[Adopted 12-23-1974 as § 4-1 of the 1974 Code, as amended
through Ord. No. O-93-16]
As used in this article, the following terms
shall have the meanings indicated:
A raw, cooked or processed edible substance, ice, beverage
or ingredient used or identified for use or for sale in whole or in
part for human consumption, or chewing gum.
[Added 6-28-2011 by Ord. No. O-11-20]
Includes persons, commonly referred to as either "transient
merchants" or "itinerant vendors,” who engage in merchandising
business in the Township with the intent to close out or discontinue
such business within one year from the date of commencement, including
those who, for the purpose of carrying on such business, hire, lease
or occupy any building, lot, structure, or railroad car for the exhibition
and sale of such goods, wares and merchandise, provided that nothing
herein shall be construed to affect the sale of fruit, vegetables
and farm products, such as meats, poultry, butter and eggs.
[Amended 6-28-2011 by Ord. No. O-11-20]
Any movable restaurant, truck, van, trailer, cart, bicycle
or other movable unit, including hand carried, portable containers
in or on which food or beverage is transported, stored, or prepared
for retail sale or given away at temporary locations. Mobile retail
food establishment licenses are issued for the specific purpose of
providing necessary service to construction sites and isolated industrial
locations therefor. Mobile food establishments shall not operate within
1,000 feet of any permanent retail food establishment, excepting that
mobile food establishments renting space at markets and special functions
will not be governed by this requirement.
[Added 6-28-2011 by Ord. No. O-11-20]
Any person, whether a Township resident or not, who goes
from house to house, from place to place or from street to street
conveying or transporting goods, wares or merchandise or services
and offering or exposing the same for sale or making sales and delivering
articles to purchasers.
Any person, whether a Township resident or not, who goes
from house to house, from place to place, or from street to street
soliciting or taking or attempting to take orders for sale of services,
goods, wares or merchandise, including magazines, books, periodicals,
photographs or personal property of any nature whatsoever, for future
delivery or for services to be performed in the future, whether or
not such individual has, carries, or exposes for sale a sample, or
the subject for such order, or whether or not he is collecting advance
payment on such orders.
Any location on public or private property which the mobile
retail food establishment equipment occupies or where the mobile food
establishment/vendor conducts business in any manner for a total cumulative
time period of no more than one hour in any twenty-four-hour period,
commencing at 12:00 midnight. Any interruption or removal of equipment
and/or of the establishment/vendor during any twenty-four-hour period
shall not constitute the commencement of a new one-hour period.
[Added 6-28-2011 by Ord. No. O-11-20]
A.
This article shall include any person who distributes
circulars for business or commercial purposes from house to house
in the Township.
B.
This article shall not include or apply to:
(1)
Any person soliciting votes or support for 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.
(2)
Any person who is domiciled within the Township and
who is a solicitor or canvasser on behalf of any religious, educational
or charitable corporation, organization, association, or society created
for nonpecuniary profit or who is a solicitor or canvasser on behalf
of any local, i.e., having its principal situs in the Township, charitable
or civic organization, association or society. Any religious, educational
or charitable corporation, organization, association or society approved
by the Internal Revenue Department of the United States for income
tax deductions for contributions thereto or local charity, organization,
or civic association or society approved by a Chamber of Commerce
serving the Township or the immediate areas contiguous thereto shall
presumably be considered to be qualified as the type of corporation,
organization, association or society for which a person domiciled
within the Township may solicit or canvass and be exempt from this
article.
[Amended 6-28-2011 by Ord. No. O-11-20]
It is unlawful for any peddlers or solicitors
to engage in any such business or operations in the Township without
obtaining a license in compliance with this article and only in the
Township locations as permitted herein. Transient merchants shall
also be licensed in accordance with the provisions of N.J.S.A. 45:24-1
et seq.
A.
All licensees who shall offer to sell, display for
sale or sell or deliver fruits and vegetables and farm products from
any vehicles which are wholly or in part open on any of the sides
thereof shall at all times keep all fruits, vegetables and produce
of any kind and nature completely screened and covered with satisfactory
materials in order to avoid and eliminate the accumulation of flies
or any other insects from alighting around or upon any merchandise.
B.
All licensees offering for sale, displaying for sale,
selling or delivering seafood, meats, poultry or dairy products, excepting
eggs, shall transport the same solely in refrigerated vehicles, and
all such products shall remain in the refrigerated portion of the
vehicle at all times, to the time of sale or delivery, and the refrigerated
portion, during the use thereof, shall be maintained at a properly
low temperature to completely safeguard all of the products from a
health and sanitary standpoint to the fullest reasonable extent possible
for safety and welfare of the public.
C.
No licensee shall at any time permit any debris, waste
material, rotting produce or merchandise of any kind or any unfit
produce to remain in or upon his vehicle unless contained in a covered,
metal, leakproof container.
