[HISTORY: Adopted by the Township Committee of the Township
of Edgewater Park as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Title 5, Ch. 5.28, of the 1998 Township Code]
A.
PEDDLER or HAWKER
PERSON
SOLICITOR or CANVASSER
When used in this article, the following terms shall have the following
meanings:
Includes any person, whether a resident of the Township of
Edgewater Park or not, who goes from house to house, from place to
place, or from street to street, conveying or transporting goods,
wares or merchandise and offering or exposing the same for sale, or
making sales and delivering articles to purchasers.
Includes any partnerships, partner, corporation or corporations,
or persons.
Includes any person, whether a resident of the Township of
Edgewater Park or not, who goes from house to house, from place to
place, or from street to street, soliciting or taking or attempting
to take orders for sale of services, goods, wares or merchandise,
including magazines, books, periodicals, photographs or personal property
of any nature whatsoever, for future delivery or for services to be
performed in the future, whether or not such individual has, carries,
or exposes for sale a sample or the subject for such order, or whether
or not he is collecting advance payment on such orders.
B.
This article shall also include any person who distributes circulars
or any other matter from house to house in the Township of Edgewater
Park.
It is unlawful for any hawkers, peddlers, canvassers or solicitors,
as defined in this article, to engage in any such business or operations
in the Township without having first obtained a license therefor in
compliance with the provisions of this article and, in any event,
only in accordance with the terms and provisions of this article and
only in parts or locations of the Township as permitted in this article.
A.
All licensees who shall offer to sell, display for sale or sell or
deliver fruits and vegetables and farm products from any vehicles
which are wholly or in part open on any of the sides thereof shall
at all times keep all fruits, vegetables and produce of any kind and
nature completely screened and covered to avoid and eliminate the
accumulation of flies or any other insects from alighting around or
upon any and all said merchandise.
B.
All licensees offering for sale, displaying for sale, selling or
delivering seafood, meats, poultry or dairy products shall transport
the same solely in refrigerated vehicles, and all such products shall
remain in the refrigerated portion of said vehicle at all times to
the time of sale or delivery, and said refrigerated portion, during
the uses thereof, in accordance with this, shall be maintained at
a properly low temperature to completely safeguard all of said products
from a health and sanitary standpoint to the fullest reasonable extent
possible for safety and welfare of the public.
C.
No licensee shall at any time permit any debris, waste material,
rotting produce or merchandise of any kind or any unfit produce to
remain in or upon their vehicle unless the same is contained in a
metal, leakproof container having a metal, properly fitted cover on
said container.
D.
No licensee shall canvass or solicit orders for any articles from
pedestrians or vehicular traffic other than when his vehicle shall
be properly parked immediately adjacent to the curb of a public street
in a permitted locality, and said licensee shall at no time double-park
when dealing with any of his trade and in no event shall transact
any of his business operations other than on the curb side of his
said vehicle.
E.
No licensee shall at any time permit any waste materials or parts of produce or any other merchandise to remain in or upon any street, roadway, curbs or walks and shall at all times remove any such debris that may have fallen from his vehicle so that the same is immediately placed in the metal containers as provided in Subsection C of this section.
F.
All sales of merchandise by any licensee shall, at the time of said
sale, be placed in bags or other like suitable containers when the
same shall be handed to customers of the said licensee.
G.
The licensee shall prohibit, as reasonably as possible, the eating
of any merchandise directly from his vehicle.
H.
All licensees and their respective vehicles or modes of transportation
in carrying on their permitted business shall at all times fully comply
with all of the terms, covenants and conditions of this article and
all other applicable municipal ordinances and all other applicable
state laws, regulations or provisions pertaining thereto and particularly,
but not in limitation thereof, that may deal with provisions of health,
safety and general welfare.
The terms of this article shall not be held to include the acts
of persons selling personal property at wholesale to dealers in such
articles, and nothing contained herein shall be held to prohibit any
sale required by statute or by order of any court.
A.
