[HISTORY: Adopted by the City Council of the City of Garfield 12-22-1992 by Ord. No. 2104 (Ch. 163, Art. IA, of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Criminal history record checks — See Ch. 48, Art. VI.
Peddling and soliciting — See Ch. 237.
It shall be unlawful for a transient merchant, as defined herein, to engage in the business of selling Christmas trees and related items within the City of Garfield without first obtaining a license therefor in compliance with the provisions of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
CHRISTMAS TREE
An evergreen tree or bush intended to be decorated with ornaments and displayed during the Christmas season.
RELATED HOLIDAY DECORATIONS
Items such as wreaths, grave blankets, garland, mistletoe and other nature and type of decorations intended to be used and/or displayed at and during the Christmas season, including items not made of vegetable matter, such as bows, Christmas lights, balls and other nonvegetative decorations.
TRANSIENT MERCHANT
Any person, partnership, firm, corporation or other entity, whether as owner, agent, cosignee or employee, who engages in a temporary business of selling, exhibiting for sale or holding out for sale and who in furtherance of such purpose hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad car, street, lot parking area or other place within the City for the exhibition and sale of goods, wares and merchandise, either privately or at public auction, where such merchant engages in merchandising with the intent to close out or discontinue business within one year or less from the date of commencement.
Applicants for a license under this chapter, shall file a sworn, written statement signed by the applicant, if an individual, by all partners of a partnership and by the President and Secretary if a corporation, with the City Clerk on a form prescribed by the Clerk showing:
A. 
The name or names of all persons applying and conducting the business. The address of such persons, including their permanent address. The telephone number or numbers for a day or evening communication with the applicant. If a corporation, the state of incorporation and proof that the corporate charter is active and has not been revoked.
B. 
The fingerprints and social security number of all persons conducting the business or, in lieu thereof, proof that the applicant has held a valid transient merchant's license issued by a municipality in the State of New Jersey within a year of the date of the application, and that such license has not been revoked or suspended.
C. 
The location by street address, lot, block and zoning district or portions thereof, and a scale drawing where the proposed business of the applicant will be conducted.
D. 
The number of days, not to exceed 75 and hours in each when the proposed business will be conducted.
E. 
The place or places, including the permanent place of business of the applicant, if any, where the applicant within six months next preceding the date of the application, has conducted a business or transient business, stating the nature thereof and providing a street address of the building, office, lot or other place in which or on which such business was conducted.
F. 
The name and address of the owner of the property where the business is proposed to be located, and a copy of the written lease or permission of such owner.
G. 
A brief statement of the nature and character of the advertising done or proposed in order to attract customers, a description of the vehicles, carts, stands or other temporary or transient means of displaying, marketing or merchandising devices intended to be utilized.
H. 
A statement that the person or persons conducting the business has not been convicted of a crime and, if so, the date and nature of such offense and punishment assessed or served.
I. 
Such other reasonable information as to the identity and character of the applicant or person or persons having management and/or supervision of the business or method or plan of doing business as the City Clerk may deem appropriate to fulfill the purpose of this chapter in protecting the public.
A. 
Upon receipt of an application, the City Clerk will cause to be conducted a brief inquiry by the Police Department, Zoning Officer and any other department or agency of the City of Garfield or State of New Jersey to verify the information contained in the application. Such inquiry shall be designed to include the reputation, business responsibility, reliability, criminal background and motor vehicle license abstracts of the applicant and all persons having management or supervision. It shall further include an inquiry or investigation of the proposed location and items proposed to be sold or held out for sale.
B. 
The City Clerk may deny an application where the investigation or inquiry demonstrates that:
[Amended 12-22-1992 by Ord. No. 2105; 11-22-2022 by Ord. No. 2965; 12-29-2022 by Ord. No. 2970]
(1) 
The information set forth in the application is fraudulent or misleading;
(2) 
The applicant or any person conducting the business has been convicted of a crime or disorderly person offense which has not been expunged pursuant to N.J.S.A. 2C:52-1 et seq., or pardoned and which offense relates adversely to the business for which the license is sought; in this regard the City Clerk shall be guided by N.J.S.A. 2A:168A-2;
(3) 
The proposed location is not a proper area and will cause obstruction of the public right-of-way or sidewalks or create a neighborhood disturbance;
(4) 
The real estate property taxes or assessments for the proposed location are delinquent for more than six months;
(5) 
The roadways adjacent to the location, its ingress and egress are inadequately designed for safe traffic or pedestrian circulation;
(6) 
The proposed hours of business or nature of the business will coincide or overlap other business or activities currently permitted at the location; or
(7) 
The proposed means of advertising, marketing, display or exhibition is contrary to the zoning or building codes, or other ordinances of the City of Garfield.
The City Clerk shall keep a full record of all licenses issued. Such license shall contain the license number, the date the same was issued, the license fee paid, the expiration date of the license, the place where the business may be conducted and the name, addresses and telephone numbers of the person or persons authorized to carry on such business. A copy of this information shall be placed upon the license issued and must be displayed by the operator.
Before any license shall be issued, the applicant shall file with the City Clerk an instrument nominating and appointing the City Clerk his or their 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 matters connected with or arising out of the business transacted under the license issued. It shall also recite 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 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. Immediately upon service of process as provided herein the City Clerk shall send to the licensee at his last known address, by certified mail, a copy of said process.
The license issued shall be posted conspicuously in the place of business or location named herein.
[Amended 11-22-2022 by Ord. No. 2965; 12-29-2022 by Ord. No. 2970]
Licensees shall pay the City an annual fee of $100.
No license shall be transferred without the written consent of the City Manager as evidenced by a written endorsement on the face of the license showing to whom the license is transferred and the date of such approval.
[Amended 12-29-2022 by Ord. No. 2970]
A. 
Each licensee shall maintain the license area in compliance with this chapter and in a manner so as not to interfere with the operations of police, the Fire Department and EMS or with pedestrian and vehicular traffic; and
B. 
Upon completion of the license term, each licensee shall restore the licensed area to the original condition and clean the licensed area to be free of all debris, trash and litter.
The City Clerk shall deposit with the Police Department a duplicate copy of the license issued. The Police Department shall report to the City Clerk and City Manager any complaints against any person licensed under this chapter and any conviction for violation. The City Clerk shall keep a record of all such licenses, complaints, violations and convictions.
A. 
this chapter shall have limited application to any charitable or religious society, local volunteer fire company or ambulance corps when the proceeds of the sale of personal property shall be applied to the payment of the expenses thereof and to the charitable or religious object for which the society or entity exists and likewise for any art or historical society which proposes to exhibit and sell art objects, pictures, paintings, prints, historical articles or designated antiques, and to any agricultural show, fair or garden society.
B. 
Each such organization shall comply with all of the provisions of this chapter except:
(1) 
The fee required.
(2) 
Submitted proof of registration and compliance with the State of New Jersey under N.J.S.A. 45:17A-1 et seq. (Charitable Fund Raising Act), if applicable.
(3) 
Be an organization, organized, funded or recognized by ordinance or resolution of the City of Garfield.
C. 
The City Clerk may after examination approve such a license but shall impose conditions limiting the days when such business may be conducted to no more than 75.
[Amended 12-22-1992 by Ord. No. 2105]
[Amended 4-25-2006 by Ord. No. 2457]
Any person violating any of the provisions of this chapter shall be punishable, upon conviction thereof, by one or more of the following: a fine not exceeding $2,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days.