[HISTORY: Adopted by the Township Council
of the Township of Ewing 11-24-1998 by Ord. No. 98-13 as Ch. 161 of the 1998
Code. Amendments noted where applicable.]
The purposes of this chapter are to deter the
use of soliciting and canvassing to gain access to homes or other
premises for criminal purposes; maintain quiet and privacy for residents
of the Township; discourage unethical, dishonest and illegal business
practices; identify persons going door to door or distributing material
in the Township; prevent dishonest solicitations of funds; protect
the maintenance of the safety and welfare of the inhabitants of the
Township; and preserve safety and order in and about the streets,
sidewalks, businesses, parks and recreation areas in the Township.
When used in this chapter, the following terms
shall have the meanings indicated:
Any agricultural, horticultural, forest product or other
product of the soil or water, including but not limited to, fruits,
vegetables, eggs, dairy products, meat and meat products, poultry
and poultry products, fish and fish products, grain and grain products,
honey, nuts, preserves, maple sap products, apple cider, fruit juice,
ornamental or vegetable plants, nursery products, flowers, firewood.
[Added 5-22-2018 by Ord.
No. 18-10]
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 by peddlers or solicitors as defined herein.
Any person who engages in the vending of food with a movable
truck, van, trailer, bicycle or other movable unit, including hand-carried,
portable containers in or on which food or beverage is transported,
stored or prepared for immediate consumption or retail sale or is
given away at temporary locations. This shall include temporary retail
food establishments operating at a fixed location for a temporary
period of time in connections with a fair, carnival, seasonal farmers
market, public exhibition or similar transitory function.
[Added 3-27-2012 by Ord.
No. 12-06; amended 5-22-2018 by Ord. No. 18-10]
Any nonprofit charitable, religious, fraternal,
social, civic or veteran organization, service club or other organization
qualified under § 501(c)(3) of the Internal Revenue Code
or any volunteer fire or first-aid company serving the Township of
Ewing; or
Any nonprofit organization [whether or not qualified
under § 501(c)(3) of the Internal Revenue Code] the primary
purpose of which is to benefit the school-age children of the Township
of Ewing, including but not limited to schools, school clubs and other
similar organizations.
Any person, whether a resident of the Township 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
also include the words "hawker" and "huckster."
Any individual, firm, partnership, corporation, organization,
club or association, or any principal or agent thereof.
A temporary, seasonal open air market established in a public
space where farmers/growers sell a variety of farm products, as defined
in this section, directly to the consumers. Only farm products, as
defined in this section, may be sold at a farmers market. The season
for a farmers market shall run from April 1 to October 31.
[Added 5-22-2018 by Ord.
No. 18-10]
Any person, whether a resident of the Township or not, who
goes from house to house or 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 said person is collecting
advance payments on such sales or orders. 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
ratings 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."
[Amended 3-27-2012 by Ord. No. 12-06]
[Amended 3-27-2012 by Ord. No. 12-06]
Any person who engages in a merchandising business in New Jersey
with intent to close out or discontinue such business within one year
from the date of commencement, including those who, for the purpose
of carrying on such business, hire, lease or occupy any building,
structure or railroad car for the exhibition and sale of such goods,
wares and merchandise.
A person who, whether a resident of the Township or not, engages
in a temporary business within the Township of selling and delivering
goods, wares, merchandise or services within the Township and who,
in furtherance of such purpose, hires, leases, uses or occupies any
building, structure, motor vehicle, tent, railroad, boxcar or boat,
public room in hotels, lodging houses, apartments or shops, parking
lot, sidewalk, street, alley or other place within the Township for
the exhibition and sale of such goods, wares or merchandise, either
privately or at public auction.
Unless otherwise distinguished herein, the term "transient merchant"
shall also include and encompass the terms "itinerant vendor," "roadside
vendor," as well as operators of circuses, tent shows and carnivals;
flea markets; craft/home shows and expositions, but does not include
seasonal farmers markets, as defined in this section.
