[HISTORY: Adopted by the Township Committee
of the Township of Colts Neck 12-26-1969 as Ch. 37 of the 1969 Code;
amended in its entirety 6-12-2019 by Ord. No. 2019-12. Subsequent amendments
noted where applicable.]
It shall be unlawful for any peddlers, canvassers or solicitors as defined in § 168-2 of this chapter to engage in any such business in Colts Neck Township without having first obtained a license therefore in compliance with the provisions of this chapter.
When used in this chapter, the following terms shall have the
following meanings:
Includes any person, whether a resident of Colts Neck Township
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 service to be performed in the
future, whether or not such individual has, carries or exposes for
sale a sample of the subject of such order or whether or not he or
she is collecting advance payments on such orders. Such definition
shall include any person who for himself or for another person, firm
or corporation, hires, leases, uses or occupies any building, motor
vehicle, trailer, structure, tent, railroad box car, boat, hotel,
inn or motel room, lodging house, apartment, shop or other place in
Colts Neck Township for the primary purpose of exhibiting samples
and taking orders for future delivery.
Includes any person, whether a resident of Colts Neck Township
or not, who goes from house to house, from place to place or from
street to street, conveying or transporting goods, wares or merchandise
or offering or exposing the same for sale, or making sales and delivering
articles to purchasers.
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, persons under the age of 16 years, persons distributing
circulars or any other matter not relating or pertaining to commercial
activities. Nothing contained in this chapter shall be held to prohibit
any sale required by statute or by order of any court.
A.
Applicants for a peddlers, canvassers and solicitors license under
this chapter must file with the Municipal Clerk a notarized application,
in writing which shall give the following information:
(1)
The name and physical description of the applicant.
(2)
The complete permanent home and local address of the applicant.
(3)
A brief description of the nature of the business and the goods 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.
(6)
The source of supply of the goods or property proposed to be sold
or orders taken for the sale thereof, where such goods or products
are located at the time said application is filed and the proposed
method of delivery.
(7)
Two passport-quality photographs of the applicant, which picture
shall be approximately two inches by two inches, showing the head
and shoulders of the applicant in a clear and distinguishing manner.
(8)
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.
(9)
The last municipalities, not to exceed three, where the applicant
conducted business immediately preceding the date of application,
and the addresses from which such business was conducted in those
municipalities.
B.
At the time of filing the application, a fee of $100 shall be paid
to the Municipal Clerk to cover the cost of investigation of the facts
stated therein.
A.
Exemption; application. Any organization, society, association or business entity 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 upon the streets, in office or business buildings, by house-to-house canvass or in public places for a charitable, religious, patriotic or philanthropic purpose shall be exempt from the provisions of §§ 168-4, 168-6, 168-7 and 168-8E of this chapter.
A.
Upon receipt of each application, it shall be referred to the Colts
Neck Township Police, Colts Neck Township, New Jersey, which shall
conduct such investigation of the applicant's business and moral
character as it deems necessary for the protection of the public good,
and shall endorse the application in the manner prescribed in this
section after it has been filed by the applicant with the Municipal
Clerk.
B.
Issuance.
(1)
If, as a result of such investigation, the applicant's background
investigation is found to be satisfactory, said Colts Neck Township
Police Chief shall endorse on such application such finding and return
the said application to the Municipal Clerk who shall, upon payment
of the license fees as herein provided, issue the license, and shall
at the same time issue a badge setting forth the words "Colts Neck
Township Solicitor," the period for which the license is issued and
the number thereof in letters and figures easily discernable.
(2)
If as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Colts
Neck Township Police, shall endorse on such application its finding,
its reasons for the same and shall return the said application to
the Municipal Clerk. The issuance of the license shall then be considered
and determined by the Municipal Clerk in conjunction with the recommendation
of the Chief of Police.
(3)
The solicitor badge is the property of Colts Neck Township and shall
be returned to the Municipal Clerk upon expiration of the permit or
upon the request of the issuer.
C.
"No Knock" Registry.
(1)
The Municipal Clerk shall prepare a list of addresses of those premises
where the owner and/or occupant has notified the Municipal Clerk that
peddler, canvassers and solicitors and door-to-door sales enterprises
are not permitted on the premises (hereinafter referred to as the
"No Knock" Registry). Notification shall be completion of a form available
at the Municipal Clerk's office during normal business hours.
The list shall be updated as needed and a copy provided to the Chief
of Police.
