[Adopted 10-5-1977 by Ord. No. 1255]
This article is adopted to regulate the distribution of certain materials, peddling, soliciting and related activities within the Town of West New York. The registration of persons engaged in the above-mentioned activities is required so that the identity of persons going door to door or distributing materials within the Town may be established and so that general regulations may be more effectively enforced for the protection and maintenance of the health, safety and welfare of the inhabitants of the Town and to prevent dishonest business practices and dishonest solicitation of funds in the Town.
As used in this article, the following terms shall have the meanings indicated:
DISTRIBUTOR
Any person who distributes or causes to be distributed on any street or public place within the Town any newspaper, periodical, book, magazine, handbill, circular, card or pamphlet or printed material of any kind.
MERCHANDISE
All goods, wares, food, meat, fish, ice cream, fruit, vegetables, magazines, periodicals, printed material, farm products, services and orders or contracts for services, home improvements or alterations and anything that may be sold or distributed by peddlers, solicitors or distributors, as defined herein.
PEDDLER
Any person, whether a resident of the Town or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any type of conveyance, carrying or transporting merchandise for the purpose of selling and delivering the merchandise to customers. The word "peddler" shall also include the words "hawker" and "huckster."
PERSON
Any individual, firm, partnership, corporation, organization, club, association, or any principal or agent thereof.
SOLICITOR
Any person, whether a resident of the Town or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, soliciting, taking or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services and whether or not he is collecting advance payments on such sales or orders, or who engages in any of the foregoing activities from a stationary location on any street or other public place. The word "solicitor" shall also include the word "canvasser" or any person who goes from door to door, as described above, for the purpose of soliciting and/or who collects funds from a stationary location on any street or other public place.
TRANSIENT MERCHANT
Any person engaging in the activities commonly referred to as transient merchant or itinerant vendor, who merchandises or sells with the intent to close out or discontinue such business within a period of one year from the date of commencement and occupies a room, building, tent, lot or other premises for the purpose of selling merchandise.
It shall be unlawful for any peddler, solicitor, distributor or transient merchant to sell, offer for sale or distribute merchandise, printed material or services within the Town without first registering with, filing an application for registration with, paying a registration fee to and obtaining a registration certificate from the Town of West New York.
A. 
Upon obtaining a registration certificate as hereinafter provided, a peddler, solicitor, distributor or transient merchant may conduct his activities within the Town only as long as he adheres to the regulations set forth herein and carries the registration certificate upon his person at all times during the conduct of his activities. The registration certificate shall identify the person and the type of activity for which he has registered and shall be shown to any person or police officer upon request. All certificates shall expire December 31 of the calendar year in which they are issued.
B. 
No more than 22 registration certificates shall be issued in any one calendar year, and no more than 22 registration certificates shall be outstanding at one time.
[Added 12-15-1982 by Ord. No. 1582; amended 4-16-1986 by Ord. No. 1714]
C. 
Registration certificates shall not be transferable, and if a registration certificate is issued to a corporation, any transfer in the ownership of the shares of said corporation shall be considered a transfer of the certificate for purposes of this section, and same shall not be permitted.
[Added 12-15-1982 by Ord. No. 1582]
[Amended 12-15-1982 by Ord. No. 1582]
Every applicant for a certificate under this Article shall file with the Department of Health a sworn written application on a form to be furnished by said Clerk, which shall give or be accompanied by the following information or documents:
A. 
Name and description of the applicant.
B. 
Permanent home address and full local address of the applicant.
C. 
A brief statement of the nature of the business and a description of the merchandise or service to be sold.
D. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
E. 
The length of time for which the certificate is desired.
F. 
If a vehicle is to be used, a description of such vehicle and its license number.
G. 
The place where the merchandise or services to be sold or offered for sale are manufactured or produced, where such goods or property are located at the time such application is filed and the proposed method of delivery.
H. 
A photograph of the applicant taken within 60 days immediately prior to the date of the application, which photograph shall clearly show the head and shoulders of the applicant and shall measure two inches by two inches.
I. 
Two business references located in the County of Hudson, State of New Jersey, or in lieu thereof such other available evidence of the character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and responsibility.
J. 
A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
K. 
The fingerprints of the applicant.