[Amended 5-22-2018 by Ord. No. 18-10]
[Amended 3-27-2012 by Ord. No. 12-06; 5-22-2018 by Ord. No. 18-10]
It shall be unlawful for any peddler, solicitor, mobile retail
food establishment, seasonal farmers markets, or transient merchant
to sell, offer for sale or distribute merchandise, printed material
or services within the Township without first obtaining a license
from the Municipal Clerk by filing an application for license, paying
a license fee and obtaining a license and identification card from
the Clerk.
[Amended 3-27-2012 by Ord. No. 12-06; 5-22-2018 by Ord. No. 18-10]
Upon obtaining a license and identification card as hereinafter
provided, a peddler, solicitor, transient merchant, mobile retail
food establishment, or seasonal farmers market may conduct activities
within the Township only as long as that individual adheres to the
regulations set forth in this chapter and carries the license and
displays the identification card in a conspicuous place at all times
during the conduct of activities. The license shall identify the person
and type of activity which is licensed and shall be shown to any Township
official or police officer or any other individual upon request.
An application for license shall be made upon
forms provided by the Township, shall be sworn to, shall be filed
with the Clerk and shall contain or be accompanied by the following
information:
A.
For solicitors and peddlers.
(1)
Name, age, physical description and social security
or federal identification number of the applicant.
(2)
Complete permanent home and local address of applicant,
together with telephone numbers.
(3)
Name and address of the organization or person 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)
Two recent photographs of the applicant, which shall
be approximately 2 1/2 inches by 2 1/2 inches in size and
showing the head and shoulders of the applicant in a clear and distinguishing
manner.
(6)
The days and dates upon which canvassing or soliciting
is to take place.
(7)
A statement as to whether or not the applicant has
been convicted of a crime, misdemeanor or disorderly persons offense
and, if so, the details thereof.
(8)
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 Township and the number of the applicant's
driver's license and the state in which it is issued.
(9)
The name and address of the insurance carrier and
insurance policy number with respect to such vehicle or vehicles.
(10)
A list of municipalities where the applicant has ever
engaged in the activities of canvassing, peddling or soliciting, whether
or not a permit was applied for or received in connection therewith.
(11)
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.
(12)
If the applicant is not an individual, the state in
which it is registered or incorporated and the name and address of
the registered agent.
(13)
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.
(14)
Applications of corporations, partnerships or other
entities shall have attached to their applications individual statements
containing all of the information required by this subsection as to
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.
(15)
All applicants 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. 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.
B.
For transient merchants.
(1)
Name, age, physical description and social security
or federal identification number of the applicant.
(2)
Complete permanent home and local address of applicant,
together with telephone numbers.
(3)
Description of the nature of the business or activity,
including the average quantity, kind and value of the property to
be sold.
(4)
Two recent photographs of the applicant, which shall
be approximately 2 1/2 inches by 2 1/2 inches in size and
showing the head and shoulders of the applicant in a clear and distinguishing
manner.
(5)
The dates during which the business is to be conducted.
(6)
The location from which the business will be conducted, which must be a permanent building located in accordance with Chapter 215, Land Development, of this Code.
(7)
The name and address of the person from whom the goods
making up the stock were or are to be purchased by the applicant.
(8)
A statement as to whether or not the applicant has
been convicted of a crime, misdemeanor or disorderly persons offense
and, if so, the details thereof.
(9)
A list of municipalities where the applicant has ever
engaged in transient merchandising, whether or not a permit was applied
for or received in connection therewith.
(10)
A statement as to whether the applicant has ever been
denied or had revoked a transient merchant's license or permit.
(11)
A bond in an amount equal to 25% of the value of the personal property shown in the disclosures required by Subsection B(3) above but in no event less than $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 of Ewing any penalties or costs incurred in the enforcement of this section and the purchaser of personal property 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, servants or employees. The bond shall be in a form approved by the Township Attorney.
