City of Clifton, NJ Chapter 265 Hawking and Peddling

[HISTORY: Adopted by the Municipal Council of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 1 of Chapter 24 of the Revised Ordinances of the City of Clifton, New Jersey, 1960. Amendments noted where applicable.]

GENERAL REFERENCES

Canvassing and soliciting — See Ch. 189.

Licensed businesses — See Ch. 303.

Public solicitations — See Ch. 391.

Transient merchants and pawnbrokers — See Ch. 429.

§ 265-1 License required.

A. No person shall sell, offer for sale, hawk or peddle in the City any goods, wares or merchandise from any wagon, automobile, cart, other vehicle or stand without first obtaining a license therefor, as hereinafter provided.

B. No person shall sell, offer for sale, hawk or peddle in the City any goods, wares or merchandise while traveling on foot, with or without a basket, pack or bundle, without first obtaining a license therefor as hereinafter provided.

§ 265-2 Application for license.

A. Every individual employer, whether self-employed or employing others, shall make an application for a license in person to the City Clerk. Applications made on behalf of a corporation shall be signed by the duly authorized officers, and the seal of the corporation shall be attested by its secretary.

B. In addition to licenses issued to employers pursuant to Subsection A of this section, each person who acts as an agent, servant, employee or representative of, for or on behalf of an individual, corporation, partnership, joint-stock company or unincorporated or other association, shall also make an application to the City Clerk. Said application for a license shall be made by the applicant in person.

C. 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. The application shall set forth the following information:

[Amended 11-14-1966 by Ord. No. 3730]

(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) A description of the merchandise to be sold.

(8) Height and weight (for applicants named under Subsection B of this section).

(9) Place of birth (for applicants named under Subsection B of this section).

(10) Employee's name (for applicants named under Subsection B of this section).

D. Each individual applicant, whether an employer or employee, who shall personally engage in the activities set forth in § 265-1 shall be fingerprinted and photographed as provided for in § 265-3 of this chapter.

E. Fees.

[Amended 10-21-1975 by Ord. No. 4301-75; 1-4-1983 by Ord. No. 4774-83]

(1) The fee for a license granted under § 265-2A shall be $100. In addition thereto, the applicant shall be required to pay a fee of $10, for the first application only, for the purpose of defraying costs of processing the application.

(2) The fee for a license granted under § 265-2B shall be $20.

§ 265-3 Investigation of applicant.

[Amended 3-17-1987 by Ord. No. 5145-87]

A. The City Clerk shall, upon receipt of an application for a license, forthwith transmit it to the Chief of Police. The Chef shall fingerprint and photograph the applicant and cause the fingerprints to be sent to the State Bureau of Identification. The Chief of Police shall, upon completion of his investigation, return the application to the City Clerk and shall endorse his approval or disapproval thereon.

B. Any hawking or peddling involving the sale of food and/or beverages shall require an investigation by the City Health Department with reference to the compliance or noncompliance of the proposed applicant with all municipal and state rules, regulations, statutes or ordinances relating to the sale and/or handling of food and/or beverages. Upon completion of its investigation, the City Health Department shall submit the same, along with its recommendations for approval, to the Municipal Council.

§ 265-4 Issuance of license; list of licenses to be kept.

Upon complying with the provisions of § 265-3 and upon approval by the Chief of Police, any person shall be entitled to receive from the City Clerk a license valid until the 31st day of December next following the granting of the same. The City Clerk shall keep an accurate list, in a book to be procured for that purpose, of all such licenses.

§ 265-5 Exemption.

Any person holding a license issued pursuant to N.J.S.A. 45:24-9 shall be exempt from applying for a license or paying a fee as required by this chapter; provided, however, that such license-holder shall be required to comply with all other provisions of this chapter.

§ 265-6 Form of license; plate to be displayed.

[Amended 11-14-1966 by Ord. No. 3730; 10-21-1975 by Ord. No. 4301-75; 1-4-1983 by Ord. No. 4774-83]

A. The license issued pursuant to this chapter shall be in the form of an identification card which shall contain thereon a photograph of the licensee and a fingerprint of the licensee, the photograph of the licensee to be furnished by the Police Department. In addition, the license shall contain the following words: "Licensed, Clifton, New Jersey, as a hawker and peddler. This license shall expire on (insert here the date of expiration)."

B. Such license shall be exhibited by the licensee to any police officer or other person upon request.

C. Each wagon, automobile, cart or other vehicle used as provided in this chapter shall have attached upon the outside thereof in a conspicuous place a metal plate with the following words plainly printed thereon: "Licensed, Clifton, New Jersey." Such plate shall be provided to the licensee by the City Clerk upon payment of $5 therefor.

§ 265-7 Restrictions.

[Amended 8-2-1999 by Ord. No. 6076-99]

A. No hawker or peddler of goods, wares or merchandise licensed pursuant to this chapter or N.J.S.A. 45:24-9 shall be allowed to stand or remain in any one place for the purpose of selling or offering for sale goods, wares or merchandise for a period longer than 15 minutes.

B. No person licensed pursuant to this chapter or N.J.S.A. 45:24-9 shall sell or offer for sale wares, goods and merchandise on Sundays.

C. No person shall engage in hawking, peddling or vending any foods, beverages, confections, goods, wares, merchandise or commodities of any nature or description on the streets and sidewalks within the City of Clifton's Special Improvement District unless such use, and the location thereof, has been specifically authorized by the Municipal Council pursuant to the rules and regulations formally adopted by the Municipal Council.

§ 265-8 (Reserved) [1]

[1] Editor's Note: Former § 265-8, Sunday sales prohibited, was repealed 8-2-1999 by Ord. No. 6076-99.

§ 265-9 Suspension or revocation of license.

Any person who violates any of the provisions of this chapter, any criminal or quasi-criminal statute of the State of New Jersey, any regulation approved by the Council or any direction or order of the Chief of Police or a police officer designated by him under the provisions of this chapter shall, in addition to being subject to the fine provided for in § 265-10 of this chapter, be liable, after a hearing, to have his license suspended or revoked by the Municipal Council upon complaint being made to said Council.

§ 265-10 Violations and penalties.

[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.