[HISTORY: Adopted by the Mayor and Council
of the Borough of North Arlington 9-4-1934 by Ord. No. 504 (Ch.
127 of the 1984 Code). Amendments noted where applicable.]
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:
A.
Any person honorably discharged from the military,
naval or marine forces of the United States.
B.
Any blind person who is a resident of this municipality.
C.
Any person who conducts a sale pursuant to statute
or court order.
D.
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.).
A.
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.
(1)
Name of the applicant.
(2)
Permanent home residence.
(3)
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.
(4)
Three business references.
(5)
The place or places of residence of the applicant
for the three preceding years.
(6)
The length of time for which the license is desired.
(7)
A description of the wares to be offered for sale.
(8)
The number of arrests or convictions for misdemeanors
or crimes and the nature of the offenses for which arrested or convicted.
B.
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.
A.
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.
B.
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.
C.
All licenses provided for in this chapter shall expire
on the 31st day of December of each year in which issued.
A.
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.
B.
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.
C.
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.
[Added 12-18-1973 by Ord. No. 1021;
amended 2-9-2006 by Ord. No. 1953]
License fees shall be as follows:
A.
Auctioneers: $35 annually.
B.
Distribution of handbills, circulars and all other
advertising matter: $1 per day.
C.
Fireworks, retail establishment: $5.
D.
Grinders of knives, scissors and saw filers: $2.
E.
Ice factories or manufacturing plants selling wholesale
only, for each plant or factory: $50.
F.
Pony tracks: $5.
G.
Restaurants, lunch wagons and lunch counters, except
those possessing liquor licenses, each: $50.
H.
Wagons or vehicles used exclusively for advertising
purposes, each: $10.
I.
Junkyards, wreckers or sale of used car parts: $50.
J.
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.
[Amended 10-16-1984 by Ord. No. 1307]
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.
