[HISTORY: Adopted by the Township Committee
of the Township of Wyckoff 3-1-1955 by Ord. No. 274; amended in its entirety 11-1-2004 by Ord. No.
1478. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
All goods, wares, food, meat, fish, ice cream, magazines,
books, periodicals, printed material, electronic equipment, services
and orders or contracts for services, memberships, home improvements
or alterations and anything that may be sold by peddlers, nonprofit-making
vendors or solicitors, as defined herein.
A person who sells or collects goods, wares, merchandise
or other personal property the proceeds of which are devoted exclusively
to the purposes of philanthropic, charitable or a religious society
on whose behalf he acts as an agent.
A person, commonly referred to either as a "peddler" or "hawker,"
who goes from place to place by travelling on the streets or from
house to house and carries with him goods, wares, merchandise or other
personal property for the purpose of selling and delivering them to
consumers.
Any individual, firm, partnership, corporation, voluntary
association, incorporated association or agent thereof.
A person who goes from house to house selling or buying goods,
wares, or merchandise or other personal property by sample or taking
orders for future delivery or selling a service to be rendered in
the future, with or without accepting advance payment for the goods,
wares, merchandise other personal property or service, or who solicits
in his or the name of an organization, money, donations of money or
financial assistance of any kind, including the donation of merchandise.
Includes the following when done by personal approach:
The request, suggestion or proposal made by
a person, in his or the name of an organization, to acquire from another
money, donations of money or financial assistance of any kind including
the donation of merchandise.
Advertising for the sale of goods, wares, merchandise
or other personal property, as well as services to be rendered presently
or in the future by passing or circulating handbills.
The purpose of this chapter is to prevent crime
and dishonest or fraudulent business practices by the regulation of
the conduct of solicitors, peddlers and, nonprofit-making vendors
and the fee therefor is estimated to cover the expense involved and
not for revenue purposes, and to impose license fees for revenue upon
peddlers.
A.
It shall be unlawful for any peddler, nonprofit-making
vendor or solicitor to sell, buy or dispose of, or offer to sell,
buy or dispose of any goods, wares, merchandise, other personal property
or service to be rendered in the future, or to take orders for any
goods, wares, merchandise, other personal property or services to
be rendered in the future, or to solicit business from house to house
using public thoroughfares or in public places within the Township
of Wyckoff, without first obtaining a license therefor.
B.
The following persons are exempt from the requirement
of paying licensing fees pursuant to this chapter:
(1)
Any person honorably discharged from the military,
naval or marine forces of the United States, possessing a peddler's
license issued in conformity with N.J.S.A. 45:24-10 and the amendments
thereof.
(2)
Any nonprofit-making vendor.
(3)
Any person who conducts a sale pursuant to statute
or court order.
(4)
Any person who is an exempt member of a volunteer
fire department as defined by N.J.S.A. 45:24-9b; possessing a license
issued in conformity with said law and the amendments thereof.
(5)
Any person engaged in the delivery of goods, wares,
merchandise or other personal property in the regular course of business
to the premises of persons ordering the same.
Every person distributing any card, circular,
pamphlet, newspaper, paper or other publication or any form of advertising
matter shall do so in a manner to avoid the littering and scattering
of papers and shall comply with the rules and regulations pertaining
thereto established by the Township Committee.
A.
Any person desiring to obtain a license for the purposes
heretofore mentioned in this chapter shall apply therefor in writing
to the Chief of Police of the Township on an application blank containing
the following information and complying with the provisions thereof:
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WYCKOFF POLICE DEPARTMENT
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SCOTT PLAZA
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WYCKOFF, NEW JERSEY 07481
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(202) 891-2121
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APPLICATION FOR PEDDLER'S OR SOLICITOR'S
OR NONPROFIT-MAKING VENDOR'S LICENSE
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TOWNSHIP OF WYCKOFF
DEPARTMENT OF POLICE
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Badge
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Blotter #:___________ License Type:_________
Dated:
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Name: ______________________________ Phone #:
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Address:_________________ Town: _______ State:
___ Zip:
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Age: ___ DOB: ______ Sex: ___ Weight: ____ Height:
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Hair Color: __________ Eye Color: ________ Race:
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Social Security # ________ Drivers License #
______ State:
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Employed By: __________________ Street Address:
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Town: _______________________ State: _____ Zip:
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Supervisor: _____________________________ Phone:
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Describe the commercial activity or solicitation
you wish to perform in the Township of Wyckoff.