Applicants for a license under this article must file with the Township
Clerk a sworn application, in writing, which shall give the following
information:
(1)
Name and physical description of the applicant;
(2)
Complete permanent home and local address of the applicant;
(3)
A description of the nature of the business and the goods, services
or wares to be sold;
(4)
If employed, the name and address of the employer, together with
credentials therefrom establishing the exact relationship;
(5)
The length of time for which the right to do business is desired
and the days of the week and the hours of the day within which the
said business will be conducted;
(6)
The source of supply of the goods or property or services proposed
to be sold, where such goods, services or products are located and
the method of delivery;
(7)
Three recent 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 distinguished manner;
(8)
Appropriate evidence as to the good character and business responsibility
of the applicant as will enable an investigator to properly evaluate
such character and business responsibility;
(9)
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
other than traffic violations, the nature of the offense and the punishment
or penalty assessed therefor.
B.
The applicant shall be fingerprinted if requested by the Chief of
Police, who shall determine whether said fingerprints are necessary
for proper identification, which fingerprints are to be recorded and
processed immediately for classification and identification.
C.
No license shall be issued until the application shall have been
approved by the Chief of Police, allowing adequate time for investigation
of the facts set forth in the application.
D.
Applications for partners shall be signed by all partners, with foregoing
provisions of this section answered in detail as to each said partner,
and applications of corporations shall have attached thereto individual
statements, in accordance with all of the provisions of this section,
relating to each and every employee, agent or servant who shall engage
in any of the functions authorized by this article and signed by each
such agent, servant or employee, and full compliance herewith by each
such individual.
A.
Any person, organization or association desiring to solicit or have solicited in its name money, donations of money or property, or financial assistance of any kind, or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization at any place or places within the Township for a charitable, religious, patriotic or philanthropic purpose shall be exempt from provisions of §§ 379-5 and 379-8 of this article, provided there is filed a sworn application, in writing, with the Township Clerk or Chief of Police, which shall give the following information:
(1)
Name and purpose of the cause for which the permit is sought;
(2)
Names and addresses of the officers and directors of the organization;
(3)
Period during which solicitation is to be carried on;
(4)
Whether or not any commission, fees, wages or emoluments are to be
expended in connection with such solicitation and the amount thereof;
(5)
Names and addresses of each agent or representative who will conduct
solicitations and the length of time that such agent or representative
has been employed or affiliated with such organization, society, association
or corporation.
B.
Upon being satisfied that such person, organization, society or association
is a religious, charitable, patriotic or philanthropic organization
and that the agents or representatives who shall conduct the solicitations
are of good moral character and reputation, the Township Clerk or
Chief of Police shall issue a permit without charge to such organization,
association or corporation to solicit in the Township. Such organization,
association or corporation shall furnish all its members, agents or
representatives conducting solicitation credentials, in writing, stating
the name of the organization, name of the agent and purpose of solicitation.
A.
Each application shall be referred to the Chief of Police or officer
in charge of the Police Department, who shall immediately institute
such investigation of the applicant's business and moral character
as he deems necessary for the protection of the public good and shall
endorse the application in the manner prescribed in this section within
a reasonable period of time after it has been filed by the applicant.
B.
If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory or the product
or services are not free from fraud, the Chief of Police shall endorse
on such application his disapproval and his reasons for the same and
return the said application to the Township Clerk, who shall notify
the applicant that his application is disapproved and that no license
will be issued.
C.
Upon action by the Chief of Police, the application shall be forwarded
to the Township Committee, which shall have the final authority to
issue or deny said license. A hearing upon the recommendation of the
Chief of Police shall be scheduled within 45 days of receipt thereof.
The Township Committee shall promptly request a report, in writing,
from the Township Planning Board as to the impact of the license application
upon the zoning and subdivision ordinances. The Township Committee
shall render a decision granting or denying the license, with reason
in writing therefor, within 31 days after the final hearing on the
matter.
A.
Every applicant for a license shall be charged by the Township Clerk as established in Chapter 240, Fees.
[Amended 2-7-2012 by Ord.
No. 2012-1]
B.