(2)
Any owner and/or occupant who has requested enlistment on the "No Knock" Registry pursuant to Subsection C(1) herein shall be able to procure from the Municipal Clerk's office a sticker for display at his/her/its premises indicating enlistment on the "No Knock" Registry. The first sticker shall be provided free of charge and may be picked up in person during regular business hours. If a replacement sticker is required, the individual may pick up a replacement at the Municipal Clerk's office at no charge. A fee of $1 must be paid to Colts Neck Township by any individual who desires to have the sticker mailed to him or her.
(3)
The Municipal Clerk shall distribute the current "No Knock" Registry
to a licensee at the time of issuance of a peddler, canvasser, or
solicitor license pursuant to the provisions of this chapter. The
licensee shall not peddle, canvass, solicit or conduct door-to-door
sales at any premises identified on the then current "No Knock" Registry.
(4)
Although the most current list of registrants on the "No Knock" Registry
shall be provided by the Municipal Clerk, it is the responsibility
of the peddler, canvasser or solicitor to have the most up-to-date
list prior to performing their business.
(5)
Any peddler, canvasser or solicitor or owner or employee of a door-to-door
sales enterprise who violates any provision of this section, if convicted,
shall be:
(a)
Subject to a maximum ordinance violation fine of $1,250 for
the first offense;
(b)
Subject to 90 days in the county jail or in any place provided
by the municipality for the detention of prisoners, for any term not
exceeding 90 days for any offense thereafter; and
(c)
Subject to a permanent revocation of any license issued under
the within chapter.
(6)
Current "No Knock" Registrants are protected against the peddlers,
canvassing or soliciting activities regulated by this article without
having to register.
A.
All licenses issued under this chapter shall run for consecutive
days. Any individual or business entity is required to have all employees
intending to solicit, peddle or hawk obtain individual licenses.
B.
Any veteran who holds a special state license issued under the laws of the State of New Jersey shall be exempted from securing a license as provided herein, but shall be required to comply with §§ 168-8, 168-9, 168-10, 168-11 and 168-12 of this chapter and shall be required to procure from the Municipal Clerk a special veteran's permit, which shall be issued by the Municipal Clerk upon proper identification.
C.
Any person engaged in interstate commerce shall be exempted from
the payment of any application and license fees under this chapter;
however, such persons shall be subject to all other provisions of
this chapter and shall apply for and procure a special permit from
the Municipal Clerk upon proper identification and proof.
Every person to whom a license is issued under the terms of
this chapter 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 chapter shall canvass,
solicit or distribute circulars or other matter or call from house
to house on any day later than 9:00 p.m. prevailing time.
C.
No person subject to the terms of this chapter shall enter or attempt
to enter the house of any resident of Colts Neck Township without
an express invitation from the occupant of the house.
D.
No person subject to this chapter shall conduct himself in such manner
as to become objectionable to or annoy an occupant of any house.
E.
At all times that a person is engaged in the business licensed under the provisions of this chapter, the badge as provided for in § 168-6B shall be conspicuously worn on the front of the licensee's outer garment.
F.
Ice cream vendors may park in a valid on-street parking area or public
property while engaging in sales but shall not park in a stationary
location for longer than 10 minutes while performing a sale.
No licensee, nor any person in his or her behalf, shall shout,
cry out, blow a horn, ring a bell or use any sound-amplifying device
upon any of the streets, alleys, 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, alleys, parks or other public places, for
the purpose of attracting attention to any goods, wares or merchandise
which such licensee proposes to sell.
No license 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 chapter, the judgment of
a 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 solicitor's license
in plain sight at all times during the conduct of their authorized
business within the Township.
The Municipal Court Clerk shall report to the Municipal Clerk
all convictions for violation of this chapter, and the Municipal Clerk
shall maintain a record for each license issued and record the reports
of violation therein.
A.
Licenses issued under the provisions of this chapter may be revoked
by the Township Committee of Colts Neck Township, after notice and
hearing, for any of the following causes:
(1)
Fraud, misrepresentation or a material incorrect statement contained
in the application for license.
(2)
Fraud, misrepresentation or a material incorrect statement made in
the course of carrying on his or her business as solicitor, canvasser,
or peddler.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business of peddler, canvassers, or solicitors 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 Municipal 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 or her 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 chapter
shall expire at 12:00 midnight the 31st day of December in the year
when issued. Other than annual licenses shall expire at 12:00 midnight
on the date specified in the license.
A violation of any provision of this chapter shall be punishable as provided in § 1-9 of this Code.
