As used in this article, the following terms shall have the
meanings indicated:
See "solicitor."
Any natural person.
[Amended 2-26-2015 by Ord. No. 6-2015]
All goods, wares, food, drinks, fruits, vegetables, magazines, subscriptions, periodicals, printed material, farm products, and all types of articles of personal property, services and orders for contracts for services, home improvements or alterations, and anything that may be sold or distributed with the exception of any item(s) listed in § 207-1 or 207-2 of the Somers Point Municipal Code.
Any nonprofit charitable, religious, fraternal, social, civic
or veteran organization, service club, or other organization qualified
under Section 501(c)(3) of the Internal Revenue Code;
Any volunteer fire company serving the City of Somers Point;
or
Any nonprofit organization [whether or not qualified under Section
501(c)(3) of the Internal Revenue Code] located in the City of Somers
Point or serving the students residing within Somers Point, the primary
purpose of which is to benefit the school-age children of Somers Point,
including, but not limited to, schools, school clubs and organizations,
Cub Scouts, Boy Scouts, Brownies, Girl Scouts, and similar youth groups.
Any person, whether a resident of the City or not, who goes
from house to house or place to place, by any means of conveyance,
carrying or transporting merchandise for the purpose of selling and
delivering the merchandise to customers. The term "peddler" shall
include the words "hawker," "huckster" and "vendor" and shall also
include a person who from time to time offers merchandise for sale
from one or more fixed locations out of doors, when the merchandise
is displayed or stored in a motor vehicle located on the property,
whether the property is owned by that person or by others.
Includes any natural person, firm, partnership, corporation,
organization, club, or association or any principal or agent thereof.
An individual who goes from house to house or from place
to place, by any means of conveyance, soliciting or attempting to
take orders for the sale of merchandise or services of any kind for
future performance or delivery, whether or not such individual has,
carries or exposes for sale a sample of the merchandise or services,
and whether or not he is collecting advance payments on such sales
or orders, or who engages in any of the foregoing activities from
a stationary location on any street or any public place. The word
"solicitor" shall also mean any individual who goes from house to
house or from place to place for the purpose of obtaining contributions
or subscriptions, or who does research analyses, makes surveys or
opinion polls, obtains rating data or similar information, distributes
advertisements or handbills of a commercial or partially commercial
nature, or who engages in any similar work which involves a door-to-door
or place-to-place activity. The word "solicitor" shall also include
the word "canvasser."
See "peddler."
Unless otherwise exempt under § 202-22 of this article, it shall be unlawful for any commercial canvasser, peddler, solicitor, or vendor to sell, offer for sale or distribute merchandise, printed material or services within the City without first obtaining a license by filing an application for such license with the City Clerk, paying the license fee and obtaining said license from the Somers Point Police Department, and any such other approvals as may be required as a condition for the issuance of such license.
Upon obtaining a license as hereinafter provided, a commercial
canvasser, peddler, solicitor or vendor may conduct his activities
within the City of Somers Point only as long as he adheres to the
regulations set forth in this chapter. The license, which shall be
issued by the Somers Point Police Department, shall include a photograph
of each such individual to whom a license has been issued, who shall
carry the license upon his person where it can be readily seen at
all times during the activity being conducted or, if conducting the
operation at a fixed location, shall display the license in a conspicuous
place at all times during the conduct of such activities. The license
shall identify the person and type of activity for which he is licensed
and shall be presented to any City official or police officer or any
other individual upon request.
An application for a license shall be made upon forms provided
by the office of the City Clerk, which shall be sworn to by the applicant
and filed with the City Clerk, which shall contain or be accompanied
by the following information:
A.
For commercial canvassers, solicitors, peddlers and vendors:
(1)
Name, age, physical description and social security number of the
applicant.
(2)
Complete permanent home and local address of the applicant, together
with telephone numbers.
(3)
Name and address of the organization or persons for whom canvassing
or soliciting is being made, together with telephone numbers.
(4)
Description of the nature of the business or activity and the goods,
services or wares to be sold.
(5)
Three recent photographs of the applicant (and each person who shall
be engaged in the activity), which shall be approximately 2 1/2
by 2 1/2 inches in size and showing the head and shoulders of
the applicant in a clear and distinguishable manner.
