For purposes of this chapter, any person shall
be deemed to be engaging in business, and therefore subject to the
provisions of this chapter, when he does any one act of:
A.
Selling of goods or services;
B.
Soliciting business or offering goods or services
for sale or hire;
C.
Acquiring or using any vehicle, machine or device
or any premises or portion thereof in the City of Northfield for business
purposes; or
D.
Distributing handbills, flyers or offering free samples
or free services as inducement for present or future sales.
All agents, servants, employees or other representatives
of corporations, partnerships, resident or nonresident individual
natural persons, joint ventures, societies, associations, clubs, trustees,
trusts or unincorporated groups shall be personally responsible for
compliance with this chapter by their principals and by the businesses
they represent.
As used in this chapter, the following terms
shall have the meanings indicated:
Used in both the singular and plural sense, and is meant
to include all kinds of vocations, occupations, professions and enterprises,
establishments and all other kinds of activities and matters, together
with all devices, machines, vehicles, appurtenances and property used
therein, any of which are conducted for private profit or benefit,
either directly or indirectly, on any premises within the City of
Northfield.
Any automatic vending machine used for the sale of cigarettes,
cigars, tobacco and/or matches and controlled by the insertion of
a coin, coins or token.
Includes any printed or written matter, any
sample or device, dodger, circular, leaflet, pamphlet, paper, booklet
or any printed or otherwise reproduced original or copies of any matter
or literature which:
Advertises for sale any merchandise, product,
commodity or thing; or
Directs attention to any business or mercantile
or commercial establishments or other activity for the purpose of
either directly or indirectly promoting the interest thereof by sale
or purchase; or
Directs attention to or advertises any show,
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 the private benefit
and gain of any person so engaged as advertiser or distributor; and
Is not distributed on a regular basis.
Shall not include any newspaper of general circulation,
as defined by general law, or any periodical or current magazine regularly
published with not less than four issues a year and sold to the public.
"Commercial handbill" shall also not include any such advertisement
which is distributed as part of any newspaper of general circulation
or any periodical or current magazine regularly published with not
less than four issues a year and sold to the public.
A sale held out in such a manner as to reasonably cause the
public to believe that this sale will offer for purchase goods damaged
or altered by fire, smoke or water, which goods were on the premises
at the time of the fire or casualty, or which would also be held out
for sale in such a manner as to reasonably cause the public to believe
that the sale will offer goods which were on the premises at the time
of the fire or other casualty but were not damaged by such casualty.
A sale held out in such a manner as to reasonably cause the
public to believe that, upon the disposal of the stock of goods on
hand, the business will cease and be discontinued, including but not
limited to the following sales: adjuster's, adjustments, alterations,
assignee's, bankrupt's, benefit of administrators, benefit of creditors,
benefit of trustees, building coming down, closing, creditor's end,
executor's final days, force-out, forced out of business, insolvent's
last days, expiration of lease, liquidation, loss of lease or mortgage
sale, receivers', trustees', and quitting business.
Includes any person engaged in distributing commercial and
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 within the City of Northfield.
This section shall not prohibit the sale of newspapers regularly published,
through newsboys, newsmen or from news store premises within the City
of Northfield. The sale of newspapers from vending machines is separately
covered under the definition of "vending machine" in this section
of this chapter.
Any music vending machine, contrivance or device which, upon
insertion of a coin, slug, token, plate, disc or key into any slot,
crevice or any opening, or upon 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 insertion of a coin, slug, token, plate, disc or key,
may be operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score. It shall include
but not be limited to such devices as pinball machines, skillball,
mechanical grab machines, games of skill, computerized game for one
or more players, horoscope machines, marble machines and all games,
operations or transactions similar thereto under whatever name they
may be included.
The City Clerk or such other person authorized by resolution
of the Council to perform the function of the Mercantile Tax Collector.
Includes any printed matter and 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 definition of "commercial
handbill" set forth above. "Noncommercial handbill" shall not include
any advertisement or printed matter circulated within any newspaper
of general circulation or within any periodical or current magazine
regularly published with not less than four issues a year and sold
to the public.
Any person traveling by foot, wagon, automotive vehicle or
other type of conveyance from place to place, from house to house
or from street to street carrying, conveying or transporting goods,
wares, foods, liquids, merchandise, meats, fish, vegetables, fruits,
garden truck, farm products or provisions, ice cream, fruit-flavored
ices, soda waters, sandwiches, prepared foods or any other such goods
or provisions, offering and exposing the same for sale or making sales
and delivering articles to purchasers, or any 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 be meant to include "hawkers" and "hucksters."
Includes individual natural persons, partnerships, joint
ventures, societies, associations, clubs, trustees, trusts, corporations
or unincorporated groups; any officers, agents, employees, servants,
factors or any kind of personal representative of any thereof in any
capacity, acting either for himself or for any other person either
under personal appointment or pursuant to law.
Includes 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.
