No transient merchant or itinerant vendor shall offer any goods,
wares or merchandise for sale prior to paying the license fee set
forth in this chapter to the Township Clerk and obtaining a license
from the Township Clerk. The Township Clerk is hereby designated as
the licensing official to receive applications and bonds from and
to issue licenses to transient merchants and itinerant vendors. A
license issued under this article shall remain in effect, in favor
of the person to whom it is issued, for a period of 180 days from
the date of issuance.
All transient merchants or itinerant vendors shall, before offering
for sale any personal property, make a declaration, under oath, to
the Township Clerk of the number of days they propose to engage in
such business, together with a specific statement as to the location
of said personal property by street and number and whether on the
premises from which it is to be sold or in warehouses or storage.
A.
All applications for licenses shall be sworn to and shall disclose:
(1)
The name and residence address of the owner or person in whose interest
such business is conducted.
(2)
The average quantity and kind, as nearly as can be determined, and
the value of the personal property intended to be sold or exposed
for sale.
(3)
The names and post office addresses of the persons from whom goods
making up the stock were or are to be purchased. The Township Clerk,
in arriving at the valuation, may require the submission of bills
or invoices of such personal property.
B.
A separate license shall be obtained for each branch, establishment
or separate place of business in which the occupation of the transient
merchant or itinerant vendor is carried on, and each license shall
authorize the licensee to carry on, pursue or conduct the business
of a transient merchant or itinerant vendor only at the location indicated
thereby.
Before the license shall issue, the applicant shall execute
and deliver to the licensing official of the municipality a good and
sufficient bond with good and sufficient surety, to be approved by
the Township Clerk, equal in amount to 25% of the value of the personal
property shown in the declarations and disclosures required under
this article, but in no event shall the bond be less than $1,000.
It shall remain in force for one year and be conditioned to indemnify
and pay the municipality any penalties and costs incurred in the enforcement
of any of the provisions of this article and to indemnify and reimburse
any purchaser of 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
the personal property, whether the 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 part thereof.
Before a license shall issue, the applicant shall file with
the Municipal Clerk a power of attorney appointing the licensing official
as his true and lawful agent with full power and authority to acknowledge
service or notice of process for or on behalf of the applicant in
respect to any matters connected with or arising out of the license
and the bond given as required by this article or for the performance
of the conditions of the bond or 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 such agent
and when so made shall be as valid as if personally served upon the
applicant according to the laws of this state or any other state and
waiving all claim or right of error by reason of such acknowledgment
of service or manner of service.
Nothing in this article shall apply to or require the obtaining
of a license by any charitable or religious society that shall conduct
sales of personal property when the proceeds thereof shall be applied
to the payment of the expenses thereof and to the charitable or religious
object for which the society exists; nothing in this article shall
apply to or require the obtaining of a license by any art, antique
or historical society that shall conduct an exhibition and sale of
art objects, pictures, paintings, prints, historical articles and
furniture generally known and designated as "antiques" and "kindred
objects"; and nothing in this article shall apply to or require the
obtaining of a license by any agricultural show, fair or garden society
selling or closing out certain of their exhibits, if such society
was an incorporated association not for pecuniary profit of this state
prior to March 26, 1935, or, if incorporated subsequent thereto, such
society shall have a bona fide membership of at least 100 persons.
Every person conducting any activity falling under the provisions
of this article or N.J.S.A. 45:24-1 et seq. shall comply with all
of the provisions of N.J.S.A. 45:24-1 et seq.
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 imprisoned for a
period not exceeding 90 days, or both.[1]
