[1]
Editor's Note: The power of a municipality to enact ordinances
to license and regulate canvassers and solicitors pursuant to its
police powers was upheld in Moyant v. Paramus, 30 N.J. 528, 154 A.
2d (1959).
[Ord. No. 8-82,[1] § 1]
As used in this Article:
The duly appointed Chief of Police or such person as may
be in charge of the Police Department and acting as the Chief of Police
by resolution of the Borough Council in the absence, death or removal
of the regularly appointed Chief.
A person who, traveling by foot, wagon, motor vehicle or
any other type of conveyance, goes from place to place, from house
to house or from street to street and who takes or attempts to take
orders for the sale of goods, wares, merchandise or real or personal
property whatsoever for future or present delivery or for services
to be furnished or performed currently or in the future, whether or
not such individual has, carries or exposes for sale a sample of the
subject of such sale or whether or not he is collecting advance payments
on such sales or services. Such definition shall include anyone who
is distributing free samples of goods, wares, merchandise or personal
property or distributing other promotional materials to promote the
purchase of goods, wares, merchandise or personal or real property
at present or in the future or to purchase services whether now or
in the future. Such definition shall also include any person who goes
from house to house on foot or with a conveyance, carrying with him
goods, wares or merchandise for the purpose of selling and delivering
to customers. Such definitions shall also include any person engaging
in any of the above-mentioned activities from a stationary position
or from a stationary vehicle. Such definition shall also include any
person who, for himself or for another person, hires, leases, uses
or occupies any building, structure, tent, railroad box car, boat,
hotel room, lodging house, apartment, shop or any other place within
the Borough for the sole purpose of exhibiting samples and taking
orders for future delivery of personal property or taking orders for
future services. This definition shall not be construed to apply to
soliciting, canvassing, hawking, or peddling for the purpose of the
sale of personal property at wholesale to retailers of such articles.
Such definition shall not apply to children age thirteen (13) years
and under.
[1]
Editor's Note: This ordinance also repealed former Article
1, Solicitors and Canvassers, adopted as Ord. No. 3-82, as amended.
[Ord. No. 8-82, § 1]
No person shall engage in the business of solicitor, canvasser,
hawker or peddler without first obtaining a license or special permit
therefor as provided by this Article, nor shall any person hawk, vend
or peddle in the Borough any fish, fowl, vegetable, dry goods, groceries,
bakery products or any goods, wares or merchandise of any kind whatsoever
without obtaining a license as provided in this Article.
[Ord. No. 8-82, § 1]
(a)
Every individual who wishes to solicit, canvass, hawk or peddle shall
complete, sign and verify a written application, in duplicate, on
forms furnished by the Borough Clerk.
(b)
The application shall state:
(1)
Name and description of the applicant.
(2)
Permanent home address and full local address, if any, of the applicant.
(3)
Brief description of the nature of the business, and the goods to
be sold or services to be rendered.
(4)
If employed, the name and address of the applicant's employer,
together with credentials establishing the exact relationship.
(5)
Length of time for which the right to do business is desired.
(6)
Whether or not the applicant has been convicted of any crime or disorderly
persons offense or violation of any municipal ordinance involving
moral turpitude, and if so, the nature of the offense, the date of
the offense and the punishment or penalty assessed therefor.
(7)
If a vehicle is to be used, a description of the same, together with
the state registration number and other identification details.
(8)
Place where the goods or property proposed to be sold, or orders
taken for the sale thereof, are manufactured or produced, where such
goods or products are located at the time said application is filed
and the proposed method of delivery.
(9)
Names of at least two (2) reliable property owners of the County
of Morris, who will certify as to the applicant's good character
and business responsibility, or in lieu of the names of references,
such other available evidence as to the good character and business
responsibility of the applicant as will enable an investigator to
evaluate properly such character and business responsibility.