(12)
An instrument in accordance with N.J.S.A. 45:24-6
appointing the Clerk as the applicant's true and lawful agent.
(13)
If the applicant is not an individual, the state in
which it is registered or incorporated and the name and address of
the registered agent.
(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 thereto individual statements containing
all of the information required by this subsection as to each employee
or agent who shall engage in the licensed activity, and said statements
shall be signed by each employee or agent. Applications by partnerships,
corporations or other entities shall be signed by an authorized representative
of the corporation, partnership or entity.
(16)
All transient merchants are subject to the statutory
requirements set forth in N.J.S.A. 45:24-1 et seq. and shall be subject
to the penalties set forth therein in the event of a failure to comply
with any of said requirements.
(17)
All applicants 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. 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.
C.
For mobile
retail food establishments.
[Added 3-27-2012 by Ord.
No. 12-06]
(1)
Name,
age, physical description and social security or federal identification
number of the applicant.
(2)
Complete
permanent home and local address of applicant, together with telephone
numbers.
(3)
Description
of the nature of the food vending activity to be conducted.
(4)
Two
recent photographs of the applicant, which shall be approximately
2 1/2 inches by 2 1/2 inches in size and showing the head
and shoulders of the applicant in a clear and distinguishing manner.
(5)
The
dates during which the business is to be conducted.
(6)
A statement
as to whether or not the applicant has been convicted of a crime,
misdemeanor or disorderly persons offense and, if so, the details
thereof.
(7)
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 Township and the number of the applicant's driver’s
license and the state in which it is issued.
(8)
The
name and address of the insurance carrier and insurance policy number
with respect to such vehicle or vehicles.
(9)
A list
of municipalities where the applicant has ever engaged in the activities
of canvassing, peddling or soliciting, whether or not a permit was
applied for or received in connection therewith.
(10)
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.
(11)
If
the applicant is not an individual, the state in which it is registered
or incorporated and the name and address of the registered agent.
(12)
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.
(13)
Applications
of corporations, partnerships or other entities shall have attached
to their applications individual statements containing all of the
information required by this subsection as to 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.
(14)
All
applicants 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. 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.
D.
For seasonal farmers markets.
[Added 5-22-2018 by Ord.
No. 18-10]
(1)
Name, age, physical description and social security or federal identification
number of the applicant who shall be the operator/manager of the seasonal
farmers market.
(2)
Complete permanent home and local address of applicant, together
with telephone numbers.
(3)
Description of the nature of the activity to be conducted, the types
of vendors and number of vendors participating in the farmers market.
(4)
Two recent photographs of the applicant, which shall be approximately
2 1/2 inches by 2 1/2 inches in size and showing the head
and shoulders of the applicant in a clear and distinguishing manner.
(5)
The dates during which the business is to be conducted, which must
be within the seasonal market range of April 1 to October 31.
(6)
A statement as to whether or not the applicant has been convicted
of a crime, misdemeanor or disorderly persons offense and, if so,
the details thereof.
(7)
A list of municipalities where the applicant has ever engaged in
the activities of conducting a farmers market, whether or not a permit
was applied for or received in connection therewith.
(8)
A statement as to whether or not the applicant has been denied a
permit to operate a farmers market and whether such permit or license
has ever been revoked.
(9)
If the applicant is not an individual, the state in which it is registered
or incorporated and the name and address of the registered agent.
(10)
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.
(11)
Applications of corporations, partnerships or other entities
shall have attached to their applications individual statements containing
all of the information required by this subsection as to 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.
(12)
All applicants 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. 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.
(13)
All applicants shall identify any vendors, including, mobile retail food establishments, that will be selling food for immediate consumption or handling food or farm products which otherwise require inspection by the Ewing Township Health Officer, and submit a copy of the Board of Health license described in § 267-10T for any vendors who will be handling food requiring a license in accordance with this ordinance.
