[HISTORY: Adopted by the Mayor and Council of the Borough of Shrewsbury 9-27-1973 by Ord. No. 346 as Ch. 53 of the 1973 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning and land development — See Ch. 94.
Food establishments — See Ch. 126.
Hawking, peddling and canvassing — See Ch. 132.
Home-based businesses and offices — See Ch. 136.
Hours of business — See Ch. 139.
Massage, bodywork and somatic therapy businesses — See Ch. 157.
Peace and good order — See Ch. 174.
Private sales; auctions — See Ch. 188.
Tattooing and body piercing — See Ch. 231.
Taxicabs — See Ch. 236.
As used in this chapter, the following terms shall have the meanings indicated:
BUSINESS
As used in both singular and plural sense, includes all kinds of vocations, occupations, professions, enterprises, establishments and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit or benefit, either directly or indirectly, on any premises in the Borough of Shrewsbury, as set forth in N.J.S.A. 40:52-1, as amended and supplemented and in force. [Editor's Note: The former definition of "canvasser and solicitor," which immediately followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III). See now Ch. 132, Hawking, Peddling and Canvassing.]
CIGARETTE VENDING MACHINE
Any automatic vending machine used for the sale of cigarettes, cigars, tobacco and/or matches, and controlled by the insertion of a coin or coins.
COMMERCIAL HANDBILL
A. 
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or other printed or otherwise reproduced original or copies of any matter or literature:
(1) 
Which advertises for sale any merchandise, product, commodity or things; or
(2) 
Which directs attention to any business or mercantile or commercial establishment or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sale; or
(3) 
Which directs attention to or advertises any show, theatrical performance, exhibition or event of any kind for which is charged an admission fee for the purpose of private gain or profit; or
(4) 
Which, while containing reading matter other than advertising matter, is predominately and essentially an advertisement and is distributed or circulated for advertising purposes or for private benefit and gain of any person so engaged as advertiser or distributor.
B. 
"Commercial handbill" shall not include any newspaper of general circulation as defined by general law.
FIRE AND OTHER ALTERED GOODS SALE
A sale held out in such manner as reasonably to cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means.
GOING-OUT-OF-BUSINESS SALE
A sale held in such a manner as reasonably to cause the public to believe that, upon the disposal of the stock and goods on hand, the business will cease and be discontinued, including, but not limited to, the following sales: adjuster's; adjustments; alterations; assignee's; bankrupts'; benefit of administrators'; benefit of creditors'; benefit of trustee; building coming down; closing; creditors' committee; creditor's; end; executor's; final days; forced out; forced out of business; insolvent's; last days; lease expires; liquidations; loss of lease; mortgage sales; quitting business; receiver's; trustee's.
HANDBILL DISTRIBUTOR
Any person engaged in distributing commercial or noncommercial handbills, other than newspapers distributed to subscribers thereof, for himself or any other person, upon any of the public and private streets, places and premises, other than his own premises in the Borough of Shrewsbury. This definition shall not prohibit sale of newspapers, regularly published, through newsboys, newsmen or from news store premises in the Borough of Shrewsbury.
INSIGNIA or INSIGNE[1]
Any tag, plate, badge, emblem, sticker or any other kind of device which may be required for any use in connection with any license.
JUKEBOX
Any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, or by the payment of any price, operates or may be operated for the emission of songs, music or similar amusement.
MECHANICAL AMUSEMENT DEVICE
Any machine, operated mechanically, electrically or otherwise, which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, skill ball, mechanical grab machines, games and all rides, operations or transactions similar thereto, under whatever name they may be included.
NONCOMMERCIAL HANDBILL
Any printed matter or written matter, any sample or device, dodger, circular, leaflet, pamphlet, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any letter or literature not included in the aforesaid definition of a commercial handbill, and shall not include any newspaper of general circulation as defined by general law.[2]
PERSON
Individual natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups, or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof, in any capacity, acting either for himself or for any other person under either personal appointment or pursuant to law.
PRECIOUS METALS
Items comprised of gold, silver, platinum, palladium and alloys thereof, gems, coins containing precious metals and all forms of previously owned jewelry which contain precious metals.
[Added 12-10-1984 by Ord. No. 520]
PRECIOUS METALS BUYER
A person engaged in the business of purchasing precious metals, gems, coins containing precious metals and all forms of previously owned jewelry, either as a primary business or in connection with another business, from any person who is not in the business of selling precious metals as required under N.J.S.A. 51:6A-1 to 51:6A-8.
[Added 12-10-1984 by Ord. No. 520]
PREMISES
All land, structures, places and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to or used in connection with any such business conducted on such premises.
