[HISTORY: Adopted by the Mayor and Council of the Borough of Riverton
during codification; see Ch. 1, General Provisions, Article II. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
All goods, wares, food, fruit, vegetables, farm products, magazines,
periodicals and all kinds or 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.
A person who goes from place to place or from house to house on the
public streets of the Borough of Riverton and carries with him goods, wares
and merchandise for the purpose of selling, offering to sell or delivering
them to consumers. This definition shall also be construed to include but
not be limited to ice cream products, water ices, frozen confectionery products,
pizza pies, sandwiches, food products, general merchandise or other similar
items.
[Amended 10-12-1995 by Ord. No. 11-95]
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 wholesalesmen 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
licensees.
Except as otherwise provided in § 96-4 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 Borough of Riverton, 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:
A.
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.
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 -10.
C.
Any person who is an exempt fireman of a volunteer fire
department as defined by N.J.S.A. 45:24-9 and -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, 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.
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, the Borough of Riverton.
Every applicant for a license under this chapter shall file with the
Borough Clerk a sworn written application, in duplicate, on a form to be furnished
by said Clerk, which shall give the following information:
A.
Name and description of the applicant.
B.
Permanent home address and full local address of the
applicant.
C.
A brief statement of the nature of the business and a
description of the merchandise or service to be sold.
D.
If employed, the name and address of the employer, together
with credentials establishing the exact relationship.
E.
The length of time for which the license is desired.
F.
If a vehicle is to be used, a description of such vehicle
and its license number.
G.
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.
H.
A photograph of the applicant taken within sixty (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
by two (2 x 2) inches.
I.
Two (2) business references located in the County of
Burlington, 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.
J.
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.
K.
The fingerprints of the applicant.
[Amended 10-12-1995 by Ord. No. 11-95]
An annual fee of fifty dollars ($50.) shall be paid by the applicant
for a license upon making application to defray the costs of administration
of this chapter. A fee of twenty-five dollars ($25.) shall be paid for each
additional person affiliated with the initial registrant who will peddle,
solicit or vend under the initial registrant's license. The Borough Council
may, upon written application, waive the license and fee requirement imposed
under this chapter for local nonprofit charitable organizations. Each waiver
application shall be filed with the Borough Council no later than forty-five
(45) days prior to the commencement of the proposed peddling, solicitation
or vending activities within the borough. Said local nonprofit charitable
organization may not commence peddling, solicitation or vending until such
time as said waiver application is approved or, in the alternative, if the
waiver application is denied, until such time as the application fee has been
paid and the applicant approved for a license.
A.
When the aforesaid application is properly filled out
and signed by the applicant, the original and duplicate thereof are filed
with the Borough 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.
(1)
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 the said application to the Borough 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 (1) or more of the following findings
with respect to the applicant:
(a)
Conviction of a crime involving moral turpitude.
(b)
Prior violation of a peddling or soliciting ordinance.
(c)
Previous fraudulent acts or conduct.
(d)
Record of breaches of solicited contracts.
(e)
Concrete evidence of bad character.
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In the absence of any such finding, the Chief of Police shall find the
application satisfactory.
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(2)
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 Borough Clerk, who shall
issue the license to the applicant. Such license 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 or soliciting activity licensed.
B.
The Borough Clerk shall issue to each licensee at the
time of delivery of his license a receipt for the same which must be shown
upon request.
Every holder of a peddler's or solicitor's license issued
by the Borough Clerk under the authority of this chapter, or by the Clerk
of the County of Burlington under the authority of N.J.R.S 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 Borough of Riverton.
He shall produce such license at the request of any official of said borough
or of any resident of said borough with whom he wishes to conduct his said
business or activity. Every such licensee shall restrict his selling activity
within the Borough of Riverton to the hours between 9:00 a.m. and 5:00 p.m.,
prevailing time, on Monday through Saturday, and 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 Borough of Riverton 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.
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 on which is posted a sign expressly prohibiting such activity.
It shall be the duty of any police officer of the Borough of Riverton
to enforce the provisions of this chapter and to 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 Borough 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.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Mayor and Council, after notice and hearing, for any
of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement by the licensee
in the course of conducting the business licensed.
(3)
Any violation of this chapter.
(4)
Conviction of any crime involving moral turpitude.
(5)
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.
B.
Notice of a hearing for the revocation of a license shall
be given in writing. Such notice shall set forth the specific grounds of complaint
and the time and place of the hearing, and shall be sent by registered mail
to the licensee at his last known address at least five (5) days prior to
the date set for the hearing.
Any person aggrieved by the action of the Chief of Police or of the Borough Clerk in the denial of a license, as provided in § 96-7 of this chapter, shall have the right of appeal to the Mayor and Council. Such appeal shall be taken by filing with the Mayor and Council, within fourteen (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 Mayor and Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 96-12 of this chapter for notice of a hearing on revocation. The decision of the Mayor and Council on such appeal shall be final and conclusive.
[Amended 10-12-1995 by Ord. No. 11-95]
All licenses issued under the provisions of this chapter shall expire December 31 of the calendar year of which they are issued. Any such license may be renewed, upon the payment of the required fifty-dollar annual application fee, upon submission by the license of a new application in conformity with the requirements of § 96-5 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 § 96-5.
[Amended 10-12-1995 by Ord. No. 11-95]
Any person violating any of the provisions of this chapter shall, upon
conviction thereof, be punished by a fine not exceeding one thousand dollars
($1,000.), by imprisonment for a term not exceeding ninety (90) days or by
a period of community service not exceeding ninety (90) days, or any combination
thereof, at the discretion of the Municipal Judge, and each day that such
violation shall continue shall be deemed as a separate offense.
