[HISTORY: Adopted by the Mayor and Council of the Borough of Palisades Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-8-1976 as Section 4-6 of the Revised General Ordinances of 1975]
As used in this article, the following terms shall have the meanings indicated:
- NEW MERCHANT
- A person who engages in business in this borough, irrespective of the permanent or temporary nature of the business, by occupying premises for the sale of merchandise, during and not longer than one year subsequent to the opening of the premises.
- A person who sells goods, the proceeds of which are devoted exclusively to the purposes of a philanthropic, charitable or religious society on whose behalf he acts as an agent without pay.
- A person, commonly referred to either as a "peddler" or "hawker," who goes from place to place by traveling on the streets or from house to house or from home to home and carries with him goods, wares and merchandise for the purpose of selling and delivering them to consumers.
- A person selling goods by sample or taking orders for goods for future delivery or taking orders for work, labor and services to be performed, with or without accepting an advance payment for the goods or for the work, labor and services.
- TRANSIENT MERCHANT
- A person, commonly referred to either as a "transient merchant" or "itinerant vendor," who engages in merchandising business in this borough with the intent to close out or discontinue such business within a period of one year from the date of commencement and occupies a room, building, tent, lot, railroad car, structure or other premises for the purpose of exhibiting and selling goods, wares and merchandise.
- TRANSIENT MERCHANT PEDDLER
- A person who engages in business in the manner defined under "transient merchant" and, in pursuance thereto, becomes a peddler or hires a peddler as defined herein.
New merchant, non-profit-making vendor, peddler, solicitor, transient merchant and transient merchant peddler shall constitute license classifications, a separate license being issued for each class under the terms hereinafter set forth.
[Amended 8-15-1995 by Ord. No. 1226]
The purpose of this article is to provide proper police supervision and prevent unfair competition and dishonest business practices by the regulation of the conduct of vendors as described herein.
It shall be unlawful for any peddler, transient merchant, transient merchant peddler, solicitor, non-profit-making vendor or new merchant to sell or dispose of or to offer to sell or dispose of any goods, wares or merchandise within the borough without first obtaining a license therefor, as provided for herein, and paying such license fee as may be provided for in this article.
The requirements of this article shall be held not to include the following persons, who are expressly exempt from its application:
Any person selling fruits, vegetables and farm products produced on a farm operated by the vendor or a member of his family, provided that proof of such fact is submitted to the Borough Clerk before selling.
Any person honorably discharged from the military forces of the United States.
Any totally blind person.
Any person who conducts a sale pursuant to statute or a court order.
Any person desiring a license shall file with the Borough Clerk an application blank, separate blanks being provided for each of the six classes of licenses. The blanks shall contain the following information:
For all license classes:
The name of the applicant.
The permanent home residence.
The name and address of the firm represented and the names and addresses of the persons from whom goods making up the stock were or are to be purchased.
Three business references.
The place or places of residence of the applicant for the preceding three years.
The length of time for which the license is desired.
A description of the wares to be offered for sale.
The number either of arrests or convictions for misdemeanors or crimes and the nature of the offenses for which arrested or convicted.
A letter appended to the application from the firm for which the applicant purports to work, authorizing the applicant to act as its representative.
For transient merchant licenses, in addition to the foregoing items:
A sworn statement of the true invoice of the amount, average quality or kind and value of the goods to be offered for sale.
A statement of the location of such goods by street or number and whether on the premises from which they are sold or in a warehouse.
Appended to the application, in the discretion of the Borough Clerk, the bills or invoices of purchase for such goods.
For transient merchant peddler licenses, in addition to the foregoing information:
For the three classes of licenses of stationary vendors (transient merchants, transient merchant peddlers and new merchants), the issuing officer is directed to establish the character of the business by:
Eliciting a declaration of intention of all new businessmen as to whether they intend to remain within the borough temporarily or longer than a period of one year.
Editor's Note: Former Subsection B, regarding requiring a filing of a bond, which immediately followed, was repealed 9-25-2018 by Ord. No. 2018-13.
