A.
Every person
required to procure a license under the provisions of this chapter
shall submit an application for such license to the assigned municipal
employee of the Borough of Lindenwold at the Borough Hall, Lindenwold,
New Jersey, which shall be accompanied by the full amount of the fee
chargeable for the license applied for.
B.
For all new applicants or changes in ownership with a facility located in Lindenwold, an inspection is required prior to the issuance of a mercantile license. The inspection fee is as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-4, Mercantile licenses, Subsection B.
[Added 12-27-2017 by Ord.
No. 2017-19]
Said application shall be a written statement upon the forms
provided by the assigned municipal employee and shall contain the
following:
A.
Previous license history of the applicant and whether any previous
license was suspended or revoked and the reasons therefor.
[Amended 11-5-2014 by Ord. No. 2014-01]
B.
Statement that applicant is not violating Chapter 365, Zoning, of the Borough of Lindenwold. If applicant is occupying a nonconforming use, proof of date of occupancy and operation must be given.
C.
Statement that applicant is not in default under the provisions of
this chapter or indebted or obligated in any manner to the Borough
of Lindenwold, except for current taxes.
D.
Such other facts relative to the general personal history of the
applicant, or its officers and managers if said applicant is not an
individual, as to enable the assigned municipal employee to make a
fair determination of the eligibility of the applicant.
[Amended 11-5-2014 by Ord. No. 2014-01]
E.
Name of person to whom license will be issued and his residence address.
If applicant is not an individual, then the names, positions and residence
addresses of all officers and managers of the applicant.
F.
The premises at which the business is to be carried on and the name
and address of the owner of said premises.
G.
If applicant is a tenant, a letter from the landlord granting permission
for said business, and proof of compliance with public health statutes,
codes and licensing of the State of New Jersey and county authorities
such as but not limited to barber shop license, beauty/nail salon,
contractors, etc.
[Amended 5-10-2017 by Ord. No. 2017-07]
In addition to the requirements of § 199-10 preceding, persons applying for licenses as transient merchants, itinerant merchants, itinerant vendors, peddlers, solicitors, canvassers or handbill distributors shall furnish this further information on their respective applications or attach the same thereto:
A.
A listing of all misdemeanors, felonies or violations of any municipal
ordinances for which the applicant has been convicted, the nature
of the offense and the punishment assessed therefor. If the applicant
is not an individual, these provisions shall apply to its officers
and managers.
B.
The fingerprints of the person or persons having the management or
supervision of the applicant's business.
C.
The place or places in the Borough of Lindenwold where applicant
proposes to carry on business, peddle, solicit, canvass or distribute
and the dates he proposes to do so. Hours shall be limited to 10:00
a.m. and 6:00 p.m.
[Amended 5-10-2017 by Ord. No. 2017-07]
D.
The place or places within or without the Borough of Lindenwold where
the applicant within two years next preceding the date of said application
did carry on business, peddle, solicit, canvass or distribute.
E.
A statement of the nature, character and quality of the goods, wares
or merchandise to be sold or offered for sale, where manufactured
and located, and the proposed method of delivery.
F.
A brief statement of the nature and character of the advertising
done and proposed to be done in order to attract customers.
G.
Credentials from the person, firm or corporation for which the applicant
proposes to do business, authorizing the applicant to act as such
representative.
H.
Such other reasonable information as to the identity or character
of the person or persons having the management or supervision of the
applicant's business or the method or plan of doing such business
as the assigned municipal employee may deem proper to fulfill the
purposes of this chapter in the protection of the public good.
I.
Three photographs of the applicant taken within 30 days immediately
prior to the date of the filing of the application, which picture
shall be two inches by two inches, showing the head and shoulders
of the applicant in a clear and distinguishing manner.
J.
If a vehicle is to be used, a description of the same, together with
the license registration number or other means of identification and
proof of insurance.
A.
The sellers of any food products from a motor vehicle within the
Borough of Lindenwold shall be subject to the requirements of this
section.
B.
Persons covered by this section shall be required to obtain a mercantile
license from the Borough prior to engaging in any commercial activity
within the Borough.
