[HISTORY: Adopted by the Mayor and Council
of the Borough of Chester by Ord.
No. 82-7; amended in its entirety 11-4-2013 by Ord. No.
2013-13. Subsequent amendments noted where applicable.]
For the purpose of this chapter, the terms used herein are defined
as follows:
A natural person, firm, association, partnership, corporation
or any other de jure entity or fictitious person that occupies space
at, or is otherwise authorized by a proprietor of, a special event
to sell or display any item of tangible personal property or service.
The selling, or soliciting for sale, of goods, merchandise
or services the proceeds of which action are devoted exclusively to
philanthropic, charitable or religious purposes, as defined in the
Internal Revenue Code, 26 U.S.C. 501, for a religious, charitable,
civic, or veteran organization, service club, volunteer fire or first-aid
company that is located in or has a substantial membership from or
provides substantial service to the Borough and/or its inhabitants.
Includes the singular and plural and shall also mean and
include any person, firm, corporation or partnership or other fictitious
person or de jure entity.
A not-for-profit entity, which is located in or has a substantial
membership from or provides substantial service to the Borough or
its inhabitants, that proposes to operate a special event the proceeds
of which are devoted exclusively to not-for-profit purposes.
A sale, exhibit, fair, show, festival, bazaar, race or other event operated by a proprietor, the proceeds of which are devoted exclusively to not-for-profit purposes, at a location and for a period of time not to exceed five consecutive days, approved by the Mayor and Council, wherein a proprietor sells or displays, or allows a concessionaire or concessionaires to sell or display, any item of tangible personal property or service. No more than one special event shall be scheduled or approved to occur on any one day, except as may be permitted by § 203-12.
A.
Except as otherwise provided herein, it shall be unlawful to operate
a special event or sell, dispose of, or display any goods, wares,
merchandise, food or services at a special event without first obtaining
a license as required by this chapter and otherwise complying with
all other applicable statutes, regulations and ordinances.
B.
It shall be unlawful to violate this chapter, the terms and conditions
of any license issued hereunder, or any provision herein whether or
not licensed hereunder.
There are hereby created two classes of special event licenses:
proprietor, and concessionaire.
A.
Proprietor license; process.
(1)
Notice of date(s) and location. Any proprietor who proposes to conduct
a special event shall file a written request with the Borough Clerk
and, if any special event is to take place on a public park, the request
must also be filed with the Board of Recreation Commissioners, setting
forth the date(s) of the proposed special event on a form provided
by the Borough. Such request must be filed with the Borough Clerk
no earlier than October 1 and no later than November 1 of the calendar
year prior to that for which a license is sought. In no event shall
a license issue unless a written request for same has first been submitted
within the aforesaid period. This time period may only be relaxed
by the Mayor and Council, in the exercise of its sound discretion,
upon good cause being shown by the applicant to the satisfaction of
the Mayor and Council and only if the request is made at least 90
days prior to the first day of the special event requested. The request
shall be provided by the Borough Clerk to the Mayor and Council for
its approval. Filing of the request for a special event shall not
guarantee approval of said special event or issuance of a special
event proprietor license. The notification form shall include the
following:
(a)
The date, location, and hours of operation of the proposed special
event(s) and alternate dates, which may be allowed if such special
event is canceled for circumstances beyond the control of the applicant.
(b)
All the contemplated dates may be set forth on a single form,
if more than one date is contemplated within the same calendar year.
However, each special event shall require a separate, completed application.
(c)
In no event shall notification excuse compliance with any other
ordinance, notwithstanding that said ordinance shall not have been
disclosed by the Borough Clerk.
(2)
Special event proprietor license application required. If the date, location and hours of operation of the proposed special event is approved by the Mayor and Council, any proprietor who proposes to conduct a special event must, in addition to the above notice, submit an application for a special event proprietor's license to the Borough Clerk. If the special event is to take place on a public park, the proprietor must also submit the application to the Board of Recreation Commissioners, with such fees as may be required from time to time. All applications for a special event proprietor's license must be submitted within 60 after approval of the date, location and hours of the special event by the Mayor and Council. An application for a proprietor's license must include all information required by § 203-4 of this chapter.
