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Chapter 146 PEDDLERS; TRANSIENT MERCHANTS
Sale without license unlawful.
Application for license.
Qualifications of applicants.
Granting of licenses.
Availability of license.
Regulations to be observed.
Revocation and suspension.
Violations and penalties.
ARTICLE I Vendors, Peddlers and Itinerant Merchants
ARTICLE II Limited Sales by Transient Merchants
Declaration under oath by applicants.
Agent for service of process.
Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the City of Hoboken: Art. I, 3-20-63 as Ord. No. 193; 5/28/2009 01:02
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Art. II, 1-7-59. Sections 146-13 and 146-21 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.] ARTICLE I Vendors, Peddlers and Itinerant Merchants [Adopted 3-20-63 as Ord. No. 193] ยง 146-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated:
NON-PROFIT-MAKING VENDOR -- A person who sells goods, wares or merchandise, the proceeds of which are devoted exclusively to the purposes of a philanthropic, charitable or religious society on whose behalf he acts as agent with or without pay, but excluding those individuals or organizations soliciting for funds or other things of value for which no merchandise, wares or services are given in return and for which licenses are required and control administered as provided for by any other chapter or section of the Code of the City of Hoboken.
PEDDLER or VENDOR -- A person, commonly referred to either as a "transient merchant," "itinerant merchant," or "salesman," "peddler," "vendor" or other such person, who goes from place to place by traveling on the streets, or from house to house, and carries or transports with him foodstuffs, goods, wares and merchandise for the purpose of selling and delivering them to consumers, or who, without carrying or transporting merchandise, sells or proposes to sell services of any kind.
ยง 146-2. Nonapplicability.
PERSON -- An individual, firm, partnership, corporation, association and principal or agent thereof.
ยง 146-3. Purpose.
The provisions of this Article shall not affect any nonprofit-making vendor or any person duly licensed by the Commissioner of Banking and Insurance or the Real Estate Commission of the State of New Jersey.
The purpose of this chapter is to prevent dishonest business practices, to provide protection to the citizens of the city from unregulated itinerant or transient salesmen and the annoyance consonant thereto, the safety of the residents of this community and the best interests of its welfare and to eliminate noise disturbing to the peace and tranquility of the community. ยง 146-4. Sale without license unlawful. It shall be unlawful for any person to sell or dispose of, or to offer to sell or dispose of, any foodstuffs, goods, wares or merchandise within the City of Hoboken, without first obtaining a license and having paid the license fee hereinafter prescribed. ยง 146-5. Fee exemption. The license fee only shall not apply to any person qualifying under N.J.S.A. 45:24-9 or to any person
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who conducts a sale pursuant to statute or court order nor to any person who has an established local business. "Local business" shall be defined to be, within the City of Hoboken, an establishment which displays and offers for sale the same products that the peddler, hawker, vendor or solicitor are offering for sale, and the business of which is not devoted primarily by the nature thereof to house-to-house or itinerant vehicular selling. ยง 146-6. Application for license. Any person desiring a license shall file with the City Clerk of the City of Hoboken an application which shall contain the following information: The name of the applicant.
If a trade name is used, whether the applicant is an individual, partnership, association or corporation.
The address of the applicant and telephone number.
The names and addresses of the persons from which goods making up the stock were or are to be purchased.
Three (3) business references.
The place or places of residence of the applicant for the preceding three (3) years.
A description of the goods or services to be sold.
If the applicant is a corporation, the state in which its Charter is registered and the registered agent's name and address in this state.
If other than an individual, the names and addresses of the partners, officers and any salesmen to be employed.
The number and nature of any arrests or convictions against the applicant, officers, partners or any salesmen to be employed.
As to the application, there must be appended a letter or, when applicable, a corporate resolution from the firm authorizing the person signing the application to act as its representative and certifying that the information is correct and accurate.
