A.
No person, either directly or indirectly, shall engage
in or carry on any business within the City of Northfield, nor shall
any person operate or conduct a business as a transient merchant,
itinerant merchant, itinerant vendor, peddler, canvasser, solicitor
or handbill distributor, nor shall any person operate or cause to
be put into use any cigarette vending machine, jukebox, vending machine
or mechanical amusement device, nor shall any persons sell or offer
for sale any goods or thing for which a license is required by the
terms of this chapter unless a license, as herein provided for, shall
have been first obtained therefor.
B.
It shall further be unlawful for any person to aid
or assist as employee, clerk or otherwise in carrying on any such
business or operation for which a license is required by the terms
of this chapter unless such license, as herein provided for, shall
have been first obtained therefor.
C.
Moreover, it shall not be lawful for any person to
use, in connection with any business or operation for which a license
is required by the terms of this chapter, any vehicle, premises, machine
or device, in whole or in part, unless a license or permit for the
business, operation or sale is first procured and kept in effect at
all times as required by this chapter.
[Amended 12-13-1988 by Ord. No. 19-88[1]]
Every person required to procure a license under
the provisions of this chapter shall submit an application for such
license to the City Clerk of the City of Northfield at the City Hall,
Northfield, New Jersey, which application shall be accompanied by
the full amount of the fees chargeable for the license applied for.
All applications for licenses shall be made
to or through the Mercantile Tax Collector, upon forms provided by
him. The following information shall be provided upon the application
form:
A.
Full name, together with any other names, nicknames
or aliases under which the person has been known or is engaged in
business; permanent and local address of the applicant; registered
agent of all corporate applicants.
B.
Previous license history of the applicant and whether
any previous license has been revoked or suspended and, if in the
affirmative, the issuing authority of the license and the reason for
revocation or suspension.
C.
If the licensed activity is to be carried on at a
fixed location, the address and description of the premises at which
or from which the business is to be carried on, together with the
name and address of the owner of the premises. If the business is
not to be conducted out of or from a permanent premises but in the
City of Northfield, the address of the principal place of business
of the applicant; the identity of the premises at or from which the
principal place of business of the applicant is conducted and the
name and address of the owner of the premises at or from which the
principal place of business is conducted.
D.
A statement that the applicant is not violating any zoning ordinances or any other ordinance of the City of Northfield. In the event that the applicant occupies a nonconforming use under Chapter 215, Land Use and Development, the applicant shall provide proof of date of occupancy and proof of operation of the business prior to the effective date of the ordinance to establish compliance with nonconforming use as defined in Chapter 215, Land Use and Development.
E.
A statement that the applicant is not in default under
the provisions of this chapter or indebted or obligated in any manner
to the City of Northfield, except for current taxes.
F.
The name and address of the person to whom the license
will be issued, which shall include the person's residence address;
in the event that the applicant is not an individual, the names, positions
and resident addresses of all officers and managers of the applicant.
G.
If the applicant is an employee of another, the name
and address of the employer, the employer's principal type and place
of business and credentials establishing a relationship between the
employer and employee, which shall be notarized at the request of
the Mercantile Tax Collector.
H.
The days of the week and hours of the day during which
the licensed activity will be conducted.
I.
A description of the nature of the business and the
goods, property or services to be sold or supplied.
J.
Applications by partnerships shall be signed by all
partners with the information required by this section supplied in
detail as to each partner, and applications of corporations shall
have attached individual statements containing all of the information
required by this section relating to each employee or agent who shall
engage in the licensed activity and shall be signed by each such employee
or agent. With regard to partnerships, each partner shall indicate
whether he is a general or limited partner and, if a limited partner,
the nature and extent of the limitation.
K.
Appropriate evidence as to the good character and
business responsibility of the applicant so that an investigator may
properly evaluate his character and responsibility. This requirement
may be satisfied by submission of written references on behalf of
the applicant or, in the alternative, names, addresses, employers
and job capacities of individuals who are willing to act as references
on behalf of the applicant.
