[HISTORY: Adopted by the Borough Council of the Borough of Mountain Lakes 6-23-1980 as Secs. 4-1 and 4-2 of the 1980 Code. Amendments noted where applicable.]
Article I General Provisions
Article II Charitable Solicitations
For the purpose of this article, and as needed herein, the following words shall have the following meanings:
- Any person who applies for a license in accordance with the terms and provisions of this article.
- Any person who has applied for, has been issued, and holds a license in accordance with the terms and provisions of this article.
- Food, fruit, vegetables, farm products, magazines, periodicals, all kinds of articles of personal property for domestic use, and orders or contracts for home improvements or alterations.
- Any person, whether a resident of the Borough 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 merchandise, offering and exposing the same for sale, or making sales and delivering articles to purchasers. Hawkers, hucksters and vendors shall also be included in this definition.
- A person, also known as a "canvasser," whether a resident of the Borough or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, from house to house or from street to street, to take or attempt to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not the individual has, carries or exposes for sale a sample of the subject of the sale, and whether or not he accepts an advance payment for the goods. Any person taking a poll or a survey from house to house or on the streets or distributing advertisements or handbills is included. The word "solicitor" shall not include wholesalesmen calling on retail merchants.
[Amended 9-10-2012 by Ord. No. 16-12]
No person shall act as or engage in the business of peddler or solicitor within the Borough without having first obtained a license, as provided herein, and except in compliance with all other terms and provisions of this article. Door to door solicitation shall be permitted only by charitable solicitors which are defined as those exempt from the payment of federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code of the United States of America.
Each applicant for a license shall file with the Borough Clerk a sworn written application, in duplicate, on a form to be furnished by the Borough Clerk, which shall give the following information:
Name and description of the applicant.
Permanent home address and full local address of the applicant.
A brief statement of the nature of the business and a description of the goods, wares, merchandise or service 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 license is desired.
If a vehicle is to be used, a description of such vehicle and its license number.
The place where the goods or property to be sold or offered for sale is manufactured or produced, where such goods or property is located at the time such application is filed, and the proposed method of delivery.
A photograph of the applicant, taken within 60 days immediately prior to the date of the application, which shall clearly show the head and shoulders of the applicant and shall measure two inches by two inches.
Two business references located in the County of Morris, 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.
A statement as to whether the applicant and, if employed, the applicant's employer, has been convicted of any crime, misdemeanor or violation of any Borough ordinance, the nature of the offense and the punishment or penalty assessed therefor.
If the application is for door-to-door solicitation, the applicant shall provide proof of a current exemption from the payment of federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code of the United States of America.
[Added 9-10-2012 by Ord. No. 16-12]
At the time the application is filed, a fee shall be paid to the Borough Clerk to cover the cost of processing the application and conducting the investigation hereinafter provided for. The excess, if any, of the fees paid hereunder over the actual cost of processing and investigation shall be paid over to the Borough Treasurer as general revenue. The required fee shall be as provided in § 111-3A.
[Amended 5-28-2002 by Ord. No. 13-02]
The requirements of this section shall not apply to licensed plumbers engaged in solicitation of work required to provide sanitary sewer connections to buildings in the Borough during the period beginning on the effective date of this section and ending on the date of final acceptance by the Borough of the sanitary sewer system and completion of initial residential connections, unless sooner terminated by ordinance.
Upon receipt of an application properly completed and submitted pursuant to § 177-4, the Borough Clerk shall refer the original and duplicate to the Chief of Police, who shall make, or cause to be made, such investigation of the business responsibility and moral character of the applicant and, if employed, the applicant's employer as he deems necessary for the protection of the public good. The duplicate shall be kept on file in the Police Department upon completion of the investigation.
Unsatisfactory findings. If, as a result of such investigation, the moral character or business responsibility of the applicant or, if employed, the applicant's employer is found to be unsatisfactory, the Chief shall endorse on the original application his disapproval and his reasons therefor and return the original application to the Borough Clerk, who shall notify the applicant in writing, either by personal delivery to the applicant or by certified mail to the applicant at the address stated in the application, that the application is disapproved, as well as the reasons therefor, and that no license shall be issued. The applicant shall have the right to appeal from any such disapproval pursuant to the provisions contained in § 177-7.
