Township of Stillwater, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Stillwater as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
Licenses and permits — See Ch. 248.
Littering — See Ch. 253.
Noise — See Ch. 272.
[Adopted as § 3-1 of the 1971 Revised General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
MERCHANDISE
Includes all goods, wares, food, fruit, vegetables, farm products, magazines, periodicals, and all kinds of articles of personal property for domestic use and orders or contracts for a service home improvement or alterations, shall be considered merchandise within the terms of this article.
PEDDLER
Any person who goes from place to place by traveling on the streets and roads or from house to house carrying, conveying or transporting goods, wares or merchandise for the purpose of selling and delivering them to customers. The term "peddler" shall include "huckster."
SOLICITOR
Any person who goes from place to place by traveling on the streets and roads or from house to house taking or attempting to take orders for the sale of goods, wares and merchandise or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the object to be sold and whether or not he is collecting advance payments on such sales. The term "solicitor" shall include "canvasser" provided that this definition shall not include wholesale salesmen calling on retail merchants.
The purpose of this article is to prevent fraud, crime and unethical and dishonest business practices. The fees to be charged for the issuance of licenses shall not be considered as revenue but are charged for the purpose of covering the expense of investigation and regulating the conduct of the licensees.
Except as otherwise provided in this article, it shall be unlawful for any solicitor or peddler to sell or dispose of, or to offer to sell or dispose of, any goods, wares or merchandise, or to solicit orders for the performance of any service within the corporate limits of the Township without first obtaining a license in compliance with the provisions of this article and chapter. The license shall not be transferable from the person to whom issued to any other person. A separate license shall be obtained by a licensed solicitor or peddler for every agent or employee working for him.
The requirements of this article shall not apply to the following:
A. 
Any public utility or its employees which is subject to regulation by the State Board of Public Utility Commissioners, provided that the employees shall display the identification badge or card issued by their employer.
B. 
Any person engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business, to the premises of persons who had previously ordered the same or were entitled to receive the same by reasons of a prior agreement.
C. 
Charitable solicitations, which shall be governed by the provisions of section 3-2.
D. 
Any 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.
E. 
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 the law.
F. 
Any person selling fruits and farm products grown by himself, with or without the help of others.
Every applicant for a license under this article shall file with the Township Clerk a sworn written application in duplicate on a form to be furnished by the Township Clerk. The form shall give the following information:
A. 
Name and description of the applicant.
B. 
Permanent home address and full local address of the applicant.
C. 
A brief statement of the nature of the business and a description of the merchandise or service to be sold.
D. 
If employed, the name and address of the employer together with credentials establishing the exact relationship.
E. 
The length of time for which the license is desired.
F. 
If a vehicle is to be used, a description of the vehicle and its license number.
G. 
The place where the goods or property to be sold or offered for sale are manufactured or produced, where the goods or property are located at the time such application is filed, and the proposed method of delivery.
H. 
A photograph of the applicant taken within 60 days immediately prior to the date of the application, which photograph clearly shows the head and shoulders of the applicant and measures two inches by two inches.
I. 
Two business references located in the County of Sussex, State of New Jersey, or in lieu thereof, such other available evidence of the character and business responsibility of the applicant as will enable an investigator to properly evaluate his character and responsibility.
J. 
A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
At the time the application is filed, a fee of $15 shall be paid to the Township Clerk to cover the cost of processing the application and investigating the facts stated therein.
When the application is properly filled out and signed by the applicant, the original and duplicate shall be filed with the Township Clerk. The Township Clerk shall refer the original to the police official who shall make or cause to be made an investigation of the applicant's business responsibility and moral character as he deems necessary for protection of the public good.
A. 
If as a result of the investigation the applicant's character or business responsibility is found to be unsatisfactory, the police official shall endorse on the application his disapproval and the reasons therefor and return the application to the Township Clerk who shall notify the applicant that the application is disapproved and that no license shall be issued.
(1) 
Any determination by the police official that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
(a) 
Conviction of a crime involving moral turpitude.
