As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER OR HAWKER
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.
SOLICITOR OR CANVASSER
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:
(a) 
Approvals for a period of one year: $500.
(b) 
Approvals for a period from one month to one year: $100 per month.
[Amended 10-16-1995 by Ord. No. 95-15]
(c) 
Approvals for a period from one day to one month: $25, plus $5 per day.
[Amended 10-16-1995 by Ord. No. 95-15]
(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.
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]