[Amended 9-7-1993 by Ord. No. 27-93]
In addition to the information set forth in
the preceding section, any person who shall make application for a
license as a peddler, solicitor, transient merchant, itinerant merchant,
canvasser or handbill distributor shall furnish this further information
on his or her respective application or attach same thereto. All information
shall be sworn to and notarized.
A.
A list of all misdemeanors, felonies or violations
of and municipal ordinances for which the applicant has been convicted,
the nature of the offense and the punishment assessed. If the applicant
is not an individual, this provision shall apply to its officers and
managers.
B.
The place or places in the City of Northfield where
the applicant proposes to carry on business, peddle, solicit, canvass
or distribute, and the length of time he proposes to do so.
C.
The place or places within or without the City of
Northfield where the applicant, within two years next preceding the
date of said application, has carried on business, peddled, solicited,
canvassed or distributed.
D.
A statement of the nature, character and quality of
the goods, wares or merchandise to be sold or offered for sale, the
place where the goods or property are proposed to be sold or orders
taken for the sale thereof, the place where the wares or merchandise
are manufactured or produced, the location where such goods or products
are located at the time of the filing of the application and the proposed
method of delivery.
E.
Personal identification data of the applicant and
every individual who is intended to participate in the peddling, solicitation,
vending, canvassing or distributing, each of which persons must be
licensed under the provisions of this chapter, which information shall
include height, weight, identifying marks and photographs a minimum
of two inches square and a maximum of four inches square, which photographs
shall have been taken within 30 days immediately preceding the date
of filing of the application and which shall show the head and shoulders
of the applicant in a clear and distinguishing manner.
F.
A brief statement of the nature and character of the
advertising done or proposed to be done in order to attract customers.
G.
Credentials from the person, firm or corporation for
whom or which the applicant proposes to do business, authorizing the
applicant to act as such representative.
H.
Such other reasonable information as to the identity
or character of the person or persons having the management or supervision
of the applicant's business or the method or plan of doing such business
as the Mercantile Tax Collector may deem proper to fulfill the purposes
of this chapter for the protection of the public good.
I.
A statement from a reputable physician with a license
to practice medicine within the State of New Jersey, dated not in
excess of seven days prior to submission of the application, certifying
the applicant to be free of infectious, contagious or communicable
diseases.
A.
Bond requirement in certain instances. If, a license is issued, as
provided for by this chapter, to a transient merchant, itinerant merchant,
itinerant vendor, peddler, solicitor, canvasser or handbill distributor,
the licensee shall file with the City Clerk of the City of Northfield
a bond running to the City of Northfield in the sum of $5,000, executed
by the licensee as principal with a surety company licensed to do
business in the State of New Jersey as surety, which bond is to be
approved as to form by the City Solicitor in the following instances:
(1)
A judgment(s) or costs are rendered or recovered against the licensee
and/or any of the licensee's agents, servants or employees, for the
violation of any ordinances (including all provisions of said ordinances)
of the City of Northfield and statutes of the State of New Jersey
with respect to the licensee's business while engaged in business
within the City; and/or
(2)
A judgment(s) or costs are rendered or recovered against the licensee
and/or any of the licensee's agents, servants or employees, for damages
growing out of any tort or crime committed by the licensee and/or
any of the licensee's agents, servants or employees on any person
in the City of Northfield while engaged in business within the City;
and/or
(3)
A judgment(s) or costs are rendered or recovered against the licensee
and/or any of the licensee's agents, servants or employees, for damages
growing out of any misrepresentation or deception practiced on any
person transacting such business with the licensee and/or any of the
licensee's agents, servants or employees in the City of Northfield
while engaged in business within the City, whether such misrepresentations
or deceptions were made or practiced by the licensee or by the licensee's
agents, servants or employees either at the time of making the sale
or through any advertisement of any character whatsoever, printed
or circulated with reference to the goods, wares and merchandise sold
or any part thereof.
B.