(b) 
Prior violation of a peddling or soliciting ordinance.
(c) 
Previous fraudulent acts or conduct.
(d) 
Record of breaches of solicited contracts.
(e) 
Concrete evidence of bad character.
(2) 
In the absence of any such finding, the police official shall find the application satisfactory.
B. 
If as a result of the investigation the character and business responsibility of the applicant are found to be satisfactory, the police official shall endorse on the application his approval and return the license with the application to the Township Clerk who shall issue the license to the applicant. The license shall contain the signature of the issuing officer and show the name, address and photograph of the licensee, the class of license issued, the kind of goods or services to be sold, the date of issuance, the length of time the license shall be operative, the license number and other identifying description of any vehicle used in the peddling or soliciting activity licensed.
C. 
The Township Clerk shall issue to each licensee at the time of delivery of his license a card which shall show the nature of the license, the period for which the license is issued and the number of the license easily discernible in letters and figures. The card shall, during the time the licensee is engaged in peddling or soliciting, be worn constantly by the licensee on the front of his outer garment in such a way as to be visible to a person facing him.
Any holder of a peddler's or solicitor's license issued by the Township under the authority of this article or by the Clerk of the county under the authority of N.J.S.A. 45:24-9 shall be required to carry the license with him while engaged in the business or activity licensed within the Township. He shall produce the license at the request of any official or resident of the Township with whom he wishes to conduct his business or activity. Every licensee, as well as every person referred to in § 295-4A, shall restrict his selling or soliciting activity within the Township to the hours between 9:00 a.m. and 5:00 p.m., Mondays through Fridays, and on each day of such activity shall notify the police officer on duty immediately before commencing his selling or soliciting activity and immediately after completing it. Notification shall include a statement as to the general area of the Township in which the licensee, as well as every person referred to in § 295-4A, intends to conduct or has conducted the activity.
No peddler or solicitor shall call attention to his business or to his merchandise by crying out, blowing a horn, ringing a bell, other than the doorbell of a building, or by any other loud or unusual noise or by playing loud music. No peddler or solicitor shall conduct or attempt to conduct his business at any residence or on any property on which is posted a sign expressly prohibiting the activity.
It shall be the duty of any police officer of the Township to enforce the provisions of this article and to require any persons seen peddling or soliciting, who is not known by the officer to be duly licensed, to produce his peddler's or solicitor's license.
The Township shall maintain a record of all licenses issued under the provisions of this article and record therein all convictions for violations and other pertinent circumstances and incidents reported by the police official.
A. 
Licenses issued under the provisions of this article may be revoked by the Township Committee after notice and hearing for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for license.
(2) 
Fraud, misrepresentation or false statement by the licensee in the course of conducting the business licensed.
(3) 
Any violation of this article.
(4) 
Conviction of any crime involving moral turpitude.
(5) 
Conducting the business licensed in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
B. 
Notice of hearing for revocation of a license shall be given in writing. The notice shall set forth the specific grounds of complaint and the time and place of hearing and shall be sent by registered mail to the licensee at his last known address at least five days prior to the date set for hearing.
Any person aggrieved by the action of the police official or of the Township Clerk in the denial of a license shall have the right of appeal to the Township Committee. The appeal shall be taken by fling with the Township Committee within 14 days after the notice of the action complained of has been mailed to the person's last known address, a written statement setting forth fully the grounds for the appeal. The Township Committee shall set a time and place for hearing of the appeal, and notice of the hearing shall be given to the applicant in the same manner as provided in § 295-12 for notice of hearing on revocation. The decision of the Township Committee shall be final.
All licenses issued under the provisions of this article shall expire on December 31 of the calendar year in which they are issued. Any license may be renewed upon payment of the registration fee and upon submission by the licensee of a new application in conformity with the requirements of § 295-5 or, in lieu thereof, a sworn statement in writing setting forth all changes in the information contained in the application for the expired license which are necessary to bring the application completely up to date. A new application or statement in lieu thereof shall be subject to the provisions and standards set forth in § 295-5.
