[Adopted 6-7-1956 by Ord. No. 6-1956]
[Amended 9-16-1992 by Ord. No. 91-1992]
No person shall hawk, peddle or vend any ice cream, food, beverages,
confections, goods, wares, merchandise or commodities of any nature
or description on the public Boardwalk in the City of Atlantic City
or upon any of the approaches thereto except as permitted by a special
events permit issued by the Mayor.
[Amended 9-16-1992 by Ord. No. 91-1992; 5-24-2000 by Ord. No.
32-2000]
No person shall hawk, peddle or vend any ice cream, food, beverages,
confections, goods, wares, merchandise or commodities of any nature
or description on the public beaches in and along the oceanfront of
the City of Atlantic City, except that a person qualifying under the
provisions of N.J.S.A; 45:24-9 et seq., and as hereinafter set forth,
may hawk, peddle or vend ice cream on the public beaches after such
person shall have obtained a license or permit from the Director of
the Mercantile License Bureau as hereinafter provided; or as permitted
by permit/license issued in accordance with New Jersey laws and special
events permit issued by the Mayor or lease authorized by Council.
A.
No hawker, peddler or vendor to whom a license certificate shall
be issued under this article shall use a gong, bell or other instrument
or sound device to attract the attention of the public, nor shall
be cry out his product for sale in a loud or offensive manner.[1]
[1]
Editor's Note: Ordinance No. 56-2009, adopted 10-7-2009, provided
for a fine for violation of this subsection of $54.
B.
No hawker, peddler or vendor, or any other person, to whom a license
is granted under this article shall distribute, sell, give away or
pass out any circulars, pamphlets, coupons, amusement tickets or any
other tickets, admittances or any item or thing of similar nature,
nor any toys, souvenirs or gimmick of any description whatsoever,
to the public on or near the beach.
[Added 5-15-1975 by Ord. No. 7-1975]
C.
No hawker, peddler or vendor, or any other person, to whom a license
is granted under this article shall be permitted to cause, perform,
effect or carry on any advertising or publicizing of any type, description
or nature whatsoever, except that the hawker, vendor or peddler may
advertise or publicize on his ice cream-vending container the ice
cream being sold.
[Added 5-15-1975 by Ord. No. 7-1975]
D.
The hawker, peddler or vendor shall wear a T-shirt or sport shirt
and trousers. The clothing shall be free and devoid of any and all
lettering, writing, advertising, publicizing or illustrating of any
type or description whatsoever.
[Added 5-15-1975 by Ord. No. 7-1975]
As used in this article, the following terms shall have the
meanings indicated:
Includes persons, firms, partnerships and corporations.
It shall be unlawful for any person to aid, assist or abet any
other person engaged in the business of hawking, peddling or vending
in violation of this article.
[Amended 2-15-1995 by Ord. No. 12-1995; 9-17-2008 by Ord. No.
76-2008]
Before any license is granted as set forth in § 145-2 of this article, the applicant shall make application, in writing, under oath therefor, on a form to be provided by the Director of Public Safety and file the same with said Director where the same shall be open for inspection. The application shall state:
A.
Full name of the applicant.
B.
His residential address.
C.
Places where the applicant has resided for a period of three years
immediately prior to making the application.
D.
Whether the applicant intends to sell, peddle or vend on behalf of
himself, or whether said applicant is employed by some other person,
and, if the latter, then the name and address of such employer.
E.
Whether any applicant has ever been convicted of a crime involving
moral turpitude.
F.
The place or places and the time that the applicant has engaged in
hawking, peddling or vending.
G.
Each applicant shall furnish a photograph taken within one year of
the application, said photograph to be two inches by three inches
and to be securely attached to the license, if issued.
H.
The applicant shall state whether he has a hawker's, peddler's or
vendor's license issued by the County Clerk pursuant to N.J.S.A. 45:24-9
et seq., the date of the issuance of the same and whether said license
is still in force.
I.
The applicant shall be fingerprinted. To provide for a timely and
efficient criminal history background review, the City of Atlantic
City will be utilizing the state-police-coordinated, non-criminal-justice
fingerprinting process known as "Live Scan." The State of New Jersey
has contracted with a vendor, Sagem Morpho Inc., to perform this service.
The company has established permanent sites throughout the State as
well as several mobile units available to meet its contractual agreement.
Sagem Morpho charges a fee for the fingerprinting for which the applicant
will be responsible. There will be an additional fee of $20 payable
to the City of Atlantic City, for the processing of the fingerprint
documentation required by Sagem Morpho.