Any veteran who holds a special state license issued under the laws
of the State of New Jersey shall be exempt from securing a license
as provided herein for hawking and peddling but shall be required
to procure from the Township Clerk a special veteran's permit,
which shall be issued by the Township Clerk upon proper identification.
C.
Any person to whom a valid mercantile license shall have been issued
under provisions of laws other than in this article shall be exempt
from securing a license as provided in this article, but said person
or said person's employees, agent or servants shall be required
to comply with all other sections of this article and shall be required
to procure from the Township Clerk a permit upon proper identification
and said compliance herewith.
Every person, society, association or organization to whom a
license is issued under the terms of this article shall be governed
by the following rules and regulations:
A.
All circulars, samples or other matter shall be handed to an occupant
of the property and not left on or about the same.
B.
No person subject to the provisions of this article shall canvass,
solicit or distribute circulars or other matter or call from house
to house except during reasonable hours during the day and on weekdays.
C.
No person subject to the terms of this article shall enter or attempt
to enter the lands or house of any resident in the Township without
an express invitation from the occupant of the house.
D.
No person shall offer any merchandise, as defined in this article,
for sale on the public recreation grounds of the Township, except
by written permission from the Township Committee of the Township
of Edgewater Park.
[Amended 7-23-2013 by Ord. No. 2013-6]
[Amended 7-21-1999 by Ord. No. 13-99]
No licensee or any person on his behalf shall shout, cry out,
blow a horn, ring a bell or use any sound-making or -amplifying device
upon any of the streets, parks, or other public places of the Township
or upon private premises where sound of sufficient volume is emitted
or produced therefrom to be capable of being plainly heard upon the
streets, avenues, parks or other public places for the purpose of
attracting attention to any goods, wares, merchandise or services
which said licensee proposes to sell, except under the following conditions:
No licensee shall have any exclusive right to any location in
the public streets, nor shall any be permitted a stationary location
thereon, nor shall any be permitted to operate in a congested area
where such operation might impede or inconvenience the public use
of such streets. For the purpose of this article, the judgment of
the police officer, exercised in good faith, shall be deemed conclusive
as to whether the area is congested and the public impeded or inconvenienced.
Licensees are required to exhibit their certification of license
at the request of any citizen or member of the Police Department.
The Chief of Police shall report to the Township Clerk all convictions
for violation of this article, and the Township Clerk shall maintain
a record for each license issued and record the reports of violation
therein.
A.
Licenses issued under the provisions of this article may be revoked
by the Township Committee of the Township after notice and hearing
for any of the following causes:
(1)
Fraud, misrepresentation, or a materially incorrect statement contained
in the application for license;
(2)
Fraud, misrepresentation, or a materially incorrect statement made
in the course of carrying on his business as solicitor, canvasser
or peddler;
(3)
Any violation of this article;
(4)
Conviction of any crime or misdemeanor;
(5)
Conducting the business of peddler, canvasser or solicitor, as the
case may be, in an unlawful manner or in such a manner as to constitute
a breach of the peace or to constitute a menace to the health, safety
or general welfare of the public.
B.
Notice of the hearing for revocation of a license shall be given
by the Township Clerk, in writing, setting forth specifically the
grounds of complaint and the time and place of hearing. Such notice
shall be mailed, postage prepaid, to the licensee at his last-known
address at least five days prior to the date set for hearing or shall
be delivered by a police officer in the same manner as a summons at
least three days prior to the date set for hearing.
All annual licenses issued under the provisions of this article
shall expire at 12:00 midnight the 31st day of December in the year
when issued. Licenses other than annual licenses shall expire at 12:00
midnight on the date specified in the license.
This article shall not affect any person engaged in delivering
wares, goods or merchandise, or other articles or things in the regular
course of business to the premises of the person ordering or entitled
to receive the same.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
[Adopted as Title 5, Ch. 5.32, of the 1998 Township Code]
It is the purpose and intent of this article to protect the
people of the Township from improper sales techniques by providing
for the licensing and regulation of transient merchants.
As used in this article, the following terms shall have the
meanings respectively ascribed to them in this section:
Any individual, corporation, partnership, association or
other entity.