[Adopted as § 3-2 of the 1971 Revised General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
CHARITABLE AND PHILANTHROPIC
Includes patriotic, religious, eleemosynary, benevolent, educational, civic or fraternal associations, societies and the like.
CONTRIBUTION
Includes the giving of alms, food, clothes, money subscriptions, pledges or property of any nature or kind.
PERSON OR ORGANIZATION
Any individual, firm, copartnership, corporation, company, association, church, religious denomination, society, class or league.
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.
No person or organization shall solicit charitable and philanthropic contributions within the Township without first obtaining a permit authorizing such public solicitation; provided that the provisions of this article shall not apply to any established person or organization authorized and not operated for the pecuniary profit of any person if the solicitations by such person or organization are conducted among the members thereof or if the solicitations are in the form of collections or contributions at the regular assembly or meetings of any such person or organization.
A. 
Application for a permit to make a public solicitation of funds by charitable and philanthropic organizations shall be made to the Township Clerk upon forms provided by the Township.
B. 
In addition to general data, the application herein required shall contain the following information:
(1) 
The purpose for which such solicitation is to be made and the estimated amount of funds proposed to be raised thereby.
(2) 
A specific statement showing the need for the solicitation.
(3) 
The name and address of the person who will be in direct charge of conducting the solicitation.
(4) 
The names and addresses of all persons making the proposed solicitation.
(5) 
A brief outline of the method to be used in conducting the solicitation.
(6) 
The time and dates when such solicitations shall be made, giving preferred dates and alternate dates for the beginning and ending of such solicitation.
(7) 
The amount of any wages, fees, commissions or expenses to be paid to any person or organization for conducting such solicitation and the names and addresses of all such persons.
(8) 
A full statement of the character and extent of the charitable and philanthropic work conducted by the applicant within the Township.
(9) 
A statement to the effect that if the permit is approved it will not be used or represented in any way as an endorsement of the proposed solicitation by the Township or by any of its officers or departments.
C. 
If, while the application is pending or during the term of any permit granted thereunder, there is any change in fact, policy or method that would alter the information given in the application, the applicant shall notify the Township Clerk in writing within 24 hours after such change.
The investigation shall be limited to that sufficient for the police official to make a determination that the person or organization is bona fide. Upon making such a determination the police official shall approve the application and notify the Township Clerk.
If the application is approved, the Township Clerk shall immediately notify the applicant and issue the permit without charge. If the application is disapproved, notification stating the reasons for such disapproval shall immediately be sent to the applicant by the Township Clerk.
If the application has been disapproved, the applicant may appeal the decision to the Township Committee by filing a written notice of appeal with the Township Clerk within 14 days after the notice of disapproval. The Township Committee shall hold its hearing within 10 days thereafter and its decision shall be final.
It shall be the duty of the Township Clerk to keep a current calendar of approved solicitations to be conducted within the Township. The Township Clerk shall have the right to propose alternate dates for a solicitation if the requested dates should unfairly conflict with other solicitations being conducted within the Township.
There shall be no fee payable to the Township for any charitable or philanthropic solicitation permit.
No permit may grant the right to solicit for a period longer than 90 consecutive days.
Any person or organization receiving money or any other thing of a value of $1 or more from any contributor under a solicitation made pursuant to this article shall give to the contributor a written receipt signed by the solicitor showing the date and the amount received; provided that this article shall not apply to any contribution collected by means of a closed box or receptacle used in solicitation where the use thereof has been approved by the Township Committee, and where it is impractical to determine the amount of each contribution.
All solicitations conducted under the authority of this article shall take place between the hours of 10:00 a.m. and 9:00 p.m. and no solicitations shall be conducted on Sundays. Any person or organization desiring to solicit at hours other than those stated herein shall make special request therefor on his application, and this special request shall be approved or disapproved by the Township Committee. If approval is given by the Township Committee for the solicitation to be conducted at other than the hours stated in this article, the approval shall be plainly stamped on the permit issued by the Township Clerk.