As used in this chapter, the following terms
shall have the meanings indicated:
All kinds of vocations, occupations, enterprises, establishments
and all other kinds of activities and matters, together with all devices,
machines, vehicles and appurtenances used therein, any of which are
conducted for private profit or benefit, either directly or indirectly,
on any premises in the Borough of Alpha, as set forth in N.J.S.A.
40:52-1, and the acts amendatory thereof and supplemental thereto.
Any person traveling either by foot, wagon, automobile, motortruck
or any other type of conveyance from place to place, from house to
house or from street to street, taking or attempting to take orders
for the sale of goods, wares and merchandise, personal property of
any nature whatsoever for future delivery, or for services to be furnished
or performed in the future, whether or not such person has, carries
or exposes for sale a sample of the subject of such sale, or whether
or not such person is collecting advance payments on such sales. Further,
these terms shall include any person who hires, leases, uses or occupies
any building, structure, boxcar, boat, hotel room, lodging house,
apartment, shop or any other place within the Borough of Alpha for
the sole purpose of exhibiting samples and taking orders for future
delivery.[1]
The first instance when a business communicates with the
public either by sign, flyer, advertisement or any other form of communication
whether electronic, verbal or printed that the business entity has
a product or service available while located within the Borough limits.
[Added 2-25-2014 by Ord. No. 2014-02]
Any printed or written matter, any sample or
device, dodger, circular, leaflet, pamphlet, paper, booklet or any
other printed or otherwise reproduced original or copies of any matter
or literature which:
Advertises for sale any merchandise, product,
commodity or thing;
Directs attention to any business or mercantile
or commercial establishment or other activity for the purpose of either
directly or indirectly promoting the interests thereof by sale;
Directs attention to or advertises any show,
theatrical performance, exhibition or event of any kind for which
an admission fee is charged for the purpose of private gain or profit;
or
While containing reading matter other than advertising
matter, is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for private benefit and
gain of any person so engaged as advertiser or distributor.
The aforegoing definition of "commercial handbill"
shall not include any newspaper of general circulation, as defined
by general law, or any religious handbook, magazine, newspaper or
periodical.
A sale held out in such a manner as to reasonably cause the
public to believe that the sale will offer goods damaged or altered
by fire, smoke, water or other means.
A sale held in such a manner as to reasonably cause the public
to believe that, upon the disposal of the stock and goods on hand,
the business will cease and be discontinued, including but not limited
to the following sales: adjuster's; adjustments; alterations; assignee's;
bankruptcy; benefit of administrator; benefit of creditors'; benefit
of trustee; building coming down; closing; creditors' committee; creditors'
end; executor's; final days; forced out; forced out of business; insolvents';
last days; lease expires; liquidation; loss of lease; mortgage sales;
receiver's; trustee's; quitting business.
Any person engaged in distributing commercial or noncommercial
handbills, other than newspapers distributed to subscribers thereof,
for himself or any other person, upon any of the public and private
streets, places and premises, other than his own premises, in the
Borough of Alpha. This definition shall not prohibit sale of newspapers,
regularly published, through newsboys, newsmen or from newsstore premises
in the Borough of Alpha.
Any tag, plate, badge, emblem, sticker or any other kind
of device which may be required for any use in connection with any
license.
Any music-vending machine, contrivance or device which, upon
the insertion of a coin, slug, token, plate, disc or key into any
slot, crevice or other opening or by the payment of any price operates
or may be operated for the emission of songs, music or similar amusement.
Any machine, operated mechanically, electrically or otherwise,
which, upon the insertion of a coin, slug, token, plate or disc, may
be operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score. It shall include
such devices as marble machines, pinball machines, skill ball, mechanical
grab machines and all games, operations or transactions similar thereto
under whatever name they may be included.
Any printed matter or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, magazine, paper, booklet or any
other printed or otherwise reproduced original or copies of any letter
or literature not included in the aforesaid definition of a commercial
handbill. The aforegoing definition of "noncommercial handbill" shall
not include any newspaper of general circulation as defined by general
law, or any religious handbook, magazine, newspaper or periodical.
Any person traveling by foot, wagon, automotive vehicle or
any other type of conveyance from place to place, from house to house
or from street to street, carrying, conveying or transporting goods,
wares, food, liquids, merchandise, meats, fish, vegetables, fruits,
garden truck, farm products or provisions, offering and exposing the
same for sale, or making sales and delivering articles to purchasers,
or who, without traveling from place to place, shall sell or offer
the same for sale from a wagon, automotive vehicle or other vehicle
or conveyance, or a person who solicits orders and as a separate transaction
makes deliveries to purchasers as part of a scheme or design to evade
the provisions of this chapter. The term "peddler" shall include the
words "hawker" and "huckster."
Individual natural persons, partnerships, joint ventures,
societies, associations, clubs, trustees, trusts, corporations or
unincorporated groups, or any officers, agents, employees, servants,
factors or any kind of personal representatives of any thereof, in
any capacity, acting either for themselves or for any other person
under either personal appointment or pursuant to law.
All land, structures, places and also the equipment and appurtenances
connected or used therewith in any business, and also any personal
property which is either affixed to or is otherwise used in connection
with any such business conducted on such premises.
A sale held out in such a manner as to reasonably cause the
public to believe that the person conducting the sale will cease and
discontinue business at the place of sale upon disposal of the stock
and goods on hand and then move to and resume business at a new location
within the Borough of Alpha or will then continue business from other
existing locations in said Borough.
Any person, whether as owner, agent, servant, employee or
consignee, who engages in a temporary business of selling and delivering
goods, wares and merchandise within the Borough of Alpha and who,
in furtherance of such purposes, hires, leases, uses or occupies any
building, structure, motor vehicle or boat, public rooms in hotels,
lodging houses, apartments, shops or any street, alley or other public
place within the Borough for the exhibition and sale of such goods,
wares and merchandise, either privately or at public auction.
Any machine, device, apparatus or thing in or on which passengers,
baggage, merchandise and goods and chattels of every kind are or may
be transported, carried or conveyed, whether such transportation,
carriage or conveyance be on the land, water or in the air.
Any machine or device, whether automatic or not, controlled
by the insertion of a coin or coins for the vending or service of
food, liquids, confections, goods, wares, merchandise or articles
of any type, kind or description.
[1]
Editor's Note: The definition of “cigarette
vending machine,” which previously followed this definition,
was repealed 6-22-2004 by Ord. No. 04-16.
