[HISTORY: Adopted by the Municipal Council
of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 6 of
Chapter 10 of the Revised Ordinances of the City of Clifton, New Jersey,
1960. Amendments noted where applicable.]
GENERAL REFERENCES
Licensed businesses — See Ch. 303.
As used in this chapter, the following terms
shall have the meanings indicated:
Any flowers, funeral sprays, wreaths, designs, corsages,
potted plants except cuttings, bedding plants, trees, shrubs and vines,
all of which are of natural growth.
An established business carrying floral products as a part
of its ordinary stock-in-trade and customarily offering such products
for sale at retail from a building, store or department therein, or
from any shop or greenhouse.
The purpose of this chapter is to protect the
public from dishonest and disreputable business practices in the sale
of floral products.
Nothing contained in this chapter shall be construed to apply to transient merchants or itinerant vendors as defined in Chapter 429, Transient Merchants and Pawnbrokers; farmers selling vegetable and other products in a common or public market pursuant to the provisions of P.L. 1933, c. 77 (N.J.S.A. 40:52-4); or farmers or residents of the City growing and selling floral products on and from their own premises within the City.
No person shall engage, either directly or indirectly,
in the business of selling at retail any floral products without first
obtaining a license from the Council, as hereinafter provided.
No license shall be issued under this chapter
to any person except one engaged in the retail florist business, or
about to establish such a retail florist business.
[Amended 11-14-1966 by Ord. No. 3728; 9-21-1976 by Ord. No. 4355-76]
A.
Any person desiring a license under this chapter shall
file with the City Clerk an original and one copy of an application,
under oath, in writing, on a form furnished by the City Clerk.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name and business address.
(2)
Whether the applicant is an individual, a partnership,
a corporation or another entity, and, if another entity, a full explanation
and description thereof.
(3)
If the applicant is an individual, the applicant's
residence address and date and place of birth.
(4)
If the applicant is a partnership, the full names,
residence addresses, dates and places of birth of each partner.
(5)
If the applicant is a corporation or other entity,
in the case of a corporation, the full names, residence addresses,
dates and places of birth of each major officer and each stockholder,
the name and address of the registered agent and the address of the
principal office (The term "stockholder," as used herein, means and
includes any person owning or having an interest, either legal or
equitable, in 10% or more of the stock issued and outstanding of the
applicant corporation); in the case of another entity, the full names,
residence addresses, dates and places of birth of each person owning
or having any interest, either legal or equitable, aggregating in
value 10% or more of the total capital of said entity, the name and
address of the registered agent, if any, and the address of the principal
office.
(6)
Whether the applicant or any partners, officers or
stockholders thereof have ever been arrested or convicted of a crime
and, if so, the name of the person arrested or convicted, the date
of arrest, the crime or charge involved and the disposition thereof.
The term "officers," as used herein, means and includes the president,
vice presidents, secretary and treasurer of a corporate applicant.
(7)
The applicant's description of the character of the
business and the applicant's intent as to the length of time the applicant
intends to conduct this business venture.
[Amended 11-14-1966 by Ord. No. 3728; 9-21-1976 by Ord. No. 4355-76]
A.
Upon receipt of such application, the City Clerk shall
submit the same to the Police Department, the Fire Public Safety Department
and the Building Department for reports with reference to the truth
of the matters contained in the application and any matters which
may be deleterious to the health, safety and welfare of the citizens
of the City of Clifton.
[Amended 7-2-1985 by Ord. No. 4988-85]
B.
Upon return of said application and report, the City
Clerk shall submit the same to the Municipal Council for its consent
and approval.
C.
Upon the consent and approval of the Municipal Council,
the City Clerk shall issue such license.
[Amended 9-21-1976 by Ord. No. 4355-76; 5-20-1991 by Ord. No. 5495-91]
A.
All licenses shall be valid for the year in which
issued and shall expire on December 31 of such year.
B.
Any person who shall fail to renew his license within
30 days following the expiration date shall forfeit his renewal privileges.
He shall thereafter be required to make the same application and to
follow the same procedure as an applicant for an initial license and
shall pay the initial licensing fee.
[1]
Editor's Note: Former § 241-10,
Notice of intent to be published, was repealed 11-17-1986 by Ord.
No. 5119-86.
[Amended 9-21-1976 by Ord. No. 4355-76]
No license shall be transferable.
Every license shall be conspicuously displayed
in the place of business conducted by the licensee.
Any license may be revoked by the Council after
due notice and hearing upon proof of the violation of any of the provisions
of this chapter or the violation of any of the laws of the state relative
to or referring to the conduct of the business licensed under this
chapter.
[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment for a term not exceeding 90 days,
or both.