A bond shall be declared forfeited on conclusive proof of:
Willful violation of an ordinance or state or federal law.
Removal from the municipality within a year after opening the business premises without payment of the license fee or fees required of transient merchants or merchant peddlers. The bond of every merchant continuously conducting a vending business for more than one year shall be surrendered, and no further license shall be required of him under this article.
Before a license as herein provided for shall issue to any one of the three classes of stationary vendors hereinabove mentioned, the applicant shall file with the Borough Clerk an instrument nominating and appointing the Borough Clerk as his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the license and the bond given as required by the provisions of §§ 218-7 and 218-8 or for the performance of the conditions of the bond or for any breach thereof, which instrument, in writing, so nominating and appointing the Borough Clerk as such agent shall contain recitals to the effect that the applicant for the license consents and agrees that service of any notice or process may be made upon the agent and, when served, upon the person applying for the license under this article according to the laws of this or any other state and waiving all claim or right of error by reason of such acknowledgment of service.
Following the filing of the application, the Police Department shall verify the information respecting the moral character of the applicant and shall signify its approval or rejection on the reverse side of the form, certifying thereon that it has received from the applicant a photograph of the licensee, and the Borough Clerk shall verify the financial information, approving or rejecting the application on its reverse side. For the issuance of licenses to transient merchants and transient merchant peddlers, the value of goods to be offered for sale may be verified by the Clerk through an appraisal made by a competent person designated by the Clerk. Upon verification of the application and payment of the prescribed fee, the license therewith shall be issued by the Borough Clerk.
For all license classes, the license issued shall not authorize any person except the designated person named in the license to engage in business thereunder.
The license shall not be transferable from the person to whom issued to any other person.
A separate license must be obtained by a licensed peddler for every agent or employee working for him. A separate license shall be obtained by a licensed transient merchant for each branch or separate place of business in which his business is conducted, and each license shall authorize the person to conduct business only at the location which is indicated therein.
All licenses shall be issued on forms drawn in accordance with this article. They shall be printed in book form with corresponding stubs and shall be consecutively numbered. The licenses shall contain suitable blank spaces for writing in the name, the class of license granted, the location of the business and the amount of fee paid.
There shall be kept in the office of the Borough Clerk the necessary books for recording the time the application for a license is received, showing its class, whether new or renewal, the name of the licensee, the regular number of the blank form, when the application was approved by the Police Department and the Borough Clerk, the amount of fee received therefor and the date when the license was issued. A file bearing the licensee's name and containing the photograph of the licensee shall be kept by the Police Department.
The Borough Clerk shall monthly file a report with the Mayor and Council showing the number of licenses granted by classes and the amounts of fees received therefor. Each report shall state the number and class of licenses suspended or revoked and the reasons for suspension or revocation. The monthly report shall be cumulative during the course of the year so that each report summarizes the action of all preceding months of the current year.
Every person holding a license under this article shall be required to carry the license with him or at his business premises while engaged in the business licensed. He shall produce the license at the request of any official of the borough.
To every peddler granted a license, the Borough Clerk shall issue a metal plate bearing the words "Licensed Peddler, Borough of Palisades Park," together with the number of the license and year for which it is issued. All automobiles, wagons, carts or other vehicles used for peddling shall have affixed thereon the metal plate. A transient merchant, a transient merchant peddler or a new merchant shall post a license certificate in a prominent place of his business premises. To the vendors of all other classes, license buttons shall be issued which shall be affixed on the lapels of their coats or garments while engaged in business.
License and issuance fees shall be as follows:
Peddler: $50 per year or a proportional amount for a fractional part thereof, but in any case not less than $20. Every peddler's license shall terminate at the close of December 31 of the year in which it was issued.
Transient merchant: sum of $50 for a license, which shall continue in favor of the person to whom it is issued for the period of 360 days from the date the same is issued.
[Amended 9-25-2018 by Ord. No. 2018-13]
Solicitor: an issuance fee in the sum of $50, paid by the applicant upon receipt of a license to solicit under the terms of this article.
