The following definitions shall apply in the interpretations and the
enforcement of this chapter:
ADVERTISING MATERIALS
Handbills, posters, circulars, pamphlets and other written or printed
matter or advertising merchandise of any kind or nature.
AUCTION
The public sale of personal property to one who offers to pay the
highest price.
AUCTIONEER
One who auctions personal property or one whose business is holding
auctions.
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, patriotic, political, religious, not-for-profit
or eleemosynary group, association or corporation which solicits and collects
contributions for charitable purposes.
CHARITABLE PURPOSE
Any charitable, benevolent, philanthropic, patriotic, political,
religious or eleemosynary purpose.
CONTRIBUTION
The promise or grant of any money or property of any kind or value.
MERCHANDISE
Includes all goods, wares, food, fruit, vegetables, farm products,
magazines, periodicals and all kinds of articles of personal property for
domestic use, including product samples. Orders of contracts for a service,
home improvement or alteration and market and opinion surveys or polls are,
for the purposes of this chapter, deemed "merchandise."
PEDDLER or SOLICITOR
A peddler, hawker, vendor, canvasser or solicitor and shall include
any person traveling by foot, wagon, motor truck, motor vehicle or any other
type of conveyance carrying, conveying or transporting merchandise, taking
or attempting to take orders for sale of merchandise or for services to be
furnished or performed in the future, whether or not such individual has,
carries or exposes for sale a sample of the merchandise or service, or making
sales and delivering such merchandise or service to purchasers and whether
or not he is collecting advance payments on such sales. Mobile vendors of
frozen products only, such as ice cream, frozen ices or frozen confectionary
products, and wholesaler salesmen calling on retail merchants are specifically
excluded from the definition of "peddler or solicitor."
PERSON
Includes the singular and the plural and any person, firm or corporation,
association, club, partnership, society or any other organization.
PERSONAL PROPERTY
Any goods, wares, works of art, commodity, compound or thing, chattels
or merchandise.
VEHICLE
Includes wagons, carts, trailers, motor trucks, motor vehicles, service
dispensers or other type of conveyance.
It shall be unlawful for any peddler, solicitor or auctioneer as defined in §
187-1 of this chapter to engage in such activity within the Borough of Rockaway or any person not a resident within the Borough to post, circulate or distribute or cause to be posted, circulated or distributed advertising materials without first obtaining a license as provided herein.
All applicants shall pay the license fee required by §
187-5, if applicable, and file with the Police Department a sworn written application, in duplicate, on forms to be furnished by the Police Department, which shall give the following information, if applicable:
A. The name and a description of the applicant, including
date of birth, driver's license number and social security or tax identification
number.
B. The permanent home address and full local address, if
any, of the applicant. If the applicant is a corporation, the name and address
of its registered agent.
C. The name and address of the employer, firm or person
represented, together with credentials establishing the exact relationship.
D. A brief statement of the nature of the business and a
description of the merchandise or service to be sold or distributed.
E. The character of the property, goods, wares or merchandise
and estimated amount of property which the applicant will sell at auction.
F. If the licensed activity is to be carried on at a fixed
location, the address and description of the premises.
G. If the licensed activity is an auction, the name of the
owner of the premises upon which the auction will take place.
H. If applying for an auctioneer's license, a statement
as to whether the applicant holds or has held an auctioneer's license from
any state, municipality, governing body or licensing authority; a list of
such licenses and a statement of the time, place and by whom issued; a statement
as to whether any such authority has ever refused to issue or to renew an
auctioneer's license to the applicant, together with a brief statement as
to the reasons for any such refusal; and a statement as to whether any such
authority has ever revoked an auctioneer's license held or previously held
by the applicant, together with a brief statement as to the reasons for any
such revocation. The term "auctioneer's license" as used in this section shall
be held to include in its meaning any special permits to conduct an auction.
I. The length of time for which the license is required.
J. If a vehicle is to be used, a description of such vehicle
and its license number.
K. The days of the week and the hours of the day during
which the licensed activity will be conducted.
L. The place where the merchandise to be sold or offered
for sale is manufactured or produced, the place where such merchandise is
located at the time such application is filed and the proposed method of delivery.
M. A photograph of the applicant taken 60 days immediately
prior to the date of the application, which photograph shall clearly show
the head and shoulders of the applicant and shall measure two inches by two
inches.
N. A statement as to whether the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance, other than
traffic offenses, the nature of the offense and the punishment and/or penalty
imposed.
O. Appropriate evidence as to the good character and business
responsibility of the applicant so that an investigator may properly evaluate
the same.
P. Applications by partnerships shall be signed by all partners
with the information required by this chapter supplied in detail as to each
partner, and applications of corporations shall have attached individual statements
containing all of the information required by this section relating to each
employee or agent who shall engage in the licensed activity and shall be signed
by said employee or agent.
