[Adopted 8-8-1933 (Ch. 82, Art. I, of the 1974 Code)]
As used in this article, the following terms shall have the meanings indicated:
- NEW MERCHANT
- A person who engages in business in this municipality, irrespective of the permanent or temporary nature of said business, by occupying premises for the sale of merchandise, during and not longer than one year subsequent to the opening of said premises.
- NON-PROFIT-MAKING VENDOR
- 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 with him goods, wares and merchandise for the purpose of selling and delivering them to consumers.
- An individual, firm, partnership, corporation, voluntary association, incorporated association and principal or agent thereof.
- TRANSIENT MERCHANT
- A person, commonly referred to either as a "transient merchant" or "itinerant vendor," who engages temporarily in business in this municipality for the purpose of selling goods, wares and merchandise.
- TRANSIENT MERCHANT PEDDLER
- A person who engages in business in the manner defined in the definition of "transient merchant" and, in pursuance thereto, becomes a peddler or hires a peddler as defined herein.
A separate license shall be issued for peddlers, transient merchants, transient merchant peddlers, non-profit-making vendors and new merchants, and, for the purposes of this article, these licenses shall be classified as follows:
The purpose of this article is to prevent unfair competition and dishonest business practices by the regulation of the conduct of the fourth and fifth classes of vendors specified in § 254-2 and by the imposition of license fees for revenue upon the first, second and third classes. Licenses shall be issued without payment of fees to non-profit-making vendors and new merchants, Classes 4 and 5, respectively.
It shall be unlawful for any peddler, transient merchant, transient merchant peddler, non-profit-making vendor and new merchant to sell or dispose of or to offer to sell or dispose of any goods, wares or merchandise within the Borough of Westville without first obtaining a license and having paid the license fee hereinafter prescribed for the first, second or third class of license.
The requirements of this article shall hold not to include the following persons, who are expressly exempt from its application:
Any person selling fruits, vegetables and farm products of his own raising;
Any person honorably discharged from the military, naval or marine forces of the United States;
Any person who conducts a judicial sale under authority of the laws of this state or of the United States;
Any person who is a resident and taxpayer of the Borough of Westville of at least one year's standing; provided, however, that exemptions enumerated as Subsections B and D shall apply only to the individual possessing the qualifications therein expressed and not to any person acting for the person so exempt.
Any person desiring a license shall file with the Borough Clerk an application blank, separate blanks being provided for each of the five classes of licenses. The blanks shall contain or be accompanied by the following information:
For all license classes:
Name of applicant.
Permanent home residence.
Name and address of firm represented and the names and addresses of the person from which goods making up the stock were or are to be purchased.
Three business references.
The place or places of residence of the applicant for the preceding three years.
The length of time for which the license is desired.
A description of the wares to be offered for sale.
The number either of arrests or convictions for misdemeanors or crimes and the nature of the offenses for which arrested or convicted.
A letter from the firm for which the applicant purports to work, authorizing the applicant to act as its representative.
For transient merchant licenses, in addition to the foregoing items:
A sworn statement of the true invoice of the amount, average quality or kind and value of the goods to be offered for sale.
A statement of the location of such goods by street and number and whether on the premises from which they are to be sold or in a warehouse.
In the discretion of the Borough Clerk, the bills or invoices of purchase for such goods.
For transient merchant peddler licenses, in addition to the foregoing information:
For the three classes of licenses of stationary vendors (viz, transient merchants, transient merchant peddlers and new merchants), the Borough Clerk is directed to establish the character of the business by:
Eliciting a declaration of intention of all new businessmen as to whether they intend to remain within the municipality temporarily or longer than a period of one year.
Requiring the filing of a bond in an amount equal to 25% of the value of the applicant's stock, and in no event shall the bond be less than $200 in amount, provided that new merchants shall not be required to file a bond in an amount in excess of 10% of the value of the applicant's stock.
The bond shall be declared forfeited upon conclusive proof of:
The bond of every merchant continuously conducting a vending business for more than one year shall be surrendered, and no further license shall be required from him under this article.
Following the filing of the application, the Mayor shall verify the information respecting the moral character of the applicant and shall signify his approval or rejection on the reverse side of the form, and the Borough Clerk shall verify the financial information, signifying his approval or rejection of the application on its reverse side. For the issuance of licenses to transient merchants and transient merchant peddlers, the value of goods to be offered for sale may be verified by said officer through an appraisal made by a competent person designated by said officer. Upon verification of the application and payment of the prescribed fees, the license shall be issued by the Borough Clerk.
For all license classes, 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. A separate license must be obtained by a licensed peddler for every agent or employee working for him. A separate license must be obtained by a licensed transient merchant for each branch or separate place of business in which his business is conducted, and each license shall authorize the person to conduct business only at the location which is indicated therein.
All licenses shall be issued on forms drawn in accordance with this article. They shall be printed in book form, with corresponding stubs, and shall be consecutively numbered. The license shall contain suitable blank spaces for writing in the name of the licensee, the class of license granted, the location of the business and the amount of fee paid.
There shall be kept in the office of the Borough Clerk the necessary books for recording the time the application for license is received, showing its class, whether new or renewal, name of licensee, regular number of blank form, when the application was approved by the Chief of the Police Department and the Borough Clerk, the amount of fee received therefor and the date when the license was issued.
Reports. The Borough Clerk shall monthly file a report with the Borough Council, showing the number of licenses granted by classes and the amounts of fees received therefor. Each report shall state the number and class of licenses suspended or revoked and the reasons for such suspension or revocation. The monthly report shall be cumulative during the course of the year so that each report summarizes the action of all preceding months of the current year.
Every person holding a license under this article 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 Westville.
To every peddler granted a license, the Borough Clerk shall issue a metal plate bearing the words "Licensed Peddler, Borough of Westville," together with the number of the license and the year for which it is issued. All automobiles, wagons, carts or other vehicles used for peddling shall have affixed thereon the said metal plate. A transient merchant, a transient merchant peddler and a new merchant must post a license certificate in a prominent place of his business premises. To the vendors of all other classes shall be issued a license button which must be affixed on the lapel of such vendor's coat or garment while engaged in business.
A charge of $0.50 shall be made by the Borough Clerk for filing and filling out each application made to him by virtue of this article, and the said sum so paid shall be in addition to the fees hereinbefore required to be paid. This charge is made for the purpose of defraying expenses in printing applications and all clerical work in connection with the issuance of the license pursuant thereto.
Whenever it shall become necessary for the Borough Clerk to issue metal plates as provided in § 82-10 of this article, the applicant shall deposit with the Borough Clerk the sum of $10 for each metal plate to be issued, in addition to all other fees and costs required to be paid. Such deposit shall be returned when the metal plate is surrendered.
A license may be revoked by the Borough Council by reason of the violation of the terms of the license, the violation of this article or any other municipal ordinance or state or federal statute, or falsification in applying for a license. The licensed person must be granted a hearing by the Borough Council upon his request. A license may be suspended for not more than two weeks by the issuing officer without a hearing.
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable as set forth in Chapter 1, Article I, § 1-15, General penalty. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.