A license may be revoked by the Mayor and Council by reason of the violation of the terms of the license, the violation of any borough ordinance or state or federal statute or falsification in applying for a license. The licensed person shall be granted a hearing by the Mayor and Council upon his request. A license may be suspended for not more than two weeks by the issuing officer without a hearing.
Any person required by this article to procure a license who shall sell or offer to sell any goods, wares, merchandise or bankrupt stock without first paying to the Borough Clerk the license fee as herein required; or who shall fail to secure the license provided for herein; or who shall neglect or refuse to file the statement provided for herein; or who shall make a false or fraudulent representation therein or falsely represent, by advertising or otherwise, that such goods, wares, merchandise or bankrupt stock is, in whole or in part, damaged goods saved from fire or make any false statement as to the previous history or character of such goods, wares, merchandise or bankrupt stock; or who shall fail to file the bond required under this article; or who shall fail to nominate the licensing official as his agent upon whom service can be made for the purposes mentioned herein; or who shall refuse or neglect to comply with the requirements of this article in any part, shall be subject to a penalty as stated in Chapter 1, General Provisions, § 1-15.
[Adopted 10-18-1994 by Ord. No. 1198]
Large groups of persons congregate in certain areas on a daily basis and solicit or attempt to solicit employment, business or contributions from the occupants of vehicles on streets.
The activity of soliciting employment, business or contributions from occupants of vehicles distracts drivers from their primary duty to watch traffic and potential hazards in the road, observe all traffic control signals or warnings and prepare to move through streets and intersections.
The practice of soliciting employment, business or contributions from occupants of vehicles as described above impedes the flow of traffic on streets and results in the delay and obstruction of the public's free flow of travel and results in congestion and blockage of the streets, driveways to parking areas and sidewalks when such persons approach the vehicles to negotiate with the occupants.
Distracted drivers are more prone to automobile accidents, and accidents on the public streets constitute a substantial traffic safety problem, which problem further impedes and prevents the orderly flow of traffic and is unsafe for the person engaging in the solicitation, pedestrian traffic and the traffic generally.
The activity of soliciting employment, business or contributions by occupants of moving vehicles from persons standing on public streets and sidewalks is also unsafe for the same reasons stated above.
The cumulative impact of this type of activity on streets, highways and sidewalks on a daily basis has created a potential safety hazard, which poses a significant and substantial risk to the interest of the public in the free flow of travel.
As used in this article, the following terms shall have the meanings indicated:
- Any type of product, goods, service, performance or activity which is provided or performed or offered to be provided or performed in exchange for money, labor, goods or any other form of consideration.
- Services, industry or labor performed by a person for wages or other compensation or under any contract of hire, written, oral, express or implied.
- Any request, offer, enticement or action which announces the availability for or of employment, the sale of goods, or a request for money or other property, or any request, offer, enticement or action which seeks to purchase or secure goods or employment or to make a contribution of money or other property. As defined herein, a "solicitation" shall be deemed complete when made, whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money or other property takes place.
It shall be unlawful for any person, while standing in any portion of the public right-of-way, including but not limited to public streets, highways, sidewalks and driveways, to solicit or attempt to solicit employment, business or contributions of money or other property from any person traveling in a vehicle along a public right-of-way, including, but not limited to, public streets, highways or driveways.
It shall be unlawful for any person, while the occupant of a moving vehicle, to solicit or attempt to solicit employment, business or contributions of money or other property from a person who is within the public right-of-way, including but not limited to a public street, highway, sidewalk or driveway.
Any person or entity who shall commit, take part in or assist in any violations of the provisions of this article may, upon conviction thereof for each and every violation, be fined in an amount not exceeding $500 or be imprisoned for a period not exceeding 90 days, or both, in the discretion of the Court. Each person solicited in violation of § 218-22B shall constitute a separate offense.
The Municipal Court is expressly vested with jurisdiction over the determination of violations hereunder and the imposition of the penalties therefor.