[1932 Revision, Title 8, Ch. 2, § 1; G.O. No. 498,
§ 1]
The Town Council may grant licenses in writing, to be signed
by the Mayor and countersigned by the Town Clerk, to such persons
as they shall think proper, of good moral character and otherwise
qualified, according to the provisions of this article, to keep and
use for hire, carts, wagons, trucks, drays or other vehicles for the
transportation of merchandise, goods or articles of any description
within the Town and to such persons of good moral character, and otherwise
qualified according to the provisions of this article as they shall
think proper, to carry on the business or to act in the capacity of
transient merchant, hawkers, peddlers, itinerant vendors, auctioneers,
pawnbrokers, junk shop keepers and junk dealers not having permanent
and fixed places of business.
Except as otherwise provided in this article, all such licenses
shall expire one year from the date of issue.
[1932 Revision, Title 8, Ch. 2, § 2; G.O. No. 498,
§ 2; G.O. No. 509; G.O. No. 594; G.O. No. 870]
There shall be charged to each person licensed under this article,
and paid to the Town Clerk for the use of the Town, at the time of
issuance of the license, the following fees:
(a)
Carts, wagons, trucks and drays. For each cart, wagon, truck or dray,
$5.
(c)
Transient merchants. For each transient merchant, as such term is
defined in Section 45:24-1 of the revised statutes, $200 for each
building, structure, vacant lot or other premises used for the exhibition
and sale of goods, wares and merchandise. This fee is imposed for
the purpose of revenue.
(d)
Auctioneers. For each auctioneer, $100. Every license to an auctioneer
shall be taken and considered to have been granted upon the condition
that no auction sale shall be conducted by such licensed auctioneer
unless- the conditions of sale shall first have been submitted to
the Mayor and Council and approved by resolution of the Council, signed
by the Mayor. No such license shall be granted until the applicant
shall have filed with the Town Clerk a bond in the sum of $5,000,
signed by a surety company authorized by law to do business in the
state, with the condition thereunder written that the licensee, his
Clerks, agents and servants will fulfill all conditions of any auction
sale and will obey and conform to all laws of the state, and all provisions
of this Code and other ordinances of the Town relating to the business
of auctioneers. Every such license shall be revocable for sufficient
cause after a hearing.
This Subsection (d) shall not be applicable to any sale conducted by trustees in bankruptcy, executors, administrators, receivers or other public officer acting under judicial process.
A special license permit shall be issued by the Town Clerk to
any duly licensed auctioneer to conduct an auction of household effects
for one day only, the date to be set forth in the permit. The fee
for issuing such permit shall be $1. Where the sale cannot be completed
upon the date stated in the permit, it may be continued for one additional
day upon being endorsed by the Town Clerk for a date to be specified
thereon, and the payment of a further fee of $1. No personal property
which shall have been on the premises less than 30 days prior to the
application for a permit shall be offered for sale under such special
one day license permit.
(e)
Pawnbrokers. For each pawnbroker, $50.
(f)
Junk shop keepers. For each junk shop keeper, with the privilege
of using one wagon or cart, $10.
[1932 Revision, Title 8, Ch. 2, § 3]
Every person licensed as a vendor, cartman or junkman pursuant
to this article shall, on procuring such license, obtain from the
Town Clerk two plates, to be furnished by the Town, indicating the
number of such license, and shall cause one of such plates to be immediately
fastened, by firmly screwing or nailing the same, in a conspicuous
place on each side of the truck, cart, wagon, dray or other vehicle
so licensed.
[1932 Revision, Title 8, Ch. 2, § 4]
All licenses granted pursuant to this article shall be shown,
on demand, to any member of the Town Council or the police force.
No person shall refuse to show his license or mutilate, disfigure,
loan or sell his license, badge or plate.
[G.O. No. 554, §§ 1, 3]
Every pawnbroker doing business within the Town and every person
whose business in the Town consists wholly or in part of buying and
selling of old gold or silver, or secondhand wearing apparel, jewelry,
bric-a-brac, ornaments, articles of personal adornment, firearms and
musical instruments, shall provide and keep a book in which shall
be fairly written, at the time of each purchase or acceptance of pledge
of any used article made of gold or silver or any such secondhand
articles as are enumerated above, an accurate description of the article
so purchased or pledged, including any and all distinguishing marks
and numbers, and a description of the seller or pledgor, stating his
race, sex, age and approximate height; also his name and address.
