[HISTORY: Adopted by the Board of Commissioners (now the
Council) of the City of Perth Amboy 12-22-47 as Ord.
No. C-376. Sections 275-2, 275-10 and 275-15 amended
at time of adoption of Code; see Ch. 1, General Provisions. Other
amendments noted where applicable.]
It shall be unlawful for any person, firm or corporation to
commence or carry on any profession, vocation, trade, business, calling
or occupation in this chapter specified, in the City of Perth Amboy,
without first having obtained a license from the city so to do or
without complying with any and all provisions concerning the same
contained in this chapter or in any other ordinance heretofore or
hereafter adopted by the City of Perth Amboy in full force and effect;
and the carrying on of any profession, vocation, trade, business,
calling or occupation mentioned in this chapter without first having
procured a license from said city so to do or without complying with
any and all of the provisions concerning the same contained in this
chapter or in any other ordinance heretofore or hereafter adopted
by the City of Perth Amboy in full force and effect shall constitute
a separate violation of this chapter for each and every day that such
profession, vocation, trade, business, calling or occupation is so
carried on.
[Amended 9-28-2011 by Ord. No. 1590-2011]
The license fees, which are fixed for the purpose of raising
revenue and for regulation and control, to be paid annually, unless
otherwise provided herein, to the City of Perth Amboy for conducting
or engaging in any of the professions, vocations, trades, businesses,
callings or occupations hereinafter named, at the places to be designated
in the license certificate issued therefor, or in using any wagon,
vehicle, stand, store or place or thing, or for the sale of any goods
or thing, or for the type of service hereinafter designated, are hereby
fixed as follows:
|
Occupation or Activity
|
Fee
|
|---|---|
|
Auction sales, per day
|
$100.00
|
|
Auto wrecker
|
$25.00
|
|
Automatic soft drink or soda dispensing machines:
| |
|
For coins up to 5¢
|
$5.00
|
|
For coins over 5¢
|
$25.00
|
|
Automatic vending machines:
| |
|
For 1¢ coins
[Added 1-5-49 by Ord. No. C-401] |
$2.00
|
|
For coins over 1¢, up to and including 5¢
| |
|
For coins over 5¢
|
$10.00
|
|
Automatic 1¢ weighing machines
|
$2.00
|
|
Automobile agency or showroom or place for sale of used cars,
including open-air lots
|
$50.00
|
|
Bowling alleys, each alley
|
$10.00
|
|
Cigarette and cigar vending machine
|
$5.00
|
|
Circus, per day
|
$200.00
|
|
Collection of meat fats, scraps and bones, each vehicle
|
$5.00
|
|
Dance hall, public, not otherwise provided for
|
$100.00
|
|
Dance permit
|
$25.00
|
|
Farmers market
|
$2.00
|
|
Handbill distributor
|
$5.00
|
|
Hotels and rooming houses containing 5 or more sleeping rooms,
for each sleeping room
|
$1.00
|
|
Ice cream produced or made and sold or consumed on the premises
|
$25.00
|
|
Junk collector, wagon or other vehicle
|
$200.00
|
|
Junkyard or junk dealer
|
$200.00
|
|
Launderettes, each machine
|
Flat rate fee $100
$10 per machine (wash/dry)
|
|
Laundry delivery vehicle
|
$15.00
|
|
Laundry plant
|
$25.00
|
|
Market merchant
|
$25.00
|
|
Market owner
|
$150.00
|
|
Music vending machines and jukeboxes
|
$50.00
|
|
Old gold dealer
|
$35.00
|
|
Old papers and rags, baling and storage
|
$50.00
|
|
Old papers and rags, collection, each vehicle
|
$10.00
|
|
Peddler, foot or pushcart
|
$25.00
|
|
Peddler, truck or wagon
|
$50.00
|
|
Pool and billiard tables:
| |
|
Per location
|
$100.00
|
|
Per table
|
$25.00
|
|
Roller-skating rink
|
$200.00
|
|
Skill games, pinball, bagatelle machines and similar devices
|
$50.00
|
|
Solicitors or canvassers
|
$5.00
|
|
Storage and warehouse
|
$25.00
|
|
Taxicab owner twp owners
|
$400.00
|
|
After August 1
|
$300.00
|
|
Owner/driver
| |
|
Drivers two year
|
$100.00
|
|
August 1
|
$75.00
|
|
Theaters and moving-picture houses, per seat
|
$0.30
|
|
Wholesale cigar and tobacco dealer
|
$25.00
|
|
Wholesale dealers, all other
|
$25.00
|
It shall be the duty of the City Clerk to issue a license under
this chapter to every person, firm or corporation liable to obtain
a license hereunder, and to state in each license the amount of the
fee therefor; the period of time covered thereby; the name of the
person, firm or corporation to whom issued; the profession, vocation,
trade, business, calling or occupation licensed; and the location
or place of business where such profession, vocation, trade, business,
calling or occupation is to be conducted.