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Vehicle Used: Make: ______ Model: _____ Year:
___ Color:
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Reg.# ____________________________ State of
Reg.:
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Have you ever been arrested? ____ For What?
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Location of Arrest (City & state):
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Disposition of Arrest:
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References (no relatives):
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Name _________ Address _________ State ___ Phone
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Name _________ Address _________ State ___ Phone
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Name _________ Address _________ State ___ Phone
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Residences for the past five years:
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Dated: _________ Address: ______________________
State:
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Dated: _________ Address: ______________________
State:
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Dated: _________ Address: ______________________
State:
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Do you presently have a State or County Peddler's
or Solicitor's License?:
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Type of License:
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Number:
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I certify the within statements are true to
the best of my knowledge, information and belief. I am aware that
if any of the foregoing statements made by me are false, I am subject
to punishment and forfeiture of license.
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Signature of Applicant:
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Date:
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MARS:
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NCIC:
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SCIC:
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DMV:
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Record check by:
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Additional Information:
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Deposit: _________ Fee:
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Approved: _______ Denied:
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Chief of Police
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Date
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B.
No such application for a license shall be filed more than six months
prior to the time such peddling, vending or soliciting shall commence.
When said application is properly filled out
and signed by an applicant, it shall be presented to the Chief of
Police, whose duty it shall be to investigate the statements made
therein, and a period of not more than 10 business days shall be allowed
for such investigation, whereupon the Chief of Police will indicate
his approval or disapproval upon the application. When a fee is required
under this chapter, the application, bearing the approval of the Chief
of Police, shall be presented by the applicant to the Township Treasurer,
to whom the fee shall be paid. The Treasurer shall acknowledge receipt
of the fee in writing upon the application, which shall be returned
by the applicant to the Chief of Police. In case of disapproval of
an application by the Chief of Police, the applicant may appeal to
the Township Committee, whereupon opportunity will be granted for
hearing reasons for and against the issuance of a license. The decision
of the Township Committee shall be final.
A separate license must be obtained by a licensed
peddler, nonprofit-making vendor or solicitor for every agent or employee
working for him, unless such agent or employee is selling goods or
soliciting business from the same wagon or vehicle that the licensed
peddler, nonprofit-making vendor or solicitor is selling or soliciting
business from, but no more than two employees shall sell or solicit
from the same wagon or vehicle without a separate license.
A.
It shall be the duty of the Chief of Police to issue
licenses in cases where the provisions of this chapter have been complied
with. Licenses, except daily, will expire on December 31 of each year
and will be in the form of a card bearing the name of the licensee,
the purpose for which it is issued, the date of expiration and the
signature of the Chief of Police and Seal of the Wyckoff Police Department.
B.
The Chief of Police shall issue with each solicitor's
license an identification card, numbered and bearing the name of the
Township and the word "solicitor" or other suitable inscription. The
licensee to whom such identification card is issued shall wear the
same conspicuously upon his person at all times. A similar identification
card shall be issued to all nonprofit-making vendors, with the proper
description of their classification thereon.
C.
Peddlers.
(1)
The Chief of Police shall issue with each peddler's
license a placard bearing the words "Licensed Peddler, Township of
Wyckoff," together with the number thereof and the year for which
it is issued.
(2)
All automobiles, wagons, carts or other vehicles used
for peddling shall have the placard prominently displayed and affixed
thereon.
D.
All licenses shall be issued on forms drawn in accordance
with this chapter and consecutively numbered. It shall be the duty
of the Chief of Police to make and maintain a record of all solicitors,
nonprofit-making vendors and peddlers. In this record shall be entered
the following information: date of issuing licenses, to whom issued,
address, purpose, fee paid, license plate, identification card issued
and remarks.
E.
