[1]
Editor's Note: For state law authorizing Township to license
hawkers, peddlers and itinerant vendors, see N.J.S.A. 40:52-1.
[R.O. 1951, Ch. 17, § 2]
It shall be unlawful for any peddler, transient merchant, transient
merchant peddler, solicitor or non-profit-making vendor to sell or
dispose of or offer to sell or dispose of any goods, wares or merchandise
within the Township without first obtaining a license.
[R.O. 1951, Ch. 17, § 3]
The requirements of this article shall not be held to include
the following persons, who are expressly exempt from its application:
(a)
Any person honorably discharged from the military, naval or marine
forces of the United States and who holds a veteran's license from
a County Clerk of this state.
(b)
Any person who is an exempt member of a volunteer fire department,
as defined in N.J.S.A. 45:24-9.
(c)
Any person employed by a company or corporation which is subject
to regulation by the Board of Public Utilities pursuant to N.J.S.A.
48:2-1 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(d)
Any person engaged in interstate commerce.
[R.O. 1951, Ch. 17, § 4]
Any person desiring a license under this article shall obtain
from the Chief of Police an application blank.
[R.O. 1951, Ch. 17, § 5]
Applications for licenses required by this article shall contain
the following:
(a)
All licenses.
(1)
The name of the applicant.
(2)
The applicant's permanent home residence.
(3)
The name and address of the firm represented.
(4)
Three business references.
(5)
The place 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 arrested or convicted.
(9)
A letter from the firm for which the applicant purports to work,
authorizing the applicant to act as its representative.
(10)
The fingerprints of the applicant, for identification purposes.
(b)
Transient merchants. In addition to the requirements of Subsection (a) of this section, the application for a transient merchant's license shall show:
[R.O. 1951, Ch. 17, § 6]
The Chief of Police shall have a reasonable time in which to
verify the information in the application for a license under this
article respecting the moral character of the applicant, and shall
signify his approval or rejection on the reverse side of the form,
which he shall then transmit to the Township Clerk.
[R.O. 1951, Ch. 17, § 7]
Upon receiving from the Chief of Police any application for
a license under this article favorably endorsed by the Chief of Police,
the Township Clerk, who is hereby designated as the license officer,
shall, in the case of transient merchants and transient merchant peddlers,
establish the character of the business by requiring the filing of
a good and sufficient bond with good and sufficient surety, which
bond shall be approved by the Township Clerk and shall be in an amount
equal to 25% of the value of the applicant's stock, provided that
in no event shall the bond be less than $1,000 in amount. Such bond
shall be conditioned to indemnify and pay to the Township any penalty
or costs incurred in the enforcement of any of the provisions of N.J.S.A.
45:24-1 through 45:24-8 or any other statute of the state, and shall
also by its terms be so conditioned to indemnify or reimburse any
purchaser of any goods, wares, merchandise or bankrupt stock in a
sum equal at least to the amount of any payment 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 the misrepresentation was made by the owner or his 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 the stock of goods, wares, merchandise or bankrupt
stock or any part thereof. The bond shall also be conditioned and
may, in the discretion of the Township council, be declared forfeited
upon proof of 1) falsification in the application for a license; 2)
willful violation of an ordinance, state or federal law; or 3) removal
from the Township within a year after opening the business premises
without payment of the license fee 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.
[R.O. 1951, Ch. 17, § 8]
The Township Clerk, upon receiving an application for a license
under this article bearing the favorable endorsement of the Chief
of Police, shall verify the financial information, approving or rejecting
the application on the reverse side.
[R.O. 1951, Ch. 17, § 18; amended by Ord. No. 3518, 9-30-1997, § 21]
Fees for licenses issued pursuant to this article shall be as set forth in Appendix III of Chapter 2.
[R.O. 1951, Ch. 17, § 9]
Upon verification of an application for a license under this
article and payment of the prescribed fee, the license shall be issued
by the Township Clerk. The license issued shall not authorize any
person, except the designated person named in such license, to engage
in business thereunder.
[R.O. 1951, Ch. 17, § 10]
No license issued pursuant to this article shall be transferable
from the person to whom issued to any other person without the consent
of the Township Clerk.
[R.O. 1951, Ch. 17, § 11]
A separate license shall be obtained by a licensed peddler for
every agent or employee working for him.
[R.O. 1951, Ch. 17, § 12]
A separate license shall 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.
[R.O. 1951, Ch. 17, § 13]
All licenses issued pursuant to this article shall be issued
on forms drawn in accordance with this article. They shall be printed
in book form, with corresponding stubs, and shall be consecutively
numbered. The license shall contain suitable blank spaces for writing
in the name, the class of license granted, the location of the business
and the amount of fee paid.
[R.O. 1951, Ch. 17, § 15]
The Township Clerk shall monthly file a report with the Township
Council showing the number of licenses granted pursuant to this article
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 preceding months of the current year.
[R.O. 1951, Ch. 17, § 16]
Every person holding a license under this article shall keep
the license with him or at his business premises while engaged in
the business licensed. He shall produce the license at the request
of any official of the Township.
[R.O. 1951, Ch. 17, § 19]
A license issued pursuant to this article may be revoked by
the Township Council by reason of the violation of the terms of the
license, the violation of any provision of this Code or other Township
ordinance, state or federal statute or falsification in applying for
a license. The licensed person shall be granted a hearing by the Township
Council upon his request. A license may be suspended for not more
than two weeks by the issuing officer without a hearing.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any person violating this article shall be subject to a fine
of not less than $25 nor more than $200 or imprisonment for not more
than 90 days, or both.