Any determination by the Chief that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
Conviction of a crime involving moral turpitude.
Prior violation of a peddling or soliciting ordinance.
Previous fraudulent acts or conduct.
Record of breaches of soliciting contracts.
Concrete evidence of bad character.
Such other evidence which establishes good cause to disapprove an application.
In the absence of such findings, the Chief shall find the application satisfactory.
Satisfactory findings. If, as a result of such investigation, the character and business responsibility of the applicant and, if employed, the applicant's employer are found to be satisfactory, the Chief shall endorse his approval on the original application and return the same to the Borough Clerk, who shall, in turn, issued the license to the applicant. Such license shall contain the signature of the Borough Clerk as issuing officer and shall show the name, address and photograph of the licensee, the nature of the license issued, the kind of goods or services to be sold thereunder, the name of the licensee's employer, if any, the date of issue, the length of time the license shall be operative and the motor vehicle license number and other identifying description of any motor vehicle to be used in the peddling or soliciting activity licensed.
The Borough Clerk shall issue to each licensee at the time of delivery of his license a badge which shall show the nature of the license in letters and figures easily discernible from a reasonable distance. Such badge shall be worn constantly by the licensee on the front of his outer garment in such a way as to be visible to a person facing him during the time such licensee is engaged in peddling or soliciting.
Any applicant aggrieved by the action of the Chief or of the Borough Clerk in the denial of a license, as provided in § 177-5, shall have the right of appeal to the Borough Council. Such appeal shall be taken by filing with the Borough Council a written statement setting forth fully the grounds for the appeal. Such statement shall be filed within 14 days after the notice of the action complained of has been given to such person by the Borough Clerk, in accordance with the provisions of § 177-5. The Borough Council shall set a time and place for a hearing on such appeal. The hearing shall be within 30 days of the date of receipt of the applicant's statement, and notice of such hearing shall be given to the applicant in the same manner as provided in § 177-11 for notice of hearing on revocation. The decision of the Council on such appeal shall be final and conclusive.
Any person holding a peddler's license or solicitor's license issued by the Borough Clerk under the authority of this article, or by the Clerk of the County of Morris under the authority of N.J.S.A. 45:24-9, shall be required to carry such license with him while engaged in the business or activity licensed within the corporate limits of the Borough. He shall produce such license at the request of any official of the Borough, or at the request of any person with whom he wishes to conduct business.
Each licensee shall restrict his peddling or soliciting activities within the Borough to the hours between 9:00 a.m. and 5:00 p.m. prevailing time, on Mondays through Saturdays, and shall notify the police officer on duty at least once in every week in which he plans to conduct his activities. Such notification shall include a statement of the general area of the Borough in which the licensee intends to conduct such activities, and a schedule of dates and times when such activities shall be conducted. The licensee shall notify the police officer on duty of any change in area or in dates or times should such changes be made during the week.
No licensee shall:
Call attention to his business or to his merchandise by crying out, blowing a horn, or by any other loud or unusual noises.
Conduct, or attempt to conduct, his business at any residence or on any property on which is posted a sign expressly prohibiting such activity.
Conduct, or attempt to conduct, his business within 200 feet of any place occupied exclusively as a public or private school or for school purposes, nor, during such times, shall he permit his cart, wagon or vehicle to stand on any public highway within such distance of any school property.
Allow any other person to use the license issued hereunder.
The Borough Clerk shall maintain a record of all licenses issued under the provisions of this article and shall record therein all convictions for violations of this article and other pertinent circumstances and incidents reported by the Chief, other Borough officials or other persons.
Licenses issued under the provisions of this article may be revoked by the Borough Council, after notice and hearing, for any of the following causes:
Any misrepresentation or false statement contained in the application for a license.
Fraud, misrepresentation, or false statement by the licensee in the course of conducting the business licensed.
Conviction of any crime involving moral turpitude.
Conducting the business licensed in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
In the event the Chief of Police shall determine that there has been a violation, in accordance with the provisions of this section, he shall then immediately notify the Borough Council of the violation and shall order the licensee to suspend further operation until a hearing, in accordance with the provisions of this section.
