The purpose of this chapter is to require individuals and businesses
to acquire and maintain a Borough-issued mercantile license. The purpose
of the Borough license requirement is to promote the public health,
safety, morals and welfare of the Borough of Lindenwold. The license
will enable law enforcement officers and public and safety officials
to better serve the businesses and community by enabling better access
to information about the businesses' property, location, hours of
operation and activity. The Borough licensing requirement is not a
tax. The Borough license seeks to further the independent interests
of the Borough of Lindenwold described herein. The Borough hereby
requires all individuals, persons and businesses, including those
that require a state-issued license for the operation of their business
or trade, to comply with the licensing requirements in this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all kinds of vocations, occupations, professions,
enterprises, establishments and all other kinds of activities and
matters, together with all devices, machines, vehicles and appurtenances
used therein, any of which are conducted for private profit or benefit,
either directly or indirectly, on any premises in the Borough of Lindenwold,
as set forth in N.J.S.A. 40:52-1 and the acts amendatory thereof and
supplemental thereto.
Any person traveling either by foot, wagon, automobile, motor
truck or any other type of conveyance from place to place, from house
to house or from street to street, taking or attempting to take orders
for sales of goods, wares and merchandise, personal property of any
nature whatsoever for future delivery, or for services to be furnished
or performed in the future, whether or not such person has, carries
or exposes for sale a sample of the subject of such sale, or whether
or not such person is collecting advance payments on such sales. Further,
these terms shall include any person who hires, leases, uses or occupies
any building, structure, tent, railroad boxcar, boat, hotel room,
lodging house, apartment, shop or any other place within the Borough
of Lindenwold for the sole purpose of exhibiting samples and taking
orders for future delivery.
A machine used for the sale of cigarettes, cigars, tobacco
and/or matches and controlled by the insertion of a coin or coins.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copies of any matter or literature:
Which advertises for sale any merchandise, product, commodity
or things; or
Which directs attention to any business or mercantile or commercial
establishments or other activity for the purpose of either, directly
or indirectly, promoting the interests thereof by sale; or
Which directs attention to or advertises any show, theatrical
performance, exhibition or event of any kind for which an admission
price is charged for the purpose of private gain or profit; or
Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for private benefit and
gain of any person so engaged as advertiser or distributor; and
Which is not distributed on a regular basis.
A sale held out in such a manner as to reasonably cause the
public to believe that the sale will offer goods damaged or altered
by fire, smoke, water or other means.
A sale held out in such a manner as to reasonably cause the
public to believe that upon the disposal of the stock and goods on
hand, the business will cease and be discontinued, including but not
limited to the following sales: adjuster's; adjustments; alterations;
assignee's; bankrupt's; benefits of administrator's; benefit of creditors';
benefit of trustee; building coming down; closing; creditor's committee;
creditor's end; executor's; final days; forced out; forced out of
business; insolvent's; last days; lease expires; liquidation; loss
of lease; mortgage sales; receiver's; trustee's; quitting business.
Any person engaged in distributing commercial or noncommercial
handbills, other than newspapers distributed to subscribers thereof,
for himself or any other person, upon any of the public and private
streets, places and premises other than his own premises in the Borough
of Lindenwold. This definition shall not prohibit the sale of newspapers,
regularly published, through newspaper boys, newsmen or from news
store premises in the Borough of Lindenwold.
Any tag, plate, badge, emblem, sticker or any other kind
of device which may be required for any use in connection with any
license.
Any music vending machine, contrivance or device which, upon
the insertion of a coin, slug, token, plate, disk or key into any
slot, crevice or other opening, or by the payment of any price, operates
or may be operated for the emission of songs, music or similar amusement.
Any machine operated mechanically, electrically or otherwise
which, upon the insertion of a coin, slug, token, plate or disk, may
be operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score. It shall include
such devices as marble machines, pinball machines, skill ball, mechanical
grab machines and all games, operations or transactions similar thereto
under whatever name they may be included.
Any printed matter or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, magazine, paper, booklet or other
printed or otherwise reproduced original or copies of any letter or
literature not included in the aforesaid definition of "commercial
handbill."
Any person traveling by foot, wagon, automotive vehicle or
any other type of conveyance from place to place, from house to house
or from street to street, carrying, conveying or transporting goods,
wares, food, liquids, merchandise, meats, fish, vegetables, fruits,
garden truck, farm products or provisions, offering and exposing the
same for sale or making sales and delivering articles to purchasers,
or who, without traveling from place to place, shall sell or offer
the same for sale from a wagon, automotive vehicle, railroad car or
other vehicle or conveyance, or a person who solicits orders and as
a separate transaction makes deliveries to purchasers as part of a
scheme or design to evade the provisions of this chapter. The term
"peddler" shall include the words "hawker" and "huckster."
Includes individual natural persons, partnerships, joint
ventures, societies, associations, clubs, trustees, trusts, corporations
or unincorporated groups, or any officers, agents, employees, servants,
factors or any kind of personal representatives of any thereof, in
any capacity, acting either for himself or for any other person under
either personal appointment or pursuant to law.
Includes all land, structures, places and also the equipment
and appurtenances connected or used therewith in any business, and
also any personal property which is either affixed to or otherwise
used in connection with any such business conducted on such premises.
A sale held out in such a manner as to reasonably cause the
public to believe that the person conducting the sale will cease and
discontinue business at the place of sale upon disposal of the stock
and goods on hand and then move to and resume business at a new location
within the Borough of Lindenwold or will then continue business from
other existing locations in the said Borough.
Any person, whether as owner, agent, servant, employee or
consignee, who engages in a temporary business of selling and delivering
goods, wares and merchandise within the Borough of Lindenwold and
who, in furtherance of such purposes, hires, leases, uses or occupies
any building, structure, motor vehicle, tent, railroad boxcar or boat,
public rooms in hotels, apartments, shops or any street, alley or
other public place within the Borough for the exhibition and sale
of such goods, wares and merchandise, either privately or at public
auction.
Any machine or device, whether automatic or not, controlled
by the insertion of a coin or coins, for the vending of service, food,
liquids, confections, goods, wares, merchandise or articles of any
type, kind or description.
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NOTE: The foregoing definitions of "commercial handbill" and
"noncommercial handbill" shall not include any newspaper of general
circulation, as defined by general law, or any periodical or current
magazine regularly published with not fewer than four issues a year
and sold to the public.
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