[HISTORY: Adopted by the City Council of
the City of Vineland 1-27-1987 by Ord. No. 86-85 (Ch.
353 of the 1990 Code). Amendments noted where applicable.]
A.
PEDDLER or HAWKER
PERSON
SOLICITOR or CANVASSER
When used in this chapter, the following terms shall
have the following meanings:
Includes any person who goes from house to house, from place
to place or from street to street conveying or transporting goods,
wares or merchandise and offering or exposing the same for sale or
making sales and delivering articles to purchasers.
Includes any partnership, corporation or other business entity.
Includes any person 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 of the subject for such order or whether
or not he is collecting advance payments of such orders.
B.
Any person who displays or sells from a fixed location
or who otherwise meets the definition of "transient merchant" or "itinerant
vendor" shall not be considered a "peddler" or "hawker" or "solicitor"
or "canvasser."
It shall be unlawful for any hawkers, peddlers,
canvassers or solicitors, as defined in this chapter, to engage in
any such business or operations in the City of Vineland without having
first obtained a license therefor in compliance with the provisions
of this chapter and, in any event, only in accordance with the terms
and provisions of this chapter.
The terms of this chapter shall not be held
to include the acts of persons selling personal property at wholesale
to dealers in such articles, and nothing contained herein shall be
held to prohibit any sale required by statute or by order of any court.
[Amended 12-12-1995 by Ord. No. 95-83]
A.
Applicants for a license under this chapter must file
with the Director of the Department of Licenses and Inspections a
sworn application, in writing, which shall, without limitation, give
the following information:
(1)
The name and physical description of the applicant.
(2)
The complete permanent home and local address of the
applicant.
(3)
A description of the nature of the business and goods
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 hours of the day within which
said 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)
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.
(8)
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation of any municipal
ordinance other than traffic violations, the nature of the offense
and the punishment or penalty assessed therefor.
(9)
Any other pertinent information required by the Director
of Licenses and Inspections.
B.
Fingerprinting and photo identification cards.
(1)
The applicant shall be fingerprinted, and such fingerprint
records shall be immediately processed for classification and identification.
If said applicant has submitted his fingerprints to this municipality
or another municipality in this state within 180 days prior to his
application hereunder, then, in that event, appropriate authentication
of fingerprint clearance shall be sufficient, and a new set of fingerprints
shall not be required.
(2)
Every applicant for a license under this chapter shall
be photographed by the City of Vineland for the issuance of a photo
identification card upon approval of the licensure. Said photo identification
card is to be carried by the licensee as evidence of licensure.
(3)
Photo identification cards shall be required for all
original licenses and every fourth year for renewal licenses.
(4)
Licensees will be required to return their photo identification
cards to the Department of Licenses and Inspections at the end of
the year covered by said license.
C.
Applications for partners shall be signed by all partners,
with the foregoing provisions of this section answered in detail as
to each said partner, and applications of corporations shall have
attached thereto individual statements, in accordance with all of
the provisions of this section, relating to each and every employee,
agent or servant who shall engage in any of the functions authorized
by this chapter and shall be signed by each such agent, servant or
employee and in full compliance herewith by each such individual.
D.
At the time of filing the application, a nonrefundable
fee of $65 shall be paid to the Director of the Department of Licenses
and Inspections for the express purpose of covering the costs of investigation
of the facts stated in the application. A fee of $25 shall be charged
for each renewal.[1]
E.
A fifteen-dollar fee to cover the cost of the photo
identification cards will be charged for all original licenses and
every fourth year for renewal licenses. Replacement photo identification
cards will be provided for a cost of $15.
F.
No license shall be issued by the Director of the
Department of Licenses and Inspections until the applicant shall have
been approved by the Chief of Police, allowing adequate time for investigation
of the facts set forth in the application, and the Chief of Police
shall exercise due diligence and dispatch in processing all such applications.