C.
The mercantile license shall be issued to a qualifying individual
by the assigned municipal employee following the submission of an
application, payment of the appropriate fee and a clean background
investigation.
D.
No mercantile license shall be issued to an individual not legally
residing in the United States or who has been convicted of a crime
of moral turpitude or who does not have valid driving privileges in
the State of New Jersey.
E.
The applicant for a mercantile license must, as part of the application,
provide proof of insurance on the vehicle to be used by the applicant
with a minimum coverage of $100,000 per person and $200,000 per incident
and copy of New Jersey vehicle registration.
[Amended 5-10-2017 by Ord. No. 2017-07]
F.
Every applicant for a mercantile license hereunder shall set forth
the full name and address of the applicant, his or her date of birth,
whether or not he or she is a legal resident of the United States,
and whether or not he or she has ever been convicted of a crime and,
if so, the crime convicted of, the place and date of conviction and
the punishment thereof. Such applicant shall provide a valid driver's
license from the State of New Jersey. Each applicant shall, at the
time of filing the application, report to the Borough Police Department
to obtain the paperwork required for fingerprinting by the state-recommended
vendor. The applicant must consent to his fingerprints being used
for any appropriate background investigation.
G.
If the mercantile license is issued, the assigned municipal employee
shall issue a permit card in evidence thereof setting forth the number
of the license and the name, address and date of birth of the license
holder. The permit card shall be signed by the Code Enforcement Officer
and at all times of operation shall be conspicuously displayed in
the vehicle used for the permitted activities.
[Amended 11-5-2014 by Ord. No. 2014-01]
H.
Provide proof of Camden County Board of Health Inspection.
[Added 5-10-2017 by Ord.
No. 2017-07]
[Amended 11-5-2014 by Ord. No. 2014-01]
Any person applying for a mercantile license pursuant to § 199-11 as a transient merchant, itinerant merchant, itinerant vendor, peddler, solicitor, canvasser or handbill distributor is subject to a penalty for failure to comply with any of the provisions. Partial compliance is not sufficient, and the Borough will exact a penalty as prescribed in § 199-33 and/or prohibit the person from obtaining a mercantile license. The Borough shall have the authority to suspend business operations for the failure to comply.
No license or renewal thereof shall be issued to a person not
of good moral character. If the applicant is not an individual, these
provisions shall apply to its officers and managers.
Upon request of the assigned municipal employee, the Chief of
Police shall ascertain if the applicant has any criminal record and
report in writing affirmatively or negatively after receipt of fingerprint
results, indicating in his report his approval or disapproval of the
granting of a license and giving his reason therefor.
After submission of the application and the required fees to
the assigned municipal employee, said officer shall make any investigation
necessary and shall indicate his written approval or disapproval of
the license application within 30 days after the application is filed
with the assigned municipal employee. If approved, the license shall
issue forthwith in the name of the assigned municipal employee. If
disapproved, the Municipal Compliance Officer or the assigned municipal
employee shall forthwith notify the applicant in writing of such disapproval
and the reasons therefor, and the applicant shall have 10 days from
receipt of notice of disapproval to appeal from the decision of the
Municipal Compliance Officer or the assigned municipal employee to
the Borough Council of the Borough of Lindenwold, which after due
hearing can affirm or reverse the decision of the Municipal Compliance
Officer or assigned municipal employee.
Applications for renewal or transfer of a license shall follow
the same procedure as is outlined in the preceding sections for an
original application.
Before any mercantile license as provided for by this chapter
shall be issued for a transient merchant, itinerant merchant, itinerant
vendor, peddler, solicitor, canvasser or handbill distributor, the
applicant for said mercantile license shall file with the Borough
Clerk of the Borough of Lindenwold a bond running to the Borough of
Lindenwold in the sum of $2,000, executed by the applicant as principal
and a surety company licensed to do business in the State of New Jersey
as surety, which bond is to be approved as to form by the Borough
Solicitor and conditioned as follows:
A.
