[HISTORY: Adopted by the Board of Commissioners (now Mayor and Council)
of the Borough of Bradley Beach 5-27-1952 (Sec. 5-2 of
the 1974 Code); amended in its entirety at time of adoption of Code (see Ch.
1, General Provisions, Art. III). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A 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. "Canvasser" or "solicitor" shall not include wholesale
salespersons calling on retail merchants.
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
wholesale salespersons calling on retail merchants.
Any individual, firm, partnership, corporation, voluntary association,
business entity and any principal or agent thereof.
A person commonly referred to either as a "transient merchant" or
"itinerant vendor" who engages temporarily in business in this Borough and
who may occupy a room, building, tent, lot or other premises for the purpose
of selling goods, wares and merchandise. "Transient merchant" shall also include
any person who conducts any traveling or street show, carnival or circus and
in connection therewith sells or displays for sale any goods, wares or merchandise.
A person who engages in business in the manner defined by the preceding
paragraph and pursuant thereto becomes a peddler or hawker, or hires a peddler
or hawker, as hereinabove described.
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, solicitors and canvassers as defined in § 344-1.
It shall be unlawful for any transient merchant, hawker, peddler, vendor,
solicitor or canvasser, whether a resident of the Borough or otherwise, to
sell or dispose of or to offer to sell, purchase or dispose of any goods,
wares, merchandise, real estate or publications or to solicit money within
the Borough without first applying for and securing a license as hereinafter
provided.
A.Â
The requirements of this chapter shall not be construed
to apply to the following classes of persons:
(1)Â
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)Â
Any person who is a canvasser or solicitor on behalf
of any religious, educational or charitable corporation, organization, association
or society created for nonpecuniary profit; any religious, educational or
charitable corporation, organization, association, or society approved by
the Internal Revenue Department of the United States for income tax deduction
for contributions thereto shall presumably be considered to be qualified as
the type of corporation, organization or society for whom a person may solicit
or canvass and be exempt from this chapter.
(3)Â
Officers or employees of the Borough, county, state or
federal government when on official business.
(4)Â
Any veteran, first aid volunteer and/or volunteer fireman
who holds a special license issued pursuant to N.J.S.A. 45:24-9 et seq.
(5)Â
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.
B.Â
This chapter shall not apply to any person engaged in
the delivery of goods, wares, merchandise or other articles or things in the
regular course of business to the premises of persons ordering or entitled
to receive same.
Application for license by any person shall be made to the Borough Clerk
during regular business hours. The applicant shall file a sworn, written application
upon a form provided by the Borough, in duplicate, which shall contain or
be accompanied by the following data:
A.Â
Information required.
(1)Â
The applicant's name; business address; residence; and
length of time at such residence.
(2)Â
The applicant's address during the past three years if
other than the present address.
(3)Â
The age of the applicant.
(4)Â
The state of birth and driver's license number of the
applicant.
(5)Â
A physical description of the applicant.
(6)Â
The name and address of the person, firm or corporation
by whom the applicant is employed or whom the applicant represents; the length
of time at such employment or representation; if a corporation, the name and
address of registered agent.
(7)Â
The name and address of applicant's employer during the
past three years if other than the present employer.
(8)Â
A description sufficient for identification of the subject
matter of the soliciting, canvassing or peddling in which the applicant shall
engage.
(9)Â
The actual dates when the soliciting, canvassing or peddling
shall take place.
(10)Â
If goods are to be sold or orders taken therefor, the
name and address where such goods are manufactured or produced and the proposed
method of delivery.
(11)Â
If a vehicle is to be used, description including the
license number.
(12)Â
Two sets of fingerprinting of the applicant. In the event
the holder of a license previously issued desires to renew same, such renewal
applicant shall file a new application in accordance with the requirements
of this chapter, except that the applicant shall not be required to comply
with fingerprinting requirements if the applicant shall have been fingerprinted
at the time of the issuance of the original application.
(13)Â
The date of the last application for license under this
chapter, if any.
(14)Â
Whether a license issued to the applicant under this
chapter has ever been revoked.
