[HISTORY: Adopted by the Township Committee
of the Township of Chesterfield 6-26-2008 by Ord. No. 2008-12.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 132.
Nuisances — See Ch. 138.
Retail food establishments — See Ch. 204.
[1]
Editor's Note: This ordinance also repealed
former Ch. 150, Peddling and Soliciting, adopted 11-13-1967, as amended.
The Township Committee considers the unfair
competition and dishonest business practices of certain canvassers,
hawkers, peddlers, solicitors and itinerant vendors to be detrimental
to the health, safety and welfare of the residents of the Township;
now, therefore, this chapter is enacted to safeguard the health, safety
and welfare of these residents and to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses
issued under this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A person in the business of selling personal property or
services who conducts his business from a fixed location but who does
not intend to continue in business within the Township permanently.
A proprietor of a business which is seasonal in nature who suspends
business during the off-season shall not for that reason alone be
considered an itinerant vendor.
A group of persons, corporation or association organized
for philanthropic, charitable, religious, patriotic or other public-service
purposes and not for private gain. Examples of nonprofit organizations
include veterans groups and organizations which assist the poor, the
aged, the sick, the physically handicapped or mentally retarded or
which aid victims of fire, flood or similar catastrophes. This enumeration
is intended to be typical and shall not be construed as exclusive.
A person who sells or delivers tangible goods, services or commodities from house to house, store to store, place to place or on the streets or in any public place, whether on foot or in a vehicle, whose sales are not made from one established spot, except where they are made in a street or public place, and who makes delivery at the time of his sale. A peddler selling manufactured ready-to-eat food products must also apply for and receive a food handler's license from the Township pursuant to Chapter 204 of this Code.
An individual, firm, partnership, corporation (either profit
or nonprofit), voluntary association, incorporated association, unincorporated
association, society, club, trust or other similar entity or a trustee,
principal or agent thereof.
A person who goes from house to house or from place to place
selling merchandise by sample or by taking orders for future delivery,
with or without accepting advance payments for the goods and regardless
of whether advance solicitation is made by mail, telephone or personal
contact. The provisions of this definition shall apply to the person
who comes in personal contact with the buyer, whether he obtains the
order, delivers the goods or accepts money in payment for them. "Solicitor"
also means any person who goes from house to house or from place to
place for the purpose of obtaining alms, contributions or subscriptions,
or who does research analyses, makes surveys or opinion polls or obtains
rating data or similar information, or who engages in any similar
work which involves a door-to-door or place-to-place activity.
It shall be unlawful for any person to engage
in the business of canvasser, hawker, peddler, solicitor or vendor
without first having secured a license therefor as herein provided.
A.
All applications for licenses shall be made
to the Township Clerk, at least 30 days before said license is desired,
upon the forms provided by the Clerk and shall contain the following
information:
(1)
The name and physical description of the applicant.
(2)
The complete permanent home and local address of the
applicant.
(3)
A description of the nature of the business and the
goods, services or wares to be sold.
(4)
If employed, the name and address of the employer,
together with credentials therefrom establishing the exact relationship
and the authority to work in the Township.
(5)
The length of time for which the right to do business
is desired and the days of the week and the hours of the day within
which said business desires to conduct soliciting activities.
(6)
The source of supply of the goods, products or services
proposed to be sold, where such goods, products or services are located
and the method of delivery.
(7)
Two recent photographs of the applicant, which shall
be approximately two inches by two inches, showing the head and shoulders
of the applicant in a clear and distinguished manner.
(8)
Appropriate evidence as to the good character and
business responsibility of the applicant as will enable an investigator
to properly evaluate such character and business responsibility.
(9)
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation of any municipal
ordinance, other than traffic violations, the nature of the offense
and the punishment or penalty assessed therefor.
(10)
If a vehicle is used, its description, including,
make, model, year, color and license plate number of the vehicle and
the driver's license numbers of the proposed operators.
(11)
Permission by the applicant to submit to a criminal
background check.
B.
