The purpose of this chapter is to prevent fraud, crime and unethical
and dishonest business practices and to protect the legitimate privacy
expectations of the citizens of the Borough while at home.
As used in this chapter, the following terms shall have the
meanings indicated:
CANVASSER
A person who goes from place to place by travelling on the
streets or from house to house for the purpose of soliciting opinions
or sales orders.
MERCHANDISE
Includes all goods, wares, food, fruit, vegetables, farm
products, trees, shrubs, flowers, magazines, periodicals and all kinds
of articles of personal property for domestic use. Orders or contracts
for services, home improvements or alterations shall be considered
"merchandise" within the terms of this chapter.
NON-PROFIT-MAKING VENDOR
A person who sells goods or services, the proceeds of which
are devoted exclusively to the purpose of a philanthropic, charitable
or religious society on whose behalf he acts as agent, with or without
pay.
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 or
merchandise for the purpose of selling and delivering them to consumers
or buyers.
SOLICITOR
A person who:
A.
Sells goods by sample or takes 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; or
B.
Seeks donations/contributions on behalf of charitable organizations
or for charitable purposes.
TRANSIENT MERCHANT or ITINERANT VENDOR
Persons, corporations or partnerships, whether principal
or agent, who engage in a merchandising business in the Borough with
intent to close or discontinue such business within one year from
the date of commencement, including those who, for the purpose of
carrying on such business, hire, lease, rent or occupy any land, building,
structure or railroad car for the exhibition and sale of such goods,
wares and merchandise. "Transient merchant" shall also include any
person who, as a private enterprise, schedules, organizes or promotes
any entertainments, concerts, athletic events, contests, competitions
or beauty pageants to be held on a nonregular basis and which requires
the payment of a fee for entry or admission, wherein such event is
to take place within the confines of the Borough of Kenilworth; provided,
however, that no such person shall be classified as "transient merchant"
if he is sponsored by any bona fide civic, fraternal, educational
or religious organization having a local chapter in the Borough of
Kenilworth. Nothing in this definition shall be construed to affect
the sale of fruits, vegetables and farm products, such as meat, poultry,
butter and eggs. (Reference N.J.S.A. 45:24-1.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. Upon approval by the Chief of Police and upon payment of the required
fees, the Chief of Police shall issue all licenses and keep all necessary
records pertaining thereto.
B. Such issued licenses shall not be transferable or assignable to any
other person.
C. Each individual, whether an employer or employee, who shall personally engage in the action set forth in §
144-3A of this chapter shall obtain the necessary license.
D. Each employer engaged in the activities set forth in §
144-3B of this chapter shall obtain the necessary license.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. Every licensee shall have his license in his possession or on the
premises and prominently displayed while engaged in the business permitted.
The licensee shall produce his license at the request of any person
solicited, any Borough police officer or any official of the Borough.
B. Every licensee shall, in person, report to the Chief of Police or,
in his absence, the officer in charge at police headquarters to notify
the Kenilworth Police Department of his presence within the community
on any date where the permitted activity takes place. While canvassing,
the canvasser shall display said license in a prominent and suitable
place on his outer garment.
C. In the case of transient merchants or itinerant vendors, at the time
of application each merchant or vendor shall provide the Police Department
with a list of all employees, which list shall include names, addresses,
telephone numbers and social security numbers. In the event that an
employee is discharged, the Police Department shall be notified within
24 hours and shall be supplied with a written explanation setting
forth the reasons for the discharge. In the event that a new person
is employed, that person's name, address, telephone number and
social security number shall be provided to the Police Department
within 24 hours of hiring.
[Amended 3-29-1995 by Ord. No. 95-7; 9-12-2018 by Ord. No. 2018-14]
A. An application fee as set forth in Chapter
91, Fees and Licenses, shall be paid for the processing of each license application.
B. The license fee, which shall be valid for a period of 30 days, shall be set forth in Chapter
91, Fees and Licenses.
C. The following persons are exempt from the payment of any license
fees upon a showing of proof satisfactory to the Chief of Police:
(1) Non-profit-making vendors.
(2) Any person honorably discharged from the military service of the
United States possessing a peddler's license issued in conformity
with N.J.S.A. 45:24-9 and 45:24-10.
(3) Any person who is an exempt fireman, as defined by N.J.S.A. 45:24-9
and 45:24-10, possessing a license in conformity with said law.
(4) Bona fide members or representatives of any church, social, civic,
fraternal, political or philanthropic organization, so long as the
intended activity is to benefit only the organization to which the
member belongs.
(5) Any other person holding a license or permit issued under any legislation
of the United States Government or by a state agency pursuant to statute.
[Amended 9-12-2018 by Ord. No. 2018-14]
A license shall be issued for a term not to exceed 30 days.
Upon renewal of the license, the payment of the application fee is
waived if the license is renewed within 60 days of the expiration
of the previously issued license.
[Amended 5-23-2018 by Ord. No. 2018-07; 9-12-2018 by Ord. No. 2018-14]
A permit granted as provided in this chapter shall be revoked
by the Chief of Police or, in his absence, the officer in charge of
police headquarters on the basis of further investigation with regard
to the character of the permittee or upon the failure or default of
the permittee to observe the provisions of this chapter or the Borough's
"No Knock Ordinance," Ordinance No. 2018-06.
[Amended 9-12-2018 by Ord. No. 2018-14]
Any person, firm or corporation who or which violates any provision of this chapter shall, upon conviction, be subject to the general penalty set forth in Chapter
1, Article
I, General Penalty, of the Borough of Kenilworth Code.