[HISTORY: Adopted by the Township Committee of the Township of Readington 4-7-1986.
Amendments noted where applicable.]
GENERAL REFERENCES
Distribution of handbills — See Ch. 152.
This chapter shall be known as the "Transient Merchant and Peddler Licensing
Ordinance of the Township of Readington."
This chapter is adopted to regulate the distribution of certain materials,
peddling, soliciting and related activities within the Township of Readington.
The registration of persons engaged in the above-mentioned activities is required
so that the identity of persons going door to door or distributing materials
within the township may be established, so that general regulations may be
more effectively enforced for the protection and maintenance of the health,
safety and welfare of the inhabitants of the township and to prevent dishonest
business practices and dishonest solicitation of funds in the township.
A.
PEDDLER
PERSON
RESIDENCE
SOLICITOR or CANVASSER
For the purposes of this chapter, the following words
are used herein and shall be considered to have the following meanings:
Includes any person, whether a resident of the township or not, traveling
on foot or by wagon, automobile or motor truck or any other type of conveyance
from place to place, from house to house or from street to street and carrying,
conveying or transporting goods, wares, merchandise, meats, fish, vegetables,
fruit, food, ice cream, fruit ices, soda water, garden farm products or provisions;
offering and exposing the same for sale; or making sales and delivering articles
to purchasers. The word "peddler" shall include the words "hawker," "huckster"
and "vendor."
Any individual, firm, partnership, association, group of persons
and/or corporation.
Includes every separate living unit occupied for residential purposes
in which one or more persons reside within any type of building or structure.
Any person, whether a resident of the township or not, traveling
either on foot or by wagon, automobile, motor truck or any other type of conveyance
from place to place, from house to house or from street to street, taking
or attempting to take orders for the sale of goods, wares and merchandise
or 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 item being offered for sale,
with or without accepting an advance payment for the goods. The word "solicitor"
or "canvasser" shall also include any person who may be taking a poll or survey
from house to house or on the street or distributing advertisements or handbills.
B.
All references to the masculine gender are merely for
the purposes of convenience and shall not be construed otherwise.
[Amended 8-21-1989 by Ord. No. 262-89]
Except as hereinafter provided in §§ 171-12 through 171-14, it shall be unlawful for any transient merchant, hawker, peddler, junk dealer, solicitor or canvasser to sell or offer to sell any goods, publications or services or to solicit money within the Township of Readington without first applying for, paying a registration fee and obtaining the requisite license from the township.
Upon obtaining a license as provided, a peddler, solicitor or transient
merchant may conduct his activities within the township only so long as he
adheres to the regulations set forth herein and carries the license upon his
person conspicuously displayed at all times during the conduct of his activities.
The license shall identify the person, the type of activity for which he has
registered, a photograph on the license, the date of the validity of the license
and the words "Licensed Peddler" in letters and figures easily discernible
from a distance of 10 feet. Such badge shall, during the time such license
is engaged in peddling or soliciting, be worn constantly by the licensee.
A.
Except as provided in §§ 171-12 through 171-14 herein, application for a license as a solicitor, canvasser or peddler shall be made to the Township Clerk of the Township of Readington, at the office of the Township Clerk during regular business hours. The applicant shall file a written application upon a form provided by the township in duplicate, which shall contain or be accompanied by the following data:
[Amended 8-21-1989 by Ord. No. 262-89]
(1)
The name of the applicant and the permanent address of
the merchant making the application; length of residence at such address;
and business address if other than address listed. If the applicant is a firm
or corporation, then the name and business and home addresses of the members
of the firm or the offices of the corporation must be listed, as the case
may be.
(2)
If the applicant is a corporation, there shall be stated
in the application form the date of incorporation, the state of incorporation
and, if the applicant is a corporation formed in a state other than the State
of New Jersey, the date on which such corporation qualified to transact business
as a foreign corporation in the State of New Jersey.
(3)
If the applicant has resided at his present address for
less than three years, then the previous address of the applicant's residence
during the past three years.
(4)
If the applicant is employed, the name and address of
the employer, together with credentials therefrom establishing the employment
relationship therewith.
(5)
A statement showing the kind of business proposed to
be conducted, the length of time for which the applicant desires to transact
such business and the location or locations of such proposed business operation.
