As used in this chapter, the following terms shall have the meanings
indicated:
CANVASSER or SOLICITOR
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.
PEDDLER, HAWKER or VENDOR
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.
PERSON
Any individual, firm, partnership, corporation, voluntary association,
business entity and any principal or agent thereof.
TRANSIENT MERCHANT
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.
TRANSIENT MERCHANT PEDDLER
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.
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. Information required.
(1) The applicant's name; business address; residence; and
length of time at such residence.
(2) The applicant's address during the past three years if
other than the present address.
(3) The age of the applicant.
(4) The state of birth and driver's license number of the
applicant.
(5) A physical description of the applicant.
(6) 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) The name and address of applicant's employer during the
past three years if other than the present employer.
(8) A description sufficient for identification of the subject
matter of the soliciting, canvassing or peddling in which the applicant shall
engage.
(9) The actual dates when the soliciting, canvassing or peddling
shall take place.
(10) 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) If a vehicle is to be used, description including the
license number.
(12) 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) The date of the last application for license under this
chapter, if any.
(14) Whether a license issued to the applicant under this
chapter has ever been revoked.
(15) 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) The geographic area to be canvassed or solicited.
(17) The length of time for which the license is desired.
B. For transient merchant license. In addition to the foregoing items in Subsection
A, the applicant shall file:
(1) 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) A statement of the location of such goods.
(3) To the application must be attached, in the discretion
of the Borough Clerk, the bills or invoices of purchase of such goods.
C. For transient merchant peddler license. In addition to the foregoing information in Subsection
A, the applicant must show:
(1) The names and addresses of each peddler acting for the
merchant.
(2) The number and nature of arrests or convictions for misdemeanors
or crimes for each peddler.
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. Eliciting a declaration of intention as to the length
of time they intend to remain in the Borough.
B. 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.
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. 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. 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. 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. 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.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as established in Chapter
1, Article
II, General Penalty. The minimum penalty shall be $250.