[HISTORY: Adopted by the Mayor and Council of the Borough of South River 9-27-1954 (Ch. 125, Art. I, of the 1977 Code). Amendments noted where applicable.]
It shall be unlawful for any solicitors, canvassers or peddlers, as defined in § 255-2 hereof, to engage in such business within the corporate limits of the Borough of South River without first having obtained a permit and license therefor in compliance with the provisions of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- A person who circulates a petition or the seeking of contributions
for a cause, charitable or otherwise, or the practice of distributing
literature, pamphlets, handbills and the like for the purpose of distributing
information or seeking support for any legal purpose or cause, from
a stationary location on a street or other public place, or by going
from house to house, place to place or street to street.[Added 12-11-2017 by Ord. No. 2017-30]
- Includes any person, whether a resident of the Borough of South River or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place, from house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck farm products or provisions, offering and exposing the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter shall be deemed a "peddler" subject to the provisions of this chapter. The word "peddler" shall include the words "hawker" and "huckster."
- Includes the singular and the plural, and also means and includes any person, firm or corporation, association, club, copartnership or society or any other organization.
- Any individual, whether a resident of the Borough of South
River or not, traveling either by foot, wagon, automobile, motortruck
or 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/or 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
has, carries or exposes for sale a sample of the subject of such sale,
or whether he is collecting advance payments on such sales or not;
provided that such definition shall include any person who, for himself
or for any other person, firm or corporation, hires, leases, uses
or occupies any building, structure, tent, railroad boxcar, boat,
hotel room, lodging house, apartment, shop or any place within the
Borough of South River for the sole purpose of exhibiting samples
and taking orders for future delivery.[Amended 12-11-2017 by Ord. No. 2017-30]
Applicants for permit and license under this chapter must file with the Borough Clerk a sworn application in writing (in duplicate) on a form to be furnished by the said Borough Clerk, which shall give the following information:
Name and description of the applicant.
Permanent home address and full local address of applicant, if any.
A brief description of the nature of the business and/or goods to be sold.
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
The length of time for which the right to do business is desired.
The place where the goods or 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.
The fingerprints of the applicant and the names of at least two reliable property owners of the County of Middlesex who will certify as to the applicant's good character and business respectability, or, in lieu thereof, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility.
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 and the punishment or penalty assessed therefor.
A statement by a reputable physician licensed by the State of New Jersey, dated not more than 10 days prior to the submission of the application, certifying the applicant to be free of contagious, infectious or communicable disease.
[Amended 9-14-2009 by Ord. No. 2009-37]
At the time of the filing of the application, a fee as provided in Chapter 155, Fees, shall be paid to the Borough Clerk to cover the cost of the investigation of the facts stated therein.
All applicants for a license under this chapter shall obtain a criminal background check at a private agency approved by the Borough. The results of the criminal background check shall be forwarded by the approved agency directly to the Borough Clerk, who shall in turn forward same to the Chief of Police.
[Added 10-15-2013 by Ord. No. 2013-17]
[Amended 2-9-1977 by Ord. No. 1977-6; 10-15-2013 by Ord. No. 2013-17]
Upon receipt of such applications, the original shall be reviewed by the Chief of Police, the Borough Clerk and the Business Administrator, who shall cause such investigation of the applicant's business and moral character to be made as they deem necessary for the protection of the public good, and the conduct of such investigation prior to the issuance of a license hereunder shall be mandatory. If the result of such investigation is that the application is satisfactory, same shall be approved by the Borough Clerk. If as a result of such investigation the applicant’s background reveals a prior history involving crimes of moral turpitude within the past 10 years or if the applicant’s character or business responsibility is found to be unsatisfactory, the application shall be denied, with reasons for said denial indicated on the application by the Borough Clerk.
The license fee which shall be charged by the Borough Clerk for such licenses shall be as provided in Chapter 155, Fees.
[Amended 4-11-2011 by Ord. No. 2011-15]
The Borough Clerk shall issue to each licensee at the time of delivery of his license a badge which shall contain the words "Licensed Solicitor" or "Licensed Peddler," the period for which the license is issued and the number of the license, in letters and figures easily discernible from a distance of 10 feet. Such badge shall, during the time such licensee is engaged in soliciting, peddling or canvassing, be worn constantly by the licensee on the front of his outer garment in such a way as to be conspicuous. No license or badge issued under the provisions of this chapter shall be used or worn at any time by any person other than the one to whom it was issued.
All peddlers, canvassers and solicitors and any person in their behalf shall comply with the Antinoise Ordinance of the Borough of South River in conducting their business.
No peddler, canvasser or solicitor shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purposes of this chapter, the judgment of the police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
It shall be the duty of any police officer of the Borough of South River 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 peddler's license, and to enforce the provisions of this chapter against any person found to be violating the same.
The Chief of Police shall report to the Borough Clerk all convictions for violations of this chapter, and the Borough Clerk shall maintain a record for each license issued and record the reports of the violations therein.
Permits and licenses issued under this chapter may be revoked by the Chief of Police of the Borough of South River, after notice and hearing, for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor, peddler or canvasser.
Any violation of this chapter.
Conviction for any crime or misdemeanor involving moral turpitude.
Conducting the business of peddling, soliciting or canvassing in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
Notice of the hearing for such revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for such hearing.
Any person aggrieved by the action of the Chief of Police or the Borough Clerk in the denial of an application for a permit or license as provided in § 255-4 of this chapter, or in the decision with reference to revocation of a license as provided in § 255-11 of this chapter, shall have the right of appeal to the Mayor and Council of the Borough of South River. Such an appeal shall be taken by filing with the Mayor and Council within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds of the appeal. The Mayor and Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 255-11 of this chapter for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive.
[Amended 2-9-1977 by Ord. No. 1977-6; 4-11-2011 by Ord. No. 2011-15]
Accredited representatives of all bona fide religious, veterans, civic or charitable organizations, the Rescue Squad and public utility corporations shall be exempted from compliance with § 255-3A(7) through A(9) inclusive and § 255-5 hereof, but all nonreligious groups shall pay the sum as provided in Chapter 155, Fees, upon the issuance of a badge. Local organizations of these types need only advise the Police Department of their intention to solicit or sell and the nature of their operation.
[Amended 5-28-1998 by Ord. No. 1998-14]
No commercial soliciting and/or peddling shall take place on Sundays or other than between the hours of 9:00 a.m. and 5:00 p.m. on weekdays, except by appointment prearranged by the prospective purchaser.
Notwithstanding the above, any nonprofit, not-for-profit, bona fide religious, veterans, civic or charitable organizations, the Rescue Squad and public utility organizations or any other bona fide organization which is exempted from full compliance of this chapter by § 255-13 shall be allowed to canvass the Borough between the hours of 9:00 a.m. and 9:00 p.m. on such days as set forth in the request for canvassing.