[HISTORY: Adopted by the Board of Commissioners of the Borough
of Mount Ephraim 12-6-2012 by Ord.
No. 07-12. Amendments noted where applicable.]
It shall be unlawful for any peddler, hawker, vendor, canvasser
or transient merchant or person, as hereinafter defined, to engage
in such activity within the Borough of Mount Ephraim without first
obtaining a sales license therefor in accordance with the provisions
of this chapter.
When used in this chapter, the following terms shall have the
meanings indicated:
Includes the singular and plural and shall also mean and
include any person, firm, corporation or partnership.
A peddler, hawker, vendor, canvasser or solicitor and as
used herein shall include any person traveling by foot, wagon, motortruck,
motor vehicle or any type of conveyance, from place to place, house
to house or from street to street, carrying, conveying or transporting
goods, wares, merchandise or personal property of any nature or attempting
to take orders for the sale of magazines, goods, wares, merchandise
or personal property of any nature whatsoever, for future delivery
for services to be furnished or performed in the future and delivering
articles, whether he is collecting advanced payments for such sales
or not, and shall include any person who for himself or for another
person, firm, corporation or partnership hires, leases, uses or occupies
any building, structure, tent, hotel room, lodging house, apartment
or any other place within the Borough for the sole purpose of exhibiting
samples or taking orders for future delivery.
Applications shall contain the following information:
A.
Name and address of the applicant.
B.
A full and complete description of the applicant, including all identifying
characteristics such as scars, tattoos, amputations and the like,
and the applicant shall also supply two recent facial photographs
approximately 2 1/2 inches by 2 1/2 inches in size.
C.
Name and address of the firm or organization represented by the applicant,
together with credentials establishing his exact relationship with
the firm or organization.
D.
A brief description of the nature of the business and the goods to
be sold and, in the case of products of a farm or orchard, whether
produced or grown by the applicant.
E.
If a vehicle is to be used, the vehicle's registration, proof
of insurance, along with the operator's driver's license
shall be provided, so that they may be copied and filed.
F.
The names of at least two reliable property owners in Camden County
who will certify to the applicant's good character and business responsibility
as will enable an investigator to properly investigate such character
and business responsibility.
G.
A statement as to whether or not the applicant has ever been convicted
of any crime or violation of any municipal ordinance, other than traffic
regulations, and the nature of the offense.
A.
Upon receipt of such application, the Borough Clerk shall forward
a copy of each application to the Police Department for investigation,
which shall be performed within 15 days.
B.
If as a result of the investigation the character and business responsibility
of the applicant is found to be satisfactory, the Borough Clerk shall
be authorized to issue a sales license. Such license shall contain
the signature of the applicant and shall show the name, address, and
photograph of said licensee and the kinds of goods being sold. This
license shall be carried on the person at all times and shall be available
for examination.
C.
A badge will also be issued with numerals or other proper insignia
thereon, which badge shall be worn on the person in such a manner
as to be plainly visible and which shall be returned to the Police
Department at the end of each day and be reissued at the request of
the holder thereof.
D.
A permanent record of all licenses shall be kept by the Borough Clerk.
[Amended 9-7-2017 by Ord.
No. 10-17; 10-4-2018 by Ord. No. 10-18]
Every peddler, hawker, vendor, canvasser or solicitor once approved by the Borough Clerk shall pay a sum as set forth in Chapter 165, Article II, Fee Schedule, for approved period of no more than 60 days, plus an additional fee as set forth in Chapter 165, Article II, Fee Schedule, to cover the cost of the permit.
[Amended 10-4-2018 by Ord. No.
10-18]
A.
Each vehicle to be used shall display a license tag issued by the
Mount Ephraim Police Department bearing the words "Mt. Ephraim sales
license for period _____." The license tag shall be attached to the
vehicle used by the licensee, if any, and, if a motor vehicle, to
the right front door. All licenses issued to individuals must be exhibited
to any citizen requesting to see same.
B.
It shall be the duty of any police officer of the Borough of Mount
Ephraim to require any person peddling, soliciting, canvassing or
hawking and who is not known by such officer to be duly licensed,
to produce his or her peddler's license and/or to otherwise enforce
any of the provisions of this chapter against any person found to
be violating same.
