[HISTORY: Adopted by the Board of Commissioners (now the
Council) of the City of Perth Amboy: Art. I, 12-5-34 as Ord. No. C-172; Art. II, 1-2-36 as Ord. No. C-200. Sections 287-6, 287-7, 287-15,
287-16, 287-17, 287-18, 287-19, 287-23, 287-31 and 287-36 amended
at time of adoption of Code; see Ch. 1, General Provisions. Other
amendments noted where applicable.]
[Adopted 12-5-34 as Ord. No. C-1721
For the purpose of this Article, the terms used herein are defined
as follows:
Any market operated and conducted in any open space in the
City of Perth Amboy that is not entirely enclosed by a substantial
building.
Includes individual or individuals, persons, firm, corporations,
associations and partnerships.
No person shall hereafter operate, conduct or maintain an open
private market without first obtaining a license therefor from the
City of Perth Amboy as hereinafter provided.
Any person who may desire to operate, conduct or maintain an
open market under private auspices or management shall file a written
application with the City Clerk, setting forth specifically the location
where such applicant or applicants propose to conduct such market;
the character of produce, goods, wares and merchandise to be sold
and disposed of; the number of stalls and spaces to be established
in such market; and the hours during the day, the number of days in
the week and the seasons in the year when such market shall be open.
The City Clerk, upon receipt of said application, shall be authorized
to grant a license to such person to conduct an open private market
within the territorial limits of the City of Perth Amboy as set forth
in the application therefor.
Any person who may desire to operate, conduct and maintain any
business establishment or offer for sale any produce, goods, wares
or merchandise in an open private market shall file a written application
with the City Clerk, setting forth specifically the name of applicant;
present permanent home residence; residences for the preceding three
(3) years; three (3) business references; a description of the goods,
wares or merchandise to be offered for, sale; the number either of
arrests or convictions for misdemeanors, crimes or the violation of
any health code, regulation or ordinance and the nature of the offenses
for which arrested or convicted; whether or not any farm products
to be offered for sale are produced by himself on his own farm or
purchased from others.
An annual license fee of one hundred fifty dollars ($150) shall
be paid to the City of Perth Amboy for each and every open private
market. This license shall be known as a "market license."
An annual license fee of two dollars ($2) shall be paid to the
City of Perth Amboy by any person who shall offer for sale in any
open private market in the City of Perth Amboy farm products produced
by himself on his own farm. This license shall be known as a "farmer's
license."
[Amended 12-29-54 by Ord. No. C-516]
An annual license fee of twenty-five dollars ($25) shall be paid to the City of Perth Amboy by any person who shall offer for sale any goods, wares or merchandise in any open private market in the City of Perth Amboy who does not come within the classification provided in § 287-7. A license issued under this section shall be known as a "market merchant's license."
All merchandise offered for sale in any such market shall comply
with all health laws, rules and regulations, and it shall be the duty
of any such licensee to so conduct said market that no health laws,
rules and regulations or any ordinance of the City of Perth Amboy
are violated, under penalty of suspension or revocation of the license
granted.
All markets, stalls and spaces shall be kept clean from all
refuse and at the end of each market day all refuse shall be promptly
removed from the marketplaces. Only private property actually owned
or controlled by a market licensee shall be used for the location
of stalls, spaces, marketing places or for the location of trucks,
wagons or other conveyances from which goods, wares or merchandise
are offered for sale.
[Amended 12-19-34 by Ord. No. C-174, 12-29-54 by Ord. No. C-516]
Open private markets shall remain open for business only from
3:00 a.m. to 2:00 p.m. during any day on which the market is open
for business. It shall be unlawful to make sales of any kind except
within the prescribed hours.
Only those holding a farmer's license or a market merchant's
license shall be permitted to sell or offer for sale their goods,
produce, wares or merchandise at an open private market.
No speculator dealing in any kind of produce or merchandise
shall be permitted to rent, occupy or use any stall, space or marketplace.
