A.
A. It shall be unlawful for any peddler, transient merchant, transient merchant peddler, merchant peddler, canvasser, door-to-door solicitor, as hereinbefore defined, or the persons owning, managing or operating a new business to sell or offer for sale or dispose of any goods, wares, merchandise or other commodities or a service within the Township of Quinton, except for solicitation on roadways as provided in Article IV, without first having obtained a license, as described hereinafter, for identification purposes and without complying with the other provisions of this chapter in the case of new businesses.
B.
The license
shall be of a kind known as an "identification badge" with a provision
for the insertion of a photograph 1 1/2 inches by two inches in size.
Two photographs of this size shall be provided by the applicant licensee,
and there shall be a deposit of $10 to cover the cost of this badge,
which deposit shall be returned upon the return of the badge and forfeited
if the badge is not returned.
C.
There shall
be an investigation fee paid to the Township of Quinton prior to the
issuance of the license to cover the cost of an investigation of the
applicant by the New Jersey State Police to ascertain the honesty
and reliability of the applicant. Fingerprinting may be required as
an investigative tool; however, if the applicant provides proof that
his or her fingerprints are currently on file with any other municipality
in the state or if, in the alternative, the applicant has appropriate
documented proof of a fingerprint clearance in another municipality,
no more than 30 days prior to the application in the Township of Quinton,
then that shall suffice as fingerprint clearance, provided that said
clearance has been verified through the New Jersey State Police and
the Federal Bureau of Investigation.
D.
The maximum
waiting period to complete the investigative procedures for any applicant
shall be 10 days from the date of the application. In instances of
a renewal of a license or where the applicant has a fingerprint clearance
dated not more than 30 days prior to the application, the waiting
period shall be a maximum of 24 hours.
E.
The applicant
shall present, at the time of his or her application, in addition
to the photograph required for his or her identification badge, a
written statement relating to his or her past history of arrests or
convictions anywhere in the United States. All of the time periods
mentioned in this chapter shall not commence until the photograph
and the history of arrests and convictions, as well as the completion
of the application, are in the hands of the Township of Quinton.
F.
After the
license has been issued, it is absolutely required that the solicitor
wear the badge on the lapel or somewhere on the chest of the outermost
garment being worn by such solicitor at all times that he or she is
conducting his or her business from door to door.
G.
The actual
door-to-door solicitation shall not commence before 9:00 a.m. and
must terminate prior to sunset. Door-to-door solicitation after the
hour of darkness is expressly forbidden.
H.
Where an applicant has previously been licensed pursuant to this chapter, the investigation fee in § 195-3C may be waived in the discretion of the Township Committee, who must then make a determination, in consultation with the New Jersey State Police, that the applicant is bona fide. Upon making such a determination, the Township Committee shall approve the application.
The following persons are exempt from the payment of a license
fee, badge requirements and, in the discretion of the Township Committee,
the investigation procedures, upon compliance with all other provisions
of this chapter and submission of applicable identification and documents
to support their claim to exemption:
A.
Any charitable
or religious organization or society, which is recognized as tax exempt
under the United States Internal Revenue Code, that shall conduct
sales of personal property where the proceeds thereof shall be applied
to the payment of the expenses thereof and to the charitable or religious
object for which the society exists. Satisfactory proof of such tax
exemption must be provided by the applicant.
B.
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 24-10.
C.
Any person
who is an exempt fireman of a volunteer fire department as defined
by N.J.S.A. 45:24-9 and 24-10, possessing a license in conformity
with said law.
D.
Any public
utility or its employees, which said public utility is subject to
regulation by the State Board of Public Utility Commissioners; provided,
however, that such employees shall display the identification badge
or card issued by their employer.
E.
Any person
selling fruits and farm products grown by himself, with or without
the help of others.
F.
Any person
engaged in the delivery of goods, wares or merchandise or other articles
or things, in the regular course of business, to the premises of persons
who had previously ordered the same or were entitled to receive the
same by reason of a prior agreement.
G.
Wholesale
salespeople calling on businesses.
H.
Federal
census takers and pools or surveys taken pursuant to federal, state
or local laws.
I.
Any school,
political or civic organization, benevolent society, service club
or organization, not for profit, which is located in the Township
or has a majority of its membership from the Township.
J.
Any person
who has obtained a charitable solicitor's permit in accordance with
this chapter.
