It shall be the duty of the Chief of Police, the Municipal Compliance
Officer, the Mayor and Borough Council and any police officer of the
Borough of Lindenwold to examine all places of business and all persons
of the Borough of Lindenwold to determine if this chapter has been
complied with and to enforce the provisions of this chapter against
any person found to be violating the same. Further, it shall be their
duty to require any person seen peddling, soliciting, canvassing or
distributing and who is not known by such officer to be duly licensed
to produce his peddler's, solicitor's, canvasser's or distributor's
license, as the case may be, and to enforce the provisions of this
chapter against any person found to be violating the same.
No license shall be required of any person for any mere delivery
in the Borough of Lindenwold of any property purchased or acquired
in good faith from such person at his regular place of business outside
the Borough where no intent by such person is shown to exist to evade
the provisions of this chapter.
The Borough Council of the Borough of Lindenwold may authorize
the issuance of a special mercantile license, without the payment
of any license fee or other charge therefor, to any public, charitable,
educational, literary, fraternal or religious organization having
its location in the Borough of Lindenwold for the conduct or operation
of a temporary nonprofit enterprise for a public, charitable, educational,
literary, fraternal or religious purpose. The applicant, however,
shall submit the usual application form in the manner as hereinbefore
required and shall operate, if granted a mercantile license, in accordance
with the requirements of this chapter.
Any permit or license granted or issued pursuant to this chapter
may be revoked by the Borough Council, after notice and hearing, for
any of the following causes:
A. Any fraud, misrepresentation or false statement made in connection
with the selling of goods, wares or merchandise.
B. Any fraud, misrepresentation or false statement contained in the
application for license.
C. Any violation of this chapter.
D. Any conviction of the licensee of any felony or of a misdemeanor
involving moral turpitude.
E. Conducting the business licensed under this chapter through the applicant
himself or any of his agents, servants or employees in any unlawful
manner or in such a manner as to constitute a breach of peace or to
constitute a menace to the health, safety or general welfare of the
public.
F. Pursuant to and in accordance with N.J.S.A. 40:52-1.2, failure of
a licensee who is an owner of the property affected by the mercantile
license or upon which the licensed business or activity is conducted
to pay the taxes due on the property for at least three consecutive
quarters. The provisions of this subsection shall not apply to or
include any alcoholic beverage license or permit issued pursuant to
the New Jersey Alcoholic Beverage Control Act.
Notice of hearing for revocation of a license under §
199-31 preceding shall be given in writing by the Municipal Compliance Officer, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed by certified mail to the attention of the licensee, at his address indicated on his mercantile license application, at least five days prior to the date set forth for the hearing.
[Amended 11-5-2014 by Ord. No. 2014-01]
In addition to the provisions for revocation, the Municipal Compliance Officer, the Chief of Police, any police officer of the Borough of Lindenwold or any taxpayer or resident of the Borough may make complaint in the Municipal Court of the Borough of Lindenwold for any violation of this chapter or any article, section, subsection or provision thereof. Upon conviction in such case, for each and every violation the violator shall be subject to the penalties as set forth in Chapter
1, §
1-1, of this Code. Each day that a violation is permitted to exist shall constitute a separate offense.