(14)
All seasonal farmers market operators shall provide evidence
of a minimum of $1,000,000 comprehensive general liability insurance
coverage, which shall cover all activities at the farmers market and
vendors operating therein.
A.
Following the filing of a complete application and payment of the license fee as set forth in § 267-11A with the Clerk, the Clerk shall forward a copy of the application to the Chief of Police, who shall within 30 days make such investigation, within the limits of the resources available to the Chief, 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 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 the Chief's
disapproval and the reasons therefor and return the application to
the Clerk.
(1)
Any determination by the Chief of Police that the
application is unsatisfactory shall be based on one or more of the
following findings with respect to the applicant:
(a)
Conviction of a crime involving moral turpitude.
(b)
Prior violation of a peddling or soliciting
ordinance.
(c)
Previous fraudulent acts or conduct or convictions
of disorderly persons offenses.
(d)
Record of breaches of solicitation contracts.
(e)
Fraud, misrepresentation or false statements
contained in the application for license.
(2)
In the absence of any such findings, the Chief of
Police shall find the applicant satisfactory and shall endorse the
application and return the application to the Clerk.
A.
If the applicant or any employee or agent who shall
engage in the licensed activity is found unsatisfactory by the Chief
of Police who so endorses the application, the Clerk shall notify
the applicant by mail that the application is disapproved and shall
deny the issuance of the license. Such notice shall be mailed within
five working days following the endorsement of disapproval by the
Chief of Police.
B.
If the application is found satisfactory by the Chief
of Police, the Clerk shall issue a license addressed to the applicant
to conduct the business applied for. Such license shall contain the
signature of the issuing officer and shall show the name, address
and photograph of the applicant, the type of business (peddler, solicitor,
transient merchant) the applicant is licensed for, the kind of goods
or services to be sold thereunder, the date of issue and the length
of time the license shall be operative and the license number and
any other identifying description of any vehicle in the activity licensed.
A single license shall be issued to each applicant; a separate identification
card, bearing the license number of the applicant, shall be issued
to each employee or agent who is to engage in the licensed activity.
A separate license fee shall be paid for each such identification
card. The form of the license and identification card shall be at
the discretion of the Clerk.
C.
With respect to transient merchants, the license shall
authorize the licensee to carry on the business only at the location
indicated on the application; and a separate license shall be required
for each separate place of business in which the occupation is carried
on.
A.
Licenses may be revoked by the Chief of Police or
designee, for any of the following causes:
(1)
Fraud, misrepresentation or false statements contained
in the application for license.
(2)
Fraud, misrepresentation or false statements made
in the course of carrying out activities pursuant to the license.
(3)
Violation of any provisions of this chapter.
(4)
Conviction of any crime involving moral turpitude.
(5)
Conduct of the business of peddling 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 Township.
B.
Notice of revocation shall be personally communicated
to the licensee, and thereafter it shall be unlawful for such person
or any employees or agents to sell, offer for sale or distribute merchandise
or services in the Township. The licensee shall be provided with a
notice of a hearing before the Chief of Police or designee, if requested,
which notice shall be in writing, setting forth the grounds of the
complaint 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 days prior to the date set for the hearing and no more
than five days after receipt by the Chief of Police or designee of
the written request for a hearing.
Any person aggrieved by the action of the Chief
of Police or the Clerk 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 Mayor. The Mayor shall not hear any
appeal unless the applicant has first requested a hearing before the
Chief of Police. Such appeal shall be taken by filing with the Clerk,
within 14 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 Mayor shall set
a time and place for hearing such appeal, and notice of such hearing
shall be given to the applicant. The decision of the Mayor on such
appeal shall be final and conclusive.
It shall be unlawful for a person to:
A.
Attempt to peddle or distribute merchandise or printed
material, or solicit funds or canvass for information, without first
providing identification as a peddler, solicitor or canvasser registered
with the Township and displaying the identification card issued therefor.
