[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 9, Art. 9, of the 1979 Revised General Ordinances of Paterson]
As used in this article, the following terms
shall have the meanings indicated:
Includes a person who goes from place to place or from house
to house by traveling on the streets by vehicle or otherwise and who
carries with him goods, wares and merchandise for the purpose of selling
or delivering them to consumers.
[Amended 2-9-2016 by Ord.
No. 16-006]
No peddler of ice cream, ice cream products, water ices, frozen water products or frozen confectionery products of any kind or character shall sell, solicit, dispose of or offer his goods, wares or merchandise for sale within the City unless he first obtains a license issued by the Paterson Division of Health. However, notwithstanding any other provision of this Code to the contrary, after December 31, 2015, no further licenses shall be issued pursuant to this article. Instead, effective January 1, 2016, persons who would otherwise be subject to the licensing requirements of this article shall be licensed solely pursuant to Chapter 243, entitled “Food Vending Vehicles.”
A.
An application for license under this article shall
be made by the applicant, in writing, verified under oath, on forms
approved by the Council.
B.
The application shall be filed in the office of the
Licensing Division and shall set forth the following information:
(1)
The name and permanent home address of the applicant
at the time of the application.
(2)
The name and address of the firm represented.
(3)
All permanent home addresses of the applicant within
the past three years.
(4)
The length of time for which a license is desired.
(5)
A description of the vehicle to be used, if a motor
vehicle is to be used, including:
(a)
The name and address of the owner of the vehicle
as registered with the Director of the Division of Motor Vehicles.
(b)
A description of the vehicle, giving the name
of the manufacturer, serial number, motor number and the name of the
person and any other insignia appearing thereon.
(c)
The date of purchase of the vehicle and the
name and address of the person from whom acquired.
(d)
If the applicant is not the owner, the interest
of the applicant in said vehicle.
(e)
If any person, other than the applicant, has
any interest whatsoever in the vehicle, the name and address and interest
of each such person.
(6)
Whether or not the applicant has been convicted of
a crime or disorderly persons offense or violation of any municipal
ordinance and the nature of each offense, if any, for which convicted.
(7)
The names and addresses of persons from whom the products
to be sold, disposed of or offered for sale under this article have
been or are to be purchased for the purpose of resale in the applicant's
business.
C.
If the applicant is an employee or representative
of any person, there shall be appended to the application a letter
from the employer or principal authorizing the applicant to act as
his representative.
Upon the filing of the application, the Council shall cause an investigation to be made concerning the facts therein set forth and of the applicant's business and moral character as it deems necessary for the protection of the public good. If, as a result of such investigation, the applicant's character and business responsibility is found to be satisfactory and the products proposed to be sold, disposed of or offered for sale comply with all state laws and ordinances of the City relating to food and food product, then upon approval of the application by the Council and upon payment to the Licensing Division of the fee prescribed in § 367-17 hereof, the license shall be issued by the Licensing Division.
A.
The license issued shall not authorize any person,
except the person designated therein, to engage in business thereunder.
The license shall not be transferable from person to person. A separate
license shall be obtained by each peddler and every agent or representative
working for him.
B.
Licenses issued under this article shall be valid
only for the term of one year beginning on the first day of May in
each year and terminating on April 30 of the following year.
Upon the issuance of a license, the Licensing
Division shall furnish the licensee with a plate, badge or other evidence
bearing a number corresponding to the number of license and the year
in which it is issued. The plate, badge or other evidence shall be
displayed at all times on a conspicuous part of the vehicle, if any,
used by the licensee in the conduct of his business. If no vehicle
shall be used, the license shall be carried by the licensee and shall
be exhibited on demand of any resident of the City or member of the
Police Division.
[Amended 11-9-2010 by Ord. No. 10-056]
The fee for a license issued under this article
for each yearly period beginning on the first day of May, for revenue
purposes, shall be $140 for each wagon, pushcart, automobile, bicycle
or other vehicle or receptacle in which the products are carried or
from which they are sold. In addition, a fee of $10 shall be paid
for each salesman, except that a license for one salesman shall be
issued without charge upon issuance of the license for each wagon,
pushcart, automobile or other vehicle or receptacle in which such
products are carried or sold.
No peddler licensed under this article shall
misrepresent the character or quality of the merchandise offered for
sale.
No peddler licensed under this article shall
importune or otherwise annoy any person for the purpose of effecting
a sale.
All products sold, disposed of or offered for
sale under this article shall comply with all laws and ordinances
of the City relating to food and food products.
In addition to the penalty prescribed in § 367-22, any license issued under this article may be revoked by the Council for the violation of any provision hereof upon notice and hearing. A license may be suspended for a period of two weeks pending hearing. No part of the license fee shall be returned upon revocation of the license.
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by 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.
