As used in this chapter, the following terms shall have the meanings indicated:
MERCHANDISE
Includes all goods, wares, food, fruit, vegetables, farm products, magazines, periodicals, and all kinds of articles of personal property for domestic use. Orders or contracts for services, home improvements or alterations shall be considered "merchandise" within the terms of this chapter.
NON-PROFIT-MAKING VENDOR
A person who sells goods or services, the proceeds of which are devoted exclusively to the purposes of a philanthropic, charitable or religious society on whose behalf he acts as agent, with or without pay.
PEDDLER or HAWKER
A person who goes from place to place by traveling on the streets, or from house to house, and carries with him goods, wares or merchandise for the purpose of selling and delivering them to consumers or buyers.
SOLICITOR
A person selling goods by sample or taking orders for services, home improvements or alterations to be furnished, done or delivered at a future date with or without accepting an advance payment for the goods, wares, merchandise or services sold or contracted for.
It shall be unlawful for any peddler, hawker, solicitor or canvasser to sell or offer to sell, or dispose of any goods, wares, merchandise or contract for services to be rendered, or to take or offer to take orders for any goods, wares, merchandise or services to be rendered or delivered in the future within the Borough, without first obtaining a license therefor, as provided in this chapter.
A. 
Any person desiring a license to peddle, hawk, solicit or canvass shall file, on a form supplied by the Police Department, an application with the Police Department. The application shall be in duplicate and sworn to by the applicant.
B. 
Persons desiring exemptions from the provisions of this chapter as provided in § 295-12 shall be required to file the application provided in Subsection A above.
A. 
Every application required under this article shall contain the following information:
(1) 
Name and permanent address of the applicant;
(2) 
Age, weight and height of the applicant;
(3) 
Description and registration number of vehicle to be used, if any;
(4) 
Name and address of employer;
(5) 
Nature of the business to be conducted and type of merchandise to be sold or services to be solicited;
(6) 
Length of time for which license is desired;
(7) 
At least three business or character references;
(8) 
Places where the applicant has resided for a period of three years immediately prior to making the application;
(9) 
Whether the applicant has ever been convicted of a crime or as a disorderly person or of any violation of any ordinance regulating peddlers, hawkers, solicitors or canvassers, stating the date of each conviction, name of the court and violation charged in the complaint.
B. 
Said application shall be accompanied by:
(1) 
Letter or written statement from the individual, firm or corporation employing the applicant, certifying that the applicant is authorized to make the application and to act as the employer's representative;
(2) 
Two recent photographs of the applicant taken at least within one year of the date of the application and whose dimensions shall be (approximately) passport size;
(3) 
Fees as hereinafter described.
A. 
The Chief of Police shall cause such investigation to be made of the applicant's business and moral character as he deems necessary for the protection of the public good.
B. 
The applicant's fingerprints shall be taken and compared with fingerprints on file with the Federal Bureau of Investigation and the State Bureau of Identification.
C. 
Based upon his investigation and findings, the Chief of Police shall signify his approval or rejection of the application.
A. 
Upon approval of the Chief of Police and upon payment of the required fees, unless otherwise exempted, the Police Department shall issue all licenses and keep all necessary records pertaining thereto.
B. 
Such issued license shall not be transferable or assignable to any other person.
C. 
Each individual, whether an employer or employee, who shall personally engage in the activities set forth in § 295-6, shall obtain the necessary license.
Every licensee shall have his license in his possession while engaged in the business licensed. The licensee shall produce his license at the request of any person solicited, any Borough police officer, or any official of the Borough.
[Amended 4-17-2007 by Ord. No. 1331]
A. 
License fees shall be as follows:
(1) 
Peddlers on foot: $25 per year.
(2) 
Peddlers from vehicle: $50 per year.
(3) 
Solicitors on foot or in vehicle: $25 per year.
B. 
If the license is required for a period less than one year, the license fee shall be $1 per day but not more than the annual license fee shall be charged any applicant.
C. 
The following persons are expressly exempted from the payment of any license fees:
(1) 
Non-profit-making vendor;
(2) 
Any person honorably discharged from the military service of the United States possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and N.J.S.A. 45:24-10;
(3) 
Any person who is an exempt fireman, as defined by N.J.S.A. 45:24-9 and N.J.S.A. 45:24-10, possessing a license in conformity with said law;
(4) 
Any other person holding a license or permit issued under any legislation of the United States government or by a state agency pursuant to statute.
D. 
Any person claiming an exemption:
(1) 
Under Subsection C of this section shall indicate the status claimed upon the application;
(2) 
As an exempt fireman or veteran pursuant to N.J.S.A. 45:24-9 and N.J.S.A. 45:24-10, shall exhibit to the Chief of Police or officer in charge of police headquarters a copy of the license issued by the Clerk of the county pursuant to N.J.S.A. 45:24-10.
A license shall be issued for a term not to exceed one year. Each license shall expire on December 31st of the year in which it is issued unless sooner indicated upon the license.
A. 
No person shall stand or park a vehicle for the purpose of displaying or selling wares or merchandise on public or private property without first having obtained written permission from the Chief of Police.
B. 
No license shall sell, solicit or offer to sell or solicit except between the hours of 9:00 a.m. and 9:00 p.m. unless otherwise having obtained written permission from the Chief of Police.
[Amended 5-20-2003]
C. 
No person shall stand or park any vehicle upon any public street at a fixed location for the purpose of displaying or selling wares or merchandise without first having obtained written permission from the Chief of Police.
A. 
Licenses issued under this article may be revoked by the Chief of Police after notice and hearing for any of the following causes:
(1) 
Fraud, misrepresentation, or false statement in the application for the license;
(2) 
Fraud, misrepresentation, or false statement made in the course of carrying on the licensed business in the Borough;
(3) 
Any violation of this chapter;
(4) 
Conviction of any crime involving moral turpitude, or of any ordinance concerning peddling, hawking, soliciting or canvassing;
(5) 
Conducting the licensed business in the Borough 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. 
Notice of the hearing for 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 given personally or mailed to the licensee at his last known address at least five days prior to the date set for hearing.
C. 
Such license may, pending revocation proceedings, be suspended for not more than 10 days by the Chief of Police if, in his opinion, the conduct of the licensee is detrimental to the health, safety and welfare of the Borough.