As used in this article, the following terms shall have the
meanings indicated:
Includes owners, as defined herein, as well as those actually
involved in and/or engaging in the activity of going door to door
for the purpose of sales enterprising.
The practice of going from house to house for the purpose
of obtaining the views of any person upon any economic or social question
or project or for the purpose of distributing literature, pamphlets,
circulars, samples and the like, for the purpose of information, advertising
or for commercial purposes or other purposes.
The Chief of Police of the Township of Haddon, or a representative
authorized by the Chief of Police to perform the acts of the Chief
of Police in accordance with this article.
A determination of whether a person has a criminal record
by cross-referencing that person's name and fingerprints with those
on file with the State Bureau of Identification in the Division of
State Police.
Any public or private business, corporation or partnership
that produces earnings primarily through door-to-door sales. Door-to-door
sales enterprise shall include businesses, corporations or partnerships
that participate in canvassing, itinerant vending and/or peddling,
as defined herein.
Any person who goes from place to place by traveling on the
streets and roads or from house to house taking or attempting to take
orders for the sale of goods, wares and merchandise or personal property
of any nature whatsoever for future delivery or for services to be
furnished or performed in the future, whether or not such person has,
carries or exposes for sale a sample of the object to be sold and
whether or not he or she is collecting advance payments on such sales;
it shall not include wholesalers calling on retail merchants.
All goods, wares, food, fruit, refreshments, ice cream, vegetables,
farm products, magazines, periodicals and all kinds of articles of
personal property for domestic use, and orders or contracts for a
service home improvement or alterations, shall be considered "merchandise"
within the terms of this article.
Includes all principals who own 10% or more of the equity
in the corporation or business trust, partners and officers in the
aggregate employed by the entity as well as any subsidiaries directly
controlled by the business entity.
Any person who goes from place to place by traveling on the
streets and roads or from house to house carrying, conveying or transporting
goods, wares, or merchandise for the purpose of selling and delivering
them to customers. The word "peddler" shall include the words "hawker"
and "huckster."
Includes the masculine and feminine gender and the singular
and the plural and shall be construed to mean and include any individual,
firm, partnership, corporation, association, club or any other organization
or any principal or agent thereof.
The purpose of this article is as follows: to prevent unfair
competition and dishonest business practices by requiring persons
intending to engage in any of the occupations to be licensed by this
article to furnish certain preliminary information, to conform to
the requirements of this article and, to the extent set forth in this
article, to regulate the conduct of persons engaged in any of such
occupations.
Except as otherwise provided in § 177-33 hereof, it shall be unlawful for any itinerant vendor, hawker or peddler to sell or dispose of or to offer to sell or dispose of any goods, wares, or merchandise or to solicit orders for the performance of any service or to engage in canvassing, within the corporate limits of the Township of Haddon, without first obtaining a license therefor in compliance with the provisions of this article. Such licenses shall not be transferable from the person to whom issued to any other person. A separate license shall be obtained by a licensed itinerant vendor, hawker or peddler for every agent or employee working for him.
The requirements of this article shall not apply to the following:
A.
Any charitable, educational, nonprofit or religious body that shall
conduct sales of personal property when the proceeds thereof shall
be applied to the payments of the expenses thereof and to the charitable,
educational, nonprofit or religious body for which the body exists.
B.
Any public utility or its employees, which said utility is subject
to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employees shall wear a plainly visible
identification badge on the upper left corner of their torso, pursuant
to the requirements of N.J.S.A. 48:3-42 et seq.
C.
Any person not otherwise subject hereto, 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.
D.
Any person canvassing for a governmental agency.
A.
An application for a license as provided by § 177-32 shall be made to the Chief of Police upon forms provided by the Township Clerk. Such application shall be sworn to and filed with the Clerk at least 30 days prior to the time at which the license applied for shall become effective. The application herein required shall contain the following information and shall be updated by the applicants as shall become necessary:
(1)
The name, description, address or headquarters of the person applying
for the license.
(2)
If the applicant is not an individual, the names and addresses of
the applicant's principal officers, operating managers and all members
of the applicant's Board of Directors.
(3)
If the applicant is a corporation of the State of New Jersey, a certified
copy of its certificate of incorporation, together with any amendments
or supplements thereto.
(4)
If the application is a corporation, an in-state registered agent
must be identified by name and street address.
(5)
If the applicant is an individual, the permanent home address and
full local address of the applicant.
(6)
If the applicant is employed, the name and address of the employer,
together with credentials establishing the exact relationship.
(7)
A brief statement of the nature of the business and description of
the merchandise or service to be sold.
(8)
The name and address of the person or persons who will be in direct
charge of conducting the sale or offer of merchandise or service(s)
and the names of all promoters connected or to be connected with the
proposed sale or offer.
(9)
An outline of the method or methods to be used in conducting the
sale or offer of merchandise or service(s).
(10)
The length of time for which the license is desired, giving
the preferred dates for the beginning and ending of said license.
