[HISTORY: Adopted by the Township Committee (now Council)
of the Township of Allamuchy 7-6-1978 (Ch. 98 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 216.
This chapter is adopted to regulate the distribution of certain
materials and peddling, soliciting and related activities within the
Township of Allamuchy. The licensing of persons engaged in the above-mentioned
activities is required so that the identity of persons going door
to door or otherwise distributing materials or food and beverages
within the Township may be established, so that general regulations
may be more effectively enforced for the protection and maintenance
of the health, safety and welfare of the inhabitants of the Township
and to prevent dishonest business practices and dishonest solicitation
of funds in the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed materials, farm products, services
and orders or contracts for services, home improvements or alterations,
and anything that may be sold or distributed by peddlers or solicitors
as defined herein.
Any person, whether a resident of the Township or not, who
goes from house to house, from place to place or from street to street,
or whether stationary or traveling by foot, automotive vehicle or
any other type of conveyance, carrying or transporting merchandise
for the purpose of selling and delivering the merchandise to customers.
The word "peddler" shall also include the words "hawker" and "huckster."
Any individual, firm, partnership, corporation, organization,
club or association or any principal or agent thereof.
Any person, whether a resident of the Township or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
soliciting or attempting to take orders for the sale of merchandise
or services of any kind for future performance or delivery, whether
or not such individual has, carries or exposes for sale a sample of
the merchandise or services, and whether or not he is collecting advance
payments on such sales or orders, or who engages in any of the foregoing
activities from a stationary location on any street or any public
place. The word "solicitor" shall also include the word "canvasser."
Any person engaging in the activities commonly referred to
as "transient merchant" or "itinerant vendor" who merchandises or
sells with the intent to close out or discontinue such business within
a period of one year from the date of commencement and occupies a
room, building, tent, lot or other premises for the purpose of selling
merchandise.
It shall be unlawful for any peddler, solicitor, distributor
or transient merchant to sell, offer for sale or distribute merchandise,
printed material or services within the Township without first securing
a license from the Clerk by filing an application for license, paying
a license fee and obtaining a license from said Clerk.
[Amended 9-3-1981]
Upon obtaining a license as hereinafter provided, a peddler,
solicitor or transient merchant may conduct his activities within
the Township only as long as he adheres to the regulations set forth
herein and carries the license upon his person at all times during
the conduct of his activities. The license shall identify the person
and the type of activity for which he has registered and shall be
shown to any Township official upon request. All licenses shall expire
December 31 of the calendar year in which they are issued. A separate
license shall be required for each vehicle used.
This chapter shall not apply to:
A.
Any veteran or exempt fireman who holds a special state license.
B.
Any person soliciting a vote or support for any political candidate
or program.
C.
Any person soliciting for a bona fide charitable, religious, patriotic,
community service or philanthropic purpose or organization.
D.
Any person engaged in delivering wares, goods or merchandise or articles
or things in the regular course of business to the premises of the
person ordering or entitled to receive the same.
E.
Wholesale salesmen calling on businesses.
F.
Public utility or its employees, which said public utility is subject
to regulation by the State Board of Public Utility Commissioners;
provided, however, that said employees shall display the identification
badge or card issued by their employer.
G.
Any person selling fruits or farm products grown by himself with
or without the help of others.
[Amended 5-21-2013 by Ord. No. 2013-05; 7-10-2019 by Ord. No. 2019-11]
Every applicant for a license under this ordinance, shall file
with the Township Clerk a sworn written application, in duplicate
on a form to be furnished by the Clerk, which shall give the following
information:
A.
Full name, including middle initial, and physical description, including
height, weight, hair color and eye color, of the applicant;
B.
Permanent home address and full local address of the applicant and
proof of same (plus addresses for last three years);
C.
Full date of birth and place of birth;
D.
Social security number or employer identification number;
E.
A brief statement of the nature of the business or organization conducting
the solicitation activities and a description of the merchandise or
service, if any, to be sold or distributed;
F.
