[Adopted 4-5-1960 by Ord. No. 343 (Ch.
85, Art. I of the 1975 Code)]
It shall be unlawful for any solicitor or canvasser, as defined in § 337-2 of this article, to engage in such business within the corporate limits of the Borough of Haddon Heights without first obtaining a license therefor as provided herein.
As used in this article, the following terms
shall have the meanings indicated:
Includes the singular and the plural and also means and includes
any person, firm or corporation, association, club, copartnership
or society or any other organization.
Includes, but is not limited to, any person, whether a resident
of the Borough of Haddon Heights or not, traveling either by foot,
wagon, automotive vehicle or any other type of conveyance, from place
to place, from house to house or from street to street, taking or
attempting to take orders for sale of goods, wares, merchandise, personal
property of any nature whatsoever for future delivery, or for services
to be furnished or performed in the future, whether or not such individual
has, carries and/or exhibits a sample of the subject of such sale
or whether he is collecting advance payments on such sales or not,
provided that such definition shall include any person who, for himself
or for another person, firm or corporation, hires, leases, uses or
occupies any building, structure, shop or any other place within the
Borough for the sole purpose of exhibiting samples and taking orders
for future delivery and any individual(s), member or members of or
acting on behalf of any organization, association, fraternity, business,
firm or a carrier who collects or attempts to collect, by physical
possession, a donation or promise of donation to include cash, check
(personal or business), money order or other negotiable instrument
that is intended to be transferred or delivered to another.
[Amended 6-7-2000 by Ord. No. 1085]
Applicants for license under this article must
file with the Borough Clerk a sworn application in writing (in duplicate)
on a form to be furnished by the Borough Clerk, which shall give the
following information:
A.
The name and description of the applicant.
B.
The permanent home address and full local address
of the applicant, if any, and place or places of residence for the
last three preceding years.
C.
A brief description of the nature of the business
and the goods to be sold, literature to be distributed or services
to be rendered.
D.
If employed, the full name and address of the employer
and a statement as to whether employer is an individual, partnership
or corporation, together with credentials establishing the exact relationship
of applicant to employer.
E.
The length of time for which the license to do business
is desired.
F.
The place where the goods or property proposed to
be sold, or orders taken for the sale thereof, are manufactured or
produced, where such goods or products are located at the time said
application is filed and the proposed method of delivery.
G.
A photograph, in duplicate, of the applicant, taken
within 60 days immediately prior to the date of filing the application,
which picture shall be 2 1/2 inches by 2 1/2 inches, showing
the head and shoulders of the applicant in a clear and distinguishing
manner.
H.
The fingerprints of the applicant and the names of
at least two reliable property owners of the County of Camden, New
Jersey, who will certify as to the applicant's good character and
business responsibility or, in lieu of the names of such references,
such other available evidence as to the good character and business
responsibility of the applicant as will enable an investigator to
properly evaluate such character and business responsibility.
I.
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation of any municipal
ordinance, including the nature of the offense and the punishment
or penalty assessed therefor.
J.
A cashier's check or money order (no personal checks or cash will be accepted), payable to Division of State Police-S.B.I., which will be sent by the Chief of Police for a nationwide fingerprint investigation, will accompany the application along with a personal check, cash or money order, payable to the Borough of Haddon Heights. The fees for the nationwide fingerprint investigation and for the application are set forth in Chapter 213, Fees.
[Added 7-19-1994 by Ord. No. 960; amended 10-19-2004 by Ord. No.
1181]
A.
Upon receipt of such application, the original shall
be referred to the Chief of Police, who shall cause an investigation
to be made of the applicant's business and moral character to determine
whether the applicant has been convicted of a crime involving moral
turpitude or has been involved in fraudulent acts or conduct, prior
violations of canvassing or similar ordinances or has a record of
breach or breaches of solicited contracts or other actions evidencing
bad character, and to determine such other matters as he may deem
necessary for the protection of the public in connection with the
activities contemplated by this article.
B.
If, as a result of the investigation, the applicant's
character or business responsibility is found to be unsatisfactory,
the Chief of Police shall endorse on such application his disapproval
thereof and his reason for the same and return the said application
to the Borough Clerk, who shall notify the applicant in writing that
his application is disapproved and that no license will be issued.
C.
