[Adopted 6-23-1997 by Ord. No. 15-1997 (Ch. 80, Art. I, of
the 1993 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Includes patriotic, religious, benevolent, educational, civic
or fraternal corporations, organizations, associations, societies
and the like.
A person who sells or collects goods or services, the proceeds
of which are devoted exclusively to the purpose of a philanthropic,
charitable or religious society on whose behalf he acts as agent.
A person who goes from place to place, also known as a "hawker,"
by traveling on the street or from house to house and who carries
with him goods, wares and merchandise for the purpose of selling and
delivering them to consumers or buyers.
Any individual, firm, partnership, corporation, voluntary
association, church, religious denomination, society, political association,
incorporated association or agent thereof.
A person who goes from house to house selling or buying goods,
wares or merchandise by sample or taking orders for future delivery
or selling a service to be rendered in the future, with or without
accepting advance payment for the goods, wares, merchandise or services,
or any person requesting, directly or indirectly, money, credit, property,
financial assistance and other things of value on the representation
that same will be used for a charitable and philanthropic purpose.
The purpose of this article is to prevent fraud, crime and dishonest
business practices. All application fees are not charged as revenue,
but for the purpose of covering the expenses incurred in the regulation
and control of licenses and permits.
It shall be unlawful for any peddler, non-profit-making vendor,
solicitor or other person to sell, buy or dispose of or offer to sell
or dispose of any goods, wares, merchandise or services or to contract
for service to be rendered or to take or offer to take orders for
any goods, wares, merchandise or services to be rendered or delivered
in the future or to solicit for charitable and philanthropic purposes
within the Township of Buena Vista without first obtaining a license
therefor as provided in this chapter.
Any person desiring a license for the purpose herein mentioned
in this chapter shall file an application with the Township of Buena
Vista in duplicate and sworn to by the applicant.
A.
Every applicant desiring a license for the purpose herein mentioned
in this chapter shall file an application with the Township of Buena
Vista in duplicate and sworn to by the applicant. The application
shall include:
(1)
The name and permanent address of the applicant.
(2)
The age, weight and height of the applicant.
(3)
A description of, the registration number, including state of registration/license,
and the license plate number of the vehicle to be used, if any.
[Amended 3-28-2016 by Ord. No. 22-2016]
(4)
The name and address of the employer or charitable or philanthropic
organization.
(5)
The nature of the business to be conducted and type of merchandise
to be sold or services to be solicited, or the nature of the charitable
and philanthropic solicitation, as the case may be.
(6)
The length of time for which the license is desired.
(7)
At least three business or character references.
(8)
Places where the applicant has resided for a period of three years
immediately prior to making the application.
(9)
Whether the applicant has ever been convicted of a crime or as a
disorderly person or of any violation of any ordinance regulating
peddlers, hawkers, solicitors or canvassers, stating the date of each
conviction, name of the court, violation charged in the complaint
and the disposition thereof.
B.
Said application shall be accompanied by:
(1)
A letter or written statement from the individual, firm, corporation
or organization employing or authorizing the applicant to act on its
behalf, certifying that the applicant may make such application;
(2)
A recent photograph of the applicant taken within 60 calendar days
of the date of the application and whose dimensions shall be approximately
passport size and shall clearly show the head and shoulders of the
applicant;
[Amended 3-28-2016 by Ord. No. 22-2016]
(3)
A criminal background check report of the individual applicant, not
the firm, corporation, or organization employing and/or authorizing
said applicant(s), secured through a licensed private agency, conducted
no more than 30 calendar days prior to the filing of the application
with the Township Clerk. The background check report shall be based
upon the results of fingerprinting, which shall be performed at the
expense of the applicant; and
[Amended 3-28-2016 by Ord. No. 22-2016[1]]
[1]
Editor's Note: This ordinance also redesignated former
Subsection B(3) as Subsection B(4).
(4)
Fees, as hereinafter prescribed.
C.
Investigation; approval or rejection. When said application is properly
filled out and signed by the applicant and all accompanying information
provided, including a criminal history background check, the Township
of Buena Vista shall then, and only then, begin to investigate the
statements made therein, as well as the information provided by the
applicant. A period of not more than 14 calendar days shall be allowed
for such investigation, whereupon the Township Clerk will indicate
his/her approval or disapproval of the application. All approvals
and disapprovals of applications shall be done by way of resolution
of the Township Committee in accordance with the procedures further
outlined in this chapter. When a fee is required under this chapter,
the applicant shall pay the requisition fee to the Township Clerk
at the time of the filing of the application, of which $50 shall be
nonrefundable if the application is not approved.
[Amended 3-28-2016 by Ord. No. 22-2016]
[Amended 3-28-2016 by Ord. No. 22-2016]
Upon approval of both the Township Clerk under the initial investigation
procedures outlined above and the Township Committee, via resolution,
and upon payment of the required fees, the Township Clerk shall issue
to the applicant a license, which shall be in the form of a writing
bearing the name of the licensee, the purpose for which it is issued,
the date of expiration and the signature of the Township Clerk. All
licenses shall expire on the date(s) set forth on the license itself
or by December 31 of the year in which it was issued, whichever event
occurs sooner. The license shall set forth the specific day(s) and/or
week(s) that the license shall be effective. If the license is issued,
it shall be nontransferable or assignable to any person. Any license
provided for in this chapter may be renewed by complying with the
provisions contained in this herein chapter.
Every licensee shall be required to carry the license in his
possession while engaged in the business. The licensee shall produce
his license at the request of any person solicited or any official
of the Township.
A.
The license fee shall be as follows: $100 for one day and $300 for
four days. In addition, an appropriate New Jersey sales tax certificate,
which is nonassignable and nontransferable, shall also be furnished.
All license fees set forth herein include a nonrefundable fee of $50
to cover the Township's administrative costs in processing the
application and conducting its investigation.
[Amended 3-28-2016 by Ord. No. 22-2016]
B.
The following persons are expressly exempt from the payment of any
license fees:
(1)
Non-profit-making vendors.
(2)
Charitable and philanthropic organizations and their authorized representatives.
(3)
Candidates for any public office and persons accompanying such candidates.
(4)
Any person honorably discharged from the military service of the
United States, possessing a peddler's license issued pursuant
to N.J.S.A. 45:24-9 and 45:24-10.
(5)
Any person who is an exempt fireman, as defined by N.J.S.A. 45:24-9
and 45:24-10.
C.
Any person claiming an exemption pursuant to Subsection B of this section shall indicate on the application the status claimed. An exempt fireman or veteran pursuant to N.J.S.A. 45:24-9 and 45:24-10 shall exhibit to the Township Clerk a copy of the license issued by the Clerk of the County pursuant to N.J.S.A. 45:24-10.
A.
Licenses issued under this chapter may be revoked by the Township
Clerk after notice and hearing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement in the application for
the license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on the licensed business or solicitation in the Township.
(3)
Any violation of this chapter.
(4)
Conviction of any crime involving moral turpitude or a violation
of any ordinance concerning peddling, hawking, soliciting or canvassing.
(5)
Conducting the licensed business or solicitation in the Township
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.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specially the grounds of complaint and the
time and place of hearing. Such notice shall be given personally or
mailed to the licensee at his last known address at least five days
prior to the date set for hearing.
C.
Such license may, pending revocation proceedings, be suspended for
not more than 10 days by the Township Clerk if, in his/her opinion,
the conduct of the licensee is determined to be a hazard to the health,
safety and welfare of the Township.
No soliciting or canvassing activities shall be conducted before
10:00 a.m. or later than 9:00 p.m. on any day.
