For the purpose of this article, the following
terms shall have the meanings indicated:
The operation of the business at a building, structure, site
or other premises, containing a sign or other designation of the business
located therein, stock-in-trade available for immediate sale, furnishings
and equipment for the usual and ordinary conduct of business and being
open at regular intervals for the transaction of business.
The Chief of the Police Department of the Township of South
Harrison.
Business days of the Township.
The Director of the Department of Public Safety.
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 goods, wares and merchandise and any other commodity
for the purpose of selling and delivering them to consumers. Included
in the foregoing definition are order takers, purveyors of subscriptions
for newspapers, periodicals, magazines, books and the like and any
and all other such persons who seek sales or orders for services,
goods, chattels or merchandise of any kind or description covering
those peddlers that are commonly known as "door-to-door solicitors."
As used herein, an individual, firm, partnership, corporation,
voluntary association, incorporated association and principal or agent
thereof.
A person, whether a resident of the Township or not, traveling
either by foot, wagon, automobile, motortruck or 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 books,
wares and merchandise, personal property of any nature whatsoever
for future delivery, or for services to be furnished or perform in
the future, whether or not the individual has, carries or exposes
for sale a sample of the subject of the sale, with or without accepting
an advance payment for the goods. The term "solicitor" shall also
include any person who may be taking a poll or a survey for commercial
purposes from house to house or on the streets.
The Municipal Clerk of the Township of South Harrison.
A person who engages in the merchandising business in the
Township of South Harrison with intent to close out or discontinue
such business within a period of one year from the date of commencement,
and, for that purpose, hires, leases or occupies any building, structure,
room, tent, lot, railroad car or any other premises for the actual
and bona fide exhibition and/or sale of such goods, wares and merchandise
and other commodities.
A person who engages in the business of a transient merchant
or itinerant vendor and, in pursuance thereof, becomes a peddler or
hires a peddler as defined herein.
The operation of the business at one address; but the removal
of a business from one address to another shall not be deemed to be
the closing out of the business; and the opening of a new business
shall not be considered to mean the continuance of the same enterprise
at another address.
The purposes of this article are to:
A.
It shall be unlawful for any peddler, transient merchant,
transient merchant peddler, merchant peddler, canvasser, door-to-door
solicitor, as hereinbefore defined, or the persons owning, managing
or operating a new business to sell or offer for sale or dispose of
any goods, wares, merchandise or other commodities, or a service within
the Township of South Harrison, without first having obtained a license,
as described hereinafter, for identification purposes and without
complying with the other provisions of this chapter in the case of
new businesses.
B.
The license shall be of a kind known as an "identification
badge" with a provision for the insertion of a photograph 1 1/2
by two inches in size. Two photographs of this size shall be provided
by the applicant/licensee, and there shall be a deposit of $2 to cover
the cost of this badge, which deposit shall be returned upon the return
of the badge and forfeited if the badge is not returned.
C.
There shall be an investigation fee paid to the Township
of South Harrison prior to the issuance of the license to cover the
cost of an investigation of the applicant by the Police Department,
to ascertain the honesty and reliability of the applicant. Fingerprinting
may be required as an investigative tool; however, if the applicant
provides proof that his or her fingerprints are currently on file
with any other municipality in the state, or if in the alternative
the applicant has appropriate documented proof of a fingerprint clearance
in another municipality no more than 30 days prior to the application
in the Township of South Harrison, then that shall suffice as fingerprint
clearance, provided that said clearance has been verified through
the State Police and the Federal Bureau of Investigation.
D.
The maximum waiting period to complete the investigative
procedures for any applicant shall be seven days from the date of
the application. In instances of a renewal of a license, or where
the applicant has a fingerprint clearance dated not more than 30 days
prior to the application, the waiting period shall be a maximum of
24 hours.
E.
The applicant shall present, at the time of the application,
in addition to the photograph required for the identification badge,
a written statement relating to his or her past history of arrests
or convictions anywhere in the United States. All of the time periods
mentioned in this chapter shall not commence until the photograph
and the history of arrests and convictions, as well as the completion
of the application, are in the hands of the Township of South Harrison.
F.
After the license has been issued, it is absolutely
required that the solicitor wear the badge on the lapel or somewhere
on the chest of the outermost garment being worn by such solicitor
at all times that he or she is conducting business from door to door.
G.
