[Adopted 5-9-1935 by Ord. No. 11-1935; amended in its entirety 6-16-1938 by Ord. No.
19-1938]
It shall not be lawful for any transient merchant or itinerant
vendor, as defined in an act of the New Jersey Legislature entitled
"An Act to License and Regulate the Business of Transient Merchants
or Itinerant Vendors in This State," N.J.S.A. 45:24-1 to 24-13, to
engage in a merchandising business in the City of Atlantic City with
intent to close out or discontinue such business within a period of
one year from the date of commencement without a license first had
and obtained as directed by this article.
All transient merchants or itinerant vendors defined in § 145-32 of this article, before offering for sale any goods, wares, merchandise or bankrupt stock, shall, under oath, make a declaration to the Director of Revenue and Finance of the City of Atlantic City, in which they propose to conduct such sale, of the number of days they propose to engage in such business, together with a specific statement as to the location of such goods, wares, merchandise or bankrupt stock by street and number, and whether on the premises from which it is to be sold or in warehouses or storage.
[Amended 4-10-1980 by Ord. No. 33-1980; 5-6-1982 by Ord. No.
38-1982; 4-13-2011 by Ord. No. 26-2011]
All transient merchants or itinerant vendors, as defined in
this article, before offering for sale any goods, wares, merchandise
or bankrupt stock, shall pay to the Director of Revenue and Finance
a sum of $50, and upon payment of such sum as specified herein, said
merchant or vendor shall be entitled to apply for and receive a license,
which shall continue in favor of the person to whom it is issued for
the period of 180 days from the day of issuance.
Application for a license shall be made to the Director of Revenue
and Finance of the City of Atlantic City, and no license shall be
granted until payment for same shall have been made in accordance
with the following provisions:
A.
Every first, original or initial application for a mercantile license made between February 1 and October 1 in any year shall be accompanied by a deposit of $500 or $250 according to whether the regular license fee is $50 or over, or less than $50, respectively, as set out in § 145-34, which deposit shall be held by the Director of Revenue and Finance of the City of Atlantic City and returned to the applicant, less the particular license fee regularly charged for the type of business engaged in by said applicant in the City of Atlantic City, at the expiration of the first year thereafter, provided, however, that said applicant remains in business until the expiration of the first year.
B.
In the event that said applicant fails to remain in business for
the term of one full year after his initial, original or first license
shall have been received, then said applicant shall be deemed to be
an itinerant vendor within the meaning of this article, and the sum
of money deposited by him, as aforesaid, shall be retained by the
City of Atlantic City as payment for the mercantile license issued
to said applicant.
All applicants for the license referred to in § 145-34 hereof shall be sworn to and shall disclose the name or names and residences of the owners or persons in whose interest such business is conducted; and shall further state the average quantity and kind, as nearly as can be, and the value of the stock of goods, wares, merchandise or bankrupt stock intended to be sold or exposed for sale in said municipality. The application shall also give the names and post office addresses of the persons or corporations from which goods making up the stock were or are to be purchased, and the Director of Revenue and Finance in arriving at the valuation may require the submission of bills or invoices of such goods, wares, merchandise or bankrupt stock. A separate license must be obtained for each branch, establishment or separate place of business in which the trade, following, profession or occupation of a transient merchant or itinerant vendor is carried on, and each license shall authorize the person, corporation or partnership obtaining it to carry on, pursue or conduct the business of a transient merchant or itinerant vendor only at the location or place of business which is indicated thereby.
Before a license as herein provided shall issue, the applicant
shall execute and deliver to the Director of Revenue and Finance a
good and sufficient bond with good and sufficient surety or sureties,
to be approved by said licensing official, equal in the amount to
25% of the value of the stock of goods, wares, merchandise or bankrupt
stock as shown in the declarations and disclosure required under the
provisions of this article, but in no event shall said bond be less
than $1,000 in amount, said bond to remain in force for one year and
be conditioned to indemnify and pay said municipality any penalties
or costs incurred in the enforcement of any provisions of this article,
and which shall also by its terms be so conditioned as to indemnify
or reimburse any purchaser of goods, wares, merchandise or bankrupt
stock in a sum equal to at least the amount of any payment or payments
such purchaser may have been induced to make through the misrepresentation
as to the kind, quality or value of such goods, wares, merchandise
or bankrupt stock, whether 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 of any character whatsoever
printed or circulated with reference to said stock of goods, wares,
merchandise or bankrupt stock or any part thereof.
Before a license as herein provided for shall issue, the applicant shall file with the Director of Revenue and Finance an instrument in writing nominating and appointing said Director of Revenue and Finance his true and lawful agent with full power and authority to acknowledge service of notice or process for and on behalf of said applicant in respect to any matters connected with or arising out of said license and the bond given as required by the provisions of § 145-37 of this article or for the performance of the conditions of said bond or for any branch thereof, which said instrument in writing so nominating and appointing said Director of Revenue and Finance as such agent shall contain recitals to the effect that said applicant for said license consents and agrees that service of any notice or process may be made upon said agent, and when so made shall be taken and held to be as valid as if personally served upon the person applying for said license under this article according to the laws of New Jersey or any other state, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service.
As used in this article, the following terms shall have the
meanings indicated:
Includes any individual or individuals, copartners, corporations
and associations; wherever an act is required of a corporation, the
same shall be effected by its duly authorized officers.
A.
Charitable or religious societies that shall conduct sales of goods,
wares, merchandise or bankrupt stock when the proceeds thereof shall
be applied to the payment of the expenses thereof and to the charitable
or religious object for which such charitable or religious societies
exist shall not be required to obtain a license under this article,
however, permits as special events shall be required for activities
to be conducted on the beach, Boardwalk, parks, sidewalks or streets.
[Amended 9-16-1992 by Ord. No. 91-1992]
B.
The provisions of this article shall not apply to rooming or boarding
houses.
A license may be revoked by the Director of Revenue and Finance
by reason of the violation of the terms of the license, the violation
of this article, or falsification, in applying for a license. The
licensed person must be granted a hearing by the Director of Revenue
and Finance after at least three days' notice. A license may be suspended
for not more than two weeks by the issuing officer without a hearing,
unless consented to by the licensee.
[Amended 2-1-1989 by Ord. No. 2-1989; 11-25-2008 by Ord. No.
104-2008]
Any transient merchant or itinerant vendor of goods, wares,
merchandise or bankrupt stock as defined in this article who shall
offer for sale or sell any goods, wares, merchandise or bankrupt stock
without first paying to the Director of Revenue and Finance the license
fee as herein required or who shall fail to secure the license provided
for herein, or who shall neglect or refuse to file the statement provided
for herein, or who shall make a false or fraudulent representation
therein or falsely represent by advertising or otherwise that such
goods, wares, merchandise or bankrupt stock are in whole or in part
damaged goods saved from fire or make any false statement as to the
previous history or character of such goods, wares, merchandise or
bankrupt stock, or shall fail to file the bond required under this
article, or shall fail to nominate said Director of Revenue and Finance,
his agent upon whom service can be made for the purpose mentioned
herein, or shall refuse or neglect to comply with the requirements
of this article in any part, shall be, upon conviction, subject to
a fine of not more than $2,000 or be imprisoned for not more than
90 days, or both, in the discretion of the Municipal Court Judge.
