[Adopted 10-26-1995 by Ord. No. 26-1995 as Sec. 5-13 of the 1994 Code]
This article is adopted to regulate the distribution of certain materials and peddling, soliciting and related activities within the Township. The licensing of persons engaged in the above-mentioned activities is required so that the identity of persons going door-to-door or distributing materials or food and beverages within the Township may be established, 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 Township and to prevent dishonest business practices and dishonest solicitation of funds in the Township.
As used in this article, the following terms shall have the meanings indicated:
- One who is not in business of selling goods, but one who makes surveys for research purposes, analyses, opinion polls, rating data and any such similar work which by its nature involves a door-to-door or place-to-place activity, and shall include persons going from door to door or place to place for the purpose of contributions, donations or alms for any persons or organization, or distribution of circulars.
- All goods, wares, food, meat, fish, ice cream, fruit, vegetables, magazines, periodicals, printed materials, farm products, services and orders or contracts for services, home improvements or alterations and anything that may be sold or distributed by peddlers or solicitors.
- Any person, whether a resident of the Township or not, who goes from house to house, from place to place or from street to street, or whether stationary or traveling by foot, automotive vehicle or any other 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.
- Any person, whether a resident of the Township 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 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/she 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 any public place. The word "solicitor" shall also include the word "canvasser."
- TRANSIENT MERCHANT
- Any person engaging in the activity commonly referred to
as "transient merchant" or "itinerant vendor" who merchandizes 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, lot or other premises for the purpose of selling merchandise,
but shall not include a tent or other outdoor structure, either temporary
or permanent, unless said structure receives zoning and land use approvals
or a waiver therefrom.[Amended 9-12-2018 by Ord. No. 20-2018]
It shall be unlawful for any person, peddler, solicitor, distributor or transient merchant to sell, offer for sale, hawk, peddle, solicit or canvass, or distribute merchandise, printed material or services within the Township without first securing a license from the Township Clerk by filing an application for license, filing the required bond, paying the license fee and obtaining a license from the Clerk.
In addition to the required mercantile license, the applicant may need a license from the Washington Township Board of Health if the applicant is selling consumable goods.
Upon obtaining a license as hereinafter provided, a peddler, solicitor or transient merchant may conduct his/her activities within the Township only as long, as he/she adheres to the regulations set forth herein and carries the license upon his/her person at all times during the conduct of his/her activities. The license shall identify the person and the type of activity for which he/she has registered and shall be shown to any Township official upon request.
All licenses shall expire December 31 of the calendar year in which they are issued. A separate license shall be required for each vehicle used.
This article shall not apply to:
Any veteran or exempt fire fighter who holds a special state license.
Any person soliciting a vote or support for any political candidate or program.
Any person soliciting for a bona fide charitable, religious, patriotic, community service or philanthropic purpose or organization.
Any person engaged in delivering wares, goods or merchandise or articles or things in the regular course of business to the premises of the person ordering or entitled to receive the same.
Wholesale salespeople calling on businesses.
Public utilities or their employees, provided that such public utility is subject to regulation by the State Board of Regulatory Commissioners, and provided that such employees display the identification badge or card issued by their employer.
Any person selling fruits or farm products grown by himself/herself, with or without the help of others.
Written application for a license shall be made to the Township Clerk and shall show, in addition to the information required by § 133-2:
The name of the applicant and of all persons associated with the applicant in this business.
The type of business for which the license is desired.
In case of transient merchants, the place where the business is to be carried on.
The length of time for which the license is desired.
The present place of business of the applicant.
The places of residence of the applicant for the two years last past.
Two business references located in the State of New Jersey or, in lieu thereof, such other available evidence of the character and business responsibility of the applicant.
The Township Clerk shall issue the license within a period of 10 days of the date of receiving the application, provided that the application is complete and that there is nothing in the application to indicate that the applicant's character or business responsibility is other than satisfactory for carrying on such business within the Township. In the event that the application is rejected, the Township Clerk shall note such rejection on the application and return it to the applicant along with the application fee.
When the mercantile license is for the sale of food, the issuance is predicated upon a satisfactory County Board of Health inspection.
Before the license shall be issued, the applicant shall execute and deliver to the Township Clerk a good and sufficient bond with a good and sufficient surety in an amount of $200. Such bond shall remain in force for one year from the date of issuance and shall be conditioned to indemnify and pay the Township of Washington 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 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 and to indemnify or reimburse any such purchaser in an amount equal to at least the amount of any payment such a purchaser may have made to a licensee for personal property or products the delivery of which is not made as represented by the licensee.
The fees for licenses under this article shall accompany the application and shall be as set forth in Chapter 80, Fees.
