[HISTORY: Adopted by the Mayor and Council of the Borough of Wharton (Sec. 6-3 of the Revised General Ordinances). Amendments noted where applicable.]
The Borough recognizes peddling as a legitimate occupation; however, it is also recognized that the right to peddle is the right to go from place to place selling one's wares and not the right to remain indefinitely at a fixed location. It is the purpose, therefore, of this chapter to regulate pedestrian and vehicular traffic and to prevent obstruction of ingress and egress on the sidewalks in front of retail stores and on the public roads and generally on any other location and any other site located with the Borough of Wharton.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes all goods, wares, food, fruit, vegetables, farm products, magazines, periodicals, newspapers and all kinds of articles of personal property for cosmetic use; orders or contracts for a service, home improvement or alteration shall be considered merchandise within the terms of this chapter.
- PEDDLER or HAWKER
- A person who goes from place to place by travelling on the streets or from house to house and carries with him goods, wares and merchandise for the purpose of selling and delivering them to consumers or buyers.
- SOLICITOR or CANVASSER
- A person selling goods by sample or taking orders for services, home improvements or alterations to be furnished, done or delivered at a future date, with or without accepting an advance payment for the goods, wares, merchandise or services sold or contracted for.
It shall be unlawful for any peddler, hawker, solicitor or canvasser to sell or dispose of or offer to sell or dispose of any goods, wares, merchandise or services to be rendered in the future, or to take orders for any goods, wares, merchandise or services to be delivered or rendered in the future, within the Borough without first obtaining a license therefor. Any person who sells his goods, wares or merchandise from a fixed location does not qualify for a license under this chapter. A peddler may remain stationary, however, while he is making a sale and actually serving customers and while potential customers are surveying the vendor's goods. Therefore, the vendor may stay in a fixed location for the purpose of a sale for a reasonable time before and after a sale. The reasonable time, for purposes of this chapter, is construed not to exceed 20 minutes.
The requirements of this chapter, insofar as the same shall apply for fees, shall be held not to include the following persons, who are hereby expressly exempt from its application:
Any person honorably discharged from military services of the United States and possesses a peddler's license issued in conformity with N.J.S.A. 45:24-9 and 45:24-10.
Any person who is an exempt fireman of a volunteer fire department, as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing a license in conformity with the law.
Any person selling fruits, vegetables and farm products grown by himself, with or without the help of others.
Any person who conducts a sale pursuant to law or court order.
Any charitable or religious society conducting sales, where the proceeds shall be applied to the payment of expenses of the sale and to the charitable and religious business or affairs for which the charitable or religious society exists.
Although a vendor may be exempt from the fee, he still is required to apply for and obtain a license under this chapter, and failure to obtain a license will subject the violator to the penalties herein.
Any person desiring a license shall file with the Borough Clerk an application blank to be supplied by the Clerk containing the following information:
Name and permanent address of applicant.
Age, weight and height.
Car license number and car registration number.
Name and address of employer.
Type of merchandise or service to be sold.
At least three business and character references.
The residence of applicant for the preceding three years.
The length of time for which license is desired.
The number of arrests or convictions for misdemeanors, crimes or disorderly conduct, and when and where the offenses occurred.
If the applicant is an employee or agent, he must attach to the application form a letter from the firm or corporation for which the applicant purports to work, authorizing applicant to act as its agent or representative.
When application is properly filled out and signed by the applicant, it shall be the duty of the Borough Clerk to refer the same to the Chief of Police to investigate the statements made therein and not more three days shall be allowed for such investigation. After investigation, the Clerk and the Chief of Police shall indicate approval or disapproval in writing upon the application. In case of disapproval of an application, the applicant may appeal to the Mayor and Council. The Mayor and Council shall set a time and place for a hearing, which hearing shall be held within 10 days after appeal is taken by applicant, at which hearing applicant will be given an opportunity to present his reasons why the license should be issued. The decision of the Mayor and Council shall be final.
It shall be the duty of the Borough Clerk to issue licenses where the provisions of this chapter have been complied with. Licenses will be in the form of a card bearing the number, the name of the Borough and the word "peddler" or "solicitor" or other suitable inscription, and the date of issue and date of expiration.
The Clerk shall issue with each license a badge or card bearing a number and name of the Borough and the word "peddler" or "solicitor" or other suitable inscription. Upon the issuing of the badge or card, a deposit of $2 shall be collected as security for the return thereof at the expiration of the license. The licensee to whom the badge is issued shall wear the same conspicuously upon his clothing at all times he is working in the Borough.
All licensees using automobiles, wagons, carts or other vehicles shall have affixed thereon a metal plate to be supplied by the Borough Clerk. The plate shall bear the words "Licensed Peddler, Borough of Wharton," together with a number and year for which it is issued.
It shall be the duty of the Borough Clerk to incorporate, as a part of his monthly report to the Mayor and Council, the number of licenses issued, the period of time of each license and fees paid for licenses, and the Clerk shall submit a check in payment of all license fees collected during each month.
The Mayor and Council may revoke a license if the licensee violates any of the terms of this chapter or any Borough ordinance or any state or federal law or because of any falsification in the application for the license or for other good and sufficient reasons. The licensee must be granted a hearing by the Mayor and Council upon his or its request in writing. Notice of the time and place of hearing shall be given the licensee, at which hearing he will be given an opportunity to present reasons why his license should not be revoked.
The license fee shall be as follows:
This section shall not apply to employees of any public utility which is subject to regulation by the State Board of Public Utility Commissioners, provided that such employee shall display the identification badge or card issued by his employer. This chapter shall not apply to bona fide members of any church, social civic, fraternal, educational, or philanthropic organization located within the Borough or any member of such organization not located in the Borough which has received the approval and endorsement of the Mayor and Council. This chapter shall not apply to members of any organization or committee of a duly constituted political party, as defined by N.J.S.A. 19:1-4, when any member is engaged in the lawful activities, functions and objectives of such political party.
Any person desiring a license for one day only shall follow and fulfill all of the requirements and abide by all of the regulations as set forth in §§ 219-1 through 219-10, with the following exceptions:
The fee for this one-day solicitor's and peddler's permit shall be $15. The permit will only be valid for the date specified on the application form. In the event that the same event is postponed or rescheduled, then this permit is extended to the rescheduled date for the same event only.
For events sponsored by the Borough of Wharton, then-established businesses which are located along the route of the event may bring their wares on the sidewalk, provided that they do not block the sidewalks. During these one-day events, the provisions of § 219-2 shall not apply.
Any person who is convicted of a violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty. Each sale shall constitute a separate offense and subject the violator to the penalties as subscribed herein.