[HISTORY: Adopted by the Township Committee of the Township of Hillsborough 7-3-1950 (Ch. 111 of the 1977 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Includes any place in which two or more sellers, other than farmers selling produce grown by themselves, assemble or gather for a public sale.
- Includes individuals, firms, corporations, partnerships and all principals, as well as their agents, servants and employees, and includes the plural as well as the singular.
No person shall conduct a market within the boundaries of the Township of Hillsborough without first having obtained a license therefor.
Licenses under this chapter shall be granted by the Township Committee, but no license shall be issued unless an application therefor has first been filed with the Township Clerk and the license fee has been paid at the time of submission of such application. Such application shall be under the oath of and over the signature of the person desiring to establish such market and shall include or be accompanied by the following information or documents:
The true name, business address and residence of the applicant, together with his places of residence and business for a period of five years previous to the date of such application.
The qualifications of the applicant and his previous experience in conducting markets, and the places thereof.
A full description of the property wherein such market is sought to be established and the ownership thereof and, in case such property is not owned by the applicant, a true copy of the lease under which the applicant occupies the same.
Detailed plans of the building in which such market is to be maintained, and a statement in full of all things required to be done under this chapter or plans for compliance therewith.
A statement by the applicant of his intention and agreement to comply with this chapter as well as with all other ordinances and regulations of the Township in the event that a license shall be granted.
Such additional information as the Township Committee may deem necessary in order to properly make a decision on the application.
The Township Committee may require that all work which may be necessary to comply with this chapter and the regulations hereunder before a license is issued be completed before such license is granted.
Nothing contained in this chapter or in any other ordinance of the Township of Hillsborough shall be construed to limit the power of the Township Committee, in the administration of this chapter, to reject an application for license when, in its judgment, the proposed location, the building involved or other matters shall be detrimental to persons or property or to the preservation of public health and safety.
The annual license fee shall be $400, payable upon the filing of an application. Such fee shall be returned to the applicant, however, in the event of denial of the application, after deduction therefrom of 10% thereof to cover the cost of the investigation of the application.
[Amended 1-14-1964 by Ord. No. 64-1]
Licenses shall be granted for the calendar year only, with no deduction for use of such license for a part of such calendar year.
In any market, there shall be maintained booths, stalls, tables, vehicles or other apparatus where goods or merchandise are auctioned. Each such booth, stall, table, vehicle or other apparatus shall bear a number which shall correspond to a like number entered in a daily register to be maintained by the licensee. Such register shall be so maintained that the person who auctions goods or merchandise at each booth, stall, table, vehicle or other apparatus may at all times be readily identified by reference to such register, which shall contain his residence, telephone number (if any) and other information leading toward such identification. Such register shall be open to inspection by all Township officials at any time. At the expiration of each license or should the operation of any market be abandoned before the license therefor shall have expired, such register shall be deposited with the Chief of Police of the Township of Hillsborough or with the person acting in such capacity.
Each market shall contain an enclosed building, constructed in accordance with Township regulations and requirements, of sufficient space to accommodate at least 2/3 of the total number of booths, stalls, tables, vehicles and other apparatus at which auction in such market is held. No market shall be maintained where more than 1/3 of the total number of booths, stalls, tables or other apparatus are located outside such building.
For each booth, stall, table, vehicle or other apparatus at which auction is held within a building, there shall be a minimum of 125 square feet of roof coverage and floor space.
Each market building shall be provided with a hard surface underfoot, with a minimum of two inches of gravel or equivalent, such surface to be maintained in a safe, dry and sanitary condition.
In connection with each market, there shall be maintained a free parking space for vehicles, which, in area, shall comprise a minimum of 10 times the area covered by the market building or buildings. Said space shall be hard surfaced in such a manner as to afford parking for vehicles attending such market at all times and in all weather, with a minimum of five inches of slag or other porous material topped off with a minimum of one inch of shale, gravel or stone.
All premises wherein a market is established shall be open to inspection by Township authorities at all times.
At all times when a sale is being conducted at any market, the licensee shall provide control of vehicular and other traffic by persons officially recognized and authorized by the Township Committee for that purpose.
No person selling any goods, merchandise or other article at a market, whether by auction or otherwise, shall make any false, fraudulent or misleading representation with respect thereto, either orally, in writing or otherwise, as to the character, origin, condition or value of any article offered for sale.
No person conducting any sale at a market shall make any bid, offer or tender for any article put up for sale.
No auctioneer at any market shall accept any other bid than a bona fide bid.
All auctions at any market shall be so conducted as to dispose of the articles offered to the highest bidder.
No person shall sell at auction any jewelry between the hours of 10:30 p.m. and 8:00 a.m. of the following day.
The Township Committee shall have the right to revoke any license issued hereunder for violation of the provisions hereof, for falsification of application for license or for any other just cause. Revocation shall not, however, be exercised until public hearing has been given to the licensee. Such hearing shall be held only after at least five days' written notice thereof has been given to the licensee, either personally or by mail, directed to the business address shown on such licensee's application for license.
The provisions of this chapter as to application for license shall not apply to auctions or markets in existence at the time of the adoption hereof, but the person who maintains such market or auction shall, for the calendar year next succeeding such adoption, comply in all respects hereto. Such market or auction shall, however, during such interim, comply with the regulatory provisions hereof.
No alcoholic beverages shall be sold or distributed in connection with any market.
No person holding a license for the retail sale of alcoholic beverages shall lease his lands which are licensed for such sale, nor his lands contiguous to such licensed lands, for use as a market or auction.
No lands contiguous to those whereon alcoholic beverages are sold at retail shall be used as the site of a market or auction.
This chapter shall not apply to sales conducted by executors, administrators, receivers, trustees in bankruptcy or other public officers acting under judicial process, nor to such persons disposing of their real or personal property, provided such property was not acquired for resale.
Licenses issued hereunder shall not be transferred to any other person or place without previous application having been made therefor to the Township Committee. Such a transfer shall be subject to all requirements of this chapter with respect to the granting thereof.
The Township Committee shall have the power to adopt, by resolution, detailed regulations concerning application for license, hearings on revocations, maintenance for purposes of sanitation, inspection, traffic control and any other purpose not inconsistent with this chapter. Such regulations so adopted shall be filed with the Township Clerk and copies thereof shall be made available to all persons applying for license as well as to all persons to whom a license is granted.
This chapter is adopted for revenue purposes as well as for the protection of persons and property and for the preservation of the public health, safety and property of the Township of Hillsborough and its inhabitants.