[HISTORY: Adopted by the Mayor and Common Council of the
City of Gloucester City 7-1-1965. Amendments noted where applicable.]
It shall be unlawful for any solicitor or canvasser, as defined in § 76-2 of this ordinance, to engage in such business within the corporate limits of the City of Gloucester City without first obtaining a license therefor as provided herein.
As used herein, shall include the singular and the plural
and shall also mean and include any "person," firm or corporation,
association, club, copartnership or society or any other organization.
As used herein, shall include, but not be limited to, any
"person," whether a resident of the City of Gloucester City or not,
traveling either by foot, wagon, automotive vehicle or any other type
of conveyance from place to place, from house to house or from street
to street, taking or attempting to take orders for sale of goods,
wares, 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 and/or exhibits
a sample of the subject of such sale or whether he is collecting advance
payments on such sales or not, provided that such definition shall
include any "person" who, for himself or for another "person," firm
or corporation, hires, leases, uses or occupies any building, structure,
shop or any other place within the City for the sole purpose of exhibiting
samples and taking orders for future delivery, and shall include the
soliciting of money and donations.
Applicants for license under this ordinance must file with the
City Clerk a sworn application in writing (in duplicate), on a form
to be furnished by the City Clerk, which shall give the following
information:
A.
Name of the applicant.
[Amended 7-25-2013 by Ord. No. O15-2013]
B.
Permanent home address of the applicant, and place or places of residence
for last three preceding years.
[Amended 7-25-2013 by Ord. No. O15-2013]
C.
A brief description of the nature of the business and the goods to
be sold, literature to be distributed or services to be rendered.
D.
If employed, the full name and address of the employer, and statement
as to whether employer is an individual, partnership or corporation.
[Amended 7-25-2013 by Ord. No. O15-2013]
E.
The length of time for which the license to do business is desired.
F.
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.
G.
A photograph, in duplicate, of applicant, taken within 60 days immediately
prior to the date of filing of the application, which picture shall
be 2 1/2 inches by 2 1/2 inches, showing the head and shoulders
of the applicant in a clear and distinguishing manner.
H.
Fingerprints of the applicant are required by all applicants. Information
regarding fingerprinting can be obtained from the Gloucester City
Police Department. Fingerprint results expire one year from date of
original results. The applicants must supply the names of at least
two reliable property owners of the County of Camden, New Jersey,
who will certify as to the applicant's good character and business
respectability, or in lieu of the names of two references, such other
available evidence as to the good character and business responsibility
of the applicant. Notwithstanding, any applicant for a license under
this ordinance who shall apply for such license for the sole purpose
of soliciting money and donations for noncommercial, charitable purposes
shall not be subject to the requirement that fingerprints be submitted
to City.
[Added 4-6-1995 by Ord.
No. 8-1995; 7-25-2013 by Ord. No. O15-2013]
I.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
including the nature of the offense and the punishment or penalty
assessed therefor.
A.
Upon receipt of such application, a copy shall be referred to the
Chief of Police and/or designee. The Chief of Police and/or designee
will notify the City Clerk of the results once received. The Chief
of Police and/or designee will make the final decision as to whether
a license may be issued.
[Amended 7-25-2013 by Ord. No. O15-2013]
B.
If, as a result of the fingerprinting, the applicant's results
are unsatisfactory, the Chief of Police and/or designee shall endorse
on such application his disapproval thereof and his reason for the
same, and return the said application to the City Clerk, who shall
notify the applicant in writing that his application is disapproved
and that no license will be issued.
C.
If, as a result of the fingerprinting results, the character and
business responsibility of the applicant are found to be satisfactory,
the Chief of Police and/or designee shall endorse on the application
his approval thereof and return the same to the City Clerk, who shall
deliver to the applicant a license. All licenses shall be numbered
consecutively. Such license shall contain the signature and seal of
the issuing officer and shall show the name and address of the licensee.
To said license shall be attached the photograph of the licensee,
signed by the Clerk in such manner that a part of his signature covers
part of the photograph, the remaining portion appearing on said license.
Said license shall state the kind of goods to be sold or services
to be rendered, the date of issuance of the license and the length
of time the same shall be operative, as well as the license number
and identifying description of any vehicle to be used by the licensee.
The Clerk shall keep a permanent record of all licenses issued.
[Amended 7-25-2013 by Ord. No. O15-2013]
[Amended 5-7-1998 by Ord.
No. 11-1998; 7-25-2013 by Ord. No. O15-2013; 12-3-2018 by Ord. No. O23-2018]
A.
At the time
of filing the application, a fee of $35 shall be paid to the City
Clerk to cover the cost of investigating the facts stated therein.
