[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-15-2018 by Ord. No. 7-0-18[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 87, Peddlers and Solicitors, comprising Art. I, Ordinary Peddlers and Solicitors, adopted 4-8-1959, as amended; Art. II, Ice Cream Vendors, adopted 6-15-1955, as amended; and Art. III, Seasonal Merchandise, adopted 11-16-1987 by Ord. No. 12-86-87.
A.
This chapter is adopted with the intent to regulate peddling, soliciting,
and canvassing, as well as related activities, within the Borough
of Wanaque by means of person-to-person contact or by placing unsolicited
material on real property and the registration of individuals and
organizations engaged in such activity and is hereby deemed to be
necessary so that the identity of persons going from door to door
soliciting within the municipality may be established; so that general
regulations may be more effectively enforced for the protection and
maintenance of the health, safety, and welfare of the inhabitants
of the Borough of Wanaque, and to prevent dishonest business practices
and fraudulent solicitation of funds.
B.
Exemptions. Exemptions from permit requirements only:
A.
No person shall peddle, canvass or solicit any public or quasi-public
place or call from house to house in the Borough or sell goods by
sample or take orders for future delivery or sell services or take
orders for the performance of services, whether or not they receive
advance payments of goods, unless they shall first apply and receive
a written permit from the Clerk of the Borough of Wanaque and fully
comply with the provisions herein.
B.
CANVASSING
PEDDLING, CANVASSING, AND SOLICITING
Definition. As used in this chapter, the following terms shall have
the meanings indicated:
The practice from going to house to house, residence to residence
or business to business for the purpose of distribution of literature,
pamphlets, handbills, and the like for the purposes of distributing
information or seeking support for a cause, specifically including
but not limited to political campaning, circulation of a petition,
and seeking contributions for a cause.
Any person travelling, either by foot or by any other type
of conveyance, from place to place, house to house, residence to residence,
or from street to street, taking or attempting to provide or take
orders to provide in the future for the sale of any goods or services,
wares, and merchandise, or personal property of any nature whatsoever
for present or future delivery or for services to be furnished presently
or performed in the future, including direct sales and taking orders
for future deliveries, whether or not such individual is carrying
or exposing for sale a sample of the subject of such sale or future
order, or whether they are collecting advance payment on such sale
or not. The language of this definition shall not include wholesale
sale persons who periodically call upon retail merchants. Except the
following shall be exempt from the provisions of this chapter; organizations
such as, but not limited to, school or educational clubs or organizations,
scouting organizations, athletic programs, church, parish or religious
organizations, civic clubs and organizations.
No person, organization or entity shall engage in peddling,
canvassing or soliciting without obtaining a license therefor from
the Borough of Wanaque. The procedure for obtaining the license shall
be set forth hereinafter.
A.
The applicant shall submit to the Clerk of the Borough of Wanaque
a completed peddling, canvassing, soliciting and sworn application,
in writing, which shall provide the following information:
(1)
The applicant's full name, place, date of birth, and social security
number if an individual or if a corporation, limited-liability company,
or business using a trade name, the date and place of incorporation,
or formation, county of trade name designation filed and certificate
of authority to conduct business on behalf of the entity;
(2)
The applicant's permanent home address and full local address;
(3)
Description of the nature of the business and goods sold or sought
to be sold;
(4)
The length of time for which the right to peddle, canvass or solicit
is desired, which in no circumstance shall exceed one year;
(5)
A description of any vehicle to be used, and its license plate number;
(6)
The route planned to be taken by the person or entity and a corresponding
list of days the person or entity will be soliciting;
(7)
A statement as to whether or not the applicant has ever been convicted
of a crime, disorderly persons offense, misdemeanor, or violation
of municipal ordinance, the nature of the offense and the penalty
imposed therefor;
(8)
A two-inch-square recent photograph of the applicant;
(9)
The name and address of two New Jersey residents as references who
will certify as to the good character and business responsibility
of the applicant;
(10)
A list of all municipalities in which the applicant has conducted
solicitations, canvassing or peddling within the last year;
(11)
If applicable, proof of a current New Jersey sales tax identification
number, a New Jersey tax clearance certificate, and registration for
collection and remittance of New Jersey State sales tax and in the
case of those engaged in servicing sales or products a letter from
the manufacturer, dealer or employer authorizing the applicant to
act as his representative.
