[HISTORY: Adopted by the governing body of
the Township of Little Falls 12-18-1995 by Ord. No. 753 as Sec. 4-3
of the 1995 Revised General Ordinances. Amendments noted where applicable.]
A.
It shall be unlawful for any solicitor or canvasser,
as hereinafter defined, to engage in such business within the Township
without first obtaining a license therefor in compliance with the
provisions of this chapter.
B.
It shall be unlawful for any peddler, as hereinafter
defined, to engage in such business within the Township without first
obtaining a license therefor in compliance with the provisions of
this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Any individual, whether a resident of the Township of Little
Falls or not, traveling either by foot or by 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 the sale of goods, wares,
and 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 is carrying or exposes for sale a sample
of the subject of such sale or whether he is collecting advance payment
on such sale or not, and shall further include persons traveling as
aforesaid from place to place, from house to house, or from street
to street for the purpose of making canvasses, surveys and/or other
solicitations including canvasses, surveys and/or solicitation of
a charitable, educational or other nonprofit nature, except the following
which shall be exempt from the provisions of this chapter: organizations
such as but not limited to school or educational clubs or organizations;
scouting organizations; athletic programs; church, parish or religious
organizations; civic clubs and organizations. The language of this
definition shall not include wholesale salesmen who periodically call
upon retail merchants.
[1]Any person traveling on foot or by any automotive vehicle
or other type of conveyance, from place to place, from house to house,
or from street to street, carrying, conveying or transporting goods,
wares, merchandise, food, farm products, or provisions, and offering
the same for sale.
Applicants for licenses under this chapter must
file with the Chief of Police sworn applications in writing, in duplicate,
on a form to be furnished by the Chief of Police, which shall give
the following information and costs:
A.
Name and description of the applicant.
B.
Permanent home address and full local address of the
applicant.
C.
Brief description of the nature of the business and
goods to be sold.
D.
If employed, the name and address of the employer
together with a written authorization from the employer authorizing
the applicant to act on its behalf.
E.
The length of the time for which the right to do business
is desired.
F.
The place where the goods and 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.
Three color photographs of the applicant taken within
60 days immediately prior to the date of filing of the application,
which pictures shall be two inches by two inches, showing the head
and shoulders of the applicant in a clear and distinguishing manner.
H.
The fingerprints of the applicant, as well as any
fees dictated by the New Jersey State Police and/or the Federal Bureau
of Investigation for the processing thereof.
I.
The names of at least two references who will certify
as to the applicant's good character and business responsibility,
or in lieu thereof, such other available evidence as to the good character
and business responsibility of the applicant as will enable the Chief
of Police to properly evaluate such character and business responsibility.
J.
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation of any municipal
ordinance, the nature of the offense, the time and place of conviction
and the punishment or penalty assessed therefor.
K.
In the case of an application for peddler's license,
provisions of this chapter that are applicable only to solicitors
and canvassers shall not be applicable to peddlers.
[Amended 12-22-2008 by Ord. No. 1060]
At the time of filing the application, a fee as set forth in Chapter 71, Fees, shall be paid to the Chief of Police to cover the costs of the investigation of the facts stated therein and the issuance of the license. In the case of renewal of a license, the fee shall be as set forth in Chapter 71, Fees.
A.
Upon receipt of an application, the Chief of Police
shall cause such investigation of the applicant's business and moral
character to be made as he deems necessary for the protection of the
public good. If as a result of the investigation, the applicant's
character or business responsibility is found by the Chief of Police
to be unsatisfactory, and the issuance of the license deemed to be
contrary to the public good, the Chief of Police shall endorse on
the application his disapproval and his reason for the same and shall
notify the applicant that his application is disapproved.
B.
In the case of disapproval of an application by the
Chief of Police, the applicant shall have a right of appeal to the
governing body. The appeal shall be taken by a written notice of appeal
filed with the Township Clerk within 10 days after the written disapproval
by the Chief of Police. Upon the taking of such an appeal before the
governing body, the applicant shall have the burden of proving that
the action of the Chief of Police was arbitrary, capricious, and unreasonable.
C.
If the applicant requests a formal hearing, such a
hearing shall be afforded by the governing body at the next regularly
scheduled meeting after the filing of the notice of appeal. The decision
rendered by the governing body shall be final.
