[HISTORY: Adopted by the Mayor and Council of the Borough of Raritan 6-10-2003 by Ord. No. 03-04 (Ch. 36 of the 1966 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Food establishments — See Ch. 180.
Streets and sidewalks — See Ch. 320.
[Amended 3-9-2004 by Ord. No. 04-02; 8-27-2013 by Ord. No. 2013-11]
For the purposes of this chapter, the following terms shall have the meanings indicated:
CANVASSER
Any person who goes from door to door, or from place to place, by traveling on the streets and roads, or stands within the streets and roads or public rights-of-way, for the purpose of obtaining the views of any person upon any economic or social question or project, or for the purpose of distributing literature, leaflets, pamphlets, advertisements, circulars, samples, door hangers, or other written material for the purposes of information and/or advertising.
[Added 5-8-2018 by Ord. No. 2018-04]
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, patriotic, political, or religious group, association or corporation which solicits and collects contributions for charitable purposes.
COMMERCIAL PURPOSES
Action taken for the purpose of selling goods, services or wares, or advertising goods, services or wares with an intent of profit making. However, no peddling, canvassing or soliciting by nonprofit or charitable organizations, or political organizations, shall be considered a commercial purpose.
[Added 5-8-2018 by Ord. No. 2018-04]
CONTRIBUTION
The promise or grant of any money or property of any kind or value.
PEDDLER
Any person who goes from place to place by traveling on the streets and roads or from house to house carrying, conveying or transporting goods, wares or merchandise for the purpose of selling and delivering them to customers.
PERSON
Includes any person, firm or corporation, association, club, partnership, society or any other organization.
SOLICITOR
Any person, commonly referred to as a "solicitor," who goes in or upon private property for the purpose of advertising; promoting; advocacy; education; handbill distribution; canvassing; or conducting market research or a market or opinion survey regarding products or services.
[Amended 5-8-2018 by Ord. No. 2018-04]
TRANSIENT MERCHANT
A person who engages in a temporary business of selling and delivering goods, wares, merchandise or services within the Borough and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, parking lot, sidewalk, street, alley or other place within the Borough for the exhibition and sale of such goods, wares or merchandise, either privately or at public auction.
[Amended 8-27-2013 by Ord. No. 2013-11]
The purpose of this chapter is to prevent unauthorized business practices, to provide for traffic and pedestrian safety by regulating the use of the streets and property adjacent thereto by persons within the scope of this chapter, to prevent extended parking or trespassing on private or public property, to prevent violations of the Borough's Zoning Ordinance,[1] and to generally provide for the safety of the residents of the Borough of Raritan.
[1]
Editor's Note: See Ch. 207, Land Use and Development.
[Amended 8-27-2013 by Ord. No. 2013-11; 5-8-2018 by Ord. No. 2018-04]
Any person desiring to peddle, solicit or canvass for a commercial purpose within the Borough must apply for and receive, prior to such activity taking place, a commercial peddling, soliciting or canvassing license from the Borough Clerk as provided within this chapter.
[Amended 3-9-2004 by Ord. No. 04-02; 8-27-2013 by Ord. No. 2013-11]
A. 
This chapter shall not apply to:
(1) 
Any person conducting a sale pursuant to statute or court order;
(2) 
Any person engaged in delivering goods, wares, merchandise or other articles or things previously ordered or requested;
(3) 
Any person delivering or soliciting newspapers; and
(4) 
Anyone canvassing for or against any political candidate or any political question, where such canvassing takes place not more than 60 days prior to a municipal, county, state or federal election.
B. 
The following persons are exempt from license fees and license application requirements upon providing documentation to support their claim for exemption and the name and address of the designated representative to be responsible for the supervision of any public solicitation by the following persons to the Borough Clerk:
(1) 
Any person soliciting votes or support for any political candidate or program;
(2) 
Any person soliciting on behalf of a charitable organization;
(3) 
Any person honorably discharged from the military services of the United States, possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and N.J.S.A. 45:24-10.
A. 
Applicants for a license under this chapter must file with the Borough Clerk, in duplicate, on a form to be furnished by the Borough Clerk, a written application certified by the individual or, in the case of a corporation or association, its president, secretary or duly authorized agent, which application shall state the name and residence of the owner or person in whose interest the business is to be conducted, including all of the following information:
(1) 
The name or names of the person or persons having the management or supervision of the applicant's business during the time that it is proposed that it will be carried on in the Borough.
(2) 
The local address or addresses of such person or persons who will engage in such business, the permanent address or addresses of such person or persons, the capacity in which the person or persons will act (that is, whether as proprietor, agent or otherwise), the name and address of the person, firm or corporation for whose account the business will be carried on, if any, and if a corporation, under the laws of what state the same is incorporated.
(3) 
The place or places within the Borough where it is proposed to carry on the applicant's business, the scheduled date of the activity for which a license is sought, and the length of time during which it is proposed its business shall be conducted. In furtherance hereof, the applicant shall be required to submit a sketch depicting the exact location on the property where the activities will he conducted, and written approval of the property owner must be received. In the event that during the life of the license, the applicant desires to amend the location on the property where the activities will be conducted, the applicant shall be required to submit an amended sketch depicting the new location and obtain necessary approval thereof.
