[Adopted 1-5-1931]
The following terms, as used in this article, are hereby defined
as follows:[1]
Any person, firm or corporation selling any merchandise,
goods, products or any article whatsoever from a vehicle or pack,
going about from house to house or from purchaser to purchaser and
carrying said goods or products for the purpose of sale and delivery;
if the goods or products are edible, such person is a "hawker;" if
the goods, products or articles are nonedible, such person is a "peddler."
All persons engaged in business or occupying premises where
rags, bones, rubber, scrap iron, old brass, wastepaper, used building
supplies or used parts of auto wrecking places are sold or stored.
[Amended 2-7-1939]
All places, such as hotels, boardinghouses or houses used
for sleeping purposes or lodging purposes, having a rooming capacity
of more than three rooms for such purposes.
Any person, firm or corporation selling any merchandise,
goods, products or any article whatsoever from a building or lot within
the Borough of Washington, in or on which he, she or they have conducted
business for a longer term than one year.
[Amended 3-15-1943]
Any theater, moving-picture house, opera house, museum, golf
course, miniature golf course (indoor or out), merry-go-round, bowling
alley, Edisonions and dance halls or places for dancing, where a fee
is charged for the privilege, is a "place of amusement." Any shooting
gallery or gambling table not prohibited by law (except private, where
no charge is made for the use of the same), other than hereinabove
mentioned, is defined as "games of amusement."
[Amended 3-5-1945; 9-6-1994 by Ord. No. 16-94]
Any person selling any merchandise, goods, products or any
article whatsoever by sample or taking orders for future delivery
and accepting a deposit or advance payment, or any person soliciting
alms or donations for any purpose, provided that any person taking
order for goods, products or articles to be delivered from other states
or in the original package and paid for through the usual office methods
shall not be included.
[Amended 8-1-1938]
Any person, firm or corporation selling any merchandise,
goods, products or any article whatsoever, whether as principal or
agent, from a building or lot within the Borough of Washington, in
or on which he, she or they occupy as a tenant at will or under lease
for a shorter term than one year, or from a railroad car or a vehicle,
if he, she or they do not travel from house to house or from purchaser
to purchaser.
[Amended 3-15-1943]
Any circus, wild west show, medicine show, carnival or any
show, whether under canvas or not, when held outside of a licensed
theater, opera house or moving-picture house.
[1]
Editor's Note: Former definitions of "eating places"
and "vehicles of transportation," which appeared in this section,
were repealed 1-8-1974 by Ord. No. 34-73.
[Amended 1-8-1974 by Ord. No. 34-73]
No permanent merchant, transient merchant, hawker, peddler or
solicitor, nor lessee, keeper or agent of a place of amusement, traveling
show or lodging house, nor junk dealer shall sell or offer for sale
any merchandise, or do or carry on, or attempt to do or carry on,
any business herein mentioned, in the Borough of Washington, Warren
County, New Jersey, without first having obtained from the Borough
Clerk a license to do so and paid the fee hereinafter specified for
a license to carry on the said business or obtained a permit as hereinafter
specified. Said license or permit shall not be transferable.
[Amended 3-15-1943]
Written application for such license or permit shall be made
to the Borough Clerk and shall show:
A.
The name of the applicant and of all persons associated with him
in his business.
B.
The type of business for which the license is desired.
C.
In case of transient merchants, the place where the business is to
be carried on.
D.
The length of time for which said license is desired.
E.
A general description of the thing or things to be sold.
F.
The present place of business of the applicant.
G.
The places of residence of the applicant for the two years just past.
[1]
Editor's Note: Former § 54-4, New merchants; bond,
added 3-14-1943, was repealed 2-25-1975 by Ord. No. 2-75.