Required conditions of bond. Any bond required pursuant to this section
shall be approved as to form by the City Solicitor and shall be conditioned
as follows:
(1)
The licensee and all of the licensee's agents, servants or employees
shall comply fully with all the provisions of the ordinances of the
City of Northfield and statutes of the State of New Jersey respecting
the licensee's business.
(2)
The licensee shall provide for payment of all judgments and costs
rendered or recovered against such licensee and/or any of the licensee's
agents, servants or employees, for any violation of any of the provisions
of the ordinances of the City of Northfield and statutes of the State
of New Jersey respecting the licensee's business while engaged in
business within the City.
(3)
The licensee shall provide for payment of all judgments and costs
rendered or recovered against such licensee and/or any of the licensee's
agents, servants or employees, for damages growing out of any tort
or crime committed by the licensee and/or any of the licensee's agents,
servants or employees on any person in the City of Northfield while
engaged in business within the City.
(4)
The licensee shall provide for payment of all judgments and costs
rendered or recovered against such licensee and/or any of the licensee's
agents, servants or employees, for damages growing out of any misrepresentation
or deception practiced on any person transacting such business with
the licensee and/or any of the licensee's agents, servants or employees
in the City of Northfield while engaged in business within the City,
whether such misrepresentations or deceptions were made or practiced
by the licensee or by the licensee's agents, servants or employees
either at the time of making the sale or through any advertisement
or any character whatsoever, printed or circulated with reference
to the goods, wares and merchandise sold or any part thereof.
(5)
The licensee shall provide that all money paid as a down payment
will be accounted for and applied according to the representation
of the licensee and/or the licensee's agents, servants or employees
and further guarantee to any person doing business with said licensee
and/or the licensee's agents, servants or employees in the City of
Northfield that the property purchases will be delivered according
to the representation of the licensee and/or the licensee's agents,
servants or employees.
(6)
Amount of bond.
[Amended 12-13-1988 by Ord. No. 19-88[1]]
(a)
The amount of the bond may be increased to an amount not in
excess of $10,000 and decreased to an amount not below $2,000, at
the discretion of the Mercantile Tax Collector, if, based upon the
information supplied by the licensee, it appears to the Mercantile
Tax Collector that the bond in the increased or reduced amount will
be necessary to satisfy the purposes as set forth herein.
(b)
In the event that the Mercantile Tax Collector determines that
the bond, within the discretionary limit of $10,000, will not be sufficient
to satisfy the requirements of this chapter due to the nature of the
business of the licensee, the matter shall be submitted to the City
Council of the City of Northfield with a ten-day notice to the licensee,
and a determination shall be made by the City Council as to the amount
of bond which shall be posted. The determination of City Council shall
be final.
In addition to the information required by § 220-7 of this chapter, any person seeking to obtain a license issued by the City of Northfield for the purposes of a going out of business sale, removal of business sale, fire or flood sale or rebuilding or remodeling sale shall provide the following information to the City Clerk as part of the application, which information shall be a prerequisite to issuance of the license:
A.
A certified statement that the applicant has been
the owner of the business advertised or described in the application
for a license thereunder for a period of at least 12 months prior
to the date of the proposed sale, with the single exception that for
an applicant who is conducting a going out of business sale upon death
of a person doing business in the City, so long as the applicant is
an heir, devisee or legatee of the decedent, such person shall have
the right to apply at any time for a license, and the twelve-month
period shall be deemed to be inapplicable.
B.
That the person filing the application has not, within
one year last past from the date of such application, held a going
out of business sale, removal of business sale or a fire or flood
sale unless with regard to the fire or flood sale such prior sale
was held within the prior twelve-month period as a result of fire,
flood or other such casualty at the location where the sale which
is subject of the pending application is to be held.
C.
That the license, when issued, shall apply only to
one store; where the applicant operates more than one place of business,
that no other store or branch shall advertise or represent that it
is cooperating with or in any way participating in the licensed sale.
D.
The true name and address of the owner of the goods
to be the object of the sale.
E.
The true name and address of the person from whom
he purchased the goods to be sold, the price therefor and, if not
purchased, the manner of the acquisition.
F.
