It shall be unlawful for any peddler, hawker, solicitor, canvasser or transient merchant to sell or offer to sell or dispose of or distribute any goods, wares or merchandise, or to contract for services to be rendered, or to take or offer to take orders for any goods, wares, merchandise or services to be rendered or delivered in the future, within the borough, without first obtaining a license therefor as provided in this chapter.
A. 
Any person desiring to peddle, hawk, solicit or canvass shall file an application with the Police Department and an application with the Board of Health. Each application shall be in duplicate and sworn to by the applicant.
B. 
Persons desiring an exemption from the provisions of this chapter, as provided in Section 86-9, shall be required to file the applications provided for in Subsection A above.
A. 
Every application required under this chapter, by the Police Department, shall contain the following information:
(1) 
Name and permanent and local addresses of the applicant.
(2) 
Age, weight and height of the applicant.
(3) 
Description and registration number of the vehicle to be used, if any, the name of its owner, and the number and state of issuance of the applicant's driver's license.
(4) 
If the applicant is employed or acting as agent or representative of an organization or person, the name and address of such employer, organization or person.
(5) 
Nature of the business to be conducted and the type of merchandise to be sold or distributed or services to be solicited.
(6) 
Length of time for which the license is desired.
(7) 
At least three business or character references located in the County of Camden, State of New Jersey, or, in lieu thereof, such other available evidence of the character or business responsibility of the applicant as will enable an investigator to properly evaluate such character and responsibility.
(8) 
Places where the applicant has resided for a period of three years immediately prior to making the application.
(9) 
Whether the applicant has ever been convicted of a crime or as a disorderly person or of any violation of any ordinance regulating peddlers, hawkers, solicitors or canvassers, stating the date of each conviction, name of the court, violation charged in the complaint and the disposition thereof.
(10) 
The place where the merchandise or services to be sold or offered for sale are manufactured or produced, where such goods or property are located at the time such application is filed and the proposed method of delivery.
(11) 
The dates, days and routes of the business in the Borough of Lawnside.
B. 
Said application, required by the Police Department, shall be accompanied by:
(1) 
A letter or written statement from the individual, firm or corporation employing or represented by the applicant, certifying that the applicant is authorized to make the application and to act as the employer's representative.
(2) 
A recent photograph of the applicant taken within one year of the date of the application and whose dimensions shall be approximately passport size, 2 1/2 x 2 1/2 inches in size showing the head and shoulders of the applicant in a clear and distinguishing manner.
(3) 
Fees, as hereinafter prescribed.
C. 
The applicant shall provide all information requested by the Board of Health on the forms as provided for by the Board of Health. The applicant shall pay the application fee as hereinafter prescribed.
A. 
The Chief of Police shall cause such investigation to be made of the applicant's business and moral character as he deems necessary for the protection of the public good.
B. 
The applicant's fingerprints shall be taken and compared with fingerprints on file with the Federal Bureau of Investigation and the State Bureau of Identification.
C. 
Approval or rejection of application by Chief of Police.
(1) 
Based upon his investigation and findings, the Chief of Police shall signify his approval or rejection of the application.
(2) 
Rejection of the application by the Chief of Police under this subsection shall be based on one or more of the following findings with respect to the applicant:
(a) 
Conviction of a crime involving moral turpitude.
(b) 
Prior violation of a peddling or soliciting ordinance.
(c) 
Previous fraudulent acts or conduct.
(d) 
Record of breaches of solicited contracts.
(e) 
Concrete evidence of bad character.
(3) 
In the absence of any such findings, the Chief of Police shall find the applicant satisfactory.
D. 
The Board of Health shall cause its investigation to be made of the applicant and his product and his business operation and signify its approval or rejection of the application.
A. 
Upon approval by the Chief of Police and the Board of Health and upon payment of the required fees and the approval of Council, the Borough Clerk shall issue all licenses and keep all necessary records pertaining thereto.
B. 
Such issued licenses shall not be transferable or assignable to any other person.
C. 
Each individual, whether an employer or employee, who shall personally engage in the activities set forth in Section 86-3 shall obtain the necessary license.
Every licensee shall have his license in his possession while engaged in the business licensed. The licensee shall produce his license at the request of any person solicited, any borough police officer or any official of the borough.
A. 
An application fee of $10 shall be paid for the processing of each license application. This application fee shall cover both the Police Department application and the Board of Health application.
B. 
The fee for an annual license shall be $50.
C. 
If the license is required for a period of less than one year, the license fee shall be $2 per day, $10 per week, $30 per month, but not more than the annual license fee shall be charged any applicant.
D. 
The following persons are expressly exempt from the payment of any license fees:
(1) 
Nonprofit-making vendors.
(2) 
Any person honorably discharged from the military service of the United States, possessing a peddler's license issued in conformity with N.J.R.S. 45:24-9 and 24-10.
(3) 
Any person who is an exempt fireman, as defined by N.J.R.S. 45:24-9 and 24-10, possessing a license in conformity with said law.
(4) 
Any other person holding a license or permit issued under any legislation of the United States Government or by a state agency pursuant to statute.
(5) 
Political group: a nonprofit association of persons sponsoring or advocating certain ideas of government or maintaining certain political principles or beliefs in public policies of government or advocating the candidacy of any individual for elective office.
(6) 
Religious group: a nonprofit association of persons associated for the purpose of maintaining, advocating and/or espousing certain religious principles and beliefs.
(7) 
Charitable groups: a nonprofit association of persons that freely and voluntarily administers to the needs of those persons unable to help themselves, and generally associated to serve the public good and welfare without profit.
