As used in this article, the following terms shall have the meanings
indicated:
SOLICIT BUSINESS or SOLICITING BUSINESS and CANVASS BUSINESS or CANVASSING
BUSINESS
When done by personal approach, shall include the following:
A.
Seeking or endeavoring to sell any goods, wares, securities, merchandise
or services whatsoever by sample, description or otherwise.
B.
Taking orders for such goods, wares, securities, merchandise or services
for either present or future delivery with or without a payment in whole or
in part.
C.
Advertising goods, wares, securities, merchandise or services for sale
by passing or circulating handbills.
Except as otherwise provided in this section, nothing contained in this
article shall be construed to apply to any of the following acts:
A. Soliciting done by the legal owner, lessee or agent of
same upon the property owned or leased by the solicitor.
B. Soliciting done for purpose of sale of personal property
at wholesale to retailers in such articles.
C. Delivery of newspapers, advertising circulars or goods
in the regular course of business or the collection of payments therefor.
D. The services of public utilities and their duly authorized
agents or representatives, provided that such exemption for public utilities
shall not apply to the selling of other than public utility services.
E. Soliciting by any religious or charitable organization, provided that any such organization register with the Chief of Police by providing the items specified at §
195-19B(1) through
(5) before commencing solicitation.
F. Soliciting by persons lawfully exempt by state statute
or federal law from the permit requirements set forth herein or by persons
lawfully entitled to conduct a business wherein a license or certificate has
been granted by any department, board, commission or agency of the State of
New Jersey or of the city.
No person shall solicit business or canvass business in the city without
first having obtained a solicitor's permit in accordance with the provisions
of this article.
[Amended 10-7-1991 by Ord.
No. 15-1991]
A. Applicants for permits required by this article shall
file with the City Clerk a sworn application in writing, in duplicate, on
a form to be provided by the City Clerk.
B. The application shall supply the following information
and items:
(1) Name, sex, height, weight and birth date of the applicant.
(2) Permanent home address and temporary local address of
the applicant.
(3) Brief description of the nature of the business and of
the goods to be sold or services to be performed.
(4) Name and address of the applicant's employer, if he is
employed, together with the credentials establishing the exact relationship
between them.
(5) Length of time for which the right to do business is
desired.
(6) Place where the goods proposed to be sold or orders taken
for the sale thereof are manufactured or produced, the place where such goods
or products are located at the time said application is filed and the proposed
method of delivery.
(7) Photograph of the applicant taken within 60 days immediately
prior to the date of filing of the application. The photograph shall be two
inches by two inches and shall show the head and shoulders of the applicant
in a clear and distinctive manner.
(8) Statement as to whether or not the applicant has been
convicted of any crime or violation of any municipal ordinance, the nature
of the offense and the punishment or penalty assessed therefor.
At the time of filing the application prescribed by §
195-19, a fee of $5 shall be paid to the City Clerk to cover the cost of investigation of the facts stated in the application.
The Clerk shall make and maintain a permanent record of every permit
approved by the Chief of Police.
Each permit issued under the provisions of this article shall expire
on December 31 of the year in which issued unless granted a shorter time,
in which event it shall expire on the date specified in the permit.
All persons obtaining permits as solicitors and canvassers shall exhibit
their permits when so requested by any citizen or police officer.
Permits issued under the provisions of this article shall not be transferable.
[Amended 2-17-1999 by Ord.
No. 6-1999; 4-17-2000 by Ord.
No. 7-2000]
Any person violating any of the provisions of this chapter shall, upon
conviction in the Municipal Court of the City of Pleasantville, be punished
for each offense by a fine of not less than $100 nor more than $1,000, imprisonment
for a term not exceeding 90 days and/or a period of community service not
exceeding 90 days. Any person pleading guilty may pay a fine of $100 to the
Municipal Court of the City of Pleasantville.