(11)
If a vehicle or vehicles are to be used, a description of such
vehicles and license numbers.
(12)
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.
(13)
If the applicant is an individual, two photographs of the applicant
taken within 60 days immediately prior to the date of the application,
which photographs shall clearly show the head and shoulders of the
applicant and shall measure two inches by two inches, and a set of
fingerprints to be taken by the Township Police Department.
(14)
Two business or banking references located in the County of
Camden, State of New Jersey.
(15)
A statement to the effect that if a license is granted, it will
not be used or represented in any way as an endorsement by the Township
of Haddon or by any department or officer thereof.
(16)
A signed 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.
(17)
Such other information as may be reasonably required by the
Chief of Police in order for him to determine the kind and character
of the proposed solicitation and whether such solicitation is in the
interest of and not inimical to the public welfare.
(18)
Applicants shall maintain and produce proof of insurance coverage
in the minimum amounts of $100,000 per person for personal injuries,
$300,000 per occurrence for personal injuries and $50,000 for property
damage. The Township of Haddon shall be named as an additional insured
on all such insurance policies. The insurance coverages shall not
be terminated or canceled prior to the expiration date thereon unless
30 days' advance written notice is provided to the Township of Haddon.
B.
A temporary license may be issued for a period not to exceed 60 days
upon the written recommendation of the Chief of Police.
A.
The Chief of Police shall initiate criminal history record background
checks of present and prospective canvassers, peddlers, itinerant
venders or owners and employees of a door-to-door sales enterprise
as set forth in this article.
B.
No person shall be licensed as a canvasser, peddler, itinerant vender or owner or employee of a door-to-door sales enterprise unless the Chief of Police certifies that the person has no New Jersey criminal history record of a conviction for an offense enumerated in Subsection C(1) of this section.
C.
A person subject to Subsection B of this section whose criminal history record background check reveals a conviction for any of the following crimes and offenses shall be disqualified from receiving a license to conduct, canvass, peddle, itinerant vend or perform door-to-door sales:
(1)
If the conviction was in New Jersey, for a crime:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons' offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A.
2C:12-1 et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq.,
or N.J.S.A. 2C:15-1 et seq.; or
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons' offenses set forth in N.J.S.A. 2C:24-1
et seq. or N.J.S.A. 2C:25-17 et seq.; or
(c)
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes; or
D.
The Chief of Police is authorized to receive criminal history record
information from the State Bureau of Identification in the Division
of State Police and the Federal Bureau of Investigation consistent
with applicable state and federal laws, rules and regulations. The
applicant shall bear the cost, if any, for the criminal history record
background check, including all costs of administering and processing
the check.
E.
Consent required; notification of results.
(1)
A criminal history record background check shall not be initiated
pursuant to this article without the written consent of the person.
The consent required under this section shall be in the manner and
form prescribed by the Chief of Police and shall include, but not
be limited to, the signature, name, address and fingerprints of the
person.
(2)
The Township Solicitor shall promptly notify a person whose criminal
history record background check reveals a disqualifying criminal conviction
of the results of the background check. The person shall have 30 days
from the receipt of that notice to petition the Township Solicitor
for a review and cite reasons substantiating the review. If the person
successfully challenges the accuracy of the criminal history record
information indicating a criminal conviction or the person demonstrates
affirmatively to the governing body clear and convincing evidence
of rehabilitation, the Clerk may issue a certificate indicating that
the person has successfully cleared a background check. In determining
whether the rehabilitation of a person has been affirmatively demonstrated,
the governing body shall consider:
(a)
The nature and seriousness of the offense;
(b)
The circumstances under which the offense occurred;
(c)
The date of the offense;
(d)
The age of the person when the offense was committed;
(e)
Whether the offense was repeated;
(f)
Social conditions which may have contributed to the offense;
and
(g)
Any evidence of rehabilitation, including good conduct in the
community, counseling, psychological or psychiatric treatment, additional
academic or vocational training or personal recommendations.
(3)
In the case of a door-to-door sales enterprise, a copy of the notification required under Subsection E(2) of this section also shall be forwarded to the owner of the enterprise.
(4)
The Clerk shall not certify a person subject to the provisions of
this article who refuses to consent to, or cooperate in, the securing
of a criminal history record background check.
Upon the filing of the application, a fee in the amount provided by Chapter 111, Fees, shall be paid by the applicant to the Township Clerk for the use of the Township to defray the cost of investigating, photographing, fingerprinting, processing and issuing said permit. The fees payable hereunder shall not apply to applicants possessing licenses issued pursuant to N.J.S.A. 45:24-9 and 45:24-10.
When the aforesaid application is properly filled out and signed
by the applicant, and the license fee is paid, the Township Clerk
shall issue the license to the applicant, provided that the Board
of Health shall have theretofore issued a food handler's license,
if required. Such license shall contain the signature of the issuing
officer and shall show the name, address and photograph of the licensee,
the class of license issued, the kind of goods or services to be sold
thereunder, the date of issue, the length of time the license shall
be operative, and the license number and other identifying description
of any vehicle used in the peddling, soliciting or canvassing activity
licensed.
