It shall be unlawful for any hawker or peddler, as defined in §
53-2 of this ordinance, to engage in such business within the corporate limits of Gloucester City without first obtaining a license therefor as provided herein.
As used in this chapter, the following terms shall have the
meanings indicated:
HAWKERS AND PEDDLERS
As used herein, includes, but is not limited to, any person,
whether a resident of the city or not, traveling either by foot, wagon,
automotive vehicle or any other type of conveyance from place to place,
from house to house or from street to street, and who carries with
him goods, wares, merchandise or personal property of any nature whatsoever
for the purpose of selling and delivering them to consumers.
PERSON
As used herein, includes the singular and the plural and
shall also mean and include any "person," firm or corporation, association,
club, copartnership or society or any other organization.
Applicants for license under this ordinance must file with the
City Clerk a sworn application in writing (in duplicate), on a form
to be furnished by the City Clerk, which shall give the following
information:
A. Name and description of the applicant.
B. Permanent home address and full local address of the applicant, if
any, and place or places of residence for the last three preceding
years.
C. A brief description of the nature of the business and the goods to
be sold, literature to be distributed or services to be rendered.
D. If employed, the full name and address of the employer, and a statement
as to whether employer is an individual, partnership or corporation,
together with credentials establishing the exact relationship of applicant
with employer.
E. The length of time for which the license to do business is desired.
F. The place where the goods or property proposed to be sold, or orders
taken for the sale thereof, are manufactured or produced, where such
goods or products are located at the time said application is filed,
and the proposed method of delivery.
G. A photograph, in duplicate, of applicant, taken within 60 days immediately
prior to the date of filing of the application, which picture shall
be 2 1/2 inches by 2 1/2 inches, showing the head and shoulders
of the applicant in a clear and distinguishing manner.
H. The fingerprinting of the applicant and the names of at least two
reliable property owners of the County of Camden, New Jersey, who
will certify as to the applicant's good character and business
respectability or, in lieu of the names of two references, such other
available evidence as to the good character and business responsibility
of the applicant as will enable an investigator to properly evaluate
such character and business responsibility.
I. A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
including the nature of the offense and the punishment or penalty
assessed therefor.
Applicants for a license who sell foodstuffs, including ice
cream and farm produce, shall also be required to obtain and produce
a food handler's license from the Board of Health before the issuance of a license.
[Amended 5-7-1998 by Ord.
No. 11-1998]
The City Clerk shall issue to each licensee at the time of delivery
of his license a badge, which shall contain the words "Solicitor's
and Peddler's License" and "Gloucester City" and the year of
current issue, which badge shall, during the time such licensee is
engaged in hawking or peddling, be worn constantly by the licensee
on the front of his outer garment in such a way as to be conspicuous.
The Clerk shall collect $10 for each badge, which shall be refunded
upon the return of the badge. Badges shall be numbered consecutively.
Licensees are required to exhibit their licenses at the request
of any citizen with whom they seek to do business. Licenses are not
transferable.
It shall be the duty of each police officer of the City of Gloucester
City to require any person seen hawking or peddling and who is not
known by such officer to be duly licensed to produce his license,
and to enforce the provisions of this ordinance against any person
found to be violating the same.
The Chief of Police shall report to the City Clerk all convictions
for violation of this ordinance, and the City Clerk shall record the
reports of violation on his record of the license.
Any person aggrieved by the action of the Chief of Police or the City Clerk in the denial of or revocation of a license shall have the right to appeal to the Common Council of the City of Gloucester City. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement of appeal setting forth fully the grounds for the appeal. The Council shall set a time and place for the hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in §
53-11 of this ordinance for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive.
[Amended 12-5-1974]
Any person violating any of the provisions of this ordinance
shall, upon conviction thereof, be punished by a fine not to exceed
$500 or by imprisonment not to exceed 90 days, or both such fine and
imprisonment.
The provisions of this ordinance are declared to be severable,
and if any section, sentence, clause or phrase of this ordinance shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this ordinance, but they shall remain in effect,
it being the legislative intent that this ordinance shall stand notwithstanding
the invalidity of any part.
All ordinances or parts of ordinances inconsistent with the
provisions of this ordinance be and the same are hereby repealed.
This ordinance shall take effect from and after its passage
and publication as provided by law.