[HISTORY: Adopted by the Mayor and Council
of the Borough of Prospect Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-21-1945 (Ch. 62, Art. I, of the 1974 Code)]
It shall be unlawful for any peddler to sell
or dispose of or offer to sell or dispose of any goods, wares or merchandise
within the limits of the Borough of Prospect Park without first obtaining
a license and paying the license fee hereinafter described.
As used in this article, the following terms
shall have the meanings indicated:
A person who goes from place to place by traveling on the
streets, or goes from house to house, carrying with him goods, wares
and merchandise for the purpose of selling and delivering them to
consumers.
Any person desiring a license to peddle shall
file an application with the Borough Clerk, setting forth the following
information: name of applicant, permanent home residence, place or
places of residence of the applicant for the preceding three years,
a description of the wares to be offered for sale and, if manufactured
articles, the name of the manufacturer and the person from whom the
applicant purchases his goods, the number of either arrests or convictions
for either misdemeanors or crimes and the nature of the offense for
which arrested or convicted, and in cases where the applicant is selling
only one manufacturer's goods, a letter from such manufacturer shall
be annexed stating that the applicant is duly authorized to act as
the representative of said manufacturer.
Following the filing of the application, the
Chief of Police shall, with reasonable speed, verify the information
set forth therein regarding the applicant and shall signify his approval
or rejection on the reverse side of the application.
Upon verification and approval of the application
and the payment of the prescribed fee, a license shall be issued by
the Borough Clerk.
No license so issued shall authorize any person
except the person named in the license to engage in business thereunder.
Licenses shall not be transferable.
A separate license must be obtained by an employer
for every agent or employee peddling as aforesaid for said employer.
All licenses shall be issued on forms drawn
in accordance with this article and shall be printed in book form
with corresponding stubs and shall be numbered consecutively.
All licenses shall show the name of the person
to whom it is issued, the location of the business and the fee paid.
Every person holding a license under this article
shall be required to carry the license with him while engaged in his
business in the Borough of Prospect Park and must produce the license
at the request of any official of said Borough.
To every person granted a license, the Borough
Clerk shall issue a metal plate bearing the words "Licensed Peddler
of the Borough of Prospect Park," together with the number of the
license and the year for which it is issued.
All vehicles used for peddling shall have affixed
thereto said metal plate.
The fee for a peddler's license for each year
or fraction thereof shall be $10 for one vehicle and $7.50 for each
additional vehicle used by any one peddler; for a peddler using no
vehicle in his business, the license fee shall be $7.50. All licenses
shall terminate on April 30 after the date issued.
Any license issued may be revoked, after a hearing
by the Mayor and Council of the Borough of Prospect Park, for any
violation of the terms of this article or other municipal ordinance
or state or federal statute or for any falsification in applying for
the license.
A license may be suspended for not more than
two weeks by the issuing officer, without a hearing.
[Added 11-11-1974]
No person, firm or corporation, whether licensed
or not, shall visit or call at any private residence for the purpose
of peddling goods, wares or merchandise when banned by the householder
by a sign bearing words to the effect that peddlers are not invited
or are prohibited.
[Added 11-11-1974]
No person shall peddle wares, goods or merchandise
in this Borough on Sunday nor before the hour of 9:00 a.m. or after
the hour of 4:00 p.m. on weekdays.
[Added 11-11-1974]
Any person peddling wares, goods or merchandise
pursuant to this article shall approach any house within the Borough
from the entrance closest to the street on which such house fronts
and shall not go to any side or rear entrance unless instructed and
invited to do so by an occupant of said house.
[Added 11-11-1974]
A.
This article shall not be construed to include the
selling of any article at wholesale to dealers in such articles nor
the delivery of milk, eggs, bread, newspapers or such other 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, nor the selling of products actually grown by the seller, but
the foregoing shall be subject to any and all regulations, statutes
and ordinances concerning food handling and food handlers and all
other applicable ordinances, regulations and statutes of the Borough
and state.
B.
Any veteran or volunteer fireman who holds a special
license issued pursuant to N.J.S.A. 45:24-9, as may be supplemented
and amended, shall be exempt from the fee, but shall be required to
comply with all other applicable sections of this article.
