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Borough of Roosevelt, NJ
Monmouth County
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Table of Contents
Table of Contents
[Adopted 1-9-1957 by Ord. No. 50]
This section shall be known and may be cited as an ordinance for the Regulating and Licensing of Canvassers and Businesses and Vending Machines.
BUSINESS
Shall mean and includes all kinds of vocations, supply services, occupations and professions, enterprises, stores, establishments and all other kinds of activities and matters together with all devices, machines, vehicles and appurtenances used therein and any of which are conducted for private profit or benefit, either directly or indirectly, on any premises of this Borough or anywhere else within its jurisdiction. Industrial and manufacturing enterprises are herein expected.
JUKE BOX
Shall mean apparatus for the automatic delivery or dissemination of sound and music upon the insertion of a coin in a slot, or other opening.
PEDDLER
Shall mean a person commonly referred to as a peddler or hawker, who goes from place to place by traveling on the streets or from house to house and carries with him goods, wares, and merchandise for the purpose of selling and delivering them to a consumer or consumers.
SOLICITOR
Shall mean a person selling goods by sample or taking orders for future delivery, with or without accepting an advance payment for the goods. The word solicitor shall also include any person seeking any form of contribution for other than religious, charitable or non-profit organizations and also shall include any person who shall distribute literature, posters and hand bills of any kind.
TRANSIENT MERCHANTS AND ITINERANT VENDORS
Shall mean persons, corporations or partnerships, whether principal or agent, who engage in a merchandising business in New Jersey with intent to close out or discontinue such business within one year from the date of commencement, including those 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 such goods, wares and merchandise, but nothing in this section shall be construed to affect the sale of fruits, vegetables and farm products, such as meat, poultry, butter and eggs.(N.J.S.A. 45:24-1)
VENDING MACHINE
Shall mean an apparatus for the automatic delivery of an article, or service or sound upon the insertion of a coin in a slot, or other opening.
a. 
It shall be unlawful for any business, peddler, transient merchant, or solicitor to sell or dispose of, or offer to sell or dispose of or solicit for any wares, goods, merchandise or services within the Borough of Roosevelt, without first obtaining a license and having paid the license fee therefor.
b. 
It shall be unlawful for any person, firm or corporation to install, maintain, operate or possess in any store, building where business of any character is conducted, or other place wherein the public is invited or where the public may enter, or in any building or place where any group or organization meetings are held within the Borough of Roosevelt, any machine or machines of the type commonly known as juke box, other type of music vending machine, or merchandise vending machines of all types and kinds, without first obtaining a license therefor and having paid the license fee therefor.
[New]
a. 
The requirements of this section shall be held not to include the following persons who are expressly exempt from its application.
1. 
Religious or charitable organizations, or non-profit organizations dedicated to the public welfare with a valid 501(c)(3) certification.
2. 
Any person selling fruits, vegetables and farm products grown by himself, with or without the help of others.
3. 
Any person honorably discharged from the military services of the United States who holds a license issued in conformity with N.J.S.A. 45:24-9.
4. 
Any blind person who is a resident of this Borough.
5. 
Any person, including an executor or administrator, who conducts a sale pursuant to Statute or Court Order or directions contained in a will of a decedent.
6. 
Exempt member of a volunteer fire department who holds an exemption certificate and who is a resident of this State. (N.J.S.A. 45:24-9)
a. 
Any person desiring a license to peddle, solicit or as a transient merchant, shall file with the Borough Clerk an application together with the fee stated in subsection 4-1.8, which fee shall be returned if the license is rejected. The application forms to be furnished by the Borough Clerk shall require the following information:
1. 
Name of applicant.
2. 
Permanent home address of applicant.
3. 
A photograph of applicant taken within a period not exceeding one year and not more than two inches square in size.
4. 
Name and address of firm represented.
5. 
Three business references.
6. 
Length of time for which permit is desired.
7. 
A description of the wares, literature, or matter to be distributed or offered for sale.
8. 
The number of either arrests or convictions for misdemeanors, crimes or other infractions of the law in the nature of criminal offense and the nature of the offenses for which arrested or convicted.
9. 
