[HISTORY: Adopted by the Mayor and Council
of the Borough of Hopatcong 4-4-1974. Amendments noted where applicable.]
A.
Except as otherwise provided herein, it shall be unlawful
for any hawker, peddler, huckster, solicitor, non-profit-making vendor
or canvasser to sell or dispose of or offer to sell or dispose of
any goods, wares, merchandise or services within the Borough of Hopatcong
without first obtaining a license and having paid the license fee
hereinafter prescribed.
B.
Except as provided herein, it shall be unlawful for
any hawker, peddler, solicitor, non-profit-making vendor or canvasser,
as herein defined, to purchase or offer to purchase any junk or any
other goods, wares or merchandise within the Borough of Hopatcong
without first obtaining a license and paying the license fee hereinafter
prescribed.
For the purpose of this chapter, the terms used
herein are defined as follows:
A person selling or exposing for sale articles of merchandise,
goods or services from a motor vehicle, cart, stand or movable facility
or display.
A person who sells or solicits goods, merchandise or services,
the proceeds of which are devoted exclusively to philanthropic, charitable
or religious purposes on his own behalf or as a servant, agent or
employee of another without pay. In no event shall a person being
paid for his service fall within this definition.
A person, commonly referred to as a "peddler" or "hawker,"
who goes from place to place by traveling on the streets, either by
foot, wagon, motortruck or any type of conveyance, or from house to
house or door to door and carries his goods, wares and merchandise,
for the purpose of selling and delivering them to consumers. A peddler
may also be known as a "hawker" or "vendor." A person who goes from
place to place by traveling on the streets or from house to house
or door to door for the purpose of purchasing goods or merchandise,
including the purchase of junk, household goods or discarded items,
shall come within this definition.
Includes the singular and plural and shall also mean and
include any person, firm, corporation or partnership.
A person, also known as a "canvasser," selling goods, merchandise
or services by sample or taking orders for future delivery with or
without accepting an advance payment for the goods; or a person taking
a poll or a survey from house to house, door to door, or on the streets,
or distributing advertisements or handbills.
A.
Applications for licenses shall be submitted under
oath or affirmation to the Borough Clerk, together with the applicable
fee, which fee shall not be refundable and shall be used to defray
the costs of investigation and processing. The application shall contain
the following information:
(1)
Name and address of the applicant.
(2)
Description of the applicant.
(3)
Name and address of the firm represented, if any,
and an acknowledged statement from the firm certifying that the applicant
is authorized to act as the employer's representative or a statement
that the applicant is self-employed.
(4)
The names, addresses and telephone numbers of three
persons who have known the applicant for a period in excess of three
years.
(5)
The place of residence of the applicant for the three
years immediately preceding the date of application.
(6)
A brief description of the nature of the business
and a description of the wares or services to be offered for sale
or purchased.
(7)
If a vehicle is to be used, a description thereof,
including state of registration, license plate number, the name and
address of insurance carrier and insurance policy number.
(8)
The number and places of arrests, the number and places
of convictions for misdemeanors, disorderly person offenses or crimes,
and the nature of the offenses for which the applicant has been arrested
or convicted. This shall include violation of municipal ordinances
other than traffic violations.
(9)
Two photographs showing the applicant's face, front
and profile, of a minimum size of 1 1/2 inches by 1 1/2 inches, said
photographs to be not over one year old. The photographs shall be
affixed to the application.
B.
Each applicant shall be fingerprinted on forms usually
and customarily used by the various police forces of the State of
New Jersey.
C.
Every applicant, as a part of complete application,
shall submit to the Borough Clerk a copy of a valid certificate of
authority issued to the registrant by the New Jersey Division of Taxation,
empowering the registrant to collect sales tax as required by § 15
of P.L. 1966, c. 30 (N.J.S.A. 54:32B-15).
[Added 4-7-1994 by Ord. No. 10-94]
[Amended 2-16-2011 by Ord. No. 3-2011]
A.
Following the filing of the application with the Borough Clerk, the
Clerk shall forward a copy of the application to the Chief of Police,
who shall within 15 days verify the information included on the application
and respecting the moral character and business background of the
applicant.
B.
If the fingerprints on the application are not of acceptable quality,
the Chief of Police may cause all applicants to be fingerprinted at
his discretion.
C.
Upon verification of the application by the Chief of Police and such
other investigation as he deems necessary for the protection of the
public good, the license shall be issued; provided, however, that
no license shall be issued to any person who has been convicted of
a crime, misdemeanor or other offense involving moral turpitude, who
has made a misrepresentation or false statement in his application,
or who has otherwise been found to be of unsatisfactory character
or business responsibility by the Chief of Police.
D.
Waiver.
