City of Vineland, NJ
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Vineland as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Deceptive advertising — See Ch. 200.
Carnivals — See Ch. 269.
Peddling and soliciting — See Ch. 516.
Streets and sidewalks — See Ch. 630.
[Adopted 3-9-1954 by Ord. No. 116 (Ch. 433, Art. I, of the 1990 Code)]
As used in this article, the following terms shall have the meanings indicated:
APPLICANT and LICENSEE
Includes any individual or individuals, copartners, corporations and associations. Wherever an act is required of a corporation, the same shall be effected by its duly authorized officers.
ARTISAN LICENSE
A license issued to a person, corporation or partnership, whether principal or agent, who shall sell goods, wares and merchandise at a VDID-/City-sponsored event for which applications are sought by the VDID and licenses issued by the Director of License and Inspection for a period not to exceed the duration of the sponsored event. At no time shall an artisan license be issued for a total time exceeding 14 days during any calendar year.
[Added 5-24-2005 by Ord. No. 2005-32]
TRANSIENT MERCHANT/ITINERANT VENDOR
Persons, corporations or partnerships, whether principal or agent, who engage in merchandising business in New Jersey with the 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 the article shall be construed to affect the sale of fruits, vegetables and farm products, such as meat, poultry, butter and eggs. Transient merchant/itinerant vendor shall not include persons who shall sell goods, wares and merchandise at any VDID-/City-sponsored events in which applications are sought by the VDID and an artisan license is issued by the Director of License and Inspection for a period not longer than the sponsored event. No licensee shall receive an artisan license or licenses which in total exceeds a period of two weeks per calendar year.
[Added 5-24-2005 by Ord. No. 2005-32]
VINELAND DOWNTOWN IMPROVEMENT DISTRICT CORP. (VDID)
A special improvement district corporation created pursuant to N.J.S.A. 40:56-77.
[Added 5-24-2005 by Ord. No. 2005-32]
It shall not be lawful for any transient merchant or itinerant vendor, as defined in an act of the New Jersey Legislature entitled an "Act to License and Regulate the Business of Transient Merchants or Itinerant Vendors in this State," N.J.S.A. 45:24-1 to 45:24-13, to engage in a merchandising business in the City of Vineland with intent to close out or discontinue such business within a period of one year from the date of commencement without a license first had and obtained as directed by this article.
[Amended 1-11-1977 by Ord. No. 1065]
All transient merchants or itinerant vendors, as defined in § 676-2 of this article, shall, before offering for sale any goods, wares, merchandise or bankrupt stock, make a declaration under oath to the Director of the Department of Licenses and Inspections of the City of Vineland as to the number of days they propose to engage in such business, together with a specific statement as to the location of personal property, by street and number, and whether on the premises upon which such property is to be sold or in warehouses or storage.
[Amended 1-11-1977 by Ord. No. 1065]
All transient merchants or itinerant vendors, as defined in this article, shall, before offering for sale any personal property, pay to the Director of the Department of Licenses and Inspections of the City of Vineland a sum of $1,000, and, upon payment of such sum as specified herein, said merchant or vendor shall be entitled to apply for and receive a license which shall continue in favor of the person to whom it is issued for the period of 180 days from the day of issuance.
[Amended 1-11-1977 by Ord. No. 1065]
All applications for the license referred to in § 676-4 hereof shall be sworn to and shall disclose the name or names and residence of the owners or persons in whose interest such business is conducted and shall further state the average quantity and kind, as nearly as can be, and the value of the stock of goods, wares, merchandise or bankrupt stock intended to be sold or exposed for sale in said municipality. The application shall also give the names and post office addresses of the persons or corporations from whom or which goods making up the stock were or are to be purchased, and the Director of the Department of Licenses and Inspections of the City of Vineland, in arriving at the valuation, may require the submission of bills or invoices of such goods, wares, merchandise or bankrupt stock. A separate license must be obtained for each branch, establishment or separate place of business in which the trade, following, profession or occupation of a transient merchant or itinerant vendor is carried on, and each license shall authorize the person, corporation or partnership obtaining it to carry on, pursue or conduct the business of a transient merchant or itinerant vendor only at the location or place of business which is indicated thereby.