Written notice of the hearing for revocation of a license shall be given to the licensee by the Borough Clerk. The hearing shall be held within 30 days of the date of the notice. Such notice shall set forth the specific grounds of the complaint and the time and place of the hearing and shall either be delivered personally to the licensee or be sent by certified mail to the licensee at his last known address at least five days prior to the date set for hearing.
All licenses issued under the provisions of this article shall expire on December 31 of the calendar year in which they are issued. Any such license may be renewed, without payment of an additional registration fee, upon submission by the licensee of a new application in conformity with the requirements of § 177-3 or, in lieu thereof, a sworn written statement setting forth any changes in the information contained in the application for the expired license which are necessary to bring the application completely up to date, or setting forth that there are no such changes. Any new application, or statement in lieu thereof, shall be subject to the provisions and standards set forth in this article.
It shall be the duty of the Chief and of any police officer of the Borough to enforce the provisions of this article.
The provisions of this article shall not apply to the following:
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 et seq.
Any person who is an exempt fireman of a volunteer fire department, as defined by N.J.S.A. 45:24-9 et seq., possessing a license in conformity with the law.
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.
Those persons under 18 years of age.
Federal census takers and polls or surveys taken pursuant to federal, state or local laws.
The equipment used or employed by peddlers of ice cream, foods, beverages, confections and other related commodities shall be maintained in a clean and sanitary manner and be subject to the inspection of the Board of Health or its authorized agents. Any violation found and not immediately corrected shall be grounds for revocation of the license.
As used in this article, the following terms shall have the meanings indicated:
- CHARITABLE and PHILANTHROPIC
- Patriotic, religious, eleemosynary, benevolent, educational, civic or fraternal associations, societies and the like.
- The giving of alms, food, clothes, money subscriptions, pledges or property of any nature or kind.
- PERSON or ORGANIZATION
- Any individual, firm, copartnership, corporation, company, association, church, religious denomination, society, class or league.
- SOLICIT and SOLICITATION
- The request, directly or indirectly, of money, credit, property, financial assistance, or other things of value, on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable and philanthropic purpose, as defined in this section. Solicitation shall be deemed to be complete when made, whether or not the person making the same receives any contribution.
No person or organization shall solicit charitable and philanthropic contributions within the Borough without first obtaining a permit authorizing such public solicitations, provided that the provisions of this article shall not apply to any established person or organization authorized and not operated for the pecuniary profit of any person if the solicitations by such person or organization are conducted among the members thereof or if the solicitations are in the form of collections or contributions at the regular assembly or meetings of any such person or organization.
Application for a permit to make a public solicitation of funds by charitable and philanthropic organizations shall be made to the Borough Clerk upon forms provided by the Borough.
An investigation of the application shall be made by the Chief of Police to determine that the person or organization is bona fide. Upon making such a determination, the Chief of Police shall notify the Borough Clerk.
Upon authorization of the Borough Council, the Borough Clerk shall issue a license for the conduct of activities under this article. There shall be no fee for a permit issued hereunder.
The Borough Clerk shall keep a current calendar of approved solicitations to be conducted within the Borough. He may propose alternate dates for a solicitation if the requested dates should unfairly conflict with other solicitations being conducted within the Borough.
No permit may grant the right to solicit for a period longer than 90 consecutive days.
Any person or organization receiving money from any contributor under a solicitation made pursuant to this article shall give to the contributor a written receipt signed by the solicitor showing the date and the amount received, provided that this article shall not apply to any contribution collected by means of a closed box or receptacle used in the solicitation where the use thereof has been approved by the Borough Council, where it is impractical to determine the amount of each contribution.
All solicitations conducted under the authority of this article shall take place between the hours of 10:00 a.m. and 9:00 p.m., and no solicitation shall be conducted on Sundays. Any person or organization desiring to solicit at hours other than those stated herein shall make a special request therefor on his or its application, and this special request shall be approved or disapproved by the Borough Council. If approval is given by the Borough Council for the solicitation to be conducted at other than the hours stated in this article, the approval shall be plainly stamped on the permit issued by the Borough Clerk.