(1)
The Chief of Police may waive a background check if an applicant
is employed by a business or company with more than 100 employees
where an officer of the company executes an affidavit stating that:
(a)
The company has more than 100 full-time employees;
(b)
The employee has been the subject of a background check within
the last 12 months;
(c)
The employee has never been convicted of any crimes, offenses,
or disorderly person offenses in this or any other state; and
(d)
The company conducts follow up background checks no less than
biannually and that the company agrees to notify the Borough if there
is any change in the employee's background check.
E.
In the event of the refusal of the issuance of such license, the
Mayor and Council, on written request of the applicant, shall conduct
a hearing to determine whether the license should be granted under
this chapter. Such request must be filed with the Borough Clerk no
later than 14 days after the rejection of the application.
A.
All licenses shall be issued on forms drawn in accordance
with this chapter. They shall be printed with corresponding stubs
and shall be consecutively numbered. Both the license and the stub
shall contain suitable blank spaces for writing in the name, the class
of license granted, the location of the business and the amount of
fee paid. The license shall carry a photograph of the licensee and
specify the kind of goods being dealt in. The license shall contain
the signature of the applicant and the seal of the issuing officer.
B.
A record of all current licenses issued shall be kept
by the Police Department. A permanent record of all licenses issued
shall be kept by the Borough Clerk.
C.
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.
[Amended 11-7-1974; 4-7-1994 by Ord. No. 10-94]
[Amended 9-7-1995 by Ord.
No. 20-95; 10-21-2015 by Ord. No. 34-2015]
A.
No Solicitation List.
(1)
The Borough of Hopatcong shall establish a list of residents who
request that solicitors do not solicit on their property. The No Solicitation
List shall be maintained by the Borough Clerk and updated annually.
(2)
Residents of the Borough of Hopatcong may request in writing to the
Borough Clerk to be added to the No Solicitation List.
(3)
Upon receipt of a written request, the Borough Clerk shall add the
name and address of the resident to the No Solicitation List.
(4)
The Borough Clerk shall distribute a copy of the No Solicitation List to all applicants seeking a license to solicit pursuant to the provisions of this chapter, and to the individuals and organizations identified in § 171-9, including registrants, special license holders, and applicants for special permits.
(5)
The Borough Clerk shall distribute a copy of the No Solicitation
List to the Chief of Police annually for distribution where applicable.
B.
Regulations.
(2)
No persons shall peddle, solicit, canvass, or engage in any activity
permitted by this chapter before the hour of 9:00 a.m. or after the
hour of 9:00 p.m., Mondays through Saturdays.
[Amended 10-17-2018 by Ord. No. 18-2018]
(3)
No person shall stand or park a vehicle for the purpose of displaying
or selling wares, merchandise, or services within a business or commercial
district, as defined in the Borough Zoning Ordinance, or otherwise
in violation of the Borough Zoning Ordinance.[1]
(4)
No person shall stand or park a vehicle, cart, stand, or movable
facility, or display upon any public street for the purpose of displaying
or selling wares, merchandise, or services in violation of N.J.S.A.
Title 39 of the Revised Statutes of New Jersey or the ordinances of
the Borough of Hopatcong without first having obtained written permission
from the Chief of Police of the Borough of Hopatcong, which permission
shall be denied if the same shall be determined to cause a dangerous
traffic condition. In the event of denial of such permission, the
Mayor and Council, upon written request by the applicant, shall conduct
a hearing to determine whether such permission should be granted.
Such request must be filed with the Borough Clerk no later than 14
days after the rejection of the application.
(5)
Nothing herein stated shall be construed to exempt any person from
complying with the requirements of the Zoning Ordinance and all other
ordinances of the Borough of Hopatcong, whether or not a license is
required hereunder.
(6)
All licensed persons engaging in the activities described in § 171-2, and all veterans and exempt firemen who obtain a special license to conduct such activities pursuant to N.J.S.A. 45:24-9 et seq. shall be required to carry their license on his or her person while conducting such activities. Such license shall be exhibited to any police officer or to any official of the Borough upon request and to any person solicited prior to such solicitation.
A.
Licenses issued under this chapter may be revoked
by the Chief of Police or the Mayor and Council for any of the following
causes:
(1)
Misrepresentation or false statement contained in
the application.
(2)
Misrepresentation or false statement made in the course
of carrying on the activities herein.
(3)
Conviction of any crime or misdemeanor involving moral
turpitude.
(4)
Conducting the licensed business in an unlawful manner,
in violation of this chapter, state or federal statute or regulation
or in such manner as to cause a breach of the peace, to create a nuisance
or to constitute a menace to the health, safety or general welfare
of the public.
(5)
A determination by the Chief of Police after investigation
that the applicant's moral character or business responsibility are
unsatisfactory.
B.
