[Adopted 6-1-1966 by Ord. No. 8-1966]
As used in this article, 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 City of Brigantine, as set forth in N.J.S.A.
40:52-1 and the acts amendatory thereof and supplemental thereto.
Any person traveling either by foot, wagon, automotive vehicle
or any type of conveyance from place to place or from house to house
carrying, conveying or transporting goods, wares, food or other merchandise
and offering and exposing the same for sale upon invitation only at
the consumer's home, business or other premises and not for sale to
the general public at locations within the public right-of-way.
[Amended 6-16-1982 by Ord. No. 23-1982]
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.
Sales held out in such a manner as to reasonably 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 to reasonably 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-administrator's, benefit-of-creditors', benefit-of-trustee's,
building-coming-down, closing, creditor's-committee, creditor's, executor's,
final-days, forced-out, forced-out-of-business, insolvent's, last-days,
lease-expires, liquidation, loss-of-lease, mortgage-sales, receiver's,
trustee's and quitting-business.
Includes 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 City of Brigantine. This definition shall not prohibit sale
of newspapers, regularly published, through newsboys, newsmen or from
news store premises in the City of Brigantine.
COMMERCIAL HANDBILLIncludes any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature which:
Advertises for sale any merchandise, product,
commodity or thing;
Directs attention to any business or mercantile
or commercial establishments or other activity, for the purpose of
either directly or indirectly promoting the interests thereof by sale;
Directs attention to or advertises any show,
theatrical performance, exhibition or event of any kind, which an
admission fee is charged for the purpose of private gain or profit;
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; or
Is not distributed on a regular basis.
NONCOMMERCIAL HANDBILLIncludes 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."
The aforegoing definitions of "commercial handbill"
and "noncommercial handbill" shall not include any newspaper of general
circulation as defined by general law or any periodical or current
magazine regularly published with not fewer than four issues a year
and sold to the public.
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 and all games, operations or transactions similar thereto,
under whatever name they may be included.
Any person, traveling by foot, wagon, automotive vehicle
or any other type of conveyance, from place to place and from street
to street, carrying, conveying or transporting goods, wares, foods
or other merchandise, offering and exposing the same for sale to the
public at locations within the public right-of-way and not at the
consumer's home, business or other premises. The term "peddler" shall
include the terms "hawker" and "huckster."
[Amended 6-16-1982 by Ord. No. 23-1982]
Includes 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.
Includes all land, structures and 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 is otherwise
used in connection with any such business conducted on such premises.
A sale held out in such a manner as to reasonably 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 City of Brigantine or will then continue business from
other existing locations in said City.
Persons, corporations or partnerships, whether principal
or agent, who engage in a merchandising business in the City of Brigantine,
New Jersey, with intent to close out or discontinue such business
within one year from the date of commencement, including those who,
for the purpose of carrying on such business, hire, lease or occupy
any building, structure or railroad car for the exhibition and sale
of such goods, wares and merchandise, but nothing in this definition
shall be construed to affect the sale of fruits, vegetables and farm
products, such as meat, poultry, butter and eggs.
[Amended 6-16-1982 by Ord. No. 23-1982]
Includes 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 6-16-1982 by Ord. No. 23-1982]
It shall be unlawful for any person, partnership
or corporation, either directly or indirectly, to conduct the business
of peddling any goods, wares, food or other merchandise within the
City of Brigantine unless the individual actively conducting such
business holds a valid license to do so pursuant to N.J.S.A. 45:24-9
et seq. No additional license shall be required from the City of Brigantine
for the business of peddling to be actively conducted by the holder
of such a license. No other lawful business shall be conducted within
the City of Brigantine unless a license or permit therefor is first
procured and kept in effect at all such times as required by this
article or any other applicable ordinance of the City of Brigantine.
For the purposes of this article, any person
shall be deemed engaging in business and subject to the provisions
of this article when he does one act of:
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
the compliance with this article by their principals and by the businesses
they represent.
For a going-out-of-business sale or a removal-of-business
sale or a fire or other altered-goods sale, no person shall be granted
a license unless:
A.
