[Adopted 6-7-1982 by Ord. No. 11-1982 as Art. II Ch. 158 of the 1982 Code]
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.
SOLICITOR'S PERMIT or CANVASSER'S PERMIT
The permit issued under this article.
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.[1]
[1]
Editor's Note: See also Ch. 159, Littering, Art. I, Distribution of Commercial Advertisements.
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.
A. 
Upon receipt of the application prescribed by § 195-19, the original thereof shall be referred by the Clerk to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
B. 
If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory due to fraud, misrepresentation or false statements in the application or in the course of carrying on business as a solicitor or canvasser or for conviction of a felony involving moral turpitude within five years of the date of receipt of the application, the Chief of Police shall endorse on such application his disapproval and his reasons for the same and return the application to the City Clerk, who shall notify the applicant that his application is disapproved and that no permit will be issued.
[Amended 10-7-1991 by Ord. No. 15-1991]
A. 
If, as a result of the investigation required by § 195-21A, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse his approval on the application and shall complete the permit form stating:
(1) 
Name and address of the applicant.
(2) 
Kind of goods to be sold or services to be performed.
(3) 
Date of issuance.
(4) 
Length of time for which the permit shall be valid.
(5) 
Vehicle license number and other identifying description of any vehicle to be used in soliciting or canvassing.
B. 
The Chief of Police shall attach the photograph of the applicant to the permit, sign and seal the permit and return the same, together with the application, to the City Clerk.
C. 
The Clerk shall file the application and deliver the permit to the applicant.
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.
A. 
Permits issued under the provisions of this article may be revoked, after hearing, by the Mayor for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for the permit.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or as canvasser.
(3) 
Any violation of this article.
(4) 
Conviction of any crime involving moral turpitude.
(5) 
Conducting the business of soliciting or of canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
Written notice of the hearing shall be given to the person receiving the permit, mailed to him by registered or certified mail to his last known address or to the address stated in his application, specifying the provisions of this article or of the ordinance or statute which the permittee is alleged to have violated. The Mayor, in his discretion, may suspend the operation of the permit pending the hearing.
[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.