[Adopted 5-14-1963 (Ch. 82, Art. II, of the 1974 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any individual, whether a resident of the Borough of Westville
or not, who travels by foot or by means of any other conveyance from
place to place, from house to house or from street to street for the
purpose of selling or taking or attempting to take orders for the
sale of goods, for present or future delivery, or for services to
be performed in the future, whether or not a sample is carried or
displayed and whether or not advance payments are collected. The term
shall not be deemed to include hucksters, nor shall it apply to a
person canvassing or soliciting a business establishment for the purpose
of selling goods, wares and merchandise to be resold at retail in
said establishment.
[Amended 9-13-1977]
It shall be unlawful for any canvasser or solicitor to engage
in canvassing and soliciting within the Borough of Westville without
a municipal license.
Application for a license shall be made to the Borough Clerk.
A.
The applicant shall complete the application form, giving, under
oath:
(1)
His or her full name.
(2)
Permanent and local address.
(3)
Age, height and weight.
(4)
Place of birth.
(5)
Whether married or single.
(6)
The number of years which the applicant has resided at his or her
permanent home address and local address.
(7)
Description of the nature of the business and goods to be sold.
(8)
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
(9)
The place where the goods to be sold or orders to be taken therefor
are manufactured or produced, and the proposed method of delivery.
B.
The applicant shall also furnish:
(1)
Two references as to the applicant's good character and business
responsibility.
(2)
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
(3)
A photograph of the applicant, taken within 60 days.
C.
There shall be imprinted upon the application form a fingerprint
of the thumb or index finger of the applicant.
A.
Upon receiving a completed application in accordance with § 254-16 above, the Borough Clerk shall notify the Chief of Police of the application for a license and transmit a copy of same to the Chief and request that an immediate investigation be made to verify the truth of the statements contained therein.
B.
The Borough Clerk shall, within three days, issue a license, which
shall expire six months after the date of issuance, provided that
the application does not disclose that the applicant was convicted
of any crime, misdemeanor or violation of any municipal ordinance
and that the investigation by the Chief of Police discloses no false
statement therein.
C.
Upon approval of the application, the licensee shall also be issued
a badge or button which shall contain a serial number. A fee of $10
shall be required for the badge or button. The licensee shall wear
this badge or button in a conspicuous place on his or her outer clothing
while engaged in business under this license.
[Amended 12-12-1989]
A.
Where a licensee desires to renew a license which is near expiration
or which has expired, the licensee shall file with the Borough Clerk
a statement to the effect that all the statements and other information
made in his or her previous application are still true and complete.
If through changed circumstances the previous application does not
contain true, up-to-date information, then the licensee shall state
what changes, if any, should be made.
B.
Upon the filing of the renewal statement, the Borough Clerk shall
issue a renewal license for a one-year period, and the licensee shall
pay therefor a fee of $25 to cover the costs of processing the renewal
application.
[Amended 12-12-1989]
C.
A copy of the renewal application statement shall be furnished the
Chief of Police, who shall cause an investigation to be made to verify
the truth of the statements contained therein.
No licensee shall canvass or solicit in the Borough of Westville
except between the hours of 9:00 a.m. and 8:00 p.m. The licensee shall
exhibit his or her button or badge to any police officer or other
person upon request.
Any license or renewal license issued hereunder may be revoked,
after notice and hearing, for any of the following causes:
A.
The giving of any false information in the application or any renewal
statement.
B.
Delivering any items which are not in accordance with the representation
made by the licensee at the time the sale was solicited.
C.
Canvassing or soliciting at unauthorized hours.
D.
Allowing another person to use the badge or button issued to the
named licensee or failing to immediately notify the Borough Clerk
of the loss of the badge or button.
E.
Conviction of the licensee of any crime, misdemeanor or violation
of a municipal ordinance.
[Amended 9-13-1977[1]]
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable as set forth in Chapter 1, Article I, § 1-15, General penalty. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
