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AN ORDINANCE CONCERNING SOLICITORS, CANVASSERS, PEDDLERS AND TRANSIENT MERCHANTS AND AMENDING THE "CODE OF THE TOWNSHIP OF PRINCETON, NEW JERSEY, 1968."

BE IT ORDAINED by the Township Committee of the Township of Princeton:

Section 1. Article I and Article II of Chapter 14 of the "Code of the Township of Princeton, New Jersey, 1968", which contains the current regulations with regard to solicitors, canvassers, peddlers and transient merchants, are hereby repealed, and the following NEW Article I shall read as follows:

Article I. Solicitors, Canvassers, Peddlers and Transient Merchants

Sec. 14-1. Purpose.

The purpose of this article is to prevent fraud, crime, undue public annoyance, and unethical and dishonest solicitation and canvassing practices within Princeton Township. All application fees to be charged for the issuance of permits are not to be considered as revenue, but are charges for the purpose of covering the expenses of administering this article.

Sec. 14-2. Definitions.

Individual shall mean any natural person.

Merchandise shall mean all goods, wares, food, drinks, fruits, vegetables, magazines, subscription, periodicals, printed material, farm products, and all types of articles of personal property, services and orders for contracts for services, home improvements or alterations, and anything that may be sold or distributed shall be considered "merchandise" for the purpose of this article.

Nonprofit Organization shall mean (1) any nonprofit charitable, religious, fraternal, social, civic or veteran organization, service club, or other organization qualified under §501(c)(3) of the Internal Revenue Code, or any volunteer fire or first aid company serving Princeton Township; or (2) any nonprofit organization (whether or not qualified under §501(c)(3) of the Internal Revenue Code), located in the Township or Borough of Princeton, the primary purpose of which is to benefit the school age children of Princeton Township or Borough, including but not limited to, schools, school clubs and organizations, Cub Scouts, Boy Scouts, Brownies, Girl Scouts, and similar youth groups.

Peddler shall mean any person, whether a resident of the Township or not, who goes from house to house or place to place by any means of conveyance, carrying or transporting merchandise for the purpose of selling and delivering the merchandise to customers. The term peddler shall include the words, hawker and huckster, and shall also include a person who from time to time offers merchandise for sale from one or more fixed locations out of doors, when the merchandise is displayed or stored in a motor vehicle located on the property, whether the property is owned by that person or by others.

Person shall mean and include and natural person, firm, partnership, corporation, organization, club, or association or any principal or agent thereof.

Solicitor shall mean an individual who goes from house to house or from place to place by any means of conveyance, soliciting or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services, and whether or not he is collecting advance payments on such sales or orders, or who engages in any of the foregoing activities from a stationary location or any street or any public place. The word solicitor shall also mean any individual who goes from house to house or from place to place for the purpose of obtaining contributions or subscriptions, or who does research analyses, makes surveys or opinion polls, obtains rating data or similar information, distributes advertisements or handbills of a commercial or partially commercial nature or who engages in any similar work which involves a door to door or place to place activity. The word solicitor shall also include the word canvasser.

Transient Merchant shall mean any person who merchandises or sells with the intent to close out or discontinue a business within a period of one (1) year from the date of commencement and occupies a room, building or other permanently constructed premises for the purpose of selling merchandise. The words transient merchant shall also include the words itinerant vendor.

Sec. 14-3. License Required. It shall be unlawful for any peddler, solicitor or transient merchant to sell, offer for sale or distribute merchandise, printed material or services within the Township without first obtaining a license from the Township Clerk by filing an application for license, paying a license fee and obtaining said license.

Sec. 14-4. Effect of License. Upon obtaining a license as hereinafter provided, a peddler, solicitor or transient merchant may conduct his activities within the Township only as long as he adheres to the regulations set forth in this chapter and carries the license upon his person or displays the license in a conspicuous place at all times during the conduct of his activities. The license shall identify the person and type of activity for which he is licensed and shall be shown to any Township official, or police officer or any other individual upon request.

