No person, except as provided in this chapter shall canvass,
solicit nor call from house to house in the Borough of Chester without
first having registered with and received a license from the Borough
Clerk.
[HISTORY: Adopted by the Mayor and Council of the Borough
of Chester 12-5-2023 by Ord. No. 2023-16. Amendments noted where applicable.]
Any person who applies for a license in accordance with the
terms and provisions of this chapter.
The Borough of Chester.
Any person who has applied for, has been issued and holds
a license in accordance with the terms and provisions of this chapter
or pursuant to state statutes.
The Office of the Borough Clerk shall collect, prepare and
maintain a list of addresses of those premises where the owner and/or
occupant has notified the Borough Clerk that soliciting, canvassing
and peddling are not permitted on the registered premises. To be included
on the list, residents shall notify the Borough Clerk in writing of
the request for inclusion.
Any person, traveling from place to place within the Borough,
from house to house, or from street to street, for the purpose of
carrying, conveying, or transporting merchandise, goods, or wares
of any type and offering and exposing the same for sale, or making
sales and delivering articles to a purchaser, or offering, whether
in conjunction with goods or wares or not, the sale of services of
any type. The definition of "peddler" shall also include any commercial,
charitable, or religious activity which includes any activity to seek
contributions, donations, signatures, or obtain information, or take
or attempt to take orders for sale of goods, services, 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 the individual has, carries or exposes for sale a sample of the
subject of the sale, and whether or not the person accepts advance
payment for the goods or services. "Peddler" shall not include persons
offering goods or services to retail merchants.
Any individual, organization, trust, foundation, association,
partnership, corporation, other business entity, society or other
group or combination acting as a unit.
Signs are a physical display that contain or set forth "No
Trespassing," "No Soliciting," "No Peddling" or similar language advising
peddlers and solicitors not to enter upon the property of the owner
or occupant.
The request, directly or indirectly, for the donation of
money, property, anything of value or financial assistance of any
kind, which shall include the selling or offering for sale of any
services, property, real or personal, tangible or intangible, merchandise,
goods, or wares of any type, whether of value or not, or seeking information
conducted from house to house or on the public streets. The act of
a solicitation is complete when communicated to any individual then
located within the corporate limits of the Borough.
Any person desiring a license under this chapter shall file
with the Borough Clerk a sworn written application, in duplicate,
on a form to be furnished by the Borough Clerk, which shall provide
the following information:
A.
The name of the applicant desiring to solicit or to peddle, solicit
or otherwise canvass.
B.
Identification as to whether the applicant is an individual, organization,
trust, foundation, association, partnership, corporation, other business
entity, society or other group or organization, or combination acting
as a unit.
C.
The applicant's name, home address, business address, phone
numbers, email addresses for the past three years.
D.
A copy of the driver's license, passport or other government
issued identification for the applicant and each person who will be
engaged in peddling, soliciting, or canvassing.
E.
If the applicant is not an individual, the applicant shall provide
a copy of a valid business certificate, a valid certificate of authority
issued to the registrant by the New Jersey Division of Taxation empowering
the applicant to collect sales tax as required by N.J.S.A. 54:32B-15,
a certificate of formation/incorporation, the name and address of
the registered agent in New Jersey, the state where the entity is
organized, the name, address and telephone number of the principal/president/manager,
and the address of the nearest business/office location.
F.
Specification of the time period for which a license is needed and
why, including the desired start date and end date.
G.
A brief statement of the nature of the business and description of
the goods, services, or information that will be peddled, solicited,
or canvassed.
H.
The names of any other municipalities in which the applicant has
peddled, solicited, or canvassed within the previous 12 months.
I.
Two recent photographs of each individual to be engaged in peddling,
soliciting or canvassing, taken within 60 days immediately prior to
the date of the application, which shall clearly show the head and
shoulders of the applicant (sufficiently portraying the applicant's
features substantially as they exist at the time of making the application)
approximately 1 1/2 inches by 1 1/2 inches in size.
J.
A statement under oath and penalty of perjury as to whether the applicant
and, if employed, the applicant's employer,
(1)
Has ever been convicted of any crime, disorderly persons offense,
misdemeanor, or violation of any local ordinance, the nature of the
conviction, and the punishment or penalty assessed, therefore.
(2)
Of the details of any prior arrests or charges for any sexually related
offenses, distribution of controlled substances, or any violent acts
against persons or property; if the applicant is listed as a registered
sex offender; and disposition of the arrest or charge, including the
date and jurisdiction of the disposition.