(6)
The days and dates upon which canvassing, peddling, soliciting or
vending is to take place.
(7)
The route(s) to be taken.
(8)
A statement as to whether or not the applicant has been convicted
of a crime of the fourth degree or higher, a disorderly persons'
offense, a petty disorderly persons' offense, or a moving motor
vehicle offense which resulted in damage or injury to person(s) or
property, and if so, the details thereof.
(9)
The make, model, year, color and license plate number of such vehicle
used by the applicant during the period of canvassing or soliciting
within the City and the number of the applicant's driver's
license and the state in which it is issued.
(10)
The name and address of the insurance carrier and insurance
policy number with respect to such vehicle or vehicles and a copy
of the current certificate of insurance card issued by an insurance
carrier licensed to do business in the State of New Jersey and evidencing
proof of general liability insurance, automobile liability insurance
for each vehicle to be used, and statutory workers' compensation
if there are employees.
(11)
A list of municipalities where the applicant has, within the
preceding three years, engaged in the activities of canvassing, peddling
or soliciting, whether or not a permit was applied for or received
in connection therewith.
(12)
A statement as to whether or not the applicant has been denied
a canvassing, peddling or soliciting permit and whether such permit
or license has ever been revoked or suspended, and, if so, the details
of the revocation or suspension.
(13)
If the applicant is not an individual, the state in which it
is registered or incorporated, the name and address of the registered
agent within the State of New Jersey and the federal employer identification
number (FEIN).
(14)
If the person applying is unable to provide any of the foregoing
information, an explanation shall be provided of the reasons why such
information is unavailable.
(15)
Applications of corporations, partnerships or other entities shall have attached to their applications individual statements containing all of the information required by this § 202-16 for each employee or agent who shall engage in the licensed activity; said statements shall be signed and sworn to by each employee or agent and shall be treated, for investigation purposes, as separate applications to engage in a licensed activity. Applications by partnerships, corporations or other entities shall be signed by an authorized representative of the corporation, partnership or entity.
(16)
All applicants engaged in the sale or distribution of merchandise
shall submit the original or a certified copy of a valid certificate
of authority issued by the Director of the New Jersey Division of
Taxation, pursuant to N.J.S.A. 54:32B-15, empowering the vendor to
collect sales tax. Certificates shall not be required for the sale
of property exempted from sales and use taxation pursuant to N.J.S.A.
54:32B-8.2. Every applicant who held a license issued under this article
during the year preceding the application shall present proof of payment
of New Jersey sales tax required pursuant to N.J.S.A. 54:32B-1 et
seq. All vendors shall attach the original certificate to their cart,
stand, truck, or other merchandising device, as required by N.J.S.A.
54:32B-15.
(17)
Each applicant for a license under this § 202-16 shall present proof that he or she is a citizen of the United States or a person satisfying all requirements of the Immigration and Naturalization Laws, or other applicable law, for holding gainful employment in the United States.
(18)
All applicants selling food items shall submit a copy of the
Atlantic County Board of Health license, which shall be kept displayed
to the public.
(19)
All applicants selling food items shall also submit a certificate of insurance demonstrating coverage with minimum amounts of $100,000 per person personal injury; $300,000 per occurrence; and $25,000 property damage [which shall be in addition to any insurance required for operation of a motor vehicle as required by § 202-16A(10)] and in which the City of Somers Point shall be named as an additional insured through an endorsement to the policy of insurance and identified as such on the certificate of insurance, which shall provide for not less than 30 days' written notice to the City of Somers Point Clerk of cancellation or termination.
(20)
Each applicant shall be responsible to maintain a current certificate
of insurance during the term of the license and provide same to the
City Clerk.
(21)
A completed New Jersey State Bureau of Identification form authorizing
release of any criminal history record information (known commonly
as a "yellow sheet"), accompanied by a money order in the amount specified
by the City Clerk to process each such yellow sheet, payable as directed.
