[Amended 10-10-2023 by Ord. No. 2023-07]
As used in this article, the following terms shall have the
meanings indicated:
VENDOR
Any person who goes from house to house or from place-to-place
offering or exposing food, merchandise, or services for present or
future sale, or who engages in any of the foregoing activities from
a location on the street or other public place. Included in the definition
are persons who go from house to house or place to place collecting
information or financial contributions or distributing literature.
WARES
Anything or any service sold or offered for present or future
sale by a vendor, including, but not limited to, merchandise, goods,
food, seasonal items, home repair and improvement services, landscaping,
property maintenance, tree services, solar energy, or vegetation.
The purpose of this article is to promote orderly business practices,
protect public safety and health, prevent unfair business practices,
promote the quiet enjoyment of public and private lands and prevent
dishonest business practices by the regulation of conduct and the
imposition of license fees.
Any person desiring a license pursuant to this article shall
file with the Township Clerk or Administrator an application. The
application shall be completed in triplicate and filed with the Township
Clerk or Administrator at least 14 calendar days' prior to the
first day of the proposed activity. The applicant shall supply the
following with the application for each person who will be engaged
in peddling and soliciting in the Township municipal limits:
A. A statement as to whether or not the applicant has been charged with
or convicted of any crime or disorderly persons' offense or violation
of any municipal ordinance other than a traffic violation, and the
nature, dates and places of such offenses and the punishment or penalty
assessed therefor.
B. An original letter, addressed to the Township Clerk or Administrator,
from the firm for which the applicant purports to work, authorizing
the applicant to act as its representative.
C. A list of all towns in New Jersey in which the applicant has conducted
business in the last 12 months, setting forth the specific dates.
D. A statement of whether the applicant has been refused or had revoked
a similar license at any time.
E. Copy of social security card.
F. A current driver's license.
G. A New Jersey sales tax certificate.
H. Federal taxpayer identification number.
I. A recent photograph of themselves to be kept with the Township Clerk
or Administrator.
J. Proof of insurance where insurance is required by this article.
K. An instrument, in writing, nominating and appointing the Township
Clerk or Administrator the applicant's true and lawful agent
with full power and authority to acknowledge service of notice of
process for and on behalf of the applicant in respect to any matters
connected with or arising out of license. It shall also contain recitals
to the effect that the applicant consents and agrees that service
of any notice of process may be made upon such agent and when so made
shall be as valid as if personally served upon the applicant according
to the laws of this or any state, and waiving all claim or right of
error by reason of such acknowledgment of service or manner of service.
L. A copy of the criminal background history check dated within 30 days
of the application date. The Township of Dennis does not obtain criminal
background history checks. The applicant may obtain a criminal history
record via a service sanctioned by the New Jersey State Police. A
background history check must be submitted in sealed an envelope directly
from the issuing agency or service. In lieu of a criminal background
check, submit to the municipality a certification from the company's
general counsel regarding criminal background check results from a
recognized service.
Every person holding a license under this chapter shall be required
to carry and conspicuously display their license while soliciting
within the Township.
Any person or organization subject to this chapter shall complete
a new application for a license after 12 months have passed since
the date the last application was approved.
Any person aggrieved by the action of the State Police or the
Township Clerk or Administrator in the denial of an application for
a license shall have the right of appeal to the Township Committee.
Such appeal shall be taken by filing with the Township Clerk or Administrator,
within 14 calendar days after notice of the action complained of,
a written statement setting forth fully the grounds for the appeal;
and notice of such hearing shall be given to the appellant in the
same manner as provided herein for notice of hearing on revocation.
The decision and order of the Township Committee on such appeal shall
be final and conclusive.
Every person to whom a license is issued under the terms of
this article shall be governed by the following rules and regulations:
A. All circulars, samples, or other advertisements shall be delivered
in person to the recipient or left in a secure place located on the
recipient's dwelling premises.
B. No person shall enter or attempt to enter the dwelling of any resident
without an express invitation from an occupant of the dwelling.
C. No person shall conduct themself in such a manner as to become objectionable
to or annoy any occupant of any dwelling. Signs posted by property
owners stating "no soliciting" or similar thereto shall be obeyed.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be punishable by a
fine in an amount not less than $300 nor more than $500; upon a second
violation, a fine in an amount not less than $500 nor more than $800;
and upon a third or subsequent violation, a fine in an amount not
less than $800 nor more than $1,000; and/or a period of community
service not to exceed 14 calendar days. Whenever such person shall
have been officially notified or by service of a summons in a prosecution,
or in any other official manner, that said person is committing a
violation, each day's continuance of such violation after such
notification shall constitute a separate offense, punishable by fine
amounts or penalties previously described in this section. Any offense:
in addition to the above, a permanent revocation of any license issued
under the within article.