[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerdale as Ch. 82 of the 1973 Code. Amendments noted where applicable.]
For the purpose of this chapter, the terms used herein are defined
as follows:
All goods, wares, food, fruit, 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 chapter.
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 the feminine 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.
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 is collecting advance payments on such sales. The
word "solicitor" shall include the word "canvasser"; provided, however,
that this definition shall not include wholesalers, or their agents,
calling on retail merchants.
The purpose of this chapter is to prevent fraud, crime and unethical
and dishonest business practices. The fees to be charged for the issuance
of licenses are not to be considered as revenue but are charged for
the purpose of covering the expense of investigation and regulating
the conduct of the licensee.
Except as otherwise provided in § 192-4 hereof, it shall be unlawful for any solicitor, 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 within the corporate limits of the Borough of Somerdale without first obtaining a license therefore in compliance with the provisions of this chapter. 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 solicitor, hawker or peddler for every agent or employee working for him.
[Amended 9-8-1993 by Ord. No. 93:12]
The requirements of § 192-3 shall not apply to the following:
A.
Any charitable or religious society that shall conduct sales of personal
property when the proceeds thereof shall be applied to the payment
of the expenses thereof and to the charitable or religious object
for which the society exists.
B.
Any person honorably discharged from the military service of the
United States possessing a peddler's license issued in conformity
with N.J.S.A. 45:24-9 and 45:24-10.
C.
Any person who is an exempt fireman of a volunteer fire department,
as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing a license
in conformity with said law.
D.
Any public utility or its employees, which public utility is subject
to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employees shall display the identification
badge or card issued by their employer.
E.
Any person selling fruits and farm produce grown by himself, with
or without the help of others.
F.
Any person 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.
G.
Any school, political or civic organization, benevolent society,
service club or organization not for profit which is located in or
has a substantial membership from the Borough of Somerdale.
H.
Any organization not engaged in commercial activities, but rather
which is involved strictly in canvassing for political, religious,
charitable or other similar types of causes non-economic in nature.
Except applicant for a license under this chapter shall file
with the Borough Clerk a sworn written application, in duplicate,
on a form to be furnished by said Clerk, which shall give the following
information:
A.
The name and description of the applicant.
B.
The permanent home address and full local address of the applicant.
C.
A brief statement of the nature of the business and a description
of the merchandise or service to be sold.
D.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
E.
The length of time for which the license is desired.
F.
If a vehicle is to be used, a description of such vehicle and its
license number.
G.
The place where the goods or property to be sold or offered for sale
is manufactured or produced, where such goods or property is located
at the time such application is filed and the proposed method of delivery.
H.
A photograph 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 by two
inches.
I.
Two business references located in the County of Camden, State of
New Jersey, or, in lieu thereof, such other available evidence of
the character and business responsibility of the applicant as will
enable an investigator to properly evaluate such character and responsibility.
J.
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 assessed therefor.
K.
The fingerprints of the applicant, if the application is for the
purposes of business peddling or soliciting.
[Amended 9-12-1990 by Ord. No. 90:09]
[Amended 9-12-1990 by Ord. No. 90:09]
At the time the application is filed, a fee as set forth in
the current. Fee Ordinance shall be paid to the Borough Clerk to cover
the cost of processing the application and investigating the facts
stated therein.
[Amended 9-12-1990 by Ord. No. 90:09]
When the aforesaid application is properly filled out and signed
by the applicant and the original and duplicate thereof are filed
with the Borough Clerk, the Clerk shall refer the original to the
Police Director, who shall make or cause to be made such investigation
of the applicant's business responsibility and moral character as
he deems necessary for protection of the public good.
A.
If, as a result of such an investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Police
Director shall endorse on such application his disapproval and his
reasons therefor and return said application to the Borough Clerk,
who shall notify the applicant that the application is disapproved
and that no license shall be issued.
B.
If, as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Police Director shall endorse on the application his approval, execute
a license addressed to the applicant to conduct the business applied
for and return said license, with the application, to the Borough
Clerk, who shall issue the license to the applicant. 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 the 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 or soliciting activity licensed.
C.
The Borough Clerk shall issue to each licensee, at the time of delivery
of his license, a badge which shall show the nature of the license
in letters and figures easily discernible from a distance of 10 feet.
Such badge shall, during the time such licensee is engaged in peddling
or soliciting, be worn constantly by the licensee on the front of
his outer garment in such a way as to be visible to a person facing
him.
D.
All licensees using automobiles or other vehicles in connection with
their business shall have affixed thereon a metal plate supplied by
the Borough Clerk. Said metal plate shall bear the words "licensed
peddler," "licensed hawker," "licensed solicitor" or "licensed canvasser,"
together with a number and the year for which it is issued.
[Amended 9-12-1990 by Ord. No. 90:09]
Every holder of a peddler's or solicitor's license issued by
the Borough Clerk under the authority of this chapter or by the Clerk
of the County of Camden under the authority of N.J.S.A. 45:24-10 shall
be required to carry such license with him while engaged in the business
or activity licensed within the corporate limits of the Borough of
Somerdale. He shall produce such license at the request of any official
of said Borough or of any resident of said Borough with whom he wishes
to conduct his said business or activity. Every such licensee shall
notify the police officer on duty at least once in every week in which
he plans to conduct said activity and before commencing his selling
or soliciting activity. Such notification shall include a statement
of the general area of the Borough of Somerdale in which the licensee
intends to conduct said activity and a schedule of dates and times
when said activity shall be conducted. The licensee shall notify the
police officer on duty of any change in area or time of solicitation
should such changes be made during the week.