The nonrefundable fee to be paid by each applicant at the time of submitting an application for a license shall be as provided in Chapter
A263, Fees. For the purposes of this chapter, a week shall constitute any six consecutive days, excluding Sundays.
Licenses shall not be transferable and must be surrendered upon expiration
or upon the obtaining of a renewed license.
It shall be the duty of any police officer of the Borough of Rockaway
to enforce provisions of this chapter and to require any person seen peddling,
soliciting, auctioning or distributing advertising materials who is not known
by such officer to be duly licensed to produce his license. Where applicable,
the Health Department should assist the Police Department in enforcing the
provisions of this chapter.
The Police Chief shall maintain a record of all licenses issued under
the provisions of this chapter and shall record all convictions for violations
of this chapter and other pertinent circumstances and incidents reported to
the Chief of Police.
Any person aggrieved by the action of the Chief of Police in the denial
of an application for a permit or license as provided in this chapter or in
the decision with reference to the revocation of a license as provided in
this chapter shall have the right of appeal to the Borough Council of the
Borough of Rockaway. Such appeal shall be taken by filing with the Borough
Council, within 14 days after notice of the action complained of has been
mailed to such person's last known address, a written statement setting forth
fully the grounds for the appeal. The Borough Council shall set a time and
place for a hearing on such appeal, and notice of such hearing shall be given
to the appellant in the same manner as provided in this chapter for notice
for hearing or revocation. The decision and order of the Borough Council on
such appeal shall be final and conclusive. In accordance with N.J.S.A. 2A:168A-2,
if the denial of an application or the revocation of a license or permit is
upheld based upon the grounds set forth in this chapter, the applicant shall
be provided with a written explanation based upon consideration of the factors
enumerated in this chapter.
It shall be unlawful for an auctioneer to sell any personal property
at an auction in the Borough of Rockaway without first obtaining a permit.
No permit shall be granted except for the purpose of a bona fide liquidation
of an existing business located within the Borough and the sale at an auction
of such property as actually existed within the Borough prior to the application
for a permit and utilized in the applicant's business.
All applicants shall pay the permit fee as required by §
187-18, if applicable, and file with the Borough Clerk a sworn written application, in duplicate, on forms to be provided by the Borough Clerk, which shall give the following information:
A. The number and date of the applicant's auctioneer's license
issued by the Borough.
B. The full name of the applicant and the capacity in which
he acts (i.e., owner, executor, trustee, etc.).
C. The residence and mailing address of the applicant.
D. The place in the Borough where the business is conducted
and the auction will occur.
E. If the applicant is a corporation and, if so, the location
of the registered office in the state and the name of the registered agent.
F. The nature of the applicant's business or the type of
business the applicant represents.
G. The kind and nature and the estimated amount of property
to be sold at the auction.
H. The estimated period of time for which the permit is
requested.
The applicant for a permit required by this chapter shall file with
his application a certificate of the Fire Department signed by the Chief of
the Department stating that the premises to be covered by the permit has sufficient
exits, fire escapes and other facilities to reasonably provide adequate and
sufficient protection from fire and other sources of danger to persons attending
the auction.
Any permit granted in accordance with this chapter shall be conspicuously
displayed at the permitted place of the auction, as shall the license of the
auctioneer when engaged at any location.
No person holding a permit to conduct an auction shall use or employ
an individual as an auctioneer unless the individual has obtained an auctioneer's
license as provided in this chapter.
No auction shall be permitted except at the place of business of the
person or his principal applying for a permit to conduct such auction.
No auction shall be conducted except in an enclosed building nor shall
any loudspeaker or other amplifying device be maintained or operated so as
to project any sound outside of the building.
It shall be unlawful for any permittee or the agent or employee of any
permittee or any licensed auctioneer to falsely represent the character, quality,
condition, value or ownership of any goods or to make any statements relating
thereto likely to receive a prospective bidder.
No auctioneer shall accept false bids from any person in the employ
of himself or others.
It shall be unlawful for any person to do the following:
A. Act as a by-bidder or what is commonly known as a "capper"
or "booster" at any public auction.
B. Offer or make false bids on any personal property exposed
or offered for sale at such auction.
C. Pretend to buy anything at any public auction sale in
order, in any manner, to stimulate such sales by any deceit or misrepresentation
in the making of bids or offers for the purchase of any personal property
exposed or offered therein for sale.
[Amended 8-24-2006 by Ord. No. 15-06]
Any person violating any of the provisions of this chapter shall, upon
conviction thereof, be punished by a fine of not less than $100 nor more than
$2,000, imprisonment for not more than 90 days and/or 90 days' community service,
all in the discretion of the Court.