Any business conducted for the sale or offer for sale of
goods, wares or merchandise which is carried on in any building, structure,
motor vehicle, railroad car or real estate for a period of less than
three consecutive months in a year.
Any person, firm, corporation, partnership or other entity
which engages in, does or transacts any temporary or transient business
in the Township, either in one locality or in traveling from place
to place in the Township, offering for sale or selling goods, wares,
merchandise or services, and includes those merchants who, for the
purpose of carrying on such business, hire, lease, use or occupy any
building, structure, motor vehicle, railroad car or real estate.
A.
The provisions of this article shall not apply to:
(1)
Sales at wholesale to retail merchants by commercial travelers or
selling agents in the usual course of business;
(2)
Wholesale trade shows and/or conventions;
(3)
Retail sale of ice cream and/or flavored water ice by motor vehicle
or cart during the summer months;
(4)
Any general sale, fair, auction or bazaar sponsored by any civic,
fraternal, education or religious organization;
(5)
Garage sales held on the premises devoted to residential use;
(6)
Any new home construction contractor, residential developer, master
plumber or electrical contractor who is licensed or regulated by a
state, county or municipal agency, division, department or professional
board and any contractor of home improvements as defined by N.J.A.C.
13:45A-16.1A who, in the normal course of business, advertises or
performs his services in the Township, provided that any such tradesman
complies with all state, county and municipal regulations enforceable
by the Township Construction Official;
(7)
Sale of produce or other agriculture products from buildings or from roadside stands where the premises in question are owned and operated by the farmer, it being the express intention of this article that nothing herein shall prohibit the sale of agriculture products on land owned and operated by the farmer unless prohibited by Chapter 310, Land Development and Zoning, of the Township Code.
B.
A transient merchant not otherwise exempted from the provisions of
this article shall not be relieved or exempted from the provisions
of this article by reason of associating himself temporarily with
any local dealer, auctioneer, trader, contractor or merchant or by
conducting such temporary or transient business in connection with
or in the name of any local dealer, auctioneer, trader, contractor
or merchant.
Any transient merchant desiring to transact business within
the confines of the Township shall make application for and obtain
a license therefor. The application for license shall be filed with
the Township Clerk and shall be referred to the Chief of Police for
the applicant's background investigation. The application shall
include the following information:
A.
The name and permanent address of the transient merchant making the
application and, if the applicant is a firm or corporation, the name
and business and home addresses of the members of the firm or the
officers of the corporation, as the case may be;
B.
If the applicant is a corporation, there shall be stated on the application
form the date of incorporation, the state of incorporation, and, if
the applicant is a corporation formed in a state other than the state
of New Jersey, the date on which such corporation qualified to transact
business as a foreign corporation in the State of New Jersey;
C.
A statement showing the kind of business proposed to be conducted,
the length of time for which the applicant desires to transact such
business and the location or locations of such proposed place of business;
D.
A letter from the Edgewater Park property owner, if business is to
be transacted on real estate;
E.
Proof that the applicant has acquired all other required Township,
county and state permits and licenses.
[Amended 2-7-2012 by Ord.
No. 2012-1]
Each application for a transient merchant license shall be accompanied by a license fee as established in Chapter 240, Fees.
A transient business license may be issued hereunder only by
the Township Committee and only when all requirements of this article
have been met; such license shall not be transferable, shall be valid
only within the territorial limits of the Township, shall be valid
only for a period of not more than 90 consecutive days, and shall
be valid only for the business stated in the application. A license
so issued shall be valid for only one person, unless such person shall
be a member of a partnership or employee of a firm or corporation
containing such license. The Township Committee may, in its sole discretion,
deny the issuance of a transient business license if it determines
that the issuance of said license will be inimicable to the health,
safety and/or welfare of the people of Edgewater Park Township.
The Township Committee may revoke any license issued under this
article at any time if it finds that the conduct of the licensee or
the continued existence of the license is inimicable to the health,
safety and/or welfare of the people of the Township. In such event,
the licensee shall be entitled to a hearing before the Township Committee
within 30 days from the date of the revocation. The licensee shall
be entitled to appear with an attorney at said hearing.
