As used in this chapter, the following terms shall have the
meanings indicated:
CANVASSER or SOLICITOR
Hereinafter referred to only as "canvasser," any individual,
whether a resident of the Borough of Cresskill or not, traveling either
by foot, wagon, automobile, motortruck or any other type of conveyance,
from place to place, from house to house, or from street to street,
offering to purchase or sell any real property, or broker on their
behalf or on behalf of any third party, taking or attempting to take
orders for sale of goods, wares, and services to be furnished or performed
in the future, whether or not such individual has, carries or exposes
for sale a sample of the subject of such sale, or whether he or she
is collecting advance payment on such sales or not, provided that
such definition shall include any person who, for himself, herself,
or for another person, hires, leases or uses or occupies any building,
structure, tent, railroad, boxcar, boat, hotel room, lodging house,
apartment, shop or any other place within the Borough for the sole
purpose of exhibiting samples and taking orders for future delivery;
and provided, further, that the foregoing definition shall not be
deemed to include any person who, acting for a manufacturer or wholesaler,
shall sell or take orders for the sale of goods, wares, and merchandise
to any other manufacturer or wholesaler or to a retailer for resale
in the usual course of business; nor shall the provisions of this
chapter apply to sales made under authority and by order of law nor
to sales made by the vendors of farm or dairy products.
DISTRIBUTOR
A person who goes from house to house on public thoroughfares
or in public places dispensing of circulars, posters, pamphlets, newspapers
or other forms of advertising matter.
MULTIPLE TRANSIENT MERCHANT FACILITY
A facility in which groups of transient merchants, as defined
below, band together to conduct functions commonly known as "trade
shows," "craft shows" and similar functions within the facility for
the same dates and times.
PEDDLER
Any person, traveling by foot, wagon, automotive vehicle,
or any other type of conveyance from place to place, from house to
house, or from street to street. Carrying, conveying, or transporting
goods, wares, or merchandise, offering and producing the same for
sale, or making sales and delivering articles to purchasers, or who,
without traveling from place to place, shall sell or offer the same
for sale from a wagon, automotive vehicle, railroad car, or other
vehicle or conveyance. Any person who solicits orders and as a separate
transaction, makes deliveries to purchasers as part of a scheme or
design to evade the provisions of this chapter, shall be deemed a
"peddler." "Peddler" shall include the words "hawker" and "huckster."
Peddler shall also include any person who is issued a veteran peddlers'
license pursuant to N.J.S.A. 45:24-9 et seq., except that the actual
issuance of a veteran's license and cancellation of a veteran's
license for sale or use to anyone other than the veteran or if the
veteran is convicted of a crime or is guilty of violation of municipal
ordinance shall be governed exclusively by N.J.S.A. 45:24-10 and 45:24-13.
SOLICITOR
A person who goes from house to house selling or buying goods,
wares, merchandise or other things of value by sample or by taking
orders for future delivery or selling a service, with or without acceptance
of an advance payment for the goods, wares, merchandise, other things
of value or service.
TRANSIENT BUSINESS
A sale by a person who was not permanently engaged in business
in the Borough prior to the sale in which the person represents himself
as a bankrupt, an assignee, or about to quit business, or that the
sale is one of damaged goods as a result of fire, water or other cause.
TRANSIENT MERCHANT
A person who, whether a resident of the Borough or not, engages
in a temporary business within the Borough of selling and delivering
goods, wares, merchandise or services within the Borough and who,
in furtherance of such purpose, hires, leases, uses or occupies any
building, structure, motor vehicle, tent, railroad, boxcar or boat,
public room in hotels, lodging houses, apartments or shops, parking
lot, sidewalk, street, alley or other place within the Borough for
the exhibition and sale of such goods, wares and merchandise, either
privately or at public auction.
The purpose of this chapter is to prevent dishonest business
practices, to provide for traffic and pedestrian safety by regulating
the use of the streets and property adjacent thereto by itinerant
or transient merchants, to prevent extended parking or trespassing
on private or public property, to prevent violations of this chapter,
and to generally provide for the safety of the residents of this community
in the best interest of its welfare.
It shall be unlawful for any person to distribute, or cause
to be distributed, to the occupant of any house, unless the same has
been previously ordered, or place or cause to be placed in or on any
premises or in any automobile, or hand to any person on the street,
or attach to any tree, pole, sign, billboard, fence or building except
where located on the premises of the distributor or issuer of any
card, circular, pamphlet, newspaper, papers or other publication or
any form of advertising matter, unless said person shall first obtain
a license therefor. Every person distributing any card, circular,
pamphlet, newspaper, paper or other publication or any form of advertising
matter shall do so in a manner to avoid the littering and scattering
of papers and shall comply with the rules and regulations pertaining
thereto established by the Borough.
When the application is properly filled out and signed by the
applicant, it shall be presented to the Chief of Police, whose duty
it shall be to investigate the statements made therein, and a period
of not more than 10 business days shall be allowed for such investigation
after finger print results are returned, whereupon the Chief of Police
will indicate his approval or disapproval upon the application.
A. If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Chief
of Police shall endorse on such application his disapproval and his
reasons therefor. Any determination by the Chief of Police that an
application is unsatisfactory shall be based on one or more of the
following findings with respect to the applicant:
(1) Conviction of a crime involving moral turpitude.
(2) Prior violation of an ordinance or law pertaining to solicitors and
canvassers.
