[HISTORY: Adopted by the Mayor and Council
of the Borough of Stanhope 3-27-1944; amended in its entirety 6-28-1983 by Ord. No. 1983-13. Subsequent amendments noted where applicable.]
[Amended 7-27-1993 by Ord. No. 1993-14]
As used in this chapter, the following terms
shall have the meanings indicated:
The Borough of Stanhope, New Jersey.
[Repealed 11-25-1997 by Ord. No.
1997-19]
[Repealed 11-25-1997 by Ord. No.
1997-19]
Commercial activity that involves the transfer and/or delivery
of merchandise to and/or from outside the State of New Jersey, and
as may otherwise be established by law.
Any person(s) whose soliciting activities within the borough
are of a commercial nature but whose merchandise is delivered immediately
to the purchaser by the person(s) doing the soliciting or otherwise
does not fit the definition of interstate commerce as established
by law.
The practice of traveling from house to house and/or place
to place within the borough without benefit of appointment, for commercial
or noncommercial purposes, seeking to persuade, inform, proselytize,
sell, inquire, gather or such other similar purpose.
[Amended 7-27-1993 by Ord. No. 1993-14; 11-25-1997 by Ord. No. 1997-19]
Except as otherwise provided in this chapter, it shall be unlawful for any person(s) or organization(s) to solicit within the Borough of Stanhope without first having obtained a license therefor, as provided in § 108-3.
[1]
Editor's Note: Former § 108-2.1, Registration;
hours, was repealed 11-25-1997 by Ord. No. 1997-19.
[Amended 7-27-1993 by Ord. No. 1993-14; 7-24-2018 by Ord. No. 2018-12; 7-23-2019 by Ord. No. 2019-12]
All applicants shall file with the Borough Clerk
a sworn written application, in duplicate, on a form to be furnished
by said Clerk, which shall give the following information:
A.
Name and description of the applicant, including date
of birth.
B.
Permanent home address and full local address, if
any, and telephone number of the applicant.
C.
Name and address of the employer or firm representing,
together with credentials establishing the exact relationship.
D.
A brief statement of the nature of the business and
a description of the merchandise or service to be sold.
E.
The length of time for which the license is desired.
F.
The geographic area to be solicited.
G.
If a vehicle is to be used, a description of such
vehicle and its license number, and driver's license.
H.
The place where the goods or property to be sold or
offered for sale are manufactured or produced, the place where such
goods or property are located at the time such application is filed
and the proposed method of delivery.
I.
A photograph of the applicant taken 60 days immediately
prior to the date of the application, which photograph shall clearly
show the head and shoulders of the applicants and shall measure two
inches by two inches.
J.
Two business references, or in lieu thereof, such
other available evidence of the character and business responsibility
of the application as will enable an investigator to properly evaluate
such character and responsibility.
K.
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.
L.
Proof of insurance coverage in the minimum amount of $100,000 per
person/$500,000 per occurrence for general liability and $50,000 for
property damage.
[Added 7-23-2019 by Ord. No. 2019-12[1]]
A.
The Borough
Clerk shall process and make a determination as to whether a license
shall be issued or denied, within seven business days of submission
of a complete application.
B.
The license
issued hereunder shall contain the signature of the issuing officer
and shall show:
(1)
The
name and address of the licensee.
(2)
The
class of license issued.
(3)
The
kind of goods or services to be sold thereunder.
(4)
The
date of issue.
(5)
The
length of time the license shall be operative.
(6)
The
license number and other identifying description of any vehicle used
in the peddling or soliciting activity licensed.
C.
The Borough
Clerk shall issue to each licensee at the time of delivery of his
license a badge which shall show the nature of the license, a photograph
of the licensee and the expiration date in letters and figures easily
discernible. Such badge must be worn constantly by the licensee in
such a manner as to be readily visible when engaged in the activities
herein.
D.
Upon issuance
of said license, each applicant shall pay to the Borough Clerk the
sum of $2 as a fee for said badge.
E.
No license
shall be issued where any person who would use the proposed license
is under 16 years of age.
[1]
Editor's Note: This ordinance also repealed former § 108-4,
Investigation; issuance or denial of license.
[Amended 7-24-2018 by Ord. No. 2018-12; 7-23-2019 by Ord. No. 2019-12]
The fee for a peddling and soliciting license shall be as provided for in Chapter 82, Fees, for every yearly license. All yearly licenses shall expire at the end of the calendar year in which they are issued.
A.
Every holder of a peddler's license issued by the
Borough Clerk under the authority of N.J.S.A. 45:24-9 shall be required
to carry such license while engaged in the business or activity so
licensed within the borough's corporate limits and shall produce said
license for inspection by an official of the borough on demand.
[Amended 7-27-1993 by Ord. No. 1993-14]
B.
Every such license shall restrict his selling activity
within the Borough to the hours between 10:00 a.m. and 9:00 p.m.,
prevailing time, daily.
[Amended 11-25-1997 by Ord. No. 1997-19; 7-24-2018 by Ord. No. 2018-12]
[Added 11-25-1997 by Ord. No. 1997-19]
The equipment used or employed by peddlers,
barkers 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 or its
authorized agents, in accordance with the provisions of this chapter
and the ordinances of the Board of Health. Any violation found and
not corrected immediately shall be grounds for revocation of the license.
[Added 11-25-1997 by Ord. No. 1997-19]
No licensee or any person in their behalf shall
shout, cry out, blow a horn, ring a bell or use any sound device or
sound amplifying system upon any of the streets, alleys, parks or
other public or private places within the borough or in any area contiguous
to the borough whereby a nuisance shall be created in the borough.