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.
B.
He has not held a similar sale, at the location stated
in the application, within one year last past from the date of such
application.
C.
The application applies to only one business and is
not conducted or advertised in cooperation or by participation with
any other business.
D.
He shall file with the licensing officer a complete
inventory of goods that are to be offered for sale.
In cases covered by § 210-5 preceding, the license shall:
A.
Authorize only one type of sale described in the application
at the location named therein.
B.
Authorize only the sale of goods described in the
inventory filed with the licensing officer and shall forbid additions
or replacements.
C.
Continue for a period not exceeding three months from
the date of granting of license and shall not be renewable, assignable
or transferable.
[Added 5-19-1993 by Ord. No. 3-1993]
No mercantile license shall be issued to any
person, corporation or other entity seeking to operate any business
which requires the issuance of such a mercantile license, which is
situated within the City of Brigantine, nor shall any such mercantile
license be renewed unless the applicant for said mercantile license
has submitted sufficient proof to the Mercantile Officer of the City
of Brigantine that there are no delinquent local real property taxes
outstanding concerning the land and/or premises upon which the business
is to be conducted which requires the applicant to apply for such
mercantile license.
[Added 5-19-1993 by Ord. No. 3-1993]
No mercantile license shall be issued to any
person, corporation or other entity seeking to operate any business
which requires the issuance of such a mercantile license, which is
situated within the City of Brigantine, nor shall any such mercantile
license be renewed unless the applicant for said mercantile license
has submitted sufficient proof to the Mercantile Officer of the City
of Brigantine that there are no delinquent water charges (including
charges for excess water consumption) outstanding concerning the land
and/or premises upon which the business is to be conducted which requires
the applicant to apply for such mercantile license.
[Added 5-19-1993 by Ord. No. 3-1993]
No mercantile license shall be issued to any
person, corporation or other entity seeking to operate any business
which requires the issuance of such a mercantile license, which is
situated within the City of Brigantine, nor shall any such mercantile
license be renewed unless the applicant for said mercantile license
has submitted sufficient proof to the Mercantile Officer of the City
of Brigantine that there are no delinquent sewer charges outstanding
concerning the land and/or premises upon which the business is to
be conducted which requires the applicant to apply for such mercantile
license.
[Added 5-19-1993 by Ord. No. 3-1993]
This ordinance[1] is limited in its effect to mercantile licenses only and
is not intended to change, modify or alter in any fashion the definition
of delinquent real property taxes, water charges or sewer charges
as stated by other ordinances of the City of Brigantine, regulations,
statutes or as promulgated by any taxing authority or appropriate
employees of the City of Brigantine.
[1]
Editor's Note: "This ordinance" refers to
Ord. No. 3-1993, adopted 5-19-1993.
[Amended 6-20-1984 by Ord. No. 16-1984]
Every person required to procure a license under
the provisions of this article shall submit an application for such
license to the Mercantile License Officer of the City of Brigantine
at the City Hall, Brigantine, New Jersey, which application shall
be accompanied by the full amount of the fees chargeable for the license
applied for.
Said application shall be a written statement
upon the forms provided by the City License Officer and shall contain
the following:
A.
The previous license history of the applicant and
whether there is any previous revocation or suspension and the reasons
therefor.
B.
A statement that the applicant is not violating Chapter 198, Land Use. If the applicant occupies a nonconforming use, proof of date of occupancy and operation must be given. If the applicant intends to operate any business at or located in or on property not zoned for commercial activities according to Chapter 198, Land Use, the applicant must first obtain permission of the applicable zoning authorities of the City of Brigantine to conduct such business. Failure to disclose the actual location of any business premises or intended business use shall cause the applicant to be subject to the penalty provisions of this article and of Chapter 198, Land Use, as subsequently amended. Mercantile licenses issued under this article to businesses having their principal place of business without the boundaries of this City and claiming to only operate equipment, vehicles or personnel within the boundaries of this City shall not be issued a mercantile license under this article nor maintain any place of business in the City of Brigantine, unless the application shall show the location of such business within or without the City of Brigantine and, further, if such location is claimed to be within the City of Brigantine, that it shall be one permitted to be a business location pursuant to Chapter 198, Land Use.
