The purposes of this chapter are to (1) deter the use of peddling
or soliciting to gain access to homes or other premises for criminal
purposes; (2) maintain peace, comfort, quiet and privacy for residents
of the Township of Evesham while balancing the same against the opportunity
for person to exercise their rights of free speech; (3) discourage
unethical, dishonest and illegal business practices; (4) prevent dishonest
solicitation of funds; (5) protect the safety and welfare of the inhabitants
of the Township of Evesham as well as persons engaged in the below
activities within the Township; and (6) preserve safety and order
in and about the streets, sidewalks, businesses and public areas of
the Township. All applications fees to be charged for the issuance
of licenses are not to be considered as revenue, but are charges for
the purpose of covering the expenses of administering this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
ITINERANT VENDOR
A person in the business of selling personal property or
services who conducts his business from a fixed location but who does
not intend to continue in business within the Township permanently.
A proprietor of a business which is seasonal in nature who suspends
business during the off-season shall not for that reason alone be
considered an "itinerant vendor."
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 of Evesham;
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 the provisions of Title
15A of the New Jersey Statutes; or
E.
Any Police Department and any volunteer fire or first aid company
that is located in, has a substantial membership from or serves the
Township.
PEDDLER OR HAWKER
A person who sells or delivers tangible goods, services or
commodities from house to house, store to store, place to place or
on the streets or in any public place, whether on foot or in a vehicle,
whose sales are not made from one established spot, except where they
are made in a street or public place, and who makes delivery at the
time of his sale. A peddler selling manufactured ready-to-eat food
products must also apply for and receive a food handler's license
from the Township.
PERSON
An individual, firm, partnership, corporation (either profit
or nonprofit), voluntary association, incorporated association, unincorporated
association, society, club, trust or other similar entity or a trustee,
principal or agent thereof.
SOLICITOR OR CANVASSER
A person who goes from house to house or from place to place
selling merchandise by sample or by taking orders for future delivery,
with or without accepting advance payments for the goods and regardless
of whether advance solicitation is made by mail, telephone or personal
contact. The provisions of this definition shall apply to the person
who comes in personal contact with the buyer, whether he obtains the
order, delivers the goods or accepts money in payment for them. "Solicitor"
also means any person who goes from house to house or from place to
place for the purpose of obtaining alms, contributions or subscriptions,
or who does research analyses, makes surveys or opinion polls or obtains
rating data or similar information, or who engages in any similar
work which involves a door-to-door or place-to-place activity.
After submission of the application, the Police Department shall
make any investigation necessary and shall indicate its written approval
or disapproval of the license application within 30 days after the
application is filed and shall forward the license application to
the Township Clerk. Upon written approval from the Police Department,
the Township Clerk shall issue a license upon the payment of all required
fees.
The granting of said license shall not authorize any person
except the person named in said license to engage in business thereunder,
and said license shall not be transferable from the person to whom
issued to any other person. A separate license must be obtained by
a licensee hereunder for every agent or employee working for him or
it.
Every person holding a license under this chapter shall be required
to carry the license with him while engaged in the business licensed.
That person must produce the license at the request of any person
solicited, a police officer or any official of the Township of Evesham.
All automobiles, wagons, carts or other vehicles used for canvassing,
hawking, peddling, soliciting or vending shall have affixed thereon
a license.
Every solicitor, hawker, peddler and canvasser shall be governed
by the following rules and regulations:
A. No person or vehicle shall stand or be parked for the purpose of
display or selling goods, products or services on any public or private
property within a distance of 200 feet from the nearest public, private
or parochial school in Evesham Township during school hours. "School
hours" shall mean any time during which school may be in session.
B. No person shall sell or attempt to sell in accordance with the terms
of this chapter, except as set forth in the preceding subsection,
before 9:00 a.m. or after 8:00 p.m. prevailing time. The aforesaid
time limitation shall not apply to persons who are expressly invited
into homes by the occupants thereof.
C. No person shall park his vehicle or dispensing container for a period
of time longer than it takes to make a sale to a customer.
D. No person or vehicle shall stand or be parked in a fixed location
for the purpose of displaying or selling goods, products or services
on any public or private property where to do so is likely to cause
a crowd, impede vehicular or pedestrian traffic or produce annoying
sounds, voices or disturbances which interfere with the comfort of
residents.
E. No person shall strew or litter or cause to be strewn or littered
the public streets and highways with refuse or waste matter of any
kind or to in anywise interfere with the comfort or convenience of
the residents or business of the occupants or owners of adjacent property.
F. All circulars, samples or other matter shall be handed to an occupant
of the property and not left on or about the same.
G. No person shall enter or attempt to enter the house of any resident
in the township without an express invitation from the occupant of
the house.
H. No person shall conduct themselves in such manner as to become objectionable
to or annoy an occupant of any house.
The terms of this chapter shall not be held to include the acts
of persons selling personal property at wholesale to dealers in such
articles.
No licensee shall have any exclusive right to any location in
the public streets. No licensee shall enter upon any public property,
including Township parks, for the purpose of peddling or soliciting
without express written consent of the Township.
The Township Clerk shall maintain a record for each license
issued and record the reports of violations therein.
Any licensee who shall be guilty of any fraud, cheating or misrepresentation,
whether through himself or through an employee or agent, while acting
as a canvasser, hawker, peddler, solicitor or itinerant vendor in
the Township of Evesham or who shall barter, sell or peddle any goods
or products or services, other than those specified in his application,
shall be deemed guilty of a violation of this chapter.
Any person violating the terms of this chapter shall, upon conviction
thereof, be subject to a fine not exceeding $2,000 or to imprisonment
not exceeding 90 days, or both, in the discretion of the court.