[Added 11-25-1997 by Ord. No. 1997-19]
A licensee shall not have any exclusive right
to any one place upon any sidewalk or any street and shall not be
permitted to operate in a congested area where their operation might
impede or inconvenience the public. For purposes of this chapter,
the judgment of a police officer exercised in good faith shall be
deemed conclusive as to whether the area is congested or the public
impeded or inconvenienced.
Licenses shall not be transferable and must
be surrendered after expiration before a renewal license can be issued.
[Amended 7-27-1993 by Ord. No. 1993-14]
It shall be the duty of any police officer of
the borough to enforce the provisions of this chapter and to require
any person seen peddling or otherwise soliciting within the borough
who is not known to be licensed or registered, as may be applicable,
to produce such license or organizational/employer identification.
[Amended 7-27-1993 by Ord. No. 1993-14]
The Borough Clerk shall maintain a record of
all licenses and registrations issued under the provisions of this
chapter and shall record therein all convictions for violations of
this chapter and other pertinent circumstances and incidents as reported
by the police.
A.
A license issued under this chapter may be revoked
by the Chief of Police after reasonable notice and hearing, for any
of the following causes:
(1)
Misrepresentation or false statement contained in
the application for the license.
(2)
Misrepresentation or false statement made in the course
of carrying on activities regulated herein.
(3)
Conviction of any crime or misdemeanor relating adversely
to the occupation of peddling or soliciting.
(4)
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 peace or to constitute a menace to the
health, safety or general welfare of the public.
B.
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 address given by the licensee in making application under § 108-3 herein, at least five days prior to the date set for said hearing.
Any person aggrieved by the action of the Chief of Police or the Borough Clerk in the denial of an application for a permit or license as provided in § 108-4 of this chapter, or in the decision with reference to the revocation of a license as provided in § 108-10 of this chapter, shall have the right of appeal to the Borough Council of the Borough of Stanhope. Such appeal shall be taken by filing with the Borough Council, 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 Borough Council 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 § 108-10 of this chapter for notice of hearing on revocation. The decision and order of the Borough Council on such appeal shall be final and conclusive.
[Amended 11-25-1997 by Ord. No. 1997-19]
The following persons and organizations shall be exempt from the provisions of § 108-2:
A.
Federal census takers and pools or surveys taken pursuant
to federal, state or local laws.
B.
Any veteran or volunteer fireman who holds a special
license issued pursuant to N.J.S.A. 45:24-9 and N.J.S.A. 45:24-10;
provided, however, that such licensee shall notify the Chief of Police
of the borough, in writing, prior to any soliciting within the borough,
of the dates and approximate area in which such licensee intends to
solicit. Such notification shall also include the licensee's license
number, date issued and county where issued.
C.
Nonprofit organizations.
(1)
Any nonprofit, religious, charitable, civic or special
interest group, veteran's organization, service club or volunteer
fire or first aid company may solicit in its name money, donations
or financial assistance of any kind or design or sell or distribute
any item of literature or merchandise for which a fee is charged;
provided, however, that it procures from the Borough Clerk a special
permit and an identification card for each agent or employee operating
within the purview of this chapter. Prior to issuance of the aforesaid,
there shall be filed a sworn application by such nonprofit organization
with the Borough Clerk which shall contain the following information:
(a)
A statement as to whether or not the nonprofit organization is required to register with the Attorney General of the State of New Jersey pursuant to Chapter 16 of the Laws of 1994 (N.J.S.A. 45:17A-18 et seq.) If registration is so required, the nonprofit organization shall provide written proof to the Borough Clerk that the organization is so registered, in which event the provisions of Subsection C(1)(b), (c), (d) and (f) hereof shall be deemed to be satisfied by the filing of said organization with the Attorney General. If the organization is exempt from the registration provisions of N.J.S.A. 45:17A-18 et seq., the organization shall then comply with the provisions of Subsection C(1)(b), (c), (d), (e) and (f) hereof.
(b)
Name and address of the organization.
(c)
Purpose for which the special permit is requested.
(d)
Names and addresses of the officers and directors
of the organization.
(e)
Period during which solicitation is to be carried
on.
(f)
Name, address and position in nonprofit organization
of person making application.
(2)
Upon being satisfied that such person, organization
or association is bona fide, the Borough Clerk shall issue a special
permit and identification card without charge for the specified period.
D.
Any person engaged in any activity the purpose of
which is to aid or promote the nomination, election or defeat of any
candidate or candidates for political office or to aid or promote
the passage or defeat of any public question in any election or which
seeks to influence the content, introduction, passage or defeat of
any legislation.
E.
Any solicitor who is engaged in interstate commerce and who certifies, in writing, to the Borough Clerk that they are so engaged in interstate commerce; provided, however, that any such person shall register with the Borough Clerk prior to engaging in any activity regulated hereunder. The registration shall be on a form provided by the borough and shall include the information listed in § 108-3A through K.
F.
All person(s) and organization(s) described within
this section shall restrict their activities to the hours of 9:00
a.m. to 9:00 p.m., prevailing time, Sunday through Saturday.
G.
Any public utility or its employees where 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.
H.
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.
[Amended 7-27-1993 by Ord. No. 1993-14]
The provisions of this chapter shall not apply
to the sale and distribution of raffle tickets for which a raffle
license has been duly obtained.
[Amended 7-27-1993 by Ord. No. 1993-14; 6-30-1998 by Ord. No. 1998-8]
Any person violating any provision of this chapter
shall, upon conviction, be punishable by a fine not exceeding $1,000
or imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof.[1]
[1]
Editor's Note: Former § 108-15, No Knock list, added 7-24-2018 by Ord. No. 2018-12, which immediately followed this section, was repealed 9-25-2018 by Ord. No. 2018-13.