B.
Have exclusive right to any location on public property.
C.
Enter or attempt to enter the land of any resident
in the Township where such resident has posted a legible and reasonably
prominent notice prohibiting such entry.
D.
Refuse to leave a private dwelling or property after
having been once requested to do so by the owner or occupant thereof.
F.
Distribute obscene merchandise or printed material
or that which advocates unlawful conduct.
H.
Station, place, set up or maintain a cart, wagon,
motor vehicle or other vehicle, or allow it to remain on any sidewalk
in such a way as would:
(1)
Restrict, obstruct, interfere with or impede the pedestrians'
right-of-way.
(2)
Restrict, obstruct, interfere with or impede the ingress
or egress from the abutting property.
(3)
Create or become a nuisance.
(4)
Increase traffic congestion or cause or increase traffic
delay or hazard.
(5)
Cause or create or constitute a danger to life, health
or property.
I.
Solicit or offer to sell or solicit except between
the hours of 9:00 a.m. and 9:00 p.m.
J.
Peddle using a cart the dimensions of which exceed
two feet in width, four feet in length and four feet in height, including
wheel height, while conducting business on any sidewalk.
K.
Use, set up, attach, place or permit the use of any
table, crate, carton, rack, device or structure of any kind to increase
the selling or display capacity of the peddler's cart.
L.
Station, place, set up or maintain a peddler's cart
or allow it to remain on any sidewalk if to do so would reduce the
unobstructed pedestrian right-of-way to less than six feet. The Township
Engineer may from time to time, by regulation, change the width of
the pedestrian right-of-way space required, as circumstances require.
M.
Engage in the business of peddling within 10 feet
of any location where the curb has been depressed to facilitate pedestrian
or vehicle movement.
N.
Engage in the business of peddling on any sidewalk
or along any street within 15 feet of any fire hydrant, crosswalk
or driveway.
O.
Station, place, set up or maintain a peddler's cart
or goods against display windows of fixed location businesses, nor
shall they be within 20 feet from an entranceway to any building,
store, theater, library, school, museum, movie house, sports arena
or other place of public assembly.
P.
Engage in the business of peddling on any sidewalk
or along any street within 10 feet from intersecting streets or sidewalks.
Q.
Engage in the business of peddling within 30 feet
of any location where another peddler is engaged in the business of
peddling.
R.
Engage in the business of selling at any location
without giving a written receipt to each customer for any sale in
excess of $1. The receipt shall show clearly the seller's name, business
address, license number, a description of the merchandise sold and
the purchase price, and shall be sequentially numbered.
S.
Engage in the business of peddling on any sidewalk
or along any street within 90 feet of a bus stop. For purposes of
this section, the words "bus stop" shall include the sidewalk and
the adjoining street where there is a designated bus stop.
T.
Sell food, drinks, ice cream, confections or other
item for immediate consumption unless the person provides for public
use a litter receptacle, which shall be clearly marked and maintained
for use by the person's patrons; nor shall any person leave any location
without first picking up, removing and disposing of any trash or refuse
remaining from sales made by him; nor shall any person sell food,
drinks, ice cream, confections or other food item for consumption
without having first received any permit or license required by the
Township or the Board of Health for food handling.
[Amended 3-27-2012 by Ord. No. 12-06]
U.
Leave any cart unattended at any time or place or
leave the same overnight on any sidewalk.
A.
The fees for licenses as set forth shall accompany the application and shall be as set forth in Chapter 172, Fees, for each person who is to engage in the licensed activity. All application fees to be charged for the issuance of permits are not as revenue but are charged for the purpose of covering the expenses of administering this chapter. Nonprofit organizations shall be exempt from the payment of licensing fees.
B.
No license or identification card issued under the
provisions of this chapter shall be used at any time by any person
other than the one to whom it was issued.
C.