(4) 
The place or places, other than permanent place of business of the applicant, where the applicant, within the six months preceding the date of the application, conducted a transient business, if any, stating the nature thereof, and giving the post office and street address of any building or office in which said business was conducted.
(5) 
A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by the applicant within the Borough; whether the same are proposed to be sold from stock in possession or from stock by sample, at auction, by direct sale or by taking orders for future delivery; where the goods or products are proposed to be sold, made, manufactured or produced; and where such goods or products are located at the time the application is filed.
(6) 
A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and if required by the Borough Clerk, copies of all such advertising, whether handbills, circulars, advertising or otherwise, shall be attached to the application as exhibits thereto.
(7) 
Whether or not the person or persons having the management or supervision of the applicant's business have been convicted of a crime, misdemeanor or violation of any municipal ordinance, the nature of such offense, and the punishment assessed therefor.
(8) 
The credentials from the person, firm or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative.
(9) 
Such other reasonable information as to the identity or character of the person or persons having the management supervision of the applicant's business or the method or plan of doing such business as the Chief of Police may deem proper to fulfill the purpose of this chapter and the protection of the public good.
(10) 
A description of all motor vehicles to be used by the applicant in connection with the activity for which a license is sought, including the color, year, make, model and VIN number of such motor vehicles.[1]
[1]
Editor's Note: Former Subsection A(11), regarding cooking in mobile retail food establishments, and A(12), regarding public solicitation of funds by nonprofit vendors, which immediately followed this subsection, were repealed 8-27-2013 by Ord. No. 2013-11.
B. 
All such applications shall be filed at least 30 days before the scheduled date of the activity for which a license is sought.
C. 
At the time of the filing of the application, a nonrefundable fee of $25 shall be paid to the Borough Clerk to defray costs of investigation of the facts stated in the application.
A. 
The Borough Clerk shall forward the application to the following:
(1) 
Any sale of food items: Police Department, Zoning Officer, Health Department and Bureau of Fire Prevention.
[Amended 8-27-2013 by Ord. No. 2013-11]
(2) 
Door-to-door peddling or solicitation: Police Department.
(3) 
Peddling or solicitation from a temporary location within or adjacent to another building and/or business with the use of tables, displays or other such equipment associated therewith: Police Department, Zoning Officer and Fire Prevention Bureau.
B. 
Review of application.
(1) 
The Police Department shall make such investigation of such person and such person's business responsibility and character deemed necessary for the protection of the public good. Further, the Chief of Police shall examine such place or places identified in the application to determine whether such place or places are likely to create traffic congestion or traffic hazards as a result of the location thereof or as a result of pedestrians or operators of motor vehicles utilizing such place or places.
(2) 
The Health Officer shall make such investigation of the application to determine whether any applicable state statutes, regulations or municipal ordinances or regulations pertain to the operation and determine compliance of said operation with such statutes, regulations and/or ordinances.
(3) 
The Zoning Officer shall examine such application to determine compliance with any applicable provisions of Chapter 207, Part 6, Zoning.
(4) 
The Fire Official shall examine such application to determine compliance with all applicable statutes, codes and regulations applying to firesafety.
C. 
No license shall be issued to any peddler or transient merchant where the location of any activity or activities forming a part of the applicant's business shall be closer than 25 feet to the right-of-way line of any street.
[Amended 8-27-2013 by Ord. No. 2013-11]
D. 
If, as the result of such investigation, the applicant's character and business responsibility are found to be satisfactory, and it is determined that such place or places do not create a traffic or safety hazard, the Chief of Police shall so certify in writing to the Borough Clerk. Further, if as a result of such investigation, the Health Official shall determine that the activity is not regulated by any applicable state statute, regulation or local ordinance regulating health matters or, if so regulated, that the activity complies with all applicable statutes, regulations or ordinances, he shall so certify in writing to the Borough Clerk. Further, if as a result of such investigation, the Zoning Officer shall determine that the proposed activity complies with all applicable provisions of Chapter 207, Part 6, Zoning, the Zoning Officer shall so certify in writing to the Borough Clerk. Finally, if as a result of such investigation, the Fire Official shall determine that the proposed activity complies with all applicable statutes, codes and regulations pertaining to firesafety, he shall also certify in writing to the Borough Clerk. The Borough Clerk, upon receipt of all written certifications, shall present the entire application to the Borough Council at a public meeting, at which time the Mayor and Borough Council, upon the determination that the requirements set forth herein have been met, shall approve issuance of the license. Thereafter, the Borough Clerk shall promptly notify the applicant that a license will be issued. The Borough Clerk shall keep a full record in the office of the Borough Clerk as to all licenses issued. Such records shall contain the number of the license, the date the same is issued, the nature of the business it is authorizing, the amount of the license fee, the expiration date of such license, the place where said business may be carried on under said license, and the name or names of the person or persons authorized to carry on same.
E. 
Any license issued herein for door-to-door solicitation shall prohibit such activity before the hour of 9:00 a.m. and after 7:00 p.m.
