[HISTORY: Adopted by the Mayor and Council
of the Borough of Old Tappan 3-18-2019 by Ord. No. 1142-19.[1] Amendments noted where applicable.]
[1]
Editor's Note: Former Chapter 182, Peddling and Soliciting,
adopted 5-26-1975 as Section 4-2 of the 1975 Code, as amended, was
repealed 7-16-2018 by Ord. No. 1129-18.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who goes from house to house distributing printed
or advertising matter of any kind or who hands to any person in a
public place any printed or advertising matter.
All goods, wares, food, fruit, vegetables, ice cream, candy,
farm products, magazines, periodicals, clothing and all kinds of articles
of personal property for domestic use, and orders or contracts for
services, including but not limited to home improvements or alterations.
Any person who goes from place to place by traveling on streets
and roads or from house to house carrying, conveying or transporting
merchandise for the purpose of selling and delivering the same to
consumers; the term also includes persons commonly known as "hawkers"
and "hucksters."
Any individual, firm, partnership, corporation or association
or any agent thereof.
Any person who goes from house to house buying, selling or
attempting to take orders for the sale of merchandise or for services,
whether to be delivered or rendered presently or in the future, with
or without accepting an advance payment and whether or not such person
has, carries or exposes for sale a sample or a catalog description
of the object or service to be sold. The term "solicitor" shall include
a person commonly known as a "canvasser"; provided, however, that
this definition shall not include wholesale salesmen calling on retail
merchants.
The purpose of this chapter is to prevent fraud, crime and unethical
and dishonest business practices. The fees to be charged for the issuance
of licenses are not to be considered as revenue, but are charged for
the purposes of regulating the conduct of licensees.
It shall be unlawful for any peddler, solicitor or distributor
to sell, offer for sale or distribute merchandise, printed material
or services within the Borough without first having obtained a license
therefor. No licensed peddler, solicitor or distributor shall seek
contact with any person or entity registered on the Borough's
No-Knock List.
A separate license must be obtained for every agent or employee
working for a peddler, solicitor or distributor.
A.
The requirements of § 182-3 shall not apply to the following:
(1)
Any person who sells or collects goods, the proceeds of which are
devoted exclusively to the purposes of a nonprofit charitable or religious
society on whose behalf said person is acting as an agent.
(2)
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.
(3)
Any person honorably discharged from the active military service
of the United States, who is a resident of this state, and possesses
a peddler's license issued in accordance with N.J.S.A. 45:24-9
et seq., as amended and supplemented.
(4)
Any person who is an exempt member of a volunteer fire department,
volunteer fire engine, hook and ladder, hose, supply company or salvage
corps, of any municipality or fire district of this state, who holds
an exemption certificate issued to him as an exempt member of any
such department, company or corps, and who is a resident of this state,
as provided in N.J.S.A. 45:24-9 et seq., as amended and supplemented.
(5)
Any public utility or its employee, 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 the employer.
(6)
Any person engaged in delivery of merchandise or other articles or
things, in the regular course of business, to the premises of the
person who has previously ordered the same and is entitled to receive
the same by reason of a prior agreement.
(7)
Persons engaged in the sale or delivery of newspapers.
B.
Persons excepted from the licensing requirement in accordance herewith
shall provide a list of all peddlers, solicitors, distributors or
canvassers to the Police Department not less than 24 hours prior to
beginning operations.
Every applicant for a license shall file with the Police Department
a sworn written application, in duplicate, on a form to be furnished
by the Police Department, which shall give the following information:
A.
Name and physical description of the applicant.
B.
The 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, together with the name and
address of the person who will be supplying the merchandise or the
service.
D.
If employed, the name and address of the employer, together with
credentials describing the relationship.
E.
The length of time for which the license is desired.
F.
If a vehicle is to be used, a description of such vehicle, its serial
and license number and proof that said vehicle is insured in an amount
as required by law.
G.
The place where the goods or property 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 copies of a photograph of the applicant taken within one year
prior to the date of the application, which photograph shall clearly
show the head and shoulders of the applicant and shall be of a minimum
size of two inches by two inches and shall portray a reasonably accurate
likeness of the applicant.
I.
Three business or character references.
J.
Whether the applicant has been convicted of any crime, misdemeanor
or disorderly persons offense or for violating any municipal ordinance,
together with a statement regarding the nature of the offense and
the punishment or penalty thereof.
K.
If a corporation, the application shall be executed by a duly authorized
agent thereof.
At the time the application is filed, a fee of $25 shall be
paid to the Police Department to cover the costs of processing the
application and for processing and issuing the identification card.
A.
Establishment of No-Knock List. All residents of the Borough may
register their name, address and/or unit/apartment number with the
Municipal Clerk to be placed on the No-Knock List, indicating that
they do not want canvassers, distributors, solicitors, peddlers, transient
merchants or hawkers of any sort to approach their homes and/or seek
personal contact with the occupants of the registered residence. The
Municipal Clerk shall provide the registration form, which shall be
available during normal business hours. By registering for the No-Knock
List, the resident acknowledges that the Borough police, fire and
other emergency services groups are exempt from the requirements of
this section.
B.
Updating and provision of list. The Municipal Clerk shall maintain
a No-Knock List, a copy of which shall be provided to all persons
or organizations required to obtain a license or to register pursuant
to this chapter. Registrants shall remain on the No-Knock List for
a period of five years from the date of registration or until such
time as they advise the Municipal Clerk, in writing, that they wish
to be removed from the list. The Municipal Clerk shall ensure that
the list is updated periodically.
C.
Registration and display of decal. Upon completion of registration
on the No-Knock List, the subscriber may purchase and receive, for
a fee of $2, a decal stating "DO NOT KNOCK; registered on the No-Knock
List with the Borough of Old Tappan, Municipal Clerk; VIOLATORS WILL
BE PROSECUTED," which may be displayed in a clearly visible location
(e.g., front door or window adjacent to the front door).
If the application is complete, the Police Department shall
issue a license to the applicant within 24 hours thereafter. Such
licenses shall contain the signature of the issuing officer, the name
and address and a photograph of the licensee, the class of the license
issued, the kind of merchandise or services to be sold thereunder,
the date issued, the length of time the license shall be operative
and the license number and other identifying description of any vehicle
to be used by the licensee. The license shall be clearly visible and
displayed when approaching and contacting residents or places of business
in the Borough.
Every license hereunder shall be valid for the period requested
in the application, except that all licenses shall expire on December
31 of the year in which said license becomes effective.
No peddler, solicitor or distributor shall:
A.
Call at any private residence which is on the No-Knock List.
B.
Attempt to peddle, solicit or distribute merchandise or printed material
without first having identified himself as a peddler, solicitor or
distributor licensed with the Borough and displaying his/her license.
C.
Conduct himself/herself in such a manner as to become objectionable
to or annoy any person or entity approached.
D.
Shout, cry out, blow a horn, use any sound-making or amplifying device
upon any of the streets, parks or public places of the Borough or
upon private premises where sound of sufficient volume is emitted
or produced therefrom to be capable of being plainly heard upon the
streets, avenues, parks, or other public places of the Borough or
upon private premises, for the purpose of attracting to any merchandise
or service.
E.
Distribute obscene merchandise or printed material or that which
advocates unlawful conduct.
F.
Litter the streets, public places or properties within the Borough
with any merchandise or printed material.
A.
Any license issued under the provision of this chapter may be revoked
by the Mayor and Council, after notice and hearing, for any of the
following:
(1)
Fraud, misrepresentation or false statements contained in the application
for the license.
(2)
Fraud, misrepresentation or false statement by the licensee in the
course of conducting the licensed activity.
(3)
Any violation of this chapter.
(4)
Conviction of any statute or ordinance of any municipality involving
moral turpitude.
(5)
Picking up or discharging passengers not licensed under this chapter
or allowing unlicensed persons to ride in vehicles owned or operated
by a licensee.
(6)
Conducting the licensed business in an unlawful manner or in such
manner that constitutes a breach of the peace, a nuisance or a menace
to the health, safety or general welfare of the public.
B.
Notice of a hearing for revocation of the license before the Mayor
and Council shall be given in writing. Such notice shall set forth
the specific grounds of complaint, the time and place of the hearing,
and shall be sent by certified mail to the licensee at his known home
or local business address at least seven days prior to the date set
for the hearing or shall be served upon the licensee personally at
least five days prior to the date set for the hearing.
Any person violating any of the provisions of this chapter,
whether as principal, agent or employee of another, shall, upon conviction
thereof, be subject to a fine not to exceed $1,000 or to imprisonment
not to exceed 60 days, or both.
