[HISTORY: Adopted by the Township Council
of the Township of Marlboro 7-8-1970 by Ord. No. 15-70 (Ch. 110 of the 1981
Code). Amendments noted where applicable.]
It shall be unlawful for any person, firm or
corporation, except those exempted under N.J.S.A. 45:24-9 et seq.,
to engage in the business of peddling, hawking, canvassing or soliciting
within the corporate limits of the Township of Marlboro without first
obtaining a municipal license therefor.
As used in this chapter, the following terms
shall have the meanings indicated:
Any individual traveling either by foot or by vehicle from
place to place, from house to house or from street to street taking
or attempting to take orders for the sale of goods, wares, merchandise
and personal property of any nature whatsoever for future delivery
or for service to be furnished or performed in the future, whether
or not such individual has, carries or exposes a sample of the subject
of such sale or whether he is collecting advance payment on such sales.
An individual who either remains in one place or moves from
place to place or along the streets of the municipality selling the
goods which he carries with him and attracting attention by outcry,
ringing of bells, blowing horns or other loud noises or by waving
placards or displaying goods in the street or other public place at
other than a permanent building.
An individual who sells small wares at retail which he carries
with him in traveling about from place to place.
[Amended 12-10-1981 by Ord. No. 47-81]
A.
Application for a license to canvass, solicit, peddle
or hawk shall be made to the Business Administrator of the Township
of Marlboro upon forms provided by the Township of Marlboro.
B.
The application herein required shall contain the
following information:
(1)
Name and permanent home address of the applicant.
(2)
Name and permanent address of the employer or firm
represented.
(3)
Place or places of residence of the applicant for
the preceding three years.
(4)
Date on which the soliciting, canvassing, hawking
or peddling is to begin and length of time such business is to be
carried on within the Township of Marlboro.
(5)
Nature of merchandise to be sold or offered for sale
or the nature of the service to be furnished.
(6)
Whether or not the applicant has ever been convicted
of any crime, misdemeanor or any violation of any ordinance concerning
canvassing, soliciting, hawking or peddling and, if so, when, where
and the nature of the offense.
C.
The application shall also be accompanied by a letter
or other written statement from the individual, firm or corporation
employing the applicant, certifying that the applicant is authorized
to act as the employer's representative.
D.
The application shall also be accompanied by a statement
to the effect that, if the license is approved, it will not be used
or represented in any way as an endorsement of the proposed canvasser,
peddler, solicitor or hawker by the Township of Marlboro or by any
of its officers or departments.
E.
The applicant shall also supply such other information
as may be reasonably required by the Business Administrator and/or
the Chief of Police of the Township of Marlboro in order to determine
the truth or validity of the statements contained in the application.
F.
If, while the application is pending or during the
term of any license thereunder, there is any change in fact, policy
or method that would alter the information given in the application,
the applicant shall notify the Business Administrator in writing within
24 hours after such change.
G.
The applicant
shall supply three photographs, two inches wide by two inches high,
showing the head and shoulders of the applicant, before a permit shall
be issued, and one photograph shall be attached to the permit.
[Added 7-14-2011 by Ord. No. 2011-17]
H.
Each applicant
shall arrange an appointment with the private fingerprinting vendor
authorized by the State of New Jersey Department of Education. Fingerprinting
shall be at the cost of the applicant.
[Added 7-14-2011 by Ord. No. 2011-17]
[Amended 12-10-1981 by Ord. No. 47-81]
A.
Immediately upon receipt of the application, the Business
Administrator shall make such investigation of the application as
necessary for the protection of the public good. The Business Administrator,
if he so desires, may request the Chief of Police or any other officials
of the municipality to investigate the applicant or any of the solicitors
to satisfy him concerning the truth of the information contained in
the application.
B.
The Business Administrator shall have the right to
impose alternate dates for the solicitation if the requested dates
should conflict with other solicitations being conducted within the
Township.
C.
If the application is disapproved, a notification
of that decision shall immediately be sent to the applicant by the
Business Administrator, stating the reasons for such disapproval.
D.
If the application shall be approved, the Business
Administrator shall immediately notify the applicant of such approval,
and a copy of such notification shall be forwarded to the Chief of
Police of the Township of Marlboro.
E.
An application for a renewal of a license obtained
in a previous calendar year shall be made to the Business Administrator,
and, if there have been no violations by such applicant and no complaints
received relating to solicitations conducted by the applicant in the
previous calendar year, then the Business Administrator, upon receipt
of the proper application fee, may issue a renewal license.
[Amended 12-10-1981 by Ord. No. 47-81]
A.
