[Adopted 11-5-69 by Ord. No. 129-69]
As used in this Article, the following terms shall have the meanings indicated:
PEDDLER
A person commonly referred to as either 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.
This Article is enacted for the purpose of raising revenue, and for the further purpose of regulating and controlling peddlers within the city. The revenue derived from the imposition of the license fees set out in this Article shall be used for the general purposes of the city.
A. 
It shall be unlawful for any peddler to sell, solicit or dispose of or offer any goods, wares or merchandise, within the city, without first obtaining a license therefor and having paid the license fee as prescribed in this Article.
B. 
The requirements of this Article as to procurement of a license shall be held not to include the following persons, who are expressly exempt:
(1) 
Any person honorably discharged from the military, naval or marine forces of the United States, holding a license issued according to N.J.S.A. 45:24-9.
(2) 
Any person who is an exempt member of a volunteer fire department, holding a license issued pursuant to N.J.S.A. 45:24-9.
(3) 
Any person who conducts the sale pursuant to statute or court order.
(4) 
Any person who is otherwise exempt by law.
(5) 
Those engaged in interstate commerce.
[Amended 10-19-82 by Ord. No. 31-82[1]]
A. 
Any person desiring to obtain a license under this Article shall apply, in writing, to the Director of Finance on forms approved by the Chief of Police and, where applicable, the Department of Health and verified by the applicant and shall state upon such application the kinds of goods, wares or merchandise to be sold or attempted to be sold by the licensee; the name of the applicant; his permanent home address; the name and address of the firm represented; three (3) business references; the places of residence of the applicant for the preceding three (3) years; the length of time for which the license is desired; whether or not the applicant has been convicted of a crime or disorderly or petty disorderly offense or violation of any municipal ordinance and the nature of the offense, if any, for which convicted; and, if the applicant is an employee of any other person, and authorization from the person from whom he purports the work authorized and the applicant to act as his representative.
B. 
Notwithstanding anything to the contrary in Article II, no license shall be issued without authorization and approval of the Department of Health for the following classes of businesses: peddlers of ice, peddlers of fruits and vegetables, peddlers of bread, cakes, pastries and pies, peddlers of dairy products, butter, cheese, eggs and poultry (milk excepted), peddlers of meat and groceries, peddlers of candy, soft drinks, sandwiches, box lunches and cigars, peddlers of ice cream or ice cream combinations and peanut vendors with a wagon, vehicle or pushcart.
[1]
Editor's Note: Section 5 of this ordinance reads as follows: "Section 5. All licenses duly issued and in force on the effective date of the amendments of this ordinance shall continue in force until the expiration or renewal thereof."
A. 
Following the filing of an application under this Article, the Chief of Police shall investigate the facts set forth in such application and, where appropriate, shall be in conjunction with an investigation with the local Department of Health and, upon the application being approved by the Chief of Police and the local Department of Health, and further upon the payment of the prescribed fee, the license shall be issued by the Director of the Finance Department.
[Amended 10-19-82 by Ord. No. 31-82]
B. 
The license issued shall not authorize any person, except the designated person named in such license, to engage in business thereunder and shall not be transferable from the person to whom issued to any other person. A separate license shall be obtained by a licensed peddler for every agent or employee working for him.
C. 
Upon the issuing of such license, the Finance Department shall furnish the licensee with a plate, badge or other evidence bearing 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, pushcart, wagon or other instrument from which the licensee's business is conducted and used, if any, in the conduct of said business, and if no vehicle is used, shall be carried by him and exhibited upon demand of any of the citizens of the city or members of the Police Department or local Department of Health.
[Amended 5-18-82 by Ord. No. 16-82; 10-19-82 by Ord. No. 31-82]
D. 
Such license shall be good only in the year in which it is issued and shall be effective from the first day of January in each year. Any licensee applying for and obtaining a license after January 1 in any year shall pay the license fee for the full year and shall not be allowed any rebate or refund if the licensee surrenders the license before the expiration of the year.
[Amended 5-18-82 by Ord. No. 16-82]
The license fee payable by any licensee to whom a license has been issued pursuant to the provisions of this Article shall be as follows:
A. 
Any wagon, automobile or any other vehicle used in the business of peddling or hawking shall be subject to the license fee as provided in Chapter 88, Fees, for the various classes of businesses enumerated:
(1) 
Peddlers of ice.
(2) 
Peddlers of shrubbery, plants, bulbs and products of the nursery.
(3) 
Peddlers of fruits and vegetables.
(4) 
Peddlers of house-furnishing goods.
(5) 
Peddlers of bread, cakes, pastries and pies.
(6) 
Peddlers of dairy products, butter, cheese, eggs and poultry (milk excepted).
(7) 
Peddlers of meat and groceries.
(8) 
Peddlers of candy, soft drinks, sandwiches, box lunches and cigars.
(9) 
Peddlers of ice cream or ice cream combinations.
(10) 
Peddlers with a wagon, wheelbarrow, pushcart, automobile or other vehicle, selling any article not provided for above, except farm products, each vehicle.
(11) 
Peanut vendors with a wagon, vehicle or pushcart.
(12) 
Grinders with a wagon, vehicle or pushcart.
B. 
For each salesman, in addition to the above fee, the fee as provided in Chapter 88, Fees, except that a license for one (1) salesman shall be issued without charge with the license for each wagon, automobile or other vehicle.
[Amended 10-19-82 by Ord. No. 31-82]
Any of the licenses provided for in this Article, after the same have been issued, may be suspended for not more than two (2) weeks by the Chief of Police or the local Department of Health by reason of a violation of the terms of the provisions of this Article, or where applicable, violations of ordinances or local rules and regulations concerning the health, safety and sanitary conditions or as may otherwise be set forth in the New Jersey State Sanitary Code as promulgated by the Public Health Council of the State of New Jersey and may thereafter be revoked, unless the City Council shall reinstate the license after a hearing. Should the licensee fail to request such a hearing within two (2) weeks from the date of the suspension of the license, the license shall thereafter be void. In the case of revocation of the license, no part of the license fee shall be returned.
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.
[Added 5-18-82 by Ord. No. 16-82]
Any person who violates any of the provisions of this Article shall, upon conviction thereof, be subject to a fine not exceeding five hundred dollars ($500.) or imprisonment for a period not exceeding ninety (90) days, or both.