[R.O. 1957, 6:11-1; as amended March 21, 1966; MC 1973-24,
July 2, 1973; MC 1974-18, § 1, Sept. 3, 1974; MC 1982-4,
§ 1, April 5, 1982]
As used herein:
(a) Peddler means a person commonly referred to as either a peddler or
hawker, who goes from door to door or place to place and carries with
him goods, wares, and merchandise for the purpose of selling and delivering
them to purchasers, or who offers services door to door.
(b) Peddler's assistant means anyone who engages in the business of peddler
from a licensed vehicle, but who is not the owner or lessee of the
vehicle.
(c) Solicitor means a person commonly referred to as either a solicitor
or canvasser, who goes from door to door or place to place, selling
goods by sample, or giving away samples, or soliciting any business
transaction, or who solicits or requests directly or indirectly money,
credit, property, financial assistance, or other things of value,
or for services to be performed in the future or taking orders for
future delivery, with or without accepting an advance payment for
goods or services.
(d) Food peddler means a peddler whose activities are limited solely
to the sale or distribution of food items from a truck, van, cart
or other type of vehicle.
(e) Ice cream peddler means a food peddler whose wares are limited solely
to ice cream, ices and similar products.
(f) Door to door solicitors and peddlers are those who enter upon property
containing single family or multi-family dwellings during the conduct
of their business.
(g) Place to place solicitors and peddlers are those who conduct their
business in public places or thoroughfares and who do not enter upon
the property of single-family or multi-family dwellings.
[R.O. 1957, 6:11-2; amended by MC 1973-24, § 2,
July 2, 1973]
As to fees, see Article 17 of this chapter.
(a) No peddler, peddler's assistant, solicitor, food peddler or ice cream
peddler shall sell or offer for sale any goods, wares or merchandise
without first obtaining a license from the Mayor or his designee.
(b) This Section shall not apply to:
(1)
Farmers or gardeners when they are peddling the products of
the farms or gardens owned or occupied by him.
(3)
Persons honorably discharged from the military, naval or marine
forces of the United States or exempt members of volunteer fire departments
or municipalities of this State, who hold licenses issued pursuant
to R.S. 45:24-10:
(4)
Distributors of newspapers, or written matter dealing solely
with religious, political, educational or similar subjects not of
a commercial nature;
(5)
Solicitors seeking subscriptions for all broad band communication
systems franchised by the City, provided such solicitors shall have
in their possession suitable identification from their employer and
the employer has furnished the names of such solicitors to the Chief
of Police, or
(6)
Persons selling or distributing food items in sealed containers
either for sale on a regularly scheduled future basis to the property
resident or for organizations that have qualified for exemption under
the provisions of the New Jersey Sales and Use Tax Act, R.S. 54:32B-9,
which latter provision may be waived by the Chief of Police if such
sale or distribution is temporary in nature and for a charitable purpose.
[R.O. 1957, 6:11-3]
(a) If a peddler operates more than one (1) vehicle for peddling, a separate
license shall be obtained for each vehicle.
(b) Any person upon or with a licensed vehicle, if not the owner or lessee
of the vehicle, may be licensed as a peddler's assistant.
(c) No more than two (2) licensees shall be allowed on any one (1) vehicle.
[Amended by MC 1973-24, § 3, July 2, 1973; MC 1982-4,
§ 1, April 5, 1982]
No person shall, without prior invitation or appointment, solicit or call from door to door in the City to sell goods by sample or to take or attempt to take orders for the future delivery of goods, merchandise, wares or personal property of any nature whatsoever or take or attempt to take orders for services to be furnished or performed in the future without first having received a license therefor in accordance with the provisions of this article, unless such persons would be exempt from securing such license under Section
9:7-2(b)
[R.O. 1957, 6:11-4]
(a) The application for a license shall be in writing and signed by the
applicant. It shall be accompanied by the prescribed fees and filed
with the License Bureau.
(b) The application for a license shall state:
(1)
The name, age and permanent home address of the applicant;
(2)
The applicant's place or places of residence for the preceding
three (3) years;
(3)
The number and nature of any arrests or convictions;
(4)
The purpose of the license;
(5)
The nature of the merchandise to be sold or offered for sale;
(6)
If a solicitor's license, the length of time for which the license
is desired;
(7)
If a vehicle is to be used in connection with the business,
a description of the vehicle; and,
(8)
The names of three (3) reputable citizens to whom reference
may be made as to the character and fitness of the applicant.
(c) If the merchandise is to be sold on behalf of another person, the
application shall state the name and address of such person. The application
shall be accompanied by a letter from the person to be benefited by
the sale authorizing the applicant to engage in the business of peddler,
peddler's assistant or solicitor on his behalf.
[R.O. 1957, 6:11-5]
Before a peddler's or solicitor's license is issued, the applicant
therefor shall be fingerprinted by the Police Division.
[R.O. 1957, 6:11-6]
(a) The Mayor or his designee is authorized to grant a license under
this article to any person:
(2)
Who has never been convicted of a crime involving moral turpitude,
or a violation of any State or Federal law, or any disorderly conduct
provision; and,
(3)
Who has complied fully with this article.
(b) The License Bureau shall refer all applications for a license for
investigation as to the truth of the statements of the application
and the applicant's qualifications. The approving agency shall report
its findings in writing to the License Bureau.
(c) The license need not be issued until two (2) weeks after the application
has been made.