Whether the applicant, in previously operating in this state under a license, has had such license revoked or suspended and, if so, the reasons therefor.
The description of vehicle and state license number.
ยง 146-7. Qualifications of applicants. The general standard herein set out, relative to the qualifications of every applicant, shall be considered and applied by the Supervisor of Licenses. The applicant shall: A.
Be of good moral character. In making such determination the Supervisor of Licenses shall
Penal history. All convictions, the reason therefor and the demeanor of the applicant subsequent to his release.
License history. The license history of the applicant; whether such person, in previously operating in this or another state under a license, has had such license revoked or suspended, the reasons therefor and the demeanor of the applicant subsequent to such action.
General personal history. Such other facts relevant to the general history of the applicant as he shall find necessary to a fair determination of the eligibility of the applicant.
No corporation shall be granted a license unless the officers thereof could, as individuals, qualify for a license under the provisions of this chapter.
ยง 146-8. Granting of licenses. Following the filing of the application, the original shall be referred to the Supervisor of Licenses who shall cause such investigation of the applicant's moral character, license history and general personal history to be made and return said application with his findings thereon to the City Clerk.
If, as a result of such investigation, the applicant's moral character is found to be unsatisfactory, the Supervisor of Licenses shall endorse on said application his disapproval and his reasons for the same and return said application to the City Clerk, who shall notify the applicant that his application is disapproved and that no license will be issued.
If, as a result of such investigation, the applicant is found to be of good moral character, the Supervisor of Licenses shall endorse on the application his approval, and a license shall be issued by the City Clerk upon payment of the license fee.
The City Clerk shall keep all necessary records pertaining thereto.
For all license classes, the license shall not authorize any person except the person named in said license to engage in business thereunder. Licenses shall not be transferable from the person to whom it is issued to any other person. A separate license must be obtained by a licensed peddler for every agent working for him. All licenses shall expire on the 31st day of December of each year.
ยง 146-9. Availability of license. Every person holding a license under this Article shall be required to carry the license with him while engaged in the business licensed. He must produce the license at the request of any person solicited, a police officer or other official of the City of Hoboken. All automobiles, wagons, carts or other vehicles of any kind shall have affixed thereon a plate bearing the words "Peddlers and Solicitors License, City of Hoboken," together with the number of the license and the year for which it is issued. ยง 146-10. Fee schedule. [Amended 12-1-82 by Ord. No. C235]
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The license fee shall be as follows: A.
A fee of fifty dollars ($50.) annually shall be charged to the applicant, regardless of his type of business, where the nature of the business does not involve the use of a vehicle of any kind in its operation.
Mobile units selling merchandise of any other description shall be one hundred fifty dollars ($150.) per vehicle.
Non-profit-making vendors shall not be required to pay any license fee.
Â§ 146-11. Regulations to be observed. All persons to whom a license shall be issued hereunder shall observe the following regulations: No person or vehicle shall stand or be parked in a fixed location for the purpose of displaying or selling wares, merchandise or services on any public or private property where to do so causes or is likely to cause a crowd, impede vehicular or pedestrian traffic, produce annoying sounds, noise or disturbances, which interfere with the comfort of the residents, nor shall any such person ring any bell or gong, blow any horn, whistle or similar instrument or use any mechanical sound device, musical device, sound amplifier or instrument, whether manually or automatically operated, to attract the attention of the public; provided, however, that any such person may ring four (4) cast bells of brass, bronze, chrome or chrome-plated material, which are not more than three (3) inches in diameter and two and one-half (2 Â˝) inches in length. It shall also be unlawful to strew or litter, or cause to be strewn or littered, the public streets or sidewalks with refuse or waste matter of any kind or to in anywise interfere with the comfort or convenience of the residence or business of the occupants or owners of adjacent properties.
