As used in this chapter, the following terms shall have the
meanings indicated:
CANVASSER or SOLICITOR
Any person who goes from place to place, house to house,
or person to person, selling, offering to sell or purchase, or taking
orders for goods, wares, merchandise, real estate or any article for
future delivery or for services to be performed in the future or for
the making, manufacturing or repairing of any article or thing whatsoever
for future delivery or for the solicitation of money. Canvassing shall
also include any person going from house to house for the purpose
of obtaining the views of any person upon any economic or social question
or a project for the purpose of distributing literature, pamphlets,
circulars, samples and the like for purposes of information and advertising
for noncommercial purposes. Canvasser or solicitor shall not include
wholesale salespersons calling on retail merchants.
COMMERCIAL HANDBILL
Means and includes any printed or written matter, any sample
or device, dodger, circular, leaflet, pamphlet, paper, booklet, or
any other printed or otherwise reproduced original copies of any matter
of literature which:
A.
Advertises for sale any merchandise product, commodity or thing;
B.
Directs attention to any business or mercantile or commercial
establishment or other activity for the purpose of, either directly
or indirectly, promoting the interest thereof by sales;
C.
Directs attention to or advertises any meeting, theatrical performance,
exhibition or event of any kind, for which an admission fee is charged
for the purpose of private gain or profit; or
D.
While containing reading matter other than advertising matter,
is predominately and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so engaged as advertiser or distributor.
HANDBILL DISTRIBUTOR
Means and includes any person engaging or engaged in the
business for hire or gain of distributing commercial or noncommercial
handbills, other than newspapers distributed to subscribers thereof,
and any person receiving compensation directly or indirectly for the
distribution of such handbills.
NEWSPAPER
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the United States Postal Service
in accordance with federal statute or regulation and a newspaper filed
and recorded with any recording officer as provided by law; and, in
addition thereto, includes any periodical or magazine regularly published
with not less than four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL
Means and includes any printed or written matter, any sample
or device, dodger, circular, leaflet, pamphlet, newspaper, magazine,
paper booklet, or any other printed or otherwise reproduced original
or copies of any matter or literature not included in the aforesaid
definitions of a sign, or a commercial handbill, or a newspaper.
NONPROFIT ORGANIZATION
An organization or entity possessing a tax-exempt status
which shall be evidenced by furnishing to the Borough a tax-exempt
number provided by the State of New Jersey and/or the government of
the United States.
PEDDLER, HAWKER or VENDOR
Any person who goes from house to house, place to place,
or person to person, carrying, conveying or transporting goods, wares,
merchandise or services and offering or exposing the same for sale
or delivering articles for purchasers. The words "peddler," "hawker"
and "vendor" shall not include a wholesale salesperson calling on
retail merchants.
PERSON
Any individual, firm, partnership, corporation, voluntary
association, incorporated association, and any principal or agent
thereof, who has not been convicted of any crime or misdemeanor involving
moral turpitude and has not been convicted of any prior violation
of this chapter.
TRANSIENT MERCHANT, ITINERANT MERCHANT and ITINERANT VENDOR
Any person, whether as owner, agent, servant, employee or
consignee, who engages in a temporary business of selling and delivering
goods, wares and merchandise within the Borough of Shrewsbury and
who, in furtherance of such purposes, hires, leases, uses or occupies
any building, structure, motor vehicle, shops or any street, alley
or other public 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 unfair competition, dishonest business practices and fraudulent solicitation, traffic hazards and undue annoyance to householders and tenants by the regulation of transient merchants, hawkers, peddlers, junk dealers, solicitors, canvassers and handbill distributors as defined in §
132-1.
Except as herein provided, it shall be unlawful for any transient merchant, hawker, peddler, canvasser and solicitor or handbill distributor to sell, dispose of or offer for sale or disposal any goods, wares, merchandise or publications or to solicit money, services or other things of value within the Borough of Shrewsbury without first applying for and obtaining a license as required by Chapter
152, Licenses, and complying with all other requirements for applicants for licenses and licensees set forth in said Chapter
152.
The following persons shall be exempt from the requirements of this chapter, except for the provisions of §
132-12 (Time restrictions) and §
132-10 (Regulations for licensees; code of conduct):
A. Any person who conducts a judicial sale under the authority of state
or federal laws.
