[HISTORY: Adopted by the Board of Commissioners
(now Council) of the Town (now Township) of Montclair 4-15-1980 by Ord. No.
80-12 as Art. VI of Ch. 88 of the 1979 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A person who sells goods, the proceeds of which are devoted
exclusively to the purposes of a philanthropic, charitable or religious
society on whose behalf he or she acts as an agent without pay.
A person, commonly referred to as a "peddler" or "hawker,"
who goes as a vendor from place to place by traveling on the streets
or from house to house and carries with him or her goods, wares and
merchandise for the purpose of selling and delivering them to consumers
at retail; provided, however, that the term "peddler" shall not include
an agent or servant of any person who owns and maintains a permanent
establishment within the township for the retailing of his or her
goods, wares and merchandise.
A person who sells goods at retail by sample or who takes
orders for future delivery, with or without accepting payment in advance
for the goods.
A person who sells or distributes food, goods or other merchandise
at special events sponsored by the Township, or by other groups or
organizations for civic, charitable, philanthropic or religious purposes,
for a period not to exceed one week or for such shorter period as
shall be designated by the Township Clerk upon issuance of the license.
[Added 10-5-2010 by Ord. No. O-10-056]
A person, commonly referred to as a "transient merchant"
or "itinerant vendor" who engages in retail merchandising business
in the township with intent to close out or discontinue such business
within a period of one year from the date he or she begins business
and who occupies a room, building, tent, lot or other premises for
the purpose of selling goods, wares and merchandise.
A person who engages in retail business in the same manner
as does a transient merchant and who, in pursuance thereof, becomes
a peddler or hires a peddler.
[Amended 10-5-2010 by Ord. No. O-10-056]
The purpose of this chapter is to prevent unfair competition, fraud and dishonest business practices by the regulation of the conduct of the classes of vendors or solicitors defined in § 238-1 and by the imposition upon them of license fees for revenue, except in respect to solicitors and non-profit-making vendors. The license fees for solicitors and non-profit-making vendors are not imposed as a privilege tax but are for the sole purpose of paying in part for the cost of investigating the honesty, reliability and bona fides of such licensees and for the protection of the business which they assume to represent and of the householders of the Township.
[Amended 10-5-2010 by Ord. No. O-10-056]
Except as exemption is provided in § 238-5, it shall be unlawful for any peddler, transient merchant, transient merchant-peddler, solicitor, non-profit-making vendor or special event vendor to sell or dispose of or to offer to sell or dispose of any goods, wares or merchandise within the Township without first obtaining a license and paying the license fee hereinafter prescribed. Separate licenses shall be issued to each of the five classes of persons defined in § 238-1.
A separate license shall be obtained by a peddler
for every agent or employee working for him or her. A separate license
shall be obtained by a transient merchant for each branch or separate
place of business in which his or her business is conducted.
The requirements of this chapter shall not apply
to:
A.
The selling of fruits, vegetables and farm products
produced on a farm operated by the vendor or by a member of his or
her family.
B.
Any person holding a special license issued to him
or her pursuant to the provisions of N.J.S.A. 45:24.9 et seq. and
the amendments thereof and supplements thereto.
C.
Any blind person who is a resident of the township.
D.
Any person who conducts a sale pursuant to statute
or court order.
A.
Applications for licenses shall be filed with the
Municipal Clerk on forms provided by him or her. The Municipal Clerk
shall refer the applications to the Chief of Police.
[Amended 5-23-2000 by Ord. No. 00-19]
B.
Applications for all licenses shall contain the following:
(1)
The name of the applicant.
(2)
His permanent home residence.
(3)
The name and address of the firm represented.
(4)
The names and addresses of the persons from whom the
goods making up the stock have been or are to be purchased.
(5)
Three business references.
(6)
The places of residence of the applicant for the three
preceding years.
(7)
The length of time for which the license is desired.
(8)
A description of the wares to be offered for sale.
(9)
A full recital of the applicant's arrests or convictions
for misdemeanors or crimes, including a statement of the nature of
the offenses for which arrested or convicted and the disposition thereof.
(10)
A letter, appended to the application, from the firm
for which the applicant purports to work, authorizing him or her to
act as its representative.
C.
In addition to the requirements under Subsection B of this section, applications for a transient merchant license or for a transient merchant-peddler license shall contain the following:
(1)
A sworn statement of the true invoice of the amount,
average quality or kind and value of the goods to be offered for sale.
(2)
A statement of the location of such goods by street
and number and whether located on the premises from which such are
sold or in warehouse.
(3)
If required by the Chief of Police, the bills or invoices
of purchase of such goods shall be appended to the application.
[Amended 10-5-2010 by Ord. No. O-10-056]
Following the filing of an application for any
license except an application for a special event vendor license,
the Chief of Police shall make an investigation of the information
respecting the moral character of the applicant. He or she shall signify
his or her approval or rejection on the reverse side of the form.
The Chief of Police shall investigate the financial information, approving
or rejecting the application on its reverse side.