[Amended 12-16-1987 by Ord. No. 25-1987; 4-20-1988 by Ord. No. 8-1988]
C.
A statement that the applicant is not in default under
the provisions of this article or indebted or obligated in any manner
to the City of Brigantine, except for current taxes.
D.
The fingerprints of the person or persons having the
management or supervision of the applicant's business.
[Amended 11-10-1993 by Ord. No. 29-1993]
E.
The name of the person to whom the license will be
issued and his residence address; if the applicant is not an individual,
then 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.
[Amended 6-16-1982 by Ord. No. 23-1982; 6-20-1984 by Ord. No. 16-1984; 11-10-1993 by Ord. No. 29-1993]
In addition to the requirements of § 210-9 preceding, persons applying for licenses as transient merchants, itinerant vendors, solicitors, canvassers or handbill distributors shall furnish this further information on their respective applications or attach the same thereto:
A.
A listing of all misdemeanors, felonies or violations
of any municipal ordinance for which the applicant has been convicted,
the nature of the offense and the punishment assessed therefor. If
the applicant is not an individual, these provisions shall apply to
its officers and managers.
B.
The place or places in the City of Brigantine where
the applicant proposes to conduct business, solicit, canvass or distribute
and the length of time it proposes to do so.
C.
The place or places, within or without the City of
Brigantine, where the applicant, within two years next preceding the
date of said application, did conduct business, solicit, canvass or
distribute.
D.
A statement of the nature, character and quality of
the goods, wares or merchandise to be sold or offered for sale, where
manufactured and located, and the proposed method of delivery.
E.
A brief statement of the nature and character of the
advertising done or proposed to be done in order to attract customers.
F.
Credentials from the person, firm or corporation for
which the applicant proposes to do business, authorizing the applicant
to act as such representative.
G.
Such other reasonable information as to the identity
or character of the person or persons having the management or supervision
of the applicant's business or the method or plan of doing such business
as the City License Officer may deem proper to fulfill the purposes
of this article and the protection of the public good.
H.
A photograph of the applicant, taken within 30 days
immediately prior to the date of filing of the application, which
picture shall be two inches by two inches, showing the head and shoulders
of the applicant in a clear and distinguishing manner.
I.
If a vehicle is to be used, a description of the same,
together with the license registration number or other means of identification.
J.
A statement from a licensed physician of the State
of New Jersey dated not more than seven days prior to the submission
of the application, certifying the applicant to be free of infectious,
contagious or communicable diseases.
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.
Upon written request of the City License Officer
or the City Clerk, the Chief of Police shall ascertain if the applicant
has any criminal record and report, in writing, affirmatively or negatively
thereon, within seven days after said request is made, indicating
in his report his approval or disapproval of the granting of a license
and giving his reason therefor.
[Amended 6-20-1984 by Ord. No. 16-1984]
After submission of the application and the
required fees to the City Mercantile License Officer, the Mercantile
License Officer shall make any investigation necessary and shall indicate
his written approval or disapproval of the license application within
30 days after the application is filed. If approved, the license shall
be issued forthwith. If disapproved, the Mercantile License Officer
shall forthwith notify the applicant and the City Clerk in writing
of such disapproval and the reasons therefor, and the applicant shall
have 10 days from receipt of notice of disapproval to appeal from
the decision of the Mercantile License Officer to the Board of Commissioners
of the City of Brigantine who, after due hearing, can affirm or reverse
the decision of the Mercantile License Officer.
Applications for renewal or transfer of a license
shall follow the same procedure as is outlined in the preceding sections
for an original application.
