As used in this article, the following terms
shall have the meanings indicated:
NEW MERCHANT
A person who engages in business in this municipality, irrespective
of the permanent or temporary nature of said business, by occupying
premises for the sale of merchandise during and not longer than one
year subsequent to the opening of said premises.
NON-PROFIT-MAKING VENDOR
A person who sells goods, the proceeds of which are devoted
exclusively to the purpose of a philanthropic, charitable or religious
society on whose behalf he acts as an agent without pay.
PEDDLER
A person, commonly referred to either as a "peddler" or "hawker,"
who goes from place to place by traveling on the streets or from house
to house and carries with him goods, wares and merchandise for the
purpose of selling and delivering them to consumers.
PERSON
An individual, firm, partnership, corporation, voluntary
association or incorporated association or principal or agent thereof.
SOLICITOR
A person selling goods by sample or taking orders for future
delivery with or without accepting an advance payment for the goods.
TRANSIENT MERCHANT
A person, commonly referred to either as a "transient merchant"
or "itinerant vendor," who engages in a merchandising business in
this municipality with intent to close out or discontinue such business
within a period of one year from the date of commencement and occupies
a room, building, tent, lot or other premises for the purpose of selling
goods, wares and merchandise.
TRANSIENT MERCHANT PEDDLER
A person who engages in business in the manner defined under
"transient merchant" above and, in pursuance thereof, becomes a peddler
or hires a peddler as defined under "peddler" above.
Peddler, transient merchant, transient merchant
peddler, solicitor, non-profit-making vendor and new merchant shall
each constitute a license classification, a separate license being
issued for each class under the terms hereinafter set forth.
[Amended 5-29-1990 by Ord. No. 1538]
The purpose of this article is to prevent unfair competition and dishonest business practices by the regulation of the conduct of the classes of non-profit-making vendor and new merchant specified in §
202-1 and by the imposition of license fees for peddler, transient merchant, transient merchant peddler and solicitor classes. Licenses shall be issued without payment of fees to non-profit-making vendors and new merchants.
[Added 6-22-1971 by Ord. No. 1001; amended 9-22-1981 by Ord. No.
1201; 5-22-1989 by Ord. No. 1509; 4-23-2019 by Ord. No. 2432]
A. No person, firm or corporation shall solicit, peddle, canvass, itinerant vend or conduct door-to-door sales at any time a) to any premises which shall have upon its front door or in the main entranceway a sign open to plain view of no less than one inch by six inches or no larger than 8 1/2 by 11 inches stating "No Solicitors," or b) to any premises listed on the current Hasbrouck Heights No Knock registry as provided in Article
III of this chapter.
B. No person, firm or corporation shall solicit, peddle, canvass, itinerant
vend or conduct door-to-door sales to any premises except between
12:00 noon and 5:00 p.m. on weekdays and Saturdays only and exclusive
of legal holidays and Sundays.
C. No person, firm or corporation shall solicit, peddle, canvass, itinerant
vend or conduct door-to-door sales to any premises except by way of
the front door or main entrance of the premises.
It shall be unlawful for any peddler, transient
merchant, transient merchant peddler, solicitor, non-profit-making
vendor or new merchant to sell or dispose of or offer to sell or dispose
of any goods, wares or merchandise within the Borough of Hasbrouck
Heights without first obtaining a license and having paid the license
fee hereinafter prescribed for peddler, transient merchant, transient
merchant peddler and solicitor classes of licenses.
The requirements of this article as regards
the peddler and solicitor classes above shall be held not to include
the following persons, who are expressly exempt from its application:
A. Any person honorably discharged from the military,
naval or marine forces of the United States.
B. Any person who is an exempt member of a volunteer
fire department as defined by P.L. 1911, c. 133.
C. Any person selling fruits, vegetables and farm products
produced on the farm operated by the vendor or a member of his family,
provided that proof of such fact is submitted to the Borough Clerk
before the sale thereof.
The Borough Clerk, upon receiving the application
bearing the favorable endorsement of the Chief of Police, shall also
verify the financial information, approving or rejecting the application
on the reverse side. Upon verification of the application and payment
of the prescribed fees, the license therewith shall be issued by the
Borough Clerk for all license classes. The license issued shall not
authorize any person, except the designated person named in said license,
to engage in business thereunder. Said license shall not be transferable
from the person to whom issued to any other person without the consent
of the Borough Clerk. A separate license must be obtained by a licensed
transient merchant for each branch or separate place of business in
which his business is conducted, and each license shall authorize
the person to conduct business only at the location which is indicated
therein.
[Amended 12-16-1953 by Ord. No. 691; 5-29-1990 by Ord. No.
1538; 4-11-2000 by Ord. No. 1893]
License fees shall be as set forth in Chapter
133, Fees.
A. Every peddler's license shall terminate at the close
of December 31 of the year in which it was issued.
B. Transient merchants' license shall continue in favor
of the person to whom it is issued for the period of 180 days from
the date the same is issued.
C. Transient merchant peddler's license shall continue
in effect 180 days.
A license may be revoked by the Borough Council
by reason of the violation of the terms of the license, the violation
of any municipal ordinance or state or federal statute or falsification
in applying for a license. The licensed person must be granted a hearing
by the Borough Council upon his request. A license may be suspended
for not more than two weeks by the issuing authority without a hearing.
[Amended 5-29-1990 by Ord. No. 1538; 2-10-2009 by Ord. No. 2201]
Any person required by this article to procure
a license who violates its terms or fails to comply with P.L. 1931,
c. 88, shall be subject to such penalties as are provided in Chapter
204 of this Code.