Sec. 14-5. Application for License. An application for license shall be made upon forms provided by the Township, including a New Jersey State Bureau of Identification form authorizing release of any criminal history record information to the Princeton Township Police Department, shall be sworn to, shall be filed with the Township Clerk and shall contain or be accompanied by the following information:

 

a. For Solicitors and Peddlers:

 
  1. Name, age, physical description and Social Security or Federal I.D. Number of the applicant.
  2. Complete permanent home and local address of applicant together with telephone numbers.
  3. Name and address of the organization or persons for whom canvassing or soliciting is being made together with telephone numbers.
  4. Description of the nature of business or activity and the goods, services or wares to be sold.
  5. Two (2) recent photographs of the applicant which shall be approximately two and one-half by two and one-half (2 ½ x 2 ½) inches in size and showing the head and shoulders of the applicant in a clear and distinguishing manner.
  6. The days and dates upon which canvassing or soliciting is to take place.
  7. A statement as to whether or not the applicant has been convicted of a crime of the fourth degree or higher, a disorderly persons offense, a petty disorderly persons offense, or a moving motor vehicle offense, and if so, the details thereof.
  8. The make, model year, color and license plate number of such vehicle used by the applicant during the period of canvassing or soliciting within the Township and the number of applicant's drivers license and the State in which it is issued.
  9. The name and address of the insurance carrier and insurance policy number with respect to such vehicle or vehicles.
  10. A list of municipalities where the applicant has ever engaged in the activities of canvassing, peddling or soliciting, whether or not a permit was applied for or received in connection therewith.
  11. A statement as to whether or not the applicant has been denied a canvassing, peddling or soliciting permit and whether such permit or licensee has ever been revoked.
  12. If the applicant is not an individual, the State in which it is registered or incorporated, and the name and address of the registered agent.
  13. If the person applying is unable to provide any of the foregoing information, an explanation shall be provided of the reasons why such information is unavailable.
  14. Applications of corporations, partnerships or other entities shall have attached to their applications individual statements containing all of the information required by this subsection as to each employee or agent who shall engage in the licensed activity; said statements shall be signed and sworn to by each employee or agent and shall be treated, for investigation purposes, as separate applications to engage in a licensed activity. Applications by partnerships, corporations or other entities shall be signed by an authorized representative of the corporation, partnership or entity.
  15. All applicants shall submit the original or a certified copy of a valid Certificate of Authority issued by the Director of the New Jersey Division of Taxation, pursuant to N.J.S.A. 54:32B-15, empowering the vendor to collect sales tax. Certificates shall not be required for the sale of property exempted from sales and use taxation pursuant to N.J.S.A. 54:32B-8.2. All vendors shall attached the original Certificate to their cart, stand, truck, or other merchandising device, as required by N.J.S.A. 54:32B-15.
  16. All applicants selling food items shall submit a copy of the Board of Health license.
 

b. For Transient Merchants:

 
  1. Name, age, physical description and Social Security or Federal I.D. Number of the applicant.
  2. Complete permanent home and local address of applicant together with telephone numbers.
  3. Description of the nature of the business or activity including the average quantity, kind and value of the property to be sold.
  4. Two (2) recent photographs of the applicant which shall be approximately two and one-half by two and one-half (2 ½ x 2 ½) inches in size and showing the head and shoulders of the applicant in a clear and distinguishing manner.
  5. The dates during which the business is to be conducted.
  6. The name and addresses of the persons from whom the goods making up the stock were or are to be purchased by the applicant.
  7. A statement as to whether or not the applicant has been convicted of a crime of the fourth degree or higher, a disorderly persons offense, a petty disorderly persons offense, or a moving motor vehicle offense, and if so, the details thereof.
  8. A list of municipalities where the applicant has ever engaged in transient merchandising, whether or not a permit was applied for or received in connection therewith.
  9. A statement as to whether the applicant has ever been denied or had revoked a transient merchant's license or permit.
  10. A bond in an amount equal to twenty-five (25%) percent of the value of the personal property shown in the disclosures required by paragraph b,3. above but in no event less than one thousand ($1,000.00) dollars. The bond shall be in effect for a period of one (1) year from the date of license issuance, shall indemnify and pay Princeton Township any penalties or costs incurred in the enforcement of this section and the purchaser of personal property a sum equal to at least the amount of any payment such purchaser may have been induced to make through the misrepresentation of the applicant, its agents, servants or employees. The bond shall be in a form approved by the Township Attorney.
  11. An instrument in accordance with N.J.S.A. 45:24-6 appointing the Township Clerk as the applicant's true and lawful agent.
  12. If the applicant is not an individual, the state in which it is registered or incorporated, and the name and address of the registered agent.
  13. If the person applying is unable to provide any of the foregoing information, an explanation shall be provided of the reasons why such information is unavailable.
  14. Applications of corporations, partnerships or other entities shall have attached thereto individual statements containing all of the information required by this subsection as to each employee or agent who shall engage in the licensed activity, and said statements shall be signed by each employee or agent. Applications by partnerships, corporations or other entities shall be signed by an authorized representative of the corporation, partnership or entity.
  15. All transient merchants are subject to the statutory requirements set forth in N.J.S.A. 45:24-1 et seq., and shall be subject to the penalties set forth therein in the event of a failure to comply with any of said requirements.
  16. All applicants shall submit the original or a certified copy of a valid Certificate of Authority issued by the Director of the New Jersey Division of Taxation, pursuant to N.J.S.A. 54:32B-15, empowering the vendor to collect sales tax. Certificates shall not be required for the sale of property exempted from sales and use taxation pursuant to N.J.S.A. 54:32B-8.2. All vendors shall attach the original Certificate to their cart, stand, truck or other merchandising device, as required by N.J.S.A. 54:32B-15.
  17. All applicants selling food items for immediate consumption shall submit a copy of the Board of Health license.
Sec. 14-6. Approval or Rejection of Application
  a. Following the filing of a complete application and payment of the license fee as set forth in subsection 14-11 to the Township Clerk, the Clerk shall forward the application to the Chief of Police, who shall within thirty (30) days make such investigation, within the limits of the resources available to the Chief, which may include background checks, of the business responsibility and character of the applicant or any employee or agent who shall engage in the licensed activity, for the protection of the public good.
  b. If, as a result of such investigation, the character or business responsibility of the applicant or any employee or agent who shall engage in the licensed activity is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and the reasons therefor and return the application to the Clerk. The Chief may disapprove an application if such a disapproval is based on one (1) of more of the following findings with respect to the applicant:
  1. Conviction of a crime of the fourth degree or higher, a disorderly persons offense, a petty disorderly persons offense, or a moving motor vehicle offense.
  2. Prior violation of a peddling or soliciting ordinance.
  3. Previous fraudulent acts or conduct, or convictions of disorderly persons offenses.
  4. Records of breaches of solicitation contracts. Fraud, misrepresentation or false statements contained in the application for license.
  c. In the absence of such findings, the Chief of Police shall find the applicant satisfactory and shall endorse his approval on the application and return the application to the Township Clerk.
  d. The Township Committee reserves the right to adopt such rules and regulations governing the investigation by the police department in the issuance of licenses pursuant to this article and the keeping of records thereof as the Township Committee may deem necessary for the proper enforcement of this article.