A description of the nature of the business shall include the commodities
or services to be offered for sale or purchase.
(6)
If a vehicle is to be used, a description thereof, including
the state of registration, license plate number, the name and address of insurance
carrier and the insurance policy number; goods are to be sold or orders taken
therefor, the name and address where such goods are manufactured or produced
and the proposed method of delivery.
(7)
A complete physical description of the applicant.
(8)
Three recent photographs of the applicant, passport size,
which shall be approximately two inches by two inches, showing the head and
shoulders of the applicant in a clear and distinguishable manner, taken within
60 days of the application for this license. Said photograph shall be affixed
to the application.[1]
(9)
Whether or not the applicant has ever had a license to
conduct the business sought to be licensed and whether or not the applicant
has ever had a license to conduct said business denied or revoked in the Township
of Readington. If so, set forth the particulars and details thereof.
(10)
A statement as to whether or not the applicant for this
license has ever been convicted of any crime, misdemeanor or violation of
any municipal ordinance of this state or any other state or a federal law
of the United States, except traffic violations and, if so, the nature of
the offense and the punishment or penalty assessed therefor.
(11)
A set of the applicant's fingerprints on the standard form used by the various police forces of the State of New Jersey. Said fingerprints shall be taken by the Readington Township police. Pursuant to New Jersey Statutes Annotated Title 53, Chapter 1, Article 2, and supplements thereto, no license shall be issued until the application is approved by the Township Clerk and the Chief of Police, allowing adequate time for investigation of the facts set forth in the application. This provision shall not apply to activities or organizations outlined in §§ 171-12 through 171-14 of this chapter.
B.
Applications for partners shall be signed by all partners
with the foregoing provisions of this section answered in detail as to each
partner. Application of the corporation shall have attached thereto individual
statements, in accordance with all of the provisions of this section relating
to every employee, agent or servant who shall engage in any of the functions
authorized by this chapter, so that each person must comply with this chapter.
C.
A fee of $25 shall accompany the application for this
license, and said fee shall constitute the license fee until said license
is terminated or revoked in accordance with this chapter. Said fee shall not
be refundable and shall be used to defray the cost of investigating and processing
this application.
D.
Each license issued shall bear the signature of the Township
Clerk in the absence of any provision to the contrary.
E.
All licenses shall terminate one year from the date of
issuance thereof.
A.
Following the filing of the application with the Township Clerk, the Clerk shall forward a copy of the application to the Chief of Police, who shall immediately investigate the applicant's prior activities in order to determine his responsibility, character and ability to properly conduct the licensed activity without harm to the public welfare. The Chief of Police shall communicate his findings in writing and recommend approval or denial of a license to the Township Clerk within 10 days after the application has been filed. If the Chief of Police determines, pursuant to the criteria enumerated in § 171-9, that the applicant's record is such that the applicant cannot reasonably be presumed to be able to conduct properly the licensed activity without harm to the public, the Chief of Police shall notify the Clerk, who shall refuse to issue the license and who shall so notify the applicant in writing pursuant to § 171-8.
B.
In the event that it appears to the Township Clerk and
the Chief of Police that all the necessary information has been provided and
that no impediment exists to the issuance of this license, the Clerk shall
issue the license forthwith within 15 days after such notification by the
Chief of Police, provided that the required license fees have been paid. All
licenses issued under this chapter shall authorize only the person named in
said license to engage in the business designated therein. Said license shall
not be transferable from the person to whom issued to any other person. A
separate license shall be obtained for every servant, agent or employee of
a person, notwithstanding that said person shall be licensed hereunder.
A.
Notice of the denial of license shall be given in writing
by the Township Clerk. The notice shall specifically set forth the grounds
on which denial is based. It shall be served by mailing a copy to the licensee
at the address listed on his application by certified mail, return receipt
requested, within five days of denial of the application.[1]
B.
An applicant who has been denied a license shall have
the right to appeal such denial to the Township Committee by filing a written
notice of said appeal with the Township Clerk within 10 days after notification.
The notice of appeal shall include a request for an appeal hearing before
the Township Committee.
C.
At the hearing, the licensee shall have the right to
appear and be heard, to present evidence, to be represented by an attorney
and to make a permanent record made of the proceedings at his own expense.
The Township Committee may deny the license of the applicant if it is satisfied
by a preponderance of the evidence that the license should not be issued.