The sale, barter, exchange or the supply of any new or used
furniture, sporting goods, fixtures, vehicles, equipment, food, clothing,
metal, glass, paper, rubber, synthetics, household goods or rummage,
conducted upon private premises and conducted by persons employed
for such specific purpose, whether compensated or not.
Any dwelling house, building or other structure designed
or used, wholly or in part, for private residential purposes, whether
inhabited or temporarily or continuously uninhabited or vacant, and
shall include any yard, grounds, walk, driveway, porch, garage, steps
or vestibule belonging to or appurtenant to such dwelling, house or
other structure.
The sale, barter, exchange or display of any new or used
furniture, sporting goods, fixtures, vehicles, equipment, food, clothing,
metal, glass, paper, rubber, synthetics, household goods, luggage
or garage sale conducted on private premises by private individuals
owning or having equitable interest in the property on which the sale
is conducted.
A sale held out in such a manner as to reasonably cause the
public to believe that this is a sale not in the ordinary course of
business and is a sale conducted for the purpose of reducing or disposing
of stock of goods on hand in anticipation of rebuilding and/or remodeling
of the premises. This sale is meant to be distinguishable from a going
out of business sale in that the seller does not represent to the
public that upon final disposal of the stock of goods on hand the
business will cease and is meant to be distinguishable from a sale
in the ordinary course of business in that it is a sale for a specific
and limited purpose of reducing inventory in anticipation of rebuilding
and/or remodeling. A rebuilding and remodeling sale is to be distinguished
from a removal of business sale, which is separately defined within
this chapter.
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
of goods on hand and will then move to and resume business at a new
location within the City of Northfield or will then continue doing
business from one or more other locations then existing and in operation
by the same seller within the City of Northfield.
Includes a person, also known as a "canvasser," whether a
resident of the City or not, traveling either by foot, wagon, automobile,
motor truck or any other type of conveyance from place to place, from
house to house or from street to street, who takes or attempts to
take orders for sale of goods, wares, merchandise or 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 the sale and
whether or not such person collects, accepts or requests advance payment
on such sale.
A person, also known as an "itinerant merchant" or "itinerant
vendor," which person either as owner, agent, servant, employee or
consignee engages in a temporary business of selling or delivering
goods, wares and merchandise within the City of Northfield and who,
in furtherance of such purposes, hires, leases, uses or occupies any
building, structure, motor vehicle, tent, railroad box car, boat,
public room in any restaurant, hotel, lodging house, apartment, shop
or any street, alley or other public place within the City for the
exhibition and sale of such goods, wares and merchandise, either privately
or at auction. This term shall also include any individual who, operating
temporarily out of any building, structure, motor vehicle, tent, railroad
box car, boat or public room in any restaurant, hotel, lodging house,
apartment, shop or any street, alley or public place within the City,
takes or attempts to take orders for sale of goods, wares, merchandise,
personal property or services to be provided or performed in the future.
Includes any machine or device, whether automatic or not,
controlled by the insertion of a coin, coins or tokens, for the vending
of service, food, liquids, confections, goods, wares, merchandise
or articles of any type, kind or description, inclusive of, but not
limited to, beverages, confections and candies, ice, newspapers, magazines
and for the purpose of making change.
[Amended 12-13-1988 by Ord. No. 19-88[1]]
It shall be the duty of the Municipal Tax Collector
and any police officer of the City of Northfield to examine all places
of business and all persons of the City of Northfield to determine
if this chapter has been complied with and to enforce the provisions
of this chapter against any person found to be violating the same.
Further, it shall be the duty of every police officer of the City
of Northfield to require any person seen peddling, soliciting, canvassing
or distributing, and who is not known by such officer to be duly licensed,
to produce his peddler's, solicitor's, canvasser's or distributor's
license, as the case may be, and to enforce the provisions of this
chapter against any person found to be violating the same.
[Amended 12-13-1988 by Ord. No. 19-88[1]]
In addition to provisions for revocation, the Municipal Tax Collector, the Secretary of the Inspection Department, the Chief of Police, any police officer of the City of Northfield, any taxpayer or resident of the City or any other individual may make a complaint in the Municipal Court of the City of Northfield for any violation of this chapter or any article, section, subsection or provision thereof. The penalty for violation of any provision of this chapter shall be as set forth in Chapter 1, General Provisions, § 1-15.
[Amended 12-13-1988 by Ord. No. 19-88[1]]
The statement of a license fee for any business in this chapter shall not be deemed to permit such type of business in the City of Northfield or if it is excluded either specifically or by interpretation in Chapter 215, Land Use and Development, of the Code or any other ordinance of the City of Northfield.
[Amended 12-13-1988 by Ord. No. 19-88]
No license shall be required by any person for
any mere delivery in the City of Northfield of any goods purchased
or acquired in good faith from such person at his regular place of
business outside the City where no attempt by such person is shown
to exist to evade the provisions of this chapter. This provision shall
not apply, however, in any purchase made outside the City for installation
or assembly by the seller or his representatives within the City,
nor shall it apply to any person who regularly solicits business from
residents of Northfield or regularly makes deliveries within the City
of Northfield on a continuing basis.[1]
