As used in this article, the following terms
shall have the meanings indicated:
CUSTOMER
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.
PERSON
Any individual, corporation, partnership, association or
other entity.
SELL
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.
[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 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.
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.