[HISTORY: Articles I and II adopted by the
Township Committee (now Township Council) of the Township of Pohatcong
as indicated in the article histories. Subsequent articles adopted
by the Township Council of the Township of Pohatcong as indicated
in article histories. Amendments noted where applicable.]
[Adopted 2-6-1973 as Ch. 59 of the 1973 Code]
It shall be unlawful for peddlers, solicitors
or canvassers, as herein defined, to conduct their business or in
any way solicit except under the conditions as provided in this article.
For the purpose of this article, the terms used
herein are defined as follows:
Any person who goes from house to house selling or taking
orders or offering to sell or take orders for goods, wares, merchandise
or any article for future delivery or for services to be performed
in the future, or for the making, manufacture or repair of any article
or thing whatsoever for future delivery or for the solicitation of
money for any purpose whatsoever.
Any person distributing without charge printed material espousing, explaining or advocating an organized and recognized religion. Notwithstanding any provision hereof to the contrary, such person shall not be restricted or curtailed by the provisions contained herein, except that § 208-8 hereof regulating the hours of such distribution shall apply.
Any person commonly referred to as a "peddler" or "hawker,"
who goes from house to house and carries with him goods, wares and
merchandise for the purpose of selling and delivering them to a consumer
or consumers, but shall not include the distribution of religious
material without charge.
No peddler, solicitor or canvasser shall sell
or dispose of, or offer to sell or dispose of, or solicit for, any
wares, goods, merchandise or services within the Township of Pohatcong,
without first having obtained a license therefor in accordance with
the provisions of this article and without having paid the license
fee as hereinafter prescribed, which license shall expire on December
31 of the year of issuance.
A.
Any person applying for a license under this article
shall file with the Police Department of the Township of Pohatcong,
on forms to be provided by it, an application for such license, together
with the license fee of $15, which fee shall be returned if such license
is rejected. Any person desiring a license as a peddler, solicitor
or canvasser shall furnish the following information on forms to be
supplied by the Police Department:
(1)
Name of applicant.
(2)
Permanent home address of applicant.
(3)
Name and address of firm or organization represented.
(4)
Length of time license is desired.
(5)
Description of wares, literature or matter to be distributed
or offered for sale.
(6)
Photograph of applicant taken within a period of one
year preceding the application and not more than two square inches
in size.
(7)
The number, if any, of either arrests or convictions
for misdemeanors, crimes or other infractions of the law in the nature
of a criminal offense, and the nature of the offense for which arrested
or convicted.
B.
All applicants, except those specifically indicated in § 208-5 below, shall furnish with the application the following:
(1)
A letter from the firm or organization for which the
applicant purports to work, authorizing the applicant to act as its
representative.
(2)
Three business references from the County of Warren.
(3)
A bond in the amount of $1,500 by a bonding company
acceptable to the Township, which bond shall run in favor of the Township
of Pohatcong and shall guarantee that all money paid as a down payment
on any goods, wares, merchandise or service shall be appropriated
to the price and that the goods or services will be delivered as agreed,
and providing further that the Township may sue on such bond for the
use of any citizen of the Township aggrieved by failure to meet such
conditions.
A.
No fee shall be charged, nor shall the requirements of § 208-4B apply, in the case of applications made to peddle, solicit or canvass solely on behalf of and for the benefit of any recognized nonprofit religious, charitable, educational, civic, political or service organizations. All other application requirements shall be complied with.
B.
No license shall be required for any boy scout or
girl scout who shall peddle, solicit or canvass on behalf of their
organization while wearing their official uniform, nor for local volunteer
firemen or first aid volunteers in the Township of Pohatcong while
wearing clothing of suitable identification.
A.
Following the filing of any application for a license
under the provisions of this article, the Police Department of the
Township of Pohatcong shall conduct an investigation to ascertain
the truth of the statements made by the applicant upon his application.
If, upon completion of such investigation, it appears that the statements
made upon the application are true, that the applicant is a peddler,
solicitor or canvasser and has not been convicted of any crime or
misdemeanor involving moral turpitude and has not been convicted of
a prior violation of this article, the Police Department shall thereafter
proceed to issue the license for which the application was made.
B.
For peddlers, solicitors or canvassers, the license
issued shall not authorize any person except the designated person
named in said license to engage in such peddling, soliciting or canvassing.
A separate license must be obtained by a licensed peddler, solicitor
or canvasser for every agent or employee working for him.
Any person holding a license authorized by this
article shall be required to carry said license with him at all times,
and in door-to-door canvassing or soliciting he must hand the license
to the person being solicited or canvassed, for inspection at the
time said license holder first approaches the individual.