B. Any exempt member of a volunteer fire department, volunteer fire
engine, hook and ladder, hose or supply company, first aid squad or
salvage corps of any municipality or fire district in this state,
who holds an exemption certificate issued to him as an exempt member
of any such department, company or corps, who is a resident of the
State of New Jersey and who has procured a license in the manner and
under the conditions prescribed in N.J.S.A. 45:24-9 et seq., as amended,
supplemented and in force.
C. Any person honorably discharged from the military forces of the United
States, who is a resident of the State of New Jersey and who has procured
a license in the manner and under the conditions prescribed in N.J.S.A.
45:24-9, as amended, supplemented and in force.
D. Any persons who are the owners or authorized operators of any business or activity described in Subsections
A through
C above, who hold any unexpired license or permit issued by the Borough under any other ordinance in such business or activity, provided that such employer or authorized operator submits to the Borough Clerk, for approval, the name and address of such employed person, and provided that, following such approval by the Chief of Police, to be submitted by him to the Borough Clerk, the employer or authorized operator applies to and obtains from the Borough Clerk a permit showing the name and address of the employer or authorized operator, the name and address of the person so employed, the character of the business or activity and such other matters as may, from time to time, be required by the Police Committee of the Borough.
E. Children 18 years of age or younger that are members of the Boy Scouts,
Girl Scouts, any local grammar/high school educational fundraisers,
local recreation/ travel sports teams, whether they are soliciting,
peddling or canvassing door to door or at a storefront. These individuals/organizations
must first get the approval of the business owners prior to any storefront
solicitation or peddling of merchandise.
F. Bell ringers collecting for the Salvation Army at storefronts during
the holiday season. Approval by the store owners prior to any solicitation
is required.
G. Store owners or their employees handing out coupons or store fliers
within 10 feet of the main entrance to their store.
H. Persons engaged in the sale or delivery of newspapers qualified as
legal newspapers within the meaning of N.J.S.A. 35:1-1 et seq., as
amended, supplemented and in force.
I. Officers or employees of the Borough, state or federal government
when on official business.
J. Any public utility or its employees, which said utility is subject
to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employee shall display the identification
badge or card issued by his employer.
K. Any person, not otherwise subject hereto, 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 ordered
the same or were entitled to receive the same by reason of a prior
agreement.
L. Any person, soliciting votes or support of any bona fide political
candidate seeking public office, including primary election; any activity
or conduct connected with or relating to voter registration; or any
conduct or activity relating to the expressing of opinion on, or soliciting
support for, any public candidacy or public issue or question. As
a courtesy to the Borough, these persons should alert the Borough's
administrative offices and Borough Police Department when they plan
to canvass.
Persons soliciting or canvassing for a lawful recognized nonprofit religious or charitable organization shall be exempt from the licensing fees set forth in Chapter
152. Persons deemed to be lawful, nonprofit religious or charitable organizations must provide the following materials to the Borough Clerk's office and the Borough Police Department prior to the issuance of a canvassing or soliciting license:
A. A completed application to obtain a canvassing/soliciting license
must include the following:
(1) Name of the organization and the purpose of the canvassing/solicitation.
(2) Proof of tax-exempt status from the State of New Jersey or the government
of the United States.
(3) Bylaws or mission statement of the organization, if applicable, confirming
the solicitation is prompted by a desire to finance the charitable
or religious cause described in the application and is not for private
profit.
(4) Name of all solicitors/canvassers, including the specific dates and
times on where in the Borough the solicitation will occur. A copy
of said list shall be provided to the Borough Police Department.
B. The canvassing/soliciting license will be issued to each of the solicitors/canvassers noted in §
132-5A(4). This license must be carried at all times during solicitation within the Borough and must be presented when requested by Borough officials and/or Borough residents.
C. Lawful, recognized religious or charitable organizations are exempt from all provisions within this chapter with the exception of §§
132-5,
132-8B and
132-10.
In addition to the requirements of §
152-7 of Chapter
152, Licenses, persons applying for licenses as transient merchants, itinerant merchants, itinerant vendors, peddlers, solicitors, canvassers or handbill distributors shall furnish this further information on their respective applications or attach the same thereto:
A. Name, address and phone number of business applying for a soliciting,
canvassing, peddling or handbill distribution license.
B. A statement of the nature, character and quality of the goods, wares
or merchandise to be sold or offered for sale, where manufactured
and located and the proposed method of delivery.
C. A brief statement of the nature and character of the advertising
done or proposed to be done in order to attract customers.
D. The place or places within or outside the Borough of Shrewsbury where
the applicant, within two years next preceding the date of said application,
did carry on business, peddle, solicit, canvass or distribute.
