Municipality of Princeton, NJ Solicitors, Canvassers, Peddlers and Transient Merchants

It shall be unlawful for any peddler, solicitor or transient merchant to sell, offer for sale or distribute merchandise, printed material or services within Princeton without first obtaining a license from the clerk by filing an application for license, paying a license fee and obtaining said license.

The license requirements of this article shall not apply to the following:

Any nonprofit organization as defined in section 14-2 of this article, provided that the means of identification assigned by such organization, if any, is carried by the peddler, solicitor or transient merchant. If no means of identification is assigned by such organization, the peddler, solicitor or transient merchant shall be required to carry a bona fide means of identification, including but not limited to a valid driver's license or other government-issued identification.

Any person intending to distribute noncommercial or not-for-profit handbills, pamphlets, leaflets, circulars, advertisements or printed material.

Any person (a) campaigning for any elected public office or public question, which is to be voted upon in Princeton at a general, special, primary or school board election, or in a national or State election; (b) distributing handbills, pamphlets, leaflets, circulars, advertisements or printed material with respect thereto; or (c) otherwise engaging in political speech.

Any person engaging in the advocacy of noncommercial or not-for-profit causes, whether or not in connection with a larger organization, or engaging in spontaneous speech, including, but not limited, to speech between neighbors.

Any person honorably discharged from the military of the United States as defined by N.J.S.A. 45:24-9 and 24-10, possessing corresponding identification in conformity with said statute.

(6)

Any person who is an exempt fireman as defined by N.J.S.A. 45:24-9 and 24-10, possessing corresponding identification in conformity with said statute.

(7)

Any person holding a solicitation license or permit issued under any legislation of the United States government or by a state agency pursuant to statute.

Nothing in this section shall be construed as exempting the persons or organizations listed in section 14-3(b) from compliance with the provisions of this article that do not deal with or relate to licenses.

§ T14-4 Effect of license.

[Ord. No. 2014-12]

Upon obtaining a license as hereinafter provided, a peddler, solicitor or transient merchant may conduct licensed activities within Princeton only as long as he adheres to the regulations set forth in this article and carries the license upon his person or displays the license in a conspicuous place at all times during the conduct of the licensed activities. The license shall be shown to any individual upon request.

§ T14-5 Application for license.

An application for license shall be made upon forms provided by Princeton, including a New Jersey State Bureau of Identification form authorizing release of any criminal history record information to the Princeton Police Department, shall be sworn to, shall be filed with the municipal clerk and shall contain or be accompanied by the following information:

For solicitors and peddlers.

Applicant's name, permanent address, local address(if different from permanent address) and telephone number.

Name and address of the organization or person(s)on whose behalf soliciting or peddling is being made, together with telephone numbers.

A description of the nature of merchandise to be sold.

Length of time for which license is desired.

A statement as to whether or not the applicant has been convicted of any crime, disorderly persons offense or petty disorderly persons offense involving deceptive business practices or fraud, or a violation of any ordinance enacted in other municipalities concerning peddling, solicitation or transient merchandising, when and where the offense(s) occurred and the penalty imposed, if any.

(6)

Motor vehicle registration number, make and model of any motor vehicle used by the applicant in connection with his peddling or soliciting.

(7)

Applicant's photo identification, which the municipal clerk will photocopy and attach to the application.

(8)

If the applicant is an agent, employee or representative, he shall attach to the application a letter from the person or organization for whom the applicant works or represents, authorizing the applicant to act as its agent, employee or representative and assuming responsibility for the applicant's conduct.

(9)

All applicants selling merchandise subject to sales tax shall submit a copy of a valid certificate of authority issued by the Director of the New Jersey Division of Taxation, pursuant to N.J.S.A. 54:32B-15, empowering the applicant to collect sales tax. Certificates shall not be required for the sale of property exempted from sales and use taxation pursuant to N.J.S.A. 54:32B-8.2. All licensees shall attach the original certificate to their cart, stand, truck or other merchandising device, as required by N.J.S.A. 54:32B-15.

(10)

All applicants selling food items for immediate consumption shall submit a copy of the board of health license.

For Transient Merchants.

Applicant's name, permanent address, local address (if any) and telephone number.

Description of the nature of the business or activity including the average quantity, kind and value of the merchandise to be sold.

Applicant's photo identification, which the municipal clerk will photocopy and attach to the application.

The days during which the business is to be conducted.

The name and addresses of the persons from whom the goods making up the stock were or are to be purchased by the applicant.

(6)

(7)

A bond in accordance with N.J.S.A. 45:24-5 in an amount equal to 25% of the value of the personal property shown in the disclosures required by subsection (b)(2) above but in no event less than $1,000. The bond shall be in effect for a period of one year from the date of license issuance, shall indemnify and pay Princeton any penalties or costs incurred in the enforcement of this section and the purchaser of personal property a sum equal to at least the amount of any payment such purchaser may have been induced to make through the misrepresentation of the applicant, its agents, servants or employees. The bond shall be in a form approved by the municipal attorney.

(8)

An instrument in accordance with N.J.S.A. 45:24-6 appointing the clerk as the applicant's true and lawful agent.