[Amended 6-16-1982 by Ord. No. 23-1982; 11-10-1993 by Ord. No. 29-1993]
Before any license, as provided by this article,
shall be issued for a transient merchant, itinerant vendor or commercial
handbill distributor, the applicant for said license shall file with
the City Clerk of the City of Brigantine a bond running to the City
of Brigantine in the sum of $2,000 executed by the applicant as principal
and issued by a surety company with a license to do business in the
State of New Jersey as surety, which bond is to be approved as to
form by the City Solicitor and conditioned as follows:
A.
The applicant shall comply fully with all the provisions
of the ordinances of the City of Brigantine and the statutes of the
State of New Jersey respecting the applicant's business.
B.
The bond shall provide for payment of all judgments
and costs rendered against such applicant for any violation of said
ordinances and statutes.
C.
The bond shall provide for payment of all judgments
and costs rendered or recovered against the applicant or any of his
agents, servants or employees for damages growing out of any tort
or crime committed by the applicant or any of his agents or employees
on any person in the City of Brigantine, while engaged in business
within the City, and for damages growing out of any misrepresentation
or deception practiced on any person transacting such business with
such applicant, whether such misrepresentations or deceptions were
made or practiced by the applicant 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 goods, wares and merchandise sold or any part thereof.
D.
All money paid as a down payment will be accounted
for and applied according to the representation of the applicant,
or his agents, servants or employees, and further guarantee to any
citizen or resident of the City of Brigantine doing business with
the said applicant, or his servants, agents or employees, that the
property purchased will be delivered according to the representation
of the applicant, or his agents, servants or employees.
[1]
Editor's Note: Former § 210-16,
Additional fee for Tourist and Business Development Commission, added
12-16-1987 by Ord. No. 25-1987, was repealed 2-6-2008 by Ord. No.
3-2008.
[Amended 5-16-1979 by Ord. No. 11-1979; 6-20-1984 by Ord. No. 16-1984; 12-16-1987 by Ord. No. 25-1987]
A.
All license fees shall be due and payable to the collector
of mercantile license fees at his office on the first day of December
in each year, and all such licenses shall expire on the 30th day of
November following such payment.
[Amended 5-19-1993 by Ord. No. 3-1993]
B.
Renewal licenses not purchased prior to the first day of the month following the expiration date, except in transition years 1988 to 1989 and 1989, shall be surcharged a fee as set forth in Article II, Fees Schedule, of this chapter, per month, administrative late charge. Nothing in this subsection limits or is intended to restrict, limit or alter the penalty provisions of this article or of law.
[Amended 12-28-1992 by Ord. No. 28-1992]
[Amended 6-20-1984 by Ord. No. 16-1984; 12-16-1987 by Ord. No. 25-1987; 12-28-1992 by Ord. No. 28-1992]
On transfer of location of licensed businesses within the City of Brigantine or on the sale of an existing business, licenses may be transferred, provided that the annual license fee has been paid, and applicants shall pay a transfer fee as set forth in Article II, Fees Schedule, of this chapter.
[Amended 6-20-1984 by Ord. No. 16-1984; 12-28-1992 by Ord. No. 28-1992]
A duplicate license may be issued by the Mercantile License Officer 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 Mercantile License Officer of a fee as set forth in Article II, Fees Schedule, of this chapter.
No rebate or refund of any license fee or any
part thereof shall be made by reason of retirement of the 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 to be licensed.
C.
The amount of license fee therefor.
D.
The dates of issuance and expiration thereof.
E.
Such other information as the City License Officer
shall determine.
[Amended 6-16-1982 by Ord. No. 23-1982]
Each licensee under this article shall:
A.
Permit all reasonable inspections of his business.
B.
Permit access to the licensed premises at all reasonable
times by the City License Officer.
C.
Ascertain and at all times comply with all laws and
regulations applicable to such licensed business.
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 shall have affixed thereto any insignia delivered
for use therewith upon the outside of the 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 vendor, solicitor, canvasser or handbill distributor.
H.
Not loan, sell, give or assign to any other person,
or allow any other person to use and display or to destroy, damage
or remove or to have in his possession, except as authorized by the
City License Officer or by law, any license or insignia which has
been issued to said licensee.
