[HISTORY: Adopted by the Borough Council
of the Borough of Caldwell as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-27-1998 by Ord. No. 1055-98]
The purpose of this article is to permit, regulate
and control soliciting and canvassing and to regulate distribution
of advertising and other printed matter within the Borough of Caldwell
in order to prevent fraud, crime, dishonest business practices and
to otherwise protect the general welfare of the residents of Caldwell.
For the purposes of this article, the terms
"soliciting" and "canvassing" shall include activity where a person
goes from door to door or place to place and upon private residences
in the Borough of Caldwell without having been requested or invited
to do so by the owners or occupants of said private residences. The
term shall include the following activities:
A.
Seeking or endeavoring to sell any goods, wares, securities,
merchandise or services whatsoever by sample, description or otherwise.
B.
Taking orders for such goods, wares, securities, merchandise
or services for either present or future delivery with or without
payment in whole or in part.
C.
Delivering, passing or circulating of any printed
or written matter, sample or device, handbill circulars, leaflets,
pamphlets, paper or booklet:
(1)
Which advertises for sale any merchandise, product,
commodity or thing; or
(2)
Which directs attention to any business or mercantile
or commercial establishment or other activity for the purpose of either
directly or indirectly promoting the interest thereof by sales; or
(3)
Which, while containing reading matter other than
advertising, is essentially an advertisement and is distributed or
circulated for advertising purposes or for the private benefit and
gain of any person so engaged as advertiser or distributor.
D.
Seeking information or making or taking surveys, analysis,
opinion polls, rating data or any such similar activity.
E.
Seeking contributions or donations for any persons
or organization.
It shall be unlawful for any person to solicit
or canvas in the Borough of Caldwell without first having obtained
a permit therefor, unless exempt from the permit requirements as hereinafter
provided.
An application for a permit to solicit or canvas
shall be made to the Borough Clerk, upon forms provided by the Borough.
The applicant shall disclose the following information on the application
form:
A.
Name, age and physical description of the applicant
for the permit, together with the name, age and physical description
of each person who shall be canvassing and soliciting.
B.
Complete permanent home and local address of the applicant
and any other person who is engaged in canvassing and soliciting.
C.
The name and address of the organization or person
for whom the canvassing or soliciting is being made.
D.
The description of the nature of the business or goods,
property or services to be sold, if any.
E.
A photograph of the applicant, and any persons proposing
to engage in canvassing or soliciting pursuant to the permit, taken
within one year preceding the application, which picture shall be
no smaller than two inches square showing the head and shoulders of
the person.
F.
A statement as to whether or not the applicant or
any of the proposed canvassers or solicitors have been convicted of
a crime, misdemeanor or disorderly persons offense, where and when
so convicted, the nature of the offense and penalty, if any.
G.
The make, model, year, color and permit plate number
of any and all automobiles to be used in conjunction with the canvassing
or soliciting within the Borough, together with a photocopy of the
driver's permits of those persons who will drive such vehicles in
connection with the proposed canvassing or soliciting.
H.
A list of at least five municipalities wherein the
applicant has engaged in canvassing or soliciting. In the event that
the applicant has not been involved in canvassing or soliciting in
at least five municipalities, the applicant shall disclose all of
the municipalities in the State of New Jersey in which the applicant
has been involved in canvassing or soliciting.
[Added 9-18-2012 by Ord. No. 1267-12]
All applicants for a permit under this chapter shall, in addition to meeting the requirements set forth in § 167-4 herein or contained anywhere else in this chapter, be fingerprinted at the establishment then performing such services on behalf of the Police Department. The Chief of Police or other police officer who is investigating the applicant pursuant to § 167-6 herein shall use the fingerprints as part of the background check as set forth in that section.
Upon the filing of the application, a fee pursuant to the Ch. A270, Fees, shall be paid by the applicant to the Borough Clerk for the use of the Borough to defray the cost of investigating, processing, issuing and monitoring said permit.
A.
