City of Paterson, NJ Chapter 223 Florists, Retail

[HISTORY: Adopted by the City Council of the City of Paterson 12-18-1979 by Ord. No. 79-111 as Ch. 9, Art. 15, of the 1979 Revised General Ordinances of Paterson. Amendments noted where applicable.]

GENERAL REFERENCES

Peddling and soliciting — See Ch. 367.

§ 223-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

RETAIL FLORIST

A person engaged in the business of selling at retail cut flowers, trees, shrubs, vines, growing flowers or plants, potteries containing plants or flowers and bedding stock. "Retail florist" shall not mean or include retail sellers of cut Christmas trees; transient merchants or itinerant vendors as defined in § 367-44; or farmers selling vegetables, green foods, farm produce, shrubbery, plants, bulbs or products of the nursery or farm in any common or public market place within the limits of the city.

§ 223-2 License required; separate license for each location.

A. No person shall engage directly or indirectly in the retail florist business without first having obtained a license, as hereinafter provided in this chapter.

B. A separate license shall be obtained for each location in which such business is to be conducted.

§ 223-3 Application for license; contents.

A. Every application for an initial license under this chapter shall be made in writing under oath and addressed to the Council upon forms approved by the Council. The application shall be filed with the Licensing Division. A separate application shall be made for each location in which such business is to be conducted.

B. The application for an initial license shall contain the following information:

(1) The name of the applicant.

(2) The permanent home address of the applicant, if an individual; and if the applicant is a corporation, the permanent home address of each officer of said corporation.

(3) The address at which it is proposed to conduct such business.

(4) The character of the business to be conducted.

(5) Such other information as may be required.

§ 223-4 Publication of notice of intention to obtain license; proof thereof.

Following the filing of the application, the applicant shall forthwith cause to be published a notice of his intention to obtain a license to engage in the business of a retail florist. Said notice shall be published for two consecutive weeks, once each week, in a newspaper published and circulated in the city. Proof of such publication shall be filed with the Licensing Division prior to consideration of the application by the Council.

§ 223-5 Issuance of license.

The license shall be issued by the Licensing Division after approval thereof by the Council.

§ 223-6 License fees; term of license; renewal.

A. The fee for a license under this chapter for each establishment or place of business of the applicant shall be as follows:

[Amended 4-19-1983 by Ord. No. 83-033; 11-9-2010 by Ord. No. 10-065]

(1) For initial licenses: $125 per year or part thereof.

(2) For renewal of a license: $65 per year or part thereof.

[Amended 10-9-2018 by Ord. No. 18-045]

B. All applications shall be accompanied by the prescribed license fee.

[Amended 4-19-1983 by Ord. No. 83-033]

C. The term of the license issued under this chapter shall be one year or any portion thereof, beginning on March 1 and ending on the last day of the next succeeding February.

D. 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 initial license and shall pay the stipulated license fee for initial licenses.

§ 223-7 Restrictions on persons granted licenses.

A. 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.

B. The license issued under this chapter shall not be deemed to authorize any other person except the designated person named in said license to engage in business thereunder.

§ 223-8 Display of license.

Every license shall be conspicuously displayed in the place of business conducted by the licensee.

§ 223-9 Transfer of licenses; fee.

A. The license shall not be subject to transfer from the licensee to any other person.

B. No license shall be transferable from one location to another except upon:

(1) The filing of an application by the licensee for such transfer with the Licensing Division;

(2) Publication of notice of intention to transfer said license and filing of proof of publication, in accordance with the requirements of § 223-4;

(3) Payment of a transfer fee of $5; and

(4) Approval of said transfer by the Council.

§ 223-10 Suspension or revocation of license.

In addition to the penalty provided in § 223-11, the Council may, after due notice and hearing, suspend or revoke the license of any person who violates any provision of this chapter or who falsifies or makes misstatements in the application for a license under this chapter.

§ 223-11 Violations and penalties.

[Amended 12-19-1995 by Ord. No. 95-068]

Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $1,000, by imprisonment for a term not exceeding 90 days or by a period of community service for not more than 90 days, or any combination thereof. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.