REMOVAL OF BUSINESS SALE
A sale held out in such a manner as reasonably to cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock and goods on hand and then move to and resume business at a new location within the Borough of Shrewsbury or will then continue business from other existing locations in said Borough.[3]
VENDING MACHINE
Any machine or device, whether automatic or not, controlled by the insertion of a coin or coins, for the vending of service, food, liquids, confections, goods, wares, merchandise or articles of any type, kind or description.
[1]
Note: Singular number of "insignia."
[2]
Editor's Note: The former definition of "peddler," which immediately followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III). See now Ch. 132, Hawking, Peddling and Canvassing.
[3]
Editor's Note: The former definition of ”transient merchant, itinerant merchant and itinerant vendor,” which immediately followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III). See now Ch. 132, Hawking, Peddling and Canvassing.
[Amended 1-16-1978 by Ord. No. 411; 7-9-1979 by Ord. No. 435; 12-10-1984 by Ord. No. 520; 12-2-2002 by Ord. No. 802; 10-7-2003 by Ord. No. 818]
A. 
Hereafter, any person, persons, corporation or corporations engaged in, conducting or operating any business, including purchasing of precious metals, a canvasser or solicitor, a commercial or noncommercial handbill distributor, a peddler, a transient merchant, an itinerant merchant and the operator of a fire and other altered goods sale, a going-out-of-business sale, a removal-of-business sale, a jukebox or other vending machine, an electronic or mechanical amusement device or any other business, as defined in this chapter, within the limits of the Borough of Shrewsbury shall be required to secure a license for any business conducted and each device operated and shall pay annually to the Borough of Shrewsbury a license fee of $100 for each such business conducted and a license fee of $25 for each such machine or device operated.
B. 
No building, structure or land shall be occupied or used until such time as a permit, signed by the Zoning Officer, approving the business use of the building structure or land, has been submitted.
[Amended 1-16-1978 by Ord. No. 411; 7-9-1979 by Ord. No. 435; 10-7-2003 by Ord. No. 818]
The above-mentioned license fees are all imposed for the cost of regulation and administration of the administrative code.
For the purposes of this chapter, any person shall be deemed engaging in business and subject to the provisions of this chapter if he does one of the following:
A. 
Sells any goods or services.
B. 
Solicits business or offers goods or services for sale or hire.
C. 
Acquires or uses any vehicle, machine or device, or any premises within the Borough of Shrewsbury, for business purposes.
D. 
Buys or attempts to buy precious metals, gems, coins and all forms of previously owned jewelry, whether on the basis of bulk value or individual item.
[Added 12-10-1984 by Ord. No. 520]
The agents, servants, employees or other representatives of corporations, partnerships, resident or nonresident individual natural persons, joint ventures, societies, associations, clubs, trustees, trusts or unincorporated groups shall be personally responsible for compliance with this chapter by their principals and by the businesses which they represent.
A. 
No person shall be granted a license for a going-out-of-business sale, a removal-of-business sale or a fire or other altered goods sale unless:
(1) 
He has been the owner of a business as described in the application for a license hereunder for a period of at least six months prior to the date of the proposed sale; and
(2) 
He has not held a similar sale at the location stated in the license application within one year from the date of such application; and
(3) 
The license applies to only one business and is not conducted or advertised in cooperation or by participation with any other business.
B. 
Such license shall:
(1) 
Authorize only one type of sale described in the application at the location named therein.
(2) 
Continue for a period not exceeding three months from the date of granting of license and shall not be renewable, assignable or transferable.
C. 
The provisions of the preceding Subsections A and B shall not apply to:
(1) 
Any person acting pursuant to an order or process of a court of competent jurisdiction.
(2) 
Persons acting in accordance with their powers and duty as public officials.[1]
[1]
Editor's Note: Former §§ 53-7, Solicitations by charitable nonprofit corporations, and 53-8, Dissemination of political and religious ideas, as amended, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III). See now Ch. 132, Hawking, Peddling and Canvassing.
Every person required to procure a license under the provisions of this chapter shall submit an application for such license to the Borough Clerk of the Borough of Shrewsbury. Said application shall be accompanied by the full amount of the fees chargeable for the license for which applied. Said application shall be a written statement upon forms provided by the Borough Clerk and shall contain the following information:
A. 
The previous license history of the applicant, including any previous revocation or suspension and the reasons therefor.
B. 
A statement that the applicant is not violating the Zoning Ordinance of the Borough of Shrewsbury.[1] If the applicant occupies a nonconforming use, proof of date of occupancy and operation must be given.
[1]
Editor's Note: See Ch. 94, Zoning and Land Development.
