For the purpose of this article and as used herein, the following
words shall have the following meanings:
APPLICANT
Any person who applies for a license in accordance with the
terms and provisions of this article.
CHIEF
The Chief of Police of the Borough of Mendham, or designee.
LICENSEE
Any person who has applied for, has been issued and holds
a license in accordance with the terms and provisions of this article.
MERCHANDISE
Food, fruit, vegetables, farm products, magazines, periodicals,
all kinds of articles of personal property for domestic use and orders
or contracts for home improvements or alterations.
PEDDLER
Any person who goes from house to house or from place to
place by traveling on the streets and roads, carrying, conveying or
transporting goods, wares or merchandise for the purpose of engaging
in the business of selling and delivering them to customers; provided,
however, that the word "peddler" shall not include wholesalers calling
on retail merchants.
SOLICITOR
Any person who goes from house to house or from place to
place by traveling on the streets or roads for the purpose of engaging
in the business of taking or attempting to take orders for the sale
of goods, wares and/or merchandise or personal property of any nature
whatsoever for future delivery, or for services to be furnished or
performed in the future, whether or not such person has, carries or
exposes for sale a sample of the object to be sold and whether or
not he is collecting advance payments on such sales; provided, however,
that the word "solicitor" shall not include wholesalers calling on
retail merchants.
It shall be unlawful for any person to act as or to engage in
the business of a peddler or solicitor within the Borough without
having first obtained a license therefor as provided for herein and
except in compliance with all other terms and provisions of this article.
The licensing requirements of this article shall not apply to
the following:
A. 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 et seq., provided that a copy of such license
is filed with the Chief for identification purposes.
B. Any person who is an exempt firefighter of a volunteer Fire Department,
as defined by N.J.S.A. 45:24-9 et seq., possessing a license in conformity
with said law.
C. 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 had previously ordered the same or were
entitled to receive the same by reasons of a prior agreement.
D. Any person engaged in charitable and philanthropic solicitation, as defined in Article
II of this chapter, which persons shall be governed by the licensing requirements of Article
II of this chapter.
Every applicant for a license under this article shall obtain
from the Police Department or Borough website and file with the Chief
a sworn written application, which shall give the following information:
A. Name and description of the applicant.
B. Permanent home address and local address of the applicant, to include
full street address (no P.O. boxes permitted).
C. A brief statement of the nature of the business and a description
of the goods, wares, merchandise or service to be sold.
D. If employed, the name and address of the employer, together with
credentials establishing the exact 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 and its
license number.
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. A photograph of the applicant taken within 60 days immediately prior
to the date of the application, which photograph shall clearly show
the head and shoulders of the applicant and shall measure two inches
by two inches.
I. Two business references located in the County of Morris, State of
New Jersey, or, in lieu thereof, such other available evidence of
the character and business responsibility of the applicant that will
enable an investigator to properly evaluate such character and responsibility.
J. A completed and executed Borough of Mendham Background Investigation
Release and Waiver of Liability Form.
Any person holding a peddler's license or solicitor's license
issued under the authority of this article, or by the Clerk of the
County of Morris under the authority of N.J.S.A. 45:24-9 and 45:24-10,
shall be required to carry such license while engaged in the business
or activity licensed within the corporate limits of the Borough. The
licensee shall produce such license at the request of any official
of the Borough or at the request of any person with whom the licensee
wishes to conduct business. Every such licensee shall restrict peddling
or soliciting activities within the Borough to the hours between 9:00
a.m. and 30 minutes past sunset prevailing time, and shall notify
the police officer on duty at least once in every week in which licensee
plans to conduct said activities. Such notification shall include
a statement of the general area of the Borough in which the licensee
intends to conduct said activities and a schedule of dates and times
when said activities shall be conducted. The licensee shall notify
the police officer on duty of any change in area or in dates or times
should such changes be made during the week.
No licensee, either under this article or under N.J.S.A. 45:24-9,
shall:
A. Call attention to licensee's business or merchandise by crying out,
blowing a horn or by any other loud or unusual noises.
B. Conduct or attempt to conduct business at any residence or on any
property on which is posted a sign expressly prohibiting such activity.
C. During school hours, conduct or attempt to conduct business within
200 feet of any place occupied exclusively as a public or private
school or for school purposes, nor during said times shall licensee
permit a cart, wagon or vehicle to stand on any public highway within
said distance of such school property.
D. Allow any other person to use the license issued hereunder.
E. Engage in any conduct which would be a cause for revocation of the license as set forth in §
151-11A.
It shall be the duty of the Chief and any police officer of
the Borough to enforce the provisions of this article.
The Chief shall maintain a record of all licenses issued under
the provisions of this article and shall record therein all convictions
for violations of this article and other pertinent circumstances and
incidents reported by the Chief, other Borough officials or other
persons.
Any applicant aggrieved by the action of the Chief in the denial of a license, as provided in §
151-6 of this article, shall have the right of appeal to the Borough Council. Such appeal shall be taken by filing with the Borough Council, within 14 days after the notice of the action complained of has been given to such person by the Chief in accordance with §
151-6, a written statement setting forth fully the grounds for the appeal. The Borough Council shall set a time and place for hearing on such appeal (which hearing shall be within 30 days of the date of receipt of the applicant's statement), and notice of such hearing shall be given to the applicant in the same manner as provided in §
151-11 of this article for notice of hearing on revocation. The decision of the Borough Council on such appeal shall be final and conclusive.
Each license issued under the provisions of this article shall expire at the expiration of a period of 90 consecutive days from and after the date upon which it was issued. Any such license may be renewed, without payment of an additional registration fee, upon submission by the licensee of a new application in conformity with the requirements of §
151-4 of this article or, in lieu thereof, a sworn written statement setting forth any changes in the information contained in the application for the expired license which are necessary to bring said application completely up to date or setting forth that there are no such changes. Such new application or statement in lieu thereof shall be subject to the provisions and standards set forth in §
151-4 of this article.
Any person violating any of the provisions of this article shall be subject, upon conviction, to the penalties provided in §
1-15 of this Code.