[Adopted 3-16-1982 by Ord. No. 555-82 as Sec. 7-3 of the 1982 Revised General Ordinances (Ch. 243 of the 1993 Code)]
When used in this article, the following terms shall have the following meanings:
- ITINERANT MERCHANTS, TRANSIENT VENDORS and SALESMEN
- In the category of peddler, vendor, hawker, solicitor or canvasser, as set forth herein.
- PEDDLER, HAWKER and VENDOR
- Includes any person traveling either by foot, vehicle or any other type of conveyance, who goes from house to house, from place to place or from street to street, conveying or transporting goods, wares or merchandise and offering or exposing the same for sale or making sales and delivering articles to purchasers, or who engages in any of the foregoing activities from a stationary location on the street or other public place.
- SOLICITOR or CANVASSER
- Includes any person who goes from house to house, from place to place or from street to street, soliciting or taking or attempting to take orders for the sale of services, goods, wares or merchandise or personal property of any nature whatsoever, for future delivery or for services to be performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject for such order and whether or not he or she is collecting advance payments on such orders or who engages in any of the foregoing activities from a stationary location on the street or other public place.
In addition to the requirements of § 249-2, the following information shall be provided:
A brief description of the nature of the business, the goods to be sold and the name and address of the principal office of their manufacturer, as well as the name and address of the agent designated to receive service of process in the State of New Jersey.
If employed, the name and address of the employer.
The length of time for which the right to do business is desired. Soliciting hours are limited between 9:00 a.m. and 9:00 p.m.
[Amended 5-3-1983 by Ord. No. 580-83; 9-21-1993 by Ord. No. 923-93]
Whether or not orders are to be solicited or taken for future delivery of goods or performance of services.
[Amended 9-21-1993 by Ord. No. 923-93]
A fee of $25 shall be paid by each applicant upon the issuance of each license, except as otherwise provided by law.
The equipment used or employed by peddlers, hawkers and vendors of ice cream, foods, beverages, confections and other related commodities shall be maintained in a clean and sanitary manner and be subjected to inspection and approval by the Monmouth County Health Department.
No licensee shall have any exclusive right to any open place upon any sidewalk or any street and shall not be permitted to operate in any congested area where the operations might impede or inconvenience the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
This article shall not be construed to include the selling of any article at wholesale to dealers in such articles or the delivery of milk, eggs, bread, newspapers or other such necessary and perishable articles of food or merchandise of a type commonly delivered on a house-to-house basis at intervals of less than one week.
Any veteran who holds a special license issued under the laws of the State of New Jersey shall be exempt from securing a license or paying the fee as provided herein, but shall be required to register with the Township Clerk and obtain a special veteran's permit, which will be issued by the Clerk upon proper identification and exhibition of such state license.
Any nonprofit religious, charitable, educational, civic or veterans organization, society, association, service club, volunteer first aid or fire company desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for such organization at any place or places within the Township for a charitable, religious, patriotic or philanthropic purpose shall be exempt from the provisions of §§ 325-2 and 325-3, provided that there is filed a sworn application in writing with the Township Clerk or Chief of Police, which shall give the following information:
The name and purpose of the cause for which the permit is sought.
The names and addresses of the officers and directors of the organization.
The period during which solicitation is to be carried on.
Whether or not any commission, fees, wages or emoluments are to be expended in connection with such solicitations and the amount thereof.
The name and address of each agent or representative who will conduct solicitations and the length of time that the agent or representative has been employed of affiliated with the organization, society, association or corporation.
Upon being satisfied that such person, organization, society, association, etc., is a bona fide, nonprofit religious, charitable, educational, patriotic or philanthropic organization and that the agents or representatives who shall conduct the solicitations are of good moral character and reputation, the Township Clerk shall issue a permit without charge to such organization, association or corporation to solicit in the Township. Such organization, association, society, corporation, etc., shall furnish all its members, agents or representatives conducting solicitation, credentials in writing stating the name of the organization, name of the agent and the duration and purpose of solicitation.
[Added 9-21-1993 by Ord. No. 923-93]
For violation of any provision of this article, the maximum penalty, upon conviction, shall not exceed the maximum penalties set forth in Chapter 1, General Provisions, Article III. Each and every violation of any provision of this article shall be considered a separate violation and shall subject the person so charged to the maximum penalty.