As used in this chapter, the following terms
shall have the meanings indicated:
Any person, whether a city resident or not, who goes from
house to house, from place to place or from street to street, conveying
or transporting goods, wares or merchandise or services and offering
or exposing the same for sale or making sales and delivering articles
to purchasers; and also one who sells or shows for sale wares in a
location other than inside a structure taxed as an improvement on
real estate.
Any person, whether a city resident or not, who goes from
house to house, from place to place or from street to street, soliciting
or taking or attempting to take orders for sale of services, goods,
wares or merchandise, including magazines, books, periodicals, photographs
or personal property of any nature whatsoever for future delivery
or for services to be performed in the future, whether or not such
individual has carries, or exposes for sale a sample or the subject
for such order or whether or not he is collecting advance payment
on such orders or to obtain information for any purpose not found
by the Council to be a public purpose in its review of the application.
[Amended 10-16-1995 by Ord. No. 95-15]
[Amended 10-16-1995 by Ord. No. 95-15]
The licensing requirements of this chapter shall
not include or apply to the following:
A.
Any person soliciting votes or support for any bona
fide political candidate seeking public office, including primary
election; any activity or conduct connected with or relating to voter
registration; or any conduct or activity relating to the expressing
of opinion on or soliciting support for any public candidacy or public
issue or question.
B.
Any person engaged in delivering wares, goods or merchandise,
services or other articles or things in the regular course of business
to the premises of the person ordering or entitled to receive the
same.
C.
Any person selling fruits, vegetables and farm products
both grown and sold on his or her own premises within the city.
D.
Any person who conducts a sale pursuant to statute
or court order.
E.
Any blind person who is a resident of the City of
Salem.
F.
Peddlers and solicitors at special events, where such
event is approved by resolution of the Council which waives compliance
with this chapter.
[Amended 10-16-1995 by Ord. No. 95-15]
Any person who is a resident of the City of
Salem representing a bona fide charitable or fraternal nonprofit organization,
such as Boy or Girl Scouts, Little League, Cancer Fund or United Fund,
who is soliciting contributions for such organizations, shall be required
to register under the provisions of this chapter but shall be exempt
from any licensing fee.
It is unlawful for any peddlers or solicitors
to engage in any such business or operations in the city, without
obtaining a license in compliance with this chapter and only in the
city locations as permitted herein.
A.
Applicants for a license under this chapter shall
file with the City Treasurer a sworn application in writing, which
shall give the following information:
(1)
Name and physical description of applicant.
(2)
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.
(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 the business will be conducted.
(6)
The source of supply of the goods or property or services
proposed to be sold, where such goods, services or products are located
and the method of delivery.
(7)
The location of sale, if sale is to be at a fixed
spot other than a structure taxed as an improvement on real estate,
together with statement of ownership of the property and written consent
of the owner if other than the applicant.
(8)
Three 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 distinguishable manner.
(9)
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.
(10)
A statement as to whether or not the applicant
has been convicted of any crime, misdemeanor or violations, the nature
of the offense and the punishment assessed therefor.
(11)
Proof of compliance in accordance with N.J.S.A.
40:52-1.3 in regard to sales tax.
B.
The applicant shall be fingerprinted, if requested
by the head of the Police Department, who shall determine whether
the fingerprints are necessary for proper identification, which fingerprints
are to be recorded and processed immediately for classification and
identification.
C.
No license shall be issued until the application is
approved by the head of the Police Department, allowing adequate time
for investigation of the facts set forth in the application.
D.
Applications for partners shall be signed by all partners,
with the foregoing provisions of this section answered in detail as
to each partner. Applications of corporations shall have attached
thereto individual statements, in accordance with all of the provisions
of this section, relating to every employee, agent or servant who
shall engage in any of the functions authorized by this section, and
each person shall comply with this section.
[Amended 10-16-1995 by Ord. No. 95-15]
A.
The head of the Police Department shall immediately,
upon the filing of the application, institute such investigation of
the applicant's qualifications for a license, including moral character,
business responsibility and nature of product or services, which shall
be reasonably necessary for the protection of the public welfare;
and if the application is approved, he shall make the necessary recommendation
to the Council. Upon approval by the Council, the City Clerk shall
issue the license.
B.
If, as a result of such investigation, the application
is not approved because the applicant's character or business responsibility
is found to be unsatisfactory or the product or services are not free
from fraud or for other valid reasons the applicant does not qualify
for a license, the head of the Police Department shall so inform the
Council, who may disapprove said application. The City Clerk shall
notify applicant in writing at his last known address that his application
has been disapproved and the reasons therefor.
A.
Peddlers or solicitors shall pay the following fees:
(1)
Sale from a fixed location approved by Council for
a time period exceeding two weeks: $350.
(2)
Sale from an approved fixed location for a period
not exceeding two weeks: $150.
(3)
Peddling or soliciting the sale of goods from house
to house for a period stated by the Council on its approval of the
application:
(4)
Canvassing for purposes other than directly taking
orders for sale of goods or services, except where such canvassing
is found to be for a public purpose: $100 per month.
B.
Any veteran who holds a special state license issued
under the laws of the State of New Jersey shall be exempt from securing
a license as provided herein for hawking and peddling but shall be
required to procure from the City Clerk a special veteran's permit,
which shall be issued upon proper identification.
[Amended 10-16-1995 by Ord. No. 95-15]
General regulations are hereby established to
read as follows:
A.
All circulars, samples or other matter shall be handed
to an occupant of the property and not left on or about the same.
B.
No person subject to this chapter shall canvass, solicit
or distribute circulars or other matter or call from house to house
before 9:00 a.m. or after 5:00 p.m. No such canvass, solicitation
or distribution shall take place on Sundays or holidays.
C.
No person subject to this chapter shall conduct themselves
in such a manner as to become objectionable or to annoy any person.
[Amended 10-16-1995 by Ord. No. 95-15]
No licensee or permit holder shall have any
exclusive right to any location in the public streets, nor a stationary
location thereon nor be permitted to operate in a congested area where
such operation might impede or inconvenience the public use of such
streets. The judgment of a police officer, exercised in good faith,
shall be deemed conclusive as to whether the area is congested and
the public impeded or inconvenienced.
Licensees and permit holders are required to
exhibit their certificate of license at the request of any citizen
or law enforcement officer, which certificate will include a submitted
two-by-two-inch photograph of the licensee.
[Amended 10-16-1995 by Ord. No. 95-15]
The Municipal Court Administrator shall report
to the Council all convictions for violation of this chapter, and
the City Clerk shall maintain a record for each license issued and
record the reports of violation therein.
A.
Licenses issued hereunder may be revoked by the Council,
after notice and hearing, for any of the following reasons:
(1)
Fraud, misrepresentation or a materially incorrect
statement contained in the application for license.
(2)
Any violation of this chapter.
(3)
Conviction of any crime or misdemeanor.
(4)
Conducting the business of peddler or solicitor, as
the case may be, in an unlawful manner or in such a manner as to constitute
a breach of the peace or to constitute a menace to the health, safety
or general welfare of the public.
B.
Notice of the hearing for revocation of a license
shall be given by the City Clerk in writing, setting forth specifically
the grounds of complaint and the time and place of hearing. Such notice
shall be mailed postage prepaid, to the licensee at his last known
address at least five days prior to the date set for hearing or shall
be delivered by a police officer in the same manner as a summons at
least three days prior to the date set for hearing.
[Amended 10-16-1995 by Ord. No. 95-15]