Before a license shall issue hereunder, the applicant shall
file with the Clerk an instrument, in writing, nominating and appointing
the Township Clerk his true and lawful agent with full power and authority
to acknowledge service or notice of process for and on behalf of the
applicant in respect to any civil matters connected with or arising
out of actions of the licensee in the municipality. Such instrument
shall also contain recitals to the effect that the applicant consents
and agrees that service of any notice or process may be made upon
such agent and, when so made, shall be as valid as if personally served
upon the applicant according to the laws of this or any other state,
and waiving all claim or right of error by reason of such acknowledgment
of service or manner of service. The Township Clerk shall, by certified
mail, forward such notice of process to the address shown on said
application.
Every holder of a license issued by the Township Clerk under
the authority of this article, or by the Clerk of the County of Camden
under the authority of N.J.S.A. 45:24-9, shall be required to carry
such license with him or her while engaged in the business or activity
licensed within the corporate limits of the Township of Haddon. He
or she shall produce such license at the request of any official of
said Township or of any resident of said Township with whom he or
she wishes to conduct his or her said business or activity. Every
such licensee shall restrict his or her activity within the Township
of Haddon to the hours between 10:00 a.m. and 5:00 p.m., prevailing
time, on Mondays through Fridays.
A.
No person regulated hereunder shall hawk, peddle or vend any goods,
wares or merchandise, including but not limited to food, ice cream
and soft drinks, within 1,000 feet of any store, establishment or
machine selling, vending or dispensing the same or substantially similar
goods, wares or merchandise.
B.
No person regulated hereunder nor a holder of a license under statutory authority (see § 177-33B and C) shall hawk, peddle or vend any goods, wares or merchandise, including but not limited to food, ice cream and soft drinks, upon any municipal park, pool or other place of recreational or cultural activity or upon any public street or right-of-way thereof adjacent to such municipal park, pool or place of recreational or cultural activity.
C.
No person shall shout, make any outcry, blow a horn, ring a bell
or use any sound device, including any loudspeaking radio or sound-amplifying
system, upon any of the streets, alleys, parks or other public places
of this municipality or upon any private premises, where sound of
sufficient volume is emitted or produced therefrom to be capable of
being plainly heard upon the streets, avenues, alleys, parks or other
public places for the purpose of attracting attention to any goods,
wares or merchandise which such licensee proposes to sell.
D.
No person shall have any exclusive right to any location in or upon
the public streets or rights-of-way thereof, nor shall any vested
or proscriptive rights arise from the continuous or other use of any
location, and no person shall be permitted to operate in any location
or area where his or her presence presents a public hazard, danger
or inconvenience, contributes to vehicular or pedestrian congestion,
or constitutes a public nuisance.
E.
No person regulated hereunder shall set up, maintain or permit the
use of any table, crate, sign, carton, rack or other device to increase
the selling or display capacity of the vending unit. No person regulated
hereunder shall stack or place the items offered for sale upon any
sidewalk, street or upon the ground. All materials, signs and/or items
offered for sale shall be located solely on the vending unit.
F.
No person regulated hereunder nor a holder of a license under statutory
authority shall remain in one location in excess of 1/2 hour.
The Township Clerk shall maintain a record of all licenses issued
under the provisions of this article and shall record therein all
convictions for violations of this article and other pertinent circumstances
and incidents reported by the Chief of Police.
A.
Licenses issued under the provisions of this article may be revoked
by the Chief of Police, in writing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for a license.
(2)
Fraud, misrepresentation or false statement by the licensee in the
course of conducting the business licensed.
(3)
Any violation of this article.
(4)
Conviction of any crime involving moral turpitude.
(5)
Conducting the business licensed in an unlawful manner or in such
a manner as to constitute a breach of the peace or a menace to the
health, safety or general welfare of the public.
Any person aggrieved by the denial of a license as provided for in § 177-37 of this article shall have the right of appeal to the Board of Commissioners. Such appeal shall be taken by filing with the Board of Commissioners, within 10 days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Board of Commissioners shall set a time and place for hearing on such appeal, and notify the aggrieved person thereof. The decision of the Board of Commissioners on such appeal shall be final and conclusive.
All licenses issued under the provisions of this article shall expire December 31 of the calendar year in which they are issued. Any such license may be renewed upon payment of the license fee as stated in § 177-36 and upon submission by the licensee of a new application in conformity with the requirements of § 177-34 of this article or, in lieu thereof, a sworn statement, in writing, setting forth all changes in the information contained in the application for the expired license which are necessary to bring said application completely up to date.
Any person violating any of the provisions of this article shall,
upon conviction thereof, be subject to a fine not to exceed $1,000.00
or to imprisonment not to exceed 90 days, or both. Each and every
day that a violation of the provisions of this article shall continue
after issuance of the initial summons or complaint shall be deemed
and considered a separate and specific violation of this article.