[Amended 12-15-1982 by Ord. No. 1582]
A. 
When the application is properly filled out and signed by the applicant, the original and duplicate thereof shall be filed with the Department of Health; the Department of Health shall refer the original to the Commissioner of Public Safety, who shall make or cause to be made within five days such investigation of the applicant's business responsibility and character as he deems necessary for protection of the public good.
B. 
If as a result of such an investigation the applicant's character or business responsibility is found to be unsatisfactory, the Commissioner of Public Safety shall endorse on such application his disapproval and his reasons therefor and return the said application to the Department of Health. Any determination by the Commissioner of Public Safety that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
(1) 
Conviction of a crime involving moral turpitude.
(2) 
Prior violation of a peddling or soliciting ordinance.
(3) 
Previous fraudulent acts or conduct.
(4) 
Record of breaches of solicited contracts.
(5) 
Evidence of bad character or bad faith in dealing with the public.
C. 
In the absence of any such finding, the Commissioner of Public Safety shall find the application satisfactory and shall endorse his approval on the application and return the application to the Department of Health.
[Amended 12-15-1982 by Ord. No. 1582]
A. 
If an application is found unsatisfactory by the Commissioner of Public Safety and he has endorsed his disapproval upon the application, the Department of Health shall notify the applicant by mail that the application is disapproved and shall deny the applicant any registration certificate.
B. 
If an application is found satisfactory by the Commissioner of Public Safety, the Department of Health shall forward the application to the Board of Commissioners, who shall approve or disapprove said application by majority vote and, if approval is granted, shall issue a registration certificate addressed to the applicant to conduct the business applied for upon payment of the proper fee by the applicant. Such certificate shall contain the signature of the issuing officer and shall show the name, address and photograph of the applicant, the type of business (peddler, solicitor, distributor, transient merchant) the applicant has registered for, the kind of goods or services to be sold thereunder, the date of issue, the length of time the certificate shall be operative and the license number and other identifying description of any vehicle used in the activity licensed.
[1]
Editor's Note: Former § 284-8, Fees, as amended, was repealed 9-4-2019 by Ord. No. 16/19. See now § 186-10AA.
A. 
Prior to the issuance of any certificate, the applicant shall file with the Town Clerk a bond running to the Town in the amount of $1,000, with good and sufficient surety, in such form as shall be approved by the Town Attorney or his designated representative. Said bond shall remain in force for the term of the certificate and shall be conditioned to indemnify and pay the Town for any penalties or costs incurred in the enforcement of any of the provisions of this article and to indemnify or reimburse any purchaser of personal property from the holder of the certificate 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 the kind, quality or value of the personal property, whether the misrepresentations were made by the licensee or said licensee's agents, servants or employees either at the time of making the sale or through any advertisement printed or circulated with reference to such personal property or any parts thereof.
B. 
The aforesaid bond shall be declared forfeited upon proof of falsification in the application for a certificate.
C. 
Said bond shall be deemed forfeited upon proof of violation of any of the provisions of this article by the applicant or his agents, servants or employees.
D. 
The Board of Commissioners may, by resolution, exempt persons from the bond requirement, provided that the applicant satisfies the Board that the nature of his activity does not jeopardize the position of the Town or the protection given herein to the residents.
[Amended 12-15-1982 by Ord. No. 1582]
Any person aggrieved by the action of the Board of Commissioners or of the Department of Health in the denial of a certificate, as provided in § 284-7 of this article, shall have the right of appeal to the Board of Commissioners. Such appeal shall be taken by filing with the Board of Commissioners, within 14 days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Board of Commissioners shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 284-11 of this article for notice of hearing on revocation. The decision of the Board of Commissioners on such appeal shall be final and conclusive.
A. 
Certificates issued under the provisions of this article may be revoked by the Board of Commissioners after notice and hearing for any of the following causes:
(1) 
Fraud, misrepresentation or a material incorrect statement contained in the application for a certificate.
(2) 
Fraud, misrepresentation or a material incorrect statement made in the course of carrying on his business as solicitor, peddler, distributor or transient merchant.
(3) 
Any violation of this article.
(4) 
Conviction of any crime or misdemeanor.
