[HISTORY: Adopted by the Mayor and Council of the Borough of Old Tappan 3-18-2019 by Ord. No. 1142-19. Amendments noted where applicable.]
Editor's Note: Former Chapter 182, Peddling and Soliciting, adopted 5-26-1975 as Section 4-2 of the 1975 Code, as amended, was repealed 7-16-2018 by Ord. No. 1129-18.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person who goes from house to house distributing printed or advertising matter of any kind or who hands to any person in a public place any printed or advertising matter.
- All goods, wares, food, fruit, vegetables, ice cream, candy, farm products, magazines, periodicals, clothing and all kinds of articles of personal property for domestic use, and orders or contracts for services, including but not limited to home improvements or alterations.
- Any person who goes from place to place by traveling on streets and roads or from house to house carrying, conveying or transporting merchandise for the purpose of selling and delivering the same to consumers; the term also includes persons commonly known as "hawkers" and "hucksters."
- Any individual, firm, partnership, corporation or association or any agent thereof.
- Any person who goes from house to house buying, selling or attempting to take orders for the sale of merchandise or for services, whether to be delivered or rendered presently or in the future, with or without accepting an advance payment and whether or not such person has, carries or exposes for sale a sample or a catalog description of the object or service to be sold. The term "solicitor" shall include a person commonly known as a "canvasser"; provided, however, that this definition shall not include wholesale salesmen 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 purposes of regulating the conduct of licensees.
It shall be unlawful for any peddler, solicitor or distributor to sell, offer for sale or distribute merchandise, printed material or services within the Borough without first having obtained a license therefor. No licensed peddler, solicitor or distributor shall seek contact with any person or entity registered on the Borough's No-Knock List.
A separate license must be obtained for every agent or employee working for a peddler, solicitor or distributor.
The requirements of § 182-3 shall not apply to the following:
Any person who sells or collects goods, the proceeds of which are devoted exclusively to the purposes of a nonprofit charitable or religious society on whose behalf said person is acting as an agent.
Any school, political or civic organization, benevolent society, service club or organization not for profit which is located in the Borough or has a substantial membership from the Borough.
Any person honorably discharged from the active military service of the United States, who is a resident of this state, and possesses a peddler's license issued in accordance with N.J.S.A. 45:24-9 et seq., as amended and supplemented.
Any person who is an exempt member of a volunteer fire department, volunteer fire engine, hook and ladder, hose, supply company or salvage corps, of any municipality or fire district of this state, who holds an exemption certificate issued to him as an exempt member of any such department, company or corps, and who is a resident of this state, as provided in N.J.S.A. 45:24-9 et seq., as amended and supplemented.
Any public utility or its employee, 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 the employer.
Any person engaged in delivery of merchandise or other articles or things, in the regular course of business, to the premises of the person who has previously ordered the same and is entitled to receive the same by reason of a prior agreement.
Persons engaged in the sale or delivery of newspapers.
Persons excepted from the licensing requirement in accordance herewith shall provide a list of all peddlers, solicitors, distributors or canvassers to the Police Department not less than 24 hours prior to beginning operations.
Every applicant for a license shall file with the Police Department a sworn written application, in duplicate, on a form to be furnished by the Police Department, which shall give the following information:
Name and physical description of the applicant.
The 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, together with the name and address of the person who will be supplying the merchandise or the service.
If employed, the name and address of the employer, together with credentials describing the relationship.
The length of time for which the license is desired.
If a vehicle is to be used, a description of such vehicle, its serial and license number and proof that said vehicle is insured in an amount as required by law.
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.
Two copies of a photograph of the applicant taken within one year prior to the date of the application, which photograph shall clearly show the head and shoulders of the applicant and shall be of a minimum size of two inches by two inches and shall portray a reasonably accurate likeness of the applicant.
Three business or character references.
Whether the applicant has been convicted of any crime, misdemeanor or disorderly persons offense or for violating any municipal ordinance, together with a statement regarding the nature of the offense and the punishment or penalty thereof.
