[Adopted 3-10-2014 by Ord. No. 3-2014]
As used in this article, the following terms shall have the
meanings indicted:
Includes patriotic, religious, benevolent, educational, civic
or fraternal corporations, organizations, associations, societies
and the like.
A person who sells or collects goods or services, the proceeds
of which are devoted exclusively to the purpose of a philanthropic,
charitable or religious society on whose behalf he acts as agent.
A person who goes from place to place, also known as a "hawker,"
by traveling on the street or from house to house and who carries
with him goods, wares and merchandise for the purpose of selling and
delivering them to consumers or buyers.
Any individual, firm, partnership, corporation, voluntary
association, church, religious denomination, society, political association,
incorporated association or agent thereof.
A person who goes from house to house selling or buying goods,
wares or merchandise by sample, or taking orders for future delivery,
or selling a service to be rendered in the future, with or without
accepting advance payment for the goods, wares, merchandise or services,
or any person requesting, directly or indirectly, money, credit, property,
financial assistance and other things of value on the representation
that same will be used for a charitable or philanthropic purpose.
The purpose of this article is to prevent fraud, crime and dishonest
business practices. All application fees are not charged as revenue
but for the purpose of covering the expenses incurred in the regulation
and control of licenses and permits.
It shall be unlawful for any peddler, non-profit-making vendor,
solicitor or other person to sell, buy or dispose of, or offer to
sell or dispose of, any goods, wares, merchandise or services or to
contract for service to be rendered or to take or offer to take orders
for any goods, wares, merchandise or services to be rendered or delivered
in the future or to solicit for charitable and philanthropic purposes
within the City of Corbin City without first obtaining a license therefor
as provided in this article.
A.
Any person desiring a license for the purposes herein mentioned in
this article shall file an application with the City of Corbin City
in duplicate and sworn to by the applicant which shall include:
(1)
The name and permanent address of the applicant.
(2)
The age, weight and height of the applicant.
(3)
A description and registration number of the vehicle(s) to be used
by the applicant, if any.
(4)
The name and address of the employer or charitable or philanthropic
organization.
(5)
The nature of the business to be conducted and type of merchandise
to be sold or services to be solicited, or the nature of the charitable
and philanthropic solicitation, as the case may be.
(6)
The length of time for which the license is desired.
(7)
At least three business or character references.
(8)
All places where the applicant has resided for a period of five years
immediately prior to making the application.
(9)
Whether the applicant has ever been convicted of a crime or as a
disorderly person or of any violation of any ordinance regulating
peddlers, hawkers, solicitors or canvassers, stating the date of each
such conviction, name of the court, violation charged in the complaint
and the disposition thereof.
B.
All such applications shall also be accompanied by:
(1)
A letter or written statement from the individual, firm, corporation
or organization employing or authorizing the applicant to act on its
behalf, certifying that the applicant may make such application.
(2)
A recent photograph of the applicant taken within one year of the
date of application and whose dimensions shall be approximately passport
size.
(3)
An appropriate New Jersey sales tax certificate, which is nonassignable
and nontransferable.
(5)
Submit
certificate of insurance to be in compliance with N.J.S.A. 40A:10A-1.
[Added 5-8-2023 by Ord. No. 9-2023]
When said application is properly filled out and signed by the
applicant and all accompanying information provided, the City of Corbin
City shall investigate the statements made therein, as well as the
information provided, and the City Clerk shall present such application
for approval or disapproval of the governing body at its next regularly
scheduled meeting. When a fee is required under this article, the
applicant shall pay the requisite fee to the City Clerk at the time
of the submission of the application.
Upon approval of the governing body and upon payment of the
required fee, the City Clerk shall issue to the applicant a license,
which shall be in the form of a writing bearing the name of the licensee,
the purpose for which it was issued, the date of expiration and the
signature of the City Clerk. All licenses shall expire on December
31 of each year and, once issued, shall not be transferable or assignable
to any person.
Every licensee shall be required to carry the license in his/her
possession while engaged in the business. The licensee shall produce
his/her license at the request of any person solicited or any official
of the City.
A.
The following persons are expressly exempt from the payment of any
license fees:
(1)
Non-profit-making vendors.
(2)
Charitable and philanthropic organizations and their authorized representatives.
(3)
Candidates for any public office and persons accompanying such candidates.
(4)
Any person honorably discharged from the military service of the
United States, possessing a peddler's license issued pursuant to N.J.S.A.
45:24-9 and 45:24-10.
(5)
Any person who is an exempt fireman, as defined by N.J.S.A. 45:24-9
and 45:24-10.
B.
Any of the foregoing persons claiming an exemption under this section
shall indicate on the application the status claimed. An exempt fireman
or veteran pursuant to N.J.S.A. 45:24-9 and 45:24-10 shall exhibit
to the City Clerk a copy of the license issued by the Clerk of the
County pursuant to N.J.S.A. 45:24-10.
A.
Licenses issued under this article may be revoked by the City Clerk
after notice and hearing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement in the application for
the license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on the licensed business or solicitation in the City.
(3)
Any violation of this article.
(4)
Conviction of any crime involving moral turpitude or a violation
of any ordinance concerning peddling, hawking, soliciting or canvassing.
(5)
Conducting the licensed business or solicitation in the City in an
unlawful manner or in such a manner as to constitute a menace to the
health, safety or general welfare of the public.
B.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be given personally
or mailed to the licensee at his/her last known address at least five
days prior to the date set for hearing.
C.
Any such license may, pending revocation proceedings, be suspended
for not more than 30 days by the City Clerk if, in his/her opinion,
the conduct of the licensee is determined to be a hazard to the health,
safety and welfare of the City.
No soliciting or canvassing activities shall be conducted before
10:00 a.m. or later than 9:00 p.m. on any day.
In addition to the revocation or suspension of the license granted under this article, any person who violates any provision of this article shall, upon conviction thereof, be subject to the general fines and penalties set forth in Chapter 103 of the Corbin City Code.