Upon receipt of an application, the Township Clerk shall forward the application to the Chief of Police, or his designee, to undergo a background investigation. Said background investigation shall weigh the applicant's business, moral character and ability to properly conduct the licensed activity and the ability to protect the public. If the Police Department determines that the applicant's character, reputation, or evidence of ability to conduct the business in a responsible fashion is/are unsatisfactory, or the products, services or activities unlawful, or if false information is found to be included in the application, he shall notify the Clerk in writing and the application shall be rejected. In such cases, the applicant or licensee may file an appeal to the Township Committee according to the provisions of § 150-7.
C.
All applicants seeking a new peddling and soliciting
license shall be required to submit the results of fingerprinting
and a background check to the Township Clerk with the application
form. An application will be considered incomplete and will not be
processed in the event that results of fingerprinting and a background
check are not provided with the Township’s peddling and soliciting
application form. Prior to submitting an application to the Township,
an applicant shall be required to visit a certified MorphoTrak facility
and undergo fingerprinting and a background check for solicitation
purposes. It shall be the responsibility of the applicant to pay any
and all required fees associated with these services. The results
obtained from the certified MorphoTrak facility shall be submitted
to the Township Clerk with a completed application form. Fingerprint
and background check results from any other similar company beyond
MorphoTrak will be considered and approved at the discretion of the
Chief of Police. Each successive year following an applicant’s
submission of fingerprint and satisfactory background check results,
the applicant will only be required to undergo a name check, performed
by the New Jersey State Police, in order to have the peddling and
soliciting license renewed. Name check forms will be available in
the office of the Township Clerk. An applicant seeking renewal of
a peddling and soliciting license shall be responsible for submitting
to the Township Clerk a completed name check form along with a personal
or cashier’s check to cover the costs of the State Police’s
name check process. In the event that a license lapses and expires
prior to renewal, the applicant shall be required to undergo fingerprinting
and a background check as if applying for a new license.
[Amended 2-14-2019 by Ord. No. 2019-5]
D.
For persons soliciting on behalf of bona fide religious, patriotic, community service or charitable organizations, in addition to the information required under Subsection A above, the applicant, local chairman or other person in charge of solicitation shall set forth upon his or her application the names and addresses of all persons authorized to solicit on behalf of such bona fide religious, patriotic, community service or charitable organizations for the period of the license and shall attach to the application a form of identification card to be carried by each person engaged in such solicitation.
After submission of the application, the Police
Department shall make any investigation necessary and shall indicate
its written approval or disapproval of the license application within
30 days after the application is filed and shall forward the license
application to the Township Clerk. Upon written approval from the
Police Department, the Township Clerk shall issue a license upon the
payment of all required fees.
A.
Upon submission of the license application, the applicant shall pay to the Township a fee as set forth in § 110-150 for purposes of undertaking a background check. Upon approval of the application, the licensee shall pay an additional fee as set forth in § 110-150 for the license.
[Amended 3-25-2010 by Ord. No. 2010-4]
A.
A license may be refused to any person for cause after
investigation or to any person with a criminal record or may be suspended
or revoked after issuance for violation of law or ordinance after
notice to the applicant or licensee. A hearing before the Township
Committee shall be afforded to such applicant or licensee upon written
request to the Township Clerk within five days of the license revocation
or refusal to grant the license.
B.
During the hearing, the Township Committee shall consider
the reasons for rejection or revocation provided by the Police Department
and testimony from the investigating officer(s) if desired. The applicant
or licensee shall have the right to cross-examine the investigating
officer and provide independent oral testimony during the hearing.
Members of the general public shall be permitted to make relevant
statements for the Committee's consideration.
C.
In addition to the reasons for rejection or revocation
provided by the Police Department, the Township Committee may institute
an action for revocation, after notice and hearing, for any of the
following causes:
(1)
Fraud or misrepresentation in any application for
a permit or license.
(2)
Fraud, misrepresentation or other dishonesty in the
conduct of the licensed activity.
(3)
A violation of any provision of this chapter.
(4)
Conviction of the licensee for any felony or high
misdemeanor or a misdemeanor or disorderly person's offense involving
moral turpitude.
(5)
Conduct of the licensed activity, whether by the licensee
himself or his agents or employees, in an unlawful manner or such
a manner as to constitute a breach of the peace or a menace to the
public health, safety or general welfare.
D.