[Amended 11-13-1995 by Ord. No. 1995-6]
[Adopted 6-17-1963 (Ch. 62, Art. I, of the 1974 Code)]
[Amended 12-15-2008 by Ord. No. 2008-17]
It shall be unlawful for any solicitor or canvasser, as defined in § 296-22 of this article, to engage in such business within the corporate limits of the Borough of Prospect Park without first obtaining a permit and license therefore in compliance with the provisions of this article, unless specifically exempted by the provisions of § 296-36 of this article.
[Amended 12-15-2008 by Ord. No. 2008-17]
As used in this article, the following terms
shall have the meanings indicated:
Any individual, entity or organization, whether a resident of the Borough of Prospect Park or not, traveling by foot, wagon, automobile, motor or motorized vehicle or any other type of conveyance from door to door solely for the purpose of distributing documents, pamphlets, flyers and/or any other type of printed, published and/or written materials or information, regardless of medium, to an occupant of a residence, or to discuss with such occupant issues of noncommercial public or religious interest. Any individual, entity or organization who solicits, requests, accepts or attempts to solicit, request or accept any money, goods, personal property of any nature, services to be performed or furnished in the future, donations and/or financial assistance of any kind for and/or on behalf of any individual, entity and/or organization, even in connection to or as part of the distribution of documents, pamphlets, flyers and/or any other type of printed, published and/or written materials or information, regardless of medium, to an occupant of a residence, or discussion with such occupant, regarding issues of noncommercial public or religious interest shall be deemed a solicitor subject to the provisions of this article, unless specifically exempted by the provisions of § 296-36 of this article.
Any individual, entity or organization, whether a resident
of the Borough of Prospect Park or not, traveling by foot, wagon,
automobile, motor or motorized vehicle or any other type of conveyance
from door to door for the purpose of:
Taking or attempting to take orders for the sale of goods, wares
and merchandise, personal property of any nature whatsoever for future
delivery, or for services to be performed or furnished in the future,
whether or nor such individual has, carries or exposes for sale a
sample of the subject of such sale or whether such individual is collecting
advance payments on such sales or not, provided that this definition
shall include any person who, for such person, or any other person,
firm or corporation, hires, leases, uses or occupies any building,
structure, lodging house, apartment, shop or any other place within
the Borough for the sole purpose of exhibiting samples and taking
orders for future delivery; and/or
Soliciting, requesting, accepting or attempting to solicit,
request or accept any money, goods, personal property of any nature,
services to be performed or furnished in the future, donations and/or
financial assistance of any kind for and/or on behalf of any individual,
entity and/or organization, including any such solicitation in connection
to or as part of the distribution of documents, pamphlets, flyers
and/or any other type of printed, published and/or written materials
or information, regardless of medium, to an occupant of a residence,
or discussion with such occupant, regarding issues of noncommercial
public or religious interest.
A.
Applicants for permit and license under this article
must file with the Police Department sworn application, in writing
(in duplicate), on a form to be furnished by the Police Department
at least two days prior to any business undertakings, which shall
give the following information:
(1)
Name and description of the applicant.
(2)
Permanent home address and full local address of the
applicant.
(3)
A brief description of the nature of the business
and the goods to be sold.
(4)
If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
(5)
The length of time for which the right to do business
is desired.
(6)
The place where the goods or property proposed to
be sold, or orders taken for the sale thereof, are manufactured or
produced, where such goods or products are located at the time said
application is filed and the proposed method of delivery.
(7)
Two photographs of the applicant, taken within 90
days immediately prior to the date of filing the application, which
pictures shall be at least two inches by two inches showing the head
and shoulders of the applicant in a clear and distinguishing manner.
(8)
A statement as to whether or not 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.
B.
At the time of the filing of the application, a fee
of $5 shall be paid to the Borough Clerk to cover the cost of registration
and licensing.
A.
Upon receipt of such application, the original shall
be referred to the Chief of Police, who shall 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.
B.