The determination of the Township Committee shall be conclusive. No person
whose license has been denied shall receive any partial or total refund of
the license/application fee.
All licenses issued under this chapter may be denied, revoked or suspended
by the Chief of Police or the Mayor and the Township Committee for any of
the following causes:
A.
Misrepresentation or false statement contained in the
application.
B.
Misrepresentation or false statement made in the course
of carrying on the activities herein.
C.
Conviction of a crime or a misdemeanor involving moral
turpitude.
D.
Conducting the licensed permitted business in an unlawful
manner and violation of this chapter, state or federal statute or regulation
or in such manner as to cause breach of the peace, to create a nuisance or
to constitute a menace to the health, safety or general welfare of the public.
E.
A determination by the Chief of Police, after investigation,
that the applicant's character of business responsibility is unsatisfactory.
A.
In the event that a license is revoked or suspended by the Clerk of the Township of Readington, the Township Committee or the Chief of Police, said licensee shall be notified in the same manner as set forth in § 171-8A. Such person shall have the right to appeal to the Township Committee, provided that a written notice of the appeal, setting forth the request for an appeal hearing and the basis of the appeal, is made in writing and filed with Township Clerk or Mayor of the township within 10 days after the revocation or suspension of a license. The decision of the Township Committee on such appeal shall be final and conclusive.
B.
At the hearing, the licensee shall have the right to
appear and be heard, to present evidence, to be represented by an attorney,
to present witnesses in his own behalf, to cross-examine opposing witnesses
and to make a permanent record of the proceeding at his own expense. The Township
Committee may revoke or suspend a license if it is satisfied, by the preponderance
of the evidence, that the licensee is guilty of the acts charged. No person
whose license has been suspended or revoked shall be entitled to a refund
of the application fee in whole or in part.
C.
The Township Clerk may issue another license to a person
whose license has been revoked or suspended as provided in this section if,
at any time after the initial hearing, the Township Clerk is satisfied by
clear and convincing evidence that the acts which led to the revocation or
suspension are not likely to occur again. The Clerk may make rules and regulations
for the purpose of administering the provisions of this section. No regulation
shall be inconsistent with or alter or amend any provision of this chapter,
and no regulation shall impose any requirement which is in addition to or
greater than the requirements that are expressly or by implication proposed
by any provision of this chapter. Such regulation shall take effect no less
than 10 days after being filed by the Township Committee.
A.
All circulars, samples or other matters shall be handed
to an occupant of the property and not left on or about the same.
B.
No person or license holder shall peddle, solicit or distribute merchandise except between the hours of 8:00 a.m. and 6:00 p.m. or sunset, whichever occurs earlier, unless specifically having been invited to a dwelling by an occupant thereof or having previously made an appointment with said occupant. This provision shall not apply to activities or organizations outlined in § 171-14 of this chapter.
[Amended 8-21-1989 by Ord. No. 262-89[1]]
C.
No person or license holder shall attempt to peddle,
solicit or distribute merchandise or printed material without first having
identified himself as a peddler, solicitor or distributor registered with
the township and without carrying his license conspicuously on his outer garment
during solicitation.[2]
D.
No solicitor or peddler shall have an exclusive right
to any location on the public streets or operated in any congested area in
such a manner as to impede the flow of traffic or of pedestrians or create
a breach of peace. The judgment of a police officer, exercised in good faith,
shall be deemed conclusive as to whether the area is congested and whether
the public impeded or inconvenienced.
E.
No solicitor or peddler shall enter or attempt to enter
the land of any resident in the township where such resident has posted a
notice prohibiting such entry.
F.
No solicitor or peddler shall refuse to leave any private
dwelling or property after having once been requested to do so by the owner
or occupant thereof.
G.
No solicitor or peddler shall shout, cry out, blow a
horn, ring a bell or use any sound-making or -amplifying device upon any of
the streets, parks or public places of the township or upon private premises
where sound is sufficient or where volume is emitted or produced therefrom
to be capable of being plainly heard upon private premises, for the purpose
of attracting attention to any merchandise or services, without first obtaining
written authorization for the same from the appropriate township official.
H.
No solicitor or peddler shall distribute obscene merchandise
or printed material or that which advocates unlawful conduct.
I.