[Ord. No. 8-82, § 1]
(a)
In the case of a corporation or like entity, the application shall
be executed by a duly authorized agent thereof, and upon approval,
a license issued authorizing said corporation or like entity to engage
in the business of solicitor, canvasser, peddler or hawker, as defined
herein, through its said duly authorized agent subject to the provisions
hereof. If the authorized agent of the corporation or like entity
is a nonresident of the State of New Jersey, said agent must agree
to accept service of process for any litigation arising from the activities
of the corporation or its agents in the Borough.
(b)
Each individual who intends to solicit, canvass, hawk or peddle shall
complete an application as required by Section 8-3 and shall meet
the standards for licensing as set forth herein regardless of whether
he shall be acting on his own or on behalf of a corporation.
[Ord. No. 8-82, § 1]
Upon the filing of the application in duplicate, the Borough
Clerk shall forward the original thereof to the Chief of Police for
investigation. The Police Department shall complete the application
by taking the fingerprints of the individual applicants. The Chief
of Police shall cause to be made an investigation of the individual
applicant's moral character and business responsibility.
[Ord. No. 8-82, § 1]
(a)
If, as a result of the investigation, the moral character or business
responsibility of the applicant shall be found to be unsatisfactory
in the professional judgment of the Chief of Police, the Chief of
Police shall endorse on the original of the application his disapproval
and his reasons for such disapproval and shall return the original
application to the Borough Clerk. The Clerk shall thereupon notify
the applicant of the disapproval and that no license will be issued.
(b)
If, as a result of the investigation, the moral character and business
responsibility of the applicant are found to be satisfactory, the
Chief of Police shall endorse on the original application his approval
thereof and return the original application to the Borough Clerk.
[Ord. No. 8-82, § 1]
(a)
The Borough Clerk shall promptly notify the applicant of the approval
of his application as set forth in Section 8-6(b) and shall issue
the license upon payment of the prescribed fee.
(c)
The Borough Clerk shall send a copy of the license to the Police
Department to be kept on file there. The Borough Clerk shall keep
a permanent record of all licenses issued.
(d)
The Clerk shall report to the Borough Council the number of licenses
issued hereunder at least once a month.
[Ord. No. 8-82, § 1; No. 29-99, § 4]
(a)
A fee as set forth in the Fee Schedule of the Borough, Chapter 2, Section 2-46, of the Revised Ordinances, shall be paid by the applicant for each license issued for the calendar year January 1 to December 31, or any part thereof.
(b)
Said license shall be good only in the calendar year in which it
is issued.
[Ord. No. 8-82, § 1]
(a)
At the time of delivery of the license, the Borough Clerk shall also
issue a large orange badge which shall include a Polaroid photograph
sealed in the badge so as to make it tamperproof and which shall contain,
in letters and figures of a size easily discernible from a distance
of 10 feet:
(b)
Such badge shall, during the time such licensee is engaged in soliciting,
canvassing, peddling or hawking, be worn by him constantly, on the
front of his outer garment in such a way as to be conspicuous.
(c)
Any person licensed under this article, engaged in vending, hawking
or peddling in the streets and public places of the Borough, shall
at all times when so engaged carry with him his license and shall
exhibit it on demand to any citizen of the Borough.
(d)
The licensee shall make a deposit of ten dollars ($10.) to the Borough
Clerk upon the issuance of the badge. The badge and the license shall
be returned at the end of the term of the license or prior thereto,
and the deposit shall be refunded.
[Ord. No. 8-82, § 1]
(a)
A separate license must be obtained by a licensed solicitor, canvasser,
hawker or peddler for every agent or employee working for him.
(b)
The license issued shall not authorize any person, except the designated
person named in said license, to engage in business thereunder and
shall not be transferable from the person to whom issued to any other
person.
(c)
No license issued pursuant to the provisions hereof shall be used
at any time by any individual other than the one to whom it was issued.
(d)
The Borough Clerk shall issue with each license granted under the
authority of this article, when a cart, wagon or other vehicle is
to be used, duplicate metal plates bearing the words "Licensed Hawker,
Borough of Morris Plains," together with the number of the license
and the year for which it is issued, and all wagons, carts or other
vehicles used for the purpose of hawking, or peddling and vending
as aforesaid, shall have affixed on each side thereof one of the metal
plates above-mentioned and the name of the licensee in letters at
least three (3) inches in height written or painted clearly and distinctly
thereon. Every person licensed under the provisions of this article
shall be entitled to the use of one (1) cart, wagon or other vehicle
for each license taken out by him, and no more.
