This chapter is adopted to regulate the distribution of certain materials, peddling, soliciting and related activities within the Borough of Woodlynne. The registration of persons engaged in the above-mentioned activities is required so that the identity of persons going door-to-door or distributing materials within the Borough 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; and to prevent dishonest business practices and dishonest solicitation of funds in the Borough.
[HISTORY: Adopted by the Mayor and Council of the Borough of Woodlynne 10-14-1976 by Ord. No. 1976-17 (Ch. 88 of the 1976 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
All goods, wares, food, meat, fish, ice cream, fruits, vegetables, magazines, periodicals, printed material, farm products, services and orders or contracts for services, home improvement or alterations, and anything that may be sold or distributed by peddlers or solicitors, as defined herein.
Any person, whether a resident of the Borough or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, carrying or transporting merchandise for the purpose of selling and delivering the merchandise to customers. The word "peddler" shall also include the words "hawker" and "huckster."
Any individual, firm, partnership, corporation, organization, club or association or any principal or agent thereof.
Any person, whether a resident of the Borough or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, soliciting, taking or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services, and whether or not he is collecting advance payments on such sales or orders, or who engages in any of the foregoing activities from a stationary location on any street or other public place. The word "solicitor" shall also include the word "canvasser." Any person who goes from door-to-door as described above for the purpose of soliciting and/or collecting funds from a stationary location on any street or other public place.
Any person engaging in the activities commonly referred to as transient merchant or itinerant vendor who merchandises or sells with the intent to close out or discontinue such business within a period of one year from the date of commencement, and does not occupy a permanent structure or building for the purpose of selling merchandise.
It shall be unlawful for any peddler, solicitor, distributor or transient merchant to sell, offer for sale or distribute merchandise, printed material or services within the Borough without first registering with the Borough Clerk, filing an application for registration, paying a registration fee and obtaining a registration certificate from the Borough Clerk.
Upon obtaining a registration certificate as hereinafter provided, a peddler, solicitor or transient merchant may conduct his activities within the Borough only as long as he adheres to the regulations set forth herein and carries the registration certificate upon his person at all times during his conduct of his activities. The registration certificate shall identify the person and the type of activity for which he has registered and shall be shown to any person or police officer upon request. All certificates shall expire December 31 of the calendar year in which they are issued.
Every applicant for a certificate under this chapter shall file with the Borough Clerk, within five business days in advance of the date the activity is intended to begin, a sworn written application on a form to be furnished by said Clerk, which shall give or be accompanied by the following:
A.
Name and description of the applicant.
B.
Permanent home address and full local address of the applicant.
C.
A brief statement of the nature of the business and a description of the merchandise or service to be sold.
D.
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
E.
The length of time for which the certificate is desired.
F.
If a vehicle is to be used, a description of such vehicle and its license number.
G.
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.
H.
Two business references located in the County of Camden, State of New Jersey, or in lieu thereof such other available evidence of the character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and responsibility.
I.
A statement as to whether 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.
J.
The fingerprints of the applicant.
A.
When the application is properly filled out and signed by the applicant, the original and duplicate thereof shall be filed with the Borough Clerk. The Clerk shall refer the original to the Chief of Police, who shall make or cause to be made within five days such investigation of the applicant's business responsibility and character as he deems necessary for protection of the public good.
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 therefor and return the application to the Borough Clerk. Any determination by the Chief of Police that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
C.
In the absence of any such finding, the Chief of Police shall find the application satisfactory and shall endorse his approval on the application and return the application to the Borough Clerk.
A.
If an application is found unsatisfactory by the Chief of Police and he endorses his disapproval upon the application, the Borough Clerk shall notify the applicant by mail that the application is disapproved and shall deny the applicant any registration certificate. An applicant for a permit hereunder shall have the right to appeal to the Mayor and Council from the denial of a permit. Such appeal shall be taken by filing a written notice of appeal addressed to the Mayor and Council. Such notice shall be filed within three days after receipt of the notice of the denial of the permit. The Mayor and Council shall act upon the appeal as soon as practicable after receiving the notice thereof and shall give the applicant an opportunity to be heard before taking action. The Mayor and Council may affirm or reverse the denial of the permit or may grant the permit with modifications or conditions.
B.