No solicitor or peddler shall litter the streets, public
places or public or private property within the township with any merchandise
or printed material.
J.
Except as hereinabove provided, all general regulations
hereunder shall be applicable to organizations canvassing or soliciting in
connection with a political campaign, charitable or religious activities or
any activity related to soliciting support for a public issue or question.
[Added 8-21-1989 by Ord. No. 262-89]
No requirement of this chapter shall be construed to abrogate the special
rights and privileges of:
A.
Federal census takers or duly authorized takers of federal,
state or local governmental surveys, none of whom shall be required to comply
with this chapter.
B.
Officers or employers of the township, county, state
or federal government when on official business.
C.
Any person soliciting votes or support for any bona fide
political candidate seeking public office, including primary elections; any
activity or conduct connected with or relating to voter registration; or any
conduct or activity relating to the expressing of opinion in or soliciting
support for any political candidacy or public issue or question.
A.
The following persons are exempt from the payment of
a fee and, in the discretion of the Chief of Police, are exempted from investigation
procedures upon compliance with all other provisions of this chapter and submission
of applicable identification documents to support their claim of exemption:
(1)
Any person who is domiciled within the township and who
is a solicitor or canvasser on behalf of any religious, educational or charitable
corporation, organization, association or society created for nonpecuniary
profit or who is a solicitor or canvasser on behalf of any local fraternal
organization having its principal membership within the township or any local
charitable or civic organization, association or society. Any religious, education
or charitable corporation, organization, association or society approved by
the Internal Revenue Department of the United States for income tax deduction
for contributions thereto or local charity or organization or civic association
or society approved by a Chamber of Commerce serving the township or the immediate
area contiguous thereto shall presumably be considered to be qualified as
the type of corporation, organization, association or society for whom a person
domiciled within the township may solicit or canvass and be exempt from the
application of this chapter.
(2)
Any charitable or religious organization or society which
is recognized as tax-exempt under the United States Internal Revenue Code
that shall conduct sales of personal property where the proceeds thereof shall
be applied to the payment of the expenses thereof and to the charitable or
religious objects for which the society exists.
(3)
Any person honorably discharged from the military service
of the United States possessing a special state license in conformity with
N.J.S.A. 45:24-9 and 45:24-10. Said veteran shall be required to procure from
the Township Clerk a special veteran's permit to be issued after the
production of proper identification.
(4)
Any person who is an exempt fireman of a volunteer fire
department as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing a license
in conformity with said law.
(5)
Any public utility or its employees with said public
utility which is subject to regulation by the State Board of Public Utility
Commissioners; provided, however, that such employees shall display the identification
badge or card issued by their employer.
(6)
Any person selling fruits and farm products grown by
themselves, with or without the help of others.
(7)
Any person engaged in the delivery of goods, wages or
merchandise or other articles or things, in the regular course of business,
to the premises of persons who have previously ordered the same or were entitled
to receive the same by reason of a prior agreement.
(8)
Sales at wholesale to retail merchants by commercial
travelers or selling agents in the usual course of business.
(9)
Wholesale trade shows and/or conventions.
(10)
Sale of goods, wares or merchandise by sample catalog
by brochure for future delivery.
(11)
Retail or sale of ice cream and/or flavored water ice
by motor vehicle during the summer months.
(12)
Any general sale, fair, auction or bazaar sponsored by
any civic, fraternal, educational or religious organization.
(13)
Garage sales held on the premises devoted to residential
use.
(14)
Sales of crafts or items made by hand and sold or offered
for sale by the person making such crafts or handmade items.
(15)
Any new home construction contractor, residential developer,
master plumber or electrical contractor who is licensed or regulated by any
state, county or municipal agency, division, department or professional board
and any contractor of home improvements as defined in N.J.A.C. 13:45A-16.1,
who, in the normal course of business, advertises or performs his services
in the Township of Readington, provides any such trades and complies with
all state, county and municipal regulations enforceable by the Township Construction
Code Officials.
(16)
The sale of produce, flowers or other agricultural products
from buildings or from roadside stands, which premises in question are owned
by the farmer; and nothing herein shall prohibit the sale of agricultural
products on land owned by the farmer unless prohibited by the Readington Township
Land Development Ordinance.[1]
(17)
Persons delivering milk, eggs, bread, newspapers or such
other necessary and perishable articles of food or merchandise or services
of the type commonly delivered on a house-to-house basis at intervals of less
than one week.