Every person holding a license under this chapter
shall be required to carry the license with him. He must produce the
license at the request of any official or householder of the Township
of Wyckoff.
F.
It shall be the duty of the Chief of Police to incorporate
as a part of his monthly report to the Commissioner of Police the
number of licenses issued and fees paid for all licenses.
G.
The Chief of Police may revoke any license for sufficient
cause after giving notice to the holder thereof. The applicant may
appeal such decision to the Township Committee, whereupon opportunity
will be granted for hearing the reasons for and against such revocation.
The decision of the Township Committee shall be final.
H.
No person shall canvass, solicit, distribute or vend,
within the meaning of this chapter, in the Township of Wyckoff before
the hour of 9:00 a.m. or after sunset on any day of the week; however,
a person may obtain a waiver from the prohibition of canvassing, soliciting,
distributing or vending after sunset upon application to the Chief
of Police and a finding by him that existing weather and road conditions
present no significant threat or danger to the safety and welfare
of persons in the community.
[Amended 8-7-2012 by Ord. No. 1695]
I.
All persons who canvass, solicit, distribute or vend,
within the meaning of this chapter, in the Township of Wyckoff shall
observe, heed and comply with any signs indicating that soliciting,
vendors, or peddlers are not permitted upon the premises.
J.
There shall be a charge of $20 for replacement of
a lost or damaged identification card.
[Amended 4-28-2015 by Ord. No. 1771]
[Amended 3-4-2014 by Ord. No. 1729; 4-28-2015 by Ord. No. 1771]
The license fees shall be as follows:
A.
Solicitors: Upon submitting an application for a background investigation
of the character and record of such solicitor, an application fee
of $160. Following that investigation and upon approval of the Chief
of Police, a license fee of $320. All licenses shall expire on December
31 of the year in which they are issued.
[Amended 8-17-2021 by Ord. No. 1945]
B.
Peddlers: Upon submitting an application for a background investigation
of the character and record of such peddler, an application fee of
$160. Following that investigation and upon approval of the Chief
of Police, a license fee of $135 per day or $320 per year. All licenses
shall expire on December 31 of the year in which they are issued.
[Amended 8-17-2021 by Ord. No. 1945]
C.
In addition to the application and license fees, there shall be a
charge of $10 for reimbursement of the Township's cost to produce
each solicitor photo identification badge or peddler placard.
This chapter shall not apply to employees of
any public utility which is subject to the regulation of the Board
of Public Utilities Commissioners of the State of New Jersey; provided,
however, that such employee shall display the identification badge
or card issued by his employer; nor shall the same apply to bona fide
members of any church, social, civic, fraternal or philanthropic organizations
located within the Township of Wyckoff or one endorsed by the governing
body of the Township of Wyckoff; nor shall the same apply to any person
holding a license or certificate issued by any department, board,
commission or other agency of the State of New Jersey.
Any violation of any of the provisions of this
chapter shall be punishable by a fine of not more than $500 or by
imprisonment for not more than 90 days, or both.
[Added 11-14-2016 by Ord.
No. 1816]
A.
Any owner or occupant of real property within the Township of Wyckoff
who refuses to be canvassed or solicited pursuant to this chapter
may enroll in the Township's "No Knock" registry by completing the
application for the "No Knock" registry at the Wyckoff Police Department,
police desk clerk, such application being incorporated herein by reference.[1]
[1]
Editor's Note: Said application is included as an attachment to this chapter.
B.
No person, peddler and/or solicitor, as defined in this chapter,
shall sell, buy or dispose of, or offer to sell, buy or dispose of,
any goods, wares, merchandise, other personal property or services
to be rendered in the future, or to take orders for any goods, wares,
merchandise, other personal property or services to be rendered in
the future, or to solicit business from any owner or occupant whose
name and property address is included on the "No Knock" registry list
maintained by the Wyckoff Police Department.
C.
Any person, peddler and/or solicitor shall be subject to the fines and penalties as listed in § 148-11.
D.
No prohibition is hereby made against door-to-door solicitation by
nonprofit, charitable, religious or political organizations, and such
solicitation shall not be impeded by the Township's "No Knock" registry.
