[HISTORY: Adopted by the Council of the Borough of Fair Lawn 3-27-2001 by Ord. No. 1842-2001. Amendments noted where applicable.]
Sales — See Ch. 183.
There are hereby established procedures, rules and regulations governing the licensing of Fair Lawn sidewalk sales in the business districts of the borough.
As used in this chapter, the following terms shall have the meanings indicated:
- PERMITTED SIDEWALK SALES
- Sidewalk sales are permitted on sidewalk sale days, designated by the Mayor and Council, by any retail or commercial establishment where goods or services are sold upon the public right-of-way, namely, the sidewalks immediately in front of any place of business where the goods or services are sold. Sidewalk sales are only permitted on the designated sidewalk sale days and only to the retail or commercial licensees who have obtained a license pursuant to this chapter.
- That area of the public right-of-way reserved for the pedestrian traffic from the curb to the front line of the building housing the retail or commercial establishment.
It shall be unlawful for any person, firm, partnership, corporation, association or organization of any kind (hereinafter collectively referred to as "person") to create, establish, operate, maintain or otherwise be engaged in the business of conducting a sidewalk sale upon the sidewalks of the Borough of Fair Lawn unless such person shall hold a currently valid permit issued pursuant to the terms of this chapter.
No permit shall be issued hereinunder unless the permittee shall demonstrate that a minimum of four feet of unobstructed sidewalk surface will be available for pedestrian traffic around or through such sidewalk sale and that such sale be directly in front of a retail or commercial establishment. The term "directly in front of shall be construed to mean the area represented by an extension of such side of the store occupied by the retail or commercial establishment projected directly to the curbline immediately in front thereof.
Application for the permit shall be made to the Building Department not less than 30 days in advance of the designated sale date and shall be signed by the applicant. The application shall contain the following information:
The name, residence address and telephone number of each individual, owner, partner or, if a domestic corporation, the names, residences, addresses and telephone numbers of the directors and officers owning a ten-percent-or-greater interest in the corporation and the chief operating executive of the corporation and, if a nondomestic corporation, the name, residence address and telephone number of the managing officer for service of process within the State of New Jersey.
A copy of the trade, corporate, business or fictitious name upon which the applicant intends to do business pursuant to this chapter.
The name and address of the person owning the premises, if other than the applicant, and the consent of the owner of the premises to the application.
There shall be no fee charged by the borough for this application and permit.
The Building Department shall accept an application for the permit by the applicant if it contains original signatures, contains facsimile signatures pursuant to an application being faxed to the Building Department or contains electronic mail signatures pursuant to the Electronic Signature Act of 2000. In the event the Building Department accepts a permit application for review and it contains either a facsimile or electronic mail signature, the applicant shall be required, thereafter, to present to the Building Department an application with an original signature within seven days thereafter. The Building Department shall review without delay the application pursuant to § 192-6 hereof if the application contains either an original signature, facsimile signature or electronic mail signature.
The Building Department will review the application for completeness and compliance with the terms of this chapter. If the application is complete, the Building Department will act upon same within five business days of the submittal of the application. If the application is not complete, the Building Department will so notify the applicant within five business days of the submission and specifically detail the area in which the application lacks compliance with the requirements of this chapter. The applicant shall have five days to correct any deficiency in the application. If the applicant fails to do so, the application shall be deemed rejected.
If the application complies with this chapter, the Building Department shall issue a permit strictly subject to the terms and conditions of this chapter. The applicant shall prominently post the permit on the premises immediately contiguous to the sidewalk area being utilized by the applicant pursuant to the permit so that it is plainly visible from the sidewalk and the street which is immediately contiguous to the sidewalk in front of the applicant's premises which are covered by the permit.
No permit required by this chapter shall be granted to any person to operate a sidewalk sale until such person shall have filed with the Borough of Fair Lawn an indemnification agreement wherein the applicant agrees to defend and indemnify the Borough of Fair Lawn, its agents, servants, representatives or employees from any or all claims, damages, judgment costs or expenses, including attorneys' fees, which they or any of them may incur or be required to pay because of any personal injury, including death, or property damage suffered by any person or persons as a result of or related in any way to the operation and maintenance of the sidewalk sale for which the permit is issued. The form of the indemnification agreement is attached hereto and made a part hereof as Schedule A.
Editor's Note: Schedule A is on file in the borough offices.
No vending machines of any kind are permitted on the exterior of any building operating a sidewalk sale.
The permittee agrees at the end of the permit period, or in the event the permit is revoked, that the permittee, at his/her own cost and expense, will vacate the sidewalk space and promptly remove the property placed thereon. Failure to do so shall immediately grant to the Borough of Fair Lawn the right to remove any property on the sidewalk, and the permittee agrees to reimburse the Borough of Fair Lawn for the cost of removing and storing same. Permittee shall also, at the end of the permit period, clean up all debris, display boxes and any other material, garbage or litter from the sidewalk space utilized by the permittee during the sidewalk sale and shall return it to the condition that it was immediately preceding the sidewalk sale.
The permit granted herein shall only permit the sale of goods, articles or merchandise which are customarily or usually sold by the permittee in the permittee's retail or commercial establishment to which the sidewalk sale area is immediately contiguous as defined in § 192-4 hereinabove. The permit granted herein shall not relieve the permittee from obtaining any and all permits required by any other ordinance, state statute, rule or regulation, including but not limited to food products, tobacco or any other regulated items.