As used in this chapter, the following terms shall have the
meanings indicated:
MERCHANDISE
Includes all goods, wares, food, fruit, vegetables, farm
products, magazines and periodicals, and all kinds of articles of
personal property for domestic use and orders or contracts for services,
home improvements or alterations.
NONPROFIT ORGANIZATION
A.
Any organization tax-exempt under § 501(c)(3) of the
Internal Revenue Code;
B.
Any organization created under or otherwise subject to the provisions
of Title 15A of the New Jersey Statutes;
C.
Any organization, whether or not qualified under § 501(c)(3)
of the Internal Revenue Code or subject to the provisions of Title
15A of the New Jersey Statutes, whose primary purpose is to benefit
the school age children of the Township, including, but not limited
to schools, school clubs and organizations, Cub Scouts, Boy Scouts,
Brownies, Girl Scouts and similar youth groups;
D.
Any organization whose primary purpose is to advocate for religious
or political causes, whether or not qualified under § 501(c)(3)
of the Internal Revenue Code or subject to Title 15A of the New Jersey
Statutes; or
E.
Any department within the Township's municipal governmental
structure, including, but not limited to, the Police Department and
any volunteer fire or first aid company that is located in, has a
substantial membership from or serves the Township.
PEDDLER
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. This definition shall not include integrated and
commercial roadside stands.
SOLICITOR
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.
Except as otherwise provided in this chapter, it shall be unlawful
for any solicitor 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 Township, without first obtaining a license in compliance with
the provisions of this chapter. The license shall not be transferable
from the person to whom issued to any other person. A separate license
shall be obtained by a licensed solicitor or peddler for every agent
or employee working for him/her.
Every applicant for a license under this chapter shall file
with the Township Clerk a sworn written application, in duplicate,
on a form to be furnished by the Clerk, which shall give the following
information:
A. Name and description of the applicant.
B. 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 the vehicle, its license
plate number, its VIN, a four-inch-by-six-inch photograph of the vehicle,
a copy of the registration for the vehicle that is valid for the entire
period for which the peddler and solicitor's license is issued,
and proof of automobile insurance that is valid for the entire period
for which the peddler and solicitor's license is issued.
G. A driver's license or other government issued identification
that is valid for the entire period for which the peddler and solicitor's
license is issued.
H. The place where the goods or property to be sold or offered for sale
are manufactured or produced, where the goods or property are located
at the time such application is filed, and the proposed method of
delivery.
I. A photograph of the applicant taken within 60 days immediately prior
to the date of application, which photograph clearly shows the head
and shoulders of the applicant and measures two inches by two inches.
J. The fingerprints of the applicant.
K. Two business references located in the County of Hunterdon, 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 his character and responsibility.
L. 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 or penalty assessed therefor.
M. Proof of liability insurance that is valid for the entire period
for which the license is issued.
N. A list of all other New Jersey municipalities in which the applicant
maintains an active peddling and soliciting license.
In lieu of applying for a license pursuant to §
120-5 hereunder, a solicitor or peddler may make application by letter to the Township Committee for an exemption from the licensing requirement of this chapter. Such letter shall set forth exceptional circumstances that make it improbable or impractical for such solicitor or peddler to apply for the appropriate license and shall demonstrate that the purposes of this chapter will not be undermined by the grant of such exemption. The Township Committee may place reasonable conditions on any such grant of an exemption, including but not limited to requiring such peddlers or solicitors to carry identification.
At the time the application is filed, a fee in the amount of
$100 shall be paid to the Township Clerk by bank or cashier's
check to cover the cost of processing the application and investigating
the facts set forth therein.
Before a license pursuant to this chapter shall be issued, the
applicant shall execute and deliver to the Township Clerk a bond in
accordance with N.J.S.A. 45:24-5 in the amount of $1,000. The bond
shall be in effect for a period of one year from the date of license
issuance, shall indemnify and pay the Township any penalties or costs
incurred in the enforcement of this section and the purchaser of personal
property in a sum equal to at least the amount of any payment such
purchaser may have been induced to make through the misrepresentation
of the applicant, its agents or employees. The bond shall be in a
form approved by the municipal attorney.
When the application is properly filled out and signed by the
applicant, the original and duplicate shall be filed with the Township
Clerk. The Clerk shall refer the original to the Chief of Police,
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.
Every holder of a peddler's or solicitor's license issued by the Township Clerk under the authority of this chapter or by the clerk of the county under the authority of N.J.S.A. 45:24-9 shall be required to carry the license with him while engaged within the Township in the business or activity licensed. He shall produce the license at the request of any official resident of the Township with whom he wishes to conduct his business or activity. Every peddler or solicitor shall restrict his selling or soliciting activity within the Township to the hours between 8:00 a.m. and 7:00 p.m. Licensees and every person referred to in §
120-4A on each day of such activity shall notify the police officer on duty immediately before commencing his selling or soliciting activity. If soliciting activities will be conducted on consecutive days, notification need only be made on the first day of such activity and the licensee shall notify the police officer of the length of the soliciting period. Notification shall include a statement as to the general area of the Township in which the licensee, as well as every person referred to in §
120-4A, intends to conduct or has conducted the activity.
It shall be unlawful for a peddler or solicitor to:
A. Attempt to peddle or distribute merchandise or printed material,
or solicit funds or canvass for information, without first having
identified himself/herself as a peddler, solicitor, transient merchant,
or canvasser registered with the municipality and displaying the license
issued therefor.
B. Call attention to his business or to his merchandise by crying out,
blowing a horn, ringing a bell, other than the doorbell to a building,
or any other loud or unusual noise prohibited by the Township Code.
C. Conduct or attempt to conduct his or her business at any residence
or on any property on which is posted a sign expressly prohibiting
the activity.
D. Refuse to leave a private dwelling or property after having been
once requested to do so by the owner or occupant thereof.
E. Distribute obscene merchandise or printed material, printed material
that advocates unlawful conduct.
F. Litter the streets, public places, or other property within the Township
with any merchandise or printed material.
The Township Clerk shall maintain a record of all licenses issued
under the provisions of this chapter and record therein all convictions
for violations and other pertinent circumstances and incidents reported
by the Chief of Police.
Any person aggrieved by the action of the Chief of Police or of the Township Clerk in the denial or revocation of a license shall have the right of appeal to the Township Committee. The appeal shall be taken by filing with the Township Committee, within 14 days after the notice of the action complained of has been mailed to the person's last known address, a written statement setting forth fully the grounds for the appeal. The Township Committee shall set a time and place for hearing of the appeal, and notice of the hearing shall be given to the applicant in the same manner as provided in §
120-13. The decision of the Township Committee shall be final.
All licenses issued under the provisions of this chapter shall expire on December 31 of the calendar year in which they are issued. Any 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 §
120-5 or, in lieu thereof, a sworn statement in writing setting forth all changes in the information contained in the application for the expired license which are necessary to bring the application completely up to date. A new application or statement in lieu thereof shall be subject to the provisions and standards set forth in §
120-5.
The Township of Holland shall prohibit all organizations from
soliciting contributions in roadways in compliance with N.J.S.A. 39:4-60.