As used in this chapter, the following terms
shall have the meanings indicated:
PERSON
An individual, firm, partnership, corporation, voluntary
association, incorporated association and principal and/or agent thereof.
[Amended 12-29-1987 by Ord. No. 1416]
The purpose of this chapter is to prevent unfair
competition and dishonest business practices by the regulation and
conduct of the same.
[Amended 10-8-1996 by Ord. No. 1675]
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.
[Amended 12-18-1973 by Ord. No. 1021; 4-21-1981 by Ord. No.
1217; 5-12-1992 by Ord. No. 1557]
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.
[Amended 12-29-1987 by Ord. No. 1416]
Said application shall set forth:
A. The name of the applicant.
B. The business address at which it is proposed to conduct
such business.
C. The kind or type of business in which applicant was
engaged for the preceding five years.
D. Three business references.
E. Permanent home residence and, if a corporation, the
permanent home address of its officers.
[Amended 12-29-1987 by Ord. No. 1416]
A. 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.
B. 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.
[Amended 10-16-84 by Ord. No. 1307]
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.