[Adopted 6-7-1982 by Ord.
No. 11-1982 as Art. III Ch. 158 of the 1982 Code]
As used in this article, the following terms shall have the meanings
indicated:
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.
A.
Nothing in this article 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 article 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 article 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, if incorporated subsequent thereto, such society shall have a bona fide
membership of at least 100 persons.
D.
Nothing in this article shall be construed to apply to
or affect the sale of fruits, vegetables and farm products, such as meat poultry,
butter and eggs.
Each application for a license required by this article shall be:
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.
Before a license shall be issued, the applicant shall file with the Licensing Officer an instrument, in writing, nominating and appointing the Licensing Officer his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of said applicant in respect to any matters connected with or arising out of the license and the bond given as required by the provisions of § 195-35 of this article or for the performance of the conditions of the bond or for any breach thereof. It shall also contain recitals to the effect that the applicant consents and agrees that service of any notice or process may be made upon said 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 of error by reason of such acknowledgment of service or manner of service.
B.
The Licensing Officer shall keep a record of all notices and processes served upon him pursuant to the provisions of Subsection A of this section, showing the date of such service. The Licensing Officer shall forthwith notify the licensee of such service, by registered or certified mail addressed to the licensee at the residence address or registered office shown on the licensee's application. Such notification shall be deemed complete upon mailing.
A.
Before a license shall be issued, the Licensing Officer
shall investigate the moral character and business responsibility of the applicant,
and, after such investigation, the Licensing Officer shall either approve
or reject the application.
B.
If the Licensing Officer approves the application and
the applicant pays to him the license fee of $500 and complies with all other
provisions of this article, the Licensing Officer shall issue and deliver
to the applicant a license to conduct the business of a transient merchant
or itinerant vendor.
C.
The license shall be in effect, in favor of the person
to whom it is issued, for the period of 180 days from the day of issuance.
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.
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.
