Township of Long Beach, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Long Beach 7-7-2000 by Ord. No. 00-6C. Amendments noted where applicable.]
The term "sidewalk sales" shall mean the sale, exchange or display for sale of stock of goods, wares, commodities or merchandise conducted on or about lands and premises owned or controlled by a retail facility in a permitted commercial zone.
Sidewalk sales as hereinabove defined shall be permitted only in accordance with the terms of this chapter.
A. 
It shall be unlawful for any person, firm, partnership or corporation to conduct any sidewalk sale within the Township of Long Beach without first making application on forms provided to the Municipal Clerk of the Township of Long Beach for a license to conduct such sale. Application shall be made at least one week prior to conduct of such sale, and the application shall be accompanied by a fee of $25.
[Amended 4-2-2004 by Ord. No. 04-09C]
B. 
Each retail facility shall be permitted three licenses in any calendar year within the following time frame:
(1) 
One sale of no more than two consecutive calendar days during the months of July and August.
(2) 
Two sales of no more than three consecutive calendar days each for the balance of the calendar year.
C. 
The application for any such license shall contain the following information:
(1) 
The name and address of the applicant.
(2) 
The name and address of the owner of the property at which the sale is to be conducted, if different from the applicant.
(3) 
The location of the property at which the sale is to be conducted and a description of the merchandise and display thereof.
(4) 
The date or dates proposed for the conduct of the sale and proposed alternative rain/storm dates.
(5) 
The date and location of any past sales conducted by the applicant.
(6) 
A description of any other past sales conducted by the applicant.
(7) 
A certification that the statements conducted in the application are true.
All sales shall be conducted between the hours of 8:00 a.m. and 9:00 p.m. No merchandise shall be displayed on the sidewalk other than during the permitted hours of sale.
No signs for advertising or soliciting customers for the sale shall be placed other than on the lands licensed for the conduct of the sale. A single sign, double-faced so that the legend is legible from either side, not exceeding two feet by two feet overall dimensions, including trim, shall be permitted. The sign may be placed on the site no more than five days prior to the sale and must be removed by 9:00 p.m. on the last day of the sale.
No food stuffs shall be offered for sale. All merchandise, goods, wares or commodities shall be displayed in such a way so as to ensure that all public rights-of-way and sidewalks shall remain open to the public. All such items shall be properly anchored so as to ensure stability in wind and other natural forces. Parking areas cannot be used for the sale if such use reduces the number of parking spaces required within the township ordinance or in any site plan approval. The use of tents is prohibited unless a permit is obtained from the Township Construction Code Official.
This chapter shall be enforced by the Zoning and/or Code Enforcement Officer, or designee of the Township of Long Beach, as well as by the Long Beach Township Police Department. Where any sale is taking place in violation of this chapter, the Zoning Officer, Code Enforcement Officer or designee of the Township of Long Beach or the members of the Long Beach Township Police Department shall immediately order the sale to cease and desist and, in the event of a failure to cease and desist, all persons continuing to operate the sale or participate therein shall be deemed guilty of a violation of this chapter.
A violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty.