[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:
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.]
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.
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:
Which advertises for sale any merchandise, product,
commodity or things; or
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
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
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.
"Commercial handbill" shall not include any
newspaper of general circulation as defined by general law.
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.
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.
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.
Any tag, plate, badge, emblem, sticker or any other kind
of device which may be required for any use in connection with any
license.
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.
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.
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]
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.
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]
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]
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.
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]
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.
[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.
C.
(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.
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.
No license or renewal thereof shall be issued
to a person not of good moral character. If the applicant is not an
individual, these provisions shall apply to its officers and managers.
[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 § 152-12, Bond required of
newly established businesses, was repealed 5-17-2010 by Ord. No. 942.
All licenses shall commence as of the first
day of July in each year and shall expire on the 30th day of June
in the following year. All license fees shall be due and payable on
the first day of July in each year.
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:
(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.