(3)
Has any civil judgment been entered against the applicant for any
fraudulent or deceptive acts.
(4)
If the applicant has a history of any of the foregoing, the applicant
shall authorize and fully cooperate in supplying all things necessary
to conduct a criminal background check, including fingerprinting,
or securing records from other jurisdictions.
K.
The names of at least two reliable individuals who will certify as
to the applicant's good character and business respectability,
or, in lieu of the names of references, such other available evidence
as to the good character and business responsibility of the applicant
and his employer, as will enable an investigator to properly evaluate
such character and business responsibility.
L.
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.
M.
An affirmation that if the license is approved, it will not be used
or represented in any way as an endorsement of the proposed solicitation
by the Borough, its officials, officers, or employees or departments.
[Amended 7-16-2024 by Ord. No. 2024-07]
A.
At the time the application is submitted, a fee shall be paid to
the Clerk to cover the costs of processing the application, conducting
an investigation, and issuing or denying a license.
B.
The fee to be paid at the time the application is submitted shall be set forth in Chapter 127 (Fees) of the Borough Code.
C.
Fees shall not apply to holders of licenses issued pursuant to N.J.S.A.
45:24-9 et seq.
A.
Within three business days of receipt of a properly and fully completed
application under this chapter, the Clerk shall submit a duplicate
of the application to the Police Department.
B.
Within 10 days of receipt of the application by the Police Department,
an investigation of the applicant, the applicant's employer,
and any agents/employees deemed necessary to ensure the safety, protection,
and privacy of the residents of the Borough shall be undertaken.
(1)
In the discretion of the Chief of Police, a copy of the application
and all materials generated in the course of any investigation may
be retained by the Police Department.
(2)
If the applicant supplies any information indicating a prior history under § 207-3J, or if the investigation of the applicant establishes that the applicant has any such history, or if the applicant falsified, misrepresented or omitted any information in the application, a full criminal background check of the applicant through the approved live scan fingerprinting provider for the State of New Jersey may be conducted at the applicant's expense.
(3)
The investigation may include an interview of the applicant by a
member of the Police Department, which may be recorded at the discretion
of the interviewer.
(4)
Based on the investigation conducted, the Chief of Police shall make
a written determination as to whether the application should be approved
or disapproved, and if disapproved, shall state the reasons for disapproval.
The Chief's determination shall be provided to the Borough Clerk.
The Clerk shall mail a Notice of disapproval to the applicant at the
address indicated on the application form, by registered and certified
mail, return receipt requested, together with a copy of the reasons
for disapproval.
C.
The Clerk shall notify the Borough Mayor and Council of the Chief's
determination at the next regularly scheduled public meeting of the
governing body following the Clerk's receipt of the determination
from the Chief.
D.
No license shall be issued to any applicant under the age of 16,
or by the Clerk, unless first approved by the Mayor and Council.
E.
The license issued pursuant to this chapter shall contain the following:
(1)
The signature of the Clerk as the issuing officer.
(2)
The name, address, and photograph of the licensee.
(3)
The nature of the license issued.
(4)
The kind of goods and services to be sold.
(5)
The name of the licensee's employer, if any.
(6)
The date of issue and the date of expiration. All licenses expire
December 31 of the licensing year.
(7)
The motor vehicle registration number and other identifying details
including the make, model, year and license plate of any motor vehicle
to be used in the licensed peddling or soliciting activity.
F.
If a vehicle is to be used by any approved applicant, the Clerk shall
also issue a placard to be displayed prominently in the dashboard
front window of the vehicle identifying the licensee. Any vehicles
subject to this section shall fully comply with all applicable laws,
ordinances, and regulations, in particular any which deal with public
health, safety and welfare.
G.
Every license and vehicle placard shall apply only to the person
to whom it was issued and shall not be transferable.
H.
The licensee shall maintain a copy of the license with the licensee
at all times and prominently display the same, while engaged in peddling,
soliciting, or canvassing in the Borough. The license must be presented
for inspection at the request of any police officer, other law enforcement
officer, or any Borough official.
A.
Any applicant aggrieved by the action of the Police Chief, the Clerk
or the Borough Mayor and Council in the denial of a license under
this article shall have the right of appeal to the Borough Council.
Any such appeal shall be taken by filing with the Borough Clerk a
notice by way of a written statement fully setting forth the basis
and grounds for appeal and attaching all documents to be relied upon
as part of the appeal. The statement shall be filed within 14 calendar
days after the applicant receives notice of the denial.
