Borough of Chester, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Chester as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch. 116.
Fees — See Ch. 127.
Land development and procedures — See Ch. 163.
Business permits — See Ch. 180.
Outdoor seasonal seating — See Ch. 189.
Special events and vendors — See Ch. 203.
Closing of streets — See Ch. 205, Art. VI.
[Adopted 10-4-2011 by Ord. No. 2011-17]

§ 178-1 Purpose.

There shall be created a business license for existing registered businesses in the Borough of Chester which would permit such a business to temporarily deviate from its approved site plan to occasionally promote itself, a cause, holiday, event, or charity, and to assure that such business thereafter fully complies with its site plan.

§ 178-2 License.

Any business within the Borough which has a valid business license pursuant to Chapter 180, Permits, Business, of this Code, may seek issuance of a special business license from the Zoning Officer and/or Borough Clerk. The special license shall be granted for no more than two consecutive days.

§ 178-3 Application.

A. 
The Borough Clerk shall prepare an application form for a special business license, which shall be available at the office of the Zoning Officer.
B. 
The Application shall require the following:
(1) 
The name, address, and telephone number of the applicant;
(2) 
The name, address, and telephone number of the business owner or operator;
(3) 
The proposed date(s) of the promotion, which shall not exceed two consecutive days;
(4) 
The purpose of the promotion.
(5) 
A description of the promotion and the hours of its duration on the specified date(s);
(6) 
A description and location of all methods of on-site advertising to be employed, including but not limited to the use of signs, banners, balloons, streamers, flags, displays, inflatables, and the like;
(7) 
A description and location of any activity to occur outside the business structure, including but not limited to demonstrations, displays, tables, performances;
(8) 
Submission of a site plan or site drawing depicting where the methods of advertising and outside activities are to be conducted; and
(9) 
Such other information which the Borough Clerk and/or Zoning Officer may deem appropriate.
C. 
The Zoning Officer shall review the application for completeness, and make recommendations to the Borough Clerk to ensure that the promotion does not interfere with the flow of pedestrian and vehicular traffic, or the safety of the citizens. The Zoning Officer in its discretion may seek the review of the application by the Chief of Police or such other officers of the Borough as the Zoning Officer may deem appropriate.
D. 
The Borough Clerk shall submit the application and its recommendation to the Mayor and Council for consideration at the next regular meeting of same.

§ 178-4 Limitations.

Special business licenses may be issued subject to the following limitations:
A. 
No business may be issued more than four special business licenses per year.
B. 
No license under this article may be issued for a promotion to take place on the day of a special event licensed pursuant to Chapter 203 of this Code.
C. 
No license under this article may be issued to a business which does not have a valid business license pursuant to Chapter 180, Permits, Business, of this Code.
D. 
No license under this article may be issued without completion, submission and approval of an application for a special business license, and payment of the required fee as set forth in Chapter 127, Fees.
E. 
No promotion approved for a special business license may use the sidewalk immediately in front of its business for the promotion unless there is a minimum of five feet of unobstructed clearance maintained for pedestrian traffic, but in no case shall the promotion use more than 50% of the total width of the sidewalk.
F. 
No promotion approved for a special business license may use any portion of the roadway, public parks or municipal property, with the exception of the sidewalk as set forth above.
G. 
No promotion issued a special business license may use more than 50% of its off-street parking area for non-parking purposes.
H. 
For a period of seven days before a promotion permitted by a special business license granted hereunder, the applicant may use a temporary sign(s) or banner(s) the combined square footage of which shall not exceed 15 square feet, to announce the upcoming promotion. Such temporary signage shall be removed within 24 hours of conclusion of the promotion. Placement and location of such signage shall be subject to the prior approval of the Zoning Officer, and may only be granted to an applicant who has been issued a license under this article.
I. 
The Zoning Officer shall have the authority to monitor the promotion and immediately suspend the special business license if the activities deviate from the approved application, or in the interest of public safety.

§ 178-5 Enforcement.

This article shall be enforced by the Police Department, Zoning Officer, Municipal Engineer and/or Construction Official of the Borough of Chester.

§ 178-6 Violations and penalties.

Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine as set forth in § 1-17 of the Code of the Borough of Chester.