The investigation required by § 195-3 shall be limited to that sufficient for the New Jersey State Police to make a determination that the person or organization is bona fide. Upon making such a determination, the New Jersey State Police shall notify the Township Committee.
A.
All applications
for licenses referred to herein shall first be made by filing with
the Supervisor an application blank which shall contain the following
information:
(1)
The
name and social security number of the applicant and, in the case
of peddlers and solicitors, photographs and fingerprints.
(2)
The
permanent home residence of the applicant.
(3)
The
name and addresses of the firm represented or the names and addresses
of the persons from whom goods making up the stock were or are to
be purchased.
(4)
Three
business references located in Salem County, New Jersey, or, in lieu
thereof, such evidence of good character and business and responsibility
of the applicant as will enable proper evaluation of the applicant's
character and responsibility by a police investigator.
(5)
The
place or places of residence of the applicant for the preceding three
years.
(6)
A description
of the wares to be offered for sale, including an approximate value
and quantity of the personal property to be exposed for sale in the
Township.
(7)
The
number of arrests, charges or convictions for misdemeanors or crimes,
the nature thereof and the disposition of said charges.
(8)
Where
the applicant is to be employed by someone else, a letter from the
employer authorizing the applicant to act as its representative.
(9)
In
the case of an application for a transient merchant-peddler license,
the names and addresses of each peddler and the place where the business
is to be carried on from.
(10)
The
length of time for which the license is desired.
(11)
If
a vehicle is to be used, a description of such vehicle and its license
number, registration and insurance certification.
(12)
Two
photographs of the applicant taken within 60 days immediately prior
to the date of the application, which photograph shall clearly show
the head and shoulders of the applicant and shall measure 1 1/2 inches
by two inches.
B.
The license
issued shall not authorize any person except the designated person
named in such license to engage in business thereunder, and a separate
license must be obtained for every branch established or separate
place of business maintained. Each license issued shall authorize
the licensee obtaining it to conduct the business therein at the location
or place of business indicated thereon.
A.
When the
application is properly filled out and signed by the applicant, the
original and duplicate thereof shall be filed with the Supervisor.
The Supervisor shall refer the original to the New Jersey State Police,
who shall make or cause to be made within the time limitations herein
prescribed such investigation of the applicant's business responsibility
and character as he deems necessary for the protection of the public
good.
(1)
If,
as a result of such investigation, the applicant's character or business
responsibility is found to be unsatisfactory, the New Jersey State
Police shall endorse on such application his disapproval and his reasons
therefor and shall return the application to the Supervisor. Any determination
by the New Jersey State Police that an application is unsatisfactory
shall be based on one or more of the following findings with respect
to the applicant:
(2)
In
the absence of any such finding, the New Jersey State Police shall
find the application satisfactory, shall endorse his approval on the
application and shall return the application to the Supervisor.
B.
If an application
is found unsatisfactory by the New Jersey State Police and he has
endorsed his disapproval upon the application, the Supervisor shall
notify the applicant by mail that the application is disapproved and
shall deny the applicant a license. If an application is found satisfactory
by the Chief of Police, the Supervisor shall issue a license.
A.
Licenses
issued under provisions of this chapter may be revoked by the Township
Committee after notice and hearing for any of the following causes:
(1)
Fraud,
misrepresentation, or any false statement contained in the application
for license.
(2)
Fraud,
misrepresentation or false statement made in the course of carrying
on his business as peddler, huckster, vendor, solicitor, itinerant
vendor or commercial traveler.
(3)
Any
violation of this chapter.
(4)
Conviction
of any crime or misdemeanor involving moral turpitude.
(5)
Conducting
the business of peddling in an unlawful manner or in such a manner
as to constitute a breach of the peace or to constitute a menace to
the health, safety or general welfare of the public.
B.
The Supervisor,
upon receiving information providing reasonable cause to believe that
the holder of any license issued hereunder has violated any provision
of this chapter or has been convicted of any violation referred to
in this section or has been indicted or charged with or for any crime
or offense or has been convicted of any crime or offense, may forthwith
temporarily suspend such license until a hearing is held by the Director
of Public Safety as provided herein, and the Director shall have issued
a determination thereon.
C.
Notice
of a hearing for revocation of a license shall be given, in writing,
setting forth specifically the grounds of the complaint and the time
and place of the hearing. Such notice shall be mailed, certified mail,
return receipt requested, postage prepaid, to the licensee at his
last known address at least five days prior to the date set for the
hearing.