All persons whose licenses have been revoked shall
have the right of appeal to the Mayor and Council by filing a written
request within 14 days with the Borough Clerk for such hearing. The
Mayor and Council shall, within 45 days after receipt of the request,
hold a hearing. At the conclusion of said hearing, the Mayor and Council
shall affirm or order the Police Department to set aside the revocation
of the license. The decision of the Mayor and Council on such appeal
shall be final and conclusive.
[Amended 9-7-1995 by Ord. No. 20-95]
The following shall be exempt from all provisions hereof except §§ 171-2, 171-7, 171-10, 171-11, 171-12 and 171-13. Any violation of the foregoing sections by any exempt group listed below shall remain unlawful:
A.
Federal census takers and pools or surveys taken pursuant
to federal, state or local laws.
B.
Any veteran or volunteer fireman who holds a special
license issued pursuant to N.J.S.A. 45:24-9 and 45:24-10; provided,
however, that such licensee shall notify the Chief of Police of the
Borough, in writing, prior to any soliciting within the Borough, of
the dates and approximate area in which such licensee intends to solicit.
Such notification shall also include the licensee's license number,
date issued and county where issued.
C.
Nonprofit organizations.
(1)
Any nonprofit, religious, charitable, civic or special
interest group, veterans' organization, service club or volunteer
fire or first aid company may solicit in its name money, donations
or financial assistance of any kind or design or sell or distribute
any item of literature or merchandise for which a fee is charged;
provided, however, that it procures from the Borough Clerk a special
permit and an identification card for each agent or employee operating
within the purview of this chapter. Prior to issuance of the aforesaid,
there shall be filed a sworn application by such nonprofit organization
with the Borough Clerk which shall contain the following information:
(a)
A statement as to whether or not the nonprofit organization is required to register with the Attorney General of the State of New Jersey pursuant to Chapter 16 of the Laws of 1994 (N.J.S.A. 45:17A-18 et seq.). If registration is so required, the nonprofit organization shall provide written proof to the Borough Clerk that the organization is so registered, in which event the provisions of Subsection C(1)(b), (c), (d) and (f) hereof shall be deemed to be satisfied by the filing of said organization with the Attorney General. If the organization is exempt from the registration provisions of N.J.S.A. 45:17A-18 et seq., the organization shall then comply with the provisions of Subsection C(1)(b), (c), (d), (e) and (f) hereof.
(b)
Name and address of the organization.
(c)
Purpose for which the special permit is requested.
(d)
Names and addresses of the officers and directors
of the organization.
(e)
Period during which solicitation is to be carried
on.
(f)
Name, address and position in nonprofit organization
of person making application.
(2)
Upon being satisfied that such person, organization
or association is bona fide, the Borough Clerk shall issue a special
permit and identification card without charge for the specified period.
D.
Any person engaged in any activity the purpose of
which is to aid or promote the nomination, election or defeat of any
candidate or candidates for political office or to aid or promote
the passage or defeat of any public question in any election or which
seeks to influence the content, introduction, passage or defeat of
any legislation.
E.
Any solicitor who is engaged in interstate commerce and who so certifies, in writing, to the Borough Clerk that he or she is so engaged in interstate commerce; provided, however, that any such person shall register with the Borough Clerk prior to engaging in any activity regulated hereunder. The registration shall be on a form provided by the Borough and shall include the information listed in § 171-3A(1), (2), (3), (5), (6), (7) and (8).
The equipment used or employed by peddlers,
barkers and vendors of ice cream, foods, beverages, confections and
other related commodities shall be maintained in a clean and sanitary
manner and be subject to inspection by the Board of Health or its
authorized agents, in accordance with the provisions of this chapter
and the ordinances of the Department of Health of the Borough of Hopatcong.[1] Any violation found and not immediately corrected shall
be grounds for revocation of the license.
[1]
Editor's Note: See Part III of this Code,
Board of Health Legislation.
No licensee nor any person in his behalf shall
shout, cry out, blow a horn, ring a bell or use any sound device or
sound amplifying system upon any of the streets, alleys, parks or
other public or private places within the Borough or in any area contiguous
to the Borough whereby a nuisance shall be created in the Borough.
A licensee shall not have any exclusive right
to any one place upon any sidewalk or any street and shall not be
permitted to operate in a congested area where his operation might
impede or inconvenience the public. For the purpose of this chapter,
the judgment of a police officer exercised in good faith shall be
deemed conclusive as to whether the area is congested or the public
impeded or inconvenienced.
[Amended 2-16-2011 by Ord. No. 3-2011]
Any person who provides false information relating
to any of the provisions of this chapter or violates any provision
of this chapter shall, upon conviction, be punished by a fine not
exceeding $500 or by imprisonment not exceeding 90 days, or both,
in the discretion of the court.
All sales licenses issued prior to the adoption
of this chapter shall not be affected by this chapter, but all subsequent
license applications must comply with all the provisions of this chapter.
All persons not required to be licensed previously, but who are required
by this chapter to apply for a license, must obtain a license upon
its adoption.
