[HISTORY: Adopted by the Township Committee of the Township of Washington 11-10-1971. Amendments noted where applicable.]
It shall be unlawful for any person to engage in the business of peddler, solicitor or itinerant merchant, as defined in § 94-2 of this chapter, within the Township of Washington, without first obtaining a license therefor as provided herein.
As used in this chapter, the following words shall have the meanings indicated:
- Includes all goods, wares, food, fruit, vegetables, farm products, magazines, periodicals and all kinds of articles of personal property for domestic use. Orders or contracts for a service home improvement or alterations shall be considered "merchandise" within the terms of this chapter.
- Any person who goes from place to place by traveling on the streets and roads or from house to house carrying, conveying or transporting goods, wares or merchandise for the purpose of selling and delivering them to customers. The word "peddler" shall include the words "hawker" and "huckster."
- Includes the singular and the plural and shall also mean and include any person, firm or corporation, association, club, partnership, society or any other organization.
- Any person who goes from place to place by traveling on the streets or 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 Township of Washington.
The requirements of this chapter shall not apply to the following:
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.
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.
Any person who is an exempt fireman of a volunteer fire department as defined by N.J.S.A. 45:24-9, possessing a license in conformity with said law.
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 reasons of a prior agreement.
Any school, charitable, political or civic organization, benevolent society, service club or organization not for profit which is located in or has a substantial membership from Washington Township, provided that identification assigned by the organization the canvasser represents is carried.
Every applicant for a license under this chapter shall file with the Chief of Police a sworn written application containing the following information:
The name and a 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.
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
The length of time for which the license is desired.
If a vehicle is to be used, a description of such vehicle and its license number.
The place where the goods or property to be sold or offered for sale is manufactured or produced, where such goods or property is located at the time such application is filed and the proposed method of delivery.
A photograph of the applicant taken within 60 days immediately prior to the date of the application, which photography shall clearly show the head and shoulders of the applicant and shall measure 2 inches by 2 inches.
Two business references located in the County of Warren, 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.
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.
Registration fee. At the time the application is filed, a fee of $25 shall be paid to the Township Clerk to cover the cost of processing the application and investigating the facts stated therein.
License fee. The license fee, which shall be charged by the Township Clerk for the issuance of a license hereunder, shall be $2 per day, $5 per week, $10 per month and $50 per year.
When the aforesaid application is properly filled out and signed by the applicant, the original and a duplicate thereof shall be filed with 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. The duplicate shall be kept on file in the Police Department upon completion of the investigation.
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 disapproval and his reasons therefor and 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 or more of the following findings with respect to the applicant:
In the absence of any such findings, the Chief of Police shall find the application satisfactory. If, as a result of investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police 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.
Every holder of a license issued under the provisions of this chapter or of a peddler's or solicitor's license issued under the authority of N.J.S.A. 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 Township of Washington. He shall produce such license at the request of any official of said township or of any resident of said township with whom he wishes to conduct said business or activity.
Every such licensee shall restrict his selling activity within Washington Township to the hours between 9:00 a.m. and 5:00 p.m., prevailing time, on Mondays through Fridays.
Every such licensee 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 Township of Washington 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 licensee shall allow any other person to use the license issued hereunder, and the use of such license by any person other than the licensee shall constitute grounds for revocation of the license.
It shall be the duty of any police officer of the Township of Washington to enforce the provisions of this chapter and require any person seen peddling or soliciting who is not known by such officer to be duly licensed to produce his peddler's license.
The Chief of Police 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.
Licenses issued under the provisions of this chapter may be revoked by the Township Committee, after notice and hearing for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement by the licensee in the course of conducting the business licensed.
Any violation of this chapter.
Conviction of any crime involving moral turpitude.
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.
Notice of the hearing for 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 hearing and shall be sent by registered mail to the licensee at his last known address at least five days prior to the date set for hearing.
In the event that the Chief of Police shall determine that there has been a violation of Subsection A(1) through (5) above, then and in that case, he shall immediately notify the Township Committee of said violation and shall order the licensees to suspend further operation until a hearing in accordance with the provisions of this section is held.
Any person aggrieved by the action of the Chief of Police or of the Township Clerk in the denial of a license, as provided in § 94-6, shall have the right to appeal to the Township Committee. Such appeal shall be taken by filing with the Township Committee, 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 Township Committee 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 § 94-11 for notice of hearing on revocation. The decision of the Township Committee on such appeal shall be final and conclusive.
No license issued under the provision of this chapter shall extend past December 31 of the calendar year in which it is issued. Any such license may be renewed, without payment of an additional registration fee, upon submission by the licensee of a new application in conformity with the requirements of § 94-4 or, in lieu thereof, a sworn statement in writing setting forth all changes in the information contained in the application for the expired licenses 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 § 94-4.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $500 or to imprisonment not to exceed 90 days, or both.