[HISTORY: Adopted by the Mayor and Council of the Borough
of Ho-Ho-Kus 2-27-1996 by Ord. No. 757. Amendments noted where
applicable.]
GENERAL REFERENCES
Peddlers, solicitors and canvassers — See Ch. 40.
This chapter shall be known as the "Transient Merchant Licensing
Ordinance of the Borough of Ho-Ho-Kus."
It is hereby found and determined by the Borough Council of
the Borough of Ho-Ho-Kus that citizens of this Borough are often subjected
to improper sales techniques by transient merchants who leave the
Borough before such purchasers can take appropriate action to correct
the damages resulting from such improper sales techniques; that it
is desirable that the Borough take all reasonable steps to protect
residents from misleading sales techniques and monetary losses that
may result therefrom; that such transient merchants often conduct
business in violation of local zoning codes and/or site plan approvals
to the detriment of the welfare and safety of the Borough; and that
this chapter is designed to provide for the licensure and regulation
of transient merchants and to thereby protect citizens and the Borough
accordingly.
As used in this chapter, the following terms shall have the
meanings respectively ascribed to them in this chapter:
The Borough Clerk of Ho-Ho-Kus.
Any individual, corporation, partnership, association or
other entity.
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 one year.
Any person, firm, corporation, partnership or other entity
which engages in, does or transacts any temporary or transient business
in the Borough of Ho-Ho-Kus, either in one locality or by traveling
from place to place in the Borough, offering for sale or selling goods,
wares, merchandise or services, with intent to close out or discontinue
such business within one year from the date of commencement, 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 for the exhibition and sale of such goods,
wares or merchandise. "Transient merchant" shall also include any
person who, as a private enterprise, schedules, organizes or promotes
any entertainment, concerts, athletic events, contests or competitions
or beauty pageants to be held on a nonregular 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 Borough of Ho-Ho-Kus; provided,
however, that no such person shall be classified as a transient merchant
if he is sponsored by any bona fide civic, fraternal, educational
or religious organization having a local chapter in the Borough of
Ho-Ho-Kus.
A.
The provisions of this chapter shall not apply to:
(1)
Sales at wholesale to retail merchants by commercial travelers or
selling agents in the usual course of business.
(2)
Wholesale trade shows and/or conventions.
(3)
Sales of goods, wares or merchandise by sample catalogue or brochure
for future delivery.
(4)
The retail sale of ice cream and/or flavored water ice by motor vehicles
during the summer months.
(5)
Any general sale, fair, auction or bazaar sponsored by any civic,
fraternal, educational or religious organization.
(6)
Garage sales held on the premises devoted to residential use.
(7)
Sale of crafts or items made by hand and sold or offered by sale
by the person making such crafts or handmade items.
(8)
Any new home construction contractor, residential developer, master
plumber or electrical contractor who is licensed or regulated by any
state, county or municipal agency, division, department or professional
board and any contractor of home improvements, as defined in N.J.A.C.
13:45A-16.1, who, in the normal course of business, advertises or
performs his services in the Borough of Ho-Ho-Kus, provided that any
such tradesman complies with all state, county and municipal regulations
enforceable by the Borough of Ho-Ho-Kus Construction Official.
(9)
The sale of fruits, vegetables and farm products such as meat, poultry,
butter and eggs.
(10)
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.
(11)
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."
(12)
Any agricultural show, fair or garden society selling or closing
out certain of their exhibits.
(13)
Sale(s) of Christmas trees, provided that such sale(s) are conducted
from the seller's property.
B.
A transient merchant not otherwise exempted from the provisions of
this chapter shall not be relieved or exempted from the provisions
hereof by reason of associating himself temporarily with any local
dealer, auctioneer, trader, contractor or merchant or by conducting
such temporary or transient business in connection with or in the
name of any local dealer, auctioneer, trader, contractor or merchant.
A.
It shall be unlawful for any transient merchant to transact business
within the confines of the Borough of Ho-Ho-Kus unless such merchant
shall have first secured a license and shall have otherwise complied
with the requirements of this chapter.
B.
