Township of Bethlehem, NJ Chapter 115 Peddling and Soliciting

[HISTORY: Adopted by the Township Committee of the Township of Bethlehem 1-14-1966 by Ord. No. 79; amended in its entirety 12-1-2005 by Ord. No. 79-2-2005. Subsequent amendments noted where applicable.]

§ 115-1 Legislative declaration.

This chapter is adopted to regulate the distribution of certain materials and peddling, soliciting and related activities within the Township of Bethlehem. The licensing of persons engaged in the above-mentioned activities is required so that the identity of persons going door-to-door or otherwise distributing materials or food and beverages 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.

§ 115-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

MERCHANDISE

All goods, wares, food, meat, fish, ice cream, fruit, vegetables, magazines, periodicals, printed materials, farm products, services and orders or contracts for services, home improvements or alterations, and anything that may be sold or distributed by peddlers or transient merchants as defined herein.

PEDDLER

Any person, whether a resident of the Township or not, who goes from house to house, from place to place or from street to street or whether stationary or traveling by foot, automotive vehicle or any other type of conveyance, carrying or transporting merchandise for the purpose of selling and delivering the merchandise to customers, or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services, and whether or not he is collecting advance payments on such sales or orders, or who engages in any of the foregoing activities from a stationary location on any street or any public place. The word "peddler" shall also include the words "hawker" and "huckster."

PERSON

Any individual, firm, partnership, corporation, organization, club or association or any principal thereof.

TRANSIENT MERCHANT

Any person engaging in the activities commonly referred to as "transient merchant" or "itinerant vendor" who merchandises or sells with the intent to close out or discontinue such business within a period of one year from the date of commencement and occupies a room, building, tent lot or other premises for the purpose of selling merchandise.

§ 115-3 License required.

It shall be unlawful for any peddler, distributor or transient merchant to sell, offer for sale or distribute merchandise, printed material or services within the Township without first securing a license therefor by filing an application for the license, paying a license fee and obtaining a license from the Township Clerk, as hereinafter provided.

§ 115-4 Effect of license; expiration.

Upon obtaining a license as hereinafter provided, a peddler, or transient merchant may conduct his activities within the Township only as long as he adheres to the regulations set forth herein and carries the license upon his person at all times during the conduct of his activities. The license shall identify the person and the type of activity for which he has registered and shall be shown to any Township official upon request. All licenses shall expire December 31 of the calendar year in which they are issued. A separate license shall be required for each vehicle used.

§ 115-5 Exemptions.

Upon receipt of a completed application, a license may not be denied to:

A. Any veteran or exempt fireman who holds a special state license.

B. Any person soliciting a vote or support for any political candidate or program as provided in § 115-16.

C. Any person soliciting for a bona fide charitable, religious, patriotic, community service or philanthropic purpose or organization as provided in § 115-16.

D. Any person engaged in delivering wares, goods or merchandise or articles or things in the regular course of business to the premises of the person ordering or entitled to receive the same.

E. Wholesale salesmen calling on businesses.

F. Public utility or its employees, which said public utility is subject to regulation by the State Board of Public Utility Commissioners; provided, however, that said employees shall display the identification badge or card issued by their employer.

G. Any person selling fruits or farm products grown by himself with or without the help of others.

H. Persons appointed by the Township or other governmental agency to conduct a census or canvass.

§ 115-6 Application for license.

No person, firm, corporation or organization shall hawk or peddle without first having filed the required bond and having obtained a license. Written application for such license shall be made to the Township Clerk and shall show:

A. The name, address and telephone number of the applicant and of all persons associated with him in his business.

B. The type of business for which the license is desired.

C. In case of transient merchants, the place where the business is to be carried on.

D. The length of time for which said license is desired.

E. A general description of the thing or things to be sold.

F. The present place of business of the applicant.

G. The places of residence of the applicant for the two years last past.

H. A statement as to whether or not the applicant or his employer or principal has been convicted of any crime, misdemeanor or violation of any municipal ordinance, stating the nature of the offenses and the punishment or penalty assessed therefor.