No itinerant merchant or new merchant shall be permitted to
rent, occupy or use any stall, space or marketplace in any open private
market without having previously complied with the statutes of the
State of New Jersey, the ordinances of the City of Perth Amboy relating
thereto, and particularly an ordinance entitled "An Ordinance to Regulate
and License Solicitors, Transient Merchants and Itinerant Vendors,"
adopted July 15, 1931, and all amendments or supplements thereto now
or at any time hereinafter in effect.[1]
The Health Officer and various Health Inspectors of the City
of Perth Amboy are hereby vested with full power and authority to
ascertain if license fees described in this Article have been paid
and to rule from said open markets anyone not having paid such license
fees; to inspect any private market within the limits of the City
of Perth Amboy, and to examine and make personal inspection of all
merchandise being exposed for sale, with full power to condemn and
remove from said market any merchandise that is not fresh and wholesome
and fit for human consumption or any produce which in their judgment
would be detrimental to the health and welfare of the public.
The occupant of any stall or space whose goods have been condemned
by any representative of the Division of Health of the City of Perth
Amboy shall, upon order of said health official, forthwith remove
the said goods and produce from the market.
All members of the Division of Health of the City of Perth Amboy
are hereby vested with full power and authority to enforce the provisions
of this Article and to make complaint and appear against any person
violating any of the parts thereof.
Any person misrepresenting any of his goods, wares or merchandise,
or any persons combining for the purpose of fixing prices, or any
person who has violated the provisions of this Article, or any person
who has made any misstatement of facts in his application for a license,
may have his license revoked by the Council of the City of Perth Amboy
after such person has had a written notice of the charges and a public
hearing thereon. This shall be in addition to the penalties hereinafter
provided.
No person shall occupy a space or stall after being ordered
not to do so by the Division of Health for good and sufficient reason.
No persons conducting such private market shall lease or permit
any of its stalls or spaces to be occupied by a person so forbidden
to occupy said space or stalls.
The provisions of this Article are applicable and shall be immediately
effective as to any and all open private markets now being conducted
or which may hereafter be conducted in the City of Perth Amboy.
This Article is for the purpose of assuring the sale of pure
foods, the maintenance of sanitary conditions, the proper regulation
and control of open private markets and for the purpose of raising
revenue.
Any person who shall violate the provisions of this Article
shall be subject to a fine of not more than five hundred dollars ($500)
or to imprisonment for a term not exceeding ninety (90) days, or both,
and each and every day this Article is violated in any of its provisions
shall be considered a separate and distinct offense.
[Adopted 1-2-36 as Ord. No. C-200]
For the purpose of this Article, the terms used herein are defined
as follows:
In addition to the commonly accepted definition of this term,
it shall be construed to mean the privilege or license to occupy a
part of a market as herein provided for.
In addition to the commonly accepted definition of this term,
it shall be construed to mean a subdivisional part of the business
to be conducted in any such market as herein provided for.
An individual, firm, partnership, voluntary association,
incorporated association, corporation and principal or agent thereof.
[Amended 6-5-40 by Ord. No. C-268]
No person shall hereafter operate, conduct or maintain, or engage
in operating, conducting or maintaining, a food market within any
building or structure within the limits of the City of Perth Amboy
and renting, leasing and subletting more than two (2) concessions
or departments in any such building or structure to persons, natural
or artificial, to carry on various kinds of types of business therein,
without having first obtained a license therefor from the City of
Perth Amboy, as hereafter provided for, for each and every concession
or department rented, leased, sublet or occupied in any such market.
This Article shall not be held to apply to any market conducted solely
for the sale of food products, cut flowers, potted plants, plants,
shrubs, trees and seeds, nor to any open-air market.
[Amended 6-5-40 by Ord. No. C-268]
The license fee herein prescribed for each and every concession
or department rented, leased, sublet, operated or occupied in any
such building or structure shall be the sum of five hundred dollars
($500) per year, payable upon the filing of an application therefor.
Applications for license herein provided for shall be made to
the City Clerk, on blank forms to be supplied by him, from time to
time as concessions or departments are rented, leased, sublet or occupied,
to be made by the person renting, leasing, subletting or permitting
the occupation of such market concession or department.
The City Clerk, upon receipt of said application, is authorized,
with the approval and consent of the Council, to grant a license to
such person to conduct the concession or department in such market
for which application has been made.
