[HISTORY: Adopted by the Borough Council of the Borough of
Paramus 4-9-1991 by Ord. No. 91-17 (Ch. 21 of the 1969 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A person who goes from house to house or from street to street,
on foot or with a conveyance, carrying with him goods, wares or merchandise
for the purpose of selling and delivering the same to customers.
A person who, traveling by foot or by any type of conveyance,
goes from house to house or from street to street and takes orders
for the sale of goods, both commercial and noncommercial, or for services
to be furnished or performed in the future. Such definitions shall
include any person who, for himself or for another person, leases
or occupies any building, hotel room, shop or any other place within
the Borough for the sole purpose of exhibiting samples and taking
orders for future delivery of personal property or taking orders for
future services. This definition shall not be construed to apply to
soliciting or canvassing for the purpose of the sale of personal property
at wholesale to retailers of such articles.
No person shall engage in the business of a solicitor, canvasser,
peddler or hawker without first obtaining a license therefor.
A.
Every applicant for a license under this chapter shall complete,
sign and verify a written application, in duplicate, on a form furnished
by the Borough Clerk.
B.
The application shall state:
(1)
The name and description of the applicant.
(2)
The permanent home address of the applicant.
(3)
A brief description of the nature of the business and the goods to
be sold or services to be rendered and, in the case of farm or orchard
products, whether produced or grown by the applicant.
(4)
If employed, the name and address of the applicant's employer,
together with credentials establishing the exact relationship.
(5)
The length of time for which the right to do business is desired.
(6)
Whether or not the applicant has been convicted of any crime or disorderly
persons offense or violation of any municipal ordinance and, if so,
the nature of the offense and the punishment or penalty assessed therefor.
(7)
If a vehicle is to be used, a description of the same, together with
the state registration number and other identification details.
(8)
If said application is for a solicitor's and canvasser's
license:
(a)
The place where the goods or property proposed to be sold or
orders taken for the sale thereof are manufactured or produced and
the proposed method of delivery.
(b)
The names of at least two reliable property owners of the County
of Bergen, State of New Jersey, who will certify as to the applicant's
good character and business responsibility or, in lieu of the names
of references, such other available evidence as to the good character
and business responsibility of the applicant as will enable an investigator
to evaluate properly such character and business responsibility.
A.
The applicant shall file the completed application forms, in duplicate,
with the Police Department of the Borough.
B.
At the same time, he shall permit the Police Department to take his
photograph.
C.
Where applicable, the applicant shall obtain and exhibit with the
application a food-handler's permit issued by the Board of Health.
A.
The Chief of Police shall then cause such investigation of the business responsibility of the applicant as the Chief shall deem necessary for the protection of the public, including but not limited to the standards set forth in § 327-14A.
B.
There shall be a waiting period not exceeding 10 days between the
filing of the application and the issuance of the license, for the
purpose of investigation by the Chief of Police.
C.
If, as a result of the investigation, the business responsibility
of the applicant shall be found to be unsatisfactory, the Chief of
Police shall endorse on the original of the application his disapproval
and his reasons for such disapproval and shall return the original
application to the Borough Clerk. The Clerk shall thereupon notify
the applicant of the disapproval and that no license will be issued.
D.
If, as a result of the investigation, the business responsibility
of the applicant shall be found to be satisfactory, the Chief of Police
shall endorse on the original of the application his approval thereof
and return the original application to the Borough Clerk, who shall
so notify the applicant.
A.
The Borough Clerk shall promptly notify the applicant of the approval of his application as set forth in § 327-5 and shall issue the license.
B.
The license shall contain the following:
(1)
The class of license issued.
(2)
The name and address of the licensee.
(3)
A description of the nature of the business.
(4)
A description of the goods to be sold or services to be rendered.
(5)
A description and the state registration number of the vehicle used.
(6)
The number of the license and the amount of fee paid.
(7)
The date of issuance of the license and the expiration date.