[Amended 5-3-1978 by Ord. No. 7-1978; 6-16-1982 by Ord. No. 23-1982; 6-20-1984 by Ord. No. 16-1984]
A.
The licensee fees to be paid annually, unless otherwise specified, for conducting the business or businesses herein named at the premises to be designated in the license or licenses issued hereunder shall be as set forth in Article II, Fees Schedule, of this chapter.
[Amended 12-16-1987 by Ord. No. 25-1987; 12-28-1992 by Ord. No. 28-1992; 2-6-2008 by Ord. No.
3-2008]
B.
In case any person after having been duly licensed to conduct any of the businesses herein required to be licensed desires to add to such licensed business, and conduct therewith any other business not included in any classification for which his existing license was issued, he shall pay an additional fee in the amount prescribed by Article II, Fees Schedule, of this chapter, for the business so added and be entitled to and receive thereupon a new certificate including the new business. No such person shall conduct any such additional business without having first secured such license as herein provided for.
[Amended 6-16-1982 by Ord. No. 23-1982]
It shall be the duty of the Chief of Police,
the City License Officer and any police officer of the City of Brigantine
to examine all places of business and all persons of the City of Brigantine
to determine if this article has been complied with and to enforce
the provisions of this article against any person found to be violating
the same. Any transient merchant, itinerant vendor, peddler, solicitor,
canvasser or handbill distributor shall prominently display on his
person a currently valid license and shall promptly produce the same
for inspection upon request by any representative of the City of Brigantine
or any member of the general public.
No license shall be required of any person for
any mere delivery in the City of Brigantine of any property purchased
or acquired in good faith from such person at his regular place of
business outside of the City where no intent by such person is shown
to exist to evade the provisions of this article.
The Board of Commissioners of the City of Brigantine
may authorize the issuance of special permits, without the payment
of any license fees or other charge therefor, to any public, charitable,
educational, literary, fraternal or religious organization having
its location in the City of Brigantine, for the conduct or operation
of a temporary nonprofit enterprise for a public, charitable, educational,
literary, fraternal or religious purpose. The applicant, however,
shall submit the usual application form in the manner as hereinbefore
required and shall operate, if granted, a permit in accordance with
the requirements of this article.
Any permit or license granted or issued pursuant
to this article may be revoked by the Board of Commissioners, 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 article.
D.
Any conviction of the licensee of any felony or of
a misdemeanor involving moral turpitude.
E.
Any conduct of the business licensed under this article,
through 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 health, safety or general
welfare of the public.
Notice of hearing for revocation of license, under § 210-27 preceding, shall be given in writing by the City Clerk or the City license inspector, 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.
[Amended 12-28-1992 by Ord. No. 28-1992]
In addition to the provisions for revocation,
the City License Officer, the Chief of Police, any police officer
of the City of Brigantine or any taxpayer or resident of the City
may make complaint in the Municipal Court of the City of Brigantine
for any violation of this article, or any section, paragraph or provision
thereof. Upon conviction in such case, for each and every violation,
the person committing, taking part in or assisting in such violation
or violations shall be subject to a fine of not more than $1,000 or
be imprisoned in the county jail for a period not exceeding 90 days,
or both, at the discretion of the City Judge. Each day that a violation
is permitted to exist shall constitute a separate offense.
[Added 6-16-1982 by Ord. No. 23-1982]
No business of peddling shall be conducted within the City of Brigantine except within those zoning districts permitting commercial or business activity pursuant to Chapter 198, Land Use, as amended. Within such areas, no business of peddling shall be conducted except within the public right-of-way, and, within said business or commercial zoning districts, no such business activity shall be conducted within 200 feet of the public beach, any municipal building, church or school. In addition, any peddler lawfully operating within the City of Brigantine shall maintain at all times a distance of 200 feet from any other person engaging in such activity.
[Added 6-16-1982 by Ord. No. 23-1982]
A.
No person shall engage in the business of peddling
within the City of Brigantine before the hour of 9:00 a.m., nor after
dusk in the evening.
B.
