[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 9, Art. 14, of the 1979 Revised General Ordinances of Paterson; amended in its entirety 3-12-1996 by Ord. No. 96-019]
As used in this article, the following terms shall have the meanings indicated:
- Any person who inquires about the purchase of a good or service or stops to inspect a good or service from one who is in the business of selling said good or service, without regard to whether or not the purchase of the good or service is actually completed.
- PEDDLER or HAWKER
- A person who goes from place to place by traveling on the streets or from house to house, who stops just long enough to sell or attempt to sell his goods, wares or merchandise to a particular person or persons. A "peddler" or "hawker" carries with him the goods, wares or merchandise in question for the purpose of selling and delivering them to consumers or buyers.
- Any individual, corporation, partnership, association or other entity.
- To give in exchange for money or some other benefit, including but not limited to money.
- TRANSIENT MERCHANT or ITINERANT VENDOR
- Includes any person, whether as principal or agent, who engages in the business of selling goods or services in the City from a particular location or locations, with the intent to discontinue such business within one year from the date of its commencement, including but not limited to sales from motor vehicles and vacant lots. A business shall be construed to be discontinued not only when it ceases to be operated in the regular course of business, but also when its location is changed or the goods sold or services rendered at a given location are substantially changed.
No person, whether peddler, hawker, itinerant vendor or transient merchant, shall sell any goods, wares, merchandise or services or offer to sell the same without first obtaining a license therefor, as provided in this article.
The requirements of this article shall not apply to any of the following:
Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of business.
Wholesale trade shows and/or conventions.
The sale of goods, wares or merchandise by sample catalogue or brochure for future delivery.
The prearranged delivery of milk, eggs, bread, newspaper or such other necessary and perishable articles of food or merchandise of the type commonly delivered on a house-to-house basis.
Garage sales or flea markets properly licensed under Chapter 249, Garage Sales and Flea Markets.
Any veteran or volunteer fireman who holds a special license issued pursuant to N.J.S.A. 45:24-9 shall be exempt from application for a license but shall be required to comply with all other applicable sections of this article.
Any new home construction contractor, residential developer, master plumber or electrical contractor who is licensed or regulated by any state, county or municipal agency, division, department or professional board and any contractor of home improvements as defined in N.J.A.C. 13:45A-16-1 who, in the normal course of business, advertises or performs his service in the City of Paterson; provided that any such tradesman complies with all state, county and municipal regulations enforceable by the City Construction Official, including but not limited to the regulations which require him to be licensed in Paterson.
Sale of produce, flowers or other agriculture products, so long as the sale takes place on the land where the produce is grown, unless prohibited by the Paterson Zoning and Land Development Ordinance.
Any bona fide charitable organization or religious society that shall conduct the sales of personal property, when the proceeds therefrom shall be applied to the payment of the expenses incurred in conjunction with the sale or the expenses incurred from the charitable or religious object for which the organization or society exists.
Any art, antique or historical society that conducts an exhibition and sale of art objects, pictures, paintings, prints, historical articles and furniture generally known and designated as "antiques" and "kindred objects."
Any agricultural show, fair or garden society selling or closing out certain of their exhibits, if such society was an incorporated association not for pecuniary profit of this state prior to March 25, 1935, or if incorporated subsequent thereto; such society shall have a bona fide membership of at least 100 persons.
A peddler, hawker, transient merchant or itinerant vendor not otherwise exempted from the provisions of this article shall not be relieved or exempted from the provisions of this article by reason or associating himself temporarily with any local dealer, auctioneer, trader, contractor or merchant or by conducting such temporary or transient business in connection with or in the name of any local dealer, auctioneer, trader, contractor or merchant.
Any person desiring a license under this article shall file, on forms supplied by the Licensing Division, a signed application with the Licensing Division.
The license application shall contain the following:
The name of the applicant, his residential address and his mailing address.
The purpose for which license is desired.
A declaration to the Licensing Division of the number of days he proposes to engage in such business, together with a true invoice or detailed statement of the amount and type of such personal property he proposes to offer for sale within the City. Itinerant vendors, transient merchants shall also provide a statement as to the specific street address(es) of the intended sale location(s), a letter from the Division of Zoning and Planning stating that the proposed use is permitted at the locations in question and a letter from the owner of the intended sale location stating that the proposed use is permitted.