No license granted or issued under the provisions of this chapter
shall be in any manner transferred or assigned nor authorize any person,
firm or corporation other than is therein mentioned or named to carry
on any such profession, vocation, trade, business, calling or occupation.
A separate license must be obtained for each and every branch
establishment or separate place of business in which said profession,
vocation, trade, business, calling or occupation is carried on, and
each license shall authorize the person, firm or corporation obtaining
it to carry on, pursue or conduct only that profession, vocation,
trade, business, calling or occupation described in such license and
only at the location or place of business which is indicated thereby.
Such license may, however be transferred by the person, firm or corporation
named therein to a different location in the event of removal from
the place designated in said license, upon the payment to the City
Clerk of a fee of two dollars ($2.). No such transfer shall be valid
until the same has been endorsed across the face of the license by
the City Clerk.
Every person, firm or corporation having a license under the
provisions of this chapter shall keep such license posted and exhibited
while in force in some conspicuous part of said place of business.
Every licensee having such a license and not having a fixed place
of business shall either carry such license with him at all times
while carrying on the profession, vocation, trade, business, calling
or occupation for which the same was granted or in lieu thereof possess
and present some other proper evidence thereof. Every person, firm
or corporation having a license under the provisions of this chapter
shall produce and exhibit the same when applying for a renewal thereof
and whenever requested to do so by any police officer or by any other
officer authorized to issue, inspect or collect licenses.
The City Clerk shall make a charge of fifty cents ($0.50) for
each duplicate license issued to replace any license issued under
the provisions of this chapter which has been lost or destroyed. In
no case shall any mistake made by the City Clerk in stating the amount
of a license fee prevent or prejudice the collection by the city of
the amount which shall be actually due from anyone carrying on a profession,
vocation, trade, business, calling or occupation subject to a license
under this chapter.
No refund of any license fee paid shall be made on account of
a cessation of business after such license shall have been issued.
Every person, firm or corporation licensed under this chapter
shall comply with all laws of the State of New Jersey and ordinances
of the City of Perth Amboy relating and pertaining to the preservation
and protection of the lives, health, morals and the general welfare
of the inhabitants of the city, and for that purpose such licenses
shall allow and permit the inspection of any place or premises licensed
under this chapter at all reasonable hours by the City Building Inspector,
the Fire Marshal, the Health Officer and any police officer of the
city, which officers aforementioned are hereby authorized and directed
and it shall be their duty to make such inspections and report any
violation of any laws of the State of New Jersey or of the ordinances
of the City of Perth Amboy relating to the preservation and protection
of the lives, health, morals and the general welfare of the inhabitants
of the city to the governing body, which shall order and direct said
officers aforenamed to take such steps as they may deem necessary
and lawful to remedy and correct any of the conditions aforestated.
Each license granted under the provisions of this chapter shall
be for the calendar year and shall expire on December 31 following.
In case of a license issued on or after August 1 of such year hereafter,
only one-half (1/2) of the fee shall be paid for the remaining part
of the calendar year. Each license shall state the object for which
it is given, the name of the person licensed and the number of the
license and shall be issued and signed by the City Clerk, Ail applications
for licenses shall be made to the City Clerk.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, whether a resident of the City of Perth Amboy
or not, traveling by foot, wagon, automotive vehicle or any other
type of conveyance from place to place, from house to house, from
store to store or from street to street, carrying, conveying or transporting
goods, wares, merchandise, fish, vegetables, fruits, garden truck,
farm products or provisions, offering and exposing the same for sale
or making sales and delivering articles to purchasers, or who, without
traveling from place to place, shall sell or offer the same for sale
from a wagon, automotive vehicle, railroad car or other vehicle or
conveyance, and further provided that one who solicits orders and
as a separate transaction makes deliveries to purchasers as a part
of a scheme or design to evade the provisions of this chapter shall
be deemed a "peddler" subject to the provisions of this chapter. The
word "peddler" shall include the words "hawker," "huckster" and "vendor."