A letter from the firm for which he purports to work authorizing the applicant to act as its representative.
b. 
Any person desiring a license for a business shall file an application with the Borough Clerk together with the fee stated in subsection 4-1.8, which fee shall be returned if the license is rejected. The application form to be furnished by the Borough Clerk shall require the following information:
1. 
Name of the applicant.
2. 
Home address of applicant.
3. 
Name under which business will be operated.
4. 
Address of business premises.
5. 
A description of the wares or services to be offered for sale.
6. 
Zone in which business will be located as outlined in the Zoning Ordinance of the Borough of Roosevelt.
c. 
Any person desiring a license for the use, possession, operation, installation or maintenance of a juke box other type of music vending machine or any type or kind of vending machine shall file an application with the Borough Clerk together with the fee stated in subsection 4-1.8, which fee shall be returned if the license is rejected. The application forms to be furnished by the Borough Clerk shall require the following information:
1. 
Name of applicant.
2. 
Home address of applicant.
3. 
Exact location or locations where the juke box or other vending machine will be located.
4. 
Type of vending machine for which license is requested, description of types of wares to be vended.
5. 
Exact location of the store or other public place where the machine will be and the name of the store in which said vending machine will be located.
6. 
Zone in which the machine will be operated.
7. 
Such other information as will be required under regulations hereafter adopted by the Mayor and Council of the Borough of Roosevelt.
[New]
a. 
Following the filing of an application, the Borough Administrator or other officials designated by the Governing Body shall verify the information contained therein and investigate the moral character of the applicant and shall signify his approval or rejection upon the application. The Borough Administrator or other officials designated by the Governing Body shall also investigate the type of service, wares, or merchandise to be sold, peddled or solicited and shall investigate the type of vending machine for which license is requested. Upon approval and determination that the licensing of such business, peddler, solicitor or transient merchant, and the licensing of such vending machine is not inconsistent with the ordinances of the Borough of Roosevelt and the laws of the State of New Jersey, the Borough Clerk shall issue such license.
b. 
For peddlers, solicitors or transient merchants the license issued shall not authorize any person, except the designated person named in said license to engage in such peddling, soliciting and merchandising. A separate license must be obtained by a licensed peddler or solicitor for every agent or employee working for him. A separate license must be obtained by a licensed transient merchant for each branch or separate place of business in which his business is conducted and each license shall authorize the person to conduct a business only at the location which is indicated therein.
c. 
Where more than one business is conducted on or in a premises, a separate license must be obtained by each person so engaged.
d. 
A separate license shall be required for each vending machine or juke box if more than one is in or on a premises, and a separate fee shall be required for each such juke box or vending machine.
e. 
Prior to issuance of a license, transient merchants and itinerant vendors shall provide a bond as required under N.J.S.A. 45:24-5, and shall file in writing the appointment of officer as agent for service of process pursuant to N.J.S.A. 45:24-6.
a. 
Every person holding a license under this section shall display same as follows:
1. 
Any person holding a license to peddle, solicit or as a transient merchant, and for door to door canvassing, shall be required to carry the license with him at all times and in door to door canvassing or soliciting he must hand the license to the person being solicited or canvassed for his inspection at the time said license holder first approaches the individual.
2. 
Any person holding a license to conduct a business, as “business” is defined in Section 4-1.2, shall be required to keep his license on display at his place of business in a prominent place.
3. 
A license for the use, possession, installation, operation and maintenance of a juke box, other types of music vending machines and all types of vending machines, shall, at all times be publicly posted and displayed conspicuously in the immediate vicinity of the machine referred to therein. The license shall disclose the name of the manufacturer, serial number, name and post office address of the licensee, the name and post office address of the actual owner of the machine, the amount of the license fee, and in addition thereto, any facts which may be required to be stated upon the said license, and shall briefly state that the machine has been licensed by the Borough of Roosevelt for operation in the specific location where the machine is placed.
a. 
The schedule of fees for the issuance of each license shall be as follows:
1. 
Peddlers (without vehicle) $25.
2. 
Peddlers (with vehicle) $50.
3. 
Solicitors for sales $25.
4. 
Solicitors for contributions $1.
