[Adopted 8-4-1997 by Ord.
No. 97-2479 as Ch. 251 of the 1996 Township Code]
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
A.
Any person desiring a license shall file with the Police Department
an application containing the following information:
(1)
The applicant's name, home and business address and local address,
if any.
(2)
The place or places of residence of the applicant for the preceding
three years.
(3)
The physical description of the applicant, setting forth the applicant's
age, sex, height, weight, complexion, color of hair and eyes and any
other distinguishing physical characteristics.
(4)
The name, address and principal or registered office in this state,
if any, of the person, firm, organization or corporation for or through
whom or under whose auspices the applicant is authorized to conduct
such activity; or a statement that the applicant is engaged in such
activity solely in his own behalf, if such be the case.
(5)
A brief description of the type or types of articles or services
to be sold or furnished.
(6)
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of municipal ordinance involving
moral turpitude and, if the applicant has been so convicted, the nature
of the offense or offenses and the penalty or penalties imposed therefor.
(7)
If the applicant is not engaged in the proposed activity solely in
his own behalf, there must be attached to the application a letter
of authorization from the person, firm, organization or corporation
for or through whom or under whose auspices the applicant seeks a
license to conduct such activity, together with sample copies of the
order or receipt form or forms to be used by him in connection with
such activity.
(8)
Three photographs of the applicant, which shall be approximately
two inches by two inches, showing the head and shoulders of the applicant
in a clear and distinguishing manner, taken within 60 days of the
filing of the application.
(9)
One set of fingerprints of each applicant.
(10)
The license and registration number of vehicle being used.
B.
Applications for partners shall be signed by all of the partners,
with the foregoing provisions of this section answered in detail as
to each said partner. Applications of corporations shall have attached
thereto statements in accordance with the foregoing provisions of
this section relating to each and every employee, agent or servant
who shall engage in any of the activities authorized by this chapter,
which shall be signed by each such agent, servant or employee.
A.
Following the filing of the application, the Chief of Police shall
cause such investigation of the applicant's business responsibility
and moral character to be made as he deems necessary for the protection
of the public good.
B.
If, as a result of such investigation, the applicant's moral
character and business responsibility are found to be satisfactory,
the Chief of Police shall endorse his approval for a license to be
formally issued by the Township Clerk upon payment of the license
fee.
C.
If, as a result of such investigation, the applicant's moral
character or business responsibility is found to be unsatisfactory,
the Chief of Police shall endorse his disapproval or rejection and
the license shall not be issued.
D.
The applicant's moral character and business responsibility
shall be deemed unsatisfactory only where the investigation of the
Chief of Police disclosed something tangible by the way of conviction
for a crime involving moral turpitude, a determination of previous
fraudulent acts or conduct, concrete evidence of bad character or
false information contained in the application for a license.
A.
Before a license shall issue, the applicant shall execute and deliver
to the Township Clerk a good and sufficient bond with good and sufficient
surety, to be approved by said Clerk, equal in amount to 25% of the
value of the stock of personal property shown in the declarations
and disclosures required under the provisions of this chapter. In
no event shall said bond be less than $1,000 in amount. The bond shall
remain in force for one year and be conditioned to indemnify and pay
the Township any penalties or costs incurred in the enforcement of
any of the provisions of this chapter and the statutes of New Jersey
and to indemnify or reimburse any purchaser of such personal property
in a sum equal to at least the amount of any payment such purchaser
may have been induced to make through the misrepresentation as to
the kind, quality or value of such personal property, whether said
misrepresentations were made by the owners or their servants, agents
or employees, either at the time of making the sale or through any
advertisement printed or circulated with reference to such personal
property or any part thereof.
B.
The bond shall be declared forfeited upon conclusive proof of:
(1)
Falsification in application for a license.
(2)
Willful violation of any of the provisions of this chapter.
(3)
Removal from the Township within a year after opening the business
premises without payment of the license fee or fees required of transient
merchants or merchant peddlers. The bond of every merchant continuously
conducting a vending business for more than one year shall be canceled
and no further bond shall be required of him under 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.
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.
A.
There shall be kept in the office of the Township Clerk the necessary
books for recording the time the application for license is received,
whether new or renewal, name of licensee, regular number or blank
form, when the applicant was approved by the Chief of Police, the
amount of fee received therefor and the date when the license was
issued.
B.
The Police Department shall file a report monthly with the Township
Committee showing the number of licenses granted and the amount of
fees received therefor. The report shall state the number of licenses
suspended or revoked and the reasons for such suspension or revocation.
The Police Department shall compile a summary of the licenses granted
under this chapter during a single year and report such at the final
meeting of the Township Committee.
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.
A.
Upon the expiration of any license issued under the provisions of
this chapter, the holder thereof shall surrender the same to the Police
Department within 24 hours. Upon notice of the cancellation or revocation
of any license issued under the provisions of this chapter, the holder
shall surrender the same to the Police Department within 24 hours
after notice of such cancellation.
B.
The holder shall have such license in his possession at all times
and shall exhibit the same at any time upon request by a Township
official, police officer of the Township or by any purchaser or prospective
purchaser.
C.
In those areas within the Township that licensees may be permitted
to operate and conduct their business operations as provided herein,
no such licensee shall be permitted to vend, sell or expose for sale
any wares, goods or merchandise subsequent to 8:00 p.m.
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.
