Whenever used in this chapter, unless a different meaning clearly
appears from the context, the following terms shall have the meanings
indicated:
CHARITABLE, NONPROFIT AND PHILANTHROPIC
Includes political, patriotic, religious, service, welfare,
benevolent, educational, civic or fraternal corporations, organizations,
associations, societies and the like not organized for private gain.
All applicants shall provide satisfactory proof of nonprofit status
upon request, including but not limited to evidence of tax exemption.
CONTRIBUTION
Includes alms, food, clothes, money, subscription or property
of any nature or kind.
MERCHANDISE
Includes anything or any service sold or offered for present
or future sale by a vendor, including but not limited to goods, food,
seasonal items, home repair services, flowers or greens.
PEDDLER, SOLICITOR, VENDOR or TRANSIENT MERCHANT
Any person, who goes from house to house or from place to
place offering or exposing merchandise or services for present or
future sale, prophesying or preaching, or who engages in any of the
foregoing activities from a location on the street or other public
place. Included in the definition are persons who go from house to
house or place to place collecting information, or financial contributions
or distributing literature.
PERSON or ORGANIZATION
Any natural person, individual, firm, copartnership, corporation,
company, association, church, religious denomination, society, class
or league and principal or agent thereof.
SOLICIT AND SOLICITATION
The request, directly or indirectly, of money, credit, property,
financial assistance and other things of value on the plea or representation
that such money, credit, property, financial assistance or other thing
of value will be used for a charitable and philanthropic purpose as
defined in this chapter. Solicitation shall be deemed to be complete
when made, whether or not the person making the same receives any
contribution.
The requirements of this chapter, insofar as same shall apply
to fees for peddlers, solicitors, vendors and transient merchants,
shall be held not to include the following persons, who are hereby
expressly exempt from its application:
A. Person honorably discharged from the military services of the United
States possessing a peddler's license issued in conformity with
N.J.S.A. 45:24-9 and 45:24-10.
B. 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 said law.
Any person desiring a license pursuant to this chapter shall
file with the Township Police Department Clerk an application to be
supplied by the Police Department Clerk. The application shall be
completed in triplicate and filed with the Police Department Clerk
at least 30 days prior to the first day of the proposed activity.
The applicant shall furnish the following along with the completed
application:
A. The applicant shall complete a New Jersey Universal Fingerprint Form,
authorizing release of any criminal history record information to
the Greenwich Township Police Department, which shall be sworn to
and filed with the Police Department Clerk. The applicant is responsible
to schedule the appointment and pay for any fees associated with this
expense.
B. Applicant's name, permanent address, local address (if different
from permanent address) and telephone number.
C. Name and address of the organization or person(s) on whose behalf
soliciting or peddling is being made, together with telephone numbers.
D. A description of the nature of merchandise to be sold.
E. A statement as to whether or not the applicant has been charged with
or convicted of any crime or disorderly persons offense, including
deceptive business practices or fraud, or a violation of any ordinance
enacted in other municipalities concerning peddling, solicitation
or transient merchandising, and/or violation of any municipal ordinance
other than a traffic violation and the nature, dates and places of
such offenses and the punishment or penalty assessed therefor, if
any.
F. An original letter addressed to the Police Department Clerk from
the firm for which the applicant purports to work, authorizing the
applicant to act as its representative.
G. A list of all towns in New Jersey in which the applicant has conducted
business in the last 12 months, setting forth the specific dates.
H. A statement of whether the applicant has been refused or had revoked
a similar license at any time.
I. Original social security card, which the Police Department Clerk
will photocopy and attach to the application.
J. A current driver's license, which the Police Department Clerk
will photocopy and attach to the application.
K. Motor vehicle registration number, make and model of any motor vehicle
used by the applicant in connection with his peddling and soliciting.
L. Proof of insurance where insurance is required by this chapter.
M. All applicants selling merchandise subject to sales tax shall submit
a copy of a valid certificate of authority issued by the Director
of the New Jersey Division of Taxation, pursuant to N.J.S.A. 54:32B-15,
empowering the applicant to collect sales tax. Certificates shall
not be required for the sale of property exempted from sales and use
taxation pursuant to N.J.S.A. 54:32B-8.2. All licensees shall attach
the original certificate to their cart, stand, truck or other merchandising
device, as required by N.J.S.A. 54:32B-15.