(8) 
Civic group: a nonprofit association of persons engaged in promoting the common good and general welfare of the residents of the municipality. Such definition shall include but not be limited to school groups, benevolent societies and service clubs engaged in nonprofit activities.
(9) 
Nonprofit organizations with Lawnside residence. Political groups, religious groups, charitable groups and civic groups with nonprofit status are exempt from all the provisions of this entire chapter, provided that the following exists:
(a) 
At least 50% of such group's membership are residents of the Borough of Lawnside;
(b) 
Such group's place of business or operational locale is the Borough of Lawnside; and
(c) 
Such group's activities are primarily conducted within the Borough of Lawnside.
E. 
Any person claiming an exemption:
(1) 
Under Subsection D of this section shall indicate on the application the status claimed.
(2) 
As an exempt fireman or veteran pursuant to N.J.R.S. 45:24-9 and 24-10 shall exhibit to the Chief of Police or officer in charge of police headquarters and the Board of Health, a copy of the license issued by the Clerk of the County pursuant to N.J.R.S. 45:24-10. Nothing in this paragraph exempts said persons from having to obtain the necessary approvals from the Chief of Police and the Board of Health and final approval from the Borough Council prior to them operating their business in the municipality.
A license shall be issued for a term not to exceed one year. Each license shall expire on December 31 of the year in which it is issued unless sooner indicated upon the license.
A. 
No person shall stand or park a vehicle for the purpose of displaying or selling wares or merchandise on public or private property within a business district, residential areas, commercial areas or office park areas, as designated by the Borough Zoning Ordinance.
B. 
No person shall sell, solicit or offer to sell or solicit, or peddle merchandise, services, or any matter except between the hours of 10:00 a.m. and 6:00 p.m. The above activities are prohibited on holidays.
[Amended 6-4-2014 by Ord. No. 04-CY2014]
C. 
No person shall sell, offer for sale, or display merchandise by use of or from a stand, carrier, cart or other means of conveyance, or by any other means while in a fixed or semi-stationary location on any private property, any sidewalk, public right-of-way, public thoroughfare or other public property. "Semi-stationary" is intended to include the stopping, standing or parking on private property, a sidewalk, right-of-way, public thoroughfare or public property for a period exceeding one hour during any twelve-hour period.
D. 
All circulars, samples, merchandise or other matter shall be handed to an occupant of the property or left in a secure place on the premises.
E. 
No person subject to the provisions of this chapter shall:
(1) 
Enter or attempt to enter the house or apartment of any resident of the Borough of Lawnside without an express invitation from the occupant of said house or apartment.
(2) 
Attempt to canvass, solicit or peddle merchandise or other matter without first having identified himself as a canvasser, solicitor, peddler or transient merchant registered with the borough and without displaying his certificate.
(3) 
Have exclusive rights to any location in the public streets or operate in a congested area where his operation might impede or inconvenience the public.
(4) 
Make any solicitation within the borough limits where solicitors are notified by a sign that soliciting is prohibited.
(5) 
Conduct himself in such a manner as to become objectionable or annoy any person while canvassing, soliciting or peddling within the borough limits.
(6) 
Distribute obscene merchandise or printed material or that which advocates unlawful conduct.
(7) 
Litter the streets, public places or property within the borough with any merchandise or printed material.
A. 
Licenses issued under this chapter may be revoked by the Chief of Police, after notice and hearing, for any of the following causes;
(1) 
Fraud, misrepresentation or false statement in the application for the license.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on the licensed business in the borough.
(3) 
Any violation of this chapter.
(4) 
Conviction of any crime involving moral turpitude or of a violation of any ordinance concerning peddling, hawking, soliciting or canvassing.
(5) 
Conducting the licensed business in the borough in an unlawful manner or in such a manner as to constitute a breach of the peace or as to become objectionable or annoy any person or to constitute a menace to the health, safety or general welfare of the public.
B. 
Licenses issued under this chapter may be revoked by the Board of Health, after notice and hearing, for any of the following causes:
(1) 
Failure to comply with all health regulations of the Borough of Lawnside.
(2) 
Failure to comply with all health regulations required by the County of Camden.
(3) 
Failure to comply with all health regulations required by the State of New Jersey.
(4) 
Failure to comply with any local ordinance, state or federal statutes.
C. 
Licenses issued under this chapter may be revoked by the Borough Council of the Borough of Lawnside, after notice and hearing, for any of the following causes:
(1) 
All causes as listed in Section 86-12, Subsections A and B.
D. 
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 given personally or mailed to the licensee at his last known address at least five days prior to the date set for hearing.
E. 
Each license may, pending revocation proceedings, be suspended for not more than 10 days by the Chief of Police, Board of Health or Borough Council, if in their opinion the conduct of the licensee is detrimental to the health, safety and welfare of the borough.
The mere distribution of circulars, handbills or samples on a door-to-door basis, which activity does not involve any form of oral or physical contact between the distributor and the distributee, shall be exempt from regulation by the provisions of this chapter. However, if such activity involves any form of activity described in the other provisions of this chapter, then in that event such activity shall be regulated by the appropriate provisions of this chapter.
This amended chapter does not prohibit peddlers, solicitors, canvassers or transient merchants from selling merchandise from door to door wherein such sales are to the owners or occupiers of dwellings or buildings wherein such sales and the delivery of merchandise occurs on the private property of such owners and/or occupiers.
All licensees who have held yearly licenses in the Borough of Lawnside continuously since 1984, with no gaps in years, shall have a right to receive licenses from the borough notwithstanding this chapter. If said licensee shall fail to renew their license for any year or part thereof, then the licensee shall have to comply with all the provisions of this chapter.