[Editor's Note: For State Statute authorizing a municipality to license and regulate restaurants and eating places, see N.J.S. 40:52-1(d).]
[R.O. 1966 § 8:11-1; Ord. 6 S+FE, 8-7-1991]
a. 
As used in this chapter:
DIRECTOR
Shall mean the Director of the Department of Finance and/or his designee.
ISSUE
Shall mean both the initial issuance and/or the renewal of any license or licenses herein, unless otherwise specified.
OPERATE
Shall mean to manage, lease, control, direct, coordinate, preside over, own, or otherwise establish or maintain any public market.
OPERATOR
Shall mean any person who shall operate a public market.
OWNER
Shall mean any person who owns, leases, controls, possesses, manages, holds as trustee or bailor, operates, controls, acts as agent for, or otherwise has any legal, equitable or beneficient interest in either any real property upon or within which a public market is in any way situated, existing or operating, or in any public market itself.
PERSON
Shall mean any natural or legal person, or any business, nonprofit, charitable, religious or other type or form of organization or entity of any kind whatsoever, or any group of persons operating as a single organization or entity of any kind whatsoever. This term shall also refer to any government or governmental entity or organization which is liable under this chapter.
PUBLIC MARKET
Shall mean any place, location, structure or building wherein goods, wares, merchandise, food and/or farm products are sold, offered for sale, bartered, exchanged and/or traded, either wholesale or retail, by three or more persons acting independently of each other and/or conducting separate businesses of their own.
VENDOR
Shall mean any person who sells, offers for sale, barters, exchanges and/or trades, either wholesale or retail, any goods, wares, merchandise, food and/or farm products at any public market.
b. 
The definitions herein are self-consistent; that is to say, each definition which incorporates a term also herein defined is to be read as incorporating the terms of the other within definition in all cases.
c. 
In these definitions, the singular shall include the plural case and the male gender shall include the female gender and the neuter gender may refer to any gender.
[R.O. 1966 § 8:11-2; Ord. 6 S+FE, 8-7-1991]
a. 
No person shall engage, carry on, or otherwise operate a retail or wholesale business, through the use of open space in privately owned, City owned, or otherwise government owned public markets, or sell, offer for sale, barter, exchange and/or trade, either wholesale or retail, any goods or services whatsoever, whether as an operator of, or a vendor in, a public market, without first having obtained a license therefor from the Director.
b. 
There are two types of licenses in this chapter: a public market license and a vendor in a public market license (also referred to hereinafter as a "vendor's license").
[R.O. 1966; R.O. 1966 C.S. § 8:11-3; Ord. 6 S+FN, 3-2-1988 § 1; 6 S+FE, 8-7-1991]
a. 
Before a public market or vendor's license can be granted, an application in writing shall be filed with the Director for same. Such applications shall be posted publicly or be available to the public at least 30 days prior to the granting of any such licenses.
b. 
Any citizen of the City may file an objection, or objections for cause, in writing, to the granting of any such license, prior to any determination on such; whereupon the Director shall hear the objections and determine whether or not the license may be issued.
c. 
Objections for cause, as regards to paragraph b hereinabove, shall include, but not be limited to, nuisance, suspensions, and/or violations of statutes, ordinances and/or rules and regulations by an applicant. Such objections must have a sufficient factual basis for the Director to consider them. No palpably frivolous objections shall be considered by the Director.
d. 
The determination of all objections for cause herein shall be made by the Director, upon public notice, as well as direct notice to both the applicant and the objector(s), at an open hearing subject to all relevant administrative laws, ordinances and regulations. The hearing shall be scheduled no less than 14 nor more than 30 days subsequent to the filing of an objection.
[R.O. 1966 § 8:11-4; Ord. 6 S+FE, 8-7-1991]
a. 
No operator shall establish, maintain or operate a public market without first having obtained from the Director a license therefor.
b. 
The owner of any public market, or any real property upon which a public market is situated, shall be presumed to be the operator thereof if no other person has obtained a license for the public market.
c. 
