[R.O. 1957, 6:16-1]
Means and includes any person, principal or agent, who engages
in a merchandising business with intent to close out or discontinue
the business within a period of one (1) year from the date of commencement,
and including those persons 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 goods, wares and merchandise.
No person shall engage in the business of a transient merchant
or itinerant vendor without first obtaining a license as provided
by this article.
[1]
State law reference: As to City's power to license, see N.J.S.A.
40:52-1(c). Cross reference: As to fees, see Article 17 of this chapter.
[R.O. 1957, 6:16-1]
Nothing in this article shall affect or apply to the sale of
fruits, vegetables and farm products, such as meat, poultry, butter
and eggs, provided such sale is permitted under the existing regulations
of the Division of Health.
[R.O. 1957, 6:16-2]
All transient merchants or itinerant vendors, before offering
for sale goods, merchandise or bankrupt stock, shall make, under oath,
a written declaration to the Superintendent of the License Bureau
which shall set forth and disclose the following:
(a)
The number of days they propose to engage in business;
(b)
A specific statement as to the location of the goods, wares, merchandise
or bankrupt stock by street and number;
(c)
A statement as to whether the goods are on the premises from which
they are to be sold or in a warehouse or storage;
(d)
The names and residences of the owners or persons in whose name the
sale is conducted;
(e)
An accurate estimate of the average quantity, kind and value of the
goods intended or exposed for sale; and,
(f)
The names and post office addresses of the persons from whom the
goods were or are to be purchased.
(b)
The Mayor may limit, with the approval of the Council, the number
of licenses to be granted.
(c)
Any license issued under this article shall be valid only for those
places named and specified in the application and license.
(d)
A separate license shall be obtained for each branch establishment
or separate place of business in which the trade, following, profession
or occupation of transient merchant or itinerant vendor is to be carried
on.
(e)
Any license issued under this section shall not be transferred from
an itinerant merchant to any other person.
[R.O. 1957, 6:16-3]
[R.O. 1957, 6:16-5]
(a)
Before a transient merchant or itinerant vendor license shall issue,
the applicant shall execute and deliver to the City a good and sufficient
bond with good and sufficient surety or sureties.
(b)
The bond shall be approved by the Corporation Counsel as to form
and by the Director of the Administration and Finance Division as
to amount; the bond shall be equal in amount to twenty-five percent
(25%) of the value of the goods, wares, merchandise or bankrupt stock
as shown on the application. In no event shall the bond be less than
One Thousand Dollars ($1,000.00). The Director of Administration and
Finance in arriving at the valuation of the goods for the purposes
of this section may require the submission of the bills or invoices
of such goods, wares, merchandise or bankrupt stock.
(c)
The bond, which shall remain in force for one (1) year, shall be
conditioned to indemnify and pay the City any penalties or costs incurred
in the enforcement of this article.
(d)
The bond, by its terms, shall be conditioned to indemnify or reimburse
any purchaser of the goods in a sum equal to the amount of any payment
the purchaser may have been induced to make, through misrepresentation
as to the kind, quality or value of the goods, or any part thereof.
(e)
The above condition applies whether the misrepresentations were made
by the owners or their servants, agents or employees at the time of
making the sale or through any advertisement of any character, printed
or circulated with reference to the goods, wares, merchandise or bankrupt
stock, or any part thereof.
(a)
Along with the required bond, the applicant shall file a written
instrument with the City nominating and appointing the Clerk as his
true and lawful agent with full power and authority to acknowledge
service or notice of process on the applicant's behalf.
(b)
The Clerk shall act as the applicant's agent for service of process
only in respect to matters connected with or arising out of the required
license and bond or for the performance of the conditions of the bond
or any breach thereof.
(c)
The written instrument shall contain recitals to the effect that:
(1)
The applicant consents and agrees that service or any notice
of process may be made on such agent;
(2)
The service on the agent shall be taken and held to be valid
as if personally served on the applicant under this State's or any
other States' laws; and,
(3)
The applicant waives all claim or right of error by reason of
the acknowledgement of service or manner of service.
(d)
Immediately upon service of process upon the Clerk as herein provided,
the Clerk shall send to the licensee at his last known address by
registered mail a copy of the notice of process.