No license issued under the provisions of this chapter shall
be used at any time by a person other than the one to whom it was
issued.
No licensee or any person on his behalf shall shout, cry out,
blow a horn, ring a bell or use any sound device, including any loud
speaking radio or sound amplifying system, upon any of the streets,
alleys, parks, or other public or private places in the Borough.
The equipment used or employed by such peddlers and vendors
of ice cream, foods, beverages, confections and other related commodities
shall be maintained in a clean and sanitary manner and be subject
to the inspection of the Board of Health.
Solicitations on any street and/or roadway in the Borough of
Mount Ephraim is strictly prohibited.
[Amended 10-4-2018 by Ord. No. 10-18]
No licensee or anyone on his behalf shall solicit in any manner
at any time other than on weekdays, including Saturdays, between the
hours of 9:00 a.m. and 9:00 p.m. No licensee hereunder shall solicit
in any form or manner on any Sunday at any time.
A.
This chapter shall not be construed to include the selling of any
article at wholesale to dealers in such articles or the delivery of
groceries, newspapers, or such other necessary and perishable articles
of food or merchandise of a type commonly delivered on a house-to-house
basis at intervals of less than one week.
B.
Any veteran or exempt fireman or volunteer fire department who holds a special license issued under the laws of the State of New Jersey shall be exempt from the fee required under § 299-5, but shall be required to comply with all other applicable sections of this chapter.
C.
Any nonprofit, religious, charitable, civic or veterans organizations, service clubs or volunteer fire or first aid company situated, organized or operating in the Borough of Mount Ephraim and desiring to solicit or have solicited in its name money, donations or financial assistance of any kind or desiring to sell or take orders for any merchandise, shall be exempt from the fee required under § 299-5, provided that there is filed a sworn application in writing with the Borough Clerk containing the following information:
D.
The application shall be forwarded to the Police Department which
shall, upon being satisfied that such person, organization or association
is bona fide, issue a special permit without charge for a specified
period.
A.
Licenses issued under this chapter may be revoked by the Police Department
after a written five-day notice for any of the following causes:
(1)
Misrepresentation or false statements contained in the application.
(2)
Misrepresentation or false statements made in the course of carrying
on activities regulated herein.
(3)
Conviction of any crime or misdemeanor involving moral turpitude.
(4)
Conducting the licensed business in an unlawful manner, in violation
of this chapter or in such a manner as to cause a breach of peace
or to constitute a menace to the health, safety or general welfare
of the public.
B.
All persons whose licenses have been revoked shall have the right
to appeal to the Board of Commissioners by submitting a request for
a hearing in writing to the Borough Clerk within 10 days after the
revocation. The Board of Commissioners shall, within 10 days after
receipt of said request, hold a hearing. At the conclusion of said
hearing, the Board of Commissioners shall affirm the revocation or
order the Police Department to set aside the revocation and reinstate
the license. The decision of the Board of Commissioners on such appeal
shall be final and conclusive.
[Amended 9-7-2017 by Ord. No.
10-17; 10-4-2018 by Ord. No. 10-18]
A.
The Police Clerk shall prepare a list of addresses of those premises
where the owner and/or occupant has notified the Police Clerk that
peddling, soliciting, canvassing, hawking and door-to-door sales enterprising
as set forth in this chapter are not permitted on the premises (hereinafter
referred to as the "Do Not Knock Registry"). Notification shall be
by completion of a form available at the Police Department office
during normal business hours.
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 Police Department office a sticker for display
at his/her/its premises indicating enlistment on the Do Not Knock
Registry.
C.
Owners and/or occupants who are placed on the Do Not Knock Registry
at their request, shall remain on the Do Not Knock Registry until
such time as they advise the Police Clerk in writing that they wish
to be removed from the list.
D.
The Police Clerk shall distribute the current Do Not Knock Registry
to a licensee under this chapter at the time of issuance of a license
to peddle, solicit, canvas, hawk or otherwise door-to-door sell pursuant
to the provisions of this chapter. The Do Not 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 Not Knock Registry.
[Added 10-4-2018 by Ord. No. 10-18]
Any person or company violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalty provisions contained in Chapter 305, Penalties.