(22)
If a cart, wagon, or other vehicle is to be used in offering
for sale, soliciting, canvassing, or vending upon a sidewalk:
(a)
The written consent of the abutting owner shall be filed with
the license application, setting forth any conditions imposed by the
property owner; and
(b)
A certificate of insurance demonstrating coverage with minimum amounts of $1,000,000 per person personal injury; $1,000,000 per occurrence; and $1,000,000 property damage [which shall be in addition to any insurance required for operation of a motor vehicle as required by § 202-16A(10)], and in which the City of Somers Point shall be named as an additional insured through an endorsement to the policy of insurance and identified as such on the certificate of insurance, which shall provide for not less than 30 days' written notice to the City of Somers Point Clerk of cancellation or termination.
A.
Unless it is an exempt organization described in § 202-22 of this article, each application shall be accompanied by an application fee of $80 for each individual commercial canvasser, solicitor or peddler, to compensate Somers Point for the cost of administering this article, and such fees will not be refunded if a license is not issued. No cash will be accepted. A certified check or money order shall be made payable to "the City of Somers Point."
B.
No license issued under this article shall be used at any time by
any person other than the person to whom it was issued.
C.
Where an organization has several agents peddling, soliciting, distributing
merchandise or printed material or services, or canvassing, each such
agent shall be identified within the license application, shall complete
the application, shall pay the applicable application fee and shall
be issued a separate license, if approved.
D.
Each person who shall be approved to receive a license shall receive
from the City of Somers Point a check in the amount of $30, which
shall be mailed to the applicant in due course following the return
of the license to the Police Department upon or prior to expiration.
In the event the license is not returned prior to or within two business
days following expiration of the license, the applicant shall forfeit
any and all right to this refund.
E.
The fee for issuance of a duplicate license to replace a lost license
or for an amended license shall be $25.
A.
Following the filing of a complete application, payment of the license fee and payment of the yellow sheet processing fee to the City Clerk, as set forth in § 202-17, the Clerk shall forward the application to the Chief of Police or his designee, who shall, within 30 days, make such investigation, within the limits of the resources available to the Department, which will include a review of the application content, requesting the yellow sheet from the New Jersey State Police, and which may include background checks of the business responsibility and character of the applicant or any employee or agent who shall engage in the licensed activity, for the protection of the public good.
B.
If, as a result of such investigation, the character or business
responsibility of the applicant or any employee or agent who shall
engage in the licensed activity is found to be unsatisfactory, the
Chief of Police shall endorse on such application his disapproval
and the reasons therefor and return the application to the City Clerk.
If the applicant or any employee or agent who shall engage in the
licensed activity is found unsatisfactory by the Chief of Police or
his designee, and he endorses his disapproval upon the application,
the City Clerk shall notify the applicant by mail that the application
is disapproved and shall deny issuance of the license. Such notice
shall be mailed within five business days following receipt of the
endorsement of disapproval from the Chief of Police. The Chief of
Police or his designee may disapprove an application if such disapproval
is based on one or more of the following findings with respect to
the applicant:
(1)
Conviction of a crime of the fourth degree or higher, a disorderly
persons' offense, a petty disorderly persons' offense, or
a moving motor vehicle offense which resulted in damage or injury
to person(s) or property.
(2)
Prior violation of a peddling, soliciting or transient merchant ordinance.
(3)
Previous fraudulent acts or conduct, or convictions of disorderly
persons' offenses.
(4)
Record of breach(es) of solicitation contracts.
(5)
Fraud, misrepresentation or false statements contained in the application
for a license.
(6)
Incomplete application.
C.
In the absence of such findings, the Chief of Police shall find the
applicant satisfactory and shall endorse his approval on the application,
return the approved application to the City Clerk, and the Chief of
Police or his designee within the Police Department shall issue the
license(s) to the approved applicant(s).
D.
The Somers Point City Council reserves the right to adopt such additional
rules and regulations governing the investigation by the Police Department
in the issuance of licenses pursuant to this article and the keeping
of records thereof as the governing body may, from time to time, deem
necessary for the proper enforcement of this article.
A.
If the application is found to be satisfactory by the Chief of Police,
the City Clerk shall notify the applicant(s) in writing within five
business days from receipt of the approval by the Chief of Police,
addressed to the applicant.
B.
The license shall expire December 31 of the calendar year in which
it is issued unless, by its terms, it expires prior to that time and
shall be limited to the express purpose set forth therein. No fee
shall be prorated.