(3) Previous fraudulent acts or conduct.
(4) Record of breaches of solicited contracts.
B. Approval of application.
(1) In the absence of any such finding, the Chief of Police shall find
the application satisfactory, endorse his approval thereupon and issue
a license.
(2) If, as a result of an investigation, the character and business responsibility
of the applicant are found to be satisfactory, the Chief of Police
shall endorse on the application his or her approval, execute a permit
addressed to the applicant for the carrying on of the business applied
for and return said permit, along with the application to the license
issuing authority, who shall, upon payment of the prescribed investigation
fee, deliver to the applicant the permit and issue a license. Such
license shall contain the signature and seal of the issuing officer
and shall show the name, address and photograph of said licensee and
the kind of goods to be sold thereunder, the amount of fee paid, the
date of issuance and the length of time the same shall be operative,
as well as the license number and other identifying description of
any vehicle used in such soliciting or canvassing. The license issuing
authority shall keep a permanent record of all licenses issued.
(3) When a fee is required under this chapter, the application, bearing
the approval of the Chief of Police, shall be presented by the applicant
to the Borough Treasurer, to whom the fee shall be paid. The Treasurer
shall acknowledge receipt of the fee, in writing, upon the application,
which shall be returned by the applicant to the Chief of Police.
C. Disapproval of application; appeal.
(1) It shall be sufficient for the Police Chief to disapprove an application
for the license for any of the following reasons:
(a)
If the applicant or his or her employer has been convicted of
any crime, misdemeanor, criminal offense or other violation of any
municipal ordinance, or state or federal statute;
(b)
If there is any fraud, misrepresentation, or false statement
contained in the application;
(c)
If the applicant or his or her employer or the employer's
representatives have committed any fraud, misrepresentation, or false
statement in conducting said business in this Borough or elsewhere;
(d)
If the applicant or his or her employer or the employer's
representatives have conducted said business in an unlawful manner
in this Borough or elsewhere.
(2) If an application is found unsatisfactory by the Chief of Police
and he has endorsed his disapproval upon the application, he shall
notify the applicant by mail that the application is disapproved and
shall deny the applicant a license.
(3) Any person aggrieved by the action of the Chief of Police or, in
the absence of the Chief of Police, the officer in charge of police
headquarters, or the license issuing authority, upon the denial of
the license as provided in this chapter shall have the right of appeal
to the Council or their designee. Such appeal shall be taken by filing
with the Borough Clerk, within 14 days after notice of the action
complained of has been mailed to such person's last known address,
a typed written statement setting forth fully the grounds for the
appeal. The Borough Clerk shall set a time and place for a hearing
on such appeal, and notice of such hearing shall be given to the appellant
in the same manner as provided in this chapter, for a notice of hearing.
The decision and order of the Council or its designee on such appeal
shall be final and conclusive.
(4) In case of disapproval of an application, the applicant may appeal
to the Superior Court of New Jersey, for and against the issuance
of a license.
It shall be the duty of the Chief of Police to issue licenses
in all cases where the applicant has complied with the provisions
of this chapter. Licenses will expire on December 31 of each year
and will be in the form of a card bearing the name of the licensee,
the purpose for which it is issued, the date of expiration and the
signature of the Chief of Police, Borough Clerk and seal of the Borough
of Cresskill.
It shall be the duty of the Chief of Police to incorporate as
a part of his monthly report to the Borough Clerk the number of licenses
issued for all licenses.
The license fees shall be as follows:
A. Solicitors: $50 per year, which is hereby determined to be the reasonable
cost of investigating the character and record of such solicitor.
B. Distributors: $50 per year, which is hereby determined to be the
reasonable cost of investigating the character and record of such
distributor.
C. Peddlers: $50 per year, which is hereby determined to be the reasonable
cost of investigating the character and record of such peddler.
D. Transient merchants: $50 per year, which is hereby determined to
be the reasonable costs of investigating the character and record
of such transient merchant.
No person or license holder shall:
A. Peddle, solicit or distribute merchandise except between the hours
of 10:00 a.m. and 9:00 p.m., unless specifically having been invited
to a dwelling by an occupant thereof or having previously made an
appointment with an occupant.
B. Attempt to peddle, solicit or distribute merchandise or printed material
without first having identified himself as a transient merchant, peddler,
solicitor or distributor registered with the Borough and displaying
his badge.
C. Have exclusive right to any location in the public streets or operate
in any congested area in such a manner as to impede the flow of traffic
or of pedestrians or create a breach of the peace.
D. Peddle, solicit or distribute on the premises of any business establishment,
shopping center or mall without the written consent of the owner or
individual agency or organization responsible for the management and/or
operation of the same.
E. Enter or attempt to enter the land of any resident in the Borough
where such resident has posted a notice prohibiting such entry.
F. Refuse to leave any private dwelling or property after having been
once requested to do so by the owner or occupant thereof.
G. Shout, cry out, blow a horn, ring a bell or 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 private premises, for the purpose of attracting attention
to any merchandise or services, without first obtaining written authorization
for the same from the appropriate Borough official.
H. Litter the streets, public places or public or private properties
within the Borough with any merchandise or printed material.
I. It shall be unlawful for any transient merchant, itinerant vendor,
itinerant merchant, peddler, hawker or solicitor to sell, buy, dispose
of or offer to sell or dispose of any goods, wares, merchandise or
other things of value or services in or on any portion of a public
right-of-way.