[HISTORY: Adopted by the Township Committee
of the Township of Oldmans 1-4-1978 by Ord. No. 78-1 as Ch. 38 of
the 1978 Code. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A person who goes from place to place, house to house or
person to person selling or taking orders for or offering to sell
or take orders for goods, wares, merchandise or any article for future
delivery or for services to be performed in the future or for the
making, manufacturing or repairing of any article or thing whatsoever
for future delivery or for the solicitation of money for any purposes
whatsoever.
Any person who goes from place to place, by traveling on
the streets, or from house to house and carries with him goods, wares
or merchandise of any description for the purpose of selling and delivering
it to purchasers.
[1]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 alteration shall be considered merchandise within the terms of
this chapter.
Any individual, firm, partnership, voluntary association,
incorporated association and any principal or agent thereof.
A person who engages temporarily in business in the municipality
by occupying a room, building, tent, lot or other premises for the
purpose of selling goods, wares and merchandise. "Transient merchant"
shall also include any person who conducts any traveling or street
show, carnival or circus and in connection therewith sells or displays
for sale any goods, wares or merchandise.
A person who engages in business in the manner defined by
the preceding definition and in pursuance thereof becomes a peddler
or hawker or hires a peddler or hawker, as hereinabove described.
[1]
Editor's Note: The former definition "Junk
Dealer," which immediately followed this definition, was deleted 9-3-1997 by Ord. No. 97-5.
The purpose of this chapter is to prevent fraud,
crime and unethical and dishonest business practices and unfair competition.
The fees to be charged for the issuance of licenses are not to be
considered as revenue but are charges for the purpose of covering
the expense of investigation and regulating the conduct of the licensees.
[Amended 9-3-1997 by Ord. No. 97-5]
It shall be unlawful for any transient merchant,
hawker, peddler, solicitor or canvasser to sell or dispose of or to
offer to sell or dispose of any goods, wares, merchandise or publications
or services to be rendered in the future or to take orders for any
goods, wares, merchandise or services to be rendered in the future
or to take orders for any goods, wares, merchandise or services to
be delivered or rendered in the future or to solicit money within
the Township of Oldmans without first applying for and securing a
license as hereinafter provided.
No person shall solicit, hawk, peddle or canvass
within the Township of Oldmans except between the hours of 9:00 a.m.
and 5:00 p.m., prevailing time.
The requirements of this chapter, insofar as
the same shall apply to fees, shall be held not to include the following
persons, who are hereby expressly exempt from its application:
A.
Any person honorably discharged from military services
of the United States possessing a peddler's license issued in conformity
with N.J.S.A. 45:24-9 et seq.
B.
Any person who is a fireman of a volunteer fire department
as defined in N.J.S.A. 45:24-9 et seq. and possessing a license in
conformity therewith.
C.
Any person who conducts a judicial sale under the
authority of state or national laws.
D.
Any person soliciting for a recognized religious or
charitable organization; provided, however, that the local chairman
or other person in charge of solicitation for such religious or charitable
organization in the Township of Oldmans shall apply for and obtain
a license in the manner hereinafter prescribed, and all persons engaged
in such solicitation shall carry identification cards signed by such
local chairman or person in charge, but nothing herein contained shall
permit any such person to engage in any business within these provisions
without having first applied for and obtained the prescribed license.
E.
Children under the age of 17 engaged in the sale or
delivery of qualified legal newspapers.
A.
Any person desiring a license shall file with the
Township Clerk an application containing the following information:
(1)
Name and permanent address of the applicant.
(2)
Age, weight and height.
(3)
Car license number and car registration number.
(4)
Name and address of employer.
(5)
Type of merchandise or service to be sold.
(6)
At least three business and character references.
(7)
The residence of the applicant for the preceding three
years.
(8)
The length of time for which the license is desired.
(9)
The number of arrests or convictions for misdemeanors,
crimes or disorderly conduct and when and where the offenses occurred.
B.
If the applicant is an employee or agent, he must
attach to the application form a letter from the firm or corporation
for which the applicant purports to work authorizing the applicant
to act as its agent or representative.
C.
D.
For a transient merchant peddler license, in addition
to the foregoing information, the applicant must show:
E.
For persons soliciting in behalf of religious or charitable organizations, in addition to the information required under Subsection A above, the applicant, local chairman or other person in charge of the solicitation shall set forth upon his application the names and addresses of all persons authorized to solicit in behalf of such religious or charitable organization for the period of the license and shall attach to the application the form of identification card to be carried by each person engaged in such solicitation.
For transient merchants, transient merchant
peddlers, solicitors requiring advance payment in whole or in part
and new merchants, the Township Clerk shall establish the character
of the business by:
A.
Eliciting a declaration of intention of all new businessmen
as to whether they intend to remain in the Township temporarily or
longer than a period of one year.
B.
