Township of Oldmans, NJ
Salem County
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Table of Contents
Table of Contents
[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:
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.
[1]
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.
[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. 
Transient merchant license.
(1) 
For a transient merchant license, in addition to the foregoing items, the applicant shall file:
(a) 
A sworn statement of the true invoice of the amount, average quality or kind and value of the goods to be offered for sale.
(b) 
A statement of the location of such goods, by street or number, and whether on the premises from which they are sold or in a warehouse.
(2) 
To the application must be attached, in the discretion of the Township Clerk, the bills or invoices of purchase of such goods.
D. 
For a transient merchant peddler license, in addition to the foregoing information, the applicant must show:
(1) 
The names and addresses of each peddler acting for said merchant.
(2) 
For each peddler, the number either of arrests or convictions for misdemeanors or crimes and the nature of the offense for which arrested or convicted.
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.
[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.