[HISTORY: Adopted by the Board of Commissioners (now Town Council) of the Town of Phillipsburg 5-22-1935 by Ord. No. 553 (Ch. 35, Art. I of the 1969 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 165.
Body art, tattooing and body piercing establishments — See Ch. 184.
Carnivals — See Ch. 213.
Demonstrations and special events — See Ch. 248.
Entertainment licenses — See Ch. 282.
Retail food establishments — See Ch. 324.
Massage establishments — See Ch. 375.
Sales — See Ch. 470.
Solicitors and canvassers — See Ch. 524.
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER
A person commonly referred to as a "peddler" or "hawker," who goes from place to place, or from house to house, and carries with him goods, wares and merchandise for the purpose of selling and delivering them to the consumers.
PERSON
An individual, firm, partnership, corporation, voluntary association, incorporated associations, and principal and agent thereof.
SOLICITOR
A person selling goods by sample or taking orders for future delivery with or without accepting an advance payment for the goods.
TRANSIENT MERCHANT
A person commonly referred to as an "itinerant vendor" who carries his goods and wares with him and whose purpose is to close out or discontinue such business within a period of one year from the date of commencement, and who occupies a room, tent, lot or other premises, for the purpose of selling goods, wares and merchandise.
The purpose of this chapter is to prevent the public from being victims of unfair competitions and dishonest business practices of the several classes of persons described herein, and to protect the citizens of the Town of Phillipsburg from fraud, crimes, trespassers, misrepresentations, cheats and deceits, from transients and irresponsible persons, and, for the preservation of public health and safety by imposition of license fees herein provided, to raise revenues for the Town of Phillipsburg.
It shall be unlawful for any person or persons to drive or use any hack, car, omnibus or taxicab or other vehicle for the transportation of passengers, baggage, merchandise, wares, goods, or chattels of any kind, or to carry on and continue the business of cartmen, expressmen, baggagemen, auctioneers, common crier, junk shop keepers, junk dealers, itinerant or transient vendor of merchandise, coal, ice cream, foodstuffs, milk, medicine or remedies, traveling shoe repair shops, itinerant magazine solicitors, or subscription agent, circuses, plays, public dances, exhibitions, theatrical performances, or street parades in connection therewith, theaters, showhouse, opera house, concert halls, dance halls, pool or billiard parlors, exhibition grounds or other public amusement, or to erect or maintain any sign projecting beyond the building line into or over any public street or highway, or to conduct any street stands for the sale or distribution of merchandise or other articles within the Town of Phillipsburg, without having first obtained a license from the Town Clerk so to do or as hereinafter provided without having first registered with the Town Clerk and Police Department of the Town of Phillipsburg, and obtained a permit therefor.
[Amended 12-28-1955 by Ord. No. 758]
The Town Clerk is hereby authorized to issue any such license upon the payment by the applicant of the proper fee therefor, as hereinafter provided.
Every such license shall remain in force and be valid only for the time therein expressed, and shall apply only to the person or persons to whom granted, or to the vehicle for which granted, and shall not be transferable. All yearly licenses shall run from January 1 of the year in which the license is issued, and all licenses for the period of six months shall run for the period of six months from the first day of January or the first day of July, next preceding the granting of the license. All monthly licenses shall run from the first day of the month in which license is issued. The full fee for the time opposite the classification of § 207-10 of this chapter shall be paid for each license granted to any person or persons or vehicle under that classification, and no prorate reduction in the fee shall be made nor shall a refund be made because of cessation of business after such license shall have been issued.
Any person to whom such license is issued as hereinafter provided is hereby required to exhibit such license whenever called upon so to do.
All persons to whom such license is granted as hereinafter provided shall comply with police rules and regulations, and shall comply with all state laws and Town ordinances; and if the licensee shall be found guilty of the violation of any state law or Town ordinance, the license granted may be revoked by the Mayor of the Town of Phillipsburg; and notice thereof in writing, signed by the Mayor and served upon the licensee, shall be considered a revocation of the license.
The neglect or refusal of any licensee to conform to the rules and regulations of the Bureau of Health of the Town of Phillipsburg shall deny such person the right to a license or, if a license has already been granted and issued to such person, shall be deemed good grounds for revocation of the license, and said license may be revoked by the Mayor of the Town of Phillipsburg by serving notice in writing thereof, setting forth the cause, upon the license.
[Amended 12-21-1955 by Ord. No. 758; 6-19-1969 by Ord. No. 998; 9-11-1979 by Ord. No. O-79-26; 4-6-1982 by Ord. No. O:82-10; 12-20-1983 by Ord. No. O:83-30; 1-17-1986 by Ord. No. O:85-28]
Type
Per Day
Per Week
Per Year
Amusements
Circuses, Wild West shows and carnivals
$150
Auctioneer
$25
$50
Billiard tables (pool and combination)
$25
Bowling alleys, per alley
8 or fewer
$25
9 or more
$10
Circulars, passing door to door
$5
$50
Hucksters, hawkers, vendors or peddlers selling in the streets from a vehicle of any kind fish, vegetables, fruits or other farm produce (except of their own raising); and meat, bread, milk, ice cream, Italian ice or other food supplies, for each vehicle
$50+
Food handling
$25+
Salesman
$5
Total:
$80
NOTE: Veterans holding a state license for vending shall be exempt from the salesman fee of $5.
Individuals not having a regular established place of business and selling flowers, plants, Christmas trees, evergreens, etc., at retail for holiday decorations (Christmas, Easter, Memorial Day and Thanksgiving)
$25 per month
NOTE: No individual shall sell flowers, plants, Christmas trees, evergreens, etc., on Route 22 (known as "Memorial Parkway") or on Roseberry Street in the Town of Phillipsburg.