Requiring a bond equal in amount to 25% of the value
of the personal property shown in the declarations and disclosures,
but in no event less than $1,000, in accordance with and for the purposes
provided in N.J.S.A. 45:24-5. The bond shall be declared forfeit upon
conclusive proof of falsification in application for a license, willful
violation of any of the provisions of this chapter or removal from
the municipality within a year after opening the business premises
without payment of the license fee or fees required of transient merchants
or merchant peddlers. The bond of every merchant continuously conducting
a vending business for more than one year shall be canceled and no
further bond shall be required of him under this chapter.
[Amended 9-3-1997 by Ord. No. 97-5]
A.
A separate license must be obtained for every agent
or employee working for any person.
B.
For all license classes the license issued shall not
authorize any person except the designated person named in said license
to engage in business thereunder. Said license shall not be transferable
from the person to whom issued to any other person. A separate license
must be obtained by a licensed transient merchant for each branch
or separate place of business in which his business is conducted,
and each license shall authorize the person to conduct business only
at the location which is indicated therein.
A.
All licenses shall be issued on forms drawn in accordance
with this chapter. They shall be consecutively numbered. The license
shall contain blank spaces for writing in the name, the class of license
granted, the location of the business and the amount of fee paid.
B.
There shall be kept in the office of the Township
Clerk the necessary books for recording the time the application for
license is received and showing its class, whether new or renewal,
name of the licensee, regular number of blank form, when the application
was approved by the Township Clerk, the amount of fee received therefor
and the date when the license was issued.
C.
The Township Clerk shall monthly file a report with
the Township Committee showing the number of licenses granted by classes
and the amount of fees received therefor. Each report shall state
the number and class of licenses suspended or revoked and the reasons
for such suspension or revocation. The Township Clerk shall compile
a summary of all licenses granted under this chapter during a single
year and report such at the final meeting of the Township Committee.
Every person holding a license under this chapter
shall be required to carry the license with him or have it at his
business premises while engaged in the licensed occupation. He must
produce the license at the request of any official of the Township
of Oldmans. To every peddler granted a license, the Township Clerk
shall issue either a license card, button or metal plate bearing the
words "Licensed Peddler, Township of Oldmans," together with the number
of the license and the year for which it is issued. All automobiles,
wagons, carts or other vehicles used for peddling shall have affixed
thereon said license. A transient merchant, transient merchant peddler
and new merchant must post a license certificate in a prominent place
of his business premises. The vendors of all other classes shall,
if the license is in the form of a button, have the same affixed on
the lapel of his or her coat or garment while engaged in business.
Persons soliciting money for a religious or charitable organization
shall at all times during such solicitation carry with them and shall
exhibit upon request the identification cards for which provision
is made above.
[Amended 9-3-1997 by Ord. No. 97-5]
A.
Peddlers. For each peddler, regardless of the method
used for transporting his wares and merchandise, the fee shall be
$10 per day.
B.
Transient merchants. The fee shall be $10 per day
for each traveling show, carnival or circus, and this fee shall apply
whether such traveling or street show, carnival or circus is held
under canvas or buildings or in the open.
C.
Transient merchant peddler. For each transient merchant
peddler, the fee shall be $10 per day.
D.
For all other licenses, the fee shall be $10 per day
to cover the cost of issuance thereof.
The Township Committee may revoke a license
if the licensee violates any of the terms of this chapter or any Township
ordinance or any state or federal law or because of any falsification
in the application for the license or for other good and sufficient
reasons. The licensee must be granted a hearing by the Township Committee
upon his or its request in writing. Notice of the time and place of
the hearing shall be given to the licensee, at which hearing he will
be given an opportunity to present reasons why his license should
not be revoked.
A.
Upon the expiration of any license issued under the
provisions of this chapter, the holder thereof shall surrender the
same to the Township Clerk within 24 hours. Upon notice of the cancellation
or revocation of any license issued under the provisions of this chapter,
the holder shall surrender the same to the Township Clerk within 24
hours after notice of such cancellation.
B.
The holder shall have such permit in his possession
at all times and shall exhibit the same at any time upon request by
a police officer or public official of the Township of Oldmans or
by any purchaser or prospective purchaser.
C.
The holder shall not canvass or solicit orders for
any articles from pedestrian or vehicular traffic on or adjacent to
any public street, avenue or highway within the limits of the Township
of Oldmans in such manner as will interfere with the normal and usual
use of such public street, avenue or highway.
D.
The holder shall not enter in or upon any house, building
or other structure or any land or property, without the prior consent
of the owner or occupant thereof, where there is placed or posted
on the premises in a conspicuous position at or near the usual means
of ingress a sign or other form of notice stating or indicating that
the owner or occupant thereof forbids or otherwise does not desire
persons engaged in such or similar activity to enter upon the premises.
E.
The holder shall give a written receipt to the purchaser,
which receipt shall be signed by the holder and shall set forth a
brief description of the article ordered, the total purchase price
thereof and the amount of the payment, if any, received by the holder
from the purchaser.
This chapter shall not affect any person engaged
in the delivery of goods, wares, merchandise or other articles or
things in the regular course of business to the premises or persons
ordering or entitled to receive the same.
