A.
License requirements.
[Amended 2-26-2015 by Ord. No. 6-2015]
(1)
Except as set forth in Subsection A(2), it shall be unlawful for a transient merchant or itinerant vendor to sell, offer for sale or distribute merchandise, printed material or services within the City without first obtaining a license from the City Clerk by filing an application for a license, paying a license fee and obtaining said license in the manner set forth in this chapter.
B.
TRANSIENT MERCHANT
As used in this article, the following terms shall have the meanings
indicated:
Any person who engages in merchandise sales with the intent
to close out or discontinue a business within a period of one year
from the date of commencement, and includes those who, for the purpose
of carrying on such business, hire, lease, or occupy any building,
permanent structure, or other permanently constructed premises for
the purpose of the exhibition and selling of such goods, wares and
merchandise. The words "transient merchant" shall also include the
words "itinerant vendor."
A.
For transient merchants:
(1)
An application for a license shall be made upon forms provided by
the office of the City Clerk, including a New Jersey State Bureau
of Identification form authorizing release of any criminal history
record information (known commonly as a "yellow sheet") to the Somers
Point Police Department.
(2)
A declaration under oath shall be made to the City Clerk containing each item of information required to be submitted by commercial canvassers, solicitors and peddlers set forth in Subsection A(1), (2), (5), (8), (13), (15), (16), (17), (18), (19), (20) and (21) of § 202-16 of Article II of this chapter, together with:
(a)
A description of the nature of the business or activity, including
the average quantity, kind and value of the property to be sold or
exposed for sale.
(b)
The dates during which the business is to be conducted.
(c)
The name(s) and post office addresses of the persons from whom
the goods making up the stock were or are to be purchased by the applicant.
(d)
The bills of sale or invoices for such personal property and
merchandise to be offered for sale.
(e)
A list of municipalities where the applicant has, within the
preceding three years, engaged in transient merchandising, whether
or not a permit was applied for or received in connection therewith.
This is intended to include locations where the applicant engaged
in transient merchandising under the same name, a different name,
a trade name, a fictitious name and any such entity in which applicant
had a ten-percent or greater interest.
(f)
A statement as to whether the applicant has ever been denied
or had a transient merchant's license or permit revoked or suspended,
and, if so, the details of the revocation or suspension.
(g)
A bond in an amount equal to 25% of the value of the personal property shown in the disclosures required by Subsection A(2)(c) above, but in no event less than $1,000. The bond shall be in effect for a period of one year from the date of license issuance, shall indemnify and pay Somers Point City any penalties or costs incurred in the enforcement of this section, and shall indemnify or reimburse 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, whether in person at the time of making the sale or through any advertisement printed or circulated in any manner, including electronically, with reference to such personal property or merchandise or any part thereof. The bond shall be in a form approved by the City attorney.
(h)
An instrument, in accordance with and containing the recitals
specified in N.J.S.A. 45:24-6, appointing the City Clerk as the applicant's
true and lawful agent for service of process.
(3)
Each application shall be accompanied by an application fee of $150
for a transient merchant or itinerant vendor license (which shall
be applied against the license fee of $1,030 payable by the transient
merchant or itinerant vendor if the license application is approved),
to compensate Somers Point for the cost of administering this article,
and such fees will not be refunded if a license is not issued.
(4)
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.
The application for a license shall be processed in the same manner set forth in § 202-18 of this Chapter 202, with the exception that a copy of the application shall be submitted by the City Clerk to the Zoning/Code Enforcement Officer to determine if the intended activity is permitted under the Land Use Code and Development Regulations of the City of Somers Point. In the event the intended activity is not in compliance, the application shall be denied, and the applicant may appeal that determination to the Somers Point Zoning Board of Adjustment.
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 a 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 Chapter 202 or of any land use or zoning ordinance of the City of Somers Point.
(4)
Conviction of a crime of the fourth degree or higher, a disorderly
persons' offense or a petty disorderly persons' offense.
(5)
Conduct of the business of itinerant vending or transient merchant
activities 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 City.
B.
Notice of revocation shall be communicated to the licensee in person
or mailed, postage prepaid, to the licensee's address as given
by the licensee in making the application; 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 City.
C.
If a hearing is requested in writing by a licensee, the licensee
must request the hearing, in writing, within five business days following
the date of notice of license revocation, and addressed to the Somers
Point Chief of Police. Failure to submit the request for hearing within
the prescribed time shall be deemed a waiver of the right to such
a hearing.
D.
It properly requested, the licensee shall be provided with a notice
of the hearing to be held before the Chief of Police or his designee.
The notice shall be in writing, setting forth the grounds of the revocation
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 business days prior to the date set for the hearing, and shall
be sent not more than 10 business days after receipt by the Chief
of Police or his designee of the licensee's written request for
a hearing.
The right to appeal from an adverse decision of the Chief of Police shall proceed in the same manner as set forth in § 202-21 of this chapter.
A.
Nothing in this article shall apply to or require the obtaining of
a license by any charitable or religious society that shall conduct
sales of personal property when the proceeds thereof shall be applied
to the payment of the expenses thereof and to the charitable or religious
object for which the society exists; and nothing within this subsection
shall apply to or require the obtaining of a license by any art, antique
or historical society that shall conduct an exhibition and sale of
art objects, pictures, paintings, prints, historical articles and
furniture generally known and designated as "antiques" and kindred
objects; and nothing within this subsection shall apply to or require
the obtaining of a license by any agricultural show, fair or garden
society selling or closing out certain of their exhibits, if such
society was an incorporated association not for pecuniary profit incorporated
within the State of New Jersey prior to March 26, 1935, or, if incorporated
thereafter, shall have a bona fide membership of at least 100 persons.
B.
Notwithstanding anything elsewhere contained in this chapter:
(1)
A transient merchant or itinerant vendor who fails to comply with
the requirements of this article or any part thereof, or makes a false
or fraudulent representation in any statement required by this subsection
to be filed by such person, or falsely represents by advertising or
otherwise that such personal property or merchandise is in whole or
in part damaged goods saved from fire, or makes any false statement
as to the previous history or character of such personal property
or merchandise, shall be subject to a fine of not less than $25 nor
more than $200, or may be committed for a period not exceeding 90
days, or both.
(2)
A separate license shall be obtained for each branch, establishment
or separate place of business in which the occupation of a transient
merchant or itinerant vendor is carried on, and such license shall
be used only at the location indicated in the license.
(3)
The fee for each transient merchant or itinerant vendor license shall
be $1,030 and shall continue for not more than 180 days from the date
of issuance or the dates specified in the application, whichever is
less.
(4)
Each transient merchant or itinerant vendor who shall be approved
to receive a license shall receive from the City of Somers Point a
check in the amount of $30, which shall be mailed to the applicant
in due course following the return of the license to the Police Department
upon or prior to expiration. In the event the license is not returned
prior to or within two business days following expiration of the license,
the applicant shall forfeit any and all right to this refund.
(5)
The fee for issuance of a duplicate license to replace a lost license
or for an amended license shall be $25.