(8)
The signature of the Borough Clerk and the Seal of the Borough.
(9)
A photograph of the licensee, attached.
C.
The Borough Clerk shall send a copy of the license to the Police
Department, there to be kept on file. The Borough Clerk shall keep
a permanent record of all licenses issued.
D.
All licenses shall expire on December 31 of the year issued unless
an earlier expiration date is indicated on the license.
A.
At the time of delivery of the license, the Borough Clerk shall also
issue to him a badge, which shall contain in letters and figures of
a size easily discernible from a distance of 10 feet:
B.
Such badge shall, during the time such licensee is engaged in soliciting,
canvassing, hawking or peddling, be worn by him constantly, on the
front of his outer garment in such a way as to be conspicuous.
A.
The fee for a peddler's and hawker's license shall be $50
per annum. Each license shall terminate on the 31st day of December
of the year in which it was issued. No portion of said fee shall be
prorated for any part of the year.
B.
The license fee which shall be charged by the Borough Clerk for a
solicitor's and canvasser's license shall be $50 per year.
[Amended 4-7-15 by Ord. No. 15-08]
C.
None of the license fees provided for by this section shall be so
applied as to occasion an undue burden upon interstate commerce. In
any case where a license fee is believed by a licensee or applicant
for license to place an undue burden upon such commerce, he may apply
to the Mayor and Council for an adjustment of the fee.
After 7:00 p.m., no peddler, hawker, solicitor or canvasser
shall shout, cry out or use any sound device:
A.
No solicitors, canvassers, peddlers or hawkers shall:
(1)
Have any exclusive right to any location in any public place;
(2)
Be permitted to operate in any congested area where his operations
might impede or inconvenience the public. The judgment of a police
officer shall be deemed conclusive as to whether the area is congested
or the public impeded or inconvenienced.
B.
All licenses shall be valid to operate on Monday through Saturday
only between the hours of 9:00 a.m. and 9:00 p.m., except peddlers
of food who shall be permitted to operate from 9:00 a.m. to 9:00 p.m.
seven days a week, subject to approval of the Board of Health.
It shall be the duty of any police officer of the Borough to
require any person seen peddling, hawking, soliciting or canvassing
in the Borough to produce his peddler's and hawker's license
or his solicitor's and canvassers license and to enforce the
provisions of this chapter.
The Chief of Police shall report to the Borough Clerk all convictions for violation of this chapter, and the Borough Clerk shall, in addition to the record of licenses issued as provided by § 327-6, record the reports of all such violations.
A.
Licenses issued under the provisions of this chapter may be revoked
by the Mayor and Council, after notice and hearing, for any of the
following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for the license.
(2)
Fraud, misrepresentation or false statement made by the licensee
in the course of carrying on his business as solicitor, canvasser,
peddler or hawker.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or disorderly person's offense involving
moral turpitude.
(5)
Conducting the business of soliciting, canvassing, peddling or hawking
in an unlawful manner or in such a manner as to constitute a breach
of the peace or as to constitute a menace to the health, safety or
general welfare of the public.
B.
Notice of the hearing for revocation of a license shall be given
to the licensee in writing, setting forth specifically the grounds
of complaint and the time and place of hearing. Such notice shall
be mailed by registered or certified mail, return receipt requested,
addressed to the licensee at his last known address, at least five
days prior to the date set for hearing.
A.
Any person aggrieved by the action of the Chief of Police or the Borough Clerk in the denial of a license as provided in § 327-5 of this chapter shall have the right of appeal to the Mayor and Council. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of was mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal.
B.
The Council shall set a time and place for hearing of such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 327-14B for notice of hearing on revocation.
C.
The decision and order of the Council on such appeal shall be final
and conclusive.
[Amended 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No. 06-2]
Any person who violates any provision of this chapter shall, upon conviction, be subject to the penalties provided by § 1-15 of this Code.