The Clerk shall cause such investigation to be made
of the applicant as is deemed necessary for the protection of the
public good. In this regard, the Clerk shall forward a copy of the
application to the Caldwell Police Department, and no permit shall
be issued until the Police Department has made a report and recommendation.
B.
The Clerk shall also check with the municipalities
listed on the application, where the applicant has engaged in canvassing
or soliciting in the past, in order to ascertain the history and experience
of those municipalities with the applicant.
C.
To the best of the Clerk's ability, the information
contained in the application form shall be verified. If, as a result
of such investigation, the applicant's character or business responsibility
is found to be satisfactory, the Clerk shall recommend issuance of
the permit to the governing body. Upon approval of the governing body,
the Clerk shall issue the appropriate permit. If, as the result of
such investigation, the applicant's character or business responsibility
is found to be unsatisfactory, the Clerk shall recommend to the governing
body a denial of the permit and provide the reasons thereof, in writing,
to the governing body and the applicant.
D.
A determination of unsatisfactory character or business
responsibility must be based on objective facts disclosing such information
as conviction of a crime, prior violation of canvassing or soliciting
ordinances, a determination of previous fraudulent acts or conduct,
a record of continual breaches of solicited contracts or evidence
of other improper or illegal activity.
E.
If the permit is issued, it shall show the name and
address of the permittee, the kinds of goods to be sold or services
to be performed thereunder, the date of issuance and the date on which
said permit shall expire, which shall be no later than one month from
the date of issuance, and list the names of each and every one of
the proposed canvassers or solicitors.
The licensing provisions of this article shall
not apply to the following acts:
A.
Soliciting done by the legal owner, lessee or agent
of such person or entities upon the property owned or leased by the
solicitor.
B.
Soliciting done for the purposes of sale of personal
property at wholesale to retailers of such articles.
C.
Delivery of newspapers, as defined by the laws of
the State of New Jersey, or any periodical or current magazine regularly
published with not less than four issues per year sold to the public,
delivery of goods previously ordered by the homeowner or occupant
in the regular course of business or the collection of payments therefor.
D.
The services of public utilities and their duly authorized
agents or representatives, provided that such exemption for public
utilities shall not apply to the selling of other than public service.
E.
Soliciting by persons lawfully exempt by state statute
or federal law from the licensing requirements set forth herein, or
by person lawfully entitled to conduct business wherein a permit or
certificate is required by any department, board, commission or agency
of the United States, State of New Jersey or Borough of Caldwell.
F.
Soliciting by any religious, charitable or other nonprofit
organization, provided that there is filed with the Clerk an application,
in writing, giving the following information:
(1)
Name and address of the solicitor.
(2)
The purposes or cause for which solicitation is being
made.
(3)
Names and addresses of the officers of the organization
for which the solicitation is being undertaken and proof of the nonprofit
status, either by the submission of a copy of a certificate of incorporation
or any other written verification from or filed with any state or
federal entity.
(4)
The names and addresses of the agents or representatives
of the exempt organization who will actually solicit, canvas or distribute
literature in the Borough.
Each canvasser or solicitor shall carry a copy
of the permit with him/her and shall produce it at the request of
any solicited resident or police officer of the Borough. Every such
person shall also have on their person a means of identification to
verify they are listed on the permit.
Canvassing or soliciting which is subject to
a permit under this article shall be conducted only between the hours
of 9:00 a.m. and 5:00 p.m., Monday through Saturday. Canvassing or
soliciting which is exempt from the permitting requirement of this
article shall be conducted only between the hours of 9:00 a.m. and
9:00 p.m., Monday through Saturday.
Canvassing or soliciting shall be done at the
front door of a residence only, unless directed otherwise by the resident.
Permittees shall be courteous and shall conduct themselves in a lawful
manner at all times.
Permits issued under this article may be revoked
by the governing body by reason of the violation of the terms of the
permit or any Borough ordinance, state or federal statute or because
of any discovered falsification made in the application for the permit,
or whenever the permittee shall cease to possess the qualifications
and character required in this article for the original issuance of
the permit. In the event a revocation is considered by the governing
body, the permittee shall be notified by the Clerk in writing of the
proposed reasons for the revocation.