[Amended 12-20-2004 by Ord. No. 952]
If as a result of the review of the application
and conduct of an appropriate investigation, the character and business
responsibility of the applicant is found to be satisfactory by the
Chief of Police, he shall endorse upon the application his approval
and shall issue a license to the applicant. The license shall contain
the signature of the Chief of Police and shall show the name and address
and photograph of the applicant, the kinds of goods to be sold thereunder,
the date of issuance, and the length of time the license shall be
operative. The Chief of Police shall keep a permanent record of all
licenses issued by him.
The Chief of Police shall also issue to each
licensee, at the time of delivery of his license, a badge which shall
contain the words "Licensed Solicitor" or "Licensed Peddler" as the
case may be, and which shall indicate the period for which the license
is issued and the kind of goods to be sold thereunder. The said badge
shall also contain a two-inch-by-two-inch color photograph of the
licensee. Such badge shall, during the time the 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.
A license shall be valid for a period of six
months and may be renewed from time to time for additional periods
of six months each. Where a license is sought to be renewed, the application
for a renewal shall be sworn to by the applicant and he shall indicate
whether any of the facts given in the initial application have changed
and if there have been changes of facts, then all of those changes
shall be set forth with particularity in the application for renewal.
No photographs shall be required in an application for renewal.
Every licensee, in addition to exhibiting his
badge, at all times shall be required to exhibit his license if requested
by any citizen being solicited.
It shall be the duty of the members of the Police
Department of the Township to require any person seen soliciting or
canvassing, and who is not known by such officer to be duly licensed,
to produce his solicitor's or canvasser's license and enforce the
provisions of this chapter against any person found to be violating
the same.
Any license issued pursuant to this chapter
may be revoked by the governing body after notice of hearing, for
any of the following reasons:
A.
Fraud, misrepresentation or false statement contained
in the application for a license.
B.
Fraud, misrepresentation or false statement made in
the course of carrying on his business as solicitor or canvasser or
peddler.
C.
Any violation of this chapter.
D.
Conviction of any crime or misdemeanor involving moral
turpitude.
E.
Conducting the business of soliciting or canvassing
or peddling in an unlawful manner or in such a manner as to constitute
a breach of the peace or which constitutes a menace to the health,
safety or general welfare of the public.
Notice of hearing of the revocation of a license
shall be given in writing setting forth the grounds of complaint and
the time and place of the hearing, and shall be mailed, certified
mail, to the licensee at his address as set forth in the application
at least five days prior to the date set for hearing. In addition
to the right of revocation by the governing body upon notice and hearing,
the Chief of Police shall have the right to temporarily suspend, pending
hearing, any license issued under this chapter if such temporary suspension
is deemed by the Chief of Police necessary to protect the health,
safety or general welfare of the public. A temporary suspension by
the Chief of Police shall be valid for a period not to exceed 15 days
or until a hearing is held by the governing body, whichever is sooner.
The equipment used or employed by peddlers of
ice cream, foods, beverages, confections and other related commodities
shall be maintained in a clean and sanitary manner and be subject
to the inspection of the Board of Health or its authorized agents.
Any violation found and not immediately corrected shall be grounds
for revocation of the license.
No peddler shall have any exclusive right to
any location, nor shall be permitted to operate in any congested area
where his operations might impede or inconvenience the public. For
the purpose of this chapter, the judgment of a police officer, exercised
in good faith, shall be deemed conclusive as to whether the area is
congested or the public impeded or inconvenienced.
A.
Any veteran or volunteer fire fighter who holds special
exemption issued pursuant to N.J.S.A. 45:24-9 shall be exempt from
application for a license, but shall be required to comply with all
other applicable subsections of this chapter.
B.
This chapter shall not be construed to include:
(1)
The delivery of milk, eggs, bread, newspapers or such
other necessary and perishable articles of food or merchandise of
the type commonly delivered on a house to house basis at intervals
of less than one week.
(2)
Federal census takers and pools or surveys taken pursuant
to federal, state or local laws shall not be prohibited by this chapter.
C.
This chapter shall not apply to any person distributing
literature or handbills on behalf of a candidate for public office.
The provisions of this chapter applicable to
peddlers are adopted pursuant to the authority of N.J.S.A. 40:52-1
and the provisions applicable to solicitors and canvassers are adopted
pursuant to the authority of N.J.S.A. 40:48-1.
