[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-20-1963 by Ord. No. 193]
As used in this chapter, the following terms shall have the
meanings indicated:
A person who sells goods, wares or merchandise, the proceeds
of which are devoted exclusively to the purposes of a philanthropic,
charitable or religious society on whose behalf he acts as agent with
or without pay, but excluding those individuals or organizations soliciting
for funds or other things of value for which no merchandise, wares
or services are given in return and for which licenses are required
and control administered as provided for by any other chapter or section
of the Code of the City of Hoboken.
A person, commonly referred to either as a "transient merchant," "itinerant merchant," or "salesman," "peddler," "vendor" or other such person, who goes from place to place by traveling on the streets, or from house to house, and carries or transports with him pre-packaged foodstuffs, goods, wares and merchandise for the purpose of selling and delivering them to consumers, or who, without carrying or transporting merchandise, sells or proposes to sell services of any kind. This definition shall include "mobile retail pre-packaged food vendors," as defined in § 147-3.
[Amended 3-7-2012 by Ord. No. Z-159]
An individual, firm, partnership, corporation, association
and principal or agent thereof.
[Amended 3-7-2012 by Ord. No. Z-159]
A.
The provisions
of this article shall not affect any non-profit-making vendor or any
person duly licensed by the Commissioner of Banking and Insurance
or the Real Estate Commission of the State of New Jersey.
The purpose of this chapter is to prevent dishonest business
practices, to provide protection to the citizens of the City from
unregulated itinerant or transient salesmen and the annoyance consonant
thereto, the safety of the residents of this community and the best
interests of its welfare and to eliminate noise disturbing to the
peace and tranquility of the community.
It shall be unlawful for any person to sell or dispose of, or
to offer to sell or dispose of, any foodstuffs, goods, wares or merchandise
within the City of Hoboken, without first obtaining a license and
having paid the license fee hereinafter prescribed.
The license fee only shall not apply to any person qualifying
under N.J.S.A. 45:24-9 or to any person who conducts a sale pursuant
to statute or court order nor to any person who has an established
local business. "Local business" shall be defined to be, within the
City of Hoboken, an establishment which displays and offers for sale
the same products that the peddler, hawker, vendor or solicitor are
offering for sale, and the business of which is not devoted primarily
by the nature thereof to house-to-house or itinerant vehicular selling.
Any person desiring a license shall file with the City Clerk
of the City of Hoboken an application which shall contain the following
information:
A.
The name of the applicant.
B.
If a trade name is used, whether the applicant is an individual,
partnership, association or corporation.
C.
The address of the applicant and telephone number.
D.
The names and addresses of the persons from which goods making up
the stock were or are to be purchased.
E.
Three business references.
F.
The place or places of residence of the applicant for the preceding
three years.
G.
A description of the goods or services to be sold.
H.
If the applicant is a corporation, the state in which its Charter
is registered and the registered agent's name and address in
this state.
I.
If other than an individual, the names and addresses of the partners,
officers and any salesmen to be employed.
J.
The number and nature of any arrests or convictions against the applicant,
officers, partners or any salesmen to be employed.
K.
As to the application, there must be appended a letter or, when applicable,
a corporate resolution from the firm authorizing the person signing
the application to act as its representative and certifying that the
information is correct and accurate.
L.
Whether the applicant, in previously operating in this state under
a license, has had such license revoked or suspended and, if so, the
reasons therefor.
M.
The description of vehicle and state license number.
The general standard herein set out, relative to the qualifications
of every applicant, shall be considered and applied by the Supervisor
of Licenses. The applicant shall:
A.
Be of good moral character. In making such determination the Supervisor
of Licenses shall consider:
(1)
Penal history. All convictions, the reason therefor and the demeanor
of the applicant subsequent to his release.
(2)
License history. The license history of the applicant; whether such
person, in previously operating in this or another state under a license,
has had such license revoked or suspended, the reasons therefor and
the demeanor of the applicant subsequent to such action.
(3)
General personal history. Such other facts relevant to the general
history of the applicant as he shall find necessary to a fair determination
of the eligibility of the applicant.
B.
No corporation shall be granted a license unless the officers thereof
could, as individuals, qualify for a license under the provisions
of this chapter.
A.
Following the filing of the application, the original shall be referred
to the Supervisor of Licenses who shall cause such investigation of
the applicant's moral character, license history and general
personal history to be made and return said application with his findings
thereon to the City Clerk.
B.
If, as a result of such investigation, the applicant's moral
character is found to be unsatisfactory, the Supervisor of Licenses
shall endorse on said application his disapproval and his reasons
for the same and return said application to the City Clerk, who shall
notify the applicant that his application is disapproved and that
no license will be issued.
C.
