[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:
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.
