As used in this article, the following terms shall have the meanings indicated:
PEDDLER
A person, commonly referred to either as a peddler or hawker, who goes from place to place or from house to house by traveling on the streets and carries with him goods, wares and merchandise for the purpose of selling and delivering them to consumers, or any person who has goods, wares and merchandise of any description sent from place to place or from house to house, by traveling on the streets, for the purpose of selling and delivering them to consumers.
PERSON
An individual, firm, partnership, corporation, voluntary association, incorporated association and principal and agent thereof.
A. 
It shall be unlawful for any peddler to sell, solicit, dispose of or offer any goods, wares or merchandise within the Town of Irvington without first obtaining a license and having paid the license fee hereinafter referred to.
B. 
It shall be unlawful for any peddler to prosecute his business of peddling or hawking within the boundaries of any street within the Town of Irvington. This prohibition applies only to the act or acts of offering, soliciting, selling or delivering merchandise within the boundaries of the streets and not to transportation of merchandise within such streets from place to place.
C. 
It shall be unlawful for any peddler to misrepresent the character or quality of merchandise offered for sale, to importune or otherwise annoy any person for the purpose of effecting or inducing a purchase or to conduct himself otherwise than honestly and courteously.
A. 
The requirements of this article as to procuring a license shall be held not to apply to the following persons, who are expressly exempt:
(1) 
Any person selling fruits, vegetables and other farm products raised or produced on his farm.
(2) 
Any person honorably discharged from the military, naval or marine forces of the United States, holding a license issued according to Chapter 141, P.L. 1904, the supplements and amendments thereto.[1]
[1]
Editor's Note: Currently, see N.J.S.A. 45:24-9.
(3) 
Any person who is an exempt member of a volunteer fire department, holding a license issued under Chapter 133, P.L. 1911, the supplements and amendments thereto.[2]
[2]
Editor's Note: Currently, see N.J.S.A. 45:24-9.
(4) 
Any person who conducts a sale pursuant to statute or court order.
(5) 
Any person who is otherwise exempt by law.
B. 
The exemptions herein granted to honorably discharged soldiers and sailors and exempt firemen shall not in any way relieve their employers of the necessity of securing a license as herein provided.
[Amended 1-13-1981 by Ord. No. MC 2622]
Any person desiring a license under this article shall apply in writing to the Chief License Clerk, Division of Licensing, on forms supplied by him and verified by the applicant, and shall state upon such application the kind or kinds of goods, wares or merchandise to be sold or attempted to be sold by the licensee; the name of the applicant; permanent home address; name and address of firm represented; the names and addresses of the persons from which goods making up the stock were or are to be purchased; three business references; the place or places of residence of the applicant for the preceding three years; the length of time for which the license is desired; whether or not the applicant has been convicted of a crime or misdemeanor or violation of any municipal ordinance and the nature of the offense, if any, for which convicted; and if the applicant is an employee or representative of any person, the application shall contain a verification from the firm for which he purports to work, authorizing the applicant to act as its representative.
[Amended 1-13-1981 by Ord. No. MC 2622; 10-14-2015 by Ord. No. MC 3553]
Following the filing of the application, an investigation shall be made concerning the facts therein set forth. Upon the application's being so presented and approved by the Director of the Department of Revenue and Finance and upon payment of the prescribed fee, the license shall be issued. The license issued shall not authorize any person except the designated person named in said license to engage in business thereunder and shall not be transferable from the person to whom issued to any other person. A separate license must be obtained by a licensed peddler for every agent or employee working for him. Upon the issuing of such license the Chief License Clerk shall furnish the licensee with a plate, badge or other evidence bearing a number corresponding to the number of the license and the year in which it was granted. The plate, badge or other evidence shall be displayed at all times in a conspicuous part of the vehicle used by the licensee, if any, in the conduct of his business, and if no vehicle is used, shall be carried by him and exhibited on demand of any of the citizens of the Town or members of the Public Safety Department thereof. Such license shall be good only in the year in which it is issued; it shall be effective from the first day of January in each year, and any licensee applying for or obtaining a license after January 1 in any year shall pay the license fee for the full year.
[Amended 1-13-1981 by Ord. No. MC 2622]
A. 
The license fees to be imposed under this article for each year shall be $308 initially and $77 annually thereafter. Any person who is the proprietor of any peddling business carried on within the Town of Irvington shall pay a license fee (subject to transfer as hereinafter provided) for each wagon, pushcart, automobile or other vehicle.
[Amended 11-27-1984 by Ord. No. MC 2757; 8-22-1987 by Ord. No. MC 2834; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
B. 
Each license in one classification shall entitle the licensee to peddle the class of goods mentioned in the specific class and also the goods mentioned in each class having a lower license fee but not any goods classified under a higher license fee.
C. 
For each salesman, in addition to the other fees, a fee $49 shall be paid, except that a license for one salesman shall be issued without charge with the license for each wagon, pushcart, automobile or other vehicle.
[Amended 11-27-1984 by Ord. No. MC 2757; 8-22-1987 by Ord. No. MC 2834; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
D. 
Any wagon or automobile license provided for in this article shall be transferable by the licensee to any other wagon or automobile used by such licensee in the class or classes of business for which such license was issued.
E. 
The licenses above provided for may be revoked by the Director of the Department of Revenue and Finance for the violation of any of the provisions of this article, upon notice and hearing; provided, however, that a license may be suspended for not more than two weeks at any one time by the Director of the Department of Revenue and Finance without hearing. Should any license be revoked, no part of the license fee shall be returned.
A. 
In addition to the yearly license provided for herein, licenses may be issued to hawkers or peddlers for special occasions. The manner of applying for and the method prescribed for the issuing of such special license and for the evidence of its having been issued shall be the same as heretofore prescribed and provided for the yearly licenses.
B. 
Such licenses for special occasions shall be effective for a period not to exceed one week or for such shorter period as shall be designated in such particular license. The fee for such license shall be $53. Such licenses may be revoked by the Director of the Department of Revenue and Finance by reason of the violation of any of the provisions of the license or for fraudulent, dishonest or discourteous conduct in carrying on such business. In the case of revocation of license, the license fee paid under the provision of this section shall be returned.
[Amended 1-13-1981 by Ord. No. MC 2622; 11-27-1984 by Ord. No. MC 2757; 8-22-1987 by Ord. No. MC 2834; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
[Amended 1-13-1981 by Ord. No. MC 2622]
Any person or persons violating any of the provisions of this article shall, upon conviction thereof, be punishable as provided in the general penalty provisions as set forth in Article IV of this chapter.