As used in this chapter, the following terms shall have the meanings
indicated:
PEDDLER
A person commonly referred to as a "peddler" or "hawker," who goes
from place to place, or from house to house, and carries with him goods, wares
and merchandise for the purpose of selling and delivering them to the consumers.
PERSON
An individual, firm, partnership, corporation, voluntary association,
incorporated associations, and principal and agent thereof.
SOLICITOR
A person selling goods by sample or taking orders for future delivery
with or without accepting an advance payment for the goods.
TRANSIENT MERCHANT
A person commonly referred to as an "itinerant vendor" who carries
his goods and wares with him and whose purpose is to close out or discontinue
such business within a period of one year from the date of commencement, and
who occupies a room, tent, lot or other premises, for the purpose of selling
goods, wares and merchandise.
The purpose of this chapter is to prevent the public from being victims
of unfair competitions and dishonest business practices of the several classes
of persons described herein, and to protect the citizens of the Town of Phillipsburg
from fraud, crimes, trespassers, misrepresentations, cheats and deceits, from
transients and irresponsible persons, and, for the preservation of public
health and safety by imposition of license fees herein provided, to raise
revenues for the Town of Phillipsburg.
It shall be unlawful for any person or persons to drive or use any hack,
car, omnibus or taxicab or other vehicle for the transportation of passengers,
baggage, merchandise, wares, goods, or chattels of any kind, or to carry on
and continue the business of cartmen, expressmen, baggagemen, auctioneers,
common crier, junk shop keepers, junk dealers, itinerant or transient vendor
of merchandise, coal, ice cream, foodstuffs, milk, medicine or remedies, traveling
shoe repair shops, itinerant magazine solicitors, or subscription agent, circuses,
plays, public dances, exhibitions, theatrical performances, or street parades
in connection therewith, theaters, showhouse, opera house, concert halls,
dance halls, pool or billiard parlors, exhibition grounds or other public
amusement, or to erect or maintain any sign projecting beyond the building
line into or over any public street or highway, or to conduct any street stands
for the sale or distribution of merchandise or other articles within the Town
of Phillipsburg, without having first obtained a license from the Town Clerk
so to do or as hereinafter provided without having first registered with the
Town Clerk and Police Department of the Town of Phillipsburg, and obtained
a permit therefor.
[Amended 12-28-1955 by Ord. No. 758]
The Town Clerk is hereby authorized to issue any such license upon the
payment by the applicant of the proper fee therefor, as hereinafter provided.
Every such license shall remain in force and be valid only for the time therein expressed, and shall apply only to the person or persons to whom granted, or to the vehicle for which granted, and shall not be transferable. All yearly licenses shall run from January 1 of the year in which the license is issued, and all licenses for the period of six months shall run for the period of six months from the first day of January or the first day of July, next preceding the granting of the license. All monthly licenses shall run from the first day of the month in which license is issued. The full fee for the time opposite the classification of §
207-10 of this chapter shall be paid for each license granted to any person or persons or vehicle under that classification, and no prorate reduction in the fee shall be made nor shall a refund be made because of cessation of business after such license shall have been issued.
Any person to whom such license is issued as hereinafter provided is
hereby required to exhibit such license whenever called upon so to do.
All persons to whom such license is granted as hereinafter provided
shall comply with police rules and regulations, and shall comply with all
state laws and Town ordinances; and if the licensee shall be found guilty
of the violation of any state law or Town ordinance, the license granted may
be revoked by the Mayor of the Town of Phillipsburg; and notice thereof in
writing, signed by the Mayor and served upon the licensee, shall be considered
a revocation of the license.
Any permit secured by misrepresentation or error shall be revoked and
the offender shall be subject to the penalties of this chapter.
The neglect or refusal of any licensee to conform to the rules and regulations
of the Bureau of Health of the Town of Phillipsburg shall deny such person
the right to a license or, if a license has already been granted and issued
to such person, shall be deemed good grounds for revocation of the license,
and said license may be revoked by the Mayor of the Town of Phillipsburg by
serving notice in writing thereof, setting forth the cause, upon the license.
[Amended 12-21-1955 by Ord. No. 758; 6-19-1969
by Ord. No. 998; 9-11-1979 by Ord.
No. O-79-26; 4-6-1982 by Ord. No. O:82-10; 12-20-1983
by Ord. No. O:83-30; 1-17-1986 by Ord.
