[HISTORY: Adopted by the Township Committee
of the Township of Lacey 5-17-1974 as Ch. 82 of the 1974 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Garage and other casual sales — See Ch. 191.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes the words "patriotic," "philanthropic," "social
service," "welfare," "benevolent," "educational," "civic" and "fraternal,"
either actual or purported.
Includes the words "alms," "food," "clothing," "money," "subscriptions,"
"property" and "donation" under the guise of a loan or money or property.
Includes hawkers, peddlers and salespeople, their agents,
servants, employees or representatives, who do not have or own any
retail shop or place of business in the Township of Lacey, who, with
or without any form of container, vehicle or other conveyance, shall,
on the streets or other public places of said township or otherwise
from door to door or from house to house, sell, cause to be sold,
offer for sale or cause to be offered for sale goods, wares or merchandise
of any description whatsoever, or who solicit funds or subscriptions
of any kind, except as hereinafter excluded.
[Amended 7-11-1996 by Ord. No. 96-36]
Any individual, firm, association, corporation, partnership,
society or organization, or any agent, employee or representative
thereof.
Shall not mean and include the word "charitable" as herein
defined, but shall be given their commonly accepted definitions.
The request, directly or indirectly, for money, credit, property,
financial assistance or other thing of value on the representation
that such money, credit, property, financial assistance or other thing
of value will be used for a charitable or religious purpose.
It shall be unlawful for any person, as an itinerant
salesman or vendor, to sell, offer for sale or cause to be sold or
offered for sale within the corporate limits of the Township of Lacey
any goods, wares or merchandise of any kind whatsoever, or to solicit
funds, subscriptions or contributions, except as herein particularly
allowed, without first having applied for and obtained a permit for
such purpose.
This chapter is intended to particularly exclude
wholesalers, holders of special privileges and all the persons exempted
by operation of law.
[Amended 8-20-1981 by Ord. No. 28-81; 7-10-2013 by Ord. No. 2013-14]
An application for a permit as required in § 269-2 hereof shall be made to the Chief of Police upon forms provided by the Township of Lacey. Such application shall be sworn to and filed with the said Chief of Police and shall contain any and all information which the Chief of Police may deem reasonable and necessary pertaining to the applicant and to the goods, wares and merchandise intended to be sold or offered for sale or to the organization or institution for which any solicitation is to be made, and shall include the name and address or headquarters or place of business of the person or persons applying for the permit, and if the said applicant is not an individual, then the names and addresses of the applicant’s principal officers and managers, a description of the goods, wares and merchandise to be sold or the purpose for which the solicitation is being made, and, if the application is for a permit to solicit, the name and address of the person or persons who will be in direct charge of conducting the solicitation and the names of all the promoters connected or to be connected with the proposed solicitation, the sales or solicitation method or methods to be used, and, if solicitation, the time when such solicitation shall be made, giving the dates for the beginning and ending of such solicitation. In addition, the applicant shall submit two letters of recommendation to the Chief of Police concerning the applicant’s moral character.
The Chief of Police shall examine all applications
filed and shall cause to be made such investigation as he shall deem
necessary, including the inspection of any books or records of the
applicant, which shall be made available to him by the applicant at
any reasonable time.
A.Â
The Chief of Police shall issue a permit, provided
that he shall find that the sales or solicitation program or activity
is not fraudulent and that the applicant or its managing officers,
agents, representatives and employees are of good character and reputation,
that the application is truthful and that the kind and character of
the proposed sales or solicitation program or activity is in the interest
of and not inimical to the public's welfare and, in the case of solicitation,
the purpose is solely to finance the charitable or religious cause
described in the application and will not be conducted for or result
in private profit.
B.Â
In the case of solicitation, the charitable or religious
organization shall supply its agents, representatives or employees
with a badge or ribbon containing the name of such organization, and
the name of said agent, representative or employee; said badge or
ribbon shall be worn and conspicuously displayed on the front of the
clothing of such agent, representative or employee.
[Added 8-20-1981 by Ord. No. 28-81]
C.Â
In regard to the sale of goods, wares or merchandise
by itinerant salesmen or vendors, said itinerant salesmen or vendors
shall have prominently displayed on their person or on the vehicle
being utilized for the sale of the goods, wares or merchandise, the
permit issued by the Chief of Police.
[Added 8-20-1981 by Ord. No. 28-81]
[Amended 8-20-1981 by Ord. No. 28-81; 7-11-1996 by Ord. No. 96-36; 10-26-2023 by Ord. No. 2023-28]
A.Â
For each permit to sell goods, wares, or merchandise as a mobile
vehicle vendor, including, but not limited to, ice cream, soft ice
cream products, water ices, fish, vegetables, or mobile food units,
the applicant shall pay to the Township of Lacey the sum of $150,
and said permit shall expire December 31 next ensuing the date of
issuance.
B.Â
For each permit to sell goods, wares, or merchandise as a foot peddler,
meaning a person going from house to house, or person to person, selling
goods, wares, services or merchandise, the applicant shall pay to
the Township of Lacey the sum of $1,000, and said permit shall expire
December 31 next ensuing the date of issuance.
