A.
Upon receipt of an application, the Township Police Chief shall cause
an investigation of the applicant's business and moral character
to be made as he deems necessary for the protection of the public
good. In addition, he shall obtain a copy of the applicant's
motor vehicle operating record for at least the past 10 years and
check on all types of criminal convictions since the applicant was
18. Such investigation shall be completed within 10 days after the
application is filed, and that, together with the application, shall
be forwarded to the Mayor and Township Council for their review and
decision on said application. They shall provide a decision within
25 days of the date the application was submitted.
B.
If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Mayor
and Township Council shall endorse on such application its disapproval
and the specific reasons for its disapproval, and then notify the
applicant that his application was disapproved and that no license
or permit shall be issued.
C.
If, as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Mayor and Township Council shall endorse on the application its approval,
and the Township Clerk shall deliver to the applicant his license
or permit. Such license or permit shall contain the signature and
seal of the issuing officer and shall show the name, address, and
photograph of said licensee or permittee, the class of license or
permit issued, and the kind of goods to be sold thereunder, the date
of issuance and the length of time the same shall be operative, as
well as the license or permit number and other identifying description
of any vehicle used in such peddling, soliciting, or charitable solicitations.
D.
The Clerk shall keep a permanent record of all licenses and permits
issued.
If the application has been disapproved and the applicant desires
to appeal the decisions to the Mayor and Township Council, he may
do so by filing a written notice of appeal with the Township Clerk
within 10 days of the date of the notice of disapproval. An appeal
will only be heard where there is new information provided by the
applicant that was not previously submitted, or where the applicant
can provide information that shows the reason for the disapproval
by the Mayor and Township Council were not valid. The Mayor and Township
Council shall hold its hearing on appeal within 15 days after the
submission of same, and its decision then shall be final.
Every permit or license issued hereunder, except those under § 428-23, shall be valid until December 31 of the year in which it was issued. All permits must thereafter be renewed if the licensees or permittees desire to continue their operations.
A.
Any licensee or permittee having a permit or license valid until
December 31 of the previous year may apply for a renewal of that license
or permit and submit a renewal application fee of $25, and that license
or permit shall automatically be renewed by the Township Clerk, provided
the Township Clerk did not receive complaints regarding the licensee's
or permittee's business and further provided the applicant for
renewal states under oath that there has been no change in the information
originally supplied to the Township on his first application.
B.
If the licensee or permittee's prior permit was revoked or information
previously submitted has changed, or complaints were received about
the licensee's or permittee's operation, then he shall be
required to file a new application, together with the application
fee, and then proceed as if he had never been licensed before.
The Township Clerk shall maintain a record for each license
and permit issued and record the reports of violations received.
A.
Permits issued under the provisions of this chapter may be revoked
by the Mayor and Township Council after notice and hearing before
the Mayor and Township Council for any of the following causes:
(1)
Fraud, misrepresentation, or false statement contained in the application
for permit.
(2)
Fraud, misrepresentation, or false statement made in the course of
carrying on his business as peddler, solicitor, or charitable solicitation.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business of peddling, soliciting, or seeking charitable
solicitations in an unlawful manner, or in such manner as to constitute
a breach of peace or as to constitute a menace to the health, safety,
or general welfare of the public.
(6)
In regard to peddlers and solicitors, a conviction or plea of guilty
to a charge of drunk driving, reckless driving, careless driving,
speeding, or other similar motor vehicle conviction or guilty plea
that indicates the peddler or solicitor may represent a hazard to
Township residents.
B.
Notice of a hearing for the revocation of a license or permit shall
be given in writing, setting forth specifically the grounds of the
complaint and the time and place of hearing. Such notice shall be
mailed, postage prepaid by both regular mail and certified mail, return
receipt requested, to the permittee at his last known address, as
well as to all of the addresses given in his application or served
upon him personally at least five days prior to the date set for the
hearing.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not more than $1,000 or by imprisonment for a term not to
exceed 90 days, or both such fine and imprisonment, in the discretion
of the court. The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
