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, offering to sell or purchase or taking
orders for goods, wares, merchandise, real estate 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. "Canvasser or
solicitor" shall not include wholesale salespersons calling on retail
merchants.
JUNK DEALER
A person who deals in buying and selling old iron or other
metals, glass, paper, cordage or other waste or discarded material.
PEDDLER, HAWKER or VENDOR
Any person who goes from house to house, place to place,
or person to person, carrying, conveying or transporting goods, wares,
merchandise or services and offering or exposing the same for sale
or delivering articles for purchasers. The words peddler, hawker and
vendor shall not include wholesale salespersons calling on retail
merchants.
PERSON
Any individual, firm, partnership, corporation, voluntary
association, business entity and any principal or agent thereof.
TRANSIENT MERCHANT
A person commonly referred to either as a transient merchant
or itinerant vendor who engages temporarily in business in this Borough
and who may occupy a room, building, tent, lot, vehicle or cart, whether
motorized or not, or other premises for the purpose of selling goods,
wares, food, beverages or 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, food, beverages or merchandise.
[Amended 5-12-2008 by Ord. No. 2008-10]
TRANSIENT MERCHANT PEDDLER
A person who engages in business in the manner defined by
the preceding definition of "transient merchant" and pursuant thereto
becomes a peddler or hawker, or hires a peddler or hawker, as hereinabove
described.
The purpose of this chapter is to prevent unfair competition, dishonest business practices and fraudulent solicitation, traffic hazards and undue annoyance to householders and tenants by the regulation of transient merchants, hawkers, peddlers, junk dealers, solicitors and canvassers as defined in §
484-1 of this chapter.
[Amended 5-24-2010 by Ord. No. 2010-23]
A. It shall
be unlawful for any transient merchant, hawker, peddler, vendor, junk
dealer, solicitor or canvasser, whether a resident of the Borough
or otherwise, to sell or dispose of or to offer to sell, purchase
or dispose of any goods, wares, merchandise, real estate or publications
or to solicit money within the Borough without first applying for
and securing a license as hereinafter provided.
B. The Borough Clerk shall maintain a list of names and addresses of residents who have determined that solicitors, peddlers and/or hawkers shall not be invited to their respective residence. Any resident shall be included on such list if they complete a form to be so included. The form shall be available at Borough Hall. The list shall be distributed to applicants seeking a license for the purposes mentioned herein. The licensee shall not solicit, peddle or hawk at any residence on the list. Any solicitor, peddler or hawker who goes upon any premises or rings a doorbell upon or near any door or creates any sound in any manner calculated to attract the attention of the occupant of such residence, when such residence is on the list provided shall be considered to be engaging in uninvited soliciting as set forth in §
484-12, and shall be subject to the penalties set forth in §
484-13. Religious and educational groups and not-for-profits registered within the Borough shall be exempt.
The requirements of this chapter shall not be construed to apply
to the following classes of persons:
A. Any person, soliciting votes or support for any bona fide political
candidate seeking public office, including primary election; any activity
or conduct connected with or relating to voter registration; or any
conduct or activity relating to the expressing of opinion on, or soliciting
support for, any public candidacy or public issue or question.
B. Any person who is a canvasser or solicitor on behalf of any religious,
educational or charitable corporation, organization, association or
society created for nonpecuniary profit; any religious, educational
or charitable corporation, organization, association, or society approved
by the Internal Revenue Department of the United States for income
tax deduction for contributions thereto shall presumably be considered
to be qualified as the type of corporation, organization or society
for whom a person may solicit or canvass and be exempt from this chapter.
C. Officers or employees of the Borough, county, state or federal government
when on official business.
D. Any veteran and/or volunteer fireman who holds a special license
issued pursuant to N.J.S.A. 45:24-9 et seq.
E. Persons engaged in the sale or delivery of newspapers qualified as
legal newspapers within the meaning of N.J.S.A. 35:1-1 et seq.
F. This chapter shall not apply to any person engaged in the delivery
of goods, wares, merchandise or other articles or things in the regular
course of business to the premises of persons ordering or entitled
to receive same.
Application for license by any person shall be made to the Borough
Clerk during regular business hours. The applicant shall file a sworn,
written application upon a form provided by the Borough, in duplicate,
which shall contain or be accompanied by the following data:
A. Information required.
(1) The applicant's name; business address; residence; and length
of time at such residence.
(2) The applicant's address during the past three years if other
than the present address.
(3) The age of the applicant.
(4) The state of birth and driver's license number of the applicant.
(5) A physical description of the applicant.