D.
No licensee shall canvass or solicit orders for any
articles from pedestrians or vehicular traffic, other than when his
vehicle is properly parked immediately adjacent to the curb of a public
street in a permitted locality, and the licensee shall at no time
double park when dealing with any of his trade and in no event shall
transact any of his business operations other than on the curb side
of his vehicle.
E.
No licensee shall at any time permit any waste materials
or parts of produce or any other merchandise to remain in or upon
any street, roadway, curbs, or walks, and a licensee shall at all
times remove any such debris that may have fallen from his vehicle
so that the same is immediately placed in the metal containers, as
hereinabove provided.
F.
All sales of merchandise by any licensee shall, at
the time of the sale, be placed in bags or other like suitable containers
when the same is handed to customers of the licensee.
G.
All licensees and their respective vehicles or modes
of transportation in carrying on their permitted businesses shall
at all times fully comply with this article and all Township ordinances
and other applicable state laws and particularly, but not in limitation
thereof, that which may deal with provisions of health, safety and
general welfare.
This article shall not include the acts of persons
selling personal property at wholesale to dealers in such articles,
and nothing contained herein shall be held to prohibit any sale required
by statute or by order of any court.
A.
Applicants for a license under this article shall
file with the Township Clerk a sworn application in writing which
shall give the following information:
(1)
Name and physical description of applicant.
(2)
Complete permanent home and local address of the applicant.
(3)
A description of the nature of the business and the
goods, services or wares to be sold.
(4)
If employed, the name and address of the employer,
together with credentials therefrom establishing the exact relationship.
(5)
The length of time for which the right to do business
is desired and the days of the week and the hours of the day within
which the business will be conducted.
(6)
The source of supply of the goods or property or services
proposed to be sold, where such goods, services or products are located
and the method of delivery.
(7)
Three recent photographs of the applicant, which shall
be approximately two inches by two inches, showing the head and shoulders
of the applicant in a clear and distinguishable manner.
(8)
Appropriate 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.
(9)
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation, the nature
of the offense and the punishment or penalty assessed therefor.
B.
The applicant and the applicant's employees intending
to peddle or solicit within the Township of Howell shall be fingerprinted
and submit the appropriate documentation granting permission to have
the Howell Township Police Department or MorphoTrack, Inc. do a criminal
background check of said applicant and the soliciting or peddling
employee. Each individual shall be fingerprinted in accordance with
applicable state and federal laws, rules and regulations. The Township
official or officer shall be authorized to exchange fingerprint data
with and receive criminal history record information from the State
Bureau of Identification, the Division of State Police and the Federal
Bureau of Investigation. The fingerprinting requirement of this section
shall not apply to an applicant or an employee of an applicant intending
to peddle or solicit within the Township who is under the age 18 years
old. Fingerprinting and background checks must be accomplished and
submitted with the application every three years.
[Amended 10-18-2005 by Ord. No. O-05-37; 8-21-2007 by Ord. No. O-07-32; 9-1-2009 by Ord. No. O-09-50]
C.
No license shall be issued until the application is
approved by the Township Police Department, allowing adequate time
for investigation of the facts set forth in the application.
[Amended 10-18-2005 by Ord. No. O-05-37]
D.
Applications for partners shall be signed by all partners
with the foregoing provisions of this section answered in detail as
to each partner. Applications for corporations shall have attached
thereto individual statements in accordance with all of the provisions
of this section relating to every employee, agent or servant who shall
engage in any of the functions authorized by this article, and each
person shall comply with this article.
A.
Upon submission of the required application and permission
to obtain fingerprints, the Township Clerk shall immediately forward
said information to the Howell Township Police Department. Alternatively,
the applicant may submit the criminal history and fingerprint card
obtained from MorphoTrak, Inc. to the Township Clerk, along with the
completed application. The Howell Township Police Department shall
institute such investigation of the applicant's qualifications for
a license, including moral character, business responsibility, fingerprinting
of the applicant, and nature of product or services, which shall be
reasonably necessary for the protection or the public welfare, and
if the application is approved, notation of the same shall be forwarded
to the Township Clerk to issue the necessary license. If as a result
of said investigation and criminal background check the applicant
and/or individual shall be given notice of denial by the Police Department,
with a copy of same forwarded to the Township Clerk. If denied, the
applicant and/or individual shall have the right to an appeal to be
heard before the Township Manager or his designee not less than 10
days nor more than 20 days from the notice of said denial. The results
of said hearing shall be forwarded to the Township Council for its
final action based on the recommendation of the Township Manager.
[Amended 10-18-2005 by Ord. No. O-05-37; 9-1-2009 by Ord. No. O-09-50]
B.
