[Adopted 12-26-1975 by Ord. No. 700 as § 4-2 of
the 1975 Revised General Ordinances (Ch. 190, Art. I, of the 1986
Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any person who engages in the selling of wares, merchandise
or services from place to place, meeting and dealing with people where
he finds them and not maintaining a permanent place of business, nor
having a definite place of sale, within the confines of the Borough,
equipped to sell the goods, wares or merchandise or to perform the
services intended to be performed.
The going about of a merchant from place to place, meeting
and dealing with his customers where he finds them.
Any person who engages in temporary or transit merchandising
business and not maintaining a permanent place of business within
the confines of the Borough.
No person shall carry on a business of itinerant vendors, itinerant
peddlers or itinerant merchants in the Borough without first having
procured a license from the Borough to do so or without complying
with any and all of the provisions of this article.
All applications for licenses under this article shall be made to the Chief of Police, who shall issue the license upon satisfactory completion of the investigation required by § 343-3 and upon payment of the required fee. In addition to the information required by § 343-2, the applicant shall furnish a photograph and submit to fingerprinting when so requested by the Police Department.
[Amended 10-20-1986 by Ord. No. 86-16[1]]
The license shall remain in full force and effect for a period
of 180 days from its date of issuance.
The sum of $250 shall be paid by the applicant for each and
every individual to be licensed under this article. Each firm or corporation
shall be required to obtain an individual license for each person
engaged in itinerant mercantile business in the Borough. No refund
shall be made on any license fee on account of cessation of business
after the license shall have been issued. The Mayor and Council reserve
the right to waive the fee.
A.
This article shall not be construed to include:
(1)
The delivery of milk, eggs, bread, newspapers or such other necessary
and perishable articles of food or merchandise of the type commonly
delivered on a house-to-house basis at intervals of less than one
week.
(2)
Any person who sells goods, wares or merchandise or renders services
wholly for the benefit of charitable, religious, philanthropic or
educational purposes and who derives no profit, either directly or
indirectly, from such business.
B.
Any veteran or exempt volunteer fireman who holds a special license
issued pursuant to N.J.S.A. 45:24-9 shall be exempt from the license
fee herein but shall be required to comply with all other applicable
sections of this article.[1]
[1]
Editor's Note: Original Subsection 4-2.7, Bond Required,
and Subsection 4-2.8, Chief of Police as Agent, which immediately
followed this section, were repealed 10-20-1986 by Ord. No. 86-16.
A.
Every person licensed under this article shall confine the itinerant
vending, peddling or hawking of goods, wares or merchandise to daylight
hours and shall not conduct the licensed business in an unlawful manner
or in such a manner as to constitute a breach of the peace or a menace
to the health, safety or general welfare of the public.
B.
No itinerant vendor or peddler shall have exclusive right to any
location, nor shall he be permitted to operate in any congested area
where his operations might impede or inconvenience the public. For
the purpose of this subsection, the judgment of a police officer exercised
in good faith shall be deemed conclusive as to whether the area is
congested or the public impeded or inconvenienced.
C.
The equipment used or employed by peddlers of ice cream, foods, beverages,
confections and other related commodities shall be maintained in a
clean and sanitary manner and be subject to the inspection of the
Board of Health or its authorized agents. Any violation found and
not immediately corrected shall be grounds for revocation of the license.
[Added 10-20-1986 by Ord. No. 86-16[1]]
Any transient merchant or itinerant vendor who fails to comply
with the requirements of this article or any part thereof, or makes
a false or fraudulent representation in any statement required by
this article to be filed by him, or falsely represents by advertising
or otherwise that such personal property is in whole or in part damaged
goods saved from fire, or makes any false statement as to the previous
history or character of such personal property, shall be subject to
a fine of not less than $25 nor more than $200, or may be committed
for a period not exceeding 90 days, or both.