C.Â
For each permit to solicit funds or subscriptions for any duly established
and recognized charitable or religious organization or institution,
the applicant shall not be required to pay, but such permit shall
expire not more than 40 days next ensuing the date of issuance.
D.Â
No such permit shall be effective for more than one person and one
vehicle, but duplicate permits may be issued in like manner for an
additional fee of $100 for each additional person who will sell any
goods, wares or merchandise, and an additional $150 for each additional
vehicle being used in the sale of said goods, wares or merchandise.
No rebate shall be allowed from any fee herein specified for a term
of less than one year.
E.Â
No selling or soliciting shall be permitted except between the hours
of 9:00 a.m. and 8:00 p.m., inclusive, provided that home deliveries
of milk, bread and the like shall not be circumscribed hereby; provided,
further, that trucks peddling coffee, doughnuts and similar items
to work sites shall not be limited to the hours herein provided.
[Amended 8-20-1981 by Ord. No. 28-81]
A.Â
No person shall sell his or her goods, wares or merchandise
on Haines Street and Western Boulevard within 1/2 mile of any public
school.
[Amended 7-11-1996 by Ord. No. 96-36]
B.Â
Any signs utilized by any person to sell his or her
goods, wares or merchandise shall be located on the vehicles being
used by said person in the sale of his or her goods, wares and merchandise.
C.Â
No person shall offer for sale in a township park, as defined in § 261-2, any food, drink or merchandise during the hours of operation of any food stand or food facility operated by a recreation league, booster club or sports organization which operates under a permit issued by the Director of the Department of Recreation in accordance with § 261-36.
[Added 3-9-2000 by Ord. No. 00-07]
An application for a permit shall be granted
or denied within five days from the date that the said application
is submitted to the Chief of Police, and in the event of denial the
Chief of Police shall notify the applicant by certified mail, setting
forth the reasons for denial. Within five days thereafter the applicant
may file with the Township Committee a written request for a hearing
on the said application, together with written exceptions to the findings
of fact upon which the Chief of Police based his denial of the application.
On the filing of such a request, the Township Committee shall fix
a time and place for a hearing shall notify the applicant thereof,
which hearing shall be held within 10 days after the request is filed.
Within 10 days after the conclusion of the hearing, the Township Committee
shall make its decision whether to issue or sustain the denial of
the said permit.
[Amended 8-20-1981 by Ord. No. 28-81]
Any permit which may have been issued may be
revoked and canceled by the Chief of Police on a showing that any
of the provisions of this chapter have been violated or for other
good cause. Upon learning of the alleged violation of any provisions
of this chapter, or for other good cause, the Chief of Police shall
immediately suspend the permit and give the holder thereof written
notice by certified mail of a hearing to be held by him within five
days of such suspension to determine whether or not the permit should
be revoked and canceled. The notice shall contain a statement of the
facts upon which the Chief of Police has acted in suspending the permit.
If, after such hearing, the Chief of Police finds that the chapter
has been violated or other good cause exists, he shall, within five
days after the hearing, revoke the permit and give the holder thereof
written notice of the said revocation and the reasons therefor. Or
in the absence of such finding, the holder shall be notified within
five days in writing of the termination of the suspension of the permit.
In addition, any permit which may have been issued may be revoked
and canceled for a violation of the said chapter or on good cause
shown by majority vote of the Township Committee at any regular or
special meeting thereof after five days' written notice to the permit
holder and upon affording the said holder an opportunity to be heard
with respect to the reasons for such revocation and cancellation.
[Added 10-26-2023 by Ord. No. 2023-28[1]]
A.Â
The Township Clerk shall prepare a list of addresses of those premises
where the owner and/or occupant has notified the Clerk that canvassing,
peddling, itinerant vending and door-to-door sales enterprising are
not permitted on the premises (hereinafter referred to as the "do-not-knock
registry"). Notification shall be by completion of a form available
at the Township Clerk's office during normal business hours.
The list shall be updated on January 1 and July 1 of each year.
B.Â
Any owner and/or occupant who has requested enlistment on the do-not-knock registry, pursuant to Subsection A of this section, shall be able to purchase from the Clerk's office, for a nominal fee, a sticker for display at his/her/its premises indicating enlistment on the do-not-knock registry.
C.Â
The Township Clerk shall submit the do-not-knock registry to the
Chief of Police biannually to be distributed to applicants for a license
to peddle, canvass, itinerant vend or otherwise door-to-door sell
pursuant to the provisions of this chapter. The licensee shall not
peddle, canvass, itinerant vend or conduct door-to-door sales at any
premises identified on the then-current do-not-knock registry.
[Amended 7-11-1996 by Ord. No. 96-36]
Any person violating or failing to comply with
any of the provisions of this chapter shall, upon conviction thereof,
be punishable by a fine of not more than $1,000, by imprisonment for
a term not to exceed 90 days and/or by a period of community service
not to exceed 90 days, in the discretion of the Judge. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