No person or vehicle shall stand or be parked for the purpose of displaying or selling wares, merchandise or services on any public or private property within a distance of two hundred (200) feet of the nearest public, parochial or private school in the City of Hoboken during school hours. School hours shall mean any time between 8:30 a.m. and 3:30 p.m. on weekdays, exclusive of Saturdays, during such days as said schools may be in session.
No person covered by this Article shall sell or attempt to sell, in accordance with the terms of this Article, except as set forth in the preceding subsection, before 9 a.m. or after 9 p.m. prevailing time. The aforesaid time limitations shall not apply to persons who are expressly invited into homes by the occupants thereof.
It shall be unlawful for any person covered by this Article to misrepresent the character or quality of merchandise offered for sale, to importune or otherwise annoy any person for the purpose of effecting a purchase or to conduct himself otherwise than honestly and courteously.
No licensee shall park his vehicle or dispensing container for a period longer than the time it takes to make a sale to a customer.
Â§ 146-12. Revocation and suspension. A license may be revoked by the City Council by reason of the violation of the terms of the license, the
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violation of any municipal ordinance, state or federal statute or falsification in applying for a license. No fees shall be returned for any unexpired period of a license, whether revoked or not revoked. 2
ยง 146-13. Violations and penalties.
Any person violating any of the terms or provisions of this Article, or who conducts the business of peddler, solicitor or non-profit-making vendor in the City of Hoboken without a license to do so, shall, on conviction thereof by the Municipal Judge of this city, be subject to a fine not exceeding one thousand dollars ($1,000.) or by imprisonment in the county jail for a term not exceeding ninety (90) days, or by both such fine and imprisonment, in the discretion of the Judge. ARTICLE II Limited Sales by Transient Merchants [Adopted 1-7-59]
ยง 146-14. Definitions. As used in this chapter, the following terms shall have the meanings indicated:
TRANSIENT MERCHANTS and ITINERANT VENDORS -- Includes persons, corporations or partnerships, whether principal or agent, who engage in a merchandising business in the City of Hoboken, with intent to close out or discontinue such business within one (1) year from the date of commencement, and includes those who, for the purpose of carrying on such business, hire, lease or occupy any building, or part thereof, or any structure or railroad car. for the exhibition and sale of such goods, wares and merchandise comprising the merchandising business in which such persons shall be engaged; except, however, fruits, vegetables and farm produces, such as meat, poultry, butter and eggs. ยง 146-15. Declaration under oath by applicants.
Every transient merchant or itinerant vendor shall, before exhibiting or offering for sale any goods, wares or merchandise, make a declaration under oath, to the Director of the Department of Revenue and Finance, of the number of days he proposes to engage in such business, together with a specific statement as to the location where such merchandising business is to be conducted, and wherein such property as shall be exhibited for sale and sold shall be located, by street and number, and whether on the premises wherein such transient merchant or itinerant vendor is located and engaged in the merchandising business, or a railroad car or in warehouses or places of storage. ยง 146-16. License fees. Every transient merchant or itinerant vendor shall, before offering any goods for sale, pay to the Director of the Department of Revenue and Finance the sum of two hundred dollars ($200.) and upon payment of such sum, he shall be entitled to apply for and receive a license, which shall continue for a period of one hundred eighty (180) days from the date of issuance of the certificate of license. ยง 146-17. Application procedures. The application for such license shall be sworn to and shall disclose the name and residence of the owner or person in whose interest such business is conducted and, if the applicant is a corporation, the names and 5/28/2009 01:02
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addresses of the officers and directors of the corporation and the name and address of the statutory agent of such corporation, and shall further state the average quantity and kind, as nearly as can be, and the value of the personal property, goods, wares and merchandise intended to be sold or exposed for sale. Such application shall also give the names and post office addresses of the persons or corporations from which goods, wares and merchandise, making up the stock of the merchandising business of the applicant, were or are to be purchased by the applicant, and the licensing official, in arriving at the valuation, may require the submission of bills or invoices of such personal property, goods, wares and merchandise. A separate license shall be obtained for each branch establishment or separate place of business in which the occupation of a transient merchant or itinerant vendor is to be carried on within the city. Each license shall authorize the licensee to carry on, pursue or conduct the business of a transient merchant or itinerant vendor only at the location indicated therein. ยง 146-18. Bonds. Before a license shall issue, the applicant shall execute and deliver to the Director of the Department of Revenue and Finance, in his proper name, running to him, in his official capacity and to his successor and assigns, a good and sufficient bond in the principal sum of one thousand dollars ($1,000.) with good and sufficient surety, to be approved by the Director of the Department of Revenue and Finance, or equal in amount to twenty-five percent (25%) of the value of the personal property, goods, wares and merchandise shown in the declarations and disclosures required hereinabove.