I. If a vehicle is to be used, a description of such vehicle and its license number.

J. A photograph of the applicant taken within 60 days immediately prior to the date of the application, which photograph shall clearly show the head and shoulders of the applicant and shall measure two by two inches.

K. Two business references located in the State of New Jersey or, in lieu thereof, such other available evidence of the character and business responsibility of the applicant.

§ 115-7 Issuance of license.

Upon approval of the license application by the Township Committee, the Township Clerk shall issue said license, provided that the application is complete and that there is nothing in the application to indicate that the applicant's character or business is other than satisfactory for carrying on said business within the Township of Bethlehem. In the event that the application is rejected, the Township Clerk shall note such rejection on the application and return it to the applicant along with his application fee.

§ 115-8 Bond.

Before the license shall be issued, the applicant shall execute and deliver to the Clerk of the Township of Bethlehem sufficient bond with a good and sufficient surety, or deposit cash, certified check or money order, in the amount of $200. Said bond shall remain in force for one year from the date of issuance and shall be conditioned to indemnify and pay the Township of Bethlehem any penalties or costs incurred in the enforcement of any of the provisions of this chapter and to indemnify or reimburse any purchaser of personal property in a sum equal to at least the amount of any payment such purchaser may have been induced to make through the misrepresentation as to the kind, quality or value of the personal property and to indemnify or reimburse any such purchaser in an amount equal to at least the amount of any payment such a purchaser may have made to a licensee for personal property or products the delivery of which is not made as represented by the licensee.

§ 115-9 License fees.

The fees for licenses under this chapter shall accompany the application and shall be as follows:

Type of License	Fee
Annual	$50
Daily	$15

§ 115-10 Hours of operation.

No person duly licensed shall hawk, or peddle before 8:00 a.m. or after 6:00 p.m., prevailing time, nor at any time on the day commonly called "Sunday." This provision shall not apply to exempt organizations.

§ 115-11 Use of license.

No license issued under the provisions of this chapter shall be used at any time by any person other than the one to whom it was issued.

§ 115-12 Revocation of license.

A. Licenses issued under the provisions of this chapter may be revoked by the Township Committee after notice and hearing or any of the following causes:

(1) Fraud, misrepresentation or false statements contained in the application for license.

(2) Fraud, misrepresentation or false statement made in the course of carrying on his business as peddler.

(3) Any violation of this chapter.

(4) Conviction of any crime or misdemeanor involving moral turpitude.

(5) Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or constitute a menace to the health, safety or general welfare of the general public.

B. Notice of the hearing of revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for the hearing.

§ 115-13 Appeal to Township Committee.

Any person aggrieved by the action of the Clerk in the denial of an application for a license as provided in this chapter shall have the right of appeal to the Township Committee within 25 days after notice of the action complained of has been mailed to such person's last known address, by a written statement setting forth the time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant. The decision and order of the Township Committee on such appeal shall be final and conclusive.

§ 115-14 Prohibited activities.

No licensee shall:

A. Attempt to peddle, or distribute merchandise or printed material without first having identified himself as a peddler or distributor registered with the Township and displaying his license.

B. Have exclusive right to any location in the public streets or operate in any congested area in such a manner as to impede the flow of traffic or of pedestrians or create a breach of the peace.

C. Enter or attempt to enter the land of any resident in the Township where such resident has posted a notice prohibiting such entry.

D. Refuse to leave any private dwelling or property after having been once requested to do so by the owner or occupant thereof.

E. Shout, cry out, blow a horn, ring a bell or use any soundmaking or amplifying device on any of the streets, parks or public places of the Township or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the private premises, for the purpose of attracting attention to any merchandise or services, without first obtaining written authorization for same time from the appropriate Township official.

F. Distribute obscene merchandise or printed material or that which advocates unlawful conduct.

G. Litter the streets, public places or public or private property within the Township with any merchandise or printed material.