If an application is found satisfactory by the Chief of Police, the Borough Clerk shall issue a registration certificate addressed to the applicant to conduct the business applied for upon payment of the proper fee by the applicant. Such certificate shall contain the signature of the issuing officer and shall show the name, address and photograph of the applicant, the type of business (peddler, solicitor, transient merchant) the applicant has registered for, the kind of goods or services to be sold thereunder, the date of issue, the length of time the certificate shall be operative and the license number and other identifying description of any vehicle used in the activity licensed.
A.
Certificates issued under the provisions of this chapter may be revoked by the Mayor and Borough Council after notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation or a material incorrect statement contained in the application for a certificate.
(2)
Fraud, misrepresentation or a material incorrect statement in the course of carrying on his business as solicitor, peddler or transient merchant.
(3)
Any violation of this chapter.
(4)
Conviction for any crime or misdemeanor.
(5)
Conducting the business of peddler, solicitor or transient merchant in an unlawful manner 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.
B.
Notice of the hearing for revocation of a certificate shall be given by the Borough Clerk, 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 certificate holder at the address given on the application at least five days prior to the date set for the hearing, or shall be delivered by the agent of the Borough in the same manner as a summons at least three days prior to the date set for the hearing.
C.
Upon revocation, the certificate shall be surrendered to the Borough Clerk.
Any person aggrieved by the action of the Chief of Police or of the Borough Clerk in the denial of a certificate, as provided in § 465-7 of this chapter, shall have the right of appeal to the Mayor and Council. Such appeal shall be taken by filing with the Borough Clerk, within 14 days after the 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 Mayor and Council shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 465-8 of this chapter for notice of hearing on revocation. The decision of the Mayor and Council on such appeal shall be final and conclusive.
No person or certificate holder shall:
A.
Peddle, solicit or distribute merchandise except between the hours of 8:00 a.m. and 6:00 p.m., unless specifically having been invited into a house by the occupant or having made an appointment with a person previously.
B.
Attempt to peddle, solicit or distribute merchandise or printed material without first having identified himself as a peddler, solicitor or distributor registered with the Borough and displaying his certificate.
C.
Have exclusive right to any location in the public streets or operate in any congested area where his operations might impede or inconvenience the public.
D.
Leave at a property or house or in any public place circulars, samples or other matter, except newspapers, which shall be defined as a periodical with a paid circulation of at least 90% of its local circulation, except when handed to a person or house occupant.
E.
Enter or attempt to enter the land of any resident in the Borough without an express invitation from the occupant of the house.
F.
Conduct himself in such a manner as to become objectionable to or annoy an occupant of any house.
G.
Distribute obscene merchandise or printed material or that which advocates unlawful conduct.
H.
Litter the streets, public places or properties within the Borough with any merchandise or printed material.
A.
At the time of issuance of a registration certificate, the applicant shall pay such fees as are provided in Chapter 295, Fees.
B.
Where an organization has several agents peddling, soliciting or distributing merchandise or printed material, each agent shall be registered separately and each shall pay the appropriate fee. Upon expiration of a certificate, a new certificate will be issued upon compliance with all provisions of this chapter and the payment of fees, except that the investigation and waiting period therefor may be waived if approved by the Borough Clerk and Chief of Police.
The following persons are exempt from the payment of a fee and, in the discretion of the Borough Clerk, the investigation procedures, upon compliance with all other provisions of this chapter and submission of applicable identification and documents to support their claim to exemption:
A.
Any charitable or religious society that shall conduct sales of personal property where the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable or religious object for which the society exists.
B.
Any person honorably discharged from the military services of the United States, possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and 45:24-10.
C.
Any person who is an exempt fireman of a volunteer fire department as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing a license in conformity with said law.
D.
Any public utility or its employees, when acting on behalf of the utility, which said public utility is subject to regulation by the State Board of Public Utility Commissioners; provided, however, that such employees shall display the identification badge or card issued by their employer.
E.
Any person selling fruits and farm products grown by himself, with or without the help of others.
F.
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 had previously ordered the same or were entitled to receive the same by reason of a prior agreement.
G.
Any school, political or civic organization, benevolent society, service club or organization not for profit which is located in the Borough or has a substantial membership from the Borough.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more than $500 or imprisonment for a term not to exceed 90 days, or both. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.