The bond shall be and remain in force for one (1) year and be conditioned to indemnify and pay to the Mayor and Council any penalties or costs incurred in the enforcement of any of the provisions of this Article, and to indemnify or reimburse any purchaser of such personal property, goods, wares or merchandise in a sum equal to at least the amount of any payment such purchaser may have been induced to make through misrepresentation as to the kind, quality or value of the personal property, goods, wares or merchandise, whether the misrepresentations were made by the owners of the merchandising business in which the licensee shall be engaged or their servants, agents or employees, either at the time of making the same or through any advertisement or circular with reference to such personal property, goods, wares or merchandise, or any part thereof.
ยง 146-19. Agent for service of process. Before a license shall issue hereunder, the applicant shall file with the Director of the Department of Revenue and Finance an instrument in writing, nominating and appointing the Director, his true and lawful agent with full power and authority to acknowledge service of notice of process for and in behalf of the applicant in respect to any matters connected with or arising out of the license and the bond. The instrument shall contain recitals to the effect that the applicant consents and agrees that service of any notice or process may be made upon such agent and when so made shall be as valid as if personally served upon the applicant, according to the laws of the State of New Jersey or any other state, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service. ยง 146-20. License exemptions. Nothing contained in the provisions of this Article shall apply to or require the obtaining of a license by any charitable or religious society that shall conduct sales of personal property or goods, wares or merchandise, when the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable or religious object for which the society exists; or require the obtaining of a license by any art, antique or historical
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society that shall conduct an exhibit and sale of art objects, pictures, paintings, prints, historical articles and furniture generally known and designated as "antique" and "kindred objects"; or require the obtaining of a license by any agricultural show, fair or garden society selling or closing out certain of their exhibits, if such society is an incorporated association not for pecuniary profit, organized under the laws of the State of New Jersey prior to March 26, 1935, or, if incorporated subsequently thereto, shall have a bona fide membership of at least one hundred (100) persons; or require the obtaining of a license by any person or corporation engaged in the sale of fruits, vegetables and farm products, such as meat, poultry, butter and eggs. 3
ยง 146-21. Violations and penalties.
Any transient merchant or itinerant vendor, who fails to comply with the requirements of this Article, or makes a false or fraudulent representation in any statement required by this Article, be filed by such person or corporation as applicant for license hereunder, or falsely represents by advertising or otherwise that such personal property, goods, wares or merchandise, the sale of which the licensee hereunder shall be engaged in, is in whole or part damaged goods saved from fire, or makes any false statement as to the previous history or character of such personal property, goods, wares or merchandise, shall, if other than a corporation, upon conviction thereof before the Municipal Judge, be subject to a fine of not less than twenty-five dollars ($25.) nor more than one thousand dollars ($1,000.) or to imprisonment for a period not exceeding ninety (90) days, or both, the amount of such fine and imprisonment within the limitations aforesaid to be determined in the discretion of the Municipal Judge. 1
Editor's Note: The provisions of this Article are derived from Ch. 22 of the former General Ordinances of the City of Hoboken, New Jersey, adopted 1-7-59 as Ord. No. 123. 2 Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. 3 Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.