As used in this chapter, the following terms
shall have the meanings indicated:
CANVASSER or SOLICITOR
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.
HAWKER or PEDDLER
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.
MERCHANDISE
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.
PERSON
Any individual, firm, partnership, voluntary association,
incorporated association and any principal or agent thereof.
TRANSIENT MERCHANT
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.
TRANSIENT MERCHANT PEDDLER
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.
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.
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]
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.
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.
[Amended 9-3-1997 by Ord. No. 97-5]
A violation of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
II, General Penalty.