5. 
Transient merchants $25.
6. 
Solicitors for distribution of hand bills, posters and literature $1.
7. 
All business licenses in areas designated as Retail Business Zones under the Zoning Ordinance of Roosevelt Borough $2.
8. 
Business where legally and properly conducted in residential zones where permitted by law and not in violation of any ordinance of the Borough $10.
9. 
License for operation of juke box or other music vending machine $10.
10. 
License for operation of vending machines of all types excepting music vending machines and juke boxes $10.
b. 
All licenses shall terminate at 12:00 midnight on December 31 of the year in which they are issued, and shall be in force and valid only for the time therein expressed. The initial license fee shall be apportioned for the current year.
A license may be revoked by the Mayor and Borough Council by reason of violation of any Borough ordinance, State or Federal Statute, or for false statement given in the application or in the event that the licensee shall at any time be convicted of a violation of this section or any other ordinance or convicted of a crime; or if the license is for use, operation, possession, installation or maintenance of a juke box or other vending machine, said license may be revoked if, in the discretion of the Mayor and Council the machine is causing a nuisance or disturbance of the peace, or a condition which the Mayor and Council may deem to be detrimental to the welfare of the community. The licensed person must be granted a hearing by the Mayor and Council within 30 days after receipt by them of a request in writing, and provided that said request is made within 10 days from date of revocation. Said service shall be upon the Borough Clerk.
a. 
The licensee shall not permit the operation of any juke box or music vending machine between the hours of 12:00 midnight and 8:00 a.m., nor shall licensee permit such machines to cause loud and disturbing noises to be emitted therefrom and shall at all times control said sound so as not to cause disturbance and nuisance to others in the vicinity of the machine, and said licensee shall at all times place said machine so that the part of the machine from which the sounds emit shall not be within five feet of the front entrance of the place of business and shall not at any time place the said music machine so that the sound is disturbing to the public in the streets, or other persons occupying buildings in the immediate vicinity.
b. 
The Mayor and Council shall be the sole judge as to whether or not the machine is causing an annoyance to others and upon its finding that the machine does disturb others in the neighborhood the Mayor and Council in its discretion shall have the authority, by resolution to revoke the license and in that event shall rebate to the licensee the proportionate share of the license fee and thereafter such machine shall be removed from the premises.
c. 
The licensee of a juke box or other vending machine may, at any time, substitute on a machine for a similar machine without additional license fee, provided, however, that he shall first apply to the Borough Clerk for permission to make such exchange and supply all of the information herein required for the original application, and the new machine shall be described in the application and noted upon the original license issued. In the event of application to substitute, the Mayor and Council may delegate the authority to the Borough Clerk to issue such permit and substitution.
Every license issued under this section shall apply only to the person to whom issued and for the premises and location stated in the application and shall not be transferable unless such transfer is first approved by the Mayor and Council by resolution.
[New]
Any person who shall violate this section shall be subject to the penalty stated in Chapter 1, Section 1-5. In addition, violators shall be subject to the temporary suspension or absolute forfeiture of any license issued to such person under this section.
[Adopted 2-28-1955 by Ord. No. 43]
a. 
The Borough of Roosevelt hereby adopts all the benefits, rights and privileges contained in the “Raffles Licensing Law,” N.J.S.A. 5:8-50 et seq.
b. 
It shall be lawful to conduct such games of chance on the first day of the week, commonly known as Sunday, provided the license issued by the Borough so provides, as set forth in N.J.S.A. 5:8-58.
c. 
The penalty for the violation of the aforesaid shall be in accordance with N.J.S.A. 5:8-68.
[Adopted 2-28-1955 by Ord. No. 42]
a. 
The Borough of Roosevelt hereby adopts all the benefits, rights and privileges contained in the “Bingo Licensing Law,” N.J.S.A. 5:8-24 et seq.
b. 
It shall be lawful to conduct such games of chance on the first day of the week, commonly known as Sunday, provided the license issued by the Borough so provides, as set forth in N.J.S.A. 5:8-31.
c. 
The penalty for the violation of the aforesaid shall be in accordance with N.J.S.A. 5:8-41.