Where the investigation reveals the applicant to be
of unsatisfactory moral or business character, the Chief of Police
shall endorse on the application his disapproval and his reasons for
the same and return said application to the applicant and shall notify
the applicant that his application is disapproved and that no permit
and license will be issued.
C.
If as a result of the investigation the character
and business responsibility of the applicant are found to be satisfactory,
the Chief of Police shall endorse on the application his approval
and forward said application to the Borough Clerk, who shall execute
a permit for the carrying on of the business applied for and, upon
payment of the prescribed license fee, deliver to the applicant his
permit and issue a license. Such license shall contain the signature
and seal of the issuing officer and shall show the name, address and
photograph of said licensee, the class of license issued and the kind
of goods to be sold thereunder, the amount of fee paid, the date of
issuance and the length of time the same shall be operative, as well
as the license number and other identifying description of any vehicle
used in such soliciting or canvassing. The Clerk shall keep a permanent
record of all licenses issued.
A.
The license fee which shall be charged by the Borough
Clerk for such license shall be $5 per day, $15 per week, $25 per
month, $50 per year.
B.
The annual fee herein provided shall be assessed on a calendar-year basis, and on or after July 1 the amount of such fee for an annual license shall be 1/2 the amount stipulated in Subsection A above for the remainder of the year.
C.
None of the license fees provided for by this article shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the Mayor and Council for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at or within six months after payment of the prescribed license fee. The applicant may, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the Mayor and Council may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The Mayor and Council shall then conduct an investigation, comparing applicant's business with other businesses of like nature, and shall make findings of fact from which it shall determine whether the fee fixed by this article is unfair, unreasonable or discriminatory as to applicant's business, and shall fix as the license fee for the applicant an amount that is fair, reasonable and nondiscriminatory or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the Mayor and Council shall have the power to base the fee upon a percentage of gross sale or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by Subsection A above of this section. Should the Mayor and Council determine the gross sales measure of the fee to be the fair basis, it may require the applicant to submit, either at the time of termination of applicant's business in the Borough of Prospect Park or at the end of each three-month period, a sworn statement of the gross sales and to pay the amount of fee therefor, provided that no additional fee during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license as prescribed in Subsection A above of this section.
[Amended 12-15-2008 by Ord. No. 2008-17]
A.
The Borough Clerk shall issue to each licensee, at the time of delivery
of the license, a badge which will contain the words "Licensed Solicitor,"
the period for which the license is issued and the number of the license,
in letters and figures easily discernible from a distance of 10 feet.
Such badge shall, during the time such licensee is engaged in soliciting,
be worn constantly by the licensee on the front of his or her outer
garment in such a way as to be conspicuous.
B.
All canvassers and solicitors as defined in § 296-22 hereof, whether veteran, exempt firefighter or otherwise, shall be required to obtain such badge. Any person holding a special license issued under and in accordance with N.J.S.A. 45:24-9 et seq. shall be required to deposit with the Borough Clerk the sum of $2 for the issuance of said badge, which sum of $2 shall be returned to such person upon return of the badge to the Borough Clerk.
[Amended 12-15-2008 by Ord. No. 2008-17]
Solicitors and canvassers, except those exempted by the provisions of § 296-36 of this article, are required to exhibit their licenses at the request of any citizen.
[Amended 12-15-2008 by Ord. No. 2008-17]
It shall be the duty of any police officer of the Borough of Prospect Park to require any person seen soliciting or canvassing and who is not known to such officer to be duly licensed or to be exempted by the provisions of § 296-36 of this article to produce his or her solicitor's or canvasser's license, and to enforce the provisions of this article against any person found to be violating the same.
The Chief of Police shall report to the Borough
Clerk all convictions for violation of this article, and the Borough
Clerk shall maintain a record of each license issued and record the
reports of the violations therein.
A.
Permits and licenses issued under the provisions of
this article may be revoked by the Mayor and Council of the Borough
of Prospect Park, after notice and hearing, for any of the following
causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his business as solicitor or as canvasser.
(3)
Any violation of this article.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of soliciting or of canvassing
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.
B.