If a corporation, the application shall be executed by a duly authorized agent thereof.
At the time the application is filed, a fee of $25 shall be paid to the Police Department to cover the costs of processing the application and for processing and issuing the identification card.
Establishment of No-Knock List. All residents of the Borough may register their name, address and/or unit/apartment number with the Municipal Clerk to be placed on the No-Knock List, indicating that they do not want canvassers, distributors, solicitors, peddlers, transient merchants or hawkers of any sort to approach their homes and/or seek personal contact with the occupants of the registered residence. The Municipal Clerk shall provide the registration form, which shall be available during normal business hours. By registering for the No-Knock List, the resident acknowledges that the Borough police, fire and other emergency services groups are exempt from the requirements of this section.
Updating and provision of list. The Municipal Clerk shall maintain a No-Knock List, a copy of which shall be provided to all persons or organizations required to obtain a license or to register pursuant to this chapter. Registrants shall remain on the No-Knock List for a period of five years from the date of registration or until such time as they advise the Municipal Clerk, in writing, that they wish to be removed from the list. The Municipal Clerk shall ensure that the list is updated periodically.
Registration and display of decal. Upon completion of registration on the No-Knock List, the subscriber may purchase and receive, for a fee of $2, a decal stating "DO NOT KNOCK; registered on the No-Knock List with the Borough of Old Tappan, Municipal Clerk; VIOLATORS WILL BE PROSECUTED," which may be displayed in a clearly visible location (e.g., front door or window adjacent to the front door).
If the application is complete, the Police Department shall issue a license to the applicant within 24 hours thereafter. Such licenses shall contain the signature of the issuing officer, the name and address and a photograph of the licensee, the class of the license issued, the kind of merchandise or services to be sold thereunder, the date issued, the length of time the license shall be operative and the license number and other identifying description of any vehicle to be used by the licensee. The license shall be clearly visible and displayed when approaching and contacting residents or places of business in the Borough.
Every license hereunder shall be valid for the period requested in the application, except that all licenses shall expire on December 31 of the year in which said license becomes effective.
No peddler, solicitor or distributor shall:
Call at any private residence which is on the No-Knock List.
Attempt to peddle, solicit or distribute merchandise or printed material without first having identified himself as a peddler, solicitor or distributor licensed with the Borough and displaying his/her license.
Conduct himself/herself in such a manner as to become objectionable to or annoy any person or entity approached.
Shout, cry out, blow a horn, use any sound-making or amplifying device upon any of the streets, parks or public places of the Borough or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, parks, or other public places of the Borough or upon private premises, for the purpose of attracting to any merchandise or service.
Distribute obscene merchandise or printed material or that which advocates unlawful conduct.
Litter the streets, public places or properties within the Borough with any merchandise or printed material.
Any license issued under the provision of this chapter may be revoked by the Mayor and Council, after notice and hearing, for any of the following:
Fraud, misrepresentation or false statements contained in the application for the license.
Fraud, misrepresentation or false statement by the licensee in the course of conducting the licensed activity.
Any violation of this chapter.
Conviction of any statute or ordinance of any municipality involving moral turpitude.
Picking up or discharging passengers not licensed under this chapter or allowing unlicensed persons to ride in vehicles owned or operated by a licensee.
Conducting the licensed business in an unlawful manner or in such manner that constitutes a breach of the peace, a nuisance or a menace to the health, safety or general welfare of the public.
Notice of a hearing for revocation of the license before the Mayor and Council shall be given in writing. Such notice shall set forth the specific grounds of complaint, the time and place of the hearing, and shall be sent by certified mail to the licensee at his known home or local business address at least seven days prior to the date set for the hearing or shall be served upon the licensee personally at least five days prior to the date set for the hearing.
Any person violating any of the provisions of this chapter, whether as principal, agent or employee of another, shall, upon conviction thereof, be subject to a fine not to exceed $1,000 or to imprisonment not to exceed 60 days, or both.