[Ord. No. 8-82, § 1]
(a)
Any nonprofit, religious, charitable, civic or veteran organizations,
service club or volunteer fire or first aid company desiring to solicit
or have solicited in its name, money, donations or financial assistance
of any kind or desiring to sell or distribute any item of literature
for which a fee is charged, or sell cookies, candles or other merchandise
as a means of raising money, shall be exempt from the provisions hereof,
provided that there is filed a sworn application in writing with the
Borough Clerk containing the following information:
(1)
Name and address of the organization.
(2)
Purpose for which the special permit is requested.
(3)
Names and addresses of the officers and directors of the organization.
(4)
Names and addresses of all representatives of the organization participating
in the solicitation.
(5)
Period during which the solicitation is to be carried on.
(b)
The application shall be forwarded to the Chief of Police who shall,
upon being satisfied that such person, organization or association
is bona fide, issue a special permit without charge for a specified
period.
[Ord. No. 8-82, § 1]
Any veteran who holds a special license issued under the laws
of the State of New Jersey shall be exempt from the fee but shall
be required to comply with all other sections of this article.
[Ord. No. 8-82, § 1]
No licensee nor any person in his behalf shall shout, cry out,
blow a horn, ring a bell or use any sound device including loud-speaking,
radio or sound-amplifying system upon any of the streets, alleys,
parks or other public or private places in the Borough.
[Ord. No. 8-82, § 1]
All soliciting, canvassing, hawking or peddling shall be permitted
only between the hours of 10:00 a.m. and sunset Monday through Saturday.
Such activity shall not be permitted on Sundays or holidays.
[Ord. No. 8-82, § 1]
This Article shall not be construed to include the selling of
any article at wholesale to dealers in such articles or the delivery
of milk, eggs, bread, newspapers or such other necessary and perishable
articles of food or merchandise of a type commonly delivered on a
house-to-house basis at regular intervals.
[Ord. No. 8-82, § 1]
Licenses and special permits issued pursuant to the provisions
of this article may be revoked by the Chief of Police after a written
five-day notice for any of the following causes:
(a)
Misrepresentation or false statement contained in the application.
(b)
Misrepresentation or false statement made in the course of carrying
on activities regulated herein.
(c)
Conviction of any crime or disorderly persons offense or violation
of any municipal ordinance involving moral turpitude.
(d)
Conducting the license business in an unlawful manner or in violation
of this Article or in such a manner as to cause a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
[Ord. No. 8-82, § 1]
(a)
Any person who has been refused a license or special permit hereunder,
or whose license or special permit has been revoked, may have the
right of appeal to the Mayor and Council by requesting a hearing in
writing addressed to the Borough Clerk within ten (10) days of the
refusal or revocation. Such request shall include an address at which
all notices required may be mailed.
(b)
The Borough Clerk shall immediately notify the Mayor and Council
of the receipt of said request and within ten (10) days of such notification
the Borough Council shall hold a hearing. The notification of the
Mayor and Council may contain a call for a special meeting for the
purpose of the hearing. The person requesting the hearing and the
Chief of Police shall be notified in writing of the date, time and
place of hearing at least five (5) days before the hearing. A letter
addressed to the person requesting the hearing and mailed at least
five (5) days prior to the hearing shall be sufficient to satisfy
the requirement of notice.
(c)
At the conclusion of the hearing, the Borough Council shall affirm
the refusal or revocation or shall order the execution and issuance
of the license or special permit or the reinstatement of the same.
The Borough Council's decision will be based on its determination
of whether the refusal or revocation was arbitrary, capricious or
unreasonable.
[Ord. No. 8-82, § 1]
The provisions of Section 1-9 of these Revised Ordinances shall
be applicable to this article.
