[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.
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.
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.
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.
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.
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)
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]
[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.