If employed by or representing another, the name, business address
and telephone number of the employer, sponsor or organization being
represented together with a letter with original signatures from such
employer, sponsor or organization authorizing the applicant to act
as its representative;
G.
The length of time for which the license is desired as well as the
time during which solicitations will be conducted;
H.
If a vehicle is to be used, a description of such vehicle and its
license number;
I.
The state of issuance and number of the driver's license;
J.
The place where the goods, or property to be sold or offered for
sale are manufactured or produced, where such goods or property are
located at the time such application is filed, and the proposed method
of delivery;
K.
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 two
inches by two inches;
L.
Two business references;
M.
A statement as to whether 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;
N.
A copy of the Business Registration Certificate issued by the Department
of the Treasury, Division of Revenue, of the State of New Jersey or
other proof of registration with the Department of the Treasury;
O.
Completion of "Form D" (available at the New Jersey State Police
Internet Web site, www.njsp.org, or the Police Department) and follow
the instructions for obtaining a criminal history background check,
which includes making an appointment to be fingerprinted by the state
contract vendor and payment of all fees associated with same. Applicants
who fail to obtain a criminal history background check shall not receive
a license.
[Amended 5-21-2013 by Ord. No. 2013-05]
The Township Clerk shall issue the said license within a period
of 10 days of the date of receiving the application, provided that
the application is complete and that there is nothing in the application
to indicate that the applicant's character or business responsibility
is other than satisfactory for carrying on the said business within
the Township of Allamuchy. In the event that the application is rejected,
the Township Clerk shall note such rejection on the application and
return it to the applicant along with his application fee.
Before the license shall be issued, the applicant shall execute
and deliver to the Clerk of the Township of Allamuchy a good and sufficient
bond with a good and sufficient surety in an amount of $200. Said
bond shall remain in force for one year from the date of issuance
and shall be conditioned to indemnify and pay the Township of Allamuchy
any penalties or costs incurred in the enforcement of any of the provisions
of this chapter and to indemnify or reimburse any purchaser of personal
property 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 the kind, quality or value of the personal property and to indemnify
or reimburse any such purchaser in an amount equal to at least the
amount of any payment such a purchaser may have made to a licensee
for personal property or products the delivery of which is not made
as represented by the licensee.
[Amended 5-21-2013 by Ord. No. 2013-05]
The fees for licenses under this chapter shall accompany the
application and shall be as follows:
|
Type of License
|
Fee
|
|---|---|
|
Annual
|
$75
|
|
Monthly
|
$25
|
|
Weekly
|
$10
|
|
Daily
|
$5
|
[Amended 7-25-2018 by Ord. No. 2018-18; 7-10-2019 by Ord. No. 2019-11]
Every trade solicitor or canvasser shall restrict his or her
door-to-door activities to the hours between 9:00 a.m. and 9:00 p.m.
on Mondays through Saturdays. No such activities shall be permitted
on Sundays or state or national holidays.
No license issued under the provisions of this chapter shall
be used at any time by any person other than the one to whom it was
issued.
A.
Licenses issued under the provisions of this chapter may be revoked
by the Township Council after notice and hearing for any of the following
causes:
(1)
Fraud, misrepresentation or false statements contained in the application
for license.
(2)
Fraud, misrepresentation or false statements made in the course of
carrying on his business as peddler.
(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 constitute a menace
to the health, safety or general welfare of the general public.
B.
Notice of the hearing of revocation of a license shall be given in
writing, setting forth specifically the grounds of complaint and the
time and place of hearing. Such notice shall be mailed, postage prepaid,
to the licensee at his last known address at least five days prior
to the date set for the hearing.