If the fingerprinting results are favorable and the applicant has
complied with the other provisions of this chapter, the applicant
shall pay a license fee of $10 per day, $50 per month or $100 per
year for each person proposing to solicit or canvass.
B.
A food license
is also required for anyone selling food items. A county inspection
report must be presented prior to license issuance.
[Amended 5-7-1998 by Ord.
No. 11-1998; 12-3-2018 by Ord. No. O23-2018]
The City Clerk shall issue to each licensee at the time of delivery
of his license a badge, which shall contain the words "Solicitor's
and Peddler's License" and "Gloucester City" and the year of
current issue, which badge shall, during the time such licensee is
engaged in soliciting or canvassing, be worn constantly by the licensee
on the front of his outer garment in such a way as to be conspicuous.
Badges shall be numbered consecutively.
Licensees are required to exhibit their licenses at the request
of any citizen with whom they seek to do business. Licenses are not
transferable.
It shall be the duty of each police officer of the City of Gloucester
City to require any person seen soliciting or canvassing and who is
not known by such officer to be duly licenses, to produce his license,
and to enforce the provisions of this ordinance against any person
found to be violating the same.
[Amended 7-25-2013 by Ord. No. O15-2013]
The Chief of Police and/or designee shall report to the City
Clerk all convictions for violation of this ordinance, and the City
Clerk shall record the reports of violations on his record of the
license.
A.
Licenses issued under the provisions of this ordinance may be revoked
by the Clerk of the City of Gloucester City 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 a licensee under this ordinance.
(3)
Any violation of this ordinance.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting business as a licensee under this ordinance in any 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.
|
Said license shall be suspended pending the outcome of the hearing
for revocation.
|
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 and that such license is suspended pending
the outcome of said hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date set for the hearing. (The address given in the application
for license shall be prima facie evidence of his last known address.)
[Amended 7-25-2013 by Ord. No. O15-2013]
Any person aggrieved by the action of the Chief of Police and/or designee or the City Clerk in the denial of or revocation of a license shall have the right to appeal to the Common Council of the City of Gloucester City. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement of appeal, setting forth fully the grounds for the appeal. The Council shall set a time and place for the hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 76-10 of this ordinance for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive.
[Amended 7-25-2013 by Ord. No. O15-2013]
A.
No person shall exercise the privilege granted by a license hereunder
before the hour of 9:00 a.m. or after the hour of 9:00 p.m. (local
time).
(1)
The governing body may change the times for various City events.
B.
No person, whether licensed or not, shall visit or call at any private
residence for the purpose of engaging in any business covered by this
ordinance when banned by the resident by a sign to that effect.
A.
The agent or other representatives of nonresidents who come within
the provisions of this ordinance shall be personally responsible for
the compliance, of their principals and of the businesses they represent,
with this ordinance.
(1)
Any person looking to be a vendor on privately owned property must
submit a letter to the City Clerk from the owner of the property showing
his approval. If vending on such private property no license will
be required. However, if food is being offered the vendor must contact
the County Board of Health for any inspections they require.
[Added 7-25-2013 by Ord.
No. O15-2013]
B.
No license shall be required of any person for any mere delivery
in this City of any property purchased or acquired in good faith from
such person at his regular place of business outside the City, where
no intent by such person is shown to exist to evade the provisions
of this ordinance.
C.
No license shall be required of any person exempted therefrom by New Jersey state law, but such person shall first establish his exempt status to the satisfaction of the City Clerk, obtain a badge pursuant to § 76-6, and he shall comply with the other regulatory provisions of this ordinance.
D.
Nonprofit organizations, incorporated or unincorporated, shall still
be required to complete the application. There will be no fee charged
but there will be a one week waiting period before approval for police
review. Vendors for City sponsored celebrations events will be handled
directly through the Celebrations Committee.
[Amended 7-25-2013 by Ord. No. O15-2013]
[Amended 7-25-2013 by Ord. No. O15-2013]
All annual (one year) licenses issued under the provision of
this ordinance shall expire one year after date of issuance. Other
than annual (one year) licenses shall expire on the date specified
in the license.
Any person violating any of the provisions of this ordinance
shall, upon conviction thereof, be punished by a fine not to exceed
$500 or by imprisonment not to exceed 90 days, or by both fine and
imprisonment.[1]
The provisions of this ordinance are declared to be severable,
and if any section, sentence, clause or phrase of this ordinance shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this ordinance, but they shall remain in effect,
it being the legislative intent that this ordinance shall stand notwithstanding
the invalidity of any part.
All ordinances or parts of ordinances inconsistent with the
provisions of this ordinance be and the same are hereby repealed.
This ordinance shall take effect from and after its passage
and publication as provided by law.