Sec. 14-7. Denial or Issuance of License.
  a. If the applicant or any employee or agent who shall engage in the licensed activity is found unsatisfactory by the Chief of Police, and he endorses his disapproval upon the application, the Township Clerk shall notify the applicant by mail that the application is disapproved and shall deny issuance of the license. Such notice shall be mailed within five (5) working days following the endorsement of disapproval by the Chief of Police.
  b. If the application is found to be satisfactory by the Chief of Police, the Clerk shall issue a license addressed to the applicant to conduct the business applied for. The license shall expire December 31 of the calendar year in which it is issued unless, by its terms, it expires prior to that time, and shall be limited to the express purpose set forth therein.
Sec. 14-8. Revocation of License.
  a. Licenses may be revoked by the Chief of Police, or his designee, for any of the following causes:
  1. Fraud, misrepresentation or false statements contained in the application for license.
  2. Fraud, misrepresentation of false statement made in the course of carrying out activities pursuant to the license.
  3. Violation of any provision of this Article.
  4. Conviction of a crime of the fourth degree or higher, a disorderly persons offense, a petty disorderly persons offense, or a moving motor vehicle offense.
  5. Conduct of the business of peddling or soliciting in an unlawful manner or in such a manner as to constitute a breach of the peace or constitute a menace or disturbance to the residents of the Township.
  b. Notice of revocation shall be personally communicated to the licensee, and thereafter it shall be unlawful for him or any of his employees or agents to sell, offer for sale or distribute merchandise or services in the Township. If a hearing is requested by a licensee, the licensee shall be provided with a notice of the hearing before the Chief of Police or his designee. The notice shall be in writing, setting forth the grounds of the complaint and the time and place of the hearing. The notice shall be served personally upon the licensee or mailed postage prepaid to the licensee's address as given by the licensee in making the application, at least five (5) days prior to the date set for the hearing, and no more than five (14) days after receipt by the Chief of Police or his designee of the written request for a hearing.
Sec. 14-9. Appeal. Any person aggrieved by the action of the Chief of Police or Township Clerk in the denial of an application for a license, or in the decision with reference to revocation of a license, shall have the right to appeal to the Township Committee. The Township Committee shall not hear any appeal unless the applicant has first made appeal to the Chief of Police. Such appeal shall be taken by filing with the Township Clerk, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for a hearing on such appeal. The Township Committee shall set a time and place for hearing the appeal and a notice of the hearing shall be given to the applicant. The decision of the Township Committee on the appeal shall be final and conclusive.
Sec. 14-10. General Regulations: It shall be unlawful for a person to:
  a. Attempt to peddle or distribute merchandise or printed material, or solicit funds or canvass for information, without first having identified himself as a peddler, solicitor, transient merchant or canvasser registered with the Township and display the license issued therefor.
  b. Have exclusive right to any location on public property.
  c. Enter or attempt to enter the land of any resident in the Township where such resident has posted a legible and reasonably prominent notice prohibiting such entry.
  d. Refuse to leave a private dwelling or property after having been once requested to do so by the owner or occupant thereof.
  e. Reserved.
  f. Distribute obscene merchandise or printed material that advocates unlawful conduct.
  g. Litter the streets, public places or other property within the Township by any merchandise or printed material.
  h. Station, place, set up or maintain a cart, wagon, motor vehicle or other vehicle, or allow it to remain on any sidewalk in a way that would:
  1. Restrict, obstruct, interfere with or impede the pedestrians right of way;
  2. Restrict, obstruct, interfere with or impede the ingress or egress from the abutting property;
  3. Create or become a nuisance;
  4. Increase traffic congestion, cause or increase traffic delay or hazard;
  5. Cause or create or constitute a danger to life, health or property
  i. Solicit or offer to sell or solicit except between the hours of 9:00 a.m. and 9:00 p.m.
  j. Peddle using a cart of the dimensions of which exceeds two (2) feet in width, four (4) feet in length and four (4) feet in height including wheel height, while conducting business on any sidewalk.
  k. Use, set up, attach, place or permit the use of any table, crate, carton, rack, device or structure of any kind to increase the selling or display capacity of the peddler's cart.
  l. Station, place, set up or maintain a peddler's cart or allow it to remain on any sidewalk if to do so would reduce the unobstructed pedestrian right of way.
  m. Engage in the business of peddling within ten (10) feet of any location where the curb has been depressed to facilitate pedestrian or vehicle movement.
  n. Engage in the business of peddling on any sidewalk or along any street within fifteen (15) feet of any fire hydrant, crosswalk or driveway.