B.
Special event concessionaire license.
(1)
Application for a concessionaire license for a special event shall
be made no later than 14 days prior to the special event for which
a concessionaire license is sought.
(2)
A special event concessionaire license shall be issued by the Borough
Clerk to those persons defined herein as a concessionaire and whose
application for said license shall be approved as set forth in this
section.
(4)
A special event concessionaire license shall be obtained and a license
fee paid for each date on which a concessionaire proposes to operate
as set forth herein. The Borough Clerk or agent designated hereby
may issue a concessionaire license with more than one date endorsed
thereon, provided that the applicant shall pay the daily fee to the
Borough Clerk or agent for each proposed date in advance.
(5)
In the event a special event proprietor shall cancel or postpone
a scheduled special event by 9:00 a.m. on the date for which the same
shall have been scheduled, due to circumstances beyond the control
of the proprietor, any special event concessionaire license valid
on that date may be used by the concessionaire in the event that the
proprietor shall have provided for a rescheduling of a special event
as provided herein, upon the license being presented to the Borough
Clerk or its agent, who shall revalidate same.
(6)
The Borough Clerk or agent shall not refund any fee, or portion thereof,
paid hereunder, for any reason.
A.
An application for a special event proprietor or special event concessionaire
license shall be submitted, under oath or affirmation, to the Borough
Clerk with the applicable fee. This fee shall not be refundable and
shall be used to defray the costs of investigation and processing.
The application shall contain the following information:
(1)
Name and address of the applicant;
(2)
Description of the applicant;
(3)
Name and address of the firm represented, if any, and an acknowledged
statement from the firm certifying that the applicant is authorized
to act as the employer's representative or a statement that the
applicant is self-employed;
(4)
The names, addresses and telephone numbers of three persons who have
known the applicant for a period in excess of three years;
(5)
The place of residence of the applicant for the three years immediately
preceding the date of application;
(6)
A brief description of the nature of the business and a description
of the tangible personal property or services to be offered for sale
or purchase. In the event the business, tangible personal property,
or services are otherwise regulated by law, proof of compliance therewith
shall be shown;
(7)
If a vehicle is to be used in connection with a special event, a
description thereof including state of registration, license plate
number, the name and address of the insurance carrier and insurance
policy number;
(8)
The number and places of arrests, the number and places of convictions
for misdemeanors, disorderly persons offenses, or crimes and the nature
of the offenses for which the applicant has been convicted. This shall
include violation of ordinances other than traffic violations;
(9)
If the applicant is a natural person, two current passport photographs
showing the applicant's full face. The photographs shall be affixed
to the application;
(10)
Proof of tax identification number issued by the State of New
Jersey to the applicant; and
(11)
Proof of current sales tax filing with the State of New Jersey,
pursuant to N.J.S.A. 40:52-1.3, by the applicant.
B.
The representative or natural person completing the application for
a special event proprietor license shall be fingerprinted using an
agency chosen by the Chester Borough Police Department. The Chief
of Police shall verify the information included on the application
and respecting the moral character and business background of the
applicant. The Chief of Police is authorized to receive state criminal
history record information from the Division of State Police, State
Bureau of Identification, or other authorized source, for use in considering
the suitability of all applicants covered under this chapter. All
requested criminal history record checks will be subject to payment
of the required user fee by the applicant.
C.
Each application for a special event proprietor license shall additionally
include the following:
(1)
Date, hours of operation, location plan of concessionaires, an index
of concessionaires, and the tangible personal property or service
to be sold or displayed.
(2)
An administrative site plan to be approved by the Borough Administrator
setting forth the following:
(a)
The area, public and/or private, to be licensed for the special
event;
(b)
Layout of concessions: fixed and movable facilities, including
but not limited to the nature, size, extent, and construction thereof,
signs, displays, pennants, banners, balloons, and similar advertising
or attraction devices;
(c)
Sanitary and solid waste control and removal plans;
(d)
Circulation (on and off site), loading and unloading, crowd
and traffic control, fire prevention, lighting and emergency access
plans;
(e)
Proof of compliance with applicable statutes, ordinances, codes
and regulations.
