[HISTORY: Adopted by the Mayor and Council
of the Borough of Northvale 9-12-1951 as Ord. No. 206 (Ch. 45 of the 1969 Code).
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A person who sells goods, the proceeds of which are devoted
exclusively to the purposes of a philanthropic, charitable or religious
society on whose behalf he acts as an agent without pay.
A person, commonly referred to either as a "peddler" or "hawker,"
who goes from place to place by traveling on the streets, or from
house to house, and carries his goods, wares and merchandise for the
purpose of selling and delivering them to consumers. A "peddler" shall
also be construed as a person who goes from place to place by traveling
on the streets, or from house to house, for the purpose of purchasing
goods in said places or houses, including a purchase of junk or any
household goods.
An individual, firm, partnership, corporation, voluntary
association, incorporated association and a principal or agent thereof.
A person selling goods by sample or taking orders for future
delivery with or without accepting an advance payment for the goods.
The purpose of this chapter is to prevent unfair
competition and dishonest business practices by the regulation of
hawkers, peddlers and itinerant vendors and by the imposition of license
fees, which licenses shall be issued without payment of fees to solicitors
and nonprofit-making vendors.
It shall be unlawful for any hawker, peddler,
solicitor or nonprofit-making vendor to sell or dispose of or offer
to sell or dispose of any goods, wares or merchandise within the Borough
of Northvale without first obtaining a license and having paid the
license fee hereinafter prescribed. It shall be unlawful for any peddler,
as defined above, to purchase or offer to purchase any junk or any
other goods, wares or merchandise within the Borough of Northvale
without first obtaining a license and paying the license fee hereinafter
prescribed.
A.
The requirement to pay a license fee under this chapter
shall be held not to include the following persons, who are expressly
exempt from the payment of the license fee:
(1)
Any person selling fruits, vegetables and farm products
produced on the farm operated by the vendor or a member of his family,
provided that proof of such fact is submitted to the Borough Clerk
before the sale thereof.
(3)
Any blind person who is a resident of this municipality.
(4)
Any person who conducts a sale pursuant to statute
or court order.
(5)
Every exempt member of a volunteer fire department,
volunteer fire engine, hook and ladder, hose, supply company or salvage
corps of any municipality or fire district in this state who holds
an exemption certificate issued to him as an exempt member of any
such department, company or corps and who is a resident of this state.[2]
B.
Nothing stated in this section shall be construed
to exempt any person from any provision of this chapter except the
license fee as stated above.
A.
Any person desiring a license shall file with the Borough Clerk an
application blank. The blanks shall contain the following information
for all license classes:
[Amended 7-10-2019 by Ord. No. 998-2019]
(1)
The name of the applicant.
(2)
His permanent home residence.
(3)
The name and address of the firm represented.
(4)
Three business references.
(5)
The place or places of residence of the applicant for the preceding
three years.
(6)
The length of time for which the license is desired.
(7)
A description of the wares to be offered for sale.
(8)
A statement of whether the applicant has been convicted of any crime/disorderly
person offense or petty disorderly person offense involving deceptive
business practices or fraud.
(9)
Photo I.D.
(10)
Motor vehicle registration number and the make/model of any
vehicle used by the applicant in connection with the peddling/solicitation.
B.
To the application must be appended a letter from
the firm for which he purports to work, authorizing the applicant
to act as its representative.
[Amended 7-10-2019 by Ord. No. 998-2019]
A.
Following the filing of the application, the Chief of Police shall
review the application statement within three business days to determine
its compliance with the terms of this chapter and shall signify his
approval or rejection on the reverse side of the form. Upon verification
of the application and payment of the prescribed fee, the license
therewith shall be issued by the Borough Clerk within one business
day.
B.
For all licenses, 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 without the consent of the Mayor
and Council. A separate license must be obtained by a licensed peddler
for every agent or employee working for him.
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 space for writing in the name, the location of the
business and the amount of fee paid.
B.
The licensee may also be required to wear an identification
button of a type designated by the Mayor and Council.
Every person holding a license under this chapter
shall be required to carry the license with him or at his business
premises while engaged in the business licensed. He must produce the
license at the request of any official of the Borough of Northvale.
License fees under the terms of this chapter
shall be $25 per year or a fractional part thereof, which license
shall expire and terminate on December 31 of the year in which issued.
No person licensed under this chapter shall be entitled to use more
than one automobile, car, wagon or other vehicle for the business
which said license relates without paying an additional license fee
of $10 for each additional vehicle so used.
A license may be revoked by the Mayor and Council
by reason of the violation of the terms of the license, the violation
of any municipal ordinance or state or federal statute or falsification
in applying for a license. The licensed person must be granted a hearing
by the Council upon his request. A license may be suspended for not
more than two weeks by the issuing officer without a hearing.