A description of the place where the sale is to be
held.
G.
The nature of the occupancy, whether by lease or sublease
and the effective date of termination of the occupancy.
H.
The date and period of time on which the sale is to
be conducted.
I.
A full and complete statement of the facts in regard
to the sale, including a reason for urgent and expeditious disposal
of goods thereby and the manner in which the sale will be conducted.
J.
The means to be employed in advertising such sale,
together with the proposed content of the advertisement.
K.
A complete and detailed inventory of the goods to
be sold at such sale as disclosed by the applicant's record. Such
inventory shall be attached to and become part of the required application.
L.
A sworn and notarized statement to the effect that
all goods included in the inventory shall have been purchased by the
applicant for resale on bona fide orders without cancellation privileges
and do not constitute or comprise goods purchased on consignment.
M.
A sworn and notarized statement to the effect that
the inventory does not include goods ordered in contemplation of conducting
a sale as regulated by this section. For purposes of this section,
any unusual purchase or addition to the stock of the goods of the
business affected, within 30 days prior to filing of the application,
shall be deemed to have been goods purchased for sale.
A.
In addition to the information required by § 220-7 of this chapter, any applicant for a private sale or private auction to be conducted on private premises shall supply the following additional information as part of the application for the mercantile license:
(1)
The date of the sale or auction.
(2)
The block, lot and street location of the private
sale or auction.
(3)
The type of merchandise to be sold.
(4)
A sworn statement to the effect that the applicant,
by issuance of the permit under the application, shall not have been
issued in excess of two permits within a one-year period (that is,
one year from date of the first application).
B.
It shall be a condition precedent to issuance of the
permit that no more than two permits within a one-year period shall
be issued to any one person for such sale and that no more than two
permits shall be issued for any one location within any one-year period.
No license certificate shall issue to any person
who has not complied with the laws of the State of New Jersey or the
ordinances of the City of Northfield providing regulations respecting
the safety of persons who may have occasion to use the premises, place
or thing licensed, and, in case any person licensed fails to comply
with such laws or ordinances, after due notice and opportunity to
be heard as provided by the New Jersey Statutes, the City Council
may revoke such license.
[Amended 12-13-1988 by Ord. No. 19-88; 11-26-1991 by Ord. No.
25-91]
All license fees shall be due and payable on
the first day of July in each year. Any license fees not paid by August
1 of each year shall be subject to a late fee of $10.
[Amended 6-17-1980 by Ord. No. 15-80; 11-10-1980 by Ord. No.
21-80; 5-31-1983 by Ord. No. 7-83; 9-20-1983 by Ord. No. 12-83; 5-28-1985 by Ord. No. 9-85; 12-13-1988 by Ord. No. 19-88; 3-6-1990 by Ord. No.
5-90]
A.
The following shall be categorized as special categories:
[Amended 7-21-1992 by Ord. No. 12-92; 4-24-2012 by Ord. No. 3-2012; 2-9-2016 by Ord. No. 4-2016]
|
Type of Service
|
Fee
| ||
|---|---|---|---|
|
Alarm system installer
|
$100
| ||
|
Amusement games (separately licensed from mechanical
amusement devices):
| |||
|
Group games having fewer than 10 chairs
|
$100
| ||
|
Astrologer
|
$250
| ||
|
Auctioneer:
| |||
|
In auction house or store, each
|
$400
| ||
|
Engaged in private or public sale not from an
auction house or store, per day, for each auction
|
$75
| ||
|
Auction house or store
|
$500
| ||
|
Automatic cigarette vending machine, each
|
$25
| ||
|
Automatic vending machine, each:
| |||
|
Mechanical amusement device
|
$10
| ||
|
Jukebox
|
$10
| ||
|
Mechanical amusement video device
|
$25
| ||
|
Auto repair only
|
$100
| ||
|
Body work only
