[Amended 9-13-1977]
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.
PEDDLER
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.
PERSON
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.
[Amended 9-13-1977]
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:
B. Class 2:
transient merchants.
C. Class 3:
transient merchant peddlers.
D. Class 4:
non-profit-making vendors.
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:
A. Any person selling fruits, vegetables and farm products of his own
raising;
B. Any person honorably discharged from the military, naval or marine
forces of the United States;
C. Any person who conducts a judicial sale under authority of the laws
of this state or of the United States;
D. Any person who is an exempt member of a volunteer fire department
as defined by New Jersey Public Laws 1911, Chapter 133;
E. 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:
A. For all license classes:
(2) Permanent home residence.
(3) 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.
(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) The number either of arrests or convictions for misdemeanors or crimes
and the nature of the offenses for which arrested or convicted.
(9) A letter from the firm for which the applicant purports to work,
authorizing the applicant to act as its representative.
B. For transient merchant licenses, in addition to the foregoing items:
(1) A sworn statement of the true invoice of the amount, average quality
or kind and value of the goods to be offered for sale.
(2) 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.
(3) In the discretion of the Borough Clerk, the bills or invoices of
purchase for such goods.
C. For transient merchant peddler licenses, in addition to the foregoing
information:
(1) The names and addresses of each peddler acting for said merchant.
(2) Three personal references for each peddler.
(3) For each peddler, the number either of arrests or convictions for
misdemeanors or crimes and the nature of the offenses for which arrested
or convicted.
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.
[Amended 9-13-1977]
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.