[HISTORY: Adopted by the City Council of
the City of Garfield 12-22-1992 by Ord. No. 2104 (Ch. 163, Art. IA, of
the 1979 Code). Amendments noted where applicable.]
It shall be unlawful for a transient merchant,
as defined herein, to engage in the business of selling Christmas
trees and related items within the City of Garfield without first
obtaining a license therefor in compliance with the provisions of
this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
An evergreen tree or bush intended to be decorated with ornaments
and displayed during the Christmas season.
Items such as wreaths, grave blankets, garland, mistletoe
and other nature and type of decorations intended to be used and/or
displayed at and during the Christmas season, including items not
made of vegetable matter, such as bows, Christmas lights, balls and
other nonvegetative decorations.
Any person, partnership, firm, corporation or other entity,
whether as owner, agent, cosignee or employee, who engages in a temporary
business of selling, exhibiting for sale or holding out for sale and
who in furtherance of such purpose hires, leases, uses or occupies
any building, structure, motor vehicle, tent, railroad car, street,
lot parking area or other place within the City for the exhibition
and sale of goods, wares and merchandise, either privately or at public
auction, where such merchant engages in merchandising with the intent
to close out or discontinue business within one year or less from
the date of commencement.
Applicants for a license under this chapter,
shall file a sworn, written statement signed by the applicant, if
an individual, by all partners of a partnership and by the President
and Secretary if a corporation, with the City Clerk on a form prescribed
by the Clerk showing:
A.
The name or names of all persons applying and conducting
the business. The address of such persons, including their permanent
address. The telephone number or numbers for a day or evening communication
with the applicant. If a corporation, the state of incorporation and
proof that the corporate charter is active and has not been revoked.
B.
The fingerprints and social security number of all
persons conducting the business or, in lieu thereof, proof that the
applicant has held a valid transient merchant's license issued by
a municipality in the State of New Jersey within a year of the date
of the application, and that such license has not been revoked or
suspended.
C.
The location by street address, lot, block and zoning
district or portions thereof, and a scale drawing where the proposed
business of the applicant will be conducted.
D.
The number of days, not to exceed 75 and hours in
each when the proposed business will be conducted.
E.
The place or places, including the permanent place
of business of the applicant, if any, where the applicant within six
months next preceding the date of the application, has conducted a
business or transient business, stating the nature thereof and providing
a street address of the building, office, lot or other place in which
or on which such business was conducted.
F.
The name and address of the owner of the property
where the business is proposed to be located, and a copy of the written
lease or permission of such owner.
G.
A brief statement of the nature and character of the
advertising done or proposed in order to attract customers, a description
of the vehicles, carts, stands or other temporary or transient means
of displaying, marketing or merchandising devices intended to be utilized.
H.
A statement that the person or persons conducting
the business has not been convicted of a crime and, if so, the date
and nature of such offense and punishment assessed or served.
I.
Such other reasonable information as to the identity
and character of the applicant or person or persons having management
and/or supervision of the business or method or plan of doing business
as the City Clerk may deem appropriate to fulfill the purpose of this
chapter in protecting the public.
A.
Upon receipt of an application, the City Clerk will
cause to be conducted a brief inquiry by the Police Department, Zoning
Officer and any other department or agency of the City of Garfield
or State of New Jersey to verify the information contained in the
application. Such inquiry shall be designed to include the reputation,
business responsibility, reliability, criminal background and motor
vehicle license abstracts of the applicant and all persons having
management or supervision. It shall further include an inquiry or
investigation of the proposed location and items proposed to be sold
or held out for sale.
B.
The City Clerk may deny an application where the investigation
or inquiry demonstrates that:
[Amended 12-22-1992 by Ord. No. 2105; 11-22-2022 by Ord. No.
