Gurland v. Town of Kearny

The opinion of the court was delivered by

Perskie, J.

The primary question requiring decision is whether section 6A-10 of respondent’s ordinance imposing a license fee of $300 for each vehicle used in connection with the peddling of ice cream and ice cream combinations is valid. The secondary question is whether prosecutor’s attack is premature.

On September 11th, 1940, respondent, Town of Kearny, passed an ordinance for revenue purposes effective June 1st, 1941, regulating and licensing the business of “peddling” goods, wares and merchandise in its town, fixing the “license fees” therefor, and…