B.
If any person, organization or corporation not included
on this list has reason to believe that it is exempt from the provisions of
this chapter, it has the right to apply to the Readington Township Clerk for
a certification of exemption, which shall be granted by the Clerk if he or
she is satisfied that the person, organization or corporation is exempt. This
provision is not to be construed as requiring a certificate of exemption in
all cases, since it is a discretionary application to clarify the exempt status
for the benefit of the applicant.
C.
In the event that the Township Clerk has a question as
to whether particular application is exempt, the Township Clerk shall refer
the applicant to the Township Committee for decision on whether or not it
is exempt. If the Township Committee finds that the applicant is exempt, it
shall authorize the Township Clerk to issue a certificate of exemption.
D.
A transient merchant not otherwise exempt from the provisions
of this chapter shall not be relieved or exempted from the provisions of this
chapter by reason of associating himself temporarily with any local dealer,
auctioneer, trader, contractor or merchant or by conducting such temporary
or transient business in connection with or in the name of any local dealer,
auctioneer, trader, contractor or merchant.
A.
Any person canvassing or soliciting in connection with
a political campaign or charitable or religious organization or society or
any representative of such organization or society recognized as tax-exempt
under the United States Internal Revenue Code, when such canvassing or solicitation
does not involve the sale or attempted sale of merchandise, shall, at least
24 hours prior to such canvassing or solicitation, present himself to the
office of the Chief of Police and shall provide said Chief of Police with
the following information:
(1)
The nature and anticipated duration of such canvassing
or solicitation.
(2)
The approximate number of persons who will be canvassing
or soliciting.
(3)
The name and address of the person in charge of such
canvassing or solicitation.
(4)
The full name and address of the political, charitable
or religious organization on behalf of which such solicitation or canvassing
is to be conducted.
(5)
The names, to the extent known, of the persons who are
expected to go door to door or to distribute materials within the township.
B.
The purpose of such registration is that the identity
of persons going door to door or distributing materials within the township
may be established for the protection and maintenance, safety and welfare
of the inhabitants of the township and to prevent this kind of solicitation
of funds within the township. No license or fees shall be required.[1]
C.
It shall be the duty of the Township Clerk to keep a
current calendar of nonprofit solicitations to be conducted with the township.
Since simultaneous solicitation by different groups causes a burden to the
Police Department and to the Township Clerk's office and may cause confusion
and inconvenience to the public if entities of similar names solicit simultaneously
for similar purposes, applicants shall be scheduled in the order of the date
of their application, except that no applicant can file before January 1 of
the year to which the solicitation license is sought. In the event that an
applicant is granted a particular schedule of dates and thereafter one or
more applicants apply for the same dates, the Clerk shall seek to determine
if granting the subsequent applicant the schedule of dates applied for will
be likely to cause the presence of more solicitors at one time or place than
can reasonably be overseen by the township personnel or will be likely to
cause confusion on the part of the public because of the similarity of the
names and/or purposes of the entities soliciting. If the Clerk finds that
either of the above circumstances exists, the subsequent applicant shall be
granted a schedule of dates not in conflict with the dates first filed, but
as close to the dates applied for by the subsequent applicants as is feasible.[2]
D.
Any person canvassing or soliciting in connection with
a political campaign, social/political organization or charitable or religious
organization or society, or any representative of such organization or society
recognized as tax-exempt under the United State Internal Revenue Code, when
such canvassing or solicitation does not involve the sale or attempt of sale
of merchandise shall be permitted to solicit or canvass between the hours
of 8:00 a.m. and 9:00 p.m., unless specifically having been invited to a dwelling
by an occupant thereof or having previously made an appointment with said
occupant at an hour different from that above-stated.
[Added 8-21-1989 by Ord. No. 262-89]
Any person violating any of the provisions of this chapter shall, upon
conviction thereof, be subject to a fine not exceeding $1,000, imprisonment
for a term not exceeding 90 days and/or a period of community services not
exceeding 90 days. In addition, failure to comply with the terms and provisions
of this chapter may subject the licensee to suspension or revocation of license
to the sections enumerated above.
It is the duty of the Readington Township Police Department and Township
Construction Code Officials to enforce the provisions of this chapter.