E. Such other reasonable information as to the identity or character
of the person or persons having the management or supervision of the
applicant's business or the method or plan of doing such business
as the Borough Clerk may deem proper to fulfill the purposes of this
chapter in the protection of the public good.
F. Name, personal address and phone number of owners of the business noted in §
132-6A authorizing the solicitation, canvassing, peddling or handbill distributing of those listed in §
132-6H.
G. A listing of all misdemeanors, felonies or violations of any municipal
ordinances for which the applicant has been convicted, the nature
of the offense and the punishment assessed therefor. If the applicant
is not an individual, these provisions shall apply to its officers
and managers.
H. The name, personal address and contact number for each person authorized by §
132-6F to canvass, solicit, peddle or distribute handbills on their behalf.
I. Credentials from the person, firm or corporation for which the applicant
proposes to do business, authorizing the applicant to act as such
representative.
J. Criminal history background check.
(1) A criminal history background check will be required for each solicitor,
canvasser, peddler or handbill distributor. The Borough Police Department
requires that the background check be completed by Morphotrak, the
only firm recognized by the New Jersey State Police. The fingerprint
forms will be supplied by the Borough's Police Department when the
applicant completes the license application.
(2) For any canvassing, soliciting, peddler or handbill distribution
licenses being renewed, the police may decide to allow a name check,
instead of a fingerprint background check, if the initial New Jersey
State Police and FBI fingerprint check, performed by Morphotrak, yielded
the approval of the Chief of Police.
(3) No person will be permitted to commence peddling, soliciting, canvassing
or distributing handbills prior to the successful completion of the
criminal history background check process. Any person who refuses
to consent to this procedure shall not be issued a license.
(4) The costs associated with the criminal history background check are
the responsibility of the applicant, not the Borough.
(5) The Borough Police Department will be responsible for maintaining
and reviewing the results of the criminal history record information
received from the New Jersey State Police Bureau of Identification
and the Federal Bureau of Investigation. The Chief of Police will
advise the Borough Clerk's office whether to endorse or deny the license
application.
K. Two photographs of the applicant, taken within 30 days immediately
prior to the date of filing of the application, which pictures shall
be two inches by three inches, showing the head and shoulders of the
applicant in a clear and distinguishing manner.
L. If a vehicle is to be used, a description of the same, together with
the license registration number or other means of identification.
M. A complete schedule of the date, time and place or places in the
Borough where the applicant proposes to solicit, canvass, peddle or
distribute handbills. The license will only be good for one month
at a time, with a maximum of three months within a twelve-month period.
The requirements of this chapter shall not affect or apply to
any person engaged in the delivery of goods, wares, merchandise or
other article in the regular course of business to the premises of
persons ordering or entitled to receive the same.
No soliciting, canvassing, peddling or handbill distribution
shall be conducted in the Borough of Shrewsbury before 9:00 a.m. or
later than 8:00 p.m.
Any person required by this chapter to procure a license who
violates the terms thereof or fails to comply with N.J.S.A. 45:24-1
through 45:24-8, inclusive, as amended, supplemented and in force,
or who violates any of the provisions of this chapter shall, upon
conviction, be subject to a fine of not less than $50 nor more than
$1,250, a term of imprisonment not exceeding 90 days or a period of
community service not exceeding 90 days, or any combination thereof.
[Added 7-18-2022 by Ord. No. 2022-1095]
A. Notwithstanding the provisions of any other subsection of this section,
any person or entity who owns or rents property within the Borough
may register such property on a "Do Not Solicit" list.
B. Registration for the "Do No Solicit" list shall be made as follows:
(1) The "Do Not Solicit" list shall be maintained by the Borough Clerk.
(2) The "Do Not Solicit" list shall consist solely of property addresses,
and shall include no further identifying information concerning the
ownership of the property.
(3) Property owner must notify the Borough Clerk of any change in ownership
of property within the Borough. The Borough Clerk shall remove from
the "Do Not Solicit" list any property which has changed ownership.
C. The Borough Clerk's office shall provide a copy of the "Do Not
Solicit" list to every applicant to whom a license is issued pursuant
to this section.
D. Solicitation of any nature at any address identified on the "Do Not
Solicit" list shall constitute a violation of this section. Each and
every solicitation at an address identified on the "Do Not Solicit"
list shall constitute a separate violation of this section.
E. This section shall not apply to political campaigning, or religious,
charitable, or other not-for-profit entities.