B.
Each application shall be referred to the Wanaque Police Department,
which shall, within a reasonable period of time, institute such investigation
of the applicant, its business, reputation, and past practices, as
it deems necessary for the protection of the public good. No license
shall be issued until the application shall be approved by the Clerk
of the Borough of Wanaque. The approval or rejection shall be endorsed
on the application by the Chief of Police or his designee.
C.
Nontransferability.
(1)
A license issued shall not be transferable from person to person
or entity to entity to whom it may be issued. A separate license must
be obtained for each person and for a person or business, and for
any agent or employee working with them. If the Borough Clerk denies
the applicant for a license, they shall set forth, in writing, the
reasons therefor, which such writing shall be submitted to the applicant.
(2)
If the applicant is dissatisfied with the decision of the Borough
Clerk, they may appeal that decision to the governing body of the
Borough of Wanaque by requesting a hearing, in writing, to the Wanaque
Borough Clerk. Said hearing shall be scheduled by the governing body
and shall be conducted within 30 days of the receipt of such request.
After the hearing, the governing body shall either affirm or overrule
the decision of the Wanaque Police Department. If the decision is
affirmed, no license shall be issued. If the decision is overruled,
the Wanaque Borough Clerk shall immediately cause the license to be
issued.
D.
Revocation of license; appeal:
(1)
The license granted may be revoked at any time by the Borough Clerk
if:
(a)
Any section of this chapter is violated;
(b)
The holder of such license is convicted of any crime or found
to have been convicted of any crime;
(c)
The holder of such license conducts themselves so as to create
a public disturbance or nuisance;
(d)
The holder of such license is guilty of fraudulent acts;
(e)
The holder of such license has or established a record of continual
breaches of solicited contracts;
(f)
The holder of such license conducts business in an unlawful
manner or in such a manner as to constitute a breach of the peace
or constitute a menace of the health, safety or general welfare of
the public;
(g)
The holder of such license is found to be guilty of fraud, misrepresentation,
or false statements in the license application or in its business
practices.
(2)
The holder of any license to be revoked shall be notified, in writing,
by the Wanaque Borough Clerk of the revocation and the reasons therefor.
If the holder of any license is revoked or dissatisfied with the decision,
they may appeal the decision to the governing body by requesting a
hearing, in writing, delivered to the Wanaque Borough Clerk. Such
requests must be filed within 14 days of denial. The governing body
shall either affirm revocation by the Wanaque Chief of Police or his
designee.
A.
Every person authorized under this chapter and holding a license
shall be required to carry the license and identification tag issued
to him and produce it upon request of any solicited resident of the
Borough. They shall attach to their outer garment an identification
tag or card with their name and license number plainly inscribed thereon.
Such tag or card shall be supplied by the Borough of Wanaque at a
cost of $5 for each card issued.
B.
The fee for the issuance of a license shall be in the amount of $100
per person or entity.
C.
The license hereunder shall expire at the end of the calendar year
in which issued.
No person or entity shall engage in canvassing, soliciting or
distributing between the hours of 9:00 p.m. and 8:00 a.m., prevailing
time, and only main door entrances shall be used in effecting such
peddling, canvassing, soliciting or distributing, which shall be allowed
every day with the exception of Sunday and legal holidays.
The requirements of this chapter shall not apply for the following:
A.
Any person honorably discharged in the military service of the United
States, possessing a peddler's license issued in conformity with N.J.S.A.
45:24-9 and 45:24-10; however, such person or entity shall obtain
an identification card from the Wanaque Borough Clerk, which card
shall be provided without charge;
B.
