As used in this article, the following terms shall have the
meanings indicated:
TRANSIENT MERCHANT
A person commonly referred to either as a "transient merchant"
or "itinerant vendor" who engages temporarily in business in this
Township by occupying a room, building, tent, lot or other premises
for the purpose of selling goods, wares and merchandise. "Transient
merchant" shall also include any person who conducts any traveling
or street show, carnival or circus and in connection therewith sells
or displays for sale any goods, wares or merchandise.
TRANSIENT MERCHANT PEDDLER
A person who engages in business in the manner defined above
and in pursuit thereof becomes a peddler or hawker or hires a peddler
or hawker.
The purpose of this article is to prevent unfair competition
and dishonest business practices by the regulation of transient merchants
and transient merchant peddlers.
It shall be unlawful for any transient merchant or transient
merchant peddler to sell or dispose of or to offer to sell or dispose
of any goods, wares or merchandise without first applying for and
securing a license as hereinafter provided.
The following persons are exempt:
A. Wholesalers, growers of fruits, vegetables and farm products raised
wholly and exclusively by the vendor within the State of New Jersey,
holders of special privileges and all persons exempted by operation
of law, provided that such person or persons comply with all other
sections of this chapter.
B. Any honorably discharged soldier, sailor, marine, nurse or army field
clerk of the United States as provided in N.J.S.A. 45:24-9, provided
that such person holds a special license issued by the clerk of the
county in which he resides pursuant to N.J.S.A. 45:24-10, and provided
also that such person complies with all other sections of this chapter.
C. Any person who conducts a judicial sale under the authority of state
or national laws.
D. Any person who is an exempt member of a volunteer fire company as
defined in N.J.S.A. 45:24-9, provided that such person complies with
all other sections of this chapter.
Before a license shall be issued, the applicant shall file with the Township Clerk an instrument in writing, nominating and appointing the Township Clerk his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of said applicant in respect to any matters connected with or arising out of the license and the bond given as required by the provisions of §
362-22 of this chapter, or for the performance of the conditions of the bond or for any breach thereof. It shall also contain recitals to the effect that the applicant consents and agrees that service of any notice or process may be made upon said agent and, when so made, shall be as valid as if personally served upon the applicant according to the laws of this or any other state and waiving all claim or right of error by reason of such acknowledgment of service or manner of service.
A transient merchant and transient merchant peddler, before
offering for sale any goods, wares, merchandise or bankrupt stock,
shall make, under oath, a declaration to the Township Clerk of the
number of days he proposes to engage in such business, together with
a specific statement as to the location of such personal property
by street and number and whether on the premises from which they are
to be sold or in warehouses or storage.
[Amended 8-4-1997 by Ord.
No. 97-2479]
The fee schedule shall be as follows:
A. An application fee as set forth in Chapter
240, Fees, shall be paid at the time of filing the license application and shall apply to each individual who makes an application for a license. Said fee shall cover the cost of investigation of the facts therein stated.
B. The license fee for a transient merchant shall be as set forth in Chapter
240, Fees; except that, in the event that the transient merchant shall operate in the nature of a traveling or street show, carnival or circus, the fee shall be as set forth in Chapter
240, Fees, for each traveling show, carnival or circus, and this fee shall apply whether such traveling or street show, carnival or circus be held under canvass or buildings or in the open.
C. The license fee for a transient merchant peddler shall be as set forth in Chapter
240, Fees.
Each license issued shall be consecutively numbered. The license
shall contain blank spaces for writing in the name of the licensee
and the amount of the fee paid.
Every person holding a license under this chapter shall display
the license certificate in a prominent place of his business premises.
Any license issued hereunder may be suspended by the Police
Department for any infraction or violation of the terms of the license,
or of any Township ordinance or state or federal statute, or falsification
in applying for a license. The suspension shall become effective immediately
and shall state that opportunity for a hearing will be given at a
time, within 16 days from date of notice, before the Township Committee,
which, upon a finding of such a violation, may revoke the license,
and in event of failure of licensee to appear, the license shall automatically
be revoked and canceled.
No license shall authorize any person, except the person named
in said license, to engage in business thereunder. No license shall
be transferable to any other person. Each license shall authorize
the licensee to conduct business only at the location which is indicated
therein.
[Amended 8-22-1988 by Ord. No. 2063; 5-1-2006 by Ord. No. 2006-2876]
Any person adjudicated as having violated any provision of this article shall be subject to the penalties in Chapter
1, General Provisions, §
1-4, of this Code.