  o. Station, place, set up or maintain a peddler's cart or goods against display windows of fixed location businesses, nor shall they be within twenty (20) feet from an entranceway to any building, store, theater, library, school, museum, movie house, sports arena or other place of public assembly.
  p. Engage in the business of peddling on any sidewalk or along any street within ten (10) feet from intersecting streets or sidewalks.
  q. Engage in the business of peddling within thirty (30) feet of any location where another peddler is engaged in the business of peddling.
  r. Engage in the business of selling at any location without giving a written receipt to each customer for any sale in excess of twenty ($20.00) dollars. The receipt shall show clearly the seller's name, business address, license number, a description of the merchandise sold, and the purchase price, and shall be sequentially numbered.
  s. Engage in the business of peddling on any sidewalk or along any street within ninety (90) feet of a bus stop. For purpose of this section, the words "bus stop" shall include the sidewalk and the adjoining street where there is a designated bus stop.
  t. Sell food, drinks, ice cream, confections or other items for immediate consumption unless the peddler has available for public use his litter receptacle which shall be clearly marked and maintained for his patronage use, nor shall any peddler leave any location without first picking up, removing and disposing of any trash or refuse remaining from the sales made by him; nor shall any person sell food, drinks, ice cream, confections or other food items for consumption without having first received any permit or license required by the Township or the Board of Health for food handling.
  u. Leave any cart unattended at any time or place or leave the same overnight on any sidewalk
Sec. 14-11. Application Fee Required
  a. Each application shall be accompanied by an application fee of $50.00 for each individual solicitor or peddler, and $100.00 for a transient merchant license, to compensate Princeton Township for the cost of administering this article, and such fees will not be refunded if a permit is not issued.
  b. No license issued under this article shall be used at any time by any person other than the person to whom it was issued.
  c. Where an organization has several agents peddling, soliciting, distributing merchandise or printed material or services, or canvassing, each agent shall pay the applicable application fee and shall be issued a separate license.
Sec. 14-12. Exemptions from payment of application fee.
  The following persons are expressly exempt from the payment of any application fees:
  a. Any solicitor for a nonprofit organization as defined in section 14-2 of this article.
  b. Any person honorably discharged from the military service of the United States, in conformity with N.J.S.A. 45:24-9 and 24-10.
  c. Any person who is an exempt fireman, as defined by N.J.S.A. 45:24-9 and 24-10, possessing corresponding identification, in conformity with said statute.
  d. Any person holding a solicitation license or permit issued under any legislation of the United States government or by a state agency pursuant to statute.
Sec. 14-13 This article shall not affect any of the following persons or activities:
  a. Any person engaged in campaigning for any elected public office or public question which is to be voted upon in the township at a general, special, primary, or school board election; nor shall this article apply to the distribution of circulars or advertising with respect thereto.
  b. Any person engaged in the delivery, in the regular course of business, of goods, wares, merchandise, or other articles of personal property to the premises of persons ordering or otherwise entitled to receive same.
  c. Any nonprofit organization, as defined in §14-2 of this article, engaged in the solicitation of funds for charitable purposes solely from its members.
  d. Any person engaged in the solicitation of funds for a nonprofit organization, when solicitation occurs on premises owned or controlled by the person soliciting funds or with the permission of the person who owns or controls the premises.
  e. Federal census-taking and surveys taken pursuant to Federal, State or Local Laws.
  f. Any public utility, or its employees, which is subject to the regulation of the State Board of Public Utility Commissioners; provided, however, that such employees shall display the identification badge or card issued by the employer.
  g. Children enrolled in public and private elementary and secondary schools in the Township or Borough of Princeton, including children peddling or soliciting for schools, school clubs and organizations, Cub Scouts, Boy Scouts, Brownies, Girl Scouts, and similar youth groups.
  h. Any person engaged in the solicitation of funds for a Princeton Township or Borough fire company, first aid squad, or police department.
Sec. 14-13.1 Public Disclosure
  All applications filed with the Township Clerk, whether or not a permit has been issued, shall be a public record and shall be available for public inspection during regular office hours.
Sec. 14-13.2 Penalties.
  Any person who shall solicit or peddle, or operate as a transient merchant within the Township in violation of any provision of this article shall be subject to the penalties provided for in section 1-6 of this code.
  Section 2. This ordinance shall take effect after its passage and publication, as provided for by law.
Adopted: 3/22/99

 

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