§ 217-2License required.
§ 217-4Application for license.
§ 217-5Approval, issuance, transferability and expiration of license.
§ 217-6Record of licenses to be kept; monthly reports.
§ 217-7Possession of license; display.
§ 217-8Display of metal plate and button by peddlers.
§ 217-9License fees.
§ 217-10Revocation of license.
§ 217-11Violations and penalties.
The purpose of this chapter is to prevent unfair competition and dishonest business practices, by the regulation of the conduct of the persons receiving a license hereunder and by the imposition of license fees for revenue upon all persons hereinafter designated and required to pay such fees.
It shall be unlawful for any person, firm, corporation, association and principal or agent thereof to perform any act included within the provisions of this chapter without first obtaining a license as herein provided for and paying the license fee prescribed therefor, when such license fee is required.
The requirements of this chapter shall be held not to include the following persons who are expressly exempt from its application so far as any fee is required, but shall in all other respects abide by the provisions of this chapter as a matter of regulation:
Any person honorably discharged from the military, naval or marine forces of the United States.
Any blind person who is a resident of this municipality.
Any person who conducts a sale pursuant to statute or court order.
Any person who is an exempt member of a fire department as defined by New Jersey Public Laws 1911, Chapter 133 (N.J.S.A. 45:24-9 et seq.).
Any person desiring a license shall file with the Borough Clerk an application blank, separate blanks being provided for each of the classes of licenses. The blanks shall contain the following information for all license classes.
Name of the applicant.
Permanent home residence.
Name and address of the firm represented and the names and addresses of the persons from whom goods making up the stock were or are to be purchased.
Three business references.
The place or places of residence of the applicant for the three preceding years.
The length of time for which the license is desired.
A description of the wares to be offered for sale.
The number of arrests or convictions for misdemeanors or crimes and the nature of the offenses for which arrested or convicted.
The application must have appended a letter from the firm for which the applicant purports to work, authorizing the applicant to act as its representative.
Following the filing of the application, the Chief of Police shall verify the information respecting the moral character of the applicant and shall signify his/her approval or rejection on the reverse side of the form, and the Borough Clerk shall verify the financial information, approving or rejecting the application on its reverse side. For the issuance of licenses to transient merchants and transient merchant-peddlers, the value of goods to be offered for sale may be verified by said officers through an appraisal made by a competent person designated by said officer. Upon verification of the application and payment of the prescribed fee, the license shall be issued therewith by the Borough Clerk.
For all license classes, the license issued shall not authorize any person 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. A separate license must be obtained by a licensed transient merchant for each branch or separate place of business in which his/her business is conducted; each license shall authorize the person to conduct business only at the location which is indicated therein.
All licenses provided for in this chapter shall expire on the 31st day of December of each year in which issued.
All licenses shall be issued on forms drawn in accordance with this chapter. They shall be printed in book form with corresponding stubs, and shall be consecutively numbered. The license shall contain suitable blank spaces for writing in the name, the class of license granted, the location of the business and the amount of the fee paid.
There shall be kept in the office of the Borough Clerk the necessary books for recording the time the application is received, showing its class, whether new or renewal, name of licensee, regular number of blank form, when the application was approved by the Chief of Police and the Borough Clerk, the amount of fee received therefor and the date when the license was issued.
The Borough Clerk shall file monthly a report with the Mayor and Council showing the number of licenses granted by classes and the amounts of fees received therefor. Each report shall state the number and class of licenses revoked and the reasons for such revocation. The monthly report shall be cumulative during the course of the year so that each report summarizes the action of all preceding months of the current year.
Every person holding a license under this chapter shall be required to carry the license with him/her at the business premises while engaged in the business licensed. The license must be produced at the request of any official of the Borough of North Arlington.
To every peddler granted a license, the Borough Clerk shall issue a metal plate bearing the words "Licensed Peddler, Borough of North Arlington," together with the number of the license and the year for which it is issued. All automobiles, wagons, carts or other vehicles used for peddling shall have affixed thereon the said metal plate. A transient merchant and a transient merchant-peddler must post a license certificate in a prominent place on their business premises. The vendors of all other classes shall be issued a license button which must be affixed to the lapel of their coat or garment while engaged in business.
License fees shall be as follows:
Auctioneers: $35 annually.
Distribution of handbills, circulars and all other advertising matter: $1 per day.
Fireworks, retail establishment: $5.
Grinders of knives, scissors and saw filers: $2.
Ice factories or manufacturing plants selling wholesale only, for each plant or factory: $50.
Pony tracks: $5.
Restaurants, lunch wagons and lunch counters, except those possessing liquor licenses, each: $50.
Wagons or vehicles used exclusively for advertising purposes, each: $10.
Junkyards, wreckers or sale of used car parts: $50.
Any business, factory or plant manufacturing, distributing or selling concrete blocks: $25.
A license may be revoked by the Mayor and Council by reason of the violation of the terms of the license or by the violation of any municipal ordinance or state or federal statute or falsification in applying for a license. Before the revocation, the licensed person may be granted a hearing by the Mayor and Council after five days' notice thereof and furnishing the said person with a written statement of the charges against him/her.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, Article I, General Penalty, in the discretion of the court. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.