An instrument nominating and appointing the Licensing Division his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of said applicant in respect to any matters connected with or arising out of any license issued under this article. It shall also contain a clause whereby the applicant consents and agrees that service of any notice or process may be made upon said agent and, when so made, shall be as valid as if personally served upon the applicant according to the laws of this state and waiving all claim or right of error by reason of such acknowledgment of service or manner of service. The Licensing Division shall keep a record of all notices and processes served upon it pursuant to the above provisions, and such records shall contain the date of such service. The Licensing Division shall also notify the licensee of such service forthwith, by registered or certified mail addressed to the licensee at the residential address or address of the registered agent, shown on the licensee's application. Such notification shall be deemed complete upon mailing.
A signed statement authorizing the Chief of Police or his designee to have access to the applicant's criminal history and make said history, if any, a part of this application.
The application shall also contain the applicant's New Jersey State sales tax identification number and proof that the applicant has complied with the minimum prepaid provisions of said Sales Tax Law.
Where said license involves the operation of or sale from a motor vehicle, the following information must be supplied:
A copy of the driver's license, registration and insurance card for every driver and motor vehicle, as well as a written statement of the names, addresses and driver's license numbers of all persons in said vehicle(s).
A certified copy of the official driving abstract for each driver, along with a written statement of all convictions for motor vehicle violations for a period of five years prior to the date of the application, indicating the date of the conviction, offense and violation, court of conviction and the penalty imposed.
The application shall be accompanied by:
Two recent photographs of the applicant taken within 90 days of the date of the application, the dimensions of which photograph shall be two inches by two inches. The photograph shall clearly show the front view of the applicant's face, without wearing of a hat by the applicant, and said photograph shall be signed on the margin by the applicant.
Fees as hereinafter described in this article.
An applicant shall notify the Licensing Division in writing regarding any change in address or other information required to be submitted to the Licensing Division by this article during the term of the license.
When said application has been properly made, the Licensing Division shall refer the original to the Chief of Police or his designee, who shall make or cause to be made within 10 days such investigation of the applicant's business responsibility and character as he deems necessary for the protection of the public good.
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police or his designee shall endorse on such application his disapproval and his reasons therefor and shall return the application to the Licensing Division. Any determination by the Chief of Police or his designee that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
Conviction of a crime or disorderly persons offense involving moral turpitude. Any applicant who is disqualified as a result of the above but shall have completed a sentence for the conviction of any crime of the first, second, third and fourth degree or equivalent crimes in other states or the federal system or a disorderly persons offense involving moral turpitude more than three years prior to the date of this application or the date of annual renewal of same shall have the ability to request that the Municipal Council waive this provision of the licensing requirement. Said request must be in writing and require action of the Municipal Council regarding same. The Municipal Council has the discretion to grant said waiver if it finds the applicant poses no threat with the public safety, health or welfare of the citizens of Paterson.
[Amended 6-27-2006 by Ord. No. 06-057]
Prior violation of this article or its predecessor.
Prior violation of the Zoning Ordinance in connection with any act governed by the provisions of this article.
In the absence of any of the above such findings, the Chief of Police or his designee shall find the application satisfactory, shall endorse his approval on the application and shall return the application to the Licensing Division. If an application is found satisfactory by the Chief of Police or his designee, the Licensing Division shall issue to such applicant a proper license in accordance with the application.
If an application is found unsatisfactory by the Chief of Police or his designee and he or his designee has endorsed his disapproval upon the application, the Licensing Division shall notify the applicant by mail that the application is disapproved and shall deny the applicant a license. The applicant shall then have 10 business days from the date of the decision to file an appeal with the Director of Finance or her delegate. Said appeal shall be in writing and shall state the grounds for the appeal. The Director of Finance or her delegate shall then have 10 business days from the date the appeal is filed to render a decision, which shall state the grounds for the decision and shall be mailed to the applicant. The ten-business-day time limit may only be extended upon a showing of good cause by the party requesting the extension.
Such issued license shall not be transferable or assignable to any other person.
The license shall permit the licensee to sell or offer to sell services and goods, wares or merchandise in retail quantities and not at wholesale.
[Added 6-27-2006 by Ord. No. 06-056]
In the event that the Chief of Police or his designee, pursuant to § 367-38, finds that an application is unsatisfactory based on the standards set forth within § 367-38A(1), the applicant may make an application, within 10 days of said denial, to the City Council for a temporary license. Said application must be in writing. The City Council shall hold a hearing as to the issuance of a temporary license and may, in its discretion, issue such temporary license to the applicant upon a finding that the applicant poses no threat to the public safety, health, or welfare of the citizens of Paterson. Said temporary license shall be good for a period of 30 days. After 30 days, the applicant may request no more than two additional thirty-day extensions of said temporary license, which will also require City Council approval.
