[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
In the interpretation of this article, the following words and
phrases, unless the context shows another sense to be intended, shall
be held to have the meanings hereinafter stated:
An individual, firm, partnership, corporation, voluntary
association, incorporated association and principal or agent thereof.
Persons, corporations or partnerships, whether principal
or agent, who engage in a merchandising business in New Jersey with
intent to close out or discontinue such business within one year from
the date of commencement, including those who, for the purpose of
carrying on such business, hire, lease or occupy any building, structure
or railroad car for the exhibition and sale of such goods, wares and
merchandise; but nothing in this article shall be construed to affect
the sale of fruits, vegetables and farm products, such as meat, poultry,
butter and eggs.
The purposes of this article are as follows:
A.
To put into effect the provisions of N.J.S.A. 45:24-1 et seq., insofar
as transient merchants are concerned.
B.
To prevent unfair competition and dishonest business practices by
requiring persons intended to engage in any of the occupations to
be licensed by this article, to furnish certain preliminary information,
to conform to the requirements of this article and, to the extent
set forth in this article, to regulate the conduct of persons engaged
in any of such occupations.
C.
To impose upon transient merchants license fees for revenue.
Except as provided in the following section of this article,
it shall be unlawful for any transient merchant to offer for sale
or to sell or dispose of any goods, wares or merchandise within the
Township of Toms River without first obtaining a license and paying
the license fee hereinafter prescribed.
Nothing in this article shall apply to or require the obtaining
of a license by any charitable or religious society that shall conduct
sales of personal property when the proceeds thereof shall be applied
to the payment of the expenses thereof and to the charitable or religious
object for which the society exists; and nothing in this article shall
apply to or require the obtaining of a license by any art, antique
or historical society that shall conduct an exhibition and sale of
art objects, pictures, paintings, prints, historical articles and
furniture generally known and designated as antiques and kindred objects;
and nothing in this article shall apply to or require the obtaining
of a license by any agricultural show, fair or garden society selling
or closing out certain of their exhibits, if such society was an incorporated
association, not for pecuniary profit, of this state prior to the
26th day of March 1935, or if incorporated subsequent thereto, such
society shall have a bona fide membership of at least 100 persons.
A.
All applicants desiring a license to operate as a transient merchant
shall file with the Township Clerk of this municipality an application
on a blank form to be furnished by the Township of Toms River. The
applicant shall furnish on such blank form the following information:
(1)
Name of applicant.
(2)
Permanent home address.
(3)
Names and addresses of persons from whom goods making up the stock
were or are to be purchased.
(4)
Three business references.
(5)
The place 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 either of arrests or convictions for misdemeanors or crimes,
and the nature and place of the offenses for which arrested or convicted.
(9)
If the applicant represents a person or firm, a letter from the person
or firm for whom the applicant purports to work, authorizing him or
her to act as such person's or firm's representative.
(10)
The average quantity and kind, as nearly as can be, and the
value of the stock of goods, wares and merchandise intended to be
sold or exposed for sale.
(11)
The location of such goods, wares and merchandise by street
and number, and whether on the premises from which they are to be
sold or in warehouse or storage.
B.
The Township Clerk, in arriving at the valuation of the stock of
goods, may require the submission of bills or invoices of such goods,
wares and merchandise intended to be sold.
A.
Following the filing of the application with the Township Clerk,
said Clerk shall thereupon with all convenient speed investigate the
statements in such application:
B.
If the statements made in such application are found to be correct
and satisfactory, the Township Clerk shall issue a license to the
applicant, provided all the other requirements of this article shall
have been complied with.
A separate license must be obtained by a licensed transient
merchant for each branch or separate place of business in which his
or her business is conducted. Each license shall authorize the licensee
to conduct business only at the location which is indicated therein.
Upon payment by an applicant to the Township Clerk of the sum
of $1,000, the Township Clerk is authorized to issue a license as
a transient merchant, provided that such applicant shall otherwise
comply with the provisions of this article. Such license shall continue
in favor of the person to whom it is issued for a period of 180 days
from the day of issue.
The license issued to any applicant shall not authorize any
person except the designated licensee to engage in business under
such license. Such license shall not be transferable from the person
to whom issued to any other person, excepting upon the transferee
complying with all the provisions of this article in relation to the
original application for a license, except that relating to the payment
of the license fee, and shall then only be transferable in case the
original license fee has been paid on a bond given to guarantee its
payment and the approval of the transfer given by the Township Council
of this municipality, upon the payment of a transfer fee to the Township
of Toms River in the sum of 10% of the original license fee.
A licensee shall have his or her license posted at his or her
place of business, in a prominent position therein, at all times during
the valid period of existence of such license.
Any license issued under the provisions of this article may
be revoked by the Township Council for the violation of the terms
of the license or falsification in applying for the license, or when
in the opinion of the Township Council the business so licensed is
conducted in a manner contrary to law or to public morals or to the
public health or to the safety of the life or limb of the public.
Before a license is revoked, the licensee shall be accorded a hearing
before the Township Council. The decision of the Township Council
as to revocation shall be final.
A license may be suspended for not more than two weeks by the
Township Council upon probable cause being shown that the license
should be revoked.
The Township Council shall hold such hearings and make such
investigations as it may deem necessary in carrying out the provisions
of this article in relation to suspension or revocation of licenses.
A.
Before any license shall issue hereunder, the applicant for a transient
merchant's license shall file with the Township Council a bond executed
by the applicant with good and sufficient surety to be approved by
the Township Council, in the amount hereinafter specified, which bond
shall remain in force for one year and shall be conditioned to indemnify
and pay to the Township any penalties or costs incurred in the enforcement
of any of the provisions of this article, and further conditioned
to indemnify or reimburse any purchase of goods, wares and merchandise
in a sum equal to at least the amount of any payment such purchasers
may have been induced to make through the misrepresentations as to
the kind, quality or value of such goods, wares and merchandise so
purchased, whether the misrepresentations were made by the owner or
by his servant, agent or employee, either at the time of making the
sale or through any advertisement of any character whatsoever, printed
or circulated, with reference to the stock of goods, wares and merchandise,
or any part thereof, and further conditioned that the bond shall be
due and payable for any falsification of a statement of fact in the
application filed for the license or if the business conducted under
such license is conducted in a manner contrary to law or against the
morals, public health or safety of the life or limb of the public.
B.
The penal amount of the bond shall be 25% of the value of the applicant's
stock, and in no event less than the sum of $1,000.
Nothing in this article shall be construed to relieve any person
from complying with the provisions of the Zoning Ordinance[1] or the Building Code[2] of this Township, or to relieve any person from complying
with any other ordinance, rule or regulation of the Township of Toms
River relative to fire hazards, safety of premises for conduct of
business, or otherwise.
