[HISTORY: Adopted by the Council of the Borough of Fair Lawn 3-27-2001
by Ord. No. 1842-2001. Amendments noted where applicable.]
GENERAL REFERENCES
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:
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.
A.Â
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:
(1)Â
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.
(2)Â
A copy of the trade, corporate, business or fictitious
name upon which the applicant intends to do business pursuant to this chapter.
(3)Â
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.
B.Â
There shall be no fee charged by the borough for this
application and permit.
C.Â
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.[1]
[1]
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.
