This chapter shall be known as the "Transient Merchant Licensing Ordinance"
of the Township of Lower.
It is hereby found and determined by the Township Council of the Township
of Lower that citizens of this Township are often subjected to improper sales
techniques by transient merchants who leave the Township before such purchasers
can take appropriate action to correct the damages resulting from such improper
sales techniques; that it is desirable that the Township take all reasonable
steps to protect residents from misleading sales techniques and monetary losses
that may result therefrom; that this chapter is designed to provide for the
licensing and regulation of transient merchants and to thereby protect citizens
of the Township. Therefore, it is the purpose and intent of this chapter to
protect the people of Lower Township from improper sales techniques by providing
for the licensing and regulation of transient merchants.
As used in this chapter, the following terms shall have the meanings
respectively ascribed to them in this section:
PERSON
Any individual, corporation, partnership, association or other entity.
TEMPORARY OR TRANSIENT BUSINESS
Any business conducted for the sale or offer for sale of goods, wares,
or merchandise, which is carried on in any building, structure, motor vehicle,
railroad car or real estate for a period of less than three months in each
year.
TRANSIENT MERCHANT
Any person, firm, corporation, partnership, or other entity which
engages in, does or transacts any temporary or transient business in the Township
of Lower, either in one locality or in traveling from place to place in the
Township, offering for sale or selling goods, wares, merchandise or services,
and includes those merchants who, for the purpose of carrying on such business,
hire, lease, use, or occupy any building, structure, motor vehicle, railroad
car, or real estate. "Transient merchant" includes any person who, as a private
enterprise, schedules, organizes or promotes any entertainments, concerts,
athletic events, contests or competitions or beauty pageants to be held on
a non-regular basis and which require the payment of a fee for entry or admission,
wherein such event is to take place within the confines of the Township of
Lower; provided, however, that no such person shall be classified as "transient
merchant" if he is sponsored by any bona fide civic, fraternal, educational
or religious organization having a local chapter in the Township of Lower.
Any transient merchant desiring to transact business within the confines
of the Township of Lower shall make application for and obtain a license therefor.
The application for license shall be filed with the Township Clerk, and shall
include the following information:
A. The name and permanent address of the transient merchant
making application, and if the applicant is a firm or corporation, the name
and business and home addresses of the members of the firm or the officers
of the corporation, as the case may be.
B. If the applicant is a corporation, there shall be stated
on the application form the date of incorporation, the state of incorporation
and, if the applicant is a corporation formed in a state other than the State
of New Jersey, the date on which such corporation qualified to transact business
as a foreign corporation in the State of New Jersey.
C. A statement showing the kind of business proposed to
be conducted, the length of time for which the applicant desires to transact
such business and the location or locations of such proposed place of business.
D. The name and permanent address of the transient merchant's
registered agent or office.
E. Proof that the applicant has acquired all other required
Township, county, and state permits and licenses.
Each application for a transient merchant license shall be accompanied
by a license fee of $250.
Each application for a transient merchant license shall be accompanied
by a cash bond or a surety bond issued by a corporate surety authorized to
do business in the State of New Jersey in the amount of $5,000. The surety
bond shall be in favor of the Township of Lower and shall assure the payment
by the applicant of all taxes that may be due from the applicant to the State
of New Jersey or any political subdivision of the state, the payment of any
fines that may be assessed against the applicant or its agents or employees
for violation of the provisions of this chapter, the satisfaction of all judgments
that may be rendered against the transient merchant or its agents or employees
in any cause of action commenced by any purchaser of goods, wares, merchandise
or services within one year from the date of the sale by such transient merchant,
and/or the satisfaction of any judgment on file arising out of litigation
initiated by the New Jersey Attorney General, the Division of Consumer Affairs,
the New Jersey Office of Consumer Protection, the Cape May County Office of
Consumer Affairs, or any individual pursuant to the provision of N.J.S.A.
56:8-1 et seq. The bond shall be maintained so long as the transient merchant
conducts business in the Township of Lower and for a period of one year after
the termination of such business and shall be released only when the transient
merchant furnishes satisfactory proof to the Township Clerk that it has satisfied
all claims of purchasers of goods, wares, merchandise or services from such
merchant, and that all state and local sales taxes and fees have been paid.
A transient business license may be issued hereunder only by the Township
Council and only when all requirements of this chapter have been met, such
license shall not be transferable, shall be valid only within the territorial
limits of the Township of Lower, shall be valid only for a period of not more
than 90 days, and shall be valid only for the business stated in the application.
A license so issued shall be valid for only one person, unless such person
shall be a member of a partnership or employee of a firm or corporation obtaining
such license. The Township Council may, in its sole discretion, deny the issuance
of a transient business license if it determines that the issuance of said
license will be deleterious to the health, safety and/or welfare of the people
of Lower Township, or any of them.
The Township Council may revoke any license issued hereunder at any
time if it finds that the conduct of the licensee or the continued existence
of the license is deleterious to the health, safety and/or welfare of the
people of Lower Township, or any of them. In such event, the licensee shall
be entitled to a hearing before the Township Council within 30 days from the
date of the revocation. The licensee shall be entitled to appear with an attorney
at said hearing and to present witnesses and other proofs tending to show
that the continuance of his license is not deleterious to the health, safety
and/or welfare of the people of Lower Township, or any of them.
It is the duty of the Township Police Department and the Township Construction
Official to enforce the provisions of this chapter.
[Amended by Ord. No. 92-31]
A. Any person who violates any part of this chapter shall
be subject to penalty as follows:
(1) First offense: a fine of not more than $1,000 or 90 days
in jail, or both.
(2) Second offense: a fine of not less than $500 nor more
than $1,000 or 90 days in jail, or both.
(3) Third and subsequent offenses: a fine of not less than
$750 nor more than $1,000 or 90 days in jail, or both.
B. Each day on which a violation occurs shall be deemed
to constitute a distinct and separate violation of this chapter.