Editor's Note: For State statute authorizing and requiring municipalities to license transient merchants or itinerant vendors, see N.J.S. 45:24-1 et seq. See also Shapiro v. Newark, 44 N.J. Super. 530 (Law Div. 1957), upholding the validity of such an ordinance and holding that the exemptions of N.J.S. 45:24-9 et seq. do not apply to such ordinance.
[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 § 8:15-5]
a. 
All applicants desiring a license to operate as a transient merchant or itinerant vendor shall file with the Division of Tax Abatements/Special Taxes an application on a form to be furnished by the Director. The applicant shall furnish on such form the following information:
1. 
Name and permanent home address of applicant.
2. 
Names and addresses of persons from whom goods making up the stock were or are to be purchased.
3. 
Three business references.
4. 
The place or places of residence of the applicant for the three preceding years.
5. 
A description of the wares to be offered for sale.
6. 
The number of convictions for crimes, misdemeanors and disorderly persons offenses and the nature of the offenses for which convicted.
7. 
If applicant represents a person or firm, a letter from the person or firm for whom the applicant purports to work, authorizing him to act as such person or firm's representative.
8. 
The average quantity and kind, as nearly as can be, and the value of the stock of goods, wares and merchandise intended to be sold or exposed for sale.
9. 
The location of such goods, wares and merchandise by street and number and whether on the premises from which they are to be sold or in warehouses or storage.
10. 
The length of time for which the license is desired.
b. 
The statements required by this section to be set forth by the applicant shall in every case be verified by the oath of the applicant.
c. 
If required by the Director, in the arrival at the valuation of the stock of goods, the bills or invoices of purchase of such goods shall be submitted to him.
[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.
[1]
Editor's Note: The license fee and duration of the license are governed by the provisions of N.J.S. 45:24-3.
[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 § 8:15-12]
a. 
A license issued under this chapter shall not be transferable from the person to whom issued to any other person unless the transferee first complies with all the provisions and requirements of this chapter relating to an original applicant for a license, except that relating to the payment of the license fee.
b. 
In the event the transferee has complied with all the requirements of this chapter as an original applicant, except payment of the license fee, and such proposed transfer has received the approval of the Director, the license shall be transferred for the balance of the license term provided the transferee shall pay a transfer fee of $100 to the Director.
[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 § 8:15-14]
a. 
A license may be suspended for not more than two weeks by the Director upon probable cause being shown that the license should be revoked.
b. 
Any license issued under the provisions of this chapter may be revoked by the Director for the violation of the terms of the license or falsification in applying for the license or when in the opinion of the Director the business so licensed is conducted in a manner contrary to law or to public morals or to the public health or to public safety. Before a license is revoked, the licensee shall be accorded a hearing before the Director. The decision of the Director as to revocation shall be final.
c. 
The Director shall hold such hearings and make such investigations as he may deem necessary in carrying out the provisions of this chapter in relation to suspension or revocation of licenses.
[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.