No peddler or solicitor shall call attention to his business
or to his merchandise by crying out, blowing a horn, ringing a bell,
other than the doorbell of a building, or by any other loud or unusual
noise. No peddler or solicitor shall conduct or attempt to conduct
his business at any residence or on any property on which is posted
a sign expressly prohibiting such activity.
It shall be the duty of any police officer of the Borough of
Somerdale to enforce the provisions of this chapter and to require
any person seen peddling or soliciting who is not known by such officer
to be duly licensed to produce his peddler's or solicitor's license.
[Amended 9-12-1990 by Ord. No. 90:09]
The Borough Clerk shall maintain a record of all licenses issued
under the provisions of this chapter and shall record therein all
convictions for violations of this chapter and other pertinent circumstances
and incidents reported by the Police Director.
A.
Licenses issued under the provisions of this chapter may be revoked
by the Mayor and Council, after notice and hearing, for any of the
following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Fraud, misrepresentation or false statement by the licensee in the
course of conducting the business licensed.
(3)
Any violation of this chapter.
(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.
B.
Notice of hearing for revocation of a license shall be given in writing.
Such notice shall set forth the specific grounds of complaint and
the time and place of the hearing and shall be sent by registered
mail to the licensee at his last known address at least five days
prior to the date set for the hearing.
[Amended 9-12-1990 by Ord. No. 90:09]
Any person aggrieved by the action of the Police Director or of the Borough Clerk in the denial of a license, as provided in § 192-7 of this chapter, shall have the right of appeal to the Mayor and Council. Such appeal shall be taken by filing with the Mayor and Council, within 14 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 Mayor and Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 192-12 of this chapter for notice of a hearing on the revocation of licenses. The decision of the Mayor and Council on such appeal shall be final and conclusive.
All licenses issued under the provisions of this chapter shall expire December 31 of the calendar year in which they are issued. Any such license may be renewed, without payment of an additional registration fee, upon submission by the licensee of a new application in conformity with the requirements of § 192-5 of this chapter or, in lieu thereof, a sworn statement 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. Such new application or statement in lieu thereof shall be subject to the provisions and standards set forth in § 192-5 of this chapter.
[Added 9-8-1993 by Ord. No. 93:12]
Any person or organization exempted pursuant to the provisions of § 192-4 shall nevertheless, prior to any such canvassing or soliciting, register with the Somerdale Police Department, providing to the Department information regarding the names, addresses and social security numbers of all individuals involved in canvassing or soliciting within the Borough of Somerdale, the names and addresses of any organization sponsoring said individuals, the length of time said individuals will be canvassing within the Borough of Somerdale and a description of any motor vehicles being used to transport said individuals within the Borough of Somerdale.
[Added 9-8-1993 by Ord. No. 93:12]
Any resident, owner or tenant of private property situated within the Borough of Somerdale may post a "No Solicitation" sign upon his or her premises. It shall be a violation of this chapter for any canvasser, peddler or solicitor, whether duly licensed under this chapter or not, or whether exempted under § 192-4 or not, to purposely ignore said "No Solicitation" posting by attempting to call upon, canvass, solicit or otherwise disturb said resident, owner or tenant of such posted private property for any purpose whatsoever.
A.
Any person who violates any provision of this chapter shall, upon
conviction thereof, be subject to any combination of the following:
[Amended 9-12-1990 by Ord. No. 90:09]
[Added 1-27-2020 by Ord. No. 2019:10]
A.
The Borough Clerk shall prepare a list of addresses of those premises
where the owner has notified the Municipal clerk that peddling, soliciting,
canvassing, hawking and door-to-door sales enterprising as set forth
in this chapter are not permitted on the premises (hereafter referred
to as the "Do Not Knock Registry"). Notification shall be by completion
of a form available at the Borough Hall during normal business hours
(Monday through Thursday 8:00 a.m. to 5:00 p.m.) or on the Borough's
website.
B.
Any owner and/or occupant who has requested enlistment on the Do
Not Knock Registry, pursuant to this chapter herein, shall be able
to obtain from the Borough Hall a sticker for display at his/hers/its
premises indicating enlistment on the Do No Knock Registry.
C.
Owners and/or occupants who are placed on the Do No Knock Registry
at their request, shall remain on the Do No Knock Registry until such
time as they advise the Borough Clerk in writing that they wish to
be removed from the list.
D.
The Borough Clerk shall distribute the current Do No Knock Registry to a license under this chapter at the time of issuance of a license to peddle, solicit, hawk or otherwise door-to-door sell pursuant to the provisions in this chapter. The Do No Knock Registry provided to licensees shall only include the physical address of the enlisted premises. The licensee shall not peddle, solicit, canvas, hawk or conduct door-to-door sales at any premises identified on the then current Do No Knock Registry, and any person who is convicted of doing so shall be subject to the penalties as set forth in § 192-15.