(3)
All other information required to determine compliance with the provisions
of this chapter.
A.
Upon verification of the application for a proprietor license by
the Administrator and the Chief of Police, and upon such other investigation
as necessary for the protection of the public good, and upon payment
of the applicable licensing fee, the Clerk may issue the license.
B.
A license shall not be issued to any person who has been convicted
of a crime, misdemeanor, or other offense involving moral turpitude;
who has made a misrepresentation or false statement in his application;
or who has otherwise been found to be of unsatisfactory character
or business responsibility by the Administrator.
C.
In the event of the refusal of the issuance of such license, the
Mayor and Council, on written request of the applicant, shall conduct
a hearing to determine whether the license should be granted under
this chapter. Such request must be filed with the Borough Clerk no
later than seven days after the rejection of the application.
D.
If the special event is to take place in a public park, the Borough
Clerk shall refer the application to the Board of Recreation Commissioners,
which shall within 30 days of receipt of a complete application notify
the Borough Clerk of the applicant's conformance with the Board's
rules and regulations pertaining to the use of public parks. A proprietor's
license shall not be issued for a special event to take place in a
public park if said special event violates the rules and regulations
of the Board of Recreation Commissioners.
E.
Applicants should attempt to coordinate dates with approved markets,
and approved proprietors of same licensed by the Borough, as a requested
date and/or proprietor's license may be denied if a market request
has been requested and approved by the Mayor and Council in order
to promote public welfare. Proprietor and concessionaire licenses
expire December 31 of the calendar year issued. Prior issuance of
a proprietor's license shall not guaranty issuance of a license
to a proprietor in any subsequent year. Licenses are issued based
upon completed applications and payment of associated fees, in the
order of submission.
F.
In no event shall more than one special event be authorized to take
place on any one day. Should the number of approved applications for
a proprietor license exceed the number of licenses permitted, or approval
of notification of a special event is sought for the same date, the
Mayor and Council may in the sole discretion of the Mayor and Council
waive this prohibition and approve two or more special events for
the same date(s), only if there is no geographical proximity which
would cause a public safety concern and the Mayor and Council determines
that one event will not negatively impact the other event.
G.
The occurrence of a special event and market (Chapter 202) on the same day should be avoided, unless approved by the Mayor and Council upon a satisfactory showing that there is no geographical proximity which would cause a public safety concern and that the two events will not negatively impact on each other.
A.
All licenses shall be issued on forms drawn by the Clerk in accordance
with this section. Records of all licenses shall be maintained by
the Clerk in such a manner as to identify the name of the licensee,
the activity licensed, the location of the activity licensed, the
amount of fee paid and the goods, if any, involved. All licenses shall
be issued under the signature of the Borough, or a facsimile thereof,
and the Seal of the Borough.
B.
A record of all current licenses issued pursuant to this chapter
shall be kept by the Borough Clerk and the Police Department.
C.
All licenses issued under this chapter shall authorize only the person
named in said license to engage in the activity designated thereon.
The license shall not be transferable from the person to whom issued
to any other person.
B.
An application for a special event proprietor license shall also
include an escrow to be established by the Administrator for reimbursement
to the Borough for direct costs incurred by the Borough in connection
with the granting of a license. Said costs may include, but shall
not be limited to, the use of Borough police; damages to and use of
public property, streets, and parks; surcharge of the Borough sewer
system; and personnel for cleanup or remediation of public property
by members of the Public Works Department. The escrow and any costs
assessed pursuant to this subsection will be determined by the Administrator
based upon each individual application, subject to review by the Mayor
and Council.
A.
Licenses issued under this chapter may be revoked by the Administrator
for any of the following causes:
(1)
Misrepresentation or false statement contained in the application.
(2)
Misrepresentation or false statement made in the course of carrying
on the activities herein.
(3)
Conviction of any crime or misdemeanor involving moral turpitude.