Applicant shall comply fully with all the provisions of this chapter
of the Borough of Lindenwold and the statutes of the State of New
Jersey respecting the applicant's business.
B.
Provide for payment of all judgments and costs rendered against such
applicant for any violation of said chapter and statutes.
C.
Provide for payment of all judgments and costs rendered or recovered
against applicant or any of his agents, servants or employees for
damages growing out of any tort or crime committed by the applicant
or any of his agents or employees on any person in the Borough of
Lindenwold while engaged in business within the Borough and for damages
growing out of any misrepresentation or deception practiced on any
persons transacting such business with such applicant, whether such
misrepresentations or deceptions were made or practiced by the applicant
or by his servant, agent or employee, either at the time of making
the sale or through any advertisement of any character whatsoever
printed or circulated with reference to the goods, wares and merchandise
sold or any part thereof.
D.
Provide that all money paid as a down payment will be accounted for
and applied according to the representation of the applicant or his
agents, servants or employees, and further guarantee to any citizen
or resident of the Borough of Lindenwold doing business with the said
applicant or his servants, agents or employees that the property purchased
will be delivered according to the representation of the applicant
or his agents, servants or employees.
[Amended 11-5-2014 by Ord. No. 2014-01; 5-10-2017 by Ord. No. 2017-07]
Any resident of the Borough of Lindenwold is permitted to conduct two yard or garage sales on his or her own property during the course of the year without applying for a license to conduct same. In the event that any resident wishes to conduct more than two such sales, it shall be necessary for said resident to apply for a permit for each sale and pay a fee as prescribed in Chapter 150, Fees, Article I, Fee Schedule. The number of yard sales are not to exceed four per calendar year. All items must be removed at the end of the day of the sale.
[Added 3-23-2022 by Ord.
No. 2022-05]
A.
Anyone operating a limousine or other type of transportation service
other than a registered taxicab within the Borough of Lindenwold shall
be subject to the requirements of this section.
B.
Persons covered by this section shall be required to obtain a mercantile
license from the Borough prior to engaging in any commercial activity
within the Borough.
C.
The mercantile license shall be issued to a qualifying individual
by the assigned municipal employee following the submission of an
application, payment of the appropriate fee and a clean background
investigation.
D.
No mercantile license shall be issued to an individual not legally
residing in the United States or who has been convicted of a crime
of moral turpitude or who does not have valid driving privileges in
the State of New Jersey.
E.
The applicant for a mercantile license must, as part of the application,
provide proof of business and vehicle(s) licensed for transportation
with the State of New Jersey and must have completed all guidelines
under N.J.S.A. 48:16-22, including proof of insurance on the vehicle(s)
to be used by the applicant with a minimum liability coverage of $1,500,000
listing the Borough of Lindenwold as certificate holder, along with
a copy of a valid New Jersey vehicle(s) registration and licensed
for transportation by the State of New Jersey.
F.
Every applicant for a mercantile license hereunder shall set forth
the full name and address of the applicant, his or her date of birth,
whether or not he or she is a legal resident of the United States,
and whether or not he or she has ever been convicted of a crime and,
if so, the crime convicted of, the place and date of conviction and
the punishment thereof. Such applicant shall provide a valid driver's
license from the State of New Jersey. This section also applies to
any other person who will be operating a vehicle for applicant. Each
applicant/operator(s) shall, at the time of filing the application,
report to the Borough Police Department to obtain the paperwork required
for fingerprinting by the state-recommended vendor. The applicant
must consent to his or her fingerprints being used for any appropriate
background investigation and drug testing as defined by N.J.S.A. 2C:35-2
of the Comprehensive Drug Reform Act of 1987.
G.
If the mercantile license is issued, the assigned municipal employee
shall issue a permit card in evidence thereof setting forth the number
of the license and the name, address and date of birth of the license
holder. The permit card shall be signed by the Code Enforcement Officer
or designee and at all times of operation shall be conspicuously displayed
in the vehicle used for the permitted activities.
H.
If the location of the business is operating in an area designated
as "residential," the applicant may be required to submit an application
to the Joint Land Use Board.