Any person or entity whose application for a
permit is recommended by the Clerk to be denied or whose application
may be denied by the governing body or whose permit may be revoked
shall have the right to a hearing before the governing body before
final decision is rendered. The governing body shall hold a hearing
in any such case upon 10 days' written notice to the applicant or
permittee. At such hearing the applicant or permittee may present
testimony and/or written or oral argument. The final decision of the
governing body shall be memorialized by the adoption of a resolution
setting forth the findings and conclusions with reference to the matter.
A copy of the resolution shall be provided to the applicant or permittee,
and notice of decision shall be published by the Clerk in an official
newspaper of the municipality.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
Any person or entity engaging in canvassing
or soliciting who violates any of the terms or provisions of this
article, or who shall do any act or thing prohibited in this article,
shall, upon conviction thereof, be subject to a fine not exceeding
$2,000 or by imprisonment for a term not exceeding 90 days or by a
period of community service not to exceed 90 days, or a combination
thereof. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues. This article may
be enforced by the Police Department, the Borough Clerk and by any
resident of the Borough of Caldwell.
[Adopted 1-27-1998 by Ord. No. 1056-98]
The purpose of this article is to permit, regulate
and control transient merchant and peddler activities in the Borough
of Caldwell in order to prevent fraud, crime, dishonest business practices
and to otherwise protect the general welfare of the public.
As used in this article, the following terms
shall have the meanings indicated:
Any person, corporation, partnership or other legal entity,
whether by principal or agent, who travels from place to place in
the Borough of Caldwell and carries with him goods, wares, products
or merchandise for sale. The term shall include the term "hawker."
Any person, corporation, partnership or other legal entity,
whether by principal or agent, who engages in the sale of goods, wares,
products or merchandise in the Borough of Caldwell from any building,
structure, lot or other premises, with intent to close out or discontinue
such business within one year from the date of commencement. The term
shall include the term "itinerant merchant or vendor."
It shall be unlawful for any person, corporation,
partnership or other legal entity, or their agents, servants or employees,
to be a transient merchant or peddler, as defined in this article,
in the Borough of Caldwell, without first having obtained a permit
therefor, unless exempt from the permit requirements as hereinafter
provided.
An application for a permit to become a transient
merchant or peddler shall be made to the Borough Clerk upon forms
provided by the Borough.
A.
Applicants for a permit to become a transient merchant
shall disclose the following information in connection with the application:
(1)
The name and address of the applicant for the permit.
(2)
The name and resident address of each individual person
who shall be engaged as a transient merchant, together with a description
of their relationship to the applicant, whether it be owner, employee
or other position.
(3)
A description of the nature of the business and the
goods, wares, products or merchandise to be sold.
(4)
The name and resident address of the property owner
where the transient merchant is to operate, together with a signed
consent from the property owner to allow the transient merchant activity.
(5)
The name and address of any tenant occupying the premises
where the transient merchant business is to be located, together with
the signed consent to the operation of the transient merchant business
from such tenant.
(6)
The length of time for which the permit is desired.
(7)
A survey of the property where the transient merchant
activity is to take place, with the area where business activity is
to be located drawn onto such survey showing the proposed distance
from all buildings and property lines.
(8)
A sworn statement of the total dollar amount of goods
to be offered for sale during the term of the permit.
B.
Applicants for a permit to be a peddler shall disclose
the following information in connection with the application:
(1)
The name and address of the applicant for the permit.
(2)
The name and resident address of each individual person
who shall be engaged as a peddler, together with a description of
their relationship to the applicant, whether it be owner, employee
or other position.
(3)
A description of the nature of the business and the
goods, wares, products or merchandise to be sold.
(4)
A photograph of each person who shall be engaged as
a peddler, taken within one year preceding the date of the application,
which picture shall be no smaller than two inches square, showing
the head and shoulders of the person.