(d) The license shall state the:
(2)
Name and business address of the licensee;
(3)
Number of the license; and
(4)
Expiration date of the license.
(a) A peddler's license and badge shall be issued for the period of one
(1) year from June 1 to the last day of May of the following year.
(b) A solicitor's license shall be issued for a period of thirty (30)
days, which may be extended for additional thirty (30) day periods.
[R.O. 1957, 6:11-3]
(a) Every peddler, peddler's assistant or solicitor shall obtain an individual
license. These licenses shall not be transferable from one person
to another person.
(b) If a peddler ceases to use the vehicle described in his license and
desires to substitute another vehicle, he shall:
(1)
Notify the License Bureau;
(2)
Furnish the License Bureau with a description of the vehicle
to be substituted; and,
(3)
Transfer his peddler's license plates to the other vehicle.
[R.O. 1957, 6:11-7; amended by MC 1982-4, § 1,
April 5, 1982]
(a) The license shall be carried upon the person of the licensee at all
times when the licensee is engaged in the licensed business.
(b) In the case of a peddler with a vehicle, the license shall be carried
in or upon the vehicle at all times when the vehicle is engaged in
the licensed business.
(c) In addition to the license, the City shall issue, and every vehicle
used by a licensed peddler shall display on each side of its exterior,
in a conspicuous place, a metal plate, to be furnished by the License
Bureau bearing the words,
"City of Plainfield, Licensed Peddler, No. __ _____________________________,
Expires_______________________, 20___," with the appropriate number
and date inserted.
(d) Every solicitor and peddler, including those exempt from license
requirements, shall wear, in a conspicuous place on his person, a
picture identification badge bearing a licensee photograph, license
number, and license expiration date.
(e) The issuance of every picture identification badge shall be accompanied by a deposit of Five Dollars ($5.00) which shall be refunded to the solicitor or peddler upon return to the City of expired badges. This deposit shall be in addition to license fees identified in Section
9:17-1.
[R.O. 1957, 6:11-9, amended by MC 1073-24, § 4,
July 2, 1973; MC 1982-4, § 1, April 5, 1982]
(a) No solicitor or peddler shall conduct his business from door-to-door
on Sundays.
(b) Every solicitor and peddler, who sells from door-to-door shall conduct
his business from Monday through Saturday, inclusive, between the
hours of 10:00 A.M. and 4:00 P.M.
(c) Every solicitor and peddler, who does not sell from door-to-door,
shall conduct their business from Monday through Saturday, inclusive,
between the hours of 8:00 A.M. and 8:00 P.M.
(d) Food and ice cream peddlers may conduct business on Sunday and after
8:00 P.M. if at public events occurring at those times. Sales shall
be permitted until the time that such public events are concluded.
[Amended by MC 1973-24, § 5, July 2, 1973]
No peddler, peddler's assistant or solicitor shall enter any
private property for the purpose of selling or offering for sale any
goods, wares, merchandise or service if the property owner has indicated
by posting or other notice his desire to prohibit such entry.
[R.O. 1957, 6:11-11; amended by MC-1973-24, § 6,
July 2, 1973; MC-1980-14, § 1, October 20, 1980; MC 1993-10,
April 5, 1993]
(a) No peddler, peddler's assistant, solicitor or food peddler, or ice
cream peddler, shall be granted a permit to conduct his or her business
within the central business of the City as defined herein, or within
a radius of one thousand (1,000) feet of the perimeter of the property
of any public school during daylight hours when such school is in
session.
(b) The term Central Business District as used in this section shall
include that area, including both sides of all streets mentioned herein,
bounded by Sanford Avenue, East Front Street, Richmond Street, East
Fifth Street, Watchung Avenue, East and West Seventh Streets, Madison
Avenue, the Central Railroad of New Jersey right-of-way, New Street,
West Front Street, Washington Avenue, and the Green Brook.
(c) The restrictions contained in this section shall not apply to special
one-day events within the central business district such as parades
and other public or civic functions.
(d) A temporary peddler's license may be issued for special one-day events, such as parades and other public or civic functions, limited to the day of each particular event. The fee for such temporary license shall be Twenty-Five Dollars ($25.00) per day. The Chief of Police may waive the fingerprinting requirements of Section
9:7-6 when issuing a temporary one-day license.
[MC 1973-24, § 7, July 2, 1973; amended by MC-1980-14,
§ 2, October 20, 1980; MC 1993-10, April 5, 1993]
(a) No person shall sell, solicit the sale or offer for sale any sandwiches,
hotdogs, drinks or other edibles of similar nature, excluding ice
cream, ices, or similar products, from a basket, pushcart, motor car
or other conveyance or vehicle, or on foot without first obtaining
a food peddler's license in lieu of any other license required hereunder.
Such license shall be issued in the name of the principal only and
shall not include any assistant or assistants.
(b) The fee for such license shall be Two Hundred Fifty-Five Dollars
($255.00) per annum, the license year to run from June 1 through May
31 of each year.
(c) The license form, and application form, shall be the same as those
for general peddlers, but shall bear the words "food peddler" thereon.
(d) A temporary food peddler's license may be issued for special one-day events such as parades and other public or civic functions, limited to the day of each particular event. The fee for such temporary license shall be Twenty-Five Dollars ($25.00) per day. The Chief of Police may waive the fingerprinting requirements of Section
9:7-6 when issuing a temporary one-day license.