If, as a result of such investigation, the character
and business responsibility of the applicant are found to be satisfactory,
the Chief of Police shall endorse on the application his approval
thereof and return the same to the Borough Clerk, who shall deliver
to the applicant a license. All licenses shall be in book form, printed
in duplicate, and shall be numbered consecutively. Such license shall
contain the signature and seal of the issuing officer and shall show
the name and address of the licensee. To said license shall be attached
the photograph of the licensee, signed by the Clerk in such manner
that a part of his signature covers part of the photograph, the remaining
portion appearing on said license. Said license shall state the class
of license, kind of goods to be sold or services to be rendered, the
date of issuance of the license and the length of time the same shall
be operative, as well as the license number and identifying description
of any vehicle to be used by the licensee. The Clerk shall keep a
permanent record of all licenses issued.
[Amended 2-25-1975 by Ord. No. 485]
At the time of filing the application, a fee as provided in Chapter 213, Fees, shall be paid to the Borough Clerk to cover the cost of investigating the facts stated therein.
[Amended 10-19-2004 by Ord. No. 1181]
The Borough Clerk shall issue to each licensee
at the time of delivery of his license a badge, which shall contain
the words "Licensed Solicitor" and "Haddon Heights" and the year of
current issue, which badge shall, during the time such licensee is
engaged in soliciting, be worn constantly by the licensee on the front
of his outer garment in such a way as to be conspicuous.
[Amended 5-7-2013 by Ord. No. 1393]
Licensees are required to exhibit their licenses
at all times while engaging in the activity subject to this article.
The license shall be worn on the front of the person above the waist
so that it may be easily observed and read by a member of the public.
In the event that the licensee utilizes a vehicle in connection with
the activity subject to this section, the license shall be prominently
displayed upon said vehicle. Said license shall be produced and delivered
upon demand of any member of the Haddon Heights Police Department.
Licenses are not transferable.
It shall be the duty of each police officer
of the Borough of Haddon Heights to require any person seen soliciting
or canvassing and who is not known by such officer to be duly licensed,
to produce his license, and to enforce the provisions of this article
against any person found to be violating the same.
The Chief of Police shall report to the Borough
Clerk all convictions for violation of this article, and the Borough
Clerk shall record the reports of violations on his record of the
license.
A.
Licenses issued under the provisions of this article
may be revoked by the Clerk of the Borough of Haddon Heights after
notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his business as a licensee under this article.
(3)
Any violation of this article.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting business as a licensee under this article
in an unlawful manner or in such a manner as to constitute a breach
of the peace or to constitute a menace to the health, safety or general
welfare of the public.
B.
Said license shall be suspended pending the outcome
of the hearing for revocation.
C.
Notice of the hearing for revocation of a license
shall be given in writing, setting forth specifically the grounds
of complaint and the time and place of hearing and that such license
is suspended pending the outcome of said hearing. Such notice shall
be mailed, postage prepaid, to the licensee at his last known address
at least five days prior to the date set for the hearing. (The address
given in the application for license shall be prima facie evidence
of his last known address.)
Any person aggrieved by the action of the Chief of Police or the Borough Clerk in the denial of or revocation of a license shall have the right to appeal to the Council of the Borough of Haddon Heights. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement of appeal, setting forth fully the grounds for the appeal. The Council shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 337-10C of this article for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive.
A.
No person shall exercise the privilege granted by
a license hereunder before the hour of 9:00 a.m. or after the hour
of 8:00 p.m. (local time), nor shall such privilege be exercised at
any time on Sunday.
[Amended 2-16-1993 by Ord. No. 921; 9-2-1997 by Ord. No. 1016; 5-7-2013 by Ord. No. 1393]
B.
No person, whether licensed or not, shall visit or
call at any private residence for the purpose of engaging in any business
covered by this article when banned by the resident by a sign to that
effect.
A.
The agent or other representatives of nonresidents
who come within the provisions of this article shall be personally
responsible for the compliance by their principals and by the businesses
they represent with this article.
B.
No license shall be required of any person for any
mere delivery in this Borough of any property purchased or acquired
in good faith from such person at his regular place of business outside
the Borough where no intent by such person is shown to exist to evade
the provisions of this article.
C.
No license shall be required of any person exempted
therefrom by New Jersey State law, but such person shall first establish
his exempt status to the satisfaction of the Borough Clerk and he
shall comply with the other regulatory provisions of this article.
D.
No part of this article, except § 337-12, shall apply to any nonprofit organization, incorporated or unincorporated, nor to any member of any such organization, provided such organization gives at least one week's advance written notice to the Chief of Police of its intention to engage in the activities covered by this article, stating the date or dates of such contemplated activities.
[Amended 5-7-2013 by Ord. No. 1393]
All annual licenses issued under the provisions
of this article shall expire one year from date of issue.