B.
For the purposes of appeal, effective notice shall have been presumptively
provided either on the date of receipt of the notice sent by certified
mail, or five calendar days after the date of the notice sent by regular
mail.
C.
Mayor and Council shall at the next regularly scheduled public meeting
schedule a time and place for a hearing on the appeal within a reasonable
time thereafter.
D.
At the hearing, the Mayor, or the Mayor's designee shall preside.
The applicant shall have the right to appear and be heard, to be represented
by an attorney, to present witnesses on the applicant's own behalf,
to cross-examine opposing witnesses and to have a permanent record
of the proceedings made by way of a certified court reporter at the
applicant's expense. If such a record is made, a digital copy
(pdf and text) and two paper copies shall be furnished to the Borough
without charge. The Mayor and Council shall render a decision by majority
vote if they are satisfied by a preponderance of the evidence that
a license should be issued, denied, reinstated, or revoked as the
case may be. The decision of the Council on appeal shall be final.
It shall be unlawful and a violation of this chapter for any
person, applicant, licensee, or their agents or employees, to engage
in any activity contrary to the following regulations:
A.
Any person holding a license issued by the Borough Clerk or the Clerk
of the County of Morris under the authority of N.J.S.A. 45:24-9, shall
comply with all of the provisions of N.J.S.A. 45:24-9 et seq. and
the No Knock List provisions of this chapter.
B.
No activities permitted by this chapter shall take place before 8:00
a.m. or after the hour of 8:00 p.m. These hours may be adjusted by
the Mayor and Council upon request via resolution.
C.
A licensee shall notify the Borough Clerk and the Police Department
at least once every week in which the licensee plans to conduct any
related activities. Notification shall include a statement of the
general area of the Borough in which the licensee intends to conduct
such activities, and a schedule of dates and times when such activities
shall be conducted. The licensee shall notify the Police Department
of any change in area or in dates or times should such changes be
made during the week.
D.
No one shall call attention to their business or merchandise by crying
out, blowing a horn or by any other loud or unusual noises, or use
any other sound-amplifying device on any street, park or other public
place or private premises in the Borough.
E.
No one shall enter or attempt to enter the premises or residence
of any Borough resident without an express invitation from the occupant.
F.
No one shall engage in any conduct objectionable or annoying to a
residential occupant.
G.
No one shall engage in activities permitted by this chapter from
their vehicle unless it is legally parked on a public street or parked
safely in a designated off-street parking space.
H.
No one shall engage in activities permitted by this chapter on any
road or at any intersection with occupants of vehicles traveling on
the road or stopped at an intersection.
I.
No one shall conduct, or attempt to conduct, activities permitted
by this chapter at any residence or on any property on which is posted
a sign expressly prohibiting such as "No Trespassing," "No Soliciting,"
"No Peddling" or similar language advising peddlers, solicitors, and
canvassers not to enter upon the property of the owner or occupant.
J.
No one shall conduct, or attempt to conduct, activities permitted
by this chapter within 200 feet of any municipal building or any place
of worship during times of services, or any building occupied exclusively
as a public or private school or for school purposes, unless approved
by the Mayor and Council.
K.
No one shall allow any other person to use the license issued hereunder.
L.
No one shall conduct, or attempt to conduct, within any Borough park
or on municipally owned land, or within 200 feet measured from the
perimeter of the area used for any event or activity approved by the
Borough Recreation Director or the Mayor and Council.
M.
No one shall engage in any activities permitted by this chapter at
any residence or dwelling on the No Knock List maintained by the Borough
Clerk.
N.
No one shall engage in any activities permitted by this chapter,
unless properly licensed to do so, or exempt from the licensing requirement.
A.
The Clerk shall maintain a record of all applications and licenses
issued under the provisions of this chapter and shall record therein
all convictions for violations of this chapter and other pertinent
circumstances and incidents reported by the Police Department or other
Borough officials.
B.
The Borough Clerk shall keep a current calendar of planned activities
permitted by this chapter within the Borough. The Clerk may propose
alternate dates for activities permitted by this chapter if proposed
dates pose a conflict with activities already on the calendar.
A.
