As used in this chapter, 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 services, or vegetation.
The purpose of this chapter 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 chapter shall
file with the Borough Clerk or Administrator an application. The application
shall be completed in triplicate and filed with the Borough 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 Borough 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 Borough 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 Borough Clerk
or Administrator.
J. Proof of insurance where insurance is required by this chapter.
K. An instrument, in writing, nominating and appointing the Borough
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 Borough of Wenonah 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.
Every person holding a license under this chapter shall be required
to carry and conspicuously display their license while soliciting
within the Borough.
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 Chief of Police or
the Borough Clerk or Administrator in the denial of an application
for a license shall have the right of appeal to the Borough Council.
Such appeal shall be taken by filing with the Borough 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 Borough Council on such appeal shall
be final and conclusive.
Every person to whom a license is issued under the terms of
this chapter 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 chapter 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.
Should any section, clause, sentence, phrase or provision of
this chapter be declared unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the remaining
portions of this chapter.
Prior Chapter
40, entitled "Peddlers, Hawkers and Solicitors," and any other ordinances or parts of ordinances inconsistent with this chapter be and the same are hereby repealed to the extent of such inconsistencies.
This chapter shall take effect immediately upon final passage
and publication in accordance with law.