(4)
Conducting the licensed business in an unlawful manner in violation
of this chapter or state or federal statutes or regulations or in
such manner as to cause a breach of the peace, create a nuisance or
constitute a menace to the health, safety or general welfare of the
public.
(5)
A determination, after investigation, that the applicant's moral
character or business responsibility is unsatisfactory.
B.
All persons whose licenses have been revoked shall have the right
of appeal to the Mayor and Council by filing a written request within
seven days to the Borough Clerk for such hearing. The Mayor and Council
shall, within 30 days after receipt of the request, hold a hearing.
At the conclusion of said hearing, the Mayor and Council shall affirm
or set aside the revocation of the license. The decision of the Mayor
and Council on such appeal shall be final and conclusive.
A.
A special event proprietor shall not permit a special event to commence
earlier than 9:00 a.m. or end later than 6:00 p.m. Notwithstanding,
setup and cleanup may be allowed by the Administrator at other times
as may be determined in his reasonable discretion. A concert may be
allowed by the Administrator at other reasonable times.
B.
A special event proprietor canceling any proposed special event shall
notify the Borough Clerk of any such cancellation as soon as is practical.
C.
Upon submission and approval of an application and the granting of
a special event proprietor license the Borough Clerk, if authorized
by the Mayor and Council, may designate said proprietor as its agent
for the purpose of accepting and reviewing applications for concessionaire
licenses.
D.
The special event proprietor or an agent thereof shall be present
at the site of the special event at all times on the date of its operation.
E.
A special event proprietor, when acting as the agent of the Borough Clerk, shall ensure that any applications and/or licenses are complete and are in compliance with the provisions of § 203-3B (Special event concessionaire license); § 203-4 (Applications); § 203-6 (Issuance; records; nontransferability); and § 203-10 (Sale of foods and beverages). A special event proprietor, when authorized to act as the agent for the Borough Clerk, shall collect the appropriate license fees as set forth in § 203-7 and shall be responsible for delivering said fees, completed applications, and a record of all special event concessionaire licenses sought to be issued to the Borough Clerk no less than seven days before the special event, except under exceptional circumstances, subject to the discretion of the Administrator.
F.
Police and security officers.
(1)
A special event proprietor may, in the discretion of the Administrator,
be required to employ off-duty Borough police officers or licensed
private security officers to be on duty while the special event is
open. Private security officers employed by the proprietor license
shall be duly licensed in accordance with the provisions of N.J.S.A.
45:19-8 et seq. and N.J.A.C. 13:55-1.1 et seq.
(2)
The Administrator, with the advice of the Chief of Police of the Borough, shall determine whether police officers are needed to control traffic at or in the vicinity of a special event and shall assign according to the usual practice the number of police officers required. The Administrator shall notify the proprietor of his determination, and the proprietor shall have the opportunity to appeal the decision to the Mayor and Council within 10 days of notification of such decision in the event that the proprietor contests the decision. A proprietor shall reimburse the Borough of Chester for expenses incurred by the Borough as a result of providing police officers of the Borough of Chester to perform functions relative to controlling traffic attributable to a special event in accordance with the provisions of Chapter 55, Police Department, Article II, Contracted Off-Duty Employment.
G.
A special event proprietor license issued hereunder shall be prominently
displayed at the location of a special event.
H.
A special event proprietor shall not allow anyone except a holder
of a concessionaire license to sell or display for sale any item of
tangible personal property.
I.
A special event proprietor shall not allow anyone to sell or display
for sale any item of tangible personal property or service unless
such person shall be licensed as a concessionaire and shall prominently
display at all times a valid concessionaire license.
J.
A special event proprietor shall post bond or other financial security
and proof of insurance for special events as a condition of such license.
K.
A special event proprietor shall, within 24 hours after the close
of operations, clean the site of the special event and adjoining areas
and roads of any debris, waste or trash.
L.
A special event proprietor shall provide adequate sanitary facilities
at the site of the special event and shall comply with the Board of
Health.
M.
If the special event is to take place on a public park, a proprietor
shall comply with and shall cause all concessionaires to comply with
the rules and regulations set forth by the Board of Recreation Commissioners
and such charges as may be established by said Board from time to
time.