If, as a result of such investigation, the applicant is found to
be of good moral character, the Supervisor of Licenses shall endorse
on the application his approval, and a license shall be issued by
the City Clerk upon payment of the license fee.
D.
The City Clerk shall keep all necessary records pertaining thereto.
E.
For all license classes, the license shall not authorize any person
except the person named in said license to engage in business thereunder.
Licenses shall not be transferable from the person to whom it is issued
to any other person. A separate license must be obtained by a licensed
peddler for every agent working for him. All licenses shall expire
on the 31st day of December of each year.
Every person holding a license under this article shall be required
to carry the license with him while engaged in the business licensed.
He must produce the license at the request of any person solicited,
a police officer or other official of the City of Hoboken. All automobiles,
wagons, carts or other vehicles of any kind shall have affixed thereon
a plate bearing the words "Peddlers and Solicitors License, City of
Hoboken," together with the number of the license and the year for
which it is issued.
[Amended 12-1-1982 by Ord. No. C-235]
The license fee shall be as follows:
A.
A fee of $50 annually shall be charged to the applicant, regardless
of his type of business, where the nature of the business does not
involve the use of a vehicle of any kind in its operation.
B.
Mobile units selling merchandise of any other description shall be
$150 per vehicle.
C.
Non-profit-making vendors shall not be required to pay any license
fee.
All persons to whom a license shall be issued hereunder shall
observe the following regulations:
A.
No person or vehicle shall stand or be parked in a fixed location
for the purpose of displaying or selling wares, merchandise or services
on any public or private property where to do so causes or is likely
to cause a crowd, impede vehicular or pedestrian traffic, produce
annoying sounds, noise or disturbances, which interfere with the comfort
of the residents, nor shall any such person ring any bell or gong,
blow any horn, whistle or similar instrument or use any mechanical
sound device, musical device, sound amplifier or instrument, whether
manually or automatically operated, to attract the attention of the
public; provided, however, that any such person may ring four cast
bells of brass, bronze, chrome or chrome-plated material, which are
not more than three inches in diameter and two and two and 1/2 inches
in length. It shall also be unlawful to strew or litter, or cause
to be strewn or littered, the public streets or sidewalks with refuse
or waste matter of any kind or to in anywise interfere with the comfort
or convenience of the residence or business of the occupants or owners
of adjacent properties.
B.
No person or vehicle shall stand or be parked for the purpose of
displaying or selling wares, merchandise or services on any public
or private property within a distance of 200 feet of the nearest public,
parochial or private school in the City of Hoboken during school hours.
School hours shall mean any time between 8:30 a.m. and 3:30 p.m. on
weekdays, exclusive of Saturdays, during such days as said schools
may be in session.
C.
No person covered by this article shall sell or attempt to sell,
in accordance with the terms of this article, except as set forth
in the preceding subsection, before 9:00 a.m. or after 9:00 p.m. prevailing
time. The aforesaid time limitations shall not apply to persons who
are expressly invited into homes by the occupants thereof.
D.
It shall be unlawful for any person covered by this article to misrepresent
the character or quality of merchandise offered for sale, to importune
or otherwise annoy any person for the purpose of effecting a purchase
or to conduct himself otherwise than honestly and courteously.
E.
No licensee shall park his vehicle or dispensing container for a
period longer than the time it takes to make a sale to a customer.
A license may be revoked by the City Council 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. No fees shall be returned for any unexpired period of a
license, whether revoked or not revoked.
[Amended 11-4-1987 by Ord. No. V-140]
Any person violating any of the terms or provisions of this
article, or who conducts the business of peddler, solicitor or non-profit-making
vendor in the City of Hoboken without a license to do so, shall, on
conviction thereof by the Municipal Judge of this City, be subject
to a fine not exceeding $1,000 or by imprisonment in the county jail
for a term not exceeding 90 days, or by both such fine and imprisonment,
in the discretion of the Judge.
[Adopted 1-7-1959]
[1]
Editor's Note: The provisions of this article are derived
from Ch. 22 of the former General Ordinances of the City of Hoboken,
New Jersey, adopted 1-7-1959 by Ord. No. 123.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes persons, corporations or partnerships, whether principal
or agent, who engage in a merchandising business in the City of Hoboken,
with intent to close out or discontinue such business within one year
from the date of commencement, and includes those who, for the purpose
of carrying on such business, hire, lease or occupy any building,
or part thereof, or any structure or railroad car. for the exhibition
and sale of such goods, wares and merchandise comprising the merchandising
business in which such persons shall be engaged; except, however,
fruits, vegetables and farm produces, such as meat, poultry, butter
and eggs.
