[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.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes ice cream, ice cream products, water ices or frozen
water products.
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.
Includes a wagon, pushcart, automobile, bicycle or other
vehicle or receptacle in, on or from which ice cream products are
carried or sold.
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.
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.
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.
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.
[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.
[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:
[Amended 1-2-2008 by Ord. No. 6711-08]
A.
The fee for a vehicle license shall be $150 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.
[Amended 4-18-2023 by Ord. No. 7813-23]
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.
[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.
[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.
It shall be unlawful for any peddler of ice
cream products to misrepresent the character or quality of the merchandise
offered for sale.
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.
All ice cream products sold, disposed of or
offered for sale shall comply with all laws and ordinances relating
to food and food products.
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.
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.
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.
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.
[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.