The Township Committee shall weigh the evidence presented
during the hearing and shall determine to reject, revoke or suspend
the license if it is satisfied by a fair preponderance of the evidence
that the licensee has failed to establish the ability to conduct the
requested action without jeopardizing the public safety .
E.
Reinstatement of revoked licenses. The Township Committee
may instruct the Township Clerk to issue another license to a person
whose license has been suspended or revoked if, after a hearing, it
is satisfied by clear and convincing evidence that the acts which
led to the revocation will not occur again; otherwise, no person whose
license has been suspended or revoked, nor any person acting for him,
directly or indirectly, shall be issued another license to carry on
the same activity.
The granting of said license shall not authorize
any person except the person named in said license to engage in business
thereunder, and said license shall not be transferable from the person
to whom issued to any other person. A separate license must be obtained
by a licensee hereunder for every agent or employee working for him
or it.
Every person holding a license under this chapter
shall be required to carry the license with him while engaged in the
business licensed. That person must produce the license at the request
of any person solicited, a police officer or any official of the Township
of Chesterfield. All automobiles, wagons, carts or other vehicles
used for canvassing, hawking, peddling, soliciting or vending shall
have affixed thereon a license.
A.
To every person granted a license, the Township Clerk
shall issue a license certificate bearing the words "Chesterfield
Township Peddler's, Solicitor's and Vendor's Permit," together with
the name of the licensee, the number of the license and the year for
which it is issued.
B.
The license shall be for a term of one calendar year
expiring at 12:00 midnight of December 31 of the year issued, except
where the license application states that the time desired is to terminate
prior to December 31, and, in that event, the license shall expire
at 12:00 midnight on the date requested in the application.
Every person to whom a license is issued under
the terms of this chapter shall be governed by the following rules
and regulations:
A.
No person or vehicle shall stand or be parked for
the purpose of display or selling goods, products or services on any
public or private property within a distance of 200 feet from the
nearest public, private or parochial school in Chesterfield Township
during school hours. "School hours" shall mean any time during which
school may be in session.
B.
No licensee shall sell or attempt to sell in accordance
with the terms of this chapter, except as set forth in the preceding
subsection, before 9:00 a.m. or after 8:00 p.m. prevailing time. The
aforesaid time limitation shall not apply to persons who are expressly
invited into homes by the occupants thereof.
C.
No licensee shall park his vehicle or dispensing container
for a period of time longer than it takes to make a sale to a customer.
D.
No person or vehicle shall stand or be parked in a
fixed location for the purpose of displaying or selling goods, products
or services on any public or private property where to do so is likely
to cause a crowd, impede vehicular or pedestrian traffic or produce
annoying sounds, voices or disturbances which interfere with the comfort
of residents.
E.
No person shall strew or litter or cause to be strewn
or littered the public streets and highways with refuse or waste matter
of any kind or to in anywise interfere with the comfort or convenience
of the residents or business of the occupants or owners of adjacent
property.
F.
All circulars, samples or other matter shall be handed
to an occupant of the property and not left on or about the same.
G.
No person shall enter or attempt to enter the house
of any resident in the Township without an express invitation from
the occupant of the house.
H.
No person shall conduct himself or herself in such
manner as to become objectionable to or annoy an occupant of any house.
The terms of this chapter shall not be held
to include the acts of persons selling personal property at wholesale
to dealers in such articles.
No licensee shall have any exclusive right to
any location in the public streets. No licensee shall enter upon any
public property, including Township parks for the purpose of peddling
or soliciting without express written consent of the Township.
The Township Clerk shall maintain a record for
each license issued and record the reports of violations therein.
This chapter shall not affect any person engaged
in delivering goods, products or wares or other articles or things
in the regular course of business to the premises of the person ordering
or entitled to receive the same.
Any licensee who shall be guilty of any fraud,
cheating or misrepresentation, whether through himself or through
an employee or agent, while acting as a canvasser, hawker, peddler,
solicitor or itinerant vendor in the Township of Chesterfield or who
shall barter, sell or peddle any goods or products or services, other
than those specified in his application, shall be deemed guilty of
a violation of this chapter.
Any person violating the terms of this chapter
shall, upon conviction thereof, be subject to a fine not exceeding
$2,000 or to imprisonment not exceeding 90 days, or both, in the discretion
of the court.