All applications for licenses as herein provided shall state
the name of applicant; permanent home residence: in case of corporation,
where incorporated, address of registered office in New Jersey and
the name and residence of the agent in charge thereof; three (3) business
references; the place or places of residence of the applicant for
the preceding five (5) years; the place of business of the applicant
for the preceding five (5) years; a description of the goods, wares
and merchandise to be offered for sale or disposal at the market concession
or department; and the number of arrests and convictions for misdemeanors
or crimes and the nature of the offenses for which arrested or convicted.
All applications received by the City Clerk shall be submitted
by him to the Council. No favorable action shall be taken thereon
until such time as:
A.
The Police Department shall verify and report in writing the information
respecting the character and reputation of the applicant.
B.
The Director of the Fire Department shall verify and report in writing
respecting the compliance of the building and premises to be occupied
by the applicant with all rules, regulations, ordinances and statutes
respecting fire regulations and that such premises is a safe place
for the public to attend.
C.
The Division of Health has verified and reported in writing respecting
the compliance of the building and premises to be occupied by the
applicant with all health ordinances, regulations and statutes and
that the health of the public is assured therein.
D.
The Building Inspector has verified and reported in writing respecting
an inspection of the building and premises to be occupied and the
compliance with the Building Code[1] and other building regulations and ordinances of the City
of Perth Amboy.
[1]
Editor's Note: See Ch. 170, Building Construction.
No concession or department shall be open and engage in business
in any such market as aforesaid until such time as all scales and
other apparatus to be used in weighing or measuring products to be
sold or disposed of shall be tested by the Division of Health of the
City of Perth Amboy and a certificate of approval obtained.
All merchandise offered for sale in any such concession or department
shall comply with all health laws, rules and regulations, and it shall
be the duty of any such licensee to so conduct or cause to be conducted
said market concession or department that no health laws, rules and
regulations or any ordinance of the City of Perth Amboy are violated,
under penalty of suspension or revocation of the license granted.
Any person misrepresenting any of his goods, wares or merchandise,
or any persons combining for the purpose of fixing prices, or any
person who has violated the provisions of this Article or any other
municipal ordinance of the City of Perth Amboy, state or federal statute,
or any person who has made any misstatement of fact in his application
for a license, may have his license revoked by the Council of the
City of Perth Amboy after such person has had a written notice of
the charges and a public hearing thereon. This shall be in addition
to the penalties hereafter provided.
It shall be the duty of any person receiving a license or licenses
under this Article to furnish the city, at the request of the Mayor,
City Clerk or any Tax Assessor, the names and addresses of every person,
firm, partnership or corporation that shall use, occupy or operate
any concession or department on the premises of the licensee under
the provisions of this Article.
No itinerant merchant or new merchant shall be permitted to
operate, conduct or maintain any such market concession or department
without having previously complied with the statutes of the State
of New Jersey, the ordinances of the City of Perth Amboy relating
thereto, and particularly an ordinance entitled "An Ordinance to Regulate
and License Solicitors, Transient Merchants and Itinerant Vendors,"
adopted July 15, 1931, and all amendments or supplements thereto now
or at any time hereafter in effect.[1]
Any person operating, conducting or maintaining any such market,
or any person who shall rent, sublet, lease or occupy any such concession
or department or permit the use or maintenance thereof, in violation
of any of the provisions of this Article, or any person violating
any provisions hereof, shall, upon conviction thereof, pay a fine
not exceeding five hundred dollars ($500) or be committed to jail
for a term not exceeding ninety (90) days, or both, in the discretion
of the court. Each day that such violation is continued shall be taken
and deemed to be a separate and distinct offense.
This Article shall not be construed to amend, modify or in any
manner affect the provisions of an ordinance of the City of Perth
Amboy entitled "An Ordinance to Regulate, Control and Establish Open
Private Markets and to Provide Penalties for the Violation of the
Provisions Thereof," adopted December 5, 1934, and all amendments
or supplements thereto now or at any time hereafter in effect,[1] nor "An Ordinance to Regulate and License Solicitors,
Transient Merchants and Itinerant Vendors," adopted July 15, 1931,
and all amendments or supplements thereto now or at any time hereafter
in effect.[2]
