[R.O. 1966 § 8:15-1]
DIRECTOR
Shall mean the Director of the Department of Finance and/or
his designee.
[R.O. 1966 § 8:15-2]
The purpose of this chapter is as follows:
a. Carry into effect the provisions of N.J.S. 45:24-1 et seq.
b. Prevent unfair competition and dishonest business practices by requiring
persons intending to engage in any of the occupations to be licensed
by this chapter to furnish certain preliminary information, to conform
to the requirements of this chapter and to the extent set forth in
this chapter regulate the conduct of persons engaged in any of such
occupations.
c. Impose upon transient merchants and itinerant vendors license fees
for revenue.
[R.O. 1966 § 8:15-3]
Except as provided in Section
8:15-4, it shall be unlawful for any transient merchant or itinerant vendor to offer for sale or to sell or dispose of any goods, wares or merchandise without first obtaining a license as hereinafter prescribed.
[R.O. 1966 § 8:15-4]
Nothing in this chapter shall apply to or require the obtaining
of a license by any charitable or religious society that shall conduct
sales of personal property when the proceeds thereof shall be applied
to the payment of the expenses thereof and to the charitable or religious
object for which the society exists; and nothing in this chapter shall
apply to or require the obtaining of a license by any art, antique
or historical society that shall conduct an exhibition and sale of
art objects, pictures, paintings, prints, historical articles and
furniture generally known and designated as antiques and kindred objects;
and nothing in this chapter shall apply to or require the obtaining
of a license by any agricultural show, fair or garden society selling
or closing out certain of their exhibits, if such society was an incorporated
association not for pecuniary profit of this State prior to the 26th
day of March, 1935, or if incorporated subsequent thereto, such society
shall have a bona fide membership of at least 100 persons.
[R.O. 1966 § 8:15-6]
Following the filing of the application with the Division of
Tax Abatement/Special Taxes, the Director shall thereupon with all
convenient speed investigate the statements in such application.
[R.O. 1966 § 8:15-7]
Before a license shall issue, the applicant shall execute and
deliver to and file with the Director a bond with good and sufficient
surety, to be approved by the Director as to sufficiency and by the
Department of Law as to form, equal in amount to 25% of the value
of the personal property shown in the declarations and disclosures
required under this chapter, but in no event shall the bond be less
than $1,000. The bond shall remain in force for one year. The bond
shall be conditioned to indemnify and pay to the City any penalties
or costs incurred in the enforcement of any of the provisions of this
chapter, and further conditioned to indemnify or reimburse any purchaser
of goods, wares and merchandise in a sum equal to at least the amount
of any payment such purchaser may have been induced to make through
the misrepresentation as to the kind, quality or value of such goods,
wares and merchandise so purchased, whether the misrepresentations
were made by the owner or by his servant, agent or employee, either
at the time of making the sale or through any advertisement of any
character whatsoever, printed or circulated, with reference to the
stock of goods, wares and merchandise, or any part thereof; and further
conditioned that the bond shall be due and payable for any falsification
of a statement of fact in the application filed for the license or
if the business conducted under such license is conducted in a manner
contrary to law or against the morals, public health or safety of
the life or limb of the public.
[R.O. 1966 § 8:15-8]
Before a license shall be issued, the applicant shall file with the Director an instrument in writing nominating and appointing the Director his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the license under this chapter and the bond given as required by Section
8:15-7 or for the performance of the conditions of the bond or for any breach thereof. Such instrument shall also contain recitals to the effect that the applicant consents and agrees that service of any notice or process may be made upon such agent and when so made shall be as valid as if personally served upon the applicant according to the laws of this or any other State, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service.
[R.O. 1966 § 8:15-9]
The Director shall issue the license provided:
a. He shall find all the statements in the license application to have
been correct and satisfactory; and
b. A proper bond has been filed under the requirements of Section
8:15-7 of this chapter; and
c. A power of appointment to accept service has been filed under the requirements of Section
8:15-8 of this chapter; and
d. A license fee has been paid as required by Section
8:15-10 of this chapter.
[R.O. 1966 § 8:15-10; amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
Upon payment by an applicant to the Director of the biennial
sum of $2,000 the Director is authorized to issue a license as a transient
merchant or itinerant vendor provided that such applicant shall otherwise
comply with the provisions of this chapter. Such license shall continue
in favor of the person to whom it is issued for a period of 180 days
from the day of issue.
[R.O. 1966 § 8:15-11]
A separate license must be obtained by a licensed transient
merchant or itinerant vendor for each branch, establishment or separate
place of business in which his business is conducted. Each license
shall authorize the licensee to conduct business only at the location
which is indicated therein.
[R.O. 1966 § 8:15-13]
A licensee shall have his license posted at his place of business
in a prominent position therein at all times during the valid period
of existence of such license.
[R.O. 1966 § 8:15-15]
Nothing in this chapter contained shall be construed to relieve
any person from complying with the provisions of Title XIII of these
Revised General Ordinances relating to the manufacture, sale, distribution
or handling of food or food products.
[R.O. 1966 § 8:15-16]
Any transient merchant or itinerant vendor who fails to comply
with the requirements of this chapter or any part thereof, or makes
a false or fraudulent representation in any statement required by
this chapter to be filed by him, or falsely represents by advertising
or otherwise that such goods, wares and merchandise referred to in
this chapter is in whole or in part damaged goods saved from fire,
or makes any false statement as to the previous history or character
of such personal property, shall, upon conviction thereof, be punished
by a fine of not more than $500 or by imprisonment for a term not
exceeding 90 days, or both.