[HISTORY: Adopted by the City Council of
the City of Paterson 12-18-1979 by Ord. No. 79-111 as Ch. 9, Art. 15,
of the 1979 Revised General Ordinances of Paterson. Amendments noted
where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 367.
As used in this chapter, the following terms
shall have the meanings indicated:
A person engaged in the business of selling at retail cut flowers, trees, shrubs, vines, growing flowers or plants, potteries containing plants or flowers and bedding stock. "Retail florist" shall not mean or include retail sellers of cut Christmas trees; transient merchants or itinerant vendors as defined in § 367-44; or farmers selling vegetables, green foods, farm produce, shrubbery, plants, bulbs or products of the nursery or farm in any common or public market place within the limits of the city.
A.
Every application for an initial license under this
chapter shall be made in writing under oath and addressed to the Council
upon forms approved by the Council. The application shall be filed
with the Licensing Division. A separate application shall be made
for each location in which such business is to be conducted.
B.
The application for an initial license shall contain
the following information:
(1)
The name of the applicant.
(2)
The permanent home address of the applicant, if an
individual; and if the applicant is a corporation, the permanent home
address of each officer of said corporation.
(3)
The address at which it is proposed to conduct such
business.
(4)
The character of the business to be conducted.
(5)
Such other information as may be required.
Following the filing of the application, the
applicant shall forthwith cause to be published a notice of his intention
to obtain a license to engage in the business of a retail florist.
Said notice shall be published for two consecutive weeks, once each
week, in a newspaper published and circulated in the city. Proof of
such publication shall be filed with the Licensing Division prior
to consideration of the application by the Council.
The license shall be issued by the Licensing
Division after approval thereof by the Council.
A.
The fee for a license under this chapter for each
establishment or place of business of the applicant shall be as follows:
[Amended 4-19-1983 by Ord. No. 83-033; 11-9-2010 by Ord. No.
10-065]
B.
All applications shall be accompanied by the prescribed
license fee.
[Amended 4-19-1983 by Ord. No. 83-033]
C.
The term of the license issued under this chapter
shall be one year or any portion thereof, beginning on March 1 and
ending on the last day of the next succeeding February.
D.
Any person who shall fail to renew his license within
30 days following the expiration date shall forfeit his renewal privileges.
He shall thereafter be required to make the same application and to
follow the same procedure as an applicant for initial license and
shall pay the stipulated license fee for initial licenses.
A.
No license shall be issued under this chapter to any
person except one engaged in the retail florist business or about
to establish such a retail florist business.
B.
The license issued under this chapter shall not be
deemed to authorize any other person except the designated person
named in said license to engage in business thereunder.
Every license shall be conspicuously displayed
in the place of business conducted by the licensee.
A.
The license shall not be subject to transfer from
the licensee to any other person.
B.
No license shall be transferable from one location
to another except upon:
(1)
The filing of an application by the licensee for such
transfer with the Licensing Division;
(2)
Publication of notice of intention to transfer said license and filing of proof of publication, in accordance with the requirements of § 223-4;
(3)
Payment of a transfer fee of $5; and
(4)
Approval of said transfer by the Council.
In addition to the penalty provided in § 223-11, the Council may, after due notice and hearing, suspend or revoke the license of any person who violates any provision of this chapter or who falsifies or makes misstatements in the application for a license under this chapter.
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be subject to a fine not exceeding
$1,000, by imprisonment for a term not exceeding 90 days or by a period
of community service for not more than 90 days, or any combination
thereof. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.