Such book shall, at all reasonable times, be open to the inspection
of the Mayor and Chief of Police and of any person who shall be duly
authorized in writing for that purpose by either one of such officials
and who shall exhibit such written authority to the person in charge
of such pawnshop, store or place of business. The proprietor of any
such business shall, by noon of the first business day following the
time of accepting any such pledge or making any such purchase, deliver
to the Chief of Police or other head officer in charge of police headquarters,
a complete record of each such transaction as recorded in such book.
It shall be unlawful for any person engaged in or carrying on
the business of a pawnbroker or whose business in the Town consists
wholly or in part of buying and selling old gold or silver or any
such secondhand article, as is enumerated in the first paragraph of
this section, to sell or dispose of any such article so accepted in
pledge or purchased within a period of 20 days after such purchase
or acceptance, or to fail to note on his record, after the sale of
any such article, for the inspection of the Police Department, the
name and address of the purchaser thereof.
[1932 Revision, Title 8, Ch. 2, § 5; Ord. No. 503;
G.O. No. 1336, § 1]
The provisions of this article apply with equal force to peddlers, hawkers or itinerant vendors utilizing carts, wagons, trailers or pushcarts or other non-motorized conveyances in the conduct of their business except that the requirements for insurance as set forth in Subsection 9-7.1 shall not apply to a non-motorized conveyance. The fee for each such cart, wagon, trailer or pushcart shall be $150.
Nothing in this article shall be construed to require a license
for the sale by any person of the produce of his farm or the use of
a wagon or other vehicle for the delivery of any merchandise from
their store or place of business in the Town.
[G.O. No. 1236, § 1]
No license shall be issued to any hawker, peddler, or itinerant
vendor proposing to utilize an automobile, truck or other motor vehicle
on the public highways and streets within the Town in conducting his
business until such hawker, peddler, or itinerant vendor, or owner
of any motor vehicle to be operated by such hawker, peddler or itinerant
vendor shall have filed with the Town Clerk a public liability and
property damage insurance policy in the standard form insuring such
motor vehicle and its operator which shall comply with the following
requirements:
(a)
An insurance policy of an accredited insurance company authorized
to transact the business of casualty insurance in the state and acceptable
to the Town, covering each vehicle to be utilized, which policy shall
cover the period included in the license to be issued by the Town.
Each such policy shall run concurrently with the fiscal year for which
a license has been issued.
(b)
Such insurance policy shall insure the owner and operator of such
vehicle with a minimum limit for each accident for bodily injury of
$100,000 to any one individual or total of $300,000 for all persons
injured (or if single limit, $300,000, with a property damage loss
in the minimum amount of a $100,000.
(c)
Each such insurance policy shall name the Town of Westfield as a
party and shall contain a provision to the effect that the same cannot
be cancelled, except on at least 30 days' notice in writing by the
insurance company to the Town Clerk of the intention of such insurance
company to cancel the same.
(d)
In the event that any insurance policy covering any such vehicle
shall lapse or shall be cancelled by the issuing company, then the
license issued by the Town shall thereupon become void, and the owner
or operator of such vehicle shall be required to immediately surrender
such license to the Town Clerk.
[G.O. No. 1336, § 2]
It shall be unlawful for any peddler, hawker or itinerant vendor
offering merchandise, food, etc., for sale from a motorized or non-motorized
conveyance, to sell or offer for sale any merchandise, food, etc.,
in the area of the Town of Westfield designated on the zoning map
as the B-1 or B-2 zone, these being the central business districts
of the Town of Westfield.
Except by permit issued by the recreation division for park
facilities, it shall be unlawful for any peddler, hawker or itinerant
vendor offering merchandise, food, etc. for sale from a motorized
or non-motorized conveyance to park or stop any such automobile, truck,
motor vehicle, cart, wagon, pushcart, trailer or other conveyance
at one location for more than one hour.
