[Adopted 8-4-1997 by Ord.
No. 97-2479 as Ch. 89 of the 1996 Township Code]
As used in this article, the following terms shall have the
meanings indicated:
A person who goes from place to place, house to house or
person to person selling or taking orders for or offering to sell
or take orders for goods, wares, merchandise or any article for future
delivery or for services to be performed in the future or for the
making, manufacturing or repairing of any article or thing whatsoever
for future delivery or for the solicitation of money for any purposes
whatsoever.
The purpose of this chapter is to prevent unfair competition,
dishonest business practices and fraudulent solicitation by the regulation
of canvassers and solicitors.
A.
It shall be unlawful for any canvasser or solicitor to sell or dispose
of or to offer to sell or dispose of any goods, wares, merchandise
or publications or to solicit money within the Township without first
applying for and securing a license as hereinafter provided.
B.
The following persons are exempt:
(1)
Any person soliciting for a recognized religious or charitable organization
or volunteer fire company or first aid squad; provided, however, that
the local chairman or other person in charge of solicitation for such
organizations in the Township shall apply for and obtain a license
in the manner hereinafter provided, and all persons engaged in such
solicitation shall carry identification cards signed by such local
chairman or person in charge. Nothing herein contained shall permit
any such person to engage in any business within these provisions
without having first applied for and obtained the prescribed license.
(2)
Children under the age of 17 engaged in the sale or delivery of newspapers
published in the State of New Jersey and qualified as legal newspapers
within the meaning of N.J.S.A. 35:1-1 et seq. are exempt from the
provisions of this chapter.
A.
Any person desiring a license shall file with the Police Department
an application containing the following information:
(1)
The applicant's name, home and business address and local address,
if any.
(2)
Place or places of residence of the applicant for the preceding three
years.
(3)
The physical description of the applicant, setting forth the applicant's
age, sex, height, weight, complexion, color of hair and eyes and any
other distinguishing physical characteristics.
(4)
The name, address and principal or registered office in this state,
if any, of the person, firm, organization or corporation for or through
whom or under whose auspices the applicant is authorized to conduct
such activity; or a statement that the applicant is engaged in such
activity solely in his own behalf, if such be the case.
(5)
A brief description of the type or types of articles or services
to be sold or furnished and the purpose or purposes for which money
is to be solicited.
(6)
A statement as to the approximate amount of money to be collected
by the applicant and whether or not the same is to be in full or partial
payment for articles to be sold or services to be rendered.
(7)
The length of time for which the license is desired.
(8)
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of municipal ordinance involving
moral turpitude and, if the applicant has been so convicted, the nature
of the offense or offenses and the penalty or penalties imposed therefor.
(9)
The license and registration number of the vehicle being used.
B.
To each application there shall be attached the following data:
(1)
If the applicant is not engaged in the proposed activity solely in
his own behalf, a letter of authorization from the person, firm, organization
or corporation for or through whom or under whose auspices the applicant
seeks a license to conduct such activity, together with sample copies
of the order or receipt form or forms to be used by him in connection
with such activity.
(2)
Three photographs of the applicant, which shall be approximately
two inches by two inches, showing the head and shoulders of the applicant
in a clear and distinguishing manner, taken within 60 days prior to
the filing of the application.
(3)
One set of fingerprints of each applicant.
C.
Applications for partnerships shall be signed by all of the partners,
with the foregoing provisions of this section answered in detail as
to each said partner. Applications of corporations shall have attached
thereto statements in accordance with the foregoing provisions of
this section relating to each and every employee, agent or servant
who shall engage in any of the activities authorized by this chapter,
which shall be signed by each such agent, servant or employee.
[Amended 8-4-1997 by Ord.
No. 97-2479]
An application fee as set forth in Chapter 240, Fees, is to be paid at the time of filing the application to cover the cost of investigation of the facts stated therein.
A.