[Amended 12-18-1956; 1-8-1974 by Ord. No. 34-73; 11-17-2008 by Ord. No. 13-2008]
Fees for licenses under this article shall be as follows:
|
For 1 Day
|
For 1 Week
|
For 1 Month
|
For 6 Months
|
For 1 Year
| ||
|---|---|---|---|---|---|---|
|
Permanent merchant:
| ||||||
|
Stores having total floor area up to 1,500 square feet
|
$10
| |||||
|
Stores having total floor area from 1,500 to 3,500 square feet
|
$25
| |||||
|
Stores having total floor area over 3,500 square feet
|
$75
| |||||
|
Transient merchant
|
$10
|
$50
|
$200
|
$400
| ||
|
Hawker
|
$20
|
$60
|
$120
|
$200
|
$400
| |
|
Peddler
|
$20
|
$60
|
$120
|
$200
|
$400
| |
|
Solicitor
|
$20
|
$60
|
$120
|
$200
|
$400
| |
|
Place of amusement
|
$400
| |||||
|
Traveling shows
|
$100
| |||||
|
Lodging houses
|
$400
| |||||
|
Junk dealer
|
$400
| |||||
[Amended 12-18-1956]
The provisions of this article and the license requirements
herein provided shall not apply to persons selling the produce from
their own farms nor to any exempt fireman of the State of New Jersey
or honorably discharged veteran of any war holding a special license
under the provisions of N.J.S.A. 45:24-9, provided that such exempt
fireman or veteran shall produce the proper certificate or state license
as required by the statutes of the State of New Jersey and a permit
as required by this article when requested to do so. Nor shall they
apply to any sale or entertainment for the benefit of a nonprofit
religious, educational or charitable organization nor to vehicles
of transportation operating under license or permit from the federal
Interstate Commerce Commission. In the case of every exemption, however,
a written permit signed by the Mayor or, in the absence of the Mayor,
by the Chairman of the License Committee, must be secured by the applicant.
[Amended 1-8-1974 by Ord. No. 34-73]
All licenses or permits issued under the provisions of this
article shall be carried by the licensee or permittee or displayed
in a conspicuous place in his place of business. All licenses or permits
granted shall be shown by the holder to any officer or citizen of
the Borough demanding to see the same.
A.
All licenses or permits issued to hawkers, peddlers or solicitors as defined in § 54-1 of this article shall apply to principals only, provided that one assistant will be allowed under such defined business. Where more than one assistant is employed in any one such business, an additional license for each person in excess of two in any such business must be secured. The additional license fee in each and every case shall be 1/2 of the fee as designated in § 54-5 of this article.
[Amended 1-8-1974 by Ord. No. 34-73]
B.
Licensed transient and permanent merchants as defined in § 54-1 of this article are permitted to make deliveries in any manner when goods are ordered at the place of business as defined in such section, but permanent merchants and transient merchants using any vehicles of transportation or any means or method of selling other than taking orders shall be classed as hawkers or peddlers (see § 54-1 of this article) and shall procure an additional license, paying for this license the fee as prescribed under said classification.
No persons licensed under this article shall call attention
to their business or to their merchandise by crying out, by blowing
a horn, by ringing a bell (other than the bell at a door) or by any
loud or unusual noise.
Every license or permit shall remain in force and be valid only for the time therein expressed, shall apply only to the person or persons to whom granted, shall run from January 1 of the year in which the license is issued, 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 from the first day of January or 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 the license is issued. The full fee for the time opposite each classification in § 54-5 of this article shall be paid for each license granted to any person or persons under that classification, and no reduction in the fees shall be made nor shall a refund be made because of cessation of business after such license shall have been issued.
All persons to whom such licenses or permits are granted as
herein provided shall comply with all State of New Jersey laws, all
ordinances of the Borough, and all Board of Health laws and rulings,
and conform to all police rules and regulations, and if any licensee
or holder of a permit shall be found guilty of a violation of any
state law, Borough ordinance or Board of Health law or ruling, the
license or permit granted may be revoked by the Mayor of the Borough
of Washington or a majority of the Borough Council, and at any session
of said Council; notice thereof in writing, signed by the Mayor and
served upon the licensee by a police officer or constable of the Borough
of Washington, shall be considered a revocation of the license or
permit.
Any license or permit secured by misrepresentation or error
shall be revoked by the Mayor, and the offender shall be subject to
the penalties of this article.
[Amended 1-8-1974 by Ord. No. 34-73]
Each and every person violating any of the provisions of this
article shall, upon conviction thereof before any Justice of the Peace,
Police Justice or any Judge, forfeit and pay a fine of not more than
$500 or be imprisoned in the county jail for not more than 90 days,
and the Judge before whom any such person may be brought may impose
such punishment in the county jail as he may see fit, not exceeding
the maximum herein fixed.