The license fee for peddlers and hawkers shall be:
[Amended 12-2-2003 by Ord. No. 03-080; 11-9-2010 by Ord. No. 10-056]
One hundred sixty-five dollars each for an application covering one to four individuals.
One hundred ten dollars each for an application covering five to 10 individuals.
Eight hundred eighty dollars total for an application covering 11 to 15 individuals.
Two thousand two hundred dollars total for an application covering 16 to 25 individuals.
Licenses for peddlers and hawkers shall be issued for a term of 365 days from the date of issuance.
The license fee for transient merchants and itinerant vendors shall be $220 for each thirty-day period commencing with the date of issuance until the business is discontinued, its location changes or the goods sold or services rendered at a given location are substantially changed.
[Amended 12-2-2003 by Ord. No. 03-080; 11-9-2010 by Ord. No. 10-056]
No person shall:
Station, place, set up or maintain his goods, wares or merchandise on any sidewalk.
Engage in any conduct which shall:
Substantially restrict, obstruct, interfere with or impede the pedestrian's right-of-way; it is presumed that the right-of-way is substantially restricted where the unobstructed area available to pedestrians is less than six feet.
Substantially restrict, obstruct, interfere with or impede the ingress or egress from the abutting property.
Create a condition which endangers the safety or health of any person.
Increase traffic congestion, or cause or increase traffic delay or hazards.
Cause or constitute a danger to life, health or property; nor shall any peddler leave any location without first picking up, removing and disposing of any trash or refuse, whether resulting from himself or customers, without regard to whether or not an item was sold to said customers.
Use any vehicle which, when fully loaded with merchandise, cannot be easily moved and maintained under control by the licensee, his employee or attendants.
Leave any merchandise or other property unattended at any time or store, place or leave the same overnight on any sidewalk or public way within the City.
Engage in the business of selling between 9:00 p.m. and 9:00 a.m.
Engage in the business of peddling within 10 feet of any location where the curb has been depressed to facilitate pedestrian or vehicle movement.
Engage in the business of peddling on any sidewalk or along any street which has been designated as a bus stop. For the purpose of this article, the word "bus stop" shall include the sidewalk and the adjoining street where that street has been designated as a bus stop.
Engage in the business of peddling on any sidewalk or along any street within 15 feet of any fire hydrant, crosswalk or driveway.
Station, place, set up or maintain his cart or goods against display windows of fixed-location businesses, nor shall they be within 20 feet from an entranceway to any store, theater, library, school, museum, movie house, sports arena or other place of public assembly.
Place a vehicle or cart or conduct a general peddling business at a location in the street where stopping, standing or parking is prohibited.
Violate any law, ordinance or regulation pertaining to parking or the operation of a motor vehicle.
Act in such a manner as to restrict the continued maintenance of a clear passageway for vehicles, whether through his own conduct or that of a customer.
Sell or attempt to sell any good or service from private property without the consent of the owner.
Sell or attempt to sell any good or service at a location in violation of the Zoning Ordinances of the City.
Sell or attempt to sell any good or service within the downtown area. For the purposes of this article, the "downtown area" shall be defined as the area from the intersection of Main Street and Market Street, east on Market Street to Memorial Drive and from the intersection of Market Street and Memorial Drive, northwest along Memorial Drive to the intersection of Memorial Drive and Main Street.
It shall be unlawful for any person covered by this article to importune, threaten or otherwise annoy any person for the purpose of effecting a purchase or to use unreasonably loud or offensively coarse or abusive language, given the circumstances of the person present and the setting.
For the purpose of sentencing, each violation of each subsection shall be considered a separate offense.
The Licensing Division shall keep a record of all such licenses issued by it, and said record shall set forth the information contained in the application, the date and fee of each license.
Each wagon, handcart or other vehicle or mobile unit used as provided in this article shall have upon the outside thereof, in a conspicuous place, a metal plate with the following words: "License, Paterson, N.J. No. . . ."
Every person licensed under this article who does not use a wagon, handcart or other vehicle shall wear conspicuously, while engaged in his occupation, a metal badge with a passport-size photo of the applicant on which shall be the following words: "License, Paterson, N.J. No. . . ."
The metal plates and badges required by this article shall be furnished by the Licensing Division.
The purpose of this article is to regulate the businesses referred to in this article.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.