Any person aggrieved by the action of the Clerk in the denial
of an application for a license as provided in this chapter shall
have the right of appeal to the Township Council, within 25 days after
notice of the action complained of has been mailed to such person's
last known address, by a written statement setting forth fully the
grounds for the appeal. The Township Council shall set the time and
place for a hearing on such appeal, and notice of such hearing shall
be given to the appellant. The decision and order of the Township
Council on such appeal shall be final and conclusive.
No licensee shall:
A.
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 license.
B.
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.
C.
Enter or attempt to enter the land of any resident in the Township
where such resident has posted a notice prohibiting such entry.
D.
Refuse to leave any private dwelling or property after having been
once requested to do so by the owner or occupant thereof.
E.
Shout, cry out, blow a horn, ring a bell or use any sound-making
or amplifying device on 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 the private premises, for the purpose of attracting attention
to any merchandise or services, without first obtaining written authorization
for same from the appropriate Township official.
F.
Distribute obscene merchandise or printed material or that which
advocates unlawful conduct.
G.
Litter the streets, public places or public or private property within
the Township with any merchandise or printed material.
[Amended 5-21-2013 by Ord. No. 2013-05]
Every license shall remain in force and be valid only for the
time thereon expressed. All yearly licenses shall run until December
31 of any given year. All monthly licenses shall run from the first
day of the month in which the license is issued.
[Amended 9-3-1981; 5-21-2013 by Ord. No. 2013-05]
[Added 7-10-2019 by Ord. No. 2019-11]
A.
For the purpose of protecting residents from criminal activities
and safeguarding their privacy, there is hereby established a no-knock
registry of properties where canvassing and soliciting are prohibited.
The no-knock registry shall be maintained by the Township Clerk.
B.
The Township Clerk shall prepare a list of addresses of those premises
whose owners or occupants have notified the Clerk that they do not
wish to have canvassing or soliciting permitted on their premises
(the "Registry"). Owners or occupants may be included on the Registry
upon the completion of a form, which shall be made available at the
Township Clerk's office during normal business hours and online.
The premises shall remain on the Registry unless the owners or occupants
notify the Township Clerk in writing that they wish the premises to
be removed from the Registry. The Township Clerk shall update the
list monthly. The inclusion of a premises on the registry shall be
deemed a revocation of any privilege or license of any peddler, solicitor
or transient merchant to enter or attempt to enter the premises.
C.
Owners or occupants who have requested that they be listed on the Registry pursuant to Subsection A herein, may procure from the Clerk's office, for a nominal fee, a notice for display on the premises indicating the listing of the premises on the Registry. The notice shall indicate which solicitors may contact residents and shall read substantially as follows: "These premises are listed on Allamuchy Township's 'No-Knock Registry' (Allamuchy Township Code § 221-17). You may not enter or attempt to enter these premises for the purpose of canvassing or soliciting, which includes offering to purchase real estate on behalf of any person or organization. Charitable, political and religious organizations are exempt from this ordinance. The violation of Code § 221-17 Jersey Township Code Sec. 245-20.1 may result in a fine of up to $2,000 and/or up to 90 days of community service."
D.
The Township Clerk shall distribute the current Registry to licensees
at the time of issuance of a license. Although the most current list
of registrants on the Township no-knock registry shall be provided
by the Township Clerk, it is the responsibility of the peddler, solicitor
or transient merchant prior to engaging in any canvassing or soliciting.
E.
No peddler, solicitor or transient merchant, whether licensed or
not, shall peddle, canvass, vend or conduct door-to-door sales at
any premises identified on the then-current Registry.
F.
Any person convicted of violating this section shall be subject to
the following:
(1)
First offense: a minimum fine of $100 with a maximum of up to $1,250;
(2)
Subsequent offense: a minimum fine of $100 with a maximum of up to
$2,000 for each offense, together with community service for a period
of up to 90 days; and
(3)
Any offense: in addition to the above, a permanent revocation of
any license issued under this chapter.
G.
Nothing in this section is intended to preclude an owner or occupant
from filing any other appropriate complaint with the prosecutor, including
a complaint for trespass.