[Amended 9-27-1994 by Ord. No. 94-68]
A.
Any person, organization, society or association desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization, at any place or places within the City of Vineland, for a charitable, religious, patriotic or philanthropic purpose, shall be exempt from the provisions of § 516-4 of this chapter, provided that there is filed a sworn application, in writing, with the Director of the Department of Licenses and Inspections, which shall give the following information:
(1)
The name and purpose of the cause for which the permit
is sought.
(2)
(3)
The names and addresses of the officers and directors
of the organization.
(4)
The period during which solicitation is to be carried
on.
(5)
Whether or not any commission, fees, wages or emoluments
are to be expended in connection with such solicitation, and the amount
thereof.
B.
A list of the names and addresses of each agent or
representative who will conduct solicitations and the length of time
that said agent or representative has been employed or affiliated
with such organization, society, association or corporation shall
be made available upon request by the Director.
C.
Licenses issued to such individuals of these organizations
by the Director of the Department of Licenses and Inspections shall
be temporary licenses, valid only for the period of the particular
fund-raising campaign involved.
A.
Each application shall be referred to the Chief of
Police, who shall immediately institute such investigation of the
applicant's business and moral character as he deems necessary for
the protection of the public good and shall endorse the application
in the manner prescribed in this section, within a reasonable period
of time after it has been filed by the applicant.
B.
If, as a result of such investigation, the applicant's
character or business responsibility is found to be unsatisfactory
or the product or services are not free from fraud, the Chief of Police
shall endorse on such application his disapproval and his reasons
for the same and return said application to the Director of the Department
of Licenses and Inspections, who shall notify the applicant that his
application is disapproved and that no license will be issued.
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 the provisions of this chapter
shall canvass, solicit or distribute circulars or other matter or
call from house to house except during the hours from 10:00 a.m. to
7:00 p.m., Monday through Friday.
C.
No person subject to the terms of this chapter shall
enter or attempt to enter the lands or house of any resident in the
City of Vineland if denied an express invitation from the occupant
of the house.
D.
No person subject to this chapter shall conduct himself
in such a manner as to become objectionable to or annoy an occupant
of the house or place of business.
E.
No licensee nor any person in his behalf shall shout,
cry out, blow a horn, ring a bell or use any sound-making or -amplifying
device upon any of the streets, parks or other public places of the
City of Vineland or upon private premises, where sound of sufficient
volume is emitted or produced therefrom to be capable of being plainly
heard upon the streets, avenues, parks or other public places, for
the purpose of attracting attention to any goods, wares, merchandise
or services which said licensee proposes to sell.
F.
No person, whether or not required to be licensed
under this chapter, shall park or stop a vehicle, cart, van or other
means of transportation and/or conveyance upon any public street,
roadway or right-of-way, on any sidewalk, on any public parking lot
or on public property of any kind for the purposes of or during the
process of soliciting sales or business, displaying goods for sale
or selling or offering to sell goods, merchandise or services.
The Chief of Police shall report to the Director
of the Department of Licenses and Inspections all convictions for
violation of this chapter, and the Director of the Department of Licenses
and Inspections shall maintain a record for each license issued and
record the reports of violation therein.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Council of the City of Vineland, after notice
and hearing, for any of the following causes:
(1)
Fraud, misrepresentation or a materially incorrect
statement made in the course of carrying on business as a solicitor,
canvasser or peddler.
(2)
Fraud, misrepresentation or a materially incorrect
statement contained in the application for a license.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business of peddler, canvasser 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 Director of the Department of Licenses and Inspections,
in writing, setting forth specifically the grounds of the 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 the hearing.
All annual licenses issued under the provisions
of this chapter shall expire at 12:00 midnight on the 31st day of
December in the year when issued.
This chapter shall not affect any person engaged
in delivering wares, goods or merchandise or articles or things, in
the regular course of business, to the premises of the person ordering
or entitled to receive the same.