Every transient merchant or itinerant vendor shall, before exhibiting
or offering for sale any goods, wares or merchandise, make a declaration
under oath, to the Director of the Department of Revenue and Finance,
of the number of days he proposes to engage in such business, together
with a specific statement as to the location where such merchandising
business is to be conducted, and wherein such property as shall be
exhibited for sale and sold shall be located, by street and number,
and whether on the premises wherein such transient merchant or itinerant
vendor is located and engaged in the merchandising business, or a
railroad car or in warehouses or places of storage.
Every transient merchant or itinerant vendor shall, before offering
any goods for sale, pay to the Director of the Department of Revenue
and Finance the sum of $200 and upon payment of such sum, he shall
be entitled to apply for and receive a license, which shall continue
for a period of 180 days from the date of issuance of the certificate
of license.
The application for such license shall be sworn to and shall
disclose the name and residence of the owner or person in whose interest
such business is conducted and, if the applicant is a corporation,
the names and addresses of the officers and directors of the corporation
and the name and address of the statutory agent of such corporation,
and shall further state the average quantity and kind, as nearly as
can be, and the value of the personal property, goods, wares and merchandise
intended to be sold or exposed for sale. Such application shall also
give the names and post office addresses of the persons or corporations
from which goods, wares and merchandise, making up the stock of the
merchandising business of the applicant, were or are to be purchased
by the applicant, and the licensing official, in arriving at the valuation,
may require the submission of bills or invoices of such personal property,
goods, wares and merchandise. 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 to be
carried on within the City. 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.
A.
Before a license shall issue, the applicant shall execute and deliver
to the Director of the Department of Revenue and Finance, in his proper
name, running to him, in his official capacity and to his successor
and assigns, a good and sufficient bond in the principal sum of $1,000
with good and sufficient surety, to be approved by the Director of
the Department of Revenue and Finance, or equal in amount to 25% of
the value of the personal property, goods, wares and merchandise shown
in the declarations and disclosures required hereinabove.
B.
The bond shall be and remain in force for one year and be conditioned
to indemnify and pay to the Mayor and Council any penalties or costs
incurred in the enforcement of any of the provisions of this article,
and to indemnify or reimburse any purchaser of such personal property,
goods, wares or merchandise in a sum equal to at least the amount
of any payment such purchaser may have been induced to make through
misrepresentation as to the kind, quality or value of the personal
property, goods, wares or merchandise, whether the misrepresentations
were made by the owners of the merchandising business in which the
licensee shall be engaged or their servants, agents or employees,
either at the time of making the same or through any advertisement
or circular with reference to such personal property, goods, wares
or merchandise, or any part thereof.
Before a license shall issue hereunder, the applicant shall
file with the Director of the Department of Revenue and Finance an
instrument in writing, nominating and appointing the Director, his
true and lawful agent with full power and authority to acknowledge
service of notice of process for and in behalf of the applicant in
respect to any matters connected with or arising out of the license
and the bond. The instrument shall contain recitals to the effect
that the applicant consents and agrees that service of any notice
or process may be made upon such agent and when so made shall be as
valid as if personally served upon the applicant, according to the
laws of the State 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.
Nothing contained in the provisions of this article shall apply
to or require the obtaining of a license by any charitable or religious
society that shall conduct sales of personal property or goods, wares
or merchandise, when the proceeds thereof shall be applied to the
payment of the expenses thereof and to the charitable or religious
object for which the society exists; or require the obtaining of a
license by any art, antique or historical society that shall conduct
an exhibit and sale of art objects, pictures, paintings, prints, historical
articles and furniture generally known and designated as "antique"
and "kindred objects"; or require the obtaining of a license by any
agricultural show, fair or garden society selling or closing out certain
of their exhibits, if such society is an incorporated association
not for pecuniary profit, organized under the laws of the State of
New Jersey prior to March 26, 1935, or, if incorporated subsequently
thereto, shall have a bona fide membership of at least 100 persons;
or require the obtaining of a license by any person or corporation
engaged in the sale of fruits, vegetables and farm products, such
as meat, poultry, butter and eggs.
[Amended 11-4-1987 by Ord. No. V-140]
Any transient merchant or itinerant vendor, who fails to comply
with the requirements of this article, or makes a false or fraudulent
representation in any statement required by this article, be filed
by such person or corporation as applicant for license hereunder,
or falsely represents by advertising or otherwise that such personal
property, goods, wares or merchandise, the sale of which the licensee
hereunder shall be engaged in, is in whole or part damaged goods saved
from fire, or makes any false statement as to the previous history
or character of such personal property, goods, wares or merchandise,
shall, if other than a corporation, upon conviction thereof before
the Municipal Judge, be subject to a fine of not less than $25 nor
more than $1,000 or to imprisonment for a period not exceeding 90
days, or both, the amount of such fine and imprisonment within the
limitations aforesaid to be determined in the discretion of the Municipal
Judge.