If, as a result of such investigation, the application
is not approved because the applicant's character or business responsibility
is found to be unsatisfactory, or the product or services are not
free from fraud, or for other valid reasons the applicant does not
qualify for a license, the Township Clerk shall endorse on such application
his disapproval and the reasons therefor and shall notify the applicant
in writing at his last known address that his application has been
disapproved and the reasons therefor.
A.
B.
Any person honorably discharged from the military
service of the United States, possessing a peddler’s license
issued pursuant to N.J.S.A. 45:24-9 and N.J.S.A. 45:24-10 and any
person who is an exempt firefighter, as defined by N.J.S.A. 45:24-9
and 45:24-10, possessing a license in conformity with said law shall
be exempt from the licensing fee. However, any persons claiming an
exemption pursuant to the aforementioned law shall exhibit to the
Clerk a copy of the license issued by the Clerk of the county. Additionally,
any such person claiming exemption must comply with the rules and
regulations set forth herein relative to securing a license. The exemption
only applies to the fee, not the rules and regulations.
[Amended 6-28-2011 by Ord. No. O-11-20]
Every person to whom a license or permit is
issued hereunder shall be governed by the following rules and regulations:
A.
All circulars, samples or other matter shall be handed
to an occupant of the property and not left on or about the same.
B.
No person subject to this article shall canvass, solicit or distribute circulars or other matters or call from house to house except during reasonable hours during the day. Reasonable hours shall be between 9:00 a.m. to 6:00 p.m. on Monday through Saturday of any given week. No such canvass, solicitation or distribution shall take place on Sunday. No individual or group of individuals may knowingly enter property that has displayed a "no knock" sticker or is on the "no knock" registry. See Article III, § 223-22. Any person violating this provision shall be subject to the penalties and violations set forth in § 1-4.
[Amended 10-19-2015 by Ord. No. O-15-39]
C.
No person subject to this article shall conduct himself
in such a manner as to become objectionable or to annoy any person.
D.
Unless
expressly permitted by action of the Township Council, solicitation
or peddling for more than one hour in one location within any twenty-four-hour
period, commencing at 12:01 a.m., is specifically prohibited. Any
interruption or removal of equipment, vehicles, and/or wares during
any twenty-four-hour period shall not constitute the commencement
of a new sixty-minute period.
[Added 6-28-2011 by Ord. No. O-11-20]
E.
No individual
issued a license under this article shall solicit any goods or services,
including but not limited to food, ice cream and soft drinks, in any
municipal park or other place of recreation or cultural activity or
upon any public street or right-of-way adjacent to such municipal
park or place of recreational or cultural activity unless specifically
authorized by the governing body of the Township of Howell.
[Added 6-28-2011 by Ord. No. O-11-20]
No peddler or solicitor nor any person on his
behalf shall shout, make any cry out, blow a horn, ring a bell, or
use any sound device, including any loudspeaking radio or sound-amplifying
system, upon any of the streets, parks or public places or private
premises of the Township, where sound of sufficient volume is emitted
or produced to be capable of being primarily heard upon the streets,
parks or other public places, for any purpose directly or indirectly
associated with attracting attention to or selling or disposing of
any goods, wares, merchandise, articles or services which such licensee
proposes to sell or otherwise dispose of or distribute.
[Amended 6-28-2011 by Ord. No. O-11-20]
No itinerant merchants or transient vendors, whether licensed or not, shall sell or offer for sale any goods or services from roadsides or parking lots within the Township, except as provided under § 223-2B and 9D.
Licensees and permit holders are required to
exhibit their certificate of license at the request of any citizen
or law enforcement officer.
The Township Violations Clerk shall report to
the Township Council all convictions for violation of this article,
and the Township Clerk shall maintain a record for each license issued
and record the reports of violation therein.
A.
Licenses issued hereunder may be revoked by the Township
Council after notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation, or a materially incorrect
statement contained in the application for license.
(2)
Fraud, misrepresentation, or a materially incorrect
statement made in the course of carrying on his business as solicitor
or peddler.
(3)
Any violation of this article.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business of peddler or solicitor, as
the case may be, 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.
Notice of the hearing for revocation of a license
shall be given by the Township Clerk in writing, setting forth specifically
the grounds of complaint and the time and place of 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 hearing or shall
be delivered by a police officer in the same manner as a summons at
least three days prior to the date set for hearing.
A.
Any person aggrieved by the action of the Township
Clerk in the denial of an application for a license as provided herein
shall have the right to appeal to the Township Council. Such application
shall be taken within 14 days after notice of the denial of the application
has been mailed to such person's last known address.
All annual licenses issued hereunder shall expire
at 12:00 midnight on December 31 in the year when issued. Other than
annual licenses shall expire at 12:00 midnight on the date specified
in the license.
This article shall not affect any person engaged
in delivering wares, goods or merchandise, services, or other articles
or things in the regular course of business to the premises of the
person ordering or entitled to receive the same.