(9)

(10)

All transient merchants are subject to the statutory requirements set forth in N.J.S.A. 45:24-1 et seq., and shall be subject to the penalties set forth therein in the event of a failure to comply with any of said requirements.

(11)

All applicants shall submit a copy of a valid certificate of authority issued by the Director of the New Jersey Division of Taxation, pursuant to N.J.S.A. 54:32B-15, empowering the applicant to collect sales tax. Certificates shall not be required for the sale of property exempted from sales and use taxation pursuant to N.J.S.A. 54:32B-8.2. The licensee shall prominently display the original certificate at his place of business as may be authorized by the license, as required by N.J.S.A. 54:32B-15.

(12)

All applicants selling food items for immediate consumption shall submit a copy of the board of health license.

§ T14-6 Approval or rejection of application.

Following the filing of a complete application and payment of the license fee as set forth in section 14-11 to the municipal clerk, the clerk shall forward the application to the chief of police, who shall, as soon as practicable but no later than within 30 days make such investigation, within the limits of the resources available to the chief, which may include background checks, of statements made in the application and the business responsibility and character of the applicant or any employee or agent who shall engage in the licensed activity, for the protection of the public good. Where sufficient cause is shown therefor, the chief of police shall have such additional time as may be reasonably necessary to make the investigation.

If, as a result of such investigation, the character or business responsibility of the applicant or any employee or agent who shall engage in the licensed activity is found to be unsatisfactory, the chief of police shall endorse on such application his disapproval and the reasons therefor and return the application to the clerk. The chief may disapprove an application if such a disapproval is based on one or more of the following findings with respect to the applicant:

Conviction of any crime, disorderly persons offense or petty disorderly persons offense involving deceptive business practices or fraud, or a violation of any ordinance enacted in any municipality concerning peddling, solicitation or transient merchandising.

Record of breaches of peddling, solicitation or transient merchant contracts.

Fraud, misrepresentation or false statements contained in the application for license.

In the absence of such findings, the chief of police shall find the applicant satisfactory and shall endorse his approval on the application and return the application to the clerk.

§ T14-7 Denial or issuance of license; expiration.

[Ord. No. 2014-12]

If the applicant or any employee or agent who shall engage in the licensed activity is found unsatisfactory by the chief of police, and he endorses his disapproval upon the application, the clerk shall notify the applicant by mail that the application is disapproved and shall deny issuance of the license. Such notice shall be mailed within five working days following the endorsement of disapproval by the chief of police.

If the application is found to be satisfactory by the chief of police, the clerk shall issue a license addressed to the applicant to conduct the business applied for. The license shall be on a form issued by the clerk's office.

All peddling and soliciting licenses shall expire December 31 of the calendar year in which they are issued unless, by their terms, they expire prior to that time, and shall be limited to the express purpose set forth therein. With respect to transient merchants, the license shall expire no later than 180 days after its issuance.

§ T14-8 Revocation of license.

Licenses may be revoked by the chief of police, or his designee, for any of the following causes:

Fraud, misrepresentation or false statements contained in the application for license.

Fraud, misrepresentation or false statement made in the course of carrying out activities pursuant to the license.

Violation of any provision of this article or another Princeton ordinance.

Conviction of any crime, disorderly persons offense or petty disorderly persons offense involving deceptive business practices or fraud.

Violation of ordinances enacted in other municipalities concerning peddling, solicitation or transient merchandising.

Notice of revocation shall be personally communicated to the licensee, and thereafter it shall be unlawful for the licensee or any of the licensee's employees or agents to sell, offer for sale or distribute merchandise or services in the municipality. If a hearing is requested by a licensee, the licensee shall be provided with a notice of the hearing before the chief of police or his designee. The notice shall be in writing, setting forth the grounds of the complaint and the time and place of the hearing. The notice shall be served personally upon the licensee or mailed postage prepaid to the licensee's address as given by the licensee in making the application, at least five days prior to the date set for the hearing, and no more than five days after receipt by the chief of police or his designee of the written request for a hearing.

§ T14-9 Appeal.

[Ord. No. 2014-12]

Any person aggrieved by the action of the chief of police or municipal clerk in the denial of an application for a license, or in the decision with reference to revocation of a license, shall have the right to appeal to the council. The council shall not hear any appeal unless the applicant has first made appeal to the chief of police. Such appeal shall be taken by filing with the clerk, 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 a hearing on such appeal. The council shall set a time and place for hearing the appeal and a notice of the hearing shall be given to the applicant. The decision of the council on the appeal shall be final and conclusive.

§ T14-10 General regulations.

[Ord. No. 2014-12]

It shall be unlawful for a person to:

Attempt to peddle or distribute merchandise or printed material, or solicit funds or canvass for information, without first having identified himself as a peddler, solicitor, transient merchant or canvasser registered with the municipality and displaying the license issued therefor.

Have exclusive right to any location on public property.

Enter or attempt to enter the land of any resident where such resident has posted or placed a clearly visible sign indicating that such resident does not wish to be disturbed by peddlers or solicitors.

