[Adopted 7-9-1984 by Ord. No. A-12-84 as
Ch. 148, Art. IV, of the 1984 Code; amended in its entirety 12-13-2021 by Ord. No.
O-44-21]
As used in this article, the following terms shall have the
meanings indicated:
Includes persons, whether principal or agent, who engage
in a merchandising business in the City, with intent to close out
or discontinue such business within one year from the date of commencement,
including those who, for the purpose of carrying on such business,
hire, lease or occupy any building, structure or railroad car for
the exhibition and sale of goods, wares and merchandise. Nothing in
this definition shall be construed to apply to or affect the sale
of fruits, vegetables and farm products, such as meat, poultry, butter
and eggs.
A.Â
All persons seeking to do business as a transient merchant or itinerant
vendor, as the same is described in this article, shall apply to the
City Clerk for a license before the commencement of said business.
The application shall specify if any electrical wiring, motor or operation
mechanism is to be utilized and/or installed by said merchant or vendor.
The application shall include a map or sketch showing the ingress
and egress of traffic, if any, on the site, indicating the location
of off-street parking and indicating the impact on traffic in the
neighborhood. Attached to each application shall be a certification
from the following officers or departments of the City of Rahway:
(1)Â
Chief of Police, certifying that the proposed location will not create
a traffic hazard nor endanger the lives or safety of pedestrians using
the sidewalk in the immediate vicinity.
(2)Â
Zoning Officer, certifying that the proposed site is a permitted
use at the location requested.
(3)Â
Fire Chief, certifying that the site used does not constitute a fire
or safety hazard.
(4)Â
City Clerk, certifying that a bond has been posted in accordance
with N.J.S.A. 45:24-5.
(5)Â
State of New Jersey, Division of Taxation, a certificate of authority.
B.Â
All transient merchants or itinerant vendors shall, before offering
any goods, wares or merchandise for sale, pay to the City Clerk the
sum of $200. Upon payment of such amount and submission of an application
as set forth in this article, said vendor shall be entitled to apply
for and receive from the City Clerk a license. The license shall be
in effect in favor of the person to whom it is issued for a period
of 45 days from the date of issuance.
C.Â
The license granted shall be displayed by the licensee in a conspicuous
place on the site where the business is transacted. Failure to produce
the license to a police officer or other designated City official
shall be grounds for suspending business at the site until the license
is produced.
Before a license shall issue under this article, the applicant
for a license under this article shall comply with the provisions
of N.J.S.A. 45:24-4, 45:24-5 and 45:24-6.
The provisions of this article shall not apply to organizations
listed as exempt in N.J.S.A. 45:24-7, in addition to which is added
as an exempt organization any organization whose membership is composed
of veterans who have served the United States in any war.
Any transient merchant or itinerant vendor who fails to comply
with the requirements of this article or any part thereof or who makes
a false or fraudulent representation in any statement required by
this article to be filed by him or who falsely represents, by advertising
or otherwise, that such personal property is, in whole or in part,
damaged goods saved from fire or who makes any false statement as
to the previous history or character of such personal property shall,
upon conviction thereof, be punished by a fine of not more than $1,000
or by imprisonment for a term not exceeding 90 days, or both.
