[HISTORY: Adopted by the Township Committee of the Township
of Winslow 8-28-70 by Ord. No. 0-11-70 as Ch. 31 of the 1970 Code of the Township of Winslow. Certain sections
renumbered 10-9-18 by Ord. No. O.2018-020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This legislation was originally adopted
4-30-65 as Ord. No. 0-2-65.
It shall be unlawful for any person to engage in the business
of solicitor, canvasser or peddler, as hereinafter defined, within
the corporate limits of the Township of Winslow, without first obtaining
a permit and license therefor as provided herein.
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual, whether resident of the Township of Winslow
or not, traveling either by foot, wagon, automobile, motor truck or
any other type of conveyance from place to place, from house to house
or from street to street, taking or attempting to take or solicit
contributions of money or other things of value, or to take orders
for sale of goods, wares and merchandise, personal property of any
nature whatsoever for future delivery, or for services to be furnished
or performed in the future, whether or not such individual has, carries
or exposes for sale a sample of the subject of such sale or whether
he is collecting advance payments on such sales or not, provided that
such definition will include any person who, for himself or for another
person, firm or corporation, hires, leases, uses or occupies any building,
structure, tent, railroad boxcar, boat, hotel room, lodging house,
apartment, shop or any other place within the Township for the sole
purpose of exhibiting samples and taking orders for future delivery,
and further provided that one who solicits orders and as a separate
transaction makes deliveries to purchasers as a part of a scheme or
design to evade the provisions of this chapter shall be deemed a peddler
subject to the provisions of this chapter. The word "peddler" shall
include the words "hawker", "huckster" and "itinerant vendor."
[Amended 9-27-16 by Ord. No. O-2016-020]
Includes the singular and the plural and also means and includes
any person, firm or corporation, association, club, copartnership
or society or any other organization.
[Amended 9-27-16 by Ord. No. O-2016-020]
A.
Applicants for permits and licenses under this chapter must file
with the Township Clerk a sworn application in writing, in duplicate,
which shall give the following information:
(1)
Name and description of the applicant.
(2)
Permanent home address and full 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 establishing the exact relationship.
(5)
The length of time for which the right to do business is desired.
(6)
The place where the goods or property proposed to be sold, or orders
taken for the sale thereof, are manufactured or produced, where such
goods or products are located at the time said application is filed
and the proposed method of delivery.
(7)
A photograph of the applicant taken within sixty (60) days immediately
prior to the date of filing of the application, which picture shall
be two by two (2 x 2) inches showing the head and shoulders of the
applicant in a clear and distinguishing manner.
(8)
The fingerprints of the applicant and the names of at least two (2)
reliable property owners of the County of Camden, State of New Jersey,
who will certify as to the applicant's good character and business
respectability or, in lieu of the names of references, such other
available evidence as to the good character and business responsibility
of the applicant as will enable an investigator to properly evaluate
such character and business responsibility.
(9)
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
(10)
A statement by a reputable physician of the County of Camden,
dated not more than ten (10) days prior to submission of the application,
certifying the applicant to be free of contagious, infectious or communicable
disease.
B.
At the time of filing the application, a fee of five dollars ($5.)
shall be paid to the Township Clerk to cover the cost of investigation
of the facts stated therein.
A.
Upon receipt of such application, the original shall be referred
to the Chief of Police, or his/her designee, who shall cause such
investigation of the applicant's business and moral character
to be made as he deems necessary for the protection of the public
good. As part of said investigation, the Police Department may require
the applicant to submit to a criminal history background check, provided
that where the Camden County Prosecutor has so authorized, the Township
shall accept the results of a criminal history background check dated
within six (6) months of the date of the application which the applicant
was required to obtain for a peddling and soliciting license in another
municipality.
[Amended 9-27-16 by Ord. No. O-2016-020]
B.
If as a result of such investigation the applicant's character
or business responsibility is found to be unsatisfactory, the Chief
of Police shall endorse on such application his disapproval and his
reasons for the same and return the said application to the Township
Clerk, who shall notify the applicant that his application is disapproved
and that no permit and license will be issued.
C.
If as a result of such investigation the character and business responsibility
of the applicant are found to be satisfactory, the Chief of Police
shall endorse on the application his approval, execute a permit addressed
to the applicant for the carrying on of the business applied for and
return said permit, along with the application, to the Township Clerk,
who shall, upon payment of the prescribed license fee, deliver to
the applicant his permit and issue a license. Such license shall contain
the signature and seal of the issuing officer and shall show the name,
address and photograph of said licensee, the class of license issued
and the kind of goods to be sold thereunder, the amount of fee paid,
the date of issuance and the length of time the same shall be operative,
as well as the license number and other identifying description of
any vehicle used in such soliciting or canvassing. The Clerk shall
keep a permanent record of all licenses issued.