[Amended 7-21-2015 by Ord. No. 15-05]
A.
A solicitation permit shall be effective for three months after the
date it is issued. Solicitation without a valid permit in effect shall
constitute a violation of this article.
B.
Solicitation shall take place within the Township only between the
hours of 9:00 a.m. and sunset, Mondays through Saturdays.
[Added 7-21-2015 by Ord.
No. 15-05]
A.
The Township Clerk shall collect, prepare and maintain a list of
addresses of those premises where the owner and/or occupant has notified
the Township Clerk that soliciting and canvassing is not permitted
on his/her premises. To be included on the nonsolicitation list, residents
shall complete a form. With the adoption of this section, the office
of the Township Clerk shall mail the form to all residential property
owners or occupants. Thereafter, the form shall be available in the
Municipal Building's General Office during normal business hours,
Mondays through Fridays, from 8:30 a.m. to 4:30 p.m., except on weekends
and legal holidays.
B.
The Township Clerk shall submit the nonsolicitation list to the Chief
of Police, which nonsolicitation listing shall be distributed to applicants
seeking a license to solicit or canvass pursuant to the provisions
of his article. The licensee shall not solicit or canvass at any address
on the nonsolicitation list.
C.
The list shall be updated periodically and no less than annually.
D.
The "Do Not Solicit" list shall be inapplicable to those individuals and entities exempt from the article pursuant to § 208-5. Upon request, the Chief of Police or his alternate shall also make available a copy of the "Do Not Solicit" list to any individual or entity otherwise exempt from the provisions of this article which intends to engage in door-to-door canvassing, solicitation, campaigning, advocacy, education, proselytizing, or handbill distribution.
E.
Solicitation at any address identified on the "Do Not Solicit" list
shall constitute a violation of this article. Each and every solicitation
at an address identified on the "Do Not Solicit" list shall constitute
a separate violation of the article.
Any person, firm or corporation violating any
of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of not more than $500 or imprisonment in the
county jail for a term not to exceed 90 days, or both, in the discretion
of the Judge; and in addition thereto the Township Committee[2] may revoke any license granted hereunder or may suspend
any license granted hereunder, after reasonable opportunity for the
licensee to be heard, for any violation of the provisions of this
or any other chapter of the Code of the Township of Pohatcong which
may affect the operation of the licensee's business. In connection
with the violation of this article, each day such violation shall
be continued shall be deemed and taken to be a separate and distinct
offense and violation thereof.
[Adopted 6-9-1987]
This article shall be known as the "Transient
Merchants Licensing Ordinance of the Township of Pohatcong."
It has been found and determined by the Township
Committee[1] of the Township of Pohatcong that the unregulated and
uncontrolled operation of transient merchants, peddlers and hawkers
presents a serious health and safety hazard affecting the public welfare.
Citizens of the Township are often subjected to improper sales techniques
by transient merchants who leave the Township before such purchasers
can take appropriate action to correct the damages resulting from
such sales. Due to these circumstances, the Township Committee finds
that it is desirable that the Township take all reasonable steps to
protect its citizens from misleading sales techniques and monetary
losses.
[1]
Editor's Note: Now Township Council.
As used in this article, the following terms
shall have the meanings respectively ascribed to them in this section:
Any individual, corporation, partnership, association or
other entity.
Any business conducted for the sale or offer for sale of
goods, wares or merchandise which is carried on in any building, structure,
motor vehicle or real estate for a period of less than three months
in each year.
Any person, firm, corporation, partnership or other entity
which engages in or transacts any temporary or transient business
in the Township of Pohatcong, either in one locality or in traveling
from place to place in the Township, offering for sale or selling
goods, wares, merchandise or services and includes those merchants
who, for the purpose of carrying on such businesses, hire, lease,
use or occupy any building, structure, motor vehicle or real estate.
"Transient merchants, peddlers and hawkers" shall also include any
person who, as a private enterprise, schedules, organizes or promotes
any entertainment, concerts, athletic events, contests or competitions
to be held on a nonregular basis and which requires the payment of
a fee for entry or admission, wherein such event is to take place
within the confines of Pohatcong Township, provided that no such person
shall be classified as a "transient merchant, peddler or hawker" if
he is sponsored by any bona fide civic, fraternal, educational or
religious organization having a local chapter in this area.
A.
The provisions of this article shall not apply to:
(1)
Sales of wholesale to retail merchants by commercial
travelers or selling agents in the usual course of business.
(2)
Wholesale trade shows and/or conventions.
(3)
Sales of goods, wares or merchandise by sample catalog
or brochure for future delivery.