(5) 
Conducting the business of peddler, solicitor, distributor or transient merchant in an unlawful manner or in such 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 certificate shall be given by the Town 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 holder of the certificate at the address given on the application at least five days prior to the date set for the hearing or shall be delivered by the agent of the Town in the same manner as a summons at least three days prior to the date set for the hearing.
C. 
Upon revocation, the certificate shall be surrendered to the Department of Health.
[Amended 12-15-1982 by Ord. No. 1582]
No person or certificate holder shall:
A. 
Peddle, solicit or distribute merchandise except between the hours of 8:00 a.m. and 6:00 p.m., unless specifically having been invited into a house by the occupant or having made an appointment with a person previously.
B. 
Attempt to peddle, solicit or distribute merchandise or printed material without first having identified himself as a peddler, solicitor or distributor registered with the Town and displaying his certificate.
C. 
Have exclusive right to any location in the public streets or operate in any congested area where his operations might impede or inconvenience the public.
D. 
Leave at a property or house or in any public place circulars, samples or other matter, except newspapers, which shall be defined as periodicals with a paid circulation of at least 90% of its total circulation, except when handed to a person or house occupant.
E. 
Enter or attempt to enter the land of any resident in the Town without an express invitation from the occupant of the house.
F. 
Conduct himself in such a manner as to become objectionable to or annoy an occupant of any house.
G. 
Shout, cry out, blow a horn, ring a bell or use any sound-making or amplifying device upon any of the streets, parks or public places of the Town or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, parks or other public places of the Town, or upon private premises, for the purpose of attracting attention to any merchandise or services.
H. 
Distribute obscene merchandise or printed material or that which advocates unlawful conduct.
I. 
Litter the streets, public places or properties within the Town with any merchandise or printed material.
J. 
Remain in one stationary location for more than 10 minutes and fail to move at least 300 feet within said ten-minute period.
K. 
Any and all holders of registration certificates who distribute, sell or peddle items of food shall be required to complete at least twice each year a food-handler's course to be operated by the Department of Health or a designated agency appointed by the Department of Health. The cost of attending said course shall be borne by the holder of the registration certificate.
[Added 12-15-1982 by Ord. No. 1582]
[Added 5-19-1993 by Ord. No. 2060]
A. 
No person, firm or entity, licensed or unlicensed, shall engage in any activity as a peddler, solicitor, distributor or transient merchant to sell, offer for sale or distribute with or without charge any materials or services at any of the following locations within the Town of West New York:
(1) 
Any sidewalk, street, park or public property within a one-thousand-foot radius from the entrance to the West New York swimming pool.
(2) 
Inside the entrance to the West New York swimming pool on its property.
(3) 
At any other location within the Town of West New York which is designated by the Mayor and Board of Commissioners as being unsafe or unfit for the above activity, by posted sign.
B. 
The Town shall erect a sign at each of the above locations prohibiting soliciting and listing the number of this section.
C. 
The penalty for violation of this section shall be a fine of not more than $200 for a first offense and not more than $500 for each subsequent offense. Each twenty-four-hour day or part thereof shall be a separate offense for the purpose of imposing a fine.
The following persons or organizations are exempt from the payment of a fee and, in the discretion of the Commissioner of Public Safety, the application and/or investigation procedures, upon compliance with all other provisions of this article and submission of applicable identification and documents to support the claim to exemption:
A. 
Any recognized charitable or religious society that shall conduct sales of personal property when the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable or religious object for which the society exists.
B. 
Any person honorably discharged from the military services of the United States, possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and 45:24-10.
C. 
Any person who is an exempt fireman of a volunteer fire department, as defined in N.J.S.A. 45:24-9 and 45:24-10, possessing a license in conformity with said law.
D. 
Any public utility or its employees, which said public utility is subject to regulation by the State Board of Public Utility Commissioners; provided, however, that such employees shall display the identification badge or card issued by their employer.
E. 
Any person selling fruits and farm products grown by himself, with or without the help of others.
F. 
Any person engaged in the delivery of goods, wares or merchandise or other articles or things, in the regular course of business, to the premises of persons who had previously ordered the same or were entitled to receive the same by reason of a prior agreement.
G. 
Any school, political or recognized civic organization, benevolent society, service club or organization not for profit which is located in or has a substantial membership from the Town.