[Adopted 6-7-1982 by Ord.
No. 11-1982 as Art. I of Ch. 158 of the 1982 Code]
As used in this article, the following terms shall have the meanings
indicated:
Any person traveling by foot, wagon, motor vehicle or in or upon
any other type of vehicle or conveyance, from house to house, store to store
or street to street, carrying with him any wares, merchandise or goods for
the purpose of offering and exposing the same for sale; or making sales and
delivering any of the said articles to purchasers. A peddler shall also mean
and include a person who, without traveling from place to place, sells or
offers for sale wares, merchandise or goods from a wagon, motor vehicle or
any other type of vehicle or conveyance. The word "peddler" shall include
the words "hawker," "huckster" and "vendor." Any person who solicits orders
and as a separate transaction makes deliveries to purchasers as a part of
a scheme or design to evade the provisions of this article shall be deemed
a peddler.
No person shall engage in or carry on the business of a peddler without
first obtaining a license from the Licensing Officer as provided by this article.
The provisions of this article shall be held not to apply to the following
persons who are hereby expressly exempted:
A.
Any person selling fruit, vegetables and farm products
raised on the seller's premises.
B.
Any honorably discharged soldier, sailor, marine, nurse
or army field clerk of the United States, who has obtained a veteran's peddler's
license, as defined by N.J.S.A. 45:24-9a.
C.
Any person who is a resident of this state and who is
an exempt member of a volunteer fire department, a volunteer fire engine,
hook and ladder, hose or supply company or salvage corps of any municipality
or fire district in this state, as defined by N.J.S.A. 45:24-9b.
Each application for a license shall be:
A.
The application forms for licenses shall request the
following specific information and items:
(1)
Name of applicant.
(2)
Permanent home residence.
(3)
Name and address of firm represented.
(4)
Names and addresses of the persons from whom goods making
up the stock were or are to be purchased.
(5)
Three personal references.
(6)
Place or places of residence of the applicant for the
preceding three years.
(7)
Length of time for which the license is desired.
(8)
Description of the wares to be offered for sale.
(9)
Number of arrests or convictions for crimes and the nature
of the offenses for which arrested or convicted.
B.
A letter shall be attached to the application, from the
firm for which the applicant purports to work, authorizing him to act as its
representative.
The Licensing Officer shall examine each application and investigate
the facts stated therein and shall then approve or reject the application
based upon his findings as to the moral character and business responsibility
of the applicant.
If, as a result of the investigation required by § 195-6, the moral character and business responsibility of the applicant are found to be satisfactory, the Licensing Officer shall issue the license to the applicant to conduct the business of peddling and hawking.
Each license issued under the provisions of this article shall be valid
until December 31 of the year in which the license is issued.
Every person holding a license under this article is required to carry
such license with him at all times while engaged in the business licensed.
He shall produce the license at the request of any official of the city.
A.
The Licensing Officer shall issue to every peddler and hawker, in addition to the license provided by § 195-8, a metal plate bearing the words "Licensed Vendor, City of Pleasantville," together with the numbers of the license and the year for which it is issued.
B.
All automobiles, carts or other vehicles used for peddling
and required to be licensed shall have said metal plate affixed to some conspicuous
part of said automobile, cart or vehicle.
Neither the license nor the metal plate issued under the provisions
of this article shall be transferable.
A.
Licenses issued under the provisions of this article
may be revoked, after hearing, by the Mayor for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in the
course of carrying on his business as peddler or as hawker.
(3)
Any violation of this article.
(4)
Conviction of any crime involving moral turpitude.
(5)
Conducting the business of peddling or hawking in an
unlawful manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare of the
public.
B.
Written notice of the hearing shall be given to the person
receiving the license, mailed to him by registered or certified mail to his
last known address or to the address stated in his application, specifying
the provisions of this article of the ordinance or statute which the licensee
is alleged to have violated. The Mayor, in his discretion, may suspend the
operation of the license pending the hearing.
[Amended 2-17-1999 by Ord.
No. 6-1999; 4-17-2000 by Ord.
No. 7-2000]
Any person violating any of the provisions of this article shall, upon
conviction in the Municipal Court of the City of Pleasantville, be punished
for each offense by a fine of not less than $100 nor more than $1,000, imprisonment
for a term not exceeding 90 days and/or a period of community service not
exceeding 90 days. Any person pleading guilty may pay a fine of $100 to the
Municipal Court of the City of Pleasantville.