The Director of Public Safety shall investigate each and every
application filed as aforesaid and is hereby vested with the sole
discretion as to the granting and denial of applications for licenses,
in accordance with the standards, rules and conditions herein set
forth which are designed to protect the public health, safety and
general welfare.
No license shall be issued to any person unless the Director
of Public Safety is satisfied that the applicant is honest and of
good moral character and is the holder of a valid, subsisting hawker's
and peddler's license issued by the County Clerk pursuant to N.J.S.A.
45:24-9 et seq.
[Amended 4-20-2016 by Ord. No. 20-2016]
Every license which shall be granted under this article shall
be for a period of one year from July 1 to June 30 of the succeeding
year. No license shall be transferable from person to person without
the consent of the Director of Public Safety.
[Amended 3-30-1978 by Ord. No. 12-1978; 7-25-1984 by Ord. No.
54-1984]
The annual fee for such license shall be $50.
Every licensee shall have prominently displayed on the container
or carrier of his product the price to be charged for the product
or commodity.
Every licensee, shall wear and prominently display a badge issued
by the City of Atlantic City upon the granting of the license during
the time that he is engaged in hawking, peddling or vending. The photograph
of the licensee must be worn attached to said badge.
The equipment used or employed by peddlers, hawkers or vendors
of ice cream shall be maintained and kept in a clean and sanitary
manner and be subject to inspection by the Board of Health and must
fully comply with the ordinances of the City of Atlantic City and
the rules and regulations of the Board of Health.
The storage or distribution place must be a building or store
and cannot be from an automobile or truck. The storage place or places
and distribution points for ice cream sold by peddlers, hawkers and
vendors shall be maintained in a clean and sanitary manner and shall
be subject to inspection by the Board of Health of the City of Atlantic
City and fully comply with the ordinances of the City of Atlantic
City and the rules and regulations of the Board of Health of said
City.
The Director of Public Safety in charge of granting licenses
may, upon his own motion or upon the complaint in writing of any person,
investigate the actions of any licensee and after a hearing duly held
on notice to the licensee, have the power and authority to suspend
for the unexpired portion of the license period or for a period less
than the unexpired portion of the license period or to revoke any
licenses issued under the provisions of this article where the licensee,
in performing or attempting to perform any of the acts herein, shall
be found to be guilty of:
A.
Disorderly conduct while in the course of hawking, vending or peddling.
B.
Any conduct which demonstrates dishonesty or moral turpitude.
C.
For the making of any false statement on the application for said
license.
D.
For the violation of any of the provisions of this article.
E.
For knowingly selling products from a disapproved place.
F.
For spreading debris, boxes or wrappers upon the public beach.
G.
For charging more than the listed price for any article.
H.
For selling a quantity less than represented.
The Director of Public Safety may, when in his judgment the
offense of the licensee is deemed by him to be detrimental to the
public health, safety or welfare, summarily suspend the license heretofore
granted; provided however, that said Director of Public Safety grants
a hearing to the offending licensee within 15 days after the suspension
of said license. During the time said license is suspended, it shall
be unlawful for the licensee to engage in the hawking, peddling or
vending of ice cream.
It shall be unlawful for a person to hawk, peddle or vend any
ice cream of any nature or description upon the public Boardwalk of
the City of Atlantic City.
[Amended 6-24-1976 by Ord. No. 19-1976]
A.
The number of hawkers', vendors' and peddlers' licenses shall not
exceed 125 in number, which number is deemed sufficient to meet the
public need and prevents the creation of a public nuisance on the
beaches of the municipality and the consequent hazards to the health,
safety and welfare of those persons who use the beach and ocean for
health and recreational purposes.
B.
All applications to hawk and vend under the provisions of this article,
over and above the 125 licenses issued, shall be placed by the Director
of Public Safety on a waiting list, numbered according to the order
of the date of application, and, in the event of any vacancies in
the 125 licenses, qualified applicants will be given preference, based
upon the date of the order of application.
[Amended 2-1-1989 by Ord. No. 2-1989; 11-25-2008 by Ord. No.
104-2008]
A.
Any person violating any of the provisions of this article shall,
upon conviction in the Municipal Court of the City of Atlantic City,
be punished for each offense by a fine not to exceed $2,000 or by
imprisonment for any term not exceeding 90 days in the county jail
or in any place provided by the municipality for the detention of
prisoners, or both. The Municipal Court Judge before whom any person
is convicted of violating this article shall have power to impose
any fine or term of imprisonment not exceeding the maximum fixed in
this article.
B.
Any person who aids, assists or abets in the violation of any of
the provisions of this article shall be subject to the penalties herein
provided for.