[Amended 1-11-1977 by Ord. No. 1065]
Before a license as herein provided shall issue, the applicant shall execute and deliver to the Director of the Department of Licenses and Inspections of the City of Vineland a good and sufficient bond with good and sufficient surety or sureties, to be approved by said licensing official, equal in the amount to 25% of the value of the stock of goods, wares, merchandise or bankrupt stock as shown in the declarations and disclosure required under the provisions of this article, but in no event shall said bond be less than $1,000 in amount, said bond to remain in force for one year and be conditioned to indemnify and pay said municipality any penalties or costs incurred in the enforcement of any provisions of this article, and which shall also, by its terms, be so conditioned as to indemnify or reimburse any purchaser of goods, wares, merchandise or bankrupt stock in a sum equal to at least the amount of any payment or payments such purchaser may have been induced to make through misrepresentation as to the kind, quality or value of such goods, wares, merchandise or bankrupt stock, whether said misrepresentations were made by the owners or by their servants, agents or employees, either at the time of making the sale or through any advertisement of any character whatsoever printed or circulated with reference to said stock of goods, wares, merchandise or bankrupt stock or any part thereof.
[Added 3-22-1994 by Ord. No. 94-19]
Before a license shall be issued as herein provided for, the applicant shall file with the Director of the Department of Licenses and Inspections a copy of a valid certificate of authority issued to the applicant pursuant to N.J.S.A. 54:32B-15, empowering the applicant to collect sales tax.
[Amended 1-11-1977 by Ord. No. 1065]
Before a license shall be issued as herein provided for, the applicant shall file with the Director of the Department of Licenses and Inspections of the City of Vineland an instrument, in writing, nominating and appointing said Director of the Department of Licenses and Inspections his true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of said applicant in respect to any matters connected with or arising out of said license and the bond given as required by the provisions of § 676-6 of this article or for the performance of the conditions of said bond or for any breach thereof, which said instrument, in writing, so nominating and appointing said Director of the Department of Licenses and Inspections of the City of Vineland as such agent, shall contain recitals to the effect that said applicant for said license consents and agrees that service of any notice or process may be made upon said agent and, when so made, shall be taken and held to be as valid as if personally served upon the person applying for said license under this article, according to the laws 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 in this article contained shall apply to or require the obtaining of a license by any charitable or religious society that shall conduct sales of goods, wares, merchandise or bankrupt stock when the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable or religious object for which such charitable or religious society exists.
[Amended 1-11-1977 by Ord. No. 1065]
A license may be revoked by the Director of the Department of Licenses and Inspections of the City of Vineland by reason of the violation of the terms of the license, the violation of this article or falsification in applying for a license. The licensed person must be granted a hearing by the City of Vineland after at least three days' notice.
[Amended 1-11-1977 by Ord. No. 1065; 8-28-1990 by Ord. No. 90-79[1]]
Any transient merchant or itinerant vendor of goods, wares, merchandise or bankrupt stock, as defined in this article, who shall offer for sale or sell any goods, wares, merchandise or bankrupt stock without first paying to the Director of the Department of Licenses and Inspections of the City of Vineland the license fee as herein required; or who shall fail to secure the license provided for herein; or who shall neglect or refuse to file the statement provided for herein; or who shall make a false or fraudulent representation therein or falsely represent by advertising or otherwise that such goods, wares, merchandise or bankrupt stock are, in whole or in part, damaged goods saved from fire or make any false statement as to the previous history or character of such goods, wares, merchandise or bankrupt stock; or who shall fail to file the bond required under this article; or who shall fail to nominate said Director of the Department of Licenses and Inspections of the City of Vineland his agent upon whom service can be made for the purpose mentioned herein; or who shall refuse or neglect to comply with the requirements of this article in any part, shall be, upon conviction in the Municipal Court of the City of Vineland, punishable as provided in Chapter 1, General Provisions, Article II, General Penalty.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 5-24-2005 by Ord. No. 2005-32 (Ch. 433, Art. III, of the 1990 Code)]
Prior to any VDID-/City-sponsored event, the VDID may, by resolution of its Board of Directors, authorize the VDID to seek applicants for artisan licenses for the sale of goods, wares and merchandise during the sponsored event only. All applications shall require the applicant to certify that it shall comply with N.J.S.A. 54:32B-15, if applicable, and further that it is not a transient merchant/itinerant vendor as defined herein. The applicant shall also comply with all of the rules and regulations of the VDID/City, which shall include a requirement that all participating applicants for an artisan license pursuant to this section provide a liability insurance certificate with a general liability limited of $1,000,000 naming the VDID/City as additional insureds. The VDID shall submit all approved applications to the Director of the Department of License and Inspection of the City of Vineland, who shall issue an artisan license for the sale of said goods, wares and merchandise for the period of time commencing at the beginning of the event and expiring at the conclusion of the event. There shall be no charge for said license. Nothing herein shall prohibit the VDID from collecting a fee for each application. Sections 676-5, 676-6, 676-7 and 676-8 shall not apply to those vendors who have received a license pursuant to this section.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).