[Adopted by the Mayor and Council of the Borough of Neptune
City during codification; see Ch. 1, General Provisions, Art. II.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
All persons soliciting business (as below defined) in the
Borough of Neptune City.
An individual, firm, partnership or corporation, or principal
or agent thereof.
Includes the following when done by personal approach:
Seeking or endeavoring to sell any securities or any goods,
wares or merchandise whatsoever, by sample or description or otherwise.
Taking orders for such securities, goods, wares or merchandise,
for either present or future delivery, with or without a payment in
whole or in part.
Advertising securities or goods, wares or merchandise for sale
by passing or circulating handbills.
This chapter shall not, however, apply to any such soliciting
of business when done upon property of which the person soliciting
is the legal owner or lessee.
The purpose of this chapter is to prevent unfair competition
and dishonest business practices by the regulation of all persons
soliciting business in the Borough of Neptune City.
It shall be unlawful for any person to solicit business in the
Borough of Neptune City without first having obtained a license or
permit so to do.
A.
Applicants for a license under this chapter shall file with the Borough
Clerk a sworn application in writing, which shall give the following
information:
(1)
Name and description of applicant.
(2)
Permanent home address and full local address.
(3)
Description of the nature of the business and goods to be sold.
(4)
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
(5)
The length of time for which the right to do business is desired.
(6)
The place where the goods to be sold or orders to be taken therefor
are manufactured or produced, where such are located at the time the
application is filed and the proposed method of delivery.
(7)
Two two-inch-square photographs of the applicant taken within 60
days.
(8)
The fingerprints of the applicant.
(9)
The names of at least two reliable property owners of the County
of Monmouth and State of New Jersey, who will certify as to the applicant's
good character and business respectability, or, in lieu of the names
of references, such other available evidence as to the good character
and business responsibility of the applicant as will enable an investigation
to properly evaluate such character and business responsibility.
(10)
A statement showing whether the applicant has been convicted of any
crime or violation of any municipal ordinance, the nature of the offense
and the punishment or penalty assessed therefor.
(11)
A statement by a reputable physician, dated not more than 10 days
prior to the submission of the application, certifying the applicant
to be free of contagious infections or contagious diseases.
(12)
To the application must be attached a letter from the manufacturer,
dealer or employer authorizing the applicant to act as its representative.
B.
Grant or refusal. Each application shall be referred to the Chief
of Police or officer in charge of the Police Department, who shall,
without delay, institute such investigation of the applicant's
business and moral character as he deems necessary for the protection
of the public good, and complete the same within a reasonable time.
No license shall be issued until the application shall have been approved
by the Police Department. The approval or rejection shall be endorsed
on the application.
C.
Nontransferability. A license issued shall not be transferable from
the person to whom it is issued to any other person. A separate license
must be obtained by a licensed peddler for every agent or employee
working for him.
A.
Every person holding a license under this chapter shall be required
to carry the license with him and produce it upon request of any solicited
resident of the borough. He shall also attach to his outer garment
an identification card or tag with his name and license number plainly
inscribed thereon and photograph attached. Such card or tag shall
be supplied by the Clerk.
B.
The fee for the issuance of such a license shall be $25.
C.
A license issued hereunder shall expire at the end of the calendar
year in which it is issued.
No person shall engage in such canvassing, soliciting or distributing
between the hours of 6:00 p.m. and 9:00 a.m., prevailing time, and
only main door entrances may be used in effecting such canvassing,
soliciting or distributing.
The requirements of this chapter shall not apply to the following:
A.
Any charitable or religious society that shall conduct sales or personal
property when the proceeds thereof shall be applied to the payment
of the expenses thereof and to the charitable or religious object
for which the organization 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 -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 -10, possessing a license in conformity
with said law.
D.
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 has previously ordered the same or are entitled
to receive the same by reason of a prior agreement.
There shall be kept in the office of the Clerk the necessary
books for recording the time the application for license is received,
the name of the licensee, whether or not the application was approved
and the date the license was issued or rejected. The Clerk shall file
a monthly report with the Mayor and Council, showing the number of
licenses granted.
A.
Licenses issued under this chapter may be revoked by the Police Department
after a written notice for any of the following causes:
(1)
Misrepresentation or false statement contained in the application.
(2)
Misrepresentation or false statement made in the course of carrying
on activities regulated herein.
(3)
Conviction of any crime or misdemeanor involving moral turpitude.
(4)
Conducting the licensed business in an unlawful manner, in violation
of this chapter or in such a manner as to cause a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
B.
Any person whose license has been revoked may have the right of appeal
to the Council by requesting a hearing, in writing to the Clerk within
10 days of the revocation. The Council shall, within 10 days after
receipt of the request, hold a hearing, and, at the conclusion of
which, it shall affirm or order the Police Department to the set aside
the revoked license and reinstate the same. The decision of the Council
on such appeal shall be final and conclusive.
No peddler or solicitor shall call attention to his business
or to his merchandise by crying out, blowing a horn, ringing a bell
other than the doorbell of a building or any other loud or unusual
noise. No peddler or solicitor shall conduct or attempt to conduct
his business at any residence or any property on which is posted a
sign expressly prohibiting such activity.