No. O:85-28]
Type
|
Per Day
|
Per Week
|
Per Year
|
---|
Amusements
|
|
|
|
Circuses, Wild West shows and carnivals
|
$150
|
|
|
Auctioneer
|
$25
|
|
$50
|
Billiard tables (pool and combination)
|
|
|
$25
|
Bowling alleys, per alley
|
|
8 or fewer
|
|
|
$25
|
|
9 or more
|
|
|
$10
|
Circulars, passing door to door
|
$5
|
|
$50
|
Hucksters, hawkers, vendors or peddlers selling in the streets from
a vehicle of any kind fish, vegetables, fruits or other farm produce (except
of their own raising); and meat, bread, milk, ice cream, Italian ice or other
food supplies, for each vehicle
|
|
|
$50+
|
Food handling
|
$25+
|
Salesman
|
$5
|
Total:
|
$80
|
NOTE: Veterans holding a state license for vending shall be exempt from
the salesman fee of $5.
|
Individuals not having a regular established place of business and selling
flowers, plants, Christmas trees, evergreens, etc., at retail for holiday
decorations (Christmas, Easter, Memorial Day and Thanksgiving)
|
$25 per month
|
NOTE: No individual shall sell flowers, plants, Christmas trees, evergreens,
etc., on Route 22 (known as "Memorial Parkway") or on Roseberry Street in
the Town of Phillipsburg.
|
Itinerant hawker, vendor or peddler, except as herein specially provided,
selling souvenirs, novelties, balloons, miscellaneous merchandise, amusements,
etc., on holidays, parade days and circus days, in the streets
|
$50
|
|
|
Junk collectors
|
|
|
$100
|
Loudspeaker
|
$25
|
|
|
Machines (fees are per machine):
|
|
Coin-operated:
|
|
|
Adult movie video machines
|
|
|
$50
|
|
|
Jukebox
|
|
|
$50
|
|
|
Pinball
|
|
|
$50
|
|
|
Bagatelle
|
|
|
$50
|
|
|
Bowling
|
|
|
$50
|
|
|
Shuffleboard
|
|
|
$50
|
|
|
Video
|
|
|
$50
|
|
Non-coin-operated:
|
|
|
Shuffleboard
|
|
|
$50
|
NOTE: All such machine license fees shall be paid on or before March
1 of each year. Failure to make payment by that date will require payment
of a fee of $100 in order to obtain said machine license. [Amended 7-1-1986 by Ord. No. O:86-24; 5-3-1994
by Ord. No. O:94-18]
|
The following organizations are exempt from obtaining a license: veteran
organizations, schools, firehouse and emergency squads, churches and service
clubs, such as Elks, K-CEE, Rotary and Exchange Club.
|
Vendors of fresh, cut or artificial flowers without a place of business
|
$50
|
|
|
NOTE: No vendor shall sell flowers on Route 22 (known as "Memorial Parkway")
or on Roseberry Street in the Town of Phillipsburg.
|
Peddlers: no door-to-door selling permitted; no selling on Route 22
(known as "Memorial Parkway") or on Roseberry Street in the Town of Phillipsburg;
traveling or transient peddlers must be licensed
|
$50
|
$100
|
$200
|
Photographers, each person
|
$10
|
$25
|
$100
|
Pursuant to N.J.S.A. 40:52-1.2, as a condition of issuance or renewal
of a license, all delinquent property taxes or assessments on the property
must be paid. The license shall be revoked or suspended if property taxes
are not paid for three consecutive quarters or more. The license shall be
restored upon payment of taxes. The provisions of this section shall not apply
to or included any alcoholic beverage license or permit issued pursuant to
the New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq.
No license shall be required from the following persons:
A. Any person selling fruit, vegetables or farm products
of his own raising, provided that he shall have registered as hereinafter
provided.
B. Any blind person who is a resident of this municipality,
provided that he shall have obtained a permit from the Mayor of the Town of
Phillipsburg.
C. Any person who conducts a sale pursuant to state or court
order.
D. Any person who is a duly authorized agent, privileged
under the laws of interstate commerce to take orders without payment or part
payment for goods to be delivered in interstate commerce subsequent thereto
and paid for through the usual office methods; provided, however, that such
person shall register as hereinafter provided.
E. Any person duly authorized to be licensed by An Act to
Authorize the Issuing of Licenses to Honorably Discharged Soldiers, Sailors,
Marines for Hawking, Peddling and Vending of Merchandise Within the State,
approved March 28, 1904, together with the amendments thereof and supplement
thereto.
Whenever any vehicle is required to be licensed by this chapter, said
vehicle shall, at all times, have the license displayed upon it during the
licensed period.
No person licensed under this chapter shall call attention to his business
or to his merchandise by crying out or by blowing a horn or ringing a bell
or other loud, disturbing and unusual noises.
[Amended 6-5-1984 by Ord. No. O:84-18]
Each and every person failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in Chapter
1, General Provisions, Article
II, General Penalty, and the Municipal Judge before whom any such person may be brought may impose such punishment by fine or imprisonment in the county jail as he may see fit, not exceeding the maximum herein.