N.
Nothing herein stated shall be construed to exempt any proprietor
or concessionaire under this chapter from complying with the requirements
of all other ordinances of the Borough, including but not limited
to zoning.
A.
A special event concessionaire shall not sell any foods, beverages,
ice cream, confections or related commodities without obtaining a
valid food handler's permit issued by the Chester Borough Board
of Health.
B.
A special event proprietor shall not rent or provide space to a concessionaire,
nor shall any proprietor approve any application or issue any license
to a concessionaire, who shall sell any foods, beverages, ice cream,
confections, or related commodities who does not possess a valid food
handler's permit.
C.
The equipment used or employed by any special event concessionaire
in the sale of ice cream, foods, beverages, confections and other
related commodities shall be maintained in a clean and sanitary manner
and shall be subject to inspection by the Board of Health or its authorized
agents in accordance with the provisions of this chapter and the ordinances
of the Board of Health of the Borough of Chester. Any violation found
and not immediately corrected shall be grounds for revocation of the
license.
No license shall issue to any individual, organization, or entity
who shall directly or indirectly exclude, withhold or deny any person
of any advantage, privilege, membership, or right, or otherwise discriminate
against said person on account of race, creed, color, national origin,
ancestry, marital status, or sex or otherwise as prohibited by law;
nor shall the Borough Clerk or his agent refuse to issue a license
on account of race, creed, color, national origin, ancestry, marital
status, or sex or otherwise as prohibited by law.
The following shall be exempt from all provisions hereof, except §§ 203-1, 203-2, 203-4, 203-5, 203-7, 203-8 and 203-9 with relation to violation of applicable sections hereof, violation of which shall be unlawful:
A.
Federal census takers and polls or surveys taken pursuant to federal,
state or local laws.
B.
Any veteran or volunteer fireman who holds a special license issued
pursuant to N.J.S.A. 45:24-9 and 45:24-10; provided, however, such
licensee shall notify, in writing, the Chief of Police of the Borough,
prior to any soliciting within the Borough, the dates and approximate
area in which such licensee intends to solicit. Such notification
shall also include the licensee's license number, date issued
and county where issued.
C.
Nonprofit organizations.
(1)
Any nonprofit, religious, charitable, civic or veteran organization,
service or club, or volunteer fire or first-aid company, that is located
in, has a substantial membership from, or provides substantial service
to the Borough or its inhabitants, soliciting, in its name or for
a bona fide not-for-profit purpose, money, donations, or financial
assistance of any kind or selling or distributing any item of literature
or merchandise for which a fee is charged and which sale or distribution
does not constitute a special event as defined herein; provided, however,
that said organization, service, club or volunteer fire or first-aid
company procures from the Borough Clerk a special permit by submitting
to the Borough Clerk an application containing:
(a)
Name and address of organization;
(b)
Purpose for which the special permit is requested;
(c)
Names and addresses of the officers and directors of the organization;
(d)
Period and place during which solicitation is to be carried
on; and
(e)
Name, address and position in the nonprofit organization of
the person making the application.
(2)
Upon being satisfied that such person, organization or association
is bona fide, the Borough Clerk shall issue a special permit and identification
cards, without charge, for the specified period.
D.
Any person engaged in any activity the purpose of which is to aid
or promote the nomination, election, or defeat of any candidate or
candidates for political office, or to aid or promote the passage
or defeat of the public question in any election, or which seeks to
influence the content, introduction, passage or defeat of any legislation.
Any person violating any of the provisions of this chapter shall be liable to the penalties stated in Chapter 1, General Provisions, Article III, General Penalty, which in no event shall be less than $500, and, upon conviction, shall forfeit such license issued hereunder and the right to renew such a license and shall be ineligible for the issuance of a license hereunder for a period of one year from the date of conviction.
A.
All licenses issued prior to the adoption of this chapter shall not
be affected by this chapter, but all subsequent license applications
must comply with all the provisions of this chapter.
B.
All persons not required to be licensed previously but who are required
by this chapter to apply for a license must obtain a license upon
its adoption.
