[HISTORY: Adopted by the Mayor and Council
of the Borough of Dunellen 6-5-1933. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A person who engages in business in this municipality, irrespective
of the permanent or temporary nature of said business, by occupying
premises for the sale of merchandise during and not longer than one
year subsequent to the opening of said premises.
A person who sells goods, the proceeds of which are devoted
exclusively to the purposes of a philanthropic, charitable or religious
society on whose behalf he acts as an agent without pay.
A person, commonly referred to either as a "peddler" or "hawker,"
who goes from place to place by traveling on the streets or from house
to house and carries with him goods, wares and merchandise for the
purpose of selling and delivering them to consumers.
An individual, firm, partnership, corporation, voluntary
association, incorporated association and the principal or agent thereof.
A person selling goods by sample or taking orders for future
delivery, with or without accepting an advance payment for the goods.
A transient merchant or itinerant vendor who engages in merchandising
business in this municipality with the intent to close out or discontinue
such business within a period of one year from the date of commencement
and who occupies a room, building, tent, lot or other premises for
the purpose of selling goods, wares and merchandise.
A person who engages in business in the manner defined in
the definition of "transient merchant," and, in pursuance thereto,
becomes a peddler or hires a peddler as defined in the definition
of "peddler."
[Amended 5-5-2003 by Ord.
No. 03.20]
The purpose of this chapter is to prevent unfair competition and dishonest business practices by the regulation of the conduct of the fourth, fifth and sixth classes of vendors, as specified in § 211-1, and by the imposition of license fees upon the first, second and third classes. Licenses shall be issued without the payment of fees to solicitors, non-profit-making vendors and new merchants, which are classes four, five and six, respectively.
It shall be unlawful for any peddler, transient
merchant, transient merchant peddler, solicitor, non-profit-making
vendor and new merchant to sell or dispose of or to offer to sell
or dispose of any goods, wares or merchandise within the Borough of
Dunellen without first obtaining a license and paying the license
fee hereinafter prescribed for the first, second or third class of
license.
The requirements of this chapter, as to the
payment of a license fee, shall be held not to include the following
persons, who are expressly exempt from paying such fees:
A.
Any person selling fruits, vegetables and farm products
grown by himself, with or without the help of others.
B.
Any person honorably discharged from the military,
naval or marine forces of the United States.
C.
Any blind person who is a resident of this municipality.
D.
Any person who conducts a sale pursuant to statute
or court order.
E.
Any person who is an exempt member of a volunteer
fire department as defined by New Jersey Public Laws, 1911, Ch. 133
(N.J.S.A. 45:24-9 et seq.).
Any person desiring a license shall file with
the Municipal Clerk an application blank. Separate blanks shall be
provided for each of the six classes of licenses. The blanks shall
contain the following information:
A.
For all license classes:
(1)
The name of the applicant.
(2)
The permanent home residence of the applicant.
(3)
The name and address of the firm represented and the
names and addresses of the person from whom the goods making up the
stock were or are to be purchased.
(4)
Three business references.
(5)
The place or places of residence of the applicant
for the preceding three years.
(6)
The length of time for which the license is desired.
(7)
A description of the wares to be offered for sale.
(8)
The number either of arrests or convictions for misdemeanors
or crimes and the nature of the offenses for which the applicant was
arrested or convicted.
(9)
To the application must be appended a letter from
the firm for which the applicant purports to work, authorizing the
applicant to act as its representative.
B.
For transient merchant licenses. In addition to the
foregoing items, the application shall show:
(1)
A sworn statement of the true invoice of the amount,
average quality or kind and the value of the goods to be offered for
sale.
(2)
A statement of the location of such goods by street
or number and whether on the premises from which it is sold or in
a warehouse.
(3)
To the application must be appended, in the discretion
of the Municipal Clerk, the bills or invoices for purchase of such
goods.
C.
For transient merchant peddler licenses. In addition
to the foregoing information, the application must show:
A.
