As used in this article, the following terms shall have the meanings indicated:
- Any person who travels from place to place, street to street or from house to house to convey or transport goods, articles or property of any kind or description for the purpose of offering for sale, selling and delivering the same to customers, and shall include the words "hawker" and "huckster."
- TRANSIENT MERCHANT
- Any person who merchandises or sells with the intent to close out or discontinue a business within a period of one year from the date of commencement and occupies a room, building or other permanently constructed premises for the purpose of selling merchandise. The words "transient merchant" shall include the phrase "itinerant vendor."
Under this article, it shall be unlawful for any applicant or licensee to misrepresent the character or quality of any merchandise offered for sale and to importune or otherwise annoy any person for the purpose of effecting or inducing a purchase.
No person, whether or not licensed under the terms or provisions of this article, shall scatter, throw or deposit any garbage, handbills, advertisements, circulars or other printed matter in and about the street, sidewalks, parks and public places within the City or upon the premises of any resident or property owner.
The use of any sound system upon any vehicle, including but not limited to bells, horns or musical playing devices used to attract patrons, is not permitted while any such vehicle is stopped or standing. Any sound device may only be used for a short period of time, not to exceed two minutes of continual playing.
No person under this article shall stand or park for a period longer than 15 minutes on any public street on any one day.
Licensees shall carry their license on their person while engaged in the business licensed. Every person peddling in the City of East Orange shall have their photograph affixed to the license, which shall be exhibited to any City official on request.
Licensees shall operate between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday.
No peddler or transient merchant, as defined herein, shall engage in such business within the City of East Orange without first obtaining a license, in compliance with the provisions of this article.
An application for license shall be made on forms provided by the Tax Collector and contain the following information:
The applicant's name, permanent address, local business address (if different from permanent address) and telephone number.
The name and address of the applicant's business.
A description of the items to be offered for sale.
Two forms of photo identification.
A copy of the applicant's social security card.
Three reliable references, not related to the applicant, who will certify as to the applicant's good character and business responsibility.
A statement as to whether the applicant has been convicted of any crime, disorderly persons offense or fraud, or a violation of any ordinance enacted in other municipalities with regard to peddling, solicitation or transient merchandising, when and where the offense(s) occurred and the penalty imposed, if any.
A list of the municipalities in which the applicant or his or her employer has conducted the business for the six months prior to the date of the application.
A statement setting forth any complaints that have been made against the applicant or his or her employer by customers in this City or elsewhere and the nature of said complaints.
A letter, attached to the application, from the firm for which the applicant purports to work authorizing the applicant to act as its agent, employee or representative.
For transient merchants:
The applicant's name, permanent address, local address (if any) and telephone number.
A description of the nature of the business or activity, including the quantity and value of the merchandise to be sold.
The applicant's photo identification, which the Tax Collector will photocopy and attach to the application.
The days during which the business is to be conducted.
A statement as to whether or not the applicant has been convicted of any crime, disorderly persons offense or petty disorderly persons offense involving deceptive business practices or fraud, or a violation of any ordinance enacted in other municipalities with regard to peddling, solicitation or transient merchandising, when and where the offense(s) occurred and the penalty imposed, if any.
A bond in accordance with N.J.S.A. 45:24-5 in an amount equal to 25% of the value of the personal property shown in the disclosures required by Subsection B(2) above but in no event less than $1,000. The bond shall be in effect for a period of one year from the date of license issuance and shall indemnify and pay the City of East Orange any penalties or costs incurred in the enforcement of this section and the purchaser of personal property a sum equal to at least the amount of any payment such purchaser may have been induced to make through the misrepresentation of the applicant, its agents, servants or employees. The bond shall be in a form approved by the City.
An instrument in accordance with N.J.S.A. 45:24-6 appointing the Clerk as the applicant's true and lawful agent.
If the applicant is an agent, employee or representative, he or she shall attach to the application a letter from the person or organization for whom the applicant works or represents, authorizing the applicant to act as its agent, employee or representative and assuming responsibility for the applicant's conduct.
All transient merchants are subject to the statutory requirements set forth in N.J.S.A. 45:24-1 et seq., and shall be subject to the penalties set forth therein in the event of a failure to comply with any of said requirements.
All applicants shall submit a copy of a valid certificate of authority issued by the Director of the New Jersey Division of Taxation, pursuant to N.J.S.A. 54:32B-15, empowering the applicant to collect sales tax. Certificates shall not be required for the sale of property exempted from sales and use taxation pursuant to N.J.S.A. 54:32B-8.2. The licensee shall prominently display the original certificate at his or her place of business as may be authorized by the license, as required by N.J.S.A. 54:32B-15.
All applicants selling food items for immediate consumption shall submit a copy of the Board of Health license.
If applicable, no license shall be issued by City until the items to sold have been inspected or approved by the Board of Health of the City. A license shall be subject to revocation for failing to comply with any ordinances or regulations promulgated by the Board of Health.
The license requirements under this article shall not affect any person who:
Was honorably discharged from the military of the United States as defined by N.J.S.A. 45:24-9 and N.J.S.A. 24-10, possessing corresponding identification in conformity with said statute;
Conducts a sale pursuant to a state statute or court order;
Engages in the delivery of goods, wares or merchandise in the regular course of business to the premises of persons ordering or entitled to receive same;
Is an employee of any public utility which is subject to regulation by the Board of Public Utility Commissioners of the State of New Jersey when carrying an identification card, badge or insignia issued by such a public utility;
Works as an employee, representative or agent of a life insurance company;
Intends to distribute noncommercial or not-for-profit handbills, pamphlets, leaflets, circulars, advertisements or printed material;
Campaigns for any elected public office or public question, which is to be voted on in the City; at a general, special, primary or school board election, or in a national or state election; distributing handbills, pamphlets, leaflets, circulars, advertisements or printed material with respect thereto; or otherwise engaging in political speech;
Engages in the advocacy of noncommercial or not-for-profit causes, whether or not in connection with a larger organization, or engaging in spontaneous speech, including, but not limited, to speech between neighbors.
All licenses shall expire pursuant to the applicable provision(s) under Chapter 170, Licenses and Fees, regardless of the month the license was granted by the City.
All fees shall be paid to the Tax Collector at the time of completing the application.
All licenses under this article shall not be transferable to any other person.
The City may refuse to issue or renew and revoke or suspend a license as set forth under Chapter 170, Licenses and Fees. A peddler's license shall be subject to revocation, after notice and hearing, as set forth in Chapter 170, Licenses and Fees, for any one of the following reasons:
Fraud, misrepresentation or false statements contained in the application for a peddler's license.
Fraud, misrepresentation or false statements made in the course of carrying on the business as a peddler.
Conducting business of a peddler in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the public health, safety or general welfare.
Violating any provision under this article or applicable state laws.