Unless otherwise provided in this article, it shall be unlawful for any person to engage in solicitation activities, as defined in §
143-2 of this article, within the Township, without first obtaining a license as provided herein.
As used in this article, the following terms
shall have the meanings indicated:
MERCHANDISE
Any goods or other property capable of being the object of
a sale but shall not include items of nominal value given in exchange
for a contribution to any political, religious, charitable, civic,
educational or philanthropic organization or society or service club
or any organization recognized as tax-exempt under the United States
Internal Revenue Code.
SOLICITOR
A canvasser, hawker or peddler and shall include any person
who engages in the practice of going from place to place, house to
house, door to door, or person to person, including an employee or
agent of another, traveling either by foot, truck, automobile or other
conveyance.
A.
COMMERCIAL SOLICITATION—Selling or taking
orders for commercial purposes, including offering to sell or take
orders for goods, merchandise, wares or other articles for future
delivery or for services to be performed in the future.
B.
NONCOMMERCIAL SOLICITATION—Requesting
contributions of funds, property or anything of value or the pledge
of any type of future donation or selling or offering for sale any
type of property, including but not limited to goods, tickets, books
and pamphlets for political, charitable, religious, civic, philanthropic,
educational or other noncommercial purposes; conducting surveys, opinion
polls and any such similar work; proselytizing; soliciting participation
in or support of any group, individual or organization; or distributing
circulars or other complimentary material.
Every applicant for a license under this article
shall file with the Township Clerk a sworn written application, in
duplicate on a form to be furnished by the Clerk, which shall give
the following information:
A. Full name, including middle initial, and physical
description, including height, weight, hair color and eye color, of
the applicant.
B. Permanent home address and full local address of the
applicant and proof of same (plus addresses for last three years).
C. Full date of birth and place of birth.
E. A brief statement of the nature of the business or
organization conducting the solicitation activities and a description
of the merchandise or service, if any, to be sold or distributed.
F. If employed by or representing another, the name,
business address and telephone number of the employer, sponsor or
organization being represented, together with a letter with original
signatures from such employer, sponsor or organization authorizing
the applicant to act as its representative.
G. Licenses shall be effective from the date of issuance and shall expire
December 31 of the calendar year unless issued for a shorter term.
[Amended 3-20-2017 by Ord. No. 03-17]
H. If a vehicle is to be used, a description of such
vehicle and its license number.
I. The state of issuance and number of the driver's license.
J. 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.
K. 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 two inches by two inches.
M. 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.
N. Applicants shall obtain a criminal history background
check. The appropriate ORI number and additional information may be
obtained by the applicant from the Township Police Department. Applicants
should follow the instructions for obtaining a criminal background
check which includes making an appointment to be fingerprinted by
the state contract vendor. Results will be sent to the Washington
Township Police Department. Applicants who fail to obtain a criminal
history background check or otherwise refuse to consent to or cooperate
in securing a criminal history check shall not be considered for a
peddler/solicitor license.
[Amended 5-18-2009 by Ord. No. 10-09; 5-15-2017 by Ord. No. 08-17]
[Amended 5-18-2009 by Ord. No. 10-09; 5-15-2017 by Ord. No. 08-17]
A. Administrative fee. At the time the application is filed, a fee of
$25 per solicitor shall be paid to the Township Clerk to cover the
cost of processing the application and investigating the facts stated
therein.
B. License fee. The license fee, which shall be charged by the Township
Clerk for the issuance of a license hereunder, shall be $5 per day
per solicitor, $10 per week per solicitor, $25 per month per solicitor,
and $100 per year per solicitor.
C. Where an organization has several agents engaged in solicitation
activities, each agent shall be licensed separately, and each shall
pay the appropriate fees.
The Township Clerk shall maintain a record of
all licenses issued under the provisions of this article and shall
record therein all convictions for violations of this section and
other pertinent circumstances and incidents reported by the Chief
of Police.
[Amended 5-15-2017 by Ord. No. 08-17]
Licenses shall be issued on a daily, weekly, monthly or annual
basis and shall expire as indicated on the license.
Licenses and registration numbers issued under
the provisions of this article may be revoked by the Township Committee,
after notice and hearing, for any of the following causes:
A. Fraud, misrepresentation or false statement contained
in the application for license.
B. Fraud, misrepresentation or false statement by the
licensee in the course of conducting solicitation activities.
C. Any violation of this article.
D. Conviction of any crime adverse to soliciting, peddling,
canvassing or hawking pursuant to N.J.S.A. 2A:168A-1.
E. Conducting the solicitation activities contrary to
the conditions of the license or registration or in such a manner
as to create a public nuisance or constitute a danger to the health,
safety or general welfare of the public and of those going door to
door.
Any person aggrieved by the action of the Township Clerk in the denial of a license, as provided in §
143-7, shall have the right of 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 hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in §
143-12 for notice of hearing on revocation. The decision of the Township Committee on such appeal shall be final and conclusive.
It shall be the duty of any police officer of the Township to enforce the provisions of this article and require any person seen engaging in solicitation activities who is not known by such officer to be duly licensed or registered to produce his solicitor's license or registration number. Any violation of any provision of this article shall be a punishable offense as well as cause for revocation of any sales license or registration pursuant to §§
143-11 and
143-12.
[Amended 4-16-2007 by Ord. No. 9-07]
Any person who violates any provision of this article shall be subject, upon conviction, to the penalties provided in §
1-3 of this Code.