Any person lawfully licensed to conduct the business
of peddling pursuant to N.J.S.A. 45:24-9 et seq. may do so within
the City of Brigantine as long as such business is conducted from
a licensed motor vehicle or a cart, wagon or other wheeled vehicle
or device which may be readily moved. Any such motor vehicle shall
park only in areas where vehicles are permitted, and any cart, wagon
or other wheeled device shall be located only within that portion
of the public right-of-way reserved for pedestrian traffic and shall
be placed in a manner so as not to impede pedestrian or vehicular
traffic. No motor vehicle, cart, wagon or other wheeled device shall
be permitted to do business at a fixed location, and every peddler
shall be required to move continuously his motor vehicle, wagon, cart
or other wheeled device without stopping at a fixed location for more
than five minutes unless a sale is actively being conducted at that
location.
[Added 6-16-1982 by Ord. No. 23-1982]
Any motor vehicle, wagon, cart or other wheeled
device operated by a lawfully licensed peddler shall have prominently
located thereon a container for the deposit of trash and other refuse.
No peddler shall cause any trash or refuse to be deposited elsewhere,
either by himself or his customers.
[Added 6-16-1982 by Ord. No. 23-1982]
No peddler shall permit any material to be placed
anywhere except on or within the motor vehicle, wagon, cart or wheeled
device used by him in the conduct of his business.
[Added 6-16-1982 by Ord. No. 23-1982]
No peddler shall sell or offer to sell any goods,
wares, food or merchandise to any person occupying a motor vehicle,
standing or moving on the public streets or highways.
[Added 6-16-1982 by Ord. No. 23-1982]
No motor vehicle, cart, wagon or other wheeled
device operated by a peddler shall be left unattended during business
hours, and any such motor vehicle, wagon, cart or other wheeled device
left unattended overnight shall be confiscated by the City of Brigantine.
[Added 6-16-1982 by Ord. No. 23-1982]
Prior to conducting the business of peddling
within the City of Brigantine, every person shall present to the City
Clerk a copy of a currently valid license issued to him by the Atlantic
County Clerk pursuant to N.J.S.A. 45:24-9 et seq., as well as a copy
of the application to the Atlantic County Clerk on the basis of which
such license was issued. In addition, any peddler who proposes to
sell food to the public shall also present to the City Clerk proof
of a current inspection by the Atlantic County Health Department of
all facilities used in the preparation and sale of such food. No peddler
shall engage in the sale of any goods, wares, food or merchandise
other than those items set forth on a license presented to the City
Clerk. Any peddler engaging in the business of selling food to the
general public within the City of Brigantine shall provide representatives
of the Police Department and the local and County Boards of Health
with access to his facilities for the preparation and sale of such
food during normal business hours for the purpose of determining compliance
with the requirements of N.J.S.A. 24:1-1 et seq. and N.J.A.C. 8:21-1.1.
[Added 9-15-2001 by Ord. No. 18-2001]
A.
For the purpose of this section, a "contractor" is
defined as any person, individual, partnership, limited liability
company, corporation or other business entity which engages in the
business of constructing, erecting, altering, repairing, remodeling,
restoring, re-roofing, residing, moving or demolishing the whole or
any part of any building or structure or engages in the construction
and installation of swimming pools, or engages in the business of
erecting or altering signs, and because of engaging in said business
is required to obtain a mercantile license by the City of Brigantine.
B.
No mercantile license shall be issued to any contractor
in the City of Brigantine unless said contractor provides to the Mercantile
Officer a valid, in effect, paid insurance policy or certificate evidencing
purchase of said policy in the name of the person, individual, partnership,
limited liability company, corporation or other business entity which
said policy provides general liability insurance in the minimum amount
of $1,000,000 and said insurance covers both property damage and personal
injury. All such policies of insurance must further clearly show that
the City of Brigantine has been named as an additional insured; and,
further, must contain language which is clearly visible and readable
by the Mercantile Officer that the City of Brigantine must be noticed
at least 45 days in advance of any lack of renewal or cancellation
of said insurance policy.
