As used in this article, the following terms shall have the meanings
indicated:
TRANSIENT MERCHANTS or ITINERANT VENDORS
Persons, whether principal or agent, who engage in a merchandising
business in the city, with intent to close out or discontinue such business
within one year from the date of commencement, including those who, for the
purpose of carrying on such business, hire, lease or occupy any building,
structure or railroad car for the exhibition and sale of goods, wares and
merchandise. Nothing in this definition shall be construed to apply to or
affect the sale of fruits, vegetables and farm products, such as meat, poultry,
butter and eggs.
[Added 10-7-1991 by Ord.
No. 15-1991]
No person shall solicit or canvass any household, business, place or
property on which a "No Solicitation" sign or notice is posted.
No transient merchant or itinerant vendor shall sell or dispose of or
offer to sell or dispose of any goods, wares or merchandise within the city
unless he has obtained a license as hereinafter provided in this article.
Each application for a license required by this article shall be:
A. Made upon an application form furnished by the city.
B. Signed and sworn to by the applicant.
C. Accompanied by execution and delivery of the bond required by §
195-35, by a declaration of intention under oath as provided by §
195-36 and by payment of the license fee prescribed by §
195-38.
D. Filed with the Licensing Officer.
Each application for a license shall state:
A. Name and residence of the owner or person in whose interest
such business is conducted.
B. Average quantity and kind, as nearly as can be determined,
and the value of the personal property intended to be sold or exposed for
sale in the city.
C. Names and post office addresses of the persons from whom
goods making up the stock were or are to be purchased.
D. Three business references.
Before a license shall be issued, the applicant shall execute and deliver
to the City Clerk a good and sufficient bond with good and sufficient surety,
to be approved by the Licensing Officer, equal in amount to 25% of the value
of the stock of personal property shown in the declarations and disclosures
required under the provisions of this article. In no event shall said bond
be less than $1,000 in amount. The bond shall remain in force for one year
and shall be conditioned to indemnify and pay the city any penalties or costs
incurred in the enforcement of any of the provisions of this article and the
statutes of New Jersey and to indemnify or reimburse any purchaser of such
personal property in a sum equal to at least the amount of any payment such
purchaser may have been induced to make through the misrepresentation as to
the kind, quality or value of such personal property, whether the said misrepresentations
were made by the owners or their servants, agents or employees, either at
the time of making the sale or through any advertisement printed or circulated
with reference to such personal property or any part thereof.
A transient merchant or itinerant vendor, before offering for sale any
goods, wares, merchandise or bankrupt stock, shall make, under oath, a declaration
to the Licensing Officer of the number of days he proposes to engage in such
business, together with a true invoice or detailed statement of the amount
of such personal property he proposes to offer for sale within the city and
a specific statement as to the location of such personal property by street
and number and whether on the premises from which it is to be sold or in warehouses
or storage.
A separate license shall be obtained for each branch, establishment
or separate place of business in which the occupation of a transient merchant
or itinerant vendor is carried on. Each license shall authorize the licensee
to carry on, pursue or conduct the business of a transient merchant or itinerant
vendor only at the location indicated therein.
The license required by this article, when issued, shall not authorize
any person except the licensee designated therein to engage in the business
of a transient merchant or itinerant vendor.
Every licensee under this article is required to have the license posted
in a conspicuous place at his place of business while he is engaged in the
business of a transient merchant or itinerant vendor.
If the business of the transient merchant or itinerant vendor is conducted continuously for more than one year, the bond required under §
195-35 shall be released and surrendered for cancellation upon payment of the license fee prescribed by §
195-38.
Any transient merchant or itinerant vendor who fails to comply with
the requirements of this article or any part thereof or makes a false or fraudulent
representation in any statement required by this article to be filed by him
or falsely represents, by advertising or otherwise, that such personal property
is in whole or in part damaged goods saved from fire or makes any false statement
as to the previous history or character of such personal property shall, upon
conviction thereof, be punished by a fine of not less than $100 nor more than
$1,000, imprisonment for a term not exceeding 90 days and/or a period of community
service not exceeding 90 days.