(d)

Refuse to leave a private dwelling or property after having been once requested to do so by the owner or occupant thereof.

(e)

Shout, cry out, blow a horn, ring a bell, or use any sound making or amplifying device on any streets, parks or public places of the municipality, or upon private property, that would create or become a nuisance or noise disturbance as prohibited elsewhere this Code.

(f)

Distribute obscene merchandise or printed material, or printed material that advocates unlawful conduct.

(g)

Litter the streets, public places or other property within the municipality by any merchandise or printed material.

(h)

Station, place, set up or maintain a cart, wagon, motor vehicle or other vehicle, or allow it to remain on any sidewalk in a way that would:

Restrict, obstruct, interfere with or impede any pedestrian's right-of-way;

Restrict, obstruct, interfere with or impede the ingress or egress from the abutting property;

Create or become a nuisance;

Increase traffic congestion, cause or increase traffic delay or hazard;

Cause or create or constitute a danger to life, health or property.

(i)

Peddle, solicit, offer to sell or solicit, or engage in the business of selling except between the hours of 9:00 a.m. and 8:00 p.m.

(j)

Peddle using a cart of the dimensions of which exceeds two feet in width, four feet in length and four feet in height including wheel height, while conducting business on any sidewalk.

(k)

Use any cart which, when fully loaded with merchandise, cannot be easily moved and maintained under control by the licensee only.

(l)

Use, set up, attach, place or permit the use of any table, crate, carton, rack, device or structure of any kind to increase the selling or display capacity of the peddler's cart.

(m)

Station, place, set up or maintain a peddler's cart or allow it to remain on any sidewalk if to do so would reduce the unobstructed pedestrian right-of-way.

(n)

Engage in the business of peddling within 10 feet of any location where the curb has been depressed to facilitate pedestrian or vehicle movement.

(o)

Engage in the business of peddling on any sidewalk or along any street within 15 feet of any fire hydrant, crosswalk or driveway.

(p)

Station, place, set up or maintain a peddler's cart or goods against display windows of fixed location businesses, nor shall they be within 20 feet from an entranceway to any building, store, theater, library, school, museum, movie house, sports arena or other place of public assembly, without the permission of the property owner and in such a manner as to restrict, obstruct, interfere with or impede pedestrian or vehicular right-of-way.

(q)

Engage in the business of peddling on any sidewalk or along any street within 10 feet from intersecting streets or sidewalks.

(r)

Engage in the business of peddling within 30 feet of any location where another peddler is engaged in the business of peddling.

(s)

Engage in the business of selling at any location without giving a written receipt to each customer for any sale in excess of $20. The receipt shall show clearly the seller's name, business address, license number, a description of the merchandise sold, and the purchase price, and shall be sequentially numbered.

(t)

Engage in the business of peddling on any sidewalk or along any street within 10 feet of a bus stop. For purpose of this section, the words "bus stop" shall include the sidewalk and the adjoining street where there is a designated bus stop.

(u)

Sell food, drinks, ice cream, confections or other items for immediate consumption unless the peddler has available for public use a litter receptacle which shall be clearly marked and maintained for patronage use, nor shall any peddler leave any location without first picking up, removing and disposing of any trash or refuse remaining from the sales made by him; nor shall any person sell food, drinks, ice cream, confections or other food items for consumption without having first received any permit or license required by the municipality or the board of health for food handling.

(v)

Leave any cart unattended at any time or place or leave the same overnight on any sidewalk.

(w)

Stop, stand or park any vending cart or motorized vehicle used for vending purposes for more than five minutes for the purpose of selling food and merchandise.

(x)

Station, place, set up or maintain a cart, wagon, table, stand, display or vehicle on private property unless the owner has previously secured approval for such use of the property pursuant to the provisions of Code governing land use.

(y)

Use any non-motorized carts except at the following location: on the sidewalk running along the south side of Nassau Street from Washington Road to University Place. Vending by means of non-motorized vending carts shall be prohibited in any other locations other than those set forth in this subsection (y).

(z)

Use of any motorized vending carts and/or motorized vehicles for vending purposes in any location except on the street.

§ T14-11 Application fee required.

[Ord. No. 2014-12]

Each application shall be accompanied by an application fee as stated in Section 2-125 for each individual solicitor or peddler, or transient merchant license, to compensate the municipality for the cost of administering this article, including the investigation and regulation of the conduct of licenses. Such fees will not be refunded if a license is denied or revoked.

No license issued under this article shall be used at any time by any person other than the person to whom it was issued.

Where an organization has several agents peddling, soliciting, distributing merchandise or printed material or services, or canvassing, each agent shall pay the applicable application fee and shall be issued a separate license.

§ T14-12 Exceptions.

[Ord. No. 2014-12]

This article shall not affect any of the following persons or activities:

Any person engaged in the delivery, in the regular course of business, of goods, wares, merchandise, or other articles of personal property to the premises of persons who had previously ordered same or were entitled to receive same by reason of prior agreement.

Any nonprofit organization, as defined in section 14-2 of this article, engaged in the solicitation of funds for charitable purposes solely from its members.