(6) The name and address of the person, firm or corporation by whom the
applicant is employed or whom the applicant represents; the length
of time at such employment or representation; if a corporation, the
name and address of registered agent.
(7) The name and address of applicant's employer during the past
three years if other than the present employer.
(8) A description sufficient for identification of the subject matter
of the soliciting, canvassing or peddling in which the applicant shall
engage.
(9) The actual dates when the soliciting, canvassing or peddling shall
take place.
(10)
If goods are to be sold or orders taken therefor, the name and
address where such goods are manufactured or produced and the proposed
method of delivery.
(11)
If a vehicle is to be used, description including the license
number.
(12)
Two sets of fingerprinting of the applicant. In the event the
holder of a license previously issued desires to renew same, such
renewal applicant shall file a new application in accordance with
the requirements of this chapter, except that the applicant shall
not be required to comply with fingerprinting requirements if the
applicant shall have been fingerprinted at the time of the issuance
of the original application.
(13)
The date of the last application for license under this chapter,
if any.
(14)
Whether a license issued to the applicant under this chapter
has ever been revoked.
(15)
A statement as to whether the applicant has ever been convicted
of any crime, misdemeanor or violation of any municipal ordinance
of this state or any other state or federal law of the United States
and, if so, the nature of the offense and the punishment or penalty
assessed therefor.
(16)
The geographic area to be canvassed or solicited.
(17)
The length of time for which the license is desired.
B. For transient merchants licenses. In addition to the foregoing items,
the applicant shall file:
(1) A sworn statement of the true invoice of the amount, average quality
or kind and value of the goods to be offered for sale.
(2) A statement of the location of such goods.
(3) To the application must be attached, in the discretion of the Borough
Clerk, the bills or invoices of purchase of such goods.
C. For transient merchant peddler license. In addition to the foregoing
information, the applicant must show:
(1) The names and addresses of each peddler acting for the merchant.
(2) The number and nature of arrests or convictions for misdemeanors
or crimes for each peddler.
For any person applying on behalf of or under the auspices of
a firm, partnership, corporation, voluntary association or other business
entity, the Borough Clerk shall establish the character of the business
by:
A. Eliciting a declaration of intention as to the length of time they
intend to remain in the Borough.
B. By requiring a bond in the amount of $1,000 in accordance with and
for the purposes provided in N.J.S.A. 45:24-5; to remain in force
for one year and be conditioned to indemnify and pay the Borough any
penalties and costs incurred in the enforcement of any provisions
of Title 45, Chapter 24, Article 1, N.J.S.A. and to indemnify and/or
reimburse any purchaser of such personal property as shown in the
declarations and disclosures heretofore required in a sum equal to
at least the amount of any payment such purchaser may have been induced
to make through the misrepresentation as to kind, quality or value
of the personal property, whether the misrepresentations were made
by the owners or their servants, agents or employees, either at the
time of making the sale or through any advertisement printed or circulated
with reference to such property or any part thereof; and upon conclusive
proof of breach of the foregoing conditions, the bond shall be forfeited.
Every holder of a license issued by the Borough under the authority
of this chapter or by the Clerk of the County of Monmouth under the
authority of N.J.S.A. 45:24-9 shall be required to carry such license
(and, if applicable display same at its business premises) while engaged
in the licensed activity within the corporate limits of the Borough.
The holder shall produce such license at the request of any official
of the Borough or of any resident of the Borough with whom the holder
wishes to conduct the licensed activity.
License fees shall be as follows:
A. Peddlers. For each peddler, regardless of the method used for transporting
his wares and merchandise: $5 to be paid at the time of filing the
application to cover the cost of investigation of the facts therein
stated; plus $20 license fee per annum or $10 for one week or any
portion thereof. Every peddler's license shall terminate as of
December 31 of the year in which it is issued.
B. Transient merchants. Five dollars to be paid at the time of filing
the application to cover the cost of investigation of the facts therein
stated; plus $20 per annum, except that in the event the transient
merchant shall operate in the nature of a traveling or street show,
carnival or circus, then the fee shall be $100.
C. Transient merchant peddler. Five dollars to be paid at the time of
filing the application to cover the cost of investigation of the facts
therein stated; plus $20 per annum license fee, plus $10 per week,
for each peddler.
D. Junk dealer. Five dollars to be paid at the time of filing the application
to cover the cost of investigation of the facts therein stated; plus
$50 per annum license fee.
E. For all other licenses. Five dollars to be paid at the time of filing
the application to cover the cost of investigation of the facts therein
stated.
[Amended by Ord. No. 1987-8]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as established in Chapter
1, Article
II, General Penalty, of the Code of the Borough of Red Bank.