[HISTORY: Adopted by the Township Committee of the Township of Stillwater
as indicated in article histories. Amendments noted where applicable.]
[Adopted as § 3-1 of the 1971 Revised General Ordinances]
As used in this article, the following terms shall have the meanings
indicated:
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.
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."
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.
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:
Includes patriotic, religious, eleemosynary, benevolent, educational,
civic or fraternal associations, societies and the like.
Includes the giving of alms, food, clothes, money subscriptions,
pledges or property of any nature or kind.
Any individual, firm, copartnership, corporation, company, association,
church, religious denomination, society, class or league.
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.
