[HISTORY: Adopted by the Borough of Rutherford Council 10-18-1960 by Ord. No. 1813; amended in its entirety 12-17-1991 by Ord. No. 2632-91. Subsequent amendments noted where applicable.]
[Amended 2-17-1998 by Ord. No. 2829-98]
As used in this chapter, the following terms shall have the meanings indicated:
- As used herein shall mean and include an individual, firm, partnership or corporation.
- Any person, who, whether by foot or conveyance, goes from person to person, or from house to house or from place to place, taking or attempting to take orders or subscriptions for the sale, purchase or lease of goods, wares or merchandise of any description for the purpose of selling and delivering them to purchasers.
- SOLICITOR OR CANVASSER
- Any individual, whether a resident of the Borough of Rutherford or not, traveling by foot or any other conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for the sale of goods for future delivery or for services to be performed in the future, whether or not a sample is carried or displayed and whether or not advance payments are collected; provided, however, that this provision shall not apply to wholesale salesmen calling on retail merchants.
It shall be unlawful to engage in the business of solicitor, peddler or canvasser without first obtaining a license therefor from the Borough Clerk; provided, however, that persons under 17 years of age are allowed to solicit only when under the supervision of an adult, and said adult shall be required to obtain a license as a solicitor, peddler or canvasser prior to soliciting, peddling or canvassing in the Borough of Rutherford.
All applications for licenses shall be in writing on forms furnished by the Borough of Rutherford, signed by the applicant and presented to the Borough Clerk. The said application shall state the full name, address or addresses of the applicant for the preceding 3 years; height, weight and place of birth of the applicant; whether or not the applicant has been previously arrested or convicted of any crime, misdemeanor or violation of a municipal ordinance, and, if so, the nature of the offense and the punishment or penalty assessed therefor; the nature of the goods, wares or merchandise to be sold, offered for sale or to be purchased; the name and address of the applicant's employer, if any; the place where the goods to be sold or orders taken therefor are manufactured and produced, where such goods are located at the time the applications is filed and the proposed method of delivery; a description of the vehicle to be used, if any; and the names of at least two property owners of the County of Bergen and State of New Jersey who will certify as to the applicant's good character and business responsibility, or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigation to properly evaluate such character and business responsibility. The application shall be accompanied by a letter from the applicant's employer, if any, authorizing the applicant to act as a representative. The application shall also be accompanied by a two-inch-square passport-type photograph of the applicant taken within 60 days of the filing of the application. The application shall be further accompanied by a nonrefundable fee of $10 to cover the cost of investigation of the facts therein stated.
[Amended 5-28-2013 by Ord. No. 3291-13]
Upon receipt of the application for a license as herein provided, the Borough Clerk shall forthwith transmit the same to the Chief of Police. The Chief of Police shall also cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good. If, as a result of such investigation, the applicant's character and business responsibility is found to be satisfactory, the Chief of Police shall endorse his approval on the application and return it to the Borough Clerk, who shall issue the license. If, as a result of such investigation, the applicant's character and business responsibility are found to be unsatisfactory, the Chief of Police shall endorse his disapproval on the application and return it to the Borough Clerk, and the license shall not issue. In the event that the Chief of Police shall disapprove the application, the applicant shall have the right to appeal such action of the Chief of Police to the governing body, which body shall, after public hearing being afforded to the applicant, affirm the action of the Chief of Police or reverse the same and order the license to be issued by the Borough Clerk. A fee in an amount established pursuant to § 76-27H of the Rutherford Code shall be imposed for the background investigation. An additional fee shall be charged at the rate permitted by the State of New Jersey law at the time said request is made for the purpose of processing fingerprint identification checks with the State Bureau of Identification.
The Borough Clerk shall keep an accurate list of all licenses issued pursuant to this chapter in a book for that purpose.
The photograph of the license accompanying the application shall be attached to the license and the licensee shall exhibit the license to any police officer or other person upon request.
[Amended 5-28-2013 by Ord. No. 3291-13]
All licenses issued pursuant to this chapter shall expire exactly one year from the date of issuance; provided, however, that licenses theretofore issued may be renewed for a further period of one year upon the written application of the holder of such a license for a renewal of the same made to the Borough Clerk. Such application shall set forth any changes or additions to the licensee's original application and shall be accompanied by a nonrefundable fee of $10 to cover the cost of investigation of the facts therein stated. The procedure to be followed with respect to an application for an original or first license as set forth in this chapter shall apply to an application for a renewal of such license to the extent that such procedure is applicable.
The business licensed pursuant to this chapter shall be conducted only on weekdays between the hours of 8:00 a.m. and 5:00 p.m.
The issuance of licenses hereunder shall be in strict compliance with N.J.S.A. 45:24-9 et seq.
[Added 2-17-1998 by Ord. No. 2829-98]
No peddler, solicitor or canvasser shall have any exclusive right to any location in the public streets nor shall any be permitted a stationary location thereon nor shall any be permitted to operate in a congested area where such operations might impede or inconvenience the public use of such streets. For the purpose of this subsection, the judgment of the police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced.
No peddler, solicitor or canvasser shall conduct any trade or business of any kind whatsoever within the Rutherford Business District (See § 131-7E). Nothing herein contained shall be construed to affect the right of a duly licensed solicitor to solicit funds for charitable purposes within said district.
[Amended 2-27-2018 by Ord. No. 3451-18]
The provisions of this chapter shall not apply to any charitable campaign to be conducted with the approval of the governing body.
A license issued pursuant to this chapter may be revoked by the governing body upon written complaint to it and after public hearing being afforded to the licensee, charging fraud, misrepresentation or false statement in the license application or in the course of carrying on the business; any violation of this chapter; conviction of any crime or misdemeanor involving moral turpitude; or conducting the licensed business 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.
The provisions of this chapter shall be severable, and if any of the provisions hereof shall be held unconstitutional, the decision of the court respecting such provision shall not affect the validity of any other provisions which can be given effect without such invalid provision or provisions.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not exceeding $200 and in default of payment thereof may be sentenced to imprisonment in the county jail for a term not exceeding 30 days. Every day on which such violation continues shall constitute a separate offense.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
This chapter shall take effect immediately upon publication according to law.