[Amended 4-6-89 by Ord. No. 0-22-89]
The license fee for such license shall be twenty-five dollars
($25.). Said license shall be valid until December 31 of the year
in which the same has been issued.
The Township Clerk shall issue to each licensee at the time
of delivery of his license a badge which shall contain the words "Licensed
Solicitor or Peddler," the period for which the license is issued
and the number of the license, in letters and figures easily discernible
from a distance of ten (10) feet. Such badge shall, during the time
such licensee is engaged in soliciting, be worn constantly by the
licensee on the front of his outer garment in such a way as to be
conspicuous.
Solicitors and canvassers are required to exhibit their licenses
at the request of any citizen.
It shall be the duty of any police officer of the Township of
Winslow to require any person seen soliciting or canvassing and who
is not known by such officer to be duly licensed, to produce his solicitor's
or canvasser's license, and to enforce the provisions of this
chapter against any person found to be violating the same.
A.
Permits and licenses issued under the provisions of this chapter
may be revoked by the Township Committee of the Township of Winslow,
after notice and hearing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as solicitor or as canvasser.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business of soliciting or of canvassing 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
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 last known address at least five (5)
days prior to the date set for hearing.
[Amended 7-26-78 by Ord. No. 0-13-78]
A.
All religious, charitable and fraternal nonprofit organizations are
hereby exempt from all requirements of this chapter, except that said
religious, charitable and fraternal nonprofit organizations shall
obtain a permit and file with the Township Clerk a sworn application
in writing, in duplicate, which shall give the following information:
(1)
Name, description and social security number of the applicant.
(2)
Permanent home address, full local address and motor vehicle registration
number 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 establishing the exact relationship.
(5)
The length of time for which the right to do business is desired.
(6)
The place where the goods or property proposed to be sold, or orders
taken for the sale thereof, are manufactured or produced, where such
goods or products are located at the time said application is filed
and the proposed method of delivery.
B.
If applicable, said applicant shall attach to his application a letter
from his organization authorizing solicitation and for what cause.
[Added 10-9-18 by Ord. No. O.2018-020]
No licensee or anyone on behalf of a licensee shall solicit,
canvass or peddle in any manner at any time other than between the
hours of 9:00 a.m. and dusk Monday through Saturday.
[Added 10-9-18 by Ord. No. O.2018-020]
A.
The Winslow Township Police Department shall prepare a list of addresses
of those premises where the owner and/or occupant has notified the
Police Department that peddling, soliciting, canvassing, hawking and
door-to-door sales enterprising as set forth in this Chapter are not
permitted on the premises (hereinafter referred to as the "Do Not
Knock Registry"). Notification shall be by completion of a form available
at the Police Department during normal business hours.
B.
Any owner and/or occupant who has requested enlistment on the Do
Not Knock Registry, pursuant to this Chapter herein, shall be able
to obtain from the Police Department a sticker for display at his/her/its
premises indicating enlistment on the Do Not Knock Registry.
C.
Owners and/or occupants who are placed on the Do Not Knock Registry
at their request, shall remain on the Do Not Knock Registry until
such time as they advise the Police Department in writing that they
wish to be removed from the list.
D.
At the time of issuing every license pursuant to the provisions of
this Chapter the Township Clerk shall refer the licensee to the Police
Department and the Police Department shall distribute the current
Do Not Knock Registry to the licensee. The Do Not Knock Registry provided
to licensees shall only include the physical address of the enlisted
premises. The licensee shall not peddle, solicit, canvas, hawk or
conduct door-to-door sales at any premises identified on the then
current Do Not Knock Registry.
E.
Notwithstanding the right of revocation reserved to the Township
Committee herein, and in addition to same, it shall be the duty of
any police officer of the Township of Winslow to require any person
peddling, soliciting, canvassing or hawking and who is not known by
such officer to be duly licensed, to produce his or her peddler's
license and/or badge and/or to otherwise enforce any of the provisions
of this Chapter against any person found to be violating same.
[Added 9-27-16 by Ord. No. O-2016-020]
This chapter shall not be construed to require a license hereunder
when a person makes a written or verbal solicitation for snow shoveling
services so long as said services are offered within 24 hours of a
snowstorm that has been predicted by a commonly recognized commercial
or governmental weather reporting entity.
[Amended 9-27-16 by Ord. No. O-2016-020]
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be punished by a fine not to exceed two hundred
dollars ($200.) or by imprisonment not to exceed one (1) year, or
by both such fine and imprisonment.