The actual door-to-door solicitation shall never start
before 9:00 a.m. and must terminate prior to sunset. Door-to-door
solicitation after the hour of darkness is expressly forbidden.
H.
Where an applicant has previously been licensed pursuant to this chapter, the investigation fee in § 106-3C may be waived in the discretion of the Chief of Police who must then make a determination that the applicant is bona fide. Upon making such a determination, the Chief shall approve the application and notify the Municipal Clerk.
The following persons are exempt from the payment
of a license fee, badge requirements and, in the discretion of the
Chief, the investigation procedures, upon compliance with all other
provisions of this chapter and submission of applicable identification
and documents to support their claim to exemption:
A.
Any charitable or religious organization or society,
which is recognized as tax exempt under the United States Internal
Revenue Code, that shall conduct sales of personal property where
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. Satisfactory proof of such tax exemption must be provided
by the applicant.
B.
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.
C.
Any person who is an exempt fire fighter 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.
D.
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 their employer.
E.
Any person selling fruits and farm products grown
by himself or herself, with or without the help of others.
F.
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.
G.
Wholesale salespeople calling on businesses.
H.
Federal census takers and polls or surveys taken pursuant
to federal, state or local laws.
I.
Any school, political or civic organization, benevolent
society, service club or organization, not for profit, which is located
in the Township or has a majority of its membership from the Township.
The investigation required by § 106-3 shall be limited to that sufficient for the Chief of Police to make a determination that the person or organization is bona fide. Upon making such a determination, the Chief of Police shall approve the application and notify the Municipal Clerk.
A.
All applications for licenses referred to herein shall
first be made by filing with the Municipal Clerk an application blank
which shall contain the following information:
(1)
The name and social security number of the applicant
and, in the case of peddlers and solicitors, photographs and fingerprints.
(2)
The permanent home residence.
(3)
The name and addresses of the firm represented, the
names and addresses of the persons from whom goods making up the stock
were or are to be purchased.
(4)
Three business references located in Gloucester County,
New Jersey, or, in lieu thereof, such evidence of good character and
business and responsibility of the applicant as will enable proper
evaluation of the applicant's character and responsibility by a police
investigator.
(5)
The place or places of residence of the applicant
for the preceding three years.
(6)
A description of the wares to be offered for sale,
including an approximate value and quantity of the personal property
to be exposed for sale in the Township.
(7)
The number of arrests, charges or convictions for
misdemeanors or crimes, the nature thereof and the disposition of
said charges.
(8)
Where the applicant is to be employed by someone else,
a letter from the employer authorizing the applicant to act as its
representative.
(9)
In the case of an application for transient merchant/peddler
license, the names and addresses of each peddler and the place from
where the business is to be carried on.
(10)
The length of time for which the license is
desired.
(11)
If a vehicle is to be used, a description of
such vehicle and its license number, registration and insurance certification.
(12)
Two photographs 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 1 1/2 by two inches.
B.
The license issued shall not authorize any person
except the designated person named in such license to engage in business
thereunder, and a separate license must be obtained for every branch
established or separate place of business maintained. Each license
issued shall authorize the licensee obtaining it to conduct the business
therein at the location or place of business indicated thereon.
A.
When the application is properly filled out and signed
by the applicant, the original and duplicate thereof shall be filed
with the Municipal Clerk. The Municipal Clerk shall refer the original
to the Chief of Police, who shall make or cause to be made, within
the time limitations herein prescribed, such investigation of the
applicant's business responsibility and character as the Chief deems
necessary for the protection of the public good.
(1)
If, as a result of such investigation, the applicant's
character or business responsibility is found to be unsatisfactory,
the Chief of Police shall endorse on such application his or her disapproval
and the reasons therefor and shall return the application to the Municipal
Clerk. 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:
(2)
In the absence of any such finding, the Chief of Police
shall find the application satisfactory, shall endorse his or her
approval on the application and shall return the application to the
Municipal Clerk.
B.
If an application is found unsatisfactory by the Chief
of Police and he or she has endorsed his or her disapproval upon the
application, the Municipal Clerk shall notify the applicant by mail
that the application is disapproved and shall deny the applicant a
license. If an application is found satisfactory by the Chief of Police,
the Municipal Clerk shall issue a license.
A.