Itinerant hawker, vendor or peddler, except as herein specially provided, selling souvenirs, novelties, balloons, miscellaneous merchandise, amusements, etc., on holidays, parade days and circus days, in the streets
$50
Junk collectors
$100
Loudspeaker
$25
Machines (fees are per machine):
Coin-operated:
Adult movie video machines
$50
Jukebox
$50
Pinball
$50
Bagatelle
$50
Bowling
$50
Shuffleboard
$50
Video
$50
Non-coin-operated:
Shuffleboard
$50
NOTE: All such machine license fees shall be paid on or before March 1 of each year. Failure to make payment by that date will require payment of a fee of $100 in order to obtain said machine license.
[Amended 7-1-1986 by Ord. No. O:86-24; 5-3-1994 by Ord. No. O:94-18]
The following organizations are exempt from obtaining a license: veteran organizations, schools, firehouse and emergency squads, churches and service clubs, such as Elks, K-CEE, Rotary and Exchange Club.
Vendors of fresh, cut or artificial flowers without a place of business
$50
NOTE: No vendor shall sell flowers on Route 22 (known as "Memorial Parkway") or on Roseberry Street in the Town of Phillipsburg.
Peddlers: no door-to-door selling permitted; no selling on Route 22 (known as "Memorial Parkway") or on Roseberry Street in the Town of Phillipsburg; traveling or transient peddlers must be licensed
$50
$100
$200
Photographers, each person[1]
$10
$25
$100
[1]
Editor's Note: The fee for sanitary waste scavengers, which previously followed this fee, was repealed 12-1-1992 by Ord. No. O:92-24.
Pursuant to N.J.S.A. 40:52-1.2, as a condition of issuance or renewal of a license, all delinquent property taxes or assessments on the property must be paid. The license shall be revoked or suspended if property taxes are not paid for three consecutive quarters or more. The license shall be restored upon payment of taxes. The provisions of this section shall not apply to or included any alcoholic beverage license or permit issued pursuant to the New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No license shall be required from the following persons:
A. 
Any person selling fruit, vegetables or farm products of his own raising, provided that he shall have registered as hereinafter provided.
B. 
Any blind person who is a resident of this municipality, provided that he shall have obtained a permit from the Mayor of the Town of Phillipsburg.
C. 
Any person who conducts a sale pursuant to state or court order.
D. 
Any person who is a duly authorized agent, privileged under the laws of interstate commerce to take orders without payment or part payment for goods to be delivered in interstate commerce subsequent thereto and paid for through the usual office methods; provided, however, that such person shall register as hereinafter provided.
E. 
Any person duly authorized to be licensed by An Act to Authorize the Issuing of Licenses to Honorably Discharged Soldiers, Sailors, Marines for Hawking, Peddling and Vending of Merchandise Within the State, approved March 28, 1904, together with the amendments thereof and supplement thereto.[1]
[1]
Editor's Note: See N.J.S.A. 45:24-9 et seq.
A. 
For the purpose of protecting the public from becoming the victim of unfair competition and dishonest business practices and to protect the citizens of the Town of Phillipsburg from fraud, crime, trespass and misrepresentation, cheats and deceits and the preservation of public health and safety, any person described in § 207-12 of this chapter who shall desire to engage in any business in the Town of Phillipsburg for which a license is otherwise required shall, before engaging in said business in the Town of Phillipsburg, register with the Town Clerk and of Police Department as hereinafter provided and shall receive a permit without a fee.
B. 
Every person shall make an application in the form provided by the Town Clerk, setting forth his name; permanent house address; the name and address and business of the firm represented; the place or places of residence of the applicant for the preceding three years; the length of the time for which the permit is desired; a description of the goods to be offered for sale; if licensed under any state law, a record showing when the license was granted and a substantial copy thereof; a statement as to whether or not such person has ever been arrested or convicted of misdemeanors or crimes, and if so, the nature of such arrest and conviction; a letter from the firm for which the application is to be secured and for which the applicant claims to work, authorizing the applicant to act as its representative, agent or solicitor; and three photographs of approximately two inches, one of which shall be attached to said application, the other of which shall be affixed to the permit and the third to be affixed to a record to be filed with the Police Department of the Town of Phillipsburg. Such application shall be sworn to and may continue in addition to the matters and things set forth, such other information as the Business Administrator and the Mayor of the Town of Phillipsburg may require. If it appears in said application that the applicant is a person of good moral character, engaged in a lawful business or engaged in interstate commerce and is not required by the other provisions of this chapter or the laws of the State of New Jersey, in the United States of America, to take out a license for engaging in any businesses in the Town of Phillipsburg, the Town Clerk shall issue a permit for such period, not exceeding one year, as may be deemed proper by said Town Clerk, without the payment of any fee. Said permit shall contain a description of the person, together with one copy of the photograph, and shall be carried at all times by said applicant while engaged in said business in the Town of Phillipsburg and shall be shown to any citizen or police officer requiring the same. One copy of the application and one copy of the permit with the photograph attached shall be filed with the Police Department. Said permit may be renewed without further application during any calendar year; application for new permits shall be required in each year.
[Amended 5-12-1970 by Ord. No. 70-1009]
Whenever any vehicle is required to be licensed by this chapter, said vehicle shall, at all times, have the license displayed upon it during the licensed period.
No person licensed under this chapter shall call attention to his business or to his merchandise by crying out or by blowing a horn or ringing a bell or other loud, disturbing and unusual noises.
[Amended 6-5-1984 by Ord. No. O:84-18]
Each and every person failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in Chapter 1, General Provisions, Article II, General Penalty, and the Municipal Judge before whom any such person may be brought may impose such punishment by fine or imprisonment in the county jail as he may see fit, not exceeding the maximum herein.