to the hours between 9:00 a.m. and 5:00 p.m. prevailing time on Mondays through Saturdays, shall notify the police officer on duty at least once in every week in which he plans to conduct said activity, and before commencing his selling or soliciting activity. Such notification shall include a statement of the general area of the Township of Jefferson in which the licensee intends to conduct said activity, and a schedule of dates and times when said activity shall be conducted. The licensee shall notify the police officer on duty of any change in area or time of solicitation, should such changes be made during the week.
[Amended 12-3-2003 by Ord. No. 41-03]
No peddler or solicitor shall call attention to his business or to his merchandise by crying out, blowing a horn, ringing a bell, other than the doorbell of a building or by any other loud or unusual noise. No peddler or solicitor shall conduct, or attempt to conduct, his business at any residence or on any property which is posted a sign expressly prohibiting such activity. No peddler or solicitor shall store outdoors any goods or materials, nor display said goods or materials outdoors or from any vehicle.
It shall be the duty of any police officer of the Township of Jefferson to enforce the provisions of this chapter and require any person seen peddling or soliciting, who is not known by such officer to be duly licensed, to produce his peddler's or solicitor's license.
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.
Licenses issued under the provisions of this chapter may be revoked by the Township Council, after notice and hearing, for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement by the licensee in the course of conducting the business licensed.
Any violation of this chapter.
Conviction of any crime involving moral turpitude.
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.
In the event that the Chief of Police shall determine that there has been a violation, in accordance with the provisions of this section, he shall then immediately notify the Township Council of the violation and shall order the licensee to suspend further operation until a hearing, in accordance with the provisions of this section, is held.
[Added 6-27-2012 by Ord. No. 9-12]
Written notice of the hearing for revocation of a license shall be given to the licensee by the Clerk. The hearing shall be held within 30 days of the date of the notice. Such notice shall set forth the specific grounds of the complaint and the time and place of the hearing and shall either be delivered personally to the licensee or be sent by certified mail to the licensee at his last known address at least five days prior to the date set for hearing.
[Amended 6-27-2012 by Ord. No. 9-12]
Any person aggrieved by the action of the Chief of Police or of the Township Clerk in the denial of a license, as provided in § 359-7 of this chapter, shall have the right of appeal to the Township Council. Such appeal shall be taken by filing with the Township Council, within 14 days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Township Council shall set a time and place for such hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 359-12 of this chapter for notice of hearing on revocation. The decision of the Township Council on such appeal shall be final and conclusive.
All licenses issued under the provisions of this chapter shall expire December 31 of the calendar year in which they are issued. Any such license may be renewed, without payment of an additional registration fee, upon submission by the licensee of a new application in conformity with the requirements of § 359-5 of this chapter or, in lieu thereof, a sworn statement 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. Such new application, or statement in lieu thereof, shall be subject to the provisions and standards set forth in § 359-5 of this chapter.
[Amended 9-21-1970 by Ord. No. 273]
Any person who shall violate any of the provisions of this chapter shall be subject to a fine not exceeding $500 or imprisonment in the county jail for a term not exceeding 90 days, or both, in the discretion of the Municipal Court Judge before whom such conviction shall be had.