(15)Â
A statement as to whether the applicant has ever been
convicted of any crime, misdemeanor or violation of any municipal ordinance
of this state or any other state or federal law of the United States and,
if so, the nature of the offense and the punishment or penalty assessed therefor.
(16)Â
The geographic area to be canvassed or solicited.
(17)Â
The length of time for which the license is desired.
B.Â
For transient merchant license. In addition to the foregoing items in Subsection A, the applicant shall file:
(1)Â
A sworn statement of the true invoice of the amount,
average quality or kind and value of the goods to be offered for sale.
(2)Â
A statement of the location of such goods.
(3)Â
To the application must be attached, in the discretion
of the Borough Clerk, the bills or invoices of purchase of such goods.
For any person applying on behalf of or under the auspices of a firm,
partnership, corporation, voluntary association or other business entity,
the Borough Clerk shall establish the character of the business by:
A.Â
Eliciting a declaration of intention as to the length
of time they intend to remain in the Borough.
B.Â
By requiring a bond in the amount of $1,000 in accordance with and for the purposes provided in N.J.S.A. 45:24-5; to remain in force for one year and be conditioned to indemnify and pay the Borough any penalties and costs incurred in the enforcement of any provisions of Title 45, Chapter 24, Article 1, N.J.S.A. and to indemnify and/or reimburse any purchaser of such personal property as shown in the declarations and disclosures heretofore required in a sum equal to at least the amount of any payment such purchaser may have been induced to make through the misrepresentation as to kind, quality or value of the personal property, whether the misrepresentations were made by the owners or their servants, agents or employees, either at the time of making the sale or through any advertisement printed or circulated with reference to such property or any part thereof; and upon conclusive proof of breach of the foregoing conditions, the bond shall be forfeited.
A.Â
Upon receipt of such application, the original shall
be referred to the Chief of Police who shall investigate the applicant's business
and moral character as may be necessary for the protection of the public welfare.
B.Â
If, as a result of such investigation, the applicant's
character or business responsibility is found to be unsatisfactory, the Chief
of Police shall endorse on such application his disapproval and his reasons
for same and return the application to the Borough Clerk, who shall notify
the applicant that his application is disapproved. Any determination by the
Chief of Police that an application is unsatisfactory shall be based only
upon one or more of the following findings with respect to the applicant:
(1)Â
Convictions of a crime relating adversely to the occupation
of canvassing or soliciting. In such event, the provisions of N.J.S.A. 2A:168A-1
et seq. shall be complied with.
(2)Â
Prior violation of a peddling, soliciting or similar
ordinance.
(3)Â
Previous fraudulent acts or conduct.
(4)Â
Records of breaches of soliciting contracts.
(5)Â
Misrepresentation or false statement contained in the
application for the license.
(6)Â
Concrete evidence of bad moral character.
C.Â
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 his approval on the application, returning
the application to the Borough Clerk, who shall, upon payment of the prescriber
license fee, execute and deliver the license.
D.Â
The license issued hereunder shall contain the signature
of the Chief of Police and Borough Clerk and shall show:
(1)Â
The name and address of the licensee.
(2)Â
The class of license issued.
(3)Â
The kind of goods or services to be sold or distributed
thereunder.
(4)Â
The date of issue.
(5)Â
The length of time the license shall be operative.
(6)Â
The license number and description of any vehicle used
in the activity licensed.
A.Â
All licenses shall be issued on forms drawn in accordance
with this chapter and shall be consecutively numbered. The license shall contain
blank spaces for writing in the name, the class of license granted, the location
of the business and the amount of the fee paid.
B.Â
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 its class, whether new or renewal, name of the licensee,
date of approval, the amount of fee received, and the date the license is
issued. The Clerk shall keep a record of all licenses issued and all complaints
received, if any, concerning each license.
C.Â
The Borough Clerk shall file a monthly report with the
Borough Council showing the number of licenses granted by classes and the
amounts of fees received. Each report shall state the number and class of
licenses suspended or revoked and the reasons for such suspension or revocation.
The Borough Clerk shall compile a summary of all licenses granted under this
chapter during a single year and report such at the final meeting of the Borough
Council.
