[HISTORY: Adopted by the Township Committee of the Township of West Deptford 6-18-1970 as Section 12:3 of the General Ordinances. Amendments noted where applicable.]
It shall be unlawful for any peddler, hawker, vendor, canvasser or solicitor, as hereinafter defined, to engage in such activity within the Township of West Deptford without first obtaining a license therefor in accordance with the provisions of this chapter.
When used in this chapter, the following terms shall have the following meanings:
- ITINERANT MERCHANTS, TRANSIENT VENDORS AND SALESMEN
- Shall be defined in the category of peddler, hawker, vendor, solicitor or canvasser, as set forth herein.
- PEDDLER, HAWKER AND VENDOR
- Includes any person, whether a resident of the Township of West Deptford or not, traveling either by foot, vehicle or any other type of conveyance, who goes from house to house, from place to place or from street to street, conveying or transporting goods, wares or merchandise and offering or exposing the same for sale, or making sales and delivering articles to purchasers, or who engages in any of the foregoing activities from a stationary location on the street or other public place.
- Includes any partnership, partner, corporation or corporations or persons, except as defined in § 121-11C hereinafter.
- SOLICITOR OR CANVASSER
- Includes any person, whether a resident of the Township of West Deptford or not, who goes from house to house, from place to place or from street to street, soliciting or taking or attempting to take orders for the sale of services to be performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject for such order, and whether or not he is collecting advance payments on such orders, or who engages in any of the foregoing activities from a stationary location on the street or other public place.
Applicants for a license under this chapter shall file with the Police Chief a sworn application in writing on a form to be furnished by the Police Chief, which shall give the following information:
Name and description of the applicant.
Permanent home address and local mailing address, if any, of the applicant.
A brief description of the nature of the business, the goods to be sold and the name and address of the principal office of their manufacturer, as well as the name and address of the agent designated to receive service of process in the State of New Jersey.
If employed, the name and address of the employer.
The length of time for which the right to do business is desired.
A photograph of the applicant taken within 60 days immediately prior to the date of the filing of the application.
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violations of any municipal ordinance, other than a traffic violation; the nature of the offense and the punishment or penalty assessed therefor.
Whether or not orders are to be solicited or taken for future delivery of goods or performance of services.
The applicant shall be fingerprinted at the request of the Police Chief.
The time of solicitation, peddling, hawking, vending and canvassing shall be between the hours of 9:00 a.m. and 5:00 p.m.
Upon receipt of application required under Section 121-3, the Police Chief of the township shall cause an investigation to be made into the applicant's business and moral character. The Police Chief and the Police Department of the Township of West Deptford shall be the enforcement officials charged with the duty of enforcing the provisions of this chapter in accordance with the procedures and standards set forth in Chapter 51, Police Department.
If, as a result of such investigation, the Police Chief shall determine that the applicant's business and moral character is such as would create a threat to the health, welfare and safety of the inhabitants of the township if the applicant were able to conduct the business regulated under the provisions of this chapter, the Police Chief shall endorse the application "disapproved" and state on the application or by an accompanying separate letter the facts upon which the determination referred to above was based and return the application to the applicant.
Any applicant whose application has been disapproved under the provisions set forth above may, within 30 days of receipt of application marked "disapproved," request a hearing before the Township Committee. Upon receipt of request for hearing, the Township Clerk shall notify applicant within 10 days as to the time and place of requested hearing, which shall be held not later than six months from the date of the receipt of request. At said hearing, the Township Committee shall have the power to review the actions of the Police Chief and to uphold, modify or rescind the action taken. Said hearing shall be conducted to meet requirements of due process of law.
[Amended 3-10-2011 by Ord. No. 2011-01]
No license issued pursuant to this chapter shall be valid unless and until said license shall be affixed with the township stamp. A stamped license shall be prima facie evidence of the payment of the fees required under this chapter.
All licenses issued must be worn in such a manner as to be readily visible when the holders thereof are engaged in the activities regulated herein.
All licenses issued under this chapter shall expire at the end of the calendar year in which they are issued. Licenses shall not be transferable and must be surrendered after expiration before a renewal license can be issued.
Cause. Licenses issued under this chapter may be revoked by the Chairman of the Public Safety Committee, after reasonable notice and hearing, for any of the following causes:
Misrepresentation or false statement contained in the application for the license.
Misrepresentation or false statement made in the course of carrying on activities regulated herein.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting the business of soliciting and canvassing in an unlawful manner, in violation of this chapter, or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Procedure. Notice of hearing for revocation of a license shall be given in writing, setting forth the grounds of complaint and the time and place of hearing. Such notice shall be served personally upon the licensee or mailed, postage prepaid, to the licensee at the addresses given by the licensee in making application under § 121-3 herein, at least five days prior to the date set for hearing.
Any person aggrieved by the action of the Police Chief in the denial of an application for a permit or license as provided in § 121-4, or in the decision with reference to the revocation of a license as provided in § 121-8, shall have the right of appeal to the Township Committee of the Township of West Deptford. Such appeal shall be taken by filing with the Township Committee, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Township Committee shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 121-8B for notice of hearing on revocation. The decision and order of the Township Committee on such appeal shall be final and conclusive.
The equipment used or employed by peddlers, hawkers and vendors of ice cream, foods, beverages, confections and other related commodities shall be maintained in a clean and sanitary manner and be subject to inspection by the Board of Health and fully comply with the laws of the State of New Jersey, the rules and regulations of the State Department of Health, the ordinances of the Township of West Deptford and the rules and regulations of the Board of Health.
Perishable goods. This chapter shall not be construed to include the selling of any article at wholesale to dealers in such articles or the delivery of milk, eggs, bread, newspapers or other such necessary and perishable articles of food or merchandise of a type commonly delivered on a house-to-house basis at intervals of less than one week.
Veterans. Any veteran who holds a special license issued under the laws of the State of New Jersey shall be exempt from securing a license or paying the fee as provided herein, but shall be required to comply with all other applicable sections of this chapter and shall be required to register with the Police Chief and obtain a permit, which will be issued by the police officer upon proper identification and exhibition of such state license.
Any nonprofit religious, charitable, educational, civic or veterans organization, society, association, service club, volunteer first aid or fire company, etc., desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind, or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited, from persons other than members of such organization at any place or places within the Township of West Deptford for a charitable, religious, patriotic or philanthropic purpose, shall be exempt from the provisions of §§ 121-1, 121-4 and 121-5 of this chapter, provided there is filed a sworn application in writing with the Police Chief, which shall give the following information:
Name and purpose of the cause for which the permit is sought.
Name and address of the organization.
Period during which solicitation is to be carried on.
Name and address of each agent or representative who will conduct solicitations and the length of time that said agent or representative has been employed or affiliated with such organization, society, association or corporation.
Upon being satisfied that such person, organization, society, association, etc., is a bona fide nonprofit religious, charitable, educational, patriotic or philanthropic organization, and that the agents or representatives who shall conduct the solicitation are of good moral character and reputation, the Police Chief shall issue a permit without charge to such organization, association or corporation to solicit in the township. Such organization, association, society, corporation, etc., shall furnish all its members, agents or representatives conducting solicitation with credentials in writing, stating the name of the organization, name of the agent and the duration and purpose of solicitation.
Any nonprofit religious, charitable, educational, civic or veterans organization, society, association, service club, volunteer first aid or fire company, etc., which is located in West Deptford Township, is hereby exempt from the provisions of this chapter.