Licenses issued under provisions of this chapter may
be revoked by the Director after notice and hearing for any of the
following causes:
(1)
Fraud, misrepresentation or any false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his or her business as peddler, huckster,
vendor, solicitor, itinerant vendor or commercial traveler.
(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 to constitute a menace to the health, safety or general welfare
of the public.
B.
The Municipal Clerk, upon receiving information providing
reasonable cause to believe that the holder of any license issued
hereunder has violated any provision of this chapter or has been convicted
of any violation referred to in this section or has been indicted
or charged with or for any crime or offense, or has been convicted
of any crime or offense, may forthwith temporarily suspend such license
until a hearing is held by the Director of Public Safety as provided
herein, and the Director shall have issued a determination thereon.
C.
Notice of a hearing for revocation of a license shall
be given in writing, setting forth specifically the grounds of the
complaint and the time and place of the hearing. Such notice shall
be mailed, certified mail, return receipt requested, postage prepaid,
to the licensee at his or her last known address at least five days
prior to the date set for the hearing.
D.
If the licensee has one or more employees, the revocation
hereunder shall apply to the licensee and all employees determined
to be in violation of this chapter.
E.
Upon revocation, the license shall be surrendered
to the Director of Public Safety or his/her designee.
Any person aggrieved by the action of the Chief
of Police in the denial of a certificate, as provided in this chapter,
shall have the right of appeal to the Director of Public Safety. Such
appeal shall be taken by filing with the Chief of Police, 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 Director shall set a time and
place for hearing on such appeal, and notice of such hearing shall
be given to the applicant in the same manner as provided in this chapter
for notice of hearing and revocation. The decision of the Director
of Public Safety on such appeal shall be final and conclusive.
No person or license holder shall:
A.
Peddle, solicit or distribute merchandise except between
the hours of 9:00 a.m. and 6:00 p.m. or sunset, whichever occurs earlier,
unless specifically having been invited to a dwelling by an occupant
thereof or having previously made an appointment with an occupant.
B.
Attempt to peddle, solicit or distribute merchandise
or printed material without first having identified himself or herself
as a peddler, solicitor or distributor registered with the Township
and displaying his or her certificate.
C.
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.
D.
Stand, hawk, peddle or solicit on the premises of
any business establishment, shopping center or mall without the written
consent of the owner or individual agency or organization responsible
for the management and/or operation of the same.
E.
Enter or attempt to enter the land of any resident
in the Township where such resident has posted a notice prohibiting
such entry.
F.
Refuse to leave any private dwelling or property after
having been once requested to do so by the owner or occupant thereof.
G.
Shout, cry out, blow a horn, ring a bell or use any
sound-making or amplifying device upon 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 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.
Every person holding a license under this chapter
shall be required to carry the license or have the license at the
business premises while engaged in the business licensed. The licensee
must produce the license upon the request of any interested person.
Nonrefundable license fees shall be $10. No application shall be processed unless accompanied by the license fee along with a fee to defray the police investigation fee of $26, unless this fee has been waived pursuant to § 106-3C and a refundable deposit of $2 for the identification badge as provided in § 106-3.
No license may grant the right to solicit for
a period longer than 90 consecutive days.
[Amended 8-9-2006 by Ord. No. 0-06-08]
A.
Any peddler, transient merchant or itinerant vendor, transient merchant/peddler, merchant peddler or solicitor who shall offer for sale or sell any goods, wares, merchandise, other commodities or bankrupt stock without first paying to the Township of South Harrison the license fee or fees as herein required, or who shall fail to secure a license provided for herein, or who shall make false or fraudulent representations therein, or who shall fail or refuse or neglect to comply with the requirements of this chapter in any part, shall, upon conviction thereof, be punishable as provided in § 1-14 of this Code. Each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
In any case where the provisions of this article
impose a higher standard than set forth in any other ordinance of
the Township of South Harrison or under the laws of the State of New
Jersey, then the standards as set forth herein shall prevail, but
if the provisions of this article impose a lower standard than any
other ordinance of the Township of South Harrison or of the laws of
the State of New Jersey, then the higher standard contained in any
such other ordinance or laws shall prevail.
No license or permit or other certification
or compliance with this article shall constitute a defense against
any violation of any other local ordinance applicable to any structure
or premises or use of such structure or premises, nor shall any provision
herein relieve any owner, operator, tenant or occupant from complying
with any such other provision or any official of the Township of South
Harrison from enforcing any such other provision.