Every holder of a license issued by the Borough under the authority
of this chapter or by the Clerk of the County of Monmouth under the authority
of N.J.S.A. 45:24-9 shall be required to carry such license (and, if applicable,
display same at its business premises) while engaged in the licensed activity
within the corporate limits of the Borough. The holder shall produce such
license at the request of any official of the Borough or of any resident of
the Borough with whom the holder wishes to conduct the licensed activity.
License fees shall be as follows:
A.Â
Peddlers. For each peddler, regardless of the method
used for transporting his wares and merchandise: cost charged by New Jersey
State Police for background check to be paid at the time of filing the application
to cover the cost of investigation of the facts therein stated; plus $50 per
week or portion thereof. Every peddler's license shall terminate as of December
31 of the year in which it is issued.
B.Â
Transient merchants. For each transient merchant, regardless
of the method used for transporting his wares and merchandise: cost charged
by New Jersey State Police for background check to be paid at the time of
filing the application to cover the cost of investigation of the facts therein
stated; plus $50 per week or portion thereof. Every transient merchant's license
shall terminate as of December 31 of the year in which it is issued.
C.Â
Transient merchant peddlers. For each transient merchant
peddler, regardless of the method used for transporting his wares and merchandise:
cost charged by New Jersey State Police for background check to be paid at
the time of filing the application to cover the cost of investigation of the
facts therein stated; plus $50 per week or portion thereof. Every transient
merchant peddler's license shall terminate as of December 31 of the year in
which it is issued.
D.Â
For all other licenses: $100 to be paid at the time of
filing the application to cover the cost of investigation of the facts therein
stated.
A.Â
It shall be the duty of any police officer of the Borough
to enforce the provisions of this chapter and to require any person seen peddling
or soliciting who is not known by such officer to be duly licensed to produce
the appropriate license.
B.Â
Any license issued hereunder may be suspended by the
Borough Clerk or Chief of Police for any infraction or violation of the terms
of the license, or of any Borough ordinance, state or federal statute, or
for falsification in any statement made in applying for a license.
A.Â
Upon the expiration of any license issued under the provisions
of this chapter, the holder thereof shall surrender the same to the Borough
Clerk within 24 hours. Upon notice of the suspension or revocation of any
license issued under the provisions of this chapter, the holder shall surrender
the same to the Borough Clerk within 24 hours after such notice.
B.Â
The holder of a license shall not canvass or solicit
orders for any articles from pedestrian or vehicular traffic on or adjacent
to any public street, avenue or highway within the limits of the Borough in
such manner as will interfere with the use of such public street, avenue,
highway or other public place. The holder shall not park any vehicle within
the prohibited lines of any public street, road, or public place while engaging
in the licensed activity. Vehicles must be parked adjacent to the right-hand
curbline. No vehicle shall be parked for the purpose of conducting a licensed
activity within 200 feet of any school or school property between the hours
of 8:00 a.m. and 4:00 p.m. on regular school days.
C.Â
The holder shall not enter in or upon any house, building
or other structure or any land or property where there is placed or posted
on the premises a "No Soliciting," "No Salesmen," "No Trespassing," "No Vendors'"
or similar sign or other form of notice stating or indicating that the owner
or occupant thereof forbids or otherwise does not desire persons engaged in
such or similar activity to enter upon the premises. The holder shall not
remain physically present upon nor shall the holder return to any premises
so posted.
D.Â
The holder shall not transact any business which shall
concern any goods, wares, real estate or merchandise other than that specified
in the application for license or which shall consist of fraud, cheating,
or material misrepresentation.
E.Â
The holder shall not remain physically present upon the
premises after being asked to leave by anyone in possession thereof. In addition,
the holder shall not make any further telephone solicitations to an owner
or occupant after having been told by the owner or occupant that such telephone
solicitations are not desired.
F.Â
The holder, except in the case of the sale of perishable
foodstuffs, ice cream or like products, shall give a written receipt to the
purchaser, which receipt shall be signed by the holder, and shall set forth
a brief description of the article ordered, the total purchase price thereof,
and the amount of the payment, if any, received by the holder from the purchaser.
H.Â
No holder shall call attention to its licensed activity
by crying out, blowing a horn or making any other loud or unusual noise (including
but not limited to sounding a bell or similar device or using loudspeakers
or amplifiers).
