City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 6 of Chapter 10 of the Revised Ordinances of the City of Clifton, New Jersey, 1960. Amendments noted where applicable.]
GENERAL REFERENCES
Licensed businesses — See Ch. 303.

§ 241-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
FLORAL PRODUCTS
Any flowers, funeral sprays, wreaths, designs, corsages, potted plants except cuttings, bedding plants, trees, shrubs and vines, all of which are of natural growth.
RETAIL FLORIST
An established business carrying floral products as a part of its ordinary stock-in-trade and customarily offering such products for sale at retail from a building, store or department therein, or from any shop or greenhouse.

§ 241-2 Purpose.

The purpose of this chapter is to protect the public from dishonest and disreputable business practices in the sale of floral products.

§ 241-3 Construal of provisions.

Nothing contained in this chapter shall be construed to apply to transient merchants or itinerant vendors as defined in Chapter 429, Transient Merchants and Pawnbrokers; farmers selling vegetable and other products in a common or public market pursuant to the provisions of P.L. 1933, c. 77 (N.J.S.A. 40:52-4); or farmers or residents of the City growing and selling floral products on and from their own premises within the City.

§ 241-4 License required.

No person shall engage, either directly or indirectly, in the business of selling at retail any floral products without first obtaining a license from the Council, as hereinafter provided.

§ 241-5 License to be issued to retail florist business only.

No license shall be issued under this chapter to any person except one engaged in the retail florist business, or about to establish such a retail florist business.

§ 241-6 Application for license.

[Amended 11-14-1966 by Ord. No. 3728; 9-21-1976 by Ord. No. 4355-76]
A. 
Any person desiring a license under this chapter shall file with the City Clerk an original and one copy of an application, under oath, in writing, on a form furnished by the City Clerk.
B. 
The application shall set forth the following information:
(1) 
The applicant's name, business name and business address.
(2) 
Whether the applicant is an individual, a partnership, a corporation or another entity, and, if another entity, a full explanation and description thereof.
(3) 
If the applicant is an individual, the applicant's residence address and date and place of birth.
(4) 
If the applicant is a partnership, the full names, residence addresses, dates and places of birth of each partner.
(5) 
If the applicant is a corporation or other entity, in the case of a corporation, the full names, residence addresses, dates and places of birth of each major officer and each stockholder, the name and address of the registered agent and the address of the principal office (The term "stockholder," as used herein, means and includes any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation); in the case of another entity, the full names, residence addresses, dates and places of birth of each person owning or having any interest, either legal or equitable, aggregating in value 10% or more of the total capital of said entity, the name and address of the registered agent, if any, and the address of the principal office.
(6) 
Whether the applicant or any partners, officers or stockholders thereof have ever been arrested or convicted of a crime and, if so, the name of the person arrested or convicted, the date of arrest, the crime or charge involved and the disposition thereof. The term "officers," as used herein, means and includes the president, vice presidents, secretary and treasurer of a corporate applicant.
(7) 
The applicant's description of the character of the business and the applicant's intent as to the length of time the applicant intends to conduct this business venture.

§ 241-7 Investigation of applicant; issuance of license.

[Amended 11-14-1966 by Ord. No. 3728; 9-21-1976 by Ord. No. 4355-76]
A. 
Upon receipt of such application, the City Clerk shall submit the same to the Police Department, the Fire Public Safety Department and the Building Department for reports with reference to the truth of the matters contained in the application and any matters which may be deleterious to the health, safety and welfare of the citizens of the City of Clifton.
[Amended 7-2-1985 by Ord. No. 4988-85]
B. 
Upon return of said application and report, the City Clerk shall submit the same to the Municipal Council for its consent and approval.
C. 
Upon the consent and approval of the Municipal Council, the City Clerk shall issue such license.

§ 241-8 License fees.

[Amended 9-21-1976 by Ord. No. 4355-76; 5-20-1991 by Ord. No. 5495-91]
A. 
The license fee for each establishment or place of business of the applicant shall be as follows:
[Amended 1-5-2009 by Ord. No. 6788-09]
(1) 
For an initial license: $125.
(2) 
For a renewal of a license: $75 per year.
B. 
All applications shall be accompanied by the prescribed fee in cash or certified check made payable to the City. The above fees are not refundable.

§ 241-9 Term of license; renewals.

A. 
All licenses shall be valid for the year in which issued and shall expire on December 31 of such year.
B. 
Any person who shall fail to renew his license within 30 days following the expiration date shall forfeit his renewal privileges. He shall thereafter be required to make the same application and to follow the same procedure as an applicant for an initial license and shall pay the initial licensing fee.

§ 241-10 (Reserved) [1]

[1]
Editor's Note: Former § 241-10, Notice of intent to be published, was repealed 11-17-1986 by Ord. No. 5119-86.

§ 241-11 Nontransferability.

[Amended 9-21-1976 by Ord. No. 4355-76]
  No license shall be transferable.

§ 241-12 License to be displayed.

Every license shall be conspicuously displayed in the place of business conducted by the licensee.

§ 241-13 Revocation of license.

Any license may be revoked by the Council after due notice and hearing upon proof of the violation of any of the provisions of this chapter or the violation of any of the laws of the state relative to or referring to the conduct of the business licensed under this chapter.

§ 241-14 Violations and penalties.

[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both.