|
$100
| ||
|
Builder or contractor
|
$100
| ||
|
Cigars, cigarettes and tobacco, candy and sundries,
wholesale
|
$75
| ||
|
Circus and carnival
|
$750
| ||
|
Dance academy and/or studio
|
$150
| ||
|
Dealer, wholesale, for fruits, vegetables, farm
and/or garden produce to retail trade except for farm or produce
|
$75
| ||
|
Department store:
| |||
|
Each floor
|
$250
| ||
|
Every concession therein, inclusive of but not
limited to food concession and food vendors and concession for goods
and services
|
$75
| ||
|
Driving range
|
$100
| ||
|
Drugstore, pharmacy and surgical supply (with
luncheonette or lunch counter), plus applicable fee for restaurant
based upon square foot area where food is prepared and/or served
|
$100
| ||
|
Exhibit, charging entrance fee or accepting
donations
|
$150
| ||
|
Gardener/Landscaper
|
$50
| ||
|
Gas sales only
|
$100
| ||
|
Gymnastics
|
$375
| ||
|
Hair goods and lotions
|
$50
| ||
|
Home heating fuel (apart from any other license)
|
$200
| ||
|
Junk collector, by wagon or truck, each vehicle
|
$100
| ||
|
Limousine service, each limousine
|
Per N.J.S.A. 48:16-17, as amended
| ||
|
Newsstand, not connected with any other business
hereunder licensed
|
$50
| ||
|
Recreational vehicle for sale or rent
|
$150
| ||
|
Salvage and storage
|
$75
| ||
|
Shows and amusements, open-air
|
$300
| ||
|
Tag sale (individual business conducting the
tag sale shall be licensed)
|
$50
| ||
|
Taxicab, each
|
$50
| ||
|
Taxicab, each driver
|
$25
| ||
|
Tennis courts
|
$375
| ||
|
Any other business not otherwise categorized
herein
|
$75
| ||
|
If an establishment has more than one function,
a combination fee will be charged, i.e., a separate fee for each function.
| |||
B.
Breakdown of square footage of businesses:
|
Square Footage
|
Effective April 1, 1990
| |
|---|---|---|
|
Under 1,000
|
$75
| |
|
1,000 and over, but less than 2,000
|
$125
| |
|
2,000 and over, but less than 3,000
|
$175
| |
|
3,000 and over, but less than 4,000
|
$200
| |
|
4,000 and over, but less than 5,000
|
$375
| |
|
5,000 and over, but less than 6,000
|
$400
| |
|
6,000 and over, but less than 7,000
|
$425
| |
|
7,000 and over, but less than 8,000
|
$450
| |
|
8,000 and over, but less than 9,000
|
$525
| |
|
9,000 and over, but less than 10,000
|
$550
| |
|
10,000 and over
|
$750
|
A.
In any instance where any person deals or intends
to deal at any one location within the City of Northfield in more
than one article or one class of goods, wares or merchandise, he shall
pay, in addition to the highest license fee herein or otherwise provided
for any such article or class of goods, wares or merchandise dealt
in or intended to be dealt in by such person, an additional license
fee in the amount of $40 for each separate article or class of goods,
wares or merchandise dealt in or intended to be dealt in by such person.
This provision shall not apply, however, to cigarette vending machines,
vending machines, mechanical amusement devices or jukeboxes. In each
of those categories, the full license fee shall be paid for each such
machine in addition to the highest fee herein charged for any other
business carried on by the person.
[Amended 3-6-1990 by Ord. No. 5-90]
B.
This provision shall not be applicable to a department
store, with the exception of an additional charge to be levied for
a cigarette vending machine, vending machine and mechanical amusement
device, for which the full fee shall be paid.
[Amended 12-13-1988 by Ord. No. 19-88]
The City Council of the City of Northfield may
authorize the issuance of special permits, without payment of any
license fee or other charge therefor to any public, charitable, educational,
literary fraternal or religious organization having its location in
the City of Northfield, for the conduct or operation of a temporary,
not-for-profit enterprise for a public, charitable, educational, literary,
fraternal or religious purpose. The applicant, however, shall submit
the usual application form in the manner as hereinbefore required
and shall operate, if granted a permit, in accordance with requirements
of this chapter.
