[Adopted 10-11-1972]
It shall be unlawful for any solicitor or canvasser as defined in § 172-2 of this article to engage in such business within the corporate limits of the Township of Mullica without first obtaining a permit therefor in compliance with the provisions of this article.
For the purpose of this article, the terms used herein are defined as
follows:
Any individual, whether a resident of the Township of Mullica or
not, traveling, either by foot, wagon, automobile, motortruck 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 sale of goods, wares and
merchandise, personal property of any nature whatsoever for future delivery
or for services to be furnished or performed in the future, whether or not
such individual has, carries or exposes for sale a sample of the subject of
such sale or whether he is collecting advance payments on such sales or not,
provided that such definition shall include any person who, for himself or
for another person, firm or corporation, hires, leases, uses or occupies any
building, structure, tent, railroad boxcar, boat, hotel room, lodging house,
apartment, shop or any other place within the Township of Mullica for the
sole purpose of exhibiting samples and taking orders for future delivery.
A.
Applicants for permits under this article must file with
the Township Clerk of the Township of Mullica a sworn application, in writing,
in duplicate, on a form to be furnished by said Township Clerk, which shall
give the following information:
(1)
The name and a description of the applicant.
(2)
The permanent home address and full local address of
the applicant.
(3)
A brief description of the nature of the business and
the goods to be sold.
(4)
If employed, the name and address of the employer, together
with credentials establishing the exact relationship.
(5)
The place where the goods or property proposed to be
sold or orders taken for the sale thereof are manufactured or produced, where
such goods or products are located at the time said application is filed and
the proposed method of delivery.
(6)
Two copies of a photograph of the applicant taken within
60 days immediately prior to the date of filing of the application, which
pictures shall be two inches by two inches, showing the head and shoulders
of the applicant in a clear and distinguishing manner.
(7)
The fingerprints of the applicant and the names of at
least two reliable property owners of the County of Atlantic, State of New
Jersey, who will certify as to the applicant's good character and business
responsibility or, in lieu of the names of references, such other available
evidence as to the good character and business responsibility of the applicant
as will enable an investigator to properly evaluate such character and business
responsibility.
(8)
A statement as to whether or not the applicant has been
convicted of any crime, misdemeanor or violation of any municipal ordinances,
the nature of the offense and the punishment or penalty therefore.
B.
At the time of filing the application, a fee of $50 shall
be paid to the Township Clerk for the use of the Township in defraying the
cost of investigation of the facts stated therein.
[Amended 6-13-1989 by Ord.
No. 11-89]
A.
Upon receipt of such application, the original shall
be referred to the Chief of Police, Township of Mullica, who shall forthwith
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, said Chief
of Police shall endorse on such application his disapproval and his reasons
for the same and return said application to the said Township Clerk, who shall
notify the applicant that his application is disapproved and that no permit
will be issued.
C.
If, as a result of such investigation, the character
and business responsibility of the applicant are found to be satisfactory,
said Chief of Police shall endorse on the application his approval, execute
a permit addressed to the applicant for the carrying on of the business applied
for and return said permit, along with the application, to said Township Clerk,
who shall deliver to the applicant a permit. Such permit shall contain the
signature of the Chief of Police and shall be sealed with the Seal of the
Township of Mullica and shall show the name, address and photograph of said
permittee, the class of permit issued and the kind of goods to be sold thereunder,
the date of issuance and the length of time the same will be operative, as
well as the permit number and other identifying description of any vehicles
used in such soliciting or canvassing. Said Clerk shall keep a permanent record
of all permits issued.
Solicitors and canvassers are required to exhibit their permit at the
request of any citizen or police officer.
The Chief of Police shall report to the Clerk of the Township all convictions
for violations of this article, and said Township Clerk shall maintain a record
of each permit issued and record the reports of violations therein.
A.
Permits issued under the provisions of this article may
be revoked by the Mayor of the Township of Mullica after notice and hearing
for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for such 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 ordinance.
(4)
Conviction of any crime or misdemeanor 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 menace to the
health, safety or general welfare of the public.
B.
Notice of the hearing for revocation of a permit shall
be given in writing, setting forth specifically the ground of complaint and
the time and place of hearing. Such notice shall be mailed, postage prepaid,
to the permittee at his last known address at least five days prior to the
date set for the hearing.
C.
Any permit issued hereunder shall be automatically suspended
pending a hearing on charges made hereunder. Upon receipt of a notice hereunder,
the permittee shall forthwith surrender his permit to the Chief of Police.
All permits issued under the provisions of this article shall expire
on the 31st of December in the year issued.
[Amended 6-13-1989 by Ord.
No. 11-89]
Any person violating any of the provisions of this article shall, upon
conviction thereof, be punished by a fine not to exceed $1,000 and/or by imprisonment
not to exceed 60 days and/or by community service not to exceed 90 days.
