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AN ORDINANCE AMENDING TITLE 8, BUSINESSES AND OCCUPATIONS, CHAPTER 7 HAWKING AND PEDDLING; CANVASSING AND SOLICITING, AMENDING ARTICLE 2d, LICENSE REQUIRED, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY (2000) AS AMENDED AND SUPPLEMENTED, REMOVING THE REQUIREMENT TO SHOW PROOF OF CITIZENSHIP AND ADDING THE REQUIREMENT TO OBTAIN A MUNICIPAL IDENTIFICATION CARD.
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WHEREAS, to attract and promote vital business within the City of Newark and create employment opportunities and jobs for Newark residents; and
WHEREAS, to create business relations rooted within the City to promote longevity and retention and promote entrepreneurial opportunities for its residents; and
WHEREAS, to create and develop community partnership with businesses in the City; and
WHEREAS, the Mayor of the City of Newark believes it is in the best interests of the residents of the City of Newark to supplement and amend the Hawking and Peddling Ordinance as set forth herein.
NOW THEREFORE IT IS HEREBY ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY THAT:
[Note: Bold text represents additions and strikethroughs represent deletions]
Section 1. Title 8, Chapter 7, Article 2d, License Required, of the Revised General Ordinances of the City of Newark, as amended and supplemented, are hereby amended as follows:
8:7-2. LICENSE REQUIRED.
a. No person shall hawk or peddle any merchandise goods or articles of any description, or shall operate any peddler's cart, wagon, motor vehicle or other vehicle, without first procuring a license therefor from the Director.
b. No person shall hawk or peddle any food, drink, candy or other consumable or shall operate any peddler's cart, wagon, motor vehicle or other vehicle which sells, dispenses, vends or peddles any food, drink, candy or other consumable item without first procuring a license therefor from the Director which license shall bear the notation food peddler.
c. Each application for a license under paragraph b. must be accompanied by a certificate from a licensed and practicing physician of the State of New Jersey, certifying that the applicant has been examined on a certain date, within sixty (60) days prior to the filing of the application; and that, in his opinion, the applicant is of sound physique, not subject to any contagious disease, illness, sickness and/or any other infirmity of body or mind which might make him unfit for the safe selling, dispensing, peddling, vending of any food, drink or other consumable item.
d. Each applicant for a license under paragraphs a. and b. shall present proof that he or she is a citizen of the United States or a person satisfying all requirements of the Immigration and Naturalization Laws, or other applicable law, for holding gainful employment in the United States. Each applicant for a license under paragraph a. and b. shall possess a City of Newark Municipal Identification Card upon implementation of the Municipal Identification Card program. Each applicant shall be required to produce a certificate of registration from the Director of the Division of Taxation of the New Jersey State Department of the Treasury. Every applicant who held a license issued under this Article during the year preceding the application shall present proof of payment of New Jersey Sales Tax required pursuant to N.J.S.A. 54:32B-1 et seq.
(R.O. 1966; R.O. 1966 C.S. § 8-7.2; Ord. 6 S+FK, 3-21-90)
Section 2. If any provision of this ordinance is held to be unenforceable by a court of competent jurisdiction, the remainder shall remain in full force and effect.
Section 3. This Ordinance shall take effect upon final passage and publication in accordance with law.
STATEMENT
AN ORDINANCE AMENDING TITLE 8, BUSINESSES AND OCCUPATIONS, CHAPTER 7 HAWKING AND PEDDLING; CANVASSING AND SOLICITING, AMENDING ARTICLE 2d, LICENSE REQUIRED, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY (2000) AS AMENDED AND SUPPLEMENTED, REMOVING THE REQUIREMENT TO SHOW PROOF OF CITIZENSHIP AND ADDING THE REQUIREMENT TO OBTAIN A MUNICIPAL IDENTIFICATION CARD.