Upon filing of the application, a fee of $50 shall
be paid to the Business Administrator of the Township of Marlboro
for the use of the Township of Marlboro to defray the cost of processing
each application.
[Amended 7-14-2011 by Ord. No. 2011-17]
B.
The license issued under this chapter shall bear the
name and address of the person or organization of whose behalf the
canvassing, soliciting, peddling or hawking is being made and the
name of the person using the specific license, the date issued and
the dates within which the holder may conduct such canvassing, soliciting,
peddling or hawking. All licenses must be signed by the Business Administrator
and must be conspicuously displayed by the individual using such license.
[Amended 7-14-2011 by Ord. No. 2011-17]
C.
No license may grant the right to canvass, solicit,
peddle or hawk for a period longer than 90 consecutive days, but the
payment of the fee of $25 shall entitle the applicant to subsequent
licenses, at no additional cost, not to exceed 90 days, provided that
the same are obtained within the calendar year in which the twenty-five-dollar
fee has been paid.
D.
Any license issued hereunder shall be nontransferable
and shall be returned to the Business Administrator within two days
after its expiration.
A.
All activities conducted under the authority of this
chapter shall take place between the hours of 10:00 a.m. and 9:00
p.m. No activity shall be conducted on legal holidays and Sundays.
A canvasser, solicitor, peddler or hawker shall not enter or remain
upon any resident's property upon which it is posted that solicitors
are not permitted or a notice of similar content.
[Amended 5-14-1987 by Ord. No. 15-87]
B.
Any person or organization desiring to canvass, solicit,
peddle or hawk at hours or days other than those stated herein shall
make special request therefor on his application, and such special
request shall be approved or disapproved by a majority vote of the
Township Council of the Township of Marlboro.
It shall be the duty of any police officer of
the Township of Marlboro to require any person observed to be canvassing,
soliciting, peddling or hawking and who is unknown to such officer
to be duly licensed to produce his or her license, and the Police
Department of the Township of Marlboro shall be charged with the enforcement
of the provisions of this chapter against any person or persons found
to be violating the same.
[Amended 12-10-1981 by Ord. No. 47-81]
The Business Administrator shall maintain a
record of each license issued under the provisions of this chapter
showing the dates when such canvassing, soliciting, peddling or hawking
is to be conducted and the organization for whose benefit the canvassing,
soliciting, peddling or hawking is made, together with any formal
complaint made against the licensee, agent or employee for the activities
within the Township of Marlboro. A duplicate copy of this record shall
be forwarded to the Chief of Police.
[Amended 12-10-1981 by Ord. No. 47-81]
The Business Administrator of the Township of
Marlboro reserves the right to revoke and/or rescind any license granted
hereunder if the person or organization with such license shall be
found:
A.
Using false or fraudulent statements in obtaining
such license.
B.
Using false or fraudulent statements or other misrepresentation
in the course of carrying on business under such license.
C.
Conducting the business of canvassing, soliciting,
peddling or hawking in an unlawful manner or in such a manner as to
constitute a breach of the peace or nuisance or a menace to the health,
safety or general welfare of the residents of the Township of Marlboro.
[Amended 12-10-1981 by Ord. No. 47-81]
A.
This chapter shall not be construed to include the
selling of any article at wholesale to dealers in such articles or
the delivery of milk, eggs, bread, newspaper or such other necessary
and perishable articles of food or merchandise of a type commonly
delivered on a house-to-house basis at intervals of less than one
week or the selling of products actually grown by the seller, but
the foregoing shall be subject to any and all regulations, statutes
and ordinances concerning food handling and food handlers and all
other applicable ordinances, regulations and statutes of the Township
and state.
B.
Federal census takers and polls or surveys taken pursuant
to federal, state or local law shall not be prohibited by this chapter.
C.
Any veteran or volunteer fireman who holds a special
license issued pursuant to N.J.S.A. 45:24-9, as may be supplemented
and amended, shall be exempt from the fee, but shall be required to
comply with all other applicable sections of this chapter.
D.
Any nonprofit, religious, charitable, civic or veterans organization, service club, volunteer fire or first aid company desiring to solicit or have solicited in its name money, donations or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged shall be exempt from the provisions of §§ 271-3H and 271-5A, provided that there is filed a sworn application in writing with the Business Administrator containing the following information:
[Amended 7-14-2011 by Ord. No. 2011-17]
E.
Upon being satisfied that such person, organization
or association is bona fide, the Business Administrator shall issue
a special permit without charge for a specified period.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in § 4-3 of the Code.
