[HISTORY: Adopted by the City Council of the City of Camden
4-9-1987 by Ord. No. MC-2289 as Ch. 537 of the 1987 Code; amended
in its entirety 11-24-1982 by Ord. No. MC-1910. Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes, but is not limited to, retail sales, wholesale
sales and auction sales.
Persons, corporations or partnerships, 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 such goods, wares and
merchandise, but nothing in this chapter shall be construed to affect
the sale of fruit, vegetables and farm products, such as meat, poultry
or eggs.
Each license under this chapter shall continue in favor of the
person to whom it is issued for the period of 180 days from the day
of issuance.
[Amended 12-8-1983 by Ord. No. MC-1994]
Before a license shall issue hereunder, the applicant shall
execute and deliver to the Division of Inspections a good and sufficient
bond with good and sufficient surety, to be approved by the City Attorney,
equal in amount to 25% of the value of the personal property shown
in the declarations and disclosures required under the provisions
of this chapter. In no event shall the bond be less than $1,000. It
shall remain in force for one year. It shall be conditioned to indemnify
and pay the municipality any penalties or costs incurred in the enforcement
of any of the provisions of this chapter, and to indemnify or reimburse
any purchaser of such personal property in a sum to at least the amount
of any payment such purchaser may have been induced to make through
any misrepresentations as to the kind, quality or value of the personal
property, whether the 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.
[Amended 12-8-1983 by Ord. No. MC-1994]
Before a license shall issue hereunder, the applicant shall
file with the Division of Inspections an instrument, in writing, nominating
and appointing the Division of Inspections his true and lawful agent,
with full power and authority to acknowledge service or notice of
process for and on behalf of the applicant in respect to any matter
connected with or arising out of the license and the bond given as
required by this chapter or for the performance of the conditions
of bond or for any breach thereof. Said instrument shall also 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 this or any other state, and waiving all
claim or right or error by reason of such acknowledgment of service
or manner of service.
Each license hereunder shall authorize the licensee to carry
on, pursue or conduct the business of a transient merchant or itinerant
vendor only at the location indicated thereby.
A.
Nothing in this chapter shall be construed to require the obtaining
of a license by any charitable or religious society that shall conduct
sales of personal property 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.
B.
Nothing in this chapter shall be construed to require the obtaining
of a license by any art, antique or historical society that conducts
an exhibition and sale of art objects, pictures, paintings, prints,
historical articles and furniture generally known and designated as
antiques and kindred objects.
C.
Nothing in this chapter shall be construed to 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 was an incorporated
association, not for pecuniary profit, of this state prior to March
26, 1935, or incorporated subsequent thereto; such society shall have
a bona fide membership of at least 100 persons.
[Added 4-9-1987 by Ord. No. MC-2289]
It shall be unlawful for any person, as defined in § 485-1, to engage in the activity identified and regulated by this chapter, without first having obtained a license therefor and paid the fee required for such license, both as provided in Chapter 485, Licenses and Business Regulations. Any person engaging in such activity who shall fail to comply with any provision of this chapter or of Chapter 485 shall be in violation of the provisions of this chapter.
[Added 4-9-1987 by Ord. No. MC-2289]
A.
Unless otherwise provided in the chapter, penalties against persons violating the provisions of this chapter shall be imposed in accordance with the provisions of § 1-15.
[Amended 10-12-2006 by Ord. No. MC-4234]
B.
A separate offense shall be deemed committed on each and every day
for each and every violation of this chapter.
C.
A separate offense shall be deemed committed on each day during or
on which a violation or violations occur or continue.