Where an organization has several agents peddling,
soliciting, distributing merchandise or printed material or services
or canvassing, each agent shall pay the appropriate fee and shall
be issued a separate identification card bearing the same license
number as the entity with which they are associated.
D.
All licenses shall expire on December 31 of the calendar
year in which they are issued unless, by their terms, they expire
prior to that time. With respect to transient merchants, the license
shall expire no later than 180 days after its issuance.
A.
This chapter shall not apply to the following:
(1)
Federal census-takers and surveys taken pursuant to
federal, state or local laws.
(2)
The employees of any public utility which is subject
to the regulation of the State Board of Public Utility Commissioners;
provided, however, that such employees shall display the identification
badge or card issued by the employer.
(3)
Any person selling fruits and farm products grown
by that person, with or without help from others.
(4)
Any person engaged in the delivery of goods, wares
or merchandise or other articles or things in the regular course of
business to the premises or persons who had previously ordered the
same or were entitled to receive the same by reason of prior agreement.
(5)
Wholesale salespersons calling on businesses.
(6)
School-age children of the Township of Ewing, including
children peddling or soliciting for schools, school clubs and other
similar organizations.
Any veteran or volunteer firefighter who holds a special license issued pursuant to N.J.S.A. 45:24-9 and 45:24-13 shall be exempt from the licensing provisions of this chapter with respect to peddlers and solicitors; provided, however, that such licensee shall notify the Chief of Police of the Township, in writing, prior to any soliciting or other activity within the Township, detailing the dates and approximate area in which the licensee intends to solicit, together with a description of the licensee's vehicle, license plate number, insurance carrier and insurance policy number. All the provisions of this chapter pertaining to transient merchants shall apply to such veterans and voluntary firefighters. Further, the veteran or volunteer firefighter shall include in the notification the license number, date of issue and county where issued. The regulations set forth in § 267-10 shall apply to any veteran or volunteer firefighter who holds a special license pursuant to the statutory provisions cited in this section. Such licensees shall be subject to the cancellation and penalty provisions set forth in N.J.S.A. 45:24-13.
A.
Every nonprofit organization, as defined under § 267-2, may solicit in its name money, donations or financial assistance of any kind or design and may sell or distribute any item of literature or merchandise for which a fee is charged; provided, however, that such organizations procure from the Clerk a special permit and identification card for each agent or employee expected to solicit. Prior to the issuance of the aforesaid, there shall be filed a sworn application by such nonprofit organization with the Clerk. The provisions of this section shall not apply to organizations the primary purpose of which is to benefit the school-age children of the Township of Ewing, including but not limited to schools, school clubs and other similar organizations. Organizations required to file application for special permits under this section shall provide the following information on the application:
(1)
Nature and anticipated duration of the canvassing
or solicitation.
(2)
Approximate number of persons who will be soliciting.
(3)
Names and addresses and telephone numbers of persons
in charge of such canvassing and solicitation within the organization.
(4)
Full name and addresses of the organization on behalf
of which such solicitation or canvassing is to be conducted.
(5)
Names, to the extent known, of the persons who are
expected to go from door to door to distribute material within the
Township.
B.
If the Clerk is satisfied that the application is
truthful and that the organization is bona fide, the Clerk shall issue
a special permit and identification cards without charge for the specified
period. 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. The Clerk may refer the application to
the Chief of Police for review.
C.
The purpose of such application and permit requirement
is to identify persons going door to door or distributing material
in the Township to prevent dishonest solicitations of funds and to
protect the maintenance of the safety and welfare of the inhabitants
of the Township.
A.
Any person engaged in any activity the purpose of
which is to aid or promote the nomination, election or defeat of any
candidate or candidates for elective office or to aid or promote the
passage or defeat of any public question or Board of Education budget
in any election or seeks to influence the content, introduction, passage
or defeat of any legislation shall be exempt from the provisions of
this chapter.