F. 
Prior to the issuance of a license, the applicant shall provide to the Borough of Raritan a certificate of insurance setting forth the Borough of Raritan as a named insured under the policy with a liability insurance limit of $1,000,000 per occurrence. In the event that the applicant is a not-for-profit organization under Title 15A or Title 16 of the New Jersey Statutes or qualified pursuant to Section 501(c) of the Internal Revenue Code [26 U.S.C.A. § 501(c)], then such applicant may supply an indemnification agreement executed by the appropriate officers in favor of the Borough of Raritan. The Borough may, in its discretion, suspend, reduce or excuse the imposition of this obligation upon any applicant.
[Amended 3-9-2004 by Ord. No. 04-02]
G. 
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reason for same and return the application to the Borough Clerk, who shall notify the applicant that this application is disapproved, and that no license will be issued. The applicant shall have a right, within 10 days, to appeal to the Borough Council, at which time the applicant shall be required to show clear and convincing evidence that the facts set forth in the investigation are inaccurate. A hearing shall be held by the Borough Council at any time within 60 days thereafter upon 48 hours' notice to the applicant. At the conclusion of the hearing, the Borough Council may determine to issue the license or may confirm the denial of the license or may remand the matter to the Chief of Police for further investigation. Any hearing conducted hereunder shall be opened to the public unless provision for exclusion of the public is authorized and warranted in the judgment of the hearing authority under the provisions of the Open Public Meetings Act, N.J.S.A. 10:4-6.
H. 
The Borough reserves the right to refuse a license to any applicant intending to sell goods, wares or merchandise which, in the determination of the Borough, would represent a risk that, if the goods, wares or merchandise were utilized in the manner intended, they would create a deleterious effect on public property or private property, which would cause either the public owner or private owner to incur expenses for cleaning or restoration of the property.
[Added 3-9-2004 by Ord. No. 04-02]
[Amended 3-9-2004 by Ord. No. 04-02; 8-27-2013 by Ord. No. 2013-11]
A. 
All license fees under this chapter shall be nonrefundable and payable at the time of issuance of the license. The fees for licenses shall be as set forth below.
B. 
Term of license; fee:
(1) 
Six-month license: $350.
(2) 
Thirty-day license: $100.
(3) 
Daily license: $25. The applicant shall advise the Borough Clerk upon application for a daily license as to the number of days the applicant seeks the license at the daily fee rate.
The Borough shall issue to each licensee at the time of the licensing a permit which shall contain the words: "Licensed by the Borough of Raritan." Such license as issued under this chapter shall be posted conspicuously in the place of business named therein. In the event such person or persons applying for the license desire to do business in more than one place within the Borough, separate licenses must be issued for each place or business. Every person who is required to hold a license under this chapter shall carry the same when engaged in a business for which the license is issued. In addition, each licensee shall be required to have on his or her person a full and complete copy of the application for the license. Any alterations, ensures or mutilations shall void the license.
[Amended 8-27-2013 by Ord. No. 2013-11]
No person shall enter upon private property for the purposes of peddling, solicitation or canvassing during the hours of 7:00 p.m. to 9:00 a.m.
[Amended 5-8-2018 by Ord. No. 2018-04]
A. 
No permit holder shall solicit, canvass or peddle upon premises whereupon a sign is posted which indicates that the permit holder or such permit holder's activities are not welcome. Such a sign may, but is not required to, state, "no peddlers, solicitors and canvassers allowed".
B. 
License holders shall not walk upon front yards or back yards to move from property to property or building to building unless invited to do so by the property owner.
C. 
No license holder shall enter or attempt to enter a house or apartment or other residence of any resident of the Borough without an express invitation from an occupant thereof.
D. 
All literature, leaflets, pamphlets, advertisements, circulars, samples, door hangers, or other written material being canvassed or peddled shall be handed to an occupant of the property or left in a secure place thereon.
E. 
No license granted under this chapter, nor any exemption from the requirements of this chapter, shall relieve any person of the standards or requirements of Chapter 207, Land Use and Development, Part 6, Zoning.
[Amended 8-27-2013 by Ord. No. 2013-11]
It shall be unlawful for any licensee under this chapter to transfer, sell, share or give a license obtained under this chapter to any other person. A license obtained under this chapter is not transferable and shall be surrendered after expiration before a renewal license can be issued.
A. 
The applications for and licenses issued pursuant to this chapter shall be denied or revoked by the Borough Clerk or designee of the Borough Clerk for any of the following causes:
(1) 
Any fraud, misrepresentation or false statements contained in the application for license;
(2) 
Any fraud, misrepresentation or false statements made in connection with the selling of goods, wares or merchandise;
(3) 
Any violation of this chapter;
(4) 
Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude;
(5) 
Conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
B. 
In the event of any revocation of the license by the Borough Clerk, the licensee may appeal such revocation under the terms and conditions as set forth under § 253-6.
[Amended 10-23-2012 by Ord. No. 12-14]
Any person violating any provision of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $2,000, imprisonment for a period not exceeding 90 days and/or a period of community service not exceeding 90 days.