[Adopted 6-19-1925 by Ord. No. 30]
A. Definitions. As used in this article, the following
terms shall have the meanings indicated:
HAWKER
A person who, in a public street or place, cries forth the
goods, wares and merchandise which he has to sell.
ITINERANT VENDOR
A person who, having no regular place of business within
the Township of Rochelle Park, brings merchandise, medicines or remedies
into the Township of Rochelle Park to be sold in the streets or public
places.
PEDDLER
A person who travels from house to house with goods, wares
or merchandise for the purpose of selling the same. The term does
not include a person peddling the product of a farm owned by him and
situated in this state.
PERSON
An individual, firm, partnership, corporation, voluntary
association or an incorporated association.
B. Word usage. Unless otherwise expressly provided, the
singular shall include the plural and the masculine the feminine.
No person shall hereafter carry on, conduct
or engage in the calling, occupation or business of a hawker, a peddler
or an itinerant vendor of merchandise, medicines or remedies unless
he shall have first procured a license as herein provided and shall
at all times when engaged in such business or occupation have such
license upon his person or conspicuously displayed upon any vehicle
or stand which may be used in connection with such business or occupation.
The licenses herein required shall be issued
by the Township Committee of the Township of Rochelle Park the presentation
of a proper application therefor and the payment of the fee herein
fixed, which fee shall be for the use of the township.
All applications for a license shall be made
in writing and filed with the Township Clerk of the Township of Rochelle
Park. The application shall state the name of the applicant, his address,
the nature of the license desired and such other facts as the Township
Committee of the Township of Rochelle Park may from time to time require.
The Township Clerk shall keep a record of all licenses issued, which
record shall show the date of the issuance, the number of the license,
the character of the license, the name and address of the person licensed
and the amount of the fee paid. The Township Clerk shall remit all
moneys received from license fees as herein provided to the Township
Committee on or before the first day of the succeeding month when
such fee or fees were received, and shall also make a written report
to the Township Committee for each calendar month, setting forth the
number of each kind of license issued and the amount collected and
remitted to the Township Committee.
The licenses issued hereunder shall be of two
kinds: annual license and temporary license. An annual license is
a license which will remain in force continuously until the first
day of January next succeeding its issue, unless previously revoked
as herein provided. A temporary license is a license granted for a
single act or permitting the carrying on of a business or occupation
for a limited time, not exceeding three consecutive days.
The forms of licenses and applications therefor
shall be prepared and furnished by the Township Committee of the Township
of Rochelle Park. All licenses shall be numbered consecutively. Annual
licenses shall bear, in addition to the serial number, the letter
"A"; temporary licenses shall bear, in addition to the serial number,
the letter "T." It shall be the duty of the Township Clerk to keep
a record of all license blanks used.
No license granted hereunder shall be transferable,
and no license shall apply to any person other than the one named
therein.
Every person engaged in an occupation or business
for which a license is required by the provisions of this article
shall exhibit such license at any time upon the request of a member
of the Police Department or any other person.
[Amended 2-28-2018 by Ord. No. 1123-18]
A license may be revoked by the Mayor and Township Committee
by reason of the violation of the terms of the license, the violation
of any municipal ordinance, state or federal statute or falsification
in applying for a license. The licensee shall be granted a hearing
by the Mayor and Township Committee upon his request. A license may
be suspended for not more than two weeks by the Chief of Police without
a hearing. No fees shall be returned for any unexpired period of a
license, whether revoked or not.
No license granted in pursuance of this article
shall create any vested rights or grant any privileges other than
the privilege of conducting such business or occupation in accordance
with the statutes of this state, this article and any other ordinance
of the township.
No person holding a license as a hawker, peddler
or itinerant vendor shall remain in any one place for the purpose
of conducting such business or occupation for more than 15 minutes
at any one time unless he shall have procured a license from the Township
Committee to conduct such business or occupation at such location,
which location must be stated in such license.
The license fees herein imposed are imposed
for the purpose of revenue.
A. The fees for licenses herein provided for shall be
as follows for a hawker, huckster, peddler or itinerant vendor of
merchandise, medicines or remedies:
[Amended 8-24-1930 by Ord. No. 102; 5-5-1986 by Ord. No. 519]
(1) For an annual license: $100.
(2) For a temporary license: $25.
B. In case an annual license is issued on or before the
first day of August in any year, a full license fee shall be paid.
In case an annual license is issued after the first day of August
in any year, the fee for the remainder of such year shall be 1/2 of
that herein provided for an annual license. All licenses shall expire
on the 31st day of December of each year.
[Amended 5-5-1986 by Ord. No. 519]
Any person violating any of the provisions of
this article shall, upon conviction thereof, be punishable for each
offense by a fine of not less than $25 nor more than $200 or by imprisonment
for not more than 90 days, or both.