Road stands — See Ch. 422.
§ 177-3License required.
§ 177-4License and renewal fee.
§ 177-5Classes of licenses.
§ 177-6Application information required.
§ 177-7Exclusiveness and nontransferability of license.
§ 177-8Separate license required for each location.
§ 177-9Display and production of license.
§ 177-10Revocation of license; hearing.
§ 177-11Violations and penalties.
As used in this chapter, the following terms shall have the meanings indicated:
- An individual, firm, partnership, corporation, voluntary association, incorporated association and principal and/or agent thereof.
The purpose of this chapter is to prevent unfair competition and dishonest business practices by the regulation and conduct of the same.
It shall be unlawful for any person as defined herein to engage in or carry on the business of selling at retail in the Borough of North Arlington cut flowers, trees, shrubs, vines, growing plants or flowers, without having first obtained from the Borough of North Arlington a license or permit pursuant to the provisions of this chapter.
The Borough Clerk, upon approval of the application by the Mayor and Council of the Borough of North Arlington and upon the payment of the license fee required hereunder, shall issue a license which shall remain in force and effect for a period of one year from January 1 of each year. Said licensee, upon the payment of the annual license fee of $50, shall be entitled to a renewal of said license.
There shall be established in the Borough of North Arlington three classes of florist license as follows:
Class I: license permitting the selling at retail in the Borough of North Arlington cut flowers, trees, shrubs, vines, growing flowers or plants or pottery containing plants or flowers. A Class I florist license shall not be issued to any establishment within 500 feet of an establishment already holding a license permitting the selling at retail in the Borough of North Arlington, cut flowers, trees, shrubs, vines, growing flowers or plants or pottery containing plants or flowers.
Class II: license permitting the selling at retail in the Borough of North Arlington cut flowers and/or planting in conjunction with another business use permitted by Chapter 205, Land Use and Development. A Class II license shall be limited to Ridge Road beginning with the north side of Wesley Place and the south side of Astor Place.
Said application shall set forth:
The name of the applicant.
The business address at which it is proposed to conduct such business.
The kind or type of business in which applicant was engaged for the preceding five years.
Three business references.
Permanent home residence and, if a corporation, the permanent home address of its officers.
The license issued shall not authorize any person or corporation, except the designated person named in said license, to engage in business thereunder. Said license shall not be transferable from the person to whom issued to any other person or if a change of ownership of more than 50% of the stock occurs.
It shall be unlawful for any person, as defined herein, to engage or carry on the business of selling, at wholesale or retail, in the Borough of North Arlington Christmas trees, trees, wreaths, plants, including artificial, or other seasonal decorations, unless the same is conducted in conjunction with the operation of a licensed florist in the Borough of North Arlington. The applicant shall maintain a permanent structure in the Borough.
A separate license must be obtained for each branch or separate place of business in which business is to be conducted, and each license shall authorize the persons to conduct business only at the location indicated therein.
Every person holding a license under this chapter shall be required to display such license at the business premises while engaged in the business licensed. Such person must produce the license at the request of any duly authorized official of the Borough of North Arlington.
Licenses may be revoked by the Mayor and Council of the Borough of North Arlington by reason of the violation of any of the terms of the license, falsification or misstatement of any of the facts contained in the application in applying for a license or violation of any municipal ordinance or state or federal statute. A licensed person shall be granted a hearing by the Mayor and Council upon request.
Any person required by this chapter to procure a license who violated the terms of or fails to comply with this chapter in securing such license or in conducting said business shall be subject to the penalties provided in Chapter 1, Article I, General Penalty. Any Municipal Judge before whom the proceedings shall be instituted for a violation of this chapter or any section thereof, or falsification of an application in applying for a license, may determine whether the penalty shall be a fine or imprisonment, and if by fine, the amount thereof, and if by imprisonment, the terms thereof within the limits above described.