(4)
The retail sale of ice cream and/or flavored water
ice by motor vehicle.
(5)
Any general sale, fair, auction or bazaar sponsored
by any civic, fraternal, educational or religious organization.
Garage sales held on premises devoted to residential
use.
(6)
Sales of crafts or other items made by hand and sold
or offered to be sold by the person making such crafts or handmade
items.
(7)
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 who, in the normal course of business, advertises
or performs his services in the Township of Pohatcong, provided that
such person complies with all state, county and municipal regulations.
(8)
The sale of produce, flowers or other agricultural
products from buildings or from roadside stands where the premises
in question and the sales from the same are owned by the farmer or
grower, it being the express intention of this article that nothing
herein shall prohibit the sale of agricultural products on land owned
by the farmer or grower, unless prohibited by the Township Ordinance.[1]
B.
A transient merchant, peddler or hawker shall not
be exempt from the provisions of this article by reason of associating
himself temporarily with any local dealer, auctioneer, trader, contractor
or merchant or by conducting such temporary or transient business
on the property of or in the name of any local dealer, auctioneer,
trader, contractor or merchant.
Any transient merchant, peddler or hawker desiring
to transact business within the Township of Pohatcong shall make application
and obtain a license therefor from the Township Clerk, and said application
shall include the following information:
A.
The name, permanent address and telephone number of
the transient merchant making the application and, if the applicant
is a firm or corporation, the name and business and home address of
the members of the firm or the officers of the corporation.
B.
If the applicant is a corporation, the date of incorporation,
the state of incorporation, the address of the principal officers
and the telephone number of the principal office. If the applicant
is a corporation formed in a state other than New Jersey, he shall
furnish the date on which said corporation qualified to transact business
as a foreign corporation in the State of New Jersey.
C.
A statement showing in full detail, the kind of business
proposed to be conducted, giving a full description of all products
or merchandise proposed to be sold, the length of time for which the
applicant desires to transact such business and the name and address
of the location or locations of such proposed places of business.
D.
The name and permanent address of the transient merchant's
registered agent or office.
E.
The applicant's New Jersey State sales tax identification
number and proof that the applicant has complied with the minimum
prepaid provision of said Sales Tax Law.
F.
Where the license involves the operation of motor
vehicles:
(1)
The name, address and driver's license of all persons
using said vehicles.
(2)
The registration card for all such motor vehicles.
(3)
A description of the make, model, year, motor number
and license number of all such vehicles.
(4)
Proof that the vehicle being used is properly insured,
in accordance with the provisions of the New Jersey law.
Each applicant for a transient merchant's license
shall be accompanied by a nonrefundable license fee of $250.
Each application for a transient merchant's
license shall be accompanied by a cash bond or a surety bond issued
by a corporate surety authorized to do business in the State of New
Jersey, in the amount of $5,000. The surety bond shall be in favor
of the Township of Pohatcong and shall assure the payment by the applicant
of all taxes that may be due from the applicant to the State of New
Jersey or any subdivision of the state; the payment of any fines that
may assess against the applicant, its servants, agents or employees
for violations of the provisions of this article, the satisfaction
of any judgments that may be rendered against the transient merchant,
its agents, servants or employees in any action commenced by any purchaser
of goods, wares, merchandise or services within one year from the
date of sale by said transient merchant. The bond shall be maintained
as long as the transient merchant conducts business in the Township
of Pohatcong and for the period of one year after the termination
of said business and shall be released only when the transient merchant
furnishes satisfactory proof to the Township Clerk that it has satisfied
all claims of purchasers of goods, wares, merchandise or services
from such merchant and that all state and local taxes and fees have
been paid in full.
Before a transient merchant license is issued,
the applicant shall file with the Township Clerk an instrument in
writing nominating and appointing the Township Clerk his true and
lawful agent with full power and authority to acknowledge service
of process for and on behalf of the applicant in respect to any matters
arising out of the applicant's activities in the Township under such
license. The instrument shall recite that the applicant consents and
agrees that service of any notice or process may be made upon the
Township Clerk and when so made shall be as valid as if personally
served upon the applicant.
It is the duty of the Township Police Department
and the Township Construction Official to enforce the provisions of
this article.
A.
Any person violating any of the provisions of this
article shall, upon conviction, be subject to a fine not to exceed
$500 or to imprisonment not to exceed 90 days, or both. Each and every
day that a violation of the provisions of this article shall continue
after issuance of the initial summons or complaint shall be deemed
and considered a separate and specific violation of this article.
B.
In addition to the foregoing, failure to comply with
the terms and provisions of this section may subject the licensee
to the suspension and revocation of the license.
