As used in this article, the following terms
shall have the meanings indicated:
A person, commonly and variously referred to as a "peddler,"
"hawker" or "huckster," who goes from place to place by traveling
on foot or by motor or other vehicle on the streets or sidewalks or
from house to house and carries with him goods, wares or merchandise
for the purpose of selling and delivering them to customers.
A.
Except as provided in Subsection B of this section, no person shall engage in the business of peddler, hawker or huckster without first having obtained a license as hereinafter provided. The penalty for a violation of this subsection shall be:
[Amended 4-15-2014 by Ord. No. 2014-949]
B.
The licensing requirement of Subsection A of this section shall not apply to:
(1)
Any person selling fruits, vegetables and other farm
products raised or produced on his farm.
(2)
Any person honorably discharged from the military,
naval or marine forces of the United States holding a license issued
pursuant to N.J.S.A. 45:24-9 et seq.
(3)
Any person who is an exempt member of a volunteer
fire department holding a license issued pursuant to N.J.S.A. 45:24-9
et seq.
(4)
Any person who conducts a sale pursuant to statute
or court order.
(5)
Any blind person who is a resident of the Borough.
(6)
Any person who is otherwise exempt by law.
All applications for licenses required by this
article shall be made in writing to the Borough Clerk on forms to
be supplied by the Clerk. No license shall be issued unless and until
the applicant submits to the Borough Council a copy of a valid certificate
of authority issued to the vendor pursuant to Section 15 of P.L. 1966,
c. 30 (N.J.S.A. 54:32B-15), empowering the vendor to collect sales
tax. The information required in the license application may include:
A.
The name of the applicant.
B.
His permanent home address.
C.
The name and address of the firm represented, if any.
D.
Business references, where applicable.
E.
The place or places of residence of the applicant
for the preceding three years.
F.
The length of time for which the license is desired.
G.
Whether or not the applicant has been convicted of
a crime or misdemeanor or violation of any municipal ordinance and
the nature of the offense, if any, for which convicted.
H.
Where applicable, the kind of goods, wares or merchandise
to be sold or held for sale.
I.
Proof of financial responsibility, where applicable.
J.
Such other information as may be relevant to compliance
with regulations governing such licenses.
K.
The license number of the vehicle or vehicles to be
used.
A.
The Chief of Police shall cause such investigation
to be made of the applicant's business and moral character as he deems
necessary for the protection of the public good.
B.
Based upon his investigation and findings, the Chief of Police shall signify his approval or rejection of the application and the license shall be issued by the Borough Clerk upon payment of the fee provided for in § 200-7 below.
C.
Such license shall specify the conduct permitted and
the number of hours or days the license will be effective.
A.
Upon the issuance of a peddler's license, the Clerk
shall furnish the licensee with a plate, badge or other evidence bearing
the number of the license and the year in which it was granted.
B.
The plate, badge, license or other evidence shall
be displayed at all times in a conspicuous part of the vehicle used
by the licensee, if any, in the conduct of his business. If no vehicle
is used, these identifications shall be carried by him and exhibited
upon demand by any citizen of the Borough or member of the Police
Department.
A.
Unless as otherwise provided in Subsection B of this section, all licenses shall be good only for the calendar year in which issued.
B.
In addition to the yearly license provided herein,
the Council may issue licenses to hawkers or peddlers for special
occasions. The manner of applying for and the method prescribed for
the issuing of such special licenses and for the evidence of its having
been issued shall be the same as heretofore prescribed and provided
for yearly licenses. Such licenses for such occasions shall be effective
for a period not to exceed one week or for such shorter period as
shall be designated by the Council in issuing such particular license.
[Amended 11-24-2015 by Ord. No. 2015-967]
The fee for a peddler’s license shall
be $50 per day or $1,000 per year for an annual permit for each person
to whom a license is issued, and the Borough Clerk shall endorse on
each license the amount of the fee and the dates for which said license
shall be valid.
No licensee shall:
A.
Sell or offer to sell any articles except those authorized
under such license;
B.
Delay his departure for any unreasonable length of
time after any owner, tenant, resident or other person has signified
his lack of intention to purchase;
C.
Annoy or harass any owner, tenant, resident or other
person by the use of indecent, offensive or insulting remarks, actions
or gestures;
D.
Approach any building or property except on the walks
or paths leading to the front door of such building or property without
crossing any lawns, shrubbery, flowers or private grounds; or
E.
Engage in the licensed business except between the
hours of 9:00 a.m. and 5:00 p.m. on weekdays.
A.
Licenses issued under this article may be revoked
by the Chief of Police after notice and hearing for any of the following
causes:
(1)
Fraud, misrepresentation, or false statement in the
application for the license;
(2)
Fraud, misrepresentation, or false statement made
in the course of carrying on the licensed business in the Borough;
(3)
Any violation of this article;
(4)
Conviction of any crime involving moral turpitude
or of any ordinance concerning peddling or hawking;
(5)
Conducting the licensed business in the Borough in
an unlawful manner or in such a manner as to constitute a breach of
the peace or to constitute a menace to the health, safety or general
welfare of the public.
B.
Notice of the hearing for revocation of a license
shall be given in writing, setting forth specifically the grounds
of complaint and the time and place of hearing. Such notice shall
be given personally or mailed to the licensee at his last known address
at least five days prior to the date set for hearing.
C.
Such license may, pending revocation proceedings,
be suspended for not more than two weeks by the Chief of Police if,
in his opinion, the conduct of the licensee is detrimental to the
health, safety and welfare of the Borough.
A.
Any person aggrieved by the action of the Chief of
Police in the revocation of a license as provided within this article
shall have the right of appeal to the Council upon such action.
B.
Such appeal shall be taken by filing with the Council
within 14 days after notice of the action complained of has been given
and shall consist of a written statement setting forth fully the grounds
for the appeal.
C.
The Council shall set a time and place for hearing
on such appeal, and notice of such hearing shall be given to the appellant.
D.
After such hearing, the Council may affirm or reverse
the action from which the appeal is taken.
