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 2 of Chapter 24 of the Revised Ordinances of the City of Clifton, New Jersey, 1960. Amendments noted where applicable.]
GENERAL REFERENCES
Hawking and peddling — See Ch. 265.
Licensed businesses — See Ch. 303.
Milk and milk products — See Ch. 315.

§ 281-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ICE CREAM PRODUCTS
Includes ice cream, ice cream products, water ices or frozen water products.
PEDDLER
Includes a person commonly referred to either as a "peddler" or "hawker," who goes from place to place or from house to house by traveling on the streets and carries with him goods, wares and merchandise for the purpose of selling or delivering them to consumers; or any person who has wares and merchandise of any description sent from place to place or from house to house by traveling on the streets for the purpose of selling and delivering goods to consumers.
VEHICLE
Includes a wagon, pushcart, automobile, bicycle or other vehicle or receptacle in, on or from which ice cream products are carried or sold.

§ 281-2 Purpose; construal of provisions.

A. 
The purpose of this chapter is to raise revenue and to regulate and license the business of ice cream peddling.
B. 
Nothing in this chapter shall be construed as affecting or altering the terms and provisions of Chapter 265, Hawking and Peddling.

§ 281-3 License required.

It shall be unlawful for any peddler to sell, solicit, dispose of or to offer for sale ice cream products without first obtaining a license therefor pursuant to the provisions of this chapter.

§ 281-4 Exemption.

Any person holding a license issued pursuant to N.J.S.A. 45:24-9 shall be exempt from applying for or obtaining a license or from paying a license fee, as required by this chapter; provided, however, that such license holder shall be required to comply with all other provisions of this chapter.

§ 281-5 Vehicle license.

A vehicle license issued under this chapter shall entitle the person named therein to engage in the business of selling therefrom ice cream products for the term of one year, commencing on January 1 of the year of its issuance and ending on December 31 of said year. Such license shall not be assignable or transferable to any other person.

§ 281-6 Salesman's license.

A salesman's license issued under this chapter shall entitle the person named therein to sell ice cream products upon, in or from a vehicle licensed under this chapter for the term of one year commencing on January 1 of the year of its issuance and ending on December 31 of said year. Such salesman's license shall not be assignable or transferable to any other person.

§ 281-7 Application for vehicle license.

[Amended 11-14-1966 by Ord. No. 3730]
A. 
Any person desiring a license for a vehicle to be used for peddling ice cream products shall file with the City Clerk an original and two copies 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) 
Name and permanent address of the owner of the vehicle as the same is registered with the Director of Division of Motor Vehicles.
(8) 
Description of the vehicle, giving the name of the manufacturer, serial number, motor number and the name of the person and any other insignia appearing thereof.
(9) 
Date of purchase of the vehicle and the name and address of the person from whom acquired.
(10) 
If the applicant is not the owner of the vehicle, the interest of the applicant in the vehicle shall be stated.
(11) 
If any person other than the applicant has any interest whatsoever in the vehicle, the name, address and interest of each such person shall be stated.
(12) 
The names and addresses of salesmen who shall be upon said vehicle.
(13) 
Names and addresses of persons from whom ice cream products are to be purchased for the purpose of reselling in the applicant's business.

§ 281-8 Application for salesman's license.

[Amended 11-14-1966 by Ord. No. 3730]
A. 
Any person desiring a license as a salesman to sell upon or from any vehicle licensed under this chapter shall file with the City Clerk an original and two copies 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) 
The applicant's residence address and date and place of birth.
(3) 
Whether the applicant has ever been arrested or convicted of a crime, and, if so, the date of arrest, the crime or charge involved and the disposition thereof.
C. 
The application shall be accompanied by the license fee prescribed in § 281-9 and by a food-handler's permit obtained from the Health Department, which permit shall be deemed evidence of the applicant's health, cleanliness and suitability for handling food products.

§ 281-9 License fees.

[Amended 1-2-2008 by Ord. No. 6711-08]
A. 
The fee for a vehicle license shall be $125 per annum for each wagon, pushcart, automobile, bicycle or other vehicle or receptacle in, upon or from which the ice cream products are carried or sold.
B. 
The fee prescribed in Subsection A of this section shall entitle the licensee of the vehicle to one salesman's license without charge. The fee for each additional salesman's license shall be $25 per annum.
C. 
The fee for any license prescribed under this section shall not be prorated.

§ 281-10 Processing of applications.

[Amended 11-14-1966 by Ord. No. 3730]
A. 
Upon receipt of such application, the City Clerk shall submit the same to the Police Department and Health Department for reports with reference to the compliance or noncompliance of the application with municipal and state rules, regulations, statutes and ordinances and the truth of the matters contained in the application. Prior to making such determination, the Police Department shall photograph and fingerprint the applicant and cause such fingerprints to be sent to the State Bureau of Identification.
B. 
Upon return of said application and reports, the City Clerk shall submit the same to the Municipal Council for its consent and approval, which consent and approval may be overruled if the Municipal Council determines that the applicant for a vehicle license is not a bona fide owner of the vehicle sought to be licensed.
C. 
Upon the consent and approval of the Municipal Council, the City Clerk shall issue such license.

§ 281-11 Sticker, decal or other evidence to be displayed.

[Amended 9-6-1988 by Ord. No. 5292-88]
Upon the issuance of a vehicle or salesman's license, the City Clerk shall furnish the licensee with a sticker, decal or other evidence corresponding to the number of the license and the year in which issued. The sticker, decal or other evidence shall be displayed at all times on a conspicuous part of the licensed vehicle or carried upon the person of the salesman. The sticker, decal or other evidence shall be exhibited, on demand, to any citizen or member of the Police Department or Health Department.

§ 281-12 Misrepresentation of merchandise unlawful.

It shall be unlawful for any peddler of ice cream products to misrepresent the character or quality of the merchandise offered for sale.

§ 281-13 Annoying conduct unlawful.

It shall be unlawful for any peddler of ice cream products to importune or otherwise annoy any person for the purpose of effecting a sale.

§ 281-14 Compliance with food laws required.

All ice cream products sold, disposed of or offered for sale shall comply with all laws and ordinances relating to food and food products.

§ 281-15 Sealed containers required.

All ice cream products shall be sold or offered for sale only in sealed containers. The filling of individual containers with ice cream products in or from any vehicle from the street, highway or other public place is hereby prohibited.

§ 281-16 Parking restricted.

It shall be unlawful for any peddler to park any vehicle within the lines of any public street, road or other public place in the City for a period longer than 15 minutes for the purpose of selling or offering for sale ice cream products. The term "park" shall be given the meaning contained in N.J.S.A. 39:1-1.

§ 281-17 Suspension or revocation of license.

In addition to being subject to the penalties provided in § 281-19, any license issued under this chapter may be revoked by the Council for any misstatement in the application or for violation of any of the provisions of this chapter, upon notice and hearing. A license may be suspended for a period of not more than two weeks without such notice and hearing. Upon the revocation of any license, no part of the license fee shall be returned.

§ 281-18 Enforcement.

In addition to the other law enforcing agencies of the City, the Health Department is empowered to make complaints and arrests for the violation of any of the terms of this chapter.

§ 281-19 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 30 days. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.