The purpose of this chapter is to prohibit unfair competition and dishonest
business practice by the regulation of the conduct of and by the imposition
of license fees for revenue upon all hawkers, peddlers, transient merchants
and itinerant vendors of merchandise and goods and chattels of any kind. It
is also the purpose of this chapter to establish background checks for licensing
of all hawkers, peddlers, transient merchants and itinerant vendors and to
establish and set forth Do Not Drop and Do Not Knock Registries to regulate
the distribution of any unsolicited materials and solicitations in the Township
of North Brunswick.
The Township Clerk is hereby authorized to issue any such license upon
the payment by the applicant of the proper fee therefor, as hereinafter provided.
Any person desiring a license or permit under this chapter shall file, on
a form to be supplied by the Township Clerk, an application with the Township
stating the following:
A. License application:
(1) Name of applicant's business.
(2) Address of applicant's business.
(3) Telephone number of applicant's business.
(4) Name and social security number of applicant.
(5) Applicant's home address and telephone number.
(6) Date and place of applicant's birth.
(7) Place or places of residence of applicant for the preceding
three years.
(8) The kind and nature of merchandise to be sold or offered
for sale.
(9) Whether or not the applicant will use or employ any vehicles
in connection with the operation of the business licensed under this chapter
and, if so, the number of vehicles, license plate number and description of
each vehicle.
(10) Whether or not the applicant has ever been convicted
of a crime, misdemeanor or violation of any ordinance concerning peddlers
and/or hawkers and, if so, where and the nature of the offense or convictions.
(11) All applications for licenses must be accompanied by
an approved fingerprint check from the North Brunswick Department of Public
Safety.
(12) All applications must be accompanied by a signed peddlers
license authorization form.
(13) Two passport-size photographs, one of which must be attached
to the license.
B. Permit application.
(1) Name of employer's business.
(2) Address of employer's business.
(3) Telephone number of employer's business.
(4) Name and social security number of applicant.
(5) Applicant's home address and telephone number.
(6) Date and place of the applicant's birth.
(7) Place or places of residence of the applicant for the
preceding three years.
(8) The kind and nature of merchandise to be sold or offered
for sale.
(9) Whether or not the applicant will use or employ any vehicles
in connection with the operation of the business licensed under this chapter
and, if so, the number of vehicles, license plate number and description of
each vehicle.
(10) Whether or not the applicant has ever been convicted
of a crime, misdemeanor or violation of any ordinance concerning peddlers
and/or hawkers and, if so, where and the nature of the offense or convictions.
(11) All applications for permits must be accompanied by an
approved fingerprint check from the North Brunswick Department of Public Safety.
(12) All applications must be accompanied by a signed permit
application release authorization form.
(13) Two passport-size photographs, one of which must be attached
to the permit.
Every such license shall remain in force and be valid only for the time
therein expressed and shall apply only to the person or persons to whom granted
and shall not be transferable.
Any person to whom such license is granted as herein provided is hereby
required to exhibit such license whenever called upon so to do, and every
person using any sort of receptacle or carrier of any kind or vehicle, whether
propelled by man power, animal power or any form of mechanical power, shall
be required to obtain from the Township Clerk a metal license plate bearing
the words "Township of North Brunswick, License Plate No. ______" and shall
be required to pay therefor, in addition to the fee hereinabove mentioned
for the issuing of the license and in addition to the license fee hereinafter
mentioned, the sum of $20.
The following persons are to be deemed outside the licensure requirements
of this chapter and are exempt from the licensing provisions and fee requirements
(except where noted) thereof:
A. Any vendor of meat, milk, poultry or eggs.
B. Any person selling only at wholesale, from sample, to
dealers in the wares, merchandise or goods sold.
C. Any person selling newspapers or periodicals.
D. Any person engaged in the business of selling goods,
wares or merchandise from a store or building in the Township.
E. Any farmer or gardener selling goods of his own growth.
F. Any federal census takers and polls or surveys taken
pursuant to federal, state or local law shall not be prohibited by this chapter.
The provisions of this chapter shall not be applicable to the delivery
or personal solicitation of:
A. Mail, parcels or packages by and in accordance with the
rules of the United States Postal Service.
B. Parcels, packages and materials delivered by a commercially
recognized courier service or overnight express delivery agency, such as,
by way of example, Federal Express or United Parcel Service.
C. Newspapers and other publications and periodicals if
subscribed to by the owner or occupant of the recipient premises, provided
same are placed firmly in a receptacle designed for such purpose, or, in the
absence of such receptacle, tightly wrapped to prevent blowing or scattering
upon the recipient premises or adjacent areas.
D. Delivery of laundry, dry cleaning, dairy, bakery and
similar food products and commercial product sampling by agreement with or
invitation of the owner or occupant of the recipient premises.
E. Personal delivery or drop off of noncommercial handbills
of a political, charitable, or religious nature whose distribution is or may
be protected by constitutional rights of free speech, provided that same are
packaged and placed in such a manner as not to blow and scatter upon the recipient
premises or adjacent areas.
The Business Administrator of the Township reserves the right to cause
the Township Clerk to revoke and/or rescind any license or permit granted
under this chapter if the person or organization with such license or permit,
as applicable, shall be found:
A. Using false or fraudulent statements in obtaining such
license or permit.
B. Using false or fraudulent statements or other misrepresentations
in the course of carrying on business or employment under such license or
permit, as applicable.
C. Conducting the business of canvassing, soliciting, peddling
or hawking in an unlawful manner or in such a manner as to constitute a breach
of the peace or nuisance or a menace to the health, safety and welfare of
the citizens of the Township of North Brunswick.
D. To have any conviction of a crime or other offense which
would be cause for the denial of an initial license or permit application.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a fine of
not more than $2,000 or by imprisonment for a term not to exceed 90 days,
or by both such fine and imprisonment, in the discretion of the judge. The
continuation of such violation on each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate offense.