[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill 1-1-1981
by Ord. No. 80-23-780 as Ch. 93 of the 1981 Code. Amendments
noted where applicable.]
For the purposes of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
- NON-PROFIT-MAKING SOLICITOR
- A person who sells or solicits goods or solicits funds or contributions.
- PEDDLER
- A person commonly referred to either as a peddler or hawker who goes from place to place by traveling on the streets or from house to house and carries with him goods, wares and merchandise for the purpose of selling and delivering them to consumers.
- SOLICITOR
- A person selling goods or services by sample or taking orders for future delivery or performance with or without accepting an advance payment for the goods or services.
It shall be unlawful for any peddler, non-profit-making solicitor or
solicitors to sell or dispose of or offer to sell or dispose of any goods,
wares or merchandise within the Borough without first obtaining a license
and having paid the license fee hereinafter prescribed.
A separate license shall be required to engage in the business of being
a non-profit-making solicitor, a peddler or a solicitor, whether or not the
person engaging in such business also engages in another business regulated
by this chapter. A separate license shall be obtained by a licensed peddler
for every agent or employee working for him.
A.
Any person desiring a license shall obtain from the Borough
Clerk an application blank. The blank shall contain the following information:
(1)
Name of applicant.
(2)
Permanent home residence.
(3)
Name and address of firm represented.
(4)
Three business references.
(5)
The place or places of residence of the applicant for
the preceding three years.
(6)
A description of the wares to be offered for sale.
(7)
The number, either of arrests or convictions for misdemeanors
or crimes, and the nature of the offenses for which arrested or convicted.
(8)
To the application shall be appended a letter from the
firm for which he purports to work authorizing the applicant to act as its
representative.
B.
Upon submitting the application blank to the Borough
Clerk, the applicant shall also pay the required license fee to the Borough
Clerk, which shall be held by the Borough Clerk pending approval or rejection.
In the event that the license is not approved, the license fee shall be returned
to the applicant less the sum of $5 to reimburse the Borough for its expenses
in processing the application.
C.
Space shall be provided on the blank or supplemental
forms for the fingerprints and signature of the applicant for identification
purposes.
D.
The Chief of Police of the Borough shall then make such
investigation or inquiry as is necessary to verify the aforesaid information,
respecting the moral character of the applicant, and shall forward his findings
with the application to the Borough Clerk for action by the Mayor and Council.
The Borough Clerk, upon receiving the application and investigation
of the Chief of Police, shall then cause the same to be presented to the Mayor
and Council for approval or rejection by it. Upon the application being approved
by the Mayor and Council, the license shall be issued by the Borough Clerk.
The license issued shall not authorize any person, except the designated person
named in such license, to engage in business thereunder. The license shall
not be transferable.
A.
All licenses shall be issued on forms drawn in accordance
with this chapter. They shall be printed in book form with corresponding stubs
and shall be consecutively numbered. The license shall contain suitable blank
spaces for writing in the name, the class of license granted, the location
of the business and the amount of fee paid.
B.
There shall be kept in the office of the Borough Clerk
the necessary books for recording the time the application for license is
received, showing the class, whether new or renewal, name of licensee, number
of form, when the application was approved by the Mayor and Council, the amount
of fee received therefor and the date when the license was issued.
C.
The Borough Clerk shall quarterly file a report with
the Borough Council showing the number of licenses granted and the amounts
of fees received therefor. Each report shall state the number and type of
licenses suspended or revoked and the reason for such suspension or revocation.
The report shall be cumulative during the course of the year so that each
report summarizes the action of all preceding months of the current year.
Every person holding a license under this chapter shall carry the license
with him while engaged in the business licensed. He shall produce the license
at the request of any official of the Borough or of any person solicited.
Issuance of licenses to honorably discharged soldiers, sailors, marines
and exempt firemen shall be in strict compliance with N.J.S.A. 45:24-9.1.
A.
B.
Every license shall terminate at the close of December
31 of the year in which it is issued. No license fees shall be apportioned.
Licenses shall be issued without payment of any fee to non-profit-making
solicitors.
A license may be revoked or suspended by the Mayor and Council by reason
of the violation of the terms of the license, the violation of any provision
of this Code, municipal ordinance, state or federal statutes or falsification
in applying for a license. The licensed person shall be granted a hearing
by the Mayor and Council upon his request.
[Amended 10-18-1988 by Ord.
No. 88-18-995]
It shall be unlawful for any peddler, solicitor or nonprofit solicitor
to sell or dispose or offer to sell or dispose of any goods, wares
or merchandise within the Borough between 9:00 p.m. and 9:00 a.m. daily.