Following the filing of the application, the Chief of Police shall
cause such investigation of the applicant's business responsibility
and moral character to be made as he deems necessary for the protection
of the public good.
B.
If, as a result of such investigation, the applicant's moral
character and business responsibility are found to be satisfactory,
the Chief of Police shall endorse his approval for a license to be
formally issued by the Police Department.
C.
If, as a result of such investigation, the applicant's moral
character or business responsibility is found to be unsatisfactory,
the Chief of Police shall endorse his disapproval or rejection and
the license shall not be issued.
D.
The applicant's moral character and business responsibility
shall be deemed unsatisfactory only where the investigation of the
Chief of Police discloses something tangible by the way of conviction
for a crime involving moral turpitude, prior violations of canvassing
ordinances, a determination of previous fraudulent acts or conduct,
a record of continual breaches of solicited contracts, concrete evidence
of bad character or false information contained in the application
for a license.
Licenses issued shall be consecutively numbered. The license
shall contain blank spaces for writing in the name of the licensee.
The license issued shall not authorize any person, except the
designated person named in said license, to engage in the business
thereunder. Said license shall not be transferable from the person
to whom issued to any other person.
Every person holding a license issued under this chapter shall
be required to carry the license with him while engaged in the business
licensed.
A.
Any nonprofit, religious, charitable, volunteer fire company or first
aid squad 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 exempted from the provisions hereof, provided that there
is filed a sworn application, in writing, with the Police Department
containing the following:
B.
The application shall be forwarded to the Police Department, who
shall, upon being satisfied that such person, organization or association
is bona fide, issue a special permit, without charge, for a specific
period.
Any license issued hereunder may be suspended by the Police
Department for any infraction or violation of the terms of the license
or of any Township ordinance, state or federal statute or falsification
in applying for a license. The suspension shall become effective immediately
and shall state that opportunity for a hearing will be given at a
time, within 16 days from date of notice, before the Police Department,
which, upon a finding of such a violation, may revoke the license,
and in event of failure of the licensee to appear, the license shall
automatically be revoked and canceled.
A.
Upon the expiration of any license issued under the provisions of
this chapter, the holder thereof shall surrender the same to the Police
Department within 24 hours. Upon notice of the cancellation or revocation
of any license issued under the provisions of this chapter, the holder
shall surrender the same to the Police Department within 24 hours
after notice of such cancellation.
B.
The holder shall have such license in his possession at all times
and shall exhibit the same at any time upon request by a Township
official, police officer of the Township or by any purchaser or prospective
purchaser.
C.
The holder shall not canvass or solicit orders for any articles from
pedestrian or vehicular traffic on or adjacent to any public street,
avenue or highway within the limits of the Township in such manner
as will interfere with the normal and usual use of such public street,
avenue or highway.
D.
The holder shall not enter in or upon any house, building or other
structure or any land or property, without the prior consent of the
owner or occupant thereof, where there is placed or posted on the
premises in a conspicuous position at or near the usual means of ingress
a sign or other form of notice stating or indicating that the owner
or occupant thereof forbids or otherwise does not desire persons engaged
in such or similar activity to enter upon the premises.
E.
The holder shall give a written receipt to the purchaser, which receipt
shall be signed by the holder and shall set forth a brief description
of the article ordered, the total purchase price thereof and the amount
of the payment, if any, received by the holder from the purchaser.
F.
In those areas within the Township that licensees may be permitted
to operate and conduct their business operations as provided herein,
no such licensee shall be permitted to solicit orders for the sale
of any wares, goods or merchandise subsequent to 8:00 p.m.
There shall be kept in the office of the Police Department the
necessary books for recording the time the application for license
is received, whether new or renewal, type of license, name of licensee,
regular number of blank form, when the application was approved by
the Chief of Police, the amount of fee received therefor and the date
when the license was issued.
This chapter shall not affect any person engaged in the delivery
of goods, wares, merchandise or other articles or things in the regular
course of business to the premises of persons ordering or entitled
to receive the same.