Notice of the hearing for the revocation of a license
shall be given, in writing, setting forth specifically the grounds
of complaint and the time and place of hearing. Such notice shall
be mailed, postage prepaid, to the licensee at his last-known address
at least five days prior to the date set for the hearing.
All annual licenses issued under the provisions
of this article shall expire on the 31st of December in the year when
issued. Other than annual licenses shall expire on the date specified
in the license.
All licenses heretofore issued shall expire
on December 31, 1963, and thereafter all licensees shall make application
for a new license in accordance with the terms and provisions of this
article.
[Added 11-11-1974]
No person, whether the holder of a license or
permit or not, shall visit or call at any private residence for the
purpose of soliciting when banned by the householder by a sign bearing
words to the effect that solicitors or canvassers are not invited
or are prohibited.
[Added 11-11-1974; amended 12-15-2008 by Ord. No. 2008-17]
No individual, entity or organization shall
solicit or canvass on Sundays nor before 9:00 a.m. or after 8:00 p.m.
on any other day.
[Added 11-11-1974]
Any person soliciting pursuant to this article
shall approach any house within the Borough from the entrance closest
to the street on which such house fronts and shall not go to any side
or rear entrance unless instructed and invited to do so by an occupant
of said house.
[Added 11-11-1974; amended 12-15-2008 by Ord. No. 2008-17]
A.
Nonprofit organizations.
(1)
Any nonprofit, educational, religious, political, civic or veterans organization, service club, charitable or benevolent society, service club or volunteer fire or first aid company desiring to distribute documents, pamphlets, flyers and/or any other type of printed, published and/or written materials or information, regardless of medium, to an occupant of a residence, or to discuss with such occupant issues of noncommercial public or religious interest, shall comply with the provisions of §§ 296-28, 296-29, 296-33, 296-34, 296-35, and 296-37 of this article, but shall be exempt from all other provisions of this article.
(2)
Any nonprofit, educational, religious, political, civic or veterans organization, service club, charitable or benevolent society, service club or volunteer fire or first aid company desiring to solicit or have solicited in its name any money, goods, personal property of any nature, services to be performed or furnished in the future, donations and/or financial assistance of any kind or to sell or distribute for a fee of any type any item, literature, goods, personal property of any nature, or services of any nature to be performed immediately and/or to be furnished in the future, shall comply with the provisions of §§ 296-28, 296-29, 296-33, 296-34, 296-35, and 296-37 of this article, but shall be exempt from all other provisions of this article, provided that a completed registration form, in writing, containing the following information, is filed with the Borough Clerk by no later than 10 business days (not inclusive of holidays and/or weekends) prior to the period of time during which the organization intends to conduct solicitation:
(a)
Name, address and telephone number(s) of the organization.
(b)
Names, addresses and telephone numbers of the officers and directors
of the organization.
(c)
A description of the nature and type of solicitation which the
organization intends to conduct.
(d)
The period of time during which the organization intends to
conduct solicitation.
(3)
After receiving the filed registration form, the Borough Clerk shall
promptly enter the information contained therein in to the List of
Registered Solicitors. The List of Registered Solicitors shall be
regularly updated as is reasonable practical. A copy of the List of
Registered Solicitors shall be regularly provided to the Borough of
Westville Police Department.
B.
Census, poll and survey takers. Federal census takers and polls or
surveys taken pursuant to federal, state or local law shall not be
prohibited by this article.
C.
Wholesale, newspaper and perishable item dealers. This article shall
not be construed to include the selling of any article at wholesale
to dealers in such articles nor the delivery of milk, eggs, bread,
newspapers or such other 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, nor the selling of products actually
grown by the seller, but the foregoing shall be subject to any and
all regulations, statutes and ordinances concerning food handling
and food handlers and all other applicable ordinances, regulations
and statutes of the Borough and state.
D.
Veterans and volunteer firefighters. Any veteran or volunteer firefighter
who holds a special license issued pursuant to N.J.S.A. 45:24-9, as
may be supplemented and amended, shall be exempt from the fee, but
shall be required to comply with all other applicable sections of
this article.