H. Violate the Township Zoning Ordinance[1] or any other ordinance of the Township.

[1] Editor's Note: See Ch. 102, Land Use and Development.

§ 115-15 Duration of validity of license.

Every license or permit shall remain in force and be valid only for the time thereon expressed. All yearly licenses shall run until December 31 of any given year. All daily licenses shall be valid only for the day indicated on the license.

§ 115-16 Canvassing, soliciting or raising funds.

A. Definitions. For the purposes of this section only, the following words are hereby defined:

CANVASS

Face-to-face contact with any person for the purpose of conducting surveys, asking for votes, surveying to determine probable vote outcomes or public sentiment on any matter, or obtaining signatures for a petition or similar document, and, not in conjunction with the soliciting of persons for the purpose of obtaining funds, money or anything of value.

CHARITABLE ORGANIZATION OR PURPOSES

Any charitable organizations qualifying under N.J.S.A. 45:17A-20 and/or nonprofit or not-for-profit organizations or organizations formed and existing for charitable, eleemosynary, philanthropic, political or publicly beneficial purposes.

SOLICIT

Face-to-face to contact with a person anywhere in the Township, including at a person's home, for the purpose of requesting or obtaining the contemporaneous donation of funds, money or anything of value.

B. Soliciting; canvassing; registration; and regulations.

(1) Soliciting. No person shall solicit on behalf of a charitable organization or for a charitable purpose, as defined in § 115-16A, without registering with the Township as set forth herein. This section and the requirements herein do not relieve persons or organizations from the licensing requirements of the Township of Bethlehem Revised General Ordinances if applicable, for other activities not defined or addressed herein.

(2) Canvassing. Persons or organizations are permitted to canvass, as defined in § 115-16A, without registering with the Township. This section and the requirements herein do not relieve persons or organizations from the licensing requirements of the Township of Bethlehem Revised General Ordinances, if applicable, for other activities not defined or addressed herein.

(3) Registration. Any person or organization wishing to solicit, as defined in § 115-16A must register with the Township at least 48 hours prior to the commencement of soliciting, as follows:

(a) The person or organization must submit a letter to the Township Clerk, upon the organization's letterhead if applicable, containing at least the following information:

[1] The specific date(s) and times of day the participants will be in Bethlehem;

[2] The specific location(s) where the solicitation will occur;

[3] The name, address, and a legible photocopy of a form of identification for each participant; and

[4] The name, mailing address and telephone number of a person to contact should any questions arise before the person or organization comes to the Township and the same information for a person to act as a contact while the person or organization is present in Bethlehem.

(b) Upon receipt of this information, the Township Clerk shall promptly provide copies of the same to the police for background checks and the General Code Enforcement Officer.

(c) No fee or other cost shall be charged to the person or organization in conjunction with the requirements of this section. The Township will only contact the person or organization if the Township determines that certain persons or the organization will not be permitted to solicit in the Township. Appeals from the Township's decision in this regard may be taken to any court of competent jurisdiction. The basis for the Township's determination that certain persons, or the organization, will not be permitted to solicit in the Township are:

[1] Any pending criminal or quasi-criminal claims of fraud, financial wrongdoing, acts of violence, robbery, burglary or other claims involving the persons or the organization's moral turpitude; or

[2] A conviction or finding within in the past three years against the persons, or the organization, in any criminal, quasi-criminal or civil matter involving fraud, financial wrongdoing, acts of violence, robbery, burglary or other claims involving the person's or organization's moral turpitude.

(4) Regulations. Once a person or organization has registered with the Township, the following regulations apply to their solicitation activities:

(a) No solicitation is allowed after 9:00 p.m. or before dawn. The Township requests, but does not require, that solicitation occur during daylight hours.

(b) Persons, organization and its participants must abide by all other rules, regulations, ordinances and laws.

(c) Failure to abide by these prerequisites, regulations and conditions may result in legal action and/or criminal process, and the person and/or organization may be ordered to cease all further solicitation until the applicable prerequisites, regulations and conditions have been complied with.