N. Federal taxpayer identification number.
O. All applicants selling food items for immediate consumption shall
submit a copy of the Board of Health license.
P. An instrument, in writing, nominating and appointing the Police Department
Clerk his true and lawful agent with full power and authority to acknowledge
service of notice of process for and on behalf of the applicant in
respect to any matters connected with or arising out of said license.
It shall also contain recitals to the effect that the applicant consents
and agrees that service of any notice of process may be made upon
such agent and, when so made, shall be as valid as if personally served
upon the applicant according to the laws of this or any state and
waiving all claim or right of error by reason of such acknowledgment
of service or manner of service.
Q. For transient merchants, the specific location of operation and a
certificate from the Zoning Officer stating that all zoning and site
review requirements and have been complied with for the subject location
and that all necessary approvals have been granted for such location
by the Planning Board and the written permission of the owner of the
premises for the use of same.
This chapter shall not apply to employees of any public utility
which is subject to regulation by the State Board of Public Utility
Commissioners; provided, however, that such employees shall display
the identification badge or card issued by his employer.
A. Organizations.
(1) Any bona fide members of any church, social, civic, fraternal, educational,
charitable, civic, veteran or philanthropic organization, volunteer
first aid organization or fire company, located within the Township
of Greenwich, desiring to solicit or who have solicited in its name
money, donations of money, property or financial assistance of any
kind, or desiring to sell or distribute any items of literature or
merchandise for which a fee is charged or solicited at any place or
places within the Township for any purpose, shall be permitted to
conduct business in the Township without a license, upon the filing
of a sworn application, in writing, with the Police Department Clerk;
or any member of any such organization not located in the Township
of Greenwich, which organization has received the written approval
and endorsement of the governing body of the Township of Greenwich,
and which shall give the following information:
(a)
Name and address of organization.
(b)
Nature and location of planned activity.
(c)
Period during which solicitation or sale is to be carried on.
(d)
Name, address and social security number of each person who
will conduct solicitations.
(e)
A recent photograph of all persons who are not Township residents
who will conduct solicitations or sales.
(2) Such organization, association, society or corporation shall furnish
all its members, agents or representatives conducting solicitation
or sales with credentials, in writing, stating the name of the organization,
names of the agent and the duration and purpose of solicitation. All
persons or organizations qualifying for a license exemption under
this section shall comply with all other provisions of this chapter.
B. Special exemption.
(1) The Mayor and Township Council, by resolution, may exempt from compliance
with any part or parts of this chapter any person or organization.
Any person or organization seeking an exemption must make a written
request to the Police Department Clerk at least 30 days before the
start of the activity for which the exemption is sought. The Mayor
and Township Council may place conditions or restrictions on the granting
of an exemption.
(2) Criteria for exemption. The following are criteria to be applied
when considering whether an exemption will be granted:
(a)
The charitable nature of the organization.
(b)
The number of participants who are Township residents, eliminating
or minimizing the need for identifying information.
(c)
The reputation of the individual or organization in the community.
(d)
The financial or human resource burden of compliance with any
provision of this chapter when weighed against the benefit to the
Township and/or its residents.
(e)
Whether the activity will result in or lead to a benefit to
the Township residents such as lower taxes, increased public services,
betterment of the community or other public benefit.
(f)
The need to regulate the activity to address safety, health
or other concerns.
Every person to whom a license is issued under the terms of
this chapter shall be governed by the following rules and regulations:
A. All circulars, samples or other matter shall be handed to an occupant
of the property or left in a secure place located on the premises.
B. No person shall enter or attempt to enter the dwelling of any resident
without an express invitation from the occupant of the dwelling.
C. No person shall conduct himself in such a manner as to become objectionable
to or annoy any occupant of any house. Signs posted by property owners
stating "no soliciting" shall be obeyed.
Any person violating any of the provisions or terms of this
chapter, whether as principal, agent or employee of another, shall,
upon conviction of the Municipal Court Judge, be subject to a fine
not exceeding $2,000 or to imprisonment in the county jail not exceeding
90 days, or both, in the discretion of the Judge.