C. 
A statement that the applicant is not in default under the provisions of this chapter or indebted or obligated in any manner to the Borough of Shrewsbury, except for current taxes.
D. 
Such other facts relative to the general personal history of the applicant, or its officers and managers if said applicant is not an individual, so as to enable the Borough Clerk to make a fair determination of the eligibility of the applicant.
E. 
Name of the person to whom the license will be issued, and his residence address. If the applicant is not an individual, the names, positions and residence addresses of all officers and managers of the applicant.
F. 
The premises at which the business is to be carried on, and the name and address of the owner of said premises.[2]
[2]
Editor's Note: Former § 53-10, Applications from transient merchants and peddlers, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III). See now Ch. 132, Hawking, Peddling and Canvassing.
[Amended 12-10-1984 by Ord. No. 520]
Upon written request of the Borough Clerk, the Police Department shall ascertain whether or not the applicant has any criminal record and report in writing within 30 days after the request. The Police Department shall set forth in its report reasons for denying or granting the applicant a license. When an applicant files for a license to buy precious metals, coins or jewelry, either as a primary business or in connection with another business, said application shall be referred to the Police Department, which shall conduct an investigation as stipulated in this section.
After submission of the application and the required fees to the Borough Clerk, the Borough Clerk shall cause an investigation to be made and shall indicate in writing approval or disapproval of the license application within 10 days following receipt of the report of the Police Department as required in § 53-9 preceding. If approved, the license shall issue forthwith in the name of the Borough Clerk. If disapproved, the Borough Clerk shall forthwith notify the applicant in writing of such disapproval and reasons therefor, and the applicant shall have 10 days from receipt of notice of disapproval to appeal from the decision of the Borough Clerk to the Mayor and Council of the Borough of Shrewsbury, who after due hearing shall affirm or reverse the decision of the Borough Clerk.
Applications for renewal or transfer of a license shall follow the same procedure as is outlined for original applications for licenses.[1]
[1]
Editor's Note: Former § 53-15, Bond required of transient merchants and peddlers, which immediately followed this section, was deleted 5-15-2006 by Ord. No. 871. See now Ch. 132, Hawking, Peddling and Canvassing.
If a licensed business is transferred to a new location within the Borough of Shrewsbury, or an established business remaining in the Borough is sold, the license therefor may be transferred, provided that the annual license fee for the year has been paid and a transfer fee of $5 is paid to the Borough Clerk.
A duplicate license may be issued by the Borough Clerk to replace any license previously issued, which license has been lost, stolen, defaced or destroyed without any willful conduct on the part of the licensee, upon the filing by the licensee of an affidavit sworn to before a notary public of the State of New Jersey attesting to such fact and the payment to the Borough Clerk of a fee of $5.
No rebate or refund of any license fee or any part thereof shall be made by reason of retirement of any licensee from business or by reason of the nonuse of such license for all or any portion of the licensed year, or by reason of a change of location or business or by reason of fire or other accident or other casualty rendering the use of such license ineffective.
Each license issued hereunder shall state upon its face the following:
A. 
The name of the licensee and any other name under which such business is to be conducted.
B. 
The kind and address of each business so licensed.
C. 
The amount of the license fee therefor.
D. 
The dates of issuance and expiration thereof.
E. 
Such other information as the Borough Clerk shall determine.
Every licensee under this chapter shall:
A. 
Permit all reasonable inspections of his business.
B. 
Permit access to the licensed premises at all reasonable times by the Borough Clerk or authorized agent.
C. 
Ascertain and at all times comply with all laws and regulations applicable to such licensed businesses.
D. 
Avoid all forbidden, improper, unlawful or unnecessary practices, businesses or conditions which do or may affect the public health, morals or welfare.
E. 
Refrain from operating the licensed businesses on premises after expiration of his license and during the period when his license is revoked or suspended.
F. 
Post and maintain his license upon the licensed premises in a place where it may be seen at all times. Moreover, in the case of cigarette vending machines, jukeboxes, vending machines and mechanical amusement devices, the license or licenses herein provided for shall be posted permanently and conspicuously at the location of the machine or device in the premises wherein the same is to be operated or maintained to be operated, and such machine or device shall have affixed thereto any insignia delivered for use therewith upon the outside of same so that it may be seen at all times.
G. 
Carry and display, at all times, his license and identification to any person requesting the same, if the licensee is a transient merchant, itinerant merchant, itinerant vendor, peddler, solicitor, canvasser or handbill distributor.
H. 
Not loan, sell, give or assign to any other person, or allow any other person to use or display, or to destroy, damage or remove, or to have in his possession, except as authorized by the Borough Clerk or by law, any license or insignia which has been issued to said licensee.