It is a violation of this ordinance for any owner to permit his property to be used as a public market without first having obtained a license, regardless of whether or not such use was with or without compensation to the owner. This shall apply equally to all co-owners.
d. 
It is a violation of this chapter to be an owner or operator of a public market, or the owner of the property upon which it is situated, without first having obtained a license.
e. 
It shall be presumed that an owner is aware of, and/or acquiesces in or approves of, any public market upon his property, unless such presumption is rebutted by competent evidence.
[R.O. 1966 § 8:11-5; Ord. 6 S+FE, 8-7-1991; Ord. 6PSF-D, 8-3-2016 § 7; amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
a. 
The Director is hereby authorized to issue a license to any public market. This license shall be applied for by its operator but shall be individual and separate for each public market an operator may establish or maintain. Such license may be issued upon the payment of a fee of $1,000 biennially. All licenses issued, and renewals thereof, under this chapter shall expire biennially on December 30th after its date of issuance. If any applicant obtains an initial license pursuant to this Section after the renewal date or in between a biennial cycle, the applicant will pay a pro -rated application fee. The applicant's license will thereafter expire on December 30th in accordance with the biennial licensing cycle. The Division of Tax Abatements/Special Taxes shall establish administrative rules and/or regulations pertaining to scheduling for the issuance of a public market operator's license. The fee shall be payable upon presentation of the application and shall be returned less the sum of $100 in the event the license is not granted.
b. 
Each public market license may only be issued to one operator. If an operator is not a natural person, the operator must designate a natural person who will be the agent for the service of any process, summons or pleadings upon it.
c. 
Prior to the issuance of any public market license, the premises upon or within which it is situated shall have a proper certificate of occupancy for such public market.
d. 
No license shall be issued to any public market pending the approval of a variance for same which has not yet been granted, or to any public market which does not meet all the zoning requirements of its zone.
e. 
The person applying for, and receiving the license shall be deemed the operator of the public market in question for all purposes herein, until and unless a new operator shall file a notice of change of operator, signed by both the old and new operators, with the Director.
f. 
Prior to the issuance of any public market license, the Director shall review his files for any currently suspended or revoked license existing for the operator, and may not issue a public market license to any person who currently has had a public market license, issued to him as operator, revoked or suspended.
[R.O. 1966 § 8:11-6; Ord. 6 S+FE, 8-7-1991]
a. 
The Director of the Department of Finance is hereby authorized to establish rules and regulations for the regulation and control of public markets, and their owners and/or operators. A copy of any such rules and regulations issued shall be maintained and kept on file with the office of the City Clerk.
b. 
No license can legally be issued to any public market held in any open place unless the premises for which the license is to be issued shall have a fence, wall or other barricade of any conventional fencing or wall-building material. Such fence, wall or barricade shall be at least seven feet high, installed along all property lines, except where the wall of any building situated on the premises abuts a property line or is within six inches of same. Additionally, each entrance or egress through such fence, barricade or wall shall have an appropriate gate, door chain or closing device so as to prevent entrance into the property when not in use.
c. 
The Director shall have full authority to revoke any public market license for any material falsification therein.
d. 
Any public market licensee herein, and the owner of any public market's premises, is expressly prohibited from displaying any goods, wares, merchandise or other items for sale upon such fence, wall, barricade or other structure or building which is visible to the public outside the public market.
e. 
Any license issued to any public market which is not in compliance with all Newark City ordinances, including, but not limited to, zoning, sales, sanitation, fire and building ordinances may be revoked and/or suspended by the Director, after notice to, and opportunity for, a hearing by the licensee.
f. 
No license shall be issued to a public market if that public market, or its operator, is then currently in violation of a Newark City ordinance, including, but not limited to, zoning, sales, sanitation, fire and building ordinances. Any licenses issued in violation of this chapter, whether inadvertently or not, are void ab initio, after notice to, and opportunity for, a hearing by the licensee.
[R.O. 1966 § 8:11-7; R.O. 1966 C.S. § 8:11-7; Ord. 6 S+FN, 3-2-1988 § 1; Ord. 6 S+FE, 8-7-1991; Ord. 6PSF-D, 8-3-2016 § 7; amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
a. 