A.
Licenses may be revoked by the Chief of Police, or his designee,
for any of the following causes:
(1)
Fraud, misrepresentation or false statements contained in the application
for a license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying out activities pursuant to the license.
(3)
Violation of any provision of this article.
(4)
Conviction of a crime of the fourth degree or higher, a disorderly
persons' offense, a petty disorderly persons' offense, or
a moving motor vehicle offense resulting in damage or injury to person(s)
or property.
(5)
Conduct of the business of canvassing, peddling, soliciting or vending
in an unlawful manner or in such a manner as to constitute a breach
of the peace or constitute a menace or disturbance to the residents
of the City.
B.
Notice of revocation shall be communicated to the licensee in person
or mailed, postage prepaid, to the licensee's address as given
by the licensee in making the application; and thereafter it shall
be unlawful for him or any of his employees or agents to canvass or
solicit or to sell, offer for sale or distribute merchandise or services
in the City.
C.
If a hearing is requested in writing by a licensee, the licensee
must request the hearing, in writing, within five business days following
the date of notice of license revocation, and addressed to the Somers
Point Chief of Police. Failure to submit the request for hearing within
the prescribed time shall be deemed a waiver of the right to such
a hearing.
D.
It properly requested, the licensee shall be provided with a notice
of the hearing to be held before the Chief of Police or his designee.
The notice shall be in writing, setting forth the grounds of the revocation
and the time and place of the hearing. The notice shall be served
personally upon the licensee or mailed, postage prepaid, to the licensee's
address as given by the licensee in making the application, at least
five business days prior to the date set for the hearing, and shall
be sent not more than 10 business days after receipt by the Chief
of Police or his designee of the licensee's written request for
a hearing.
A.
Any person aggrieved by the action of the Chief of Police in the denial of an application for a license, or in the decision with reference to revocation of a license, shall have the right to appeal to the Somers Point City Council. The City Council shall not hear any appeal unless the applicant has first made appeal to the Chief of Police as required by § 202-20 of this article.
B.
Such appeal shall be taken by filing, within 14 calendar days after
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 a hearing on such appeal. The written notice of appeal shall be
addressed to the Somers Point City Clerk.
C.
The governing body shall set a time and place for hearing the appeal,
and a written notice of the hearing shall be given to the applicant.
The decision rendered by the City Council by a majority of the members
voting thereon shall be final and conclusive.
A.
The following shall be exempt from the license application and fee
payment:
(1)
Any person engaged in the delivery or solicitation of subscriptions
for a print media organization; provided, however, that said person
shall display an identification badge (subject to approval by the
Police Department) provided by the print media and an information
sheet shall be filed with the Police Department and City Clerk containing:
(2)
Any person who is an exempt fireman of a volunteer fire company,
as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing corresponding
identification and who possesses a license in conformity with said
statute, is a resident of New Jersey, and possesses an exemption certificate;
but who shall notify the City Clerk and the Somers Point Chief of
Police when solicitation or peddling is to take place. No such activity
shall be conducted on any public beach or boardwalk.
(3)
Any person honorably discharged from military service of the United
States who is a resident of New Jersey and who possesses a peddler's
license issued in conformity with N.J.S.A. 45:24-9; but who shall
notify the City Clerk and the Somers Point Chief of Police when solicitation
or peddling is to take place. No such activity shall be conducted
on any public beach or boardwalk.
(4)
Any public utility, or its employees, which is subject to the regulation
of the State Board of Public Utility Commissioners; provided, however,
that such employee shall display the identification badge or card
issued by the employer.
(5)
Federal census-taking and surveys taken pursuant to federal, state
or local laws.
(6)
Any person engaged in the delivery, in the regular course of business,
of goods, wares, merchandise, or other articles of personal property
to the premises of persons ordering or otherwise entitled to receive
same by reason of a prior agreement other than through canvassing,
soliciting, peddling, or vending within the City of Somers Point.
A.
B.
All such commercial canvassers, peddlers, solicitors and vendors
are encouraged to wear articles of reflective clothing and/or to carry
flashlights if engaged in soliciting after daylight hours.