Any license issued under this chapter may be suspended by the Borough
Clerk subject a decision by the Mayor and Council, upon receipt of
notice of the following:
(2)
Any misrepresentation, false statement, dishonesty or material omission
in the application for a license;
(3)
Fraud, misrepresentation or a materially false statement by the licensee
in the course of conducting the activities licensed;
(4)
Conviction of any crime, disorderly persons offense, misdemeanor
or violation of any Borough ordinance. A plea of guilty, nolo contendere
or any other similar disposition of alleged criminal activity shall
be deemed a conviction.
(5)
Entry of any civil judgment for any acts involving fraud or deception.
(6)
Arrest for any sexually related offense, distribution of controlled
substances, any violent acts against persons or property, or if the
applicant is listed as a registered sex offender.
B.
A licensee shall be promptly noticed in writing of any license suspensions,
who may appeal that suspension to the Mayor and Council.
(1)
Any such appeal shall be taken by filing with the Borough Clerk a
notice by way of a written statement fully setting forth the basis
and grounds for appeal and attaching all documents to be relied upon
as part of the appeal. The statement shall be filed within 14 calendar
days after the applicant receives notice of a suspension.
(2)
For the purposes of appeal, effective notice shall have been presumptively
provided either on the date of receipt of the notice sent by certified
mail, or five calendar days after the date of the notice sent by regular
mail.
(3)
The Mayor and Council shall at the next regularly scheduled public
meeting schedule a time and place for a hearing on the appeal within
a reasonable time thereafter and determine to reinstate the license
or revoke the license.
C.
If no timely appeal is taken by a licensee from a suspension by the
Borough Clerk, the Mayor and Council at its next scheduled meeting
shall by resolution move to reinstate or revoke the license.
The provisions of §§ 207-1, 207-7 and 207-12 of this chapter shall enforced by the Police Department. A violation of said sections shall subject the violator to the issuance of a summons which shall be adjudicated before the Municipal Court. The violation and the disposition of same shall be reported to the Borough Clerk.
This chapter shall not apply to the following:
A.
Any person engaged in the delivery of goods, wares or merchandise
or other articles or things in the regular course of business to the
premises of persons who had previously ordered the same or were entitled
to receive the same by reason of a prior agreement.
B.
Any person engaged in activities on behalf of a charitable or religious
association or any community, civic, educational, or political organization
where the entire net proceeds of such sales inures to the benefit
of such organization.
C.
This chapter shall not in any manner restrict or abridge the rights
and privileges of persons holding state licenses issued to veterans
and exempt volunteer firemen who may come within the effect of N.J.S.A.
45:24-9, et seq.
D.
Federal census takers and polls or surveys taken pursuant to federal,
state or local laws.
E.
Any persons seeking elected public office.
A.
Any resident of the Borough may register its name, address and/or
unit/apartment number with the Borough Clerk to be placed on a "No
Knock List," indicating that they do not want peddlers, solicitors,
or canvassers of any kind to approach the residence and/or seek personal
contact with the occupants of the registered residence. The Borough
Clerk shall provide the registration form, which shall be available
during normal business hours to residents.
B.
Residents shall remain on the "No Knock List" until such time as
they advise the Borough Clerk in writing that they wish to be removed
from the list. On or about April 1 and October 1 of each year, the
Borough Clerk shall update the No Knock List. The updated list shall
then be forwarded to the Chief of Police. The Borough Clerk shall
provide a copy of the updated list to every applicant seeking a license
under this chapter in the Borough.
C.
No peddler, solicitor, or canvasser, whether for commercial, charitable,
or religious purposes, shall conduct any peddling, soliciting or canvassing
in the Borough without first obtaining and signing a receipt for having
obtained the Borough's No Knock List.
D.
It shall be unlawful for any peddler, solicitor, or canvasser to
approach and/or seek personal contact with the occupants of a residence
which has been registered on the "No Knock List."
E.
Upon completion of registration on the "No Knock List," the subscriber
shall receive a decal stating, "DO NOT KNOCK - Registered on the "No
Knock List" with Chester Borough Clerk's Office - VIOLATORS WILL
BE PROSECUTED", which must be displayed in a clearly visible location
(i.e., front door or window adjacent to the front door).
Any person violating any of the provisions of this chapter shall be liable to the penalties stated in Chapter 1, General Provisions, Article III, General Penalty, of the Borough Code, which in no event shall be less than $500, and, upon conviction, shall forfeit such license issued hereunder and the right to renew such a license and shall be ineligible for the issuance of a license hereunder for a period of one year from the date of conviction. Each day's continued violation shall constitute a separate offense.