The Director of Finance is hereby authorized to issue a license for a public market to any vendor. This license shall be applied for by the vendor. Such license may be issued upon the payment of a fee of $500 biennially and shall expire biennially on December 30th after its date of issuance. If any applicant obtains an initial license pursuant to this section after the renewal date or in between a biennial cycle, the applicant will pay a pro-rated application fee. The applicant's license will thereafter expire on December 30th in accordance with the biennial licensing cycle. The fee shall be payable upon presentation of the application and shall be returned less the sum of $50 in the event the license is not granted.
b. 
Each vendor's license may only be issued to one vendor. If a vendor is not a natural person, the vendor must designate a natural person who will be the agent for the service of any process, summons or pleadings upon it.
c. 
Each vendor's license for a public market issued under this chapter shall be specific for a particular public market and vendor and may not be transferred to any other public market and/or vendor. No such license shall be granted unless the applying vendor presents proof of the relevant public market's existing license.
d. 
Prior to the issuance of any vendor's license, the Director shall review his files for any currently suspended or revoked license existing for the vendor, and may not issue a vendor's license to any person who currently has had his vendor's license revoked or suspended.
e. 
No license shall be issued to any vendor for any public market pending the approval of a license or variance for the public market which has not yet been granted.
f. 
Vendors are required, as a condition of the granting of a vendor's license for a public market, to comply with all Federal, State and municipal laws, statutes, regulations and ordinances, including, but not limited to, proof of a New Jersey State sales tax ID number.
[R.O. 1966 § 8:11-8; Ord. 6 S+FE, 8-7-1991]
a. 
The Director of the Department of Finance is hereby authorized to establish rules and regulations for the regulation and control of vendors. A copy of any such rules and regulations issued shall be maintained and kept on file with the office of the City Clerk.
b. 
Any vendor licensee herein is expressly prohibited from displaying any goods, wares, merchandise or other items for sale upon such fence, wall, barricade or other structure or building which is visible to the public outside the public market.
c. 
Any license issued to any vendor who is not in compliance with all Newark City ordinances, including, but not limited to, zoning, sales, sanitation, fire and building ordinances, may be revoked and/or suspended by the Director, after notice to, and opportunity for, a hearing by the licensee.
d. 
The Director shall have full authority to revoke any vendor's license for any material falsification therein, after notice to, and opportunity for, a hearing by the licensee.
e. 
No vendor's license shall be issued to a vendor who is then currently in violation of a Newark City ordinance, including, but not limited to, zoning, sales, sanitation, fire and building ordinances. Any licenses issued in violation of this chapter, whether inadvertently or not, are void ab initio, after notice to, and opportunity for, a hearing by the licensee.
[R.O. 1966 § 8:11-9; Ord. 6 S+FE, 8-7-1991]
No vendor or other person shall sell, offer for sale, barter, exchange and/or trade, either whole-sale or retail, any item, article, thing, good or service of any kind whatsoever, in any part of any City-owned public market without paying the market rentals thereon as may be established by the Department of Economic and Housing Development, or by City ordinance.
[R.O. 1966 § 8:11-10; Ord. 6 S+FE, 8-7-1991]
Any person who fails to secure a public market or vendor's license, as the case may be, or who violates any provision of this chapter shall, upon conviction, be subject to any or all of the following penalties:
a. 
A fine of not less than $100, and not to exceed $1,000, no part of which may be suspended;
b. 
Imprisonment in the County jail for a term not to exceed 90 days;
c. 
A period of community service not to exceed 90 days;
d. 
Any person who is convicted of violating this chapter (8:11-1 to 8:11-10, inclusive) within one year of the date of a previous violation of this chapter and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed upon a person for a repeat offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this chapter, but shall be calculated separately from the fine imposed for the violation of the chapter. If the City chooses not to impose an additional fine upon a person for a repeated violation of this chapter, it may waive such additional fine by ordinance or resolution.
A separate offense shall be deemed to be committed on each and every day a violation occurs or continues.