I. 
Require persons regulated to purchase precious metals to require of anyone offering to sell them merchandise regulated by this chapter to produce two identifications, such as a driver's license, voter registration card, social security card or similar identification. They shall also sign and give to the seller a receipt for said merchandise and shall obtain from the seller the following information: name, address, sex, date of birth, social security number, if available, and physical description. A form for physical description shall be available if desired from the Police Department.
[Added 12-10-1984 by Ord. No. 520]
(1) 
All persons regulated by this section shall maintain a record of each purchase, which record shall contain a description of the merchandise purchased, any identifying numbers on the merchandise, a copy of the signed receipt given to the seller and a record of all information required under this section.
(a) 
The receipt provided to the seller shall contain the following information:
[1] 
The price at which the precious metals are being bought, expressed as a price per ounce.
[2] 
The weight of the precious metal purchased together with a full and complete description of the items being purchased.
[3] 
If the item purchased is a gem or piece of jewelry not bought on the basis of weight, the price being paid for the item together with a description of the item.
[4] 
The name and address of the seller.
(b) 
These records shall be available for inspection by the Police Department of the Borough of Shrewsbury and shall be maintained for two years from the date of purchase.
(2) 
Within 24 hours of the close of business on any day except Saturday, all persons regulated under this chapter shall deliver to the Police Department of the Borough of Shrewsbury a list of all items of merchandise covered by this chapter purchased by them. For all merchandise purchased on Saturday, said list of items shall be delivered to the Police Department by no later than 12:00 noon of the Monday following. Said list shall contain a description of each item, any identifying numbers, the time of purchase and the name and address of the seller.
(3) 
No person regulated by this chapter shall sell, melt down or otherwise dispose of any merchandise covered by this chapter purchased by him until after the expiration of 72 hours from the close of business on the date of purchase; provided, however, that no such waiting period shall be required if the merchandise is purchased from a person regularly engaged in the business of buying and selling precious metals and licensed and regulated pursuant to an ordinance of another municipality similar to this chapter and requiring a similar waiting period of not less than 72 hours:
(a) 
The license obtained in accordance with this chapter.
(b) 
The prices at which the precious metals are being bought, expressed as price per ounce.
(4) 
No person who engages in the business of the purchase of precious metals, gems, coins or previously owned jewelry shall purchase any such items from any person under the age of 18 years.
It shall be unlawful for any person or persons to manage or conduct any business or use for any business any wagon, vehicle, motor-driven vehicle, stand, store or other place or thing herein required to be licensed, or to aid, assist or act as employee, clerk or otherwise in the carrying on of such business or using any wagon, vehicle, motor-driven vehicle, stand, store or other place or thing as aforesaid, unless such license fee has been paid and such certificate obtained as hereinbefore required.
No license shall be required of any person for any mere delivery in the Borough of any property purchased or acquired in good faith from such person at his regular place of business outside of the Borough, where no intent by such person is shown to exist to evade the provisions of this chapter.
The Chief of Police and all police officers of the Borough of Shrewsbury shall examine all places of business and all persons in said Borough to determine if this chapter has been complied with, and shall enforce the provisions of this chapter against any person found to be violating the same. Further, it shall be their duty to require any person seen peddling, soliciting, canvassing or distributing and who is not known by such officer to be duly licensed, to produce his peddler's, solicitor's, canvasser's or distributor's license, as the case may be, and to enforce the provisions of this chapter against any person found to be violating the same.
Any permit or license granted or issued pursuant to this chapter may be revoked by the Mayor and Council, after notice and hearing, for any of the following causes:
A. 
Any fraud, misrepresentation or false statement contained in the application for license.
B. 
Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise.
C. 
Any violation of this chapter.
D. 
Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
E. 
Conducting the business licensed under this chapter, through the applicant himself or any of his agents, servants or employees, in any unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the general welfare of the public.
Notice of hearing for revocation of license, under § 152-22 preceding, shall be given in writing by the Borough Clerk, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed by certified mail to the licensee, at his address indicated on his license application, at least five days prior to the date set forth for the hearing.
In addition to the provisions for revocation, the Chief of Police, any police officer of the Borough of Shrewsbury or any taxpayer or resident of the Borough may make complaint in the Municipal Court of the Borough of Shrewsbury for any violation of this chapter or any section, paragraph or provision thereof. Upon conviction in such case, for each and every violation, the person committing, taking part or assisting in the violation or violations shall be subject to a fine of not less than $50 nor more than $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each day that a violation is permitted to exist shall constitute a separate offense.