[HISTORY: Adopted by the Mayor and Council of the Borough of River
Edge 12-31-1975 as § 5-5 of the 1975 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Licensing — See Ch. 268.
As used in this chapter, the following terms shall have the meanings
indicated:
A person who goes from place to place or from house to house, traveling
on the public streets by vehicle and carries with him ice cream, ice-cream
products, water ices or frozen confectionery products of any kind or character
for the purpose of selling or offering to sell them to customers from the
vehicle.
No person shall engage in the business of peddling ice cream, ice-cream
products, water ices or frozen confectionery products of any kind or character
from vehicles in the borough without first obtaining a license therefor.
Application shall be made to the Borough Clerk, in writing, on forms supplied by the borough for that purpose. In addition to the information required by § 268-2, the applicant shall furnish the following information:
A.
The name and address of the owner of the vehicle as registered
with the Motor Vehicle Department.
B.
The date of purchase of the vehicle and the name and
address of the person from whom acquired.
C.
If the applicant is not the owner, state what interest
he has in the ownership or operation of the vehicle.
D.
The interest, if any, in the vehicle sought to be licensed to engage in the business defined in § 250-1 of any person, other than the applicant, and the address of that person.
E.
Names and addresses of persons from whom ice cream, ice-cream
products, water ices or such frozen confectionery products have been or will
be purchased.
F.
Three (3) business references.
G.
All permanent home addresses of the applicant within
the last three (3) years.
H.
The name and address of the salesman or operator of the
vehicle.
A.
Anyone desiring a license as salesman upon or from any vehicle under this section shall apply, in writing, to the Borough Clerk on forms supplied by the borough and verified by the applicant. The application shall be accompanied by a fee as set forth pursuant to § 250-6 and a permit previously secured from the Board of Health for sale or distribution of milk or cream or products thereof, and two (2) photographs, not less than four by six (4 x 6) inches, of the applicant.
B.
The requirements concerning the Board of Health permit
shall not be deemed to apply to a corporation or partnership except that all
officers, employees and agents acting as salesmen for any licensed corporation
or firm shall obtain a Board of Health permit.
C.
If the Mayor and Council, after a hearing upon an application
by a holder of such a license, determines that the applicant is not a bona
fide owner of the vehicle sought to be licensed, such application may be denied.
Licenses issued pursuant to the provisions of this chapter shall be
good only for one (1) year in which issued and shall be effective from January
1 in each year. Any licensee applying for or obtaining a license after January
1 in any year shall pay the license fee for the full year.
A.
License fees shall be as set forth in the Borough Fee
Schedule, adopted by resolution of the Borough Council, on file in the office
of the Borough Clerk.
A.
A license for a vehicle shall entitle the person named
therein to engage in the business. The license shall not be transferable.
B.
A salesman's license shall entitle the person named thereon to sell or offer to sell such products mentioned in § 250-1, definition of "ice cream vendor," from a licensed vehicle and shall not be transferable to any other person.
C.
Upon the issuance of a license, the Borough Clerk shall
furnish the licensee with a plate, badge or other evidence corresponding to
the number of the license and the year in which it is issued. The plate, badge
or other evidence shall be displayed at all times in a conspicuous part of
the licensed vehicle or carried upon the person of the salesman, as the case
may be. Such evidence shall be exhibited on demand of any citizen or any member
of the Police Department or Board of Health.
No person engaged in the business of peddling ice cream, ice-cream products,
water ices or frozen confectionery products from vehicles shall:
A.
Misrepresent the character or the quality of the merchandise
offered for sale or to importune or otherwise annoy any person or persons
for the purpose of effecting a sale.
B.
Park any vehicle within the lines of any public street,
road or other public place for the purpose of engaging in such business for
a period longer than fifteen (15) minutes, and then only while making actual
sales. Vehicles shall be parked adjacent to the right-hand curbline in order
to ensure safety of customers. No vehicle used for conducting the business
aforesaid shall be parked within five hundred (500) feet of any school or
school property, when school is in progress.
C.
Deposit or leave any paper wrappings, refuse or other
materials upon any street or sidewalk or public place. Each vehicle used for
conducting such business shall be equipped with a metal waste container having
a self-closing lid into which paper wrappings, refuse or other materials shall
be deposited.
D.
Sound a bell or other similar device between the hours
of 8:00 p.m. and 9:00 a.m.
E.
All products which shall be sold or offered for sale
from such vehicle shall comply with all laws and local ordinances relating
to food and food products.
F.
All products shall be sold or offered for sale only in
sealed containers, and the filling of individual containers with ice cream,
ice-cream products, water ices or such frozen confectionery products in or
from any such vehicle from the street or highway or any other public place
is hereby prohibited.
In addition to the other law enforcement agencies of the borough, the
Health Officer, or his authorized agents, is hereby empowered to enforce the
provisions of this section and to make complaints and arrests for the violation
of any of the terms and provisions hereof.
In addition to being subject to the penalties provided in § 250-11, any license issued under provisions of this section may be revoked by the Borough Council for any misstatement in the application or for any violation of this section, after notice and hearing. A license may be suspended for a period not exceeding thirty (30) days. Should any license be revoked or suspended, no part of the license fee shall be returned.
[Amended 3-21-1988 by Ord. No.
955[1]]
Any person violating any of the provisions of this chapter shall, upon
conviction, be subject to a minimum penalty of one hundred dollars ($100.)
and a maximum penalty of one thousand dollars ($1,000.). Except as otherwise
provided, each and every day in which a violation of any provision of this
chapter exists shall constitute a separate violation.
