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.
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
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:
A. Peddlers and hawkers: $50 per year.
B. Solicitors and canvassers: $50 per year.
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:
A. 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.