Any person engaged in the delivery of goods, wares or merchandise
or other articles or things in the regular course of business to the
premises of persons who have previously ordered the same or are entitled
to receive the same by reason of prior agreement;
C.
Any public utility or its employees or said public utility is subject
to regulation by the New Jersey Board of Regulatory Commissioners.
This chapter shall not apply to anyone distributing literature,
handbills, pamphlets and the like from person to person in any public
form or public area. Nothing in this chapter shall be construed to
have any effect upon enforcement by the police of traffic laws or
other laws in the event that there is a violation thereof.
Nothing herein shall be construed so as to afford solicitors,
canvassers or peddlers the right to enter into any property on which
is located a sign or signs stating "No Solicitors" or carrying a similar
message forbidding the entry of any persons onto the property.
There shall be kept in the office of the Wanaque Borough Clerk
the necessary books for recording the time, the application for license
received, the name and address of the licensee and application form,
and whether or not the application was approved, the date the license
was issued or rejected. The Borough of Wanaque Clerk shall file periodic
reports with the governing body showing the number of licenses granted
no less than once per year.
Any person or entities violating the provisions of this chapter
shall be subject to a fine not exceeding $1,000 and/or may be incarcerated
for a period not exceeding 90 days and/or be subject to a period of
community service not exceeding 30 days, and the license so issued
shall be revoked.
Any ordinance inconsistent with this chapter shall be repealed,
but only to the extent of such inconsistencies.
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be unconstitutional, or invalid,
such decision shall not affect the remaining portions of this chapter.
This chapter shall take effect upon final adoption, approval
and publication according to law.
Any corporation, limited-liability company, individual or other
business entity, including those operating under a trade name, shall
supply with its application a current New Jersey tax certificate,
proof of current authority to operate as such, and a New Jersey clearance
certificate.
[Adopted 6-10-2019 by Ord. No. 3-0-19]
For the purposes of this article, the terms herein are defined
as follows:
Any person, firm, partnership, or corporation who sells ice
cream and ice cream products from any vehicle, motorized or otherwise,
wherein ice cream and ice cream products are carried on or attached
by a contraption to the vehicle itself.
No mobile ice cream and ice cream products vendor shall operate
in the Borough of Wanaque without a permit to do so. For each mobile
vendor of ice cream and ice cream products, the annual permit fee
shall be $200 per vehicle.
Permits may only be obtained by an application in writing to
the Chief of Police setting forth:
A.
Age of applicant.
B.
Address of applicant.
C.
Proof of having food handler's certificate issued by the Wanaque
Board of Health.
D.
Type of vehicle used.
E.
Proof of having sufficient automobile liability insurance on vehicle
used in vending.
F.
Any vehicle to be used for vending shall be inspected by the Police
Department and where warranted as hazardous materials are determined
to be on the vehicle, a further inspection and approval shall be made
by the Borough's Fire Prevention Bureau Chief. Said inspection shall
ascertain compliance with the motor vehicle laws of the State of New
Jersey and/or safe handling practices of hazardous materials.
G.
Each motor
vehicle utilized by the applicant shall have the name, address, and
the telephone number of the bidder on both sides of the truck in two-inch
letters of contrasting color.
[Added 6-13-2022 by Ord. No. 4-0-2022]
A.
All holders of mobile ice cream and ice cream products vending licenses
under this article shall sell their products in the Borough of Wanaque
only between the hours of 9:00 a.m. and 9:00 p.m., prevailing time.
The number of licenses for mobile vendors of ice cream and ice cream products shall be three, and each licensee shall have the privilege of operating two vehicles under the license. The licensee shall pay the license fee as set forth in § 87-17 of this article.
Each license issued under this article shall be in effect from
January 1 through December 31 of the year of issue.
Any person who violates any of the provisions of this article
shall be subject to a fine of not more than $500 or may be committed
to the county jail for a period not exceeding 90 days, or both.
