As used in this article, the following terms shall have the meanings
indicated:
Persons, corporations or partnerships who or which engage in a merchandising
business in New Jersey with intent to close out or discontinue such business
within one year from the date of commencement, including those who or which,
for the purpose of counting on such business, hire, lease or occupy any building,
structure or railroad car for the exhibition and sale of such goods, wares
and merchandise, but nothing in this definition shall be construed to include
the sale of fruits, vegetables and farm products, such as meat, poultry, butter
and eggs, trees, shrubs, etc.
All itinerant vendors shall, before offering for sale any personal property,
make a declaration, under oath, to the Township Clerk in the Township in which
they propose to conduct such sale of the number of days they propose to engage
in such business, together with a specific statement as to the location of
such personal property by street and number and whether on the premises from
which it is to be sold or in warehouses or in storage.
All itinerant vendors, because of their fixed location, shall comply
with the Zoning Ordinance and development regulations of the Township of Hillsborough.[1]
[1]
Editor's Note: See Ch. 185, Land Use and Development.
All itinerant vendors shall, before offering for sale any personal property,
pay to the Township Clerk a sum of $750 and, upon payment of such sum, shall
be entitled to apply for and receive a license which shall continue in favor
of the person to whom it is issued for a period of 180 days from the date
of issue.
A.
All applications for such licenses shall be sworn to
and shall disclose the name and residence of the owner or person in whose
interest such business is conducted and shall further state the average quantity
and kind and the value of the personal property intended to be sold or exposed
for sale in the Township. It shall also give the names and post office addresses
of the persons from whom goods making up the stock were or are to be purchased,
and the Township Clerk, in arriving at the valuation, may require the submission
of bills or invoices of such personal property. A separate license shall be
obtained for each branch, establishment or separate place of business in which
the occupation of an itinerant vendor is carried on, and each license shall
authorize the licensee to carry on, pursue or conduct the business of a transient
merchant or itinerant vendor only at the location indicated thereby. The application
shall also contain the applicant's New Jersey State sales tax identification
number and proof that the applicant has complied with the minimum prepaid
provisions of said Sales Tax Law. Where said license involves the operation
of a motor vehicle, the following information must be supplied:
B.
Additionally, the applicant must also be fingerprinted
and cleared, and the prints shall be placed on file at police headquarters.
Before a license shall issue, the applicant shall execute and deliver
to the Township Clerk a good and sufficient bond with good and sufficient
surety, to be approved by the Township Clerk, equal in an amount to 25% of
the value of the personal property shown in the declarations and disclosures
required under the provisions herein, but in no event shall the bond be less
than $1,000. It shall remain in force for one year and shall be conditioned
to indemnify and pay the Township any penalties or costs incurred in the enforcement
of any of the provisions of this article and to indemnify or reimburse any
purchaser of such personal property in a sum equal to at least the amount
of any payment such purchaser may have been induced to make through the misrepresentation
as to the kind, quality or value of the personal property, whether the misrepresentations
were made by the owners or their servants, agents or employees, either at
the time of making the sale or through any advertisement printed or circulated
with reference to such personal property or any part thereof.
Before a license shall issue, the applicant shall file with the Township
Clerk an instrument, in writing, nominating and appointing the Township Clerk
his true and lawful agent, with full power and authority to acknowledge service
of notice of process for or on behalf of the applicant in respect to any matters
connected with or arising out of the license and the bond given as required
by the provisions of N.J.S.A. 45:24-5 or for the performance of the conditions
of the bond or for any breach thereof. It shall also contain recitals to the
effect 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 as valid as
if personally served upon the applicant according to the laws of this or any
other state and waiving all claim or right of error by reason of such acknowledgment
of service or manner of service.
This Article II shall not apply to or require the obtaining of a license by any charitable or religious society that conducts sales of goods, wares, merchandise or bankrupt stock when the proceeds thereof are applied to the payment of expenses thereof and to the charitable or religious object for which such charitable or religious society exists.
The applicant shall maintain and produce proof of insurance coverage
in the minimum amount of $100,000 per person/$300,000 per occurrence for general
liability purposes, including products liability, and $50,000 for property
damage. The Township of Hillsborough shall be named as an additional insured
on all such insurance policies. The insurance coverage shall not be terminated
or canceled prior to the expiration date thereof unless 30 days' advance written
notice is provided to the Township.
Notwithstanding anything contained herein to the contrary, no more than
two licensees under this article can operate at any given location at the
same time.
Any itinerant vendor who fails to comply with the requirements of this Article II or any part hereof or who makes a false or fraudulent representation in any statement required by this article to be filed by him or falsely represents by advertising or otherwise that such personal property is in whole or in part damaged goods saved from fire or makes any false statement as to the previous history or character of such personal property shall be subject to a fine of not less than $25 and no more than $200 or may be committed to jail to a period not to exceed 90 days, or both.
