For purpose of this article, the following definitions shall
apply in the regulation and enforcement of itinerant vendor exhibits,
shows and sales:
Refers to the property at which place an itinerant vendor
exhibit or show is held for the purpose of displaying and selling
certain wares. For purposes of this article, "exhibit locations" are
those hosting facilities, such as banquet halls or parking lots, either
used for indoor or outdoor exhibits.
A person or organization which sponsors and/or displays goods,
wares or merchandise for sale to the public, whether inside or outside
an exhibit location facility. The term "transient merchant" is included
in this definition.
Refers to a person, firm, corporation or partnership of the
property at whose location an itinerant vendor exhibit is held for
the purpose of either displaying and/or selling certain goods, wares
or merchandise to the general public.
Any property owner, in hosting itinerant vendor exhibits and/or shows at the property owner's exhibit location with the Borough of Hawthorne, shall make application to the Clerk and complete and submit an application in the form prescribed by the Clerk for an itinerant vendor license. Such application shall be accompanied by a license fee as prescribed in Chapter 220, Fees, of the Code of the Borough of Hawthorne. The property owner, in addition to submitting the application to the Clerk, shall also obtain approval from the Fire Inspector and shall complete the necessary application forms prescribed by the Fire Inspector, as well as obtaining permission from the Building and Police Departments of the Borough. In addition, to the extent required, Board of Health approval for such activities shall be obtained and licenses, if any, displayed as required by law.
The property owner, in hosting itinerant vendor exhibits and/or
shows at the property owner's exhibit location, shall be required
to pay a fee of $200 per year in any given calendar year for the initial
event, and for each subsequent event being given by the same itinerant
vendor, the fee shall be $25 when an application is made to the Borough.
Any charitable, religious, civic or educational organization,
established as a not-for-profit organization under the laws of New
Jersey shall be exempt from paying any Borough license fee as it pertains
to the sponsorship of any itinerant vendor activities insofar as the
itinerant vendor activities are solely intended for the purpose of
raising funds for charitable, religious, civic or educational organization.
Nothing herein, however, shall exempt the not-for-profit organization
from making application for the necessary permits to be issued by
the Borough of Hawthorne and the applicable fire district.
Nothing herein shall permit any itinerant vendor or transient
merchant to utilize municipally owned or controlled property for purpose
of selling or peddling goods, wares or merchandise. To the extent,
however, that the municipality shall grant approval to any group or
entity for use of municipal property in such regard, the group or
entity shall comply with the terms of this section but shall be exempt
from payment of any fee.
This article shall be enforced by the Clerk, with the assistance
of the Police and Building Departments.
Any person, firm or corporation violating any of the provisions
of this article shall be subject to a fine not exceeding $2,000 or
to imprisonment for a term not exceeding 90 days, or both. Each and
every violation of this article or each and every day that any violation
shall be permitted to continue shall be construed as a separate and
distinct violation hereof. The Police Department is specifically designated
as the enforcement officers to serve and execute process for violation
of this article.