A separate license shall be obtained for each branch, establishment
or separate place of business in which the occupation of a transient
merchant is carried on, and each license shall authorize the licensee
to carry on, pursue or conduct the business of a transient merchant
only at the location indicated thereby.
Any transient merchant desiring to transact business within
the confines of the Borough of Ho-Ho-Kus shall make application for
and obtain a license therefor. The application for license shall be
filed with the Licensing Official and shall include the following
information:
A.
The name and permanent address of the transient merchant making the
application and, if the applicant is a firm or corporation, the name
and business and home address of the owners 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 average quantity and kind, as nearly as can be stated, and the
value of the personal property intended to be sold or exposed for
sale in the Borough.
E.
The names and post office addresses of the persons from which goods
making up the stock were or are to be purchased.
A.
Before a license shall be issued, the applicant shall file with the
licensing official an instrument in writing nominating and appointing
the Licensing Official his true and lawful agent with full power and
authority to acknowledge service or notice of process for and on behalf
of the applicant in respect to any matters connected with or arising
out of the license and the bond given as required by the provisions
of this chapter or for the performance of the conditions of the bond
or for any breach thereof. It shall also contain recitals to the effect
that the applicant consents and agrees that service of any notice
or process may be made upon such agent and when so made, shall be
as valid as if personally served upon the applicant according to the
laws of this state and waiving all claim or right of error by reason
of such acknowledgment of service or manner of service.
B.
When any such process, notice or demand is served on the Licensing
Official, such person shall immediately cause one copy thereof to
be forwarded by certified mail to the permanent address of the transient
merchant. The provisions of this chapter shall not limit or otherwise
affect the right of any person to serve any process, notice or demand
in any other manner now or hereafter authorized by law.
Each application for a transient merchant license shall be accompanied
by a license fee of $250.
Before a license shall be issued, the applicant shall execute
and deliver to the Licensing Official of the Borough a good and sufficient
bond with good and sufficient surety, to be approved by the Licensing
Official, equal in amount to 25% of the value of the personal property
shown in the declarations and disclosures required under the provisions
of this chapter, but in no event shall the bond be less than $1,000.
It shall remain in force for one year and be conditioned to indemnify
and pay the Borough any penalties or costs incurred in the enforcement
of any of the provisions of this chapter and to indemnify or reimburse
any purchaser of such personal property in a sum equal to at least
the amount of any payment such purchaser may have been induced to
make through the misrepresentation as to the kind, quality or value
of the personal property, whether the misrepresentations were made
by the owners or their servants, agents or employees, either at the
time of making the sale or through any advertisement printed or circulated
with reference to such personal property or any part thereof.
A transient business license may be issued hereunder only by
the Licensing Official 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 Borough and shall be valid
only for a period of not more than 180 days.
The Borough Council, following notice and hearing to the licensee,
may revoke any license issued hereunder for a knowing violation of
the requirements of this chapter, or any part thereof, or if it finds
that the conduct of the licensee or the continued existence of the
license is inimicable to the health, safety and/or welfare of the
citizens of the Borough of Ho-Ho-Kus. The licensee shall be entitled
to appear with an attorney at said hearing and to present witnesses
and other proofs tending to show that continuance of his license is
not inimical to the health, safety and/or welfare of the Borough of
Ho-Ho-Kus.
It is the duty of the Borough of Ho-Ho-Kus Police Department
and the Borough Construction Official to enforce the provisions of
this chapter.
Any transient merchant who fails to comply with the requirements
of this chapter, or any part thereof, or makes a false or fraudulent
representation in any statement required by this chapter to be filed
by it or falsely represents by advertising any material fact concerning
such personal property or makes any false statement as to the previous
history or character of such personal property shall be subject, upon
conviction, to penalty as follows:
A.
First offense: a fine of not less than $50 nor more than $200 or
90 days in jail or a period of community service not to exceed 90
days.
B.
Second offense: a fine of not less than $150 nor more than $500 or
90 days in jail or a period of community service not to exceed 90
days.
C.
Third offense and subsequent offenses: a fine of not less than $300
nor more than $750 or 90 days in jail or a period of community service
not to exceed 90 days.