For the three classes of licenses of stationary vendors
(viz: transient merchants, transient merchant peddlers and new merchants)
the issuing officer is directed to establish the character of the
business by eliciting a declaration of the intention of all new businessmen
as to whether they intend to remain within the municipality temporarily
or for longer than a period of one year, and by requiring the filing
of a bond in an amount equal to 25% of the value of the applicant's
stock. In no event shall the bond be less than $1,000, provided that
new merchants shall not be required to file a bond in an amount in
excess of 10% of the value of the applicant's stock.
B.
The bond shall be declared forfeited upon conclusive
proof of falsification in the application for a license; the willful
violation of an ordinance or a state or federal law in the conduction
of said business; or the removal from the municipality within a year
after the opening of the business premises without payment of the
license fee or fees required of transient merchants or merchant peddlers.
The bond of every merchant continuously conducting a vending business
for more than one year shall be surrendered, and no further license
shall be required of him under this chapter.
A.
Following the filing of the application, the Chief
of Police shall verify the information in respect to the moral character
of the applicant and shall signify his approval or rejection on the
reverse side of the form. The Municipal Clerk shall verify the financial
information, approving or rejecting the application on its reverse
side. Upon verification of the application and payment of the prescribed
fee, the license therewith shall be issued by the Municipal Clerk.
B.
The license issued for all license classes shall not
authorize any person, except the designated person named in said license,
to engage in business thereunder. Said license shall not be transferable
from the person to whom issued to any other person. A separate license
must be obtained by a licensed peddler for every agent or employee
working for him. A separate license must be obtained by a licensed
transient merchant for each branch or separate place of business in
which his business is conducted. Each license shall authorize the
person to conduct business only at the location which is indicated
therein.
A.
All licenses shall be issued on forms drawn in accordance
with this chapter. They shall be printed in book form with corresponding
stubs and shall be consecutively numbered. The licenses shall contain
suitable blank spaces for writing in the name, the class of license
granted, the location of the business and the amount of the fee paid.
B.
There shall be kept in the office of the Municipal
Clerk the necessary books for recording the time the application for
a license is received, showing its class, whether it is new or a renewal,
the name of licensee, the regular number of the blank form, when the
application was approved by the Chief of Police and the Municipal
Clerk, the amount of the fee received therefor and the date when the
license was issued.
C.
The Municipal Clerk shall file a report monthly with
the Council, showing the number of licenses granted, by classes, and
the amounts of fees received therefor. Each report shall state the
number and class of licenses suspended or revoked and the reasons
for such suspension or revocation. The monthly report shall be cumulative
during the course of the year so that each report summarizes the action
of all the preceding months of the current year.
Every person holding a license under this chapter
shall have said license with him or at his business premises while
engaged in the business licensed. He must produce the license at the
request of any official of the Borough of Dunellen.
A.
License fees for peddlers and solicitors shall be $150 per day, provided
that certain local organizations and charitable institutions may be
exempt from this upon application to the Mayor and Council and resolution
of said body duly adopted to permit such exemption.
[Amended 4-7-2008 by Ord.
No. 08-10]
B.
Every yearly peddler's license shall terminate at
the close of August 31 of the year in which it is issued; provided,
however, that nothing herein shall be construed to terminate any peddler's
license heretofore issued, but all peddler's licenses heretofore issued
shall remain in force and effect until the termination thereof according
to the terms under which the same have been previously issued.
C.
Transient merchants. A sum of $100 for a license which
shall continue in favor of the person to whom it is issued for the
period of 180 days from the date the same is issued.
A license may be revoked by the Council by reason
of the violation of the terms of the license, the violation of any
municipal ordinance or state or federal statute in the conducting
of said business or falsification in applying for a license. The licensed
person must be granted a hearing by the Council upon his request.
A license may be suspended for not more than two weeks by the issuing
officer without a hearing.
[Amended 5-5-2003 by Ord.
No. 03.20]
Any person required by this chapter to procure
a license who violates its terms shall be subject to a fine of not
more than $500 or may be imprisoned for a period not exceeding 90
days, or both.