(5)
A statement as to whether or not the applicant or
any of the proposed peddlers have been convicted of a crime, misdemeanor
or disorderly persons offense, where and when so convicted, the nature
of the offense and penalty, if any.
(6)
The make, model, year, color and license plate number
of any and all motor vehicles to be used in conjunction with the peddling
within the Borough, together with a photocopy of the driver's licenses
of those persons who drive such motor vehicles in connection with
the proposed peddling.
(7)
A list of at least five municipalities wherein the
applicant has engaged in peddling. In the event the applicant has
not been involved in peddling in at least five municipalities, the
applicant shall disclose all of the municipalities in the State of
New Jersey in which the applicant has been involved in peddling.
A.
Upon the filing of the application, the fee required by Chapter A270, Fees, shall be paid by the applicant to the Borough Clerk for the use of the Borough to defray the cost of investigating, processing, issuing and monitoring said permit.
B.
In addition, an applicant for a transient merchant
permit shall be required, upon approval of the permit, to post good
and sufficient bond with good and sufficient surety, in a form to
be approved by the Borough Attorney, equal in amount to 25% of the
value of the property shown in the declarations and disclosures required
with the application for the permit, but in no event shall the bond
be less than $1,000. The bond shall remain in force for the term of
one year and shall be so conditioned to indemnity and pay the municipality
any penalty or cost incurred in the enforcement of any of the provisions
of this article and to indemnify or reimburse any purchaser of 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, whether the misrepresentations
were made by the owners or their servants, agents or employees, either
at the time of making the sale or through any advertisement printed
or circulated with reference to such personal property or any part
thereof.
C.
Before a license for a transient merchant shall issue,
the applicant shall file with the licensing official an instrument
in writing nominating and appointing the licensing official his true
and lawful agent with the full power and authority to acknowledge
service or notice of process for and on behalf of the applicant in
respect to any matters connected with or arising out of the permit
and the bond given as required by this article for the performance
of the conditions of the bond or for any breach thereof. The power
and authority to acknowledge service or notice of process for and
on behalf of the applicant shall remain in full force and effect during
the period for which the bond is posted and expire upon release of
the bond. It shall also contain recitals to the effect that the applicant
consents and agrees that service of any notice or process may be made
upon such agent and when so made shall be as valid as if personally
served upon the applicant according to the laws of this or any other
state, and waiving all claim or right of error by reason of such acknowledgment
of service or manner of service.
A.
The Clerk shall cause such investigation to be made
of the applicant as is deemed necessary for the protection of the
public good. In this regard, the Clerk shall forward a copy of the
application to the Caldwell Police Department, and no permit shall
be issued until the Police Department has made a report and recommendation.
B.
The Clerk shall also check with the municipalities
listed on the application in connection with a peddler license application,
where the applicant has engaged in peddling in the past, in order
to ascertain the history and experience of those municipalities with
the applicant.
C.
To the best of the Clerk's ability, the information
contained in the application form shall be verified. If, as a result
of such investigation, the applicant's character or business responsibility
is found to be satisfactory, the Clerk shall recommend issuance of
the permit to the governing body. Upon approval of the governing body,
the Clerk, shall issue the appropriate permit. If, as the result of
such investigation, the applicant's character or business responsibility
is found to be unsatisfactory, the Clerk shall recommend to the governing
body a denial of the permit, and provide the reasons therefor, in
writing, to the governing body and the applicant.
D.
A determination of unsatisfactory character or business
responsibility must be based on objective facts disclosing such information
as conviction of a crime, prior violation of canvassing or soliciting
ordinances, a determination of previous fraudulent acts or conduct,
a record of continual breaches of solicited contracts or evidence
of other improper or illegal activity.
E.
The governing body shall make a decision in connection
with the application for the permit by resolution.
F.
If the permit is issued, it shall show the name and
address of the permittee, the kinds of goods, wares, products or merchandise
to be sold, the date of issuance and the date on which said permit
shall expire and shall list the names of each and every person to
be engaged in the permitted activity.
G.