A.
Before approving the issuance of a license for a transient
merchant or a transient merchant-peddler, the Chief of Police shall:
(1)
Establish the character of the business by eliciting
a declaration of intention as to whether the applicant intends to
remain within the township temporarily or longer than a period of
one year.
(2)
Require filing of a bond in an amount equal to 25%
of the value of the applicant's stock; provided, however, that in
no event shall such bond be for less than $500. Such bond shall be
in a form approved by the Township Attorney. Such bond shall be subject
to forfeiture upon proof of:
(a)
Falsification in the application for a license;
(b)
Willful violation of a township ordinance or
a state or federal law; or
(c)
Removal from the township within a year after
opening the business premises without payment of a license fee or
fees due under this chapter at the time of such removal.
B.
If the business of the transient merchant or transient
merchant-peddler is conducted continuously for more than one year,
no further license shall be required of such person under this chapter,
and the bond required under this section shall be released and surrendered
for cancellation.
Upon investigation and approval of the application and payment of the license fee required by § 238-12, the license shall be issued by the Municipal Clerk. All licenses shall be issued on forms drawn in accordance with the separate license classification requirements of this chapter. They shall be printed in book form, with corresponding stubs and shall be consecutively numbered. Licenses shall contain suitable blank spaces for writing in the name, the class of license granted, the location of the business and the amount of fee paid. To every licensed peddler, the Municipal Clerk shall issue a card bearing the words "Licensed Peddler, Township of Montclair," the number of the license and the year for which it is issued.
No license shall authorize any person except
the person named in said license to engage in business thereunder.
No license shall be transferable to any other person. Each transient
merchant license or transient merchant-peddler license shall authorize
the licensee to conduct business only at the location which is indicated
therein.
Every licensee shall carry his or her license with him or her or at his or her business premises while engaged in the business licensed. He or she shall produce the license at the request of any official of the township. All automobiles or other vehicles used for peddling shall have affixed thereon the license card referred to in § 238-9. Transient merchants and transient merchant-peddlers shall post their license certificates in a prominent place in their business premises.
The fees for licenses shall be:
A.
For peddlers: $25 for a license issued for one day
and $100 for a license issued for a one-year term. All peddlers' licenses
shall expire at the close of December 31 of the year in which issued.
[Amended 3-31-1987 by Ord. No. 87-12; 5-2-1991 by Ord. No. 91-24; 5-23-2000 by Ord. No. 00-19; 6-13-2006 by Ord. No. 06-27; 7-7-2009 by Ord. No.
O-032-09]
B.
For transient merchants: $500 for a license continuing
for 180 days from the date of issuance.
C.
For transient merchant-peddlers: $500, plus $15 for
each peddler in the employment of the licensed transient merchant-peddler,
for a license continuing for 180 days from the date of issuance.
D.
For solicitors: $100 for a license continuing to the
close of December 31 of the year in which issued.
[Amended 3-31-1987 by Ord. No. 87-12; 5-23-2000 by Ord. No.
00-19; 6-13-2006 by Ord. No. 06-27; 7-7-2009 by Ord. No. O-032-09]
E.
For non-profit-making vendors: $10 for a license continuing
to the close of December 31 of the year in which issued.
F.
For special
event vendors: $25 per day.
[Added 10-5-2010 by Ord. No. O-10-056]
A.
The Municipal Clerk shall maintain records showing
the time each application for license is received, the class of each
license application, whether the application is for a new or renewal
license, the name of the licensee, the regular number of the license
form-book blank, the date when the application is approved by the
Chief of Police, the amount of fee received therefor and the date
when the license is issued.
B.
The Municipal Clerk shall file a monthly report with
the Township Council, showing the number of licenses granted, by classes,
and the amounts of fees received therefor. Each report shall state
the number and classes of licenses suspended or revoked and the reasons
for such suspension or revocation. The monthly report shall be cumulative
during the course of the year so that each report summarizes the action
of all preceding months of the year.
[Amended 10-5-2010 by Ord. No. O-10-056]
A license may be revoked by the Township Manager
or the Township Clerk for violation of the terms of the license or
of any municipal ordinance or state or federal statute or for falsification
in applying for a license. The licensee shall be granted a hearing
by the Township Manager or his designee upon his or her request. No
such revocation shall take effect until the licensee has been given
written notice by personal service or registered or certified mail
of opportunity to request a hearing and he or she fails to make such
request within five days of such service. Preceding or pending a proceeding
for suspension or revocation, a license may be suspended for not more
than two weeks by the Township Manager without a hearing if the Manager,
in his or her judgment, deems that cause for suspension or revocation
is present as set forth in this section and that the public health,
safety or welfare require such summary suspension.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No.
07-17]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $2,000, imprisonment in the county/municipal jail for a
term not exceeding 90 days, or a period of community service not exceeding
90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists
shall be considered a separate and distinct violation and shall be
subject to imposition of a separate penalty for each day of the violation
as the Municipal Court Judge may determine.