[Amended 3-12-2003 by Ord. No. 4-2003; 9-12-2018 by Ord. No. 20-2018]
No person duly licensed under this article shall hawk, peddle or solicit before 10:00 a.m. or after dusk, Monday through Saturday, nor at any time on the day commonly called "Sunday."
No license issued under the provisions of this article shall be used at any time by any person other than the one to whom it was issued.
Every license shall remain in force and be valid only for the time thereon expressed. All yearly licenses shall run until December 31 of any given year. All monthly licenses shall run until the last day of the month in which the license was issued.
No licensee shall:
Attempt to peddle, solicit or distribute merchandise or printed material without first having identified himself/herself as a peddler, solicitor or distributor registered with the Township and displaying his/her license.
Have exclusive right to any location in the public streets or operate in any congested area in such a manner as to impede the flow of traffic or of pedestrians or create a breach of the peace.
Enter or attempt to enter the land of any resident in the Township without written authorization from the landowner.
Refuse to leave any private dwelling or property after having been once requested to do so by the owner or occupant thereof.
Shout, cry out, blow a horn, ring a bell or use any sound-making or amplifying device on any of the streets, parks or public places of the Township or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the private premises, for the purpose of attracting attention to any merchandise or services, without first obtaining written authorization for same from the Chief of Police or his/her nominee.
Distribute obscene merchandise or printed material or that which advocates unlawful conduct.
Required. No person, except as provided herein, shall canvass, distribute circulars or other matter or call door to door or place to place in the Township without first registering with the Township Clerk.
Exemption. Distribution of newspapers, supplements thereto and advertising circulars and canvassing by political candidates or other persons campaigning in regard to public questions are hereby exempt from the provisions of this article, subject, however, to the requirements contained in § 172-21A requiring that all circulars or samples be left in a secure place on the premises.
Each registrant, at the time of registering, shall file with the Township Clerk an application, in writing, which shall give the following information:
Name, age and physical description of the applicant.
Complete permanent home and local address of the applicant.
Name and address of the organization or person for whom the solicitation is being made.
Description of the nature of the business and the goods, services or wares to be sold and sufficient information to determine whether or not the business to be transacted is interstate or intrastate commerce.
Two photographs of the applicant, which shall be approximately 2 1/2 inches by 1 1/2 inches in size, showing the head and shoulders of the applicant in a clear and distinguishing manner.
A statement as to whether or not the applicant has been convicted of a crime, misdemeanor or disorderly conduct offense, where and when so convicted, the nature of the offense and the penalty, if any.
The make, model, year, color and license plate number of automobiles used by the applicant during the period of solicitation within the Township and the number of his/her driver's license and the state of issuance.
A separate registration must be made for every solicitor, agent or employee soliciting within the Township limits.
Each registrant, upon being so registered, shall be issued within a reasonable time a registration certificate by the Township Clerk, upon which shall be affixed one photograph of the applicant signed by the Township Clerk or, in his/her absence, the person acting in his/her place, so that part of his/her signature covers part of the photograph.
Each registrant shall immediately pay to the Township Clerk a license fee as set forth in Chapter 80, Fees. Such license shall be issued for a period of 30 days and may be renewed for additional thirty-day periods without payment of fee; provided, however, that all rights of renewal shall expire on December 31 of the year of issue and shall not be transferable.
Each registrant shall carry the registration certificate at all times when in the Township and shall exhibit it to any citizen or police officer upon request.
Any person, organization, society or association of a charitable, religious, patriotic, philanthropic or community nature desiring to solicit or have solicited in its name money, property or financial assistance for which no merchandise, wares or services are required shall be exempt from the provisions of §§ 172-16 and 172-18, provided that there is filed with the Township Clerk an application, in writing, giving the following information:
Each solicitor for such organization, society or association shall carry proper identification and shall display same upon request.
Members of organizations, societies, associations of a charitable, religious or patriotic or philanthropic or community nature soliciting or canvassing members of their own organization are exempt from the provisions of this article. However, it is expressly provided that solicitation aforesaid is strictly limited to members of the particular organization.
Every person to whom a registration certificate is issued under the terms of this article shall be governed by the following rules and regulations:
All circulars, samples or other matter shall be handed to an occupant of the property or left in a secure place on the premises.
No person subject to the provisions of this article shall canvass, solicit or distribute circulars or other matter, except during the hours between 10:00 a.m. and dusk, Monday through Saturday.
[Amended 3-12-2003 by Ord. No. 4-2003; 9-12-2018 by Ord. No. 20-2018]
No person subject to the terms of this article shall enter or attempt to enter the house or apartment of any resident in the Township without an express invitation from the occupant of the house or apartment.
No person subject to the terms of this article shall conduct himself/herself in such a manner as to become objectionable to or annoy any person while soliciting within the Township limits.