D.
If the
licensee has one or more employees, the revocation hereunder shall
apply to the licensee and all employees determined to be in violation
of this chapter.
E.
Upon revocation,
the license shall be surrendered to the Director of Public Safety
or his or her designee.
No person or license holder shall:
A.
Peddle,
solicit or distribute merchandise except between the hours of 9:00
a.m. and 6:00 p.m. or sunset, whichever occurs earlier, unless specifically
having been invited to dwelling by an occupant thereof or having previously
made an appointment with an occupant.
B.
Attempt
to peddle, solicit or distribute merchandise or printed material without
first having identified himself as a peddler, solicitor or distributor
registered with the Township and displaying his certificate.
C.
Have exclusive
right to any location in the public streets or operate in any congested
area in such a manner as to impede the flow of traffic or of pedestrians
or create a breach of the peace.
D.
Stand,
hawk, peddle or solicit on the premises of any business establishment,
shopping center or mall without the written consent of the owner or
individual agency or organization responsible for the management and/or
operation of the same.
E.
Enter or
attempt to enter the land of any resident in the Township where such
resident has posted a notice prohibiting such entry.
F.
Refuse
to leave any private dwelling or property after having been once requested
to do so by the owner or occupant thereof.
G.
Shout,
cry out, blow a horn, ring a bell or use any sound-making or -amplifying
device upon any of the streets, parks or public places of the Township
or upon private premises where sound of sufficient volume is emitted
or produced therefrom to be capable of being plainly heard upon private
premises, for the purpose of attracting attention to any merchandise
or services, without first obtaining written authorization for the
same from the appropriate Township official.
H.
Litter
the streets, public places or public or private properties within
the Township with any merchandise or printed material.
Every person holding a license under this chapter shall be required
to carry the license with him or her at his or her business premises
while engaged in the business licensed. He or she must produce the
license upon the request of any interested person.
Nonrefundable license fees shall be $10. No application shall be processed unless accompanied by the license fee along with a fee to defray the police investigation fee of $26, unless this fee has been waived pursuant to § 195-3C, and a refundable deposit of $2 for the identification badge as provided in § 195-3.
No license may grant the right to solicit for a period longer
than 90 consecutive days.
A.
Any person,
persons, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction thereof, pay a penalty of not
more than $1,000 or be confined for not more than 90 days in the county
jail of the County of Salem, or both, at the discretion of the Judge.
In any case where the provisions of this Code impose a higher
standard than set forth in any other ordinance of the Township of
Quinton or under the laws of the State of New Jersey, then the standards
as set forth herein shall prevail, but if the provisions of this Code
impose a lower standard than any other ordinance of the Township of
Quinton or of the laws of the State of New Jersey, then the higher
standard contained in any such other ordinance or laws shall prevail.
No license or permit or other certification or compliance with
this Code shall constitute a defense against any violation of any
other local ordinance applicable to any structure or premises or use
of such structure or premises, nor shall any provision herein relieve
any owner, operator, tenant or occupant from complying with any such
other provision or any official of the Township of Quinton from enforcing
any such other provision.
A.
Any person
canvassing or soliciting in connection with a political campaign or
charitable or religious organization or society or any representative
of such organization or society, recognized as tax exempt under the
United States Internal Revenue Code, when such canvassing or solicitation
does not involve the sale or attempted sale of merchandise, shall,
at least 24 hours prior to such canvassing or solicitation, present
himself or herself to the office of the Chief of Police and shall
provide said Chief of Police with the following information:
(1)
The
nature and anticipated duration of such canvassing or solicitation.
(2)
The
approximate number of persons who will be canvassing or soliciting.
(3)
The
name and address of the person in charge of such canvassing or solicitation.
(4)
The
full name and address of the political, charitable or religious organization
on behalf of which such solicitation or canvassing is to be conducted.
(5)
The
names, to the extent known, of the persons who are expected to go
from door to door or to distribute materials within the Township.
B.
The purpose
of such registration is that the identity of persons going door to
door or distributing materials within the Township may be established
for the protection and maintenance of the health, safety and welfare
of the inhabitants of the Township and to prevent dishonest solicitation
of funds in the Township. No permit or fees shall be required.
C.
Such canvassing
or soliciting activities shall not be allowed after 9:00 p.m. local
time.