Nothing herein contained, however, shall apply to any vendor of meat,
milk, poultry or eggs, nor to any person selling only at wholesale,
from sample, to dealers in the goods, merchandise or articles sold,
nor to any person selling goods, merchandise or articles of his own
product, growth or manufacture, nor to persons selling newspapers
or periodicals; and provided further that any honorably discharged
soldier, sailor or marine who served in the army or navy of the United
States in any war in which the United States was engaged shall receive
a certificate of license to hawk, peddle or vend upon the production
of evidence of such honorable discharge without the payment of any
fee therefor.
Any person, whether a resident of the City of Perth Amboy
or not, traveling either by foot, wagon, automobile, motortruck or
any other type of conveyance from place to place, from house to house
or from street to street, taking or attempting to take orders for
the sale of goods, wares and merchandise, personal property of any
nature whatsoever for future delivery, or for services to be furnished
or performed in the future, whether or not such individual has, carries
or exposes for sale a sample of the subject of such sale or whether
he is collecting advance payments on such sales or not; provided that
such definition shall include any person who, for himself or for another
person, firm or corporation, hires, leases, uses or occupies any building,
structure, tent, railroad boxcar, boat, hotel room, lodging house,
apartment, shop or any other place within the city for the sole purpose
of exhibiting samples and taking orders for future delivery. Nothing
herein contained, however, shall apply to any person soliciting or
canvassing at wholesale, from sample, to dealers in the goods, merchandise
or articles sold, nor to any person soliciting or canvassing the sale
of any goods, merchandise or articles of his own product, growth or
manufacture, nor to persons soliciting or canvassing the sale of newspapers
or periodicals.
A.
All duly appointed and qualified police officers of the city are
hereby appointed inspectors of licenses, and in addition to their
various duties as police officers they are hereby required to examine
all places of business and persons to ascertain whether or not such
places of business and persons have proper and sufficient licenses,
and they shall have and exercise the power:
(1)
To enter any place of business for which a license is required and
to demand the exhibition of such license for the current term by any
person, firm or corporation engaged in the transaction of such business,
and a failure to exhibit such license shall constitute a violation
of this chapter and shall subject such person, firm or corporation
to the penalty herein provided.
(2)
To cause complaints to be filed against all persons, firms or corporations
violating any of the provisions of this chapter.
(3)
To report to the City Clerk all persons, firms or corporations carrying
on business who have no license to do so pursuant to the provisions
of this chapter, and any police officer failing or neglecting to report
any person, firm or corporation so engaged in carrying on business
without having paid the required license fee shall be guilty of neglect
of duty and he may be either suspended or dismissed from the service
of the city.
B.
It shall be the duty of the Chief of Police of the city to carry
into effect all of the provisions of this section of this chapter.
A.
Any license issued under the terms and provisions of this chapter
may be suspended or revoked by the Council of the City of Perth Amboy
for the violation by the licensee of any provision of this chapter
or whenever it shall appear that the profession, vocation, trade,
business, calling or occupation of the person, firm or corporation
to whom such license was issued is conducted in a disorderly or improper
manner or in violation of any law of the United States, the State
of New Jersey or any ordinance of the city, or that the person or
persons conducting the profession, vocation, trade, business, calling
or occupation is of an unfit character to conduct the same, or that
the purpose for which the license has been issued is being abused
to the detriment of the public, or that the license is being used
for a purpose foreign to that for which such license was issued.
B.
A license issued under the terms and provisions of this chapter shall
not be revoked, canceled or suspended until a hearing thereon shall
have been had by the Council. Written notice of the time and place
of such hearing shall be served upon the licensee at least three (3)
days prior to the date set for such hearing. Such notice shall also
contain a brief statement of the grounds to be relied upon for revoking,
canceling or suspending such license. Notice may be given either by
personal delivery thereof to the person to be notified or by depositing
it in the United States post office in a sealed envelope, postage
prepaid, addressed to such person to be notified at the business address
appearing upon said license. At the hearing before the Council the
person aggrieved shall have an opportunity to answer and may thereafter
be heard, and upon due consideration and deliberation by the Council,
the complaint may be dismissed, or if the governing body concludes
that the charges have been sustained and substantiated, it may revoke,
cancel or suspend the license held by the licensee.
C.
If any such license shall have been revoked, neither the holder thereof
nor any person acting for him, directly or indirectly, shall be entitled
to another license to carry on the same business within the city unless
the application for such license shall be approved by the Council.
No provision of this chapter shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the state or federal government.
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, be punished by
a fine of not to exceed five hundred dollars ($500) or by imprisonment
in the county jail for a period of not to exceed ninety (90) days,
or by both such fine and imprisonment, and each violation of any of
the provisions of this chapter and each day the same is violated shall
be deemed and taken to be a separate and distinct offense.