2965; 12-29-2022 by Ord. No. 2970]
(1)
The information set forth in the application is fraudulent
or misleading;
(2)
The applicant or any person conducting the business
has been convicted of a crime or disorderly person offense which has
not been expunged pursuant to N.J.S.A. 2C:52-1 et seq., or pardoned
and which offense relates adversely to the business for which the
license is sought; in this regard the City Clerk shall be guided by
N.J.S.A. 2A:168A-2;
(3)
The proposed location is not a proper area and will
cause obstruction of the public right-of-way or sidewalks or create
a neighborhood disturbance;
(4)
The real estate property taxes or assessments for
the proposed location are delinquent for more than six months;
(5)
The roadways adjacent to the location, its ingress
and egress are inadequately designed for safe traffic or pedestrian
circulation;
(6)
The proposed hours of business or nature of the business
will coincide or overlap other business or activities currently permitted
at the location; or
(7)
The proposed means of advertising, marketing, display
or exhibition is contrary to the zoning or building codes, or other
ordinances of the City of Garfield.
The City Clerk shall keep a full record of all
licenses issued. Such license shall contain the license number, the
date the same was issued, the license fee paid, the expiration date
of the license, the place where the business may be conducted and
the name, addresses and telephone numbers of the person or persons
authorized to carry on such business. A copy of this information shall
be placed upon the license issued and must be displayed by the operator.
Before any license shall be issued, the applicant
shall file with the City Clerk an instrument nominating and appointing
the City Clerk his or their true and lawful agent with full power
and authority to acknowledge service or notice of process for and
on behalf of the applicant in respect to any matters connected with
or arising out of the business transacted under the license issued.
It shall also recite that the applicant consents and agrees that service
of any notice or process may be made upon such agent and when so made
shall be valid as if personally served upon the applicant according
to the laws of the State of New Jersey or any other state, and waiving
all claim or right of error by reason of such acknowledgment of service
or manner of service. Immediately upon service of process as provided
herein the City Clerk shall send to the licensee at his last known
address, by certified mail, a copy of said process.
The license issued shall be posted conspicuously
in the place of business or location named herein.
[Amended 11-22-2022 by Ord. No. 2965; 12-29-2022 by Ord. No. 2970]
Licensees shall pay the City an annual fee of
$100.
No license shall be transferred without the
written consent of the City Manager as evidenced by a written endorsement
on the face of the license showing to whom the license is transferred
and the date of such approval.
[Amended 12-29-2022 by Ord. No. 2970]
A.
Each licensee shall maintain the license area in compliance with
this chapter and in a manner so as not to interfere with the operations
of police, the Fire Department and EMS or with pedestrian and vehicular
traffic; and
B.
Upon completion of the license term, each licensee shall restore
the licensed area to the original condition and clean the licensed
area to be free of all debris, trash and litter.
The City Clerk shall deposit with the Police
Department a duplicate copy of the license issued. The Police Department
shall report to the City Clerk and City Manager any complaints against
any person licensed under this chapter and any conviction for violation.
The City Clerk shall keep a record of all such licenses, complaints,
violations and convictions.
A.
this chapter shall have limited application to any
charitable or religious society, local volunteer fire company or ambulance
corps when the proceeds of the sale of personal property shall be
applied to the payment of the expenses thereof and to the charitable
or religious object for which the society or entity exists and likewise
for any art or historical society which proposes to exhibit and sell
art objects, pictures, paintings, prints, historical articles or designated
antiques, and to any agricultural show, fair or garden society.
B.
Each such organization shall comply with all of the
provisions of this chapter except:
C.
The City Clerk may after examination approve such
a license but shall impose conditions limiting the days when such
business may be conducted to no more than 75.
[Amended 12-22-1992 by Ord. No. 2105]
[Amended 4-25-2006 by Ord. No. 2457]
Any person violating any of the provisions of
this chapter shall be punishable, upon conviction thereof, by one
or more of the following: a fine not exceeding $2,000; imprisonment
for a term not exceeding 90 days; and/or a period of community service
not exceeding 90 days.