No permit for a transient merchant shall be issued
for more than 30 days from the date of issuance. No permit for a peddler
license shall be issued for more than 30 days from the date of issuance,
with the right to extend the permit for three successive thirty-day
periods upon payment of the appropriate fee. The aforesaid time frames
may be further extended by resolution of the governing body, upon
good cause having been shown.
The licensing provisions of this article, together
with the provisions for application fee, bond and power of attorney,
shall not apply to the following:
A.
Merchandising done by the legal owner or lessee upon
property owned or leased by the merchandiser.
B.
Activities by persons lawfully exempt by state or
federal law from the licensing requirements set forth herein.
C.
Persons lawfully entitled to conduct business wherein
a permit or certificate is required by any department, board, commission
or agency of the United States, State of New Jersey, or Borough of
Caldwell pursuant to other ordinances.
D.
Charitable, religious and historical societies exempt
pursuant to N.J.S.A. 45:24-7.
E.
Peddling by any religious, charitable or other nonprofit
organization, provided that there is filed with the Clerk an application,
in writing, giving the following information:
(1)
Name and address of the peddler.
(2)
The purpose or cause for which the peddling is being
performed.
(3)
Names and addresses of the officers of the organization
for which the peddling is being undertaken and proof of the nonprofit
status, either by the submission of a copy of a certificate of incorporation
or any other written verification from or filed with any state or
federal entity.
(4)
The names and addresses of the agents or representatives
of the exempt organization who will actually perform the peddling.
Each peddler requiring a permit shall carry
a copy of the permit with him/her and shall produce it at the request
of any solicited resident or police officer of the Borough. Every
such person shall also have on their person a means of identification
to verify they are listed on the permit.
A.
Transient merchants shall be permitted to locate only in commercial zones where the proposed activity would be permitted by Chapter 250, Zoning. Any and all activities of the transient merchant shall meet all set back requirements contained in Chapter 250, Zoning, and be set back a minimum of 10 feet from any property line.
B.
Transient merchants shall be required to have three
designated parking spaces, on site, for use by the transient merchant.
C.
Only one sign shall be permitted on site for the transient
merchant, and such sign shall not exceed 10 square feet in area. No
sign shall be of a type that flashes, rotates or moves or one which
incorporates moving components. Such signs and all their supports
shall be at least 10 feet from any building or structure or 10 feet
from any side or rear lot line and shall be located back from the
street line a distance equal to not less than the height of the top
of the sign above ground.
Permits issued under this article may be revoked
by the governing body by reason of the violation of the terms of the
permit or any Borough ordinance, state or federal statute or because
of any discovered falsification made in the application for the permit,
or whenever the permittee shall cease to possess the qualifications
and character required in this article for the original issuance of
the permit. In the event of such revocation, the permittee shall be
notified by the Clerk in writing of the revocation, and the reasons
therefor which shall be set forth by the governing body in a resolution.
Any person or entity whose application for a
permit is recommended by the Clerk to be denied or whose application
may be denied by the governing body or whose permit may be revoked
shall have the right to a hearing before the governing body before
final decision is rendered. The governing body shall hold a hearing,
in any such case upon 10 days' written notice to the applicant or
permittee. At such hearing the applicant or permittee may present
testimony and/or written or oral argument. The final decision of the
governing body shall be memorialized by the adoption of a resolution
setting forth the findings and conclusions with reference to the matter.
A copy of the resolution shall be provided to the applicant or permittee,
and notice of decision shall be published by the Clerk in an official
newspaper of the municipality.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
Any person or entity who is a transient merchant
or peddler who violates any of the terms or provisions of this article
or who shall do any act or thing prohibited in this article shall,
upon conviction thereof, be subject to a fine not exceeding $2,000,
imprisonment for a term not exceeding 90 days, a period of community
service not to exceed 90 days, or a combination thereof. A separate
offense shall be deemed committed on each day during or on which the
violation occurs or continues. This article may be enforced by the
Police Department, the Borough Clerk or by any resident of the Borough
of Caldwell.
