[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:
BOROUGH
The Borough of Stanhope, New Jersey.
CANVASSER
[Repealed 11-25-1997 by Ord. No. 1997-19]
DRUMMER
[Repealed 11-25-1997 by Ord. No. 1997-19]
INTERSTATE COMMERCE
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.
PEDDLER
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.
SOLICITING
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.
[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.