[HISTORY: Adopted by the Board of Trustees of the Village
of Monroe 5-1-2012 by L.L. No. 2-2012. Amendments noted where applicable.]
Sidewalk sales are prohibited in the Village of Monroe unless
a permit has been submitted to and issued by the Building Inspector.
As used in this chapter, the following terms shall have the
meanings as indicated:
An occasional, temporary outdoor display of retail merchandise
or services on any portion of the sidewalk, front area or adjacent
area immediately adjacent to the retail establishment located in any
nonresidential district for the exhibition or sale of goods or services
associated with that establishment.
A.
Purpose. The purposes of this section are as follows:
(1)
To provide for occasional, temporary display and sales of retail
merchandise and services on the exterior grounds of a permitted principal
retail use within a nonresidential district within the Village;
(2)
To provide additional opportunities for retail businesses to highlight
merchandise and services and, thus, strengthen the overall business
economy within the Village; and
(3)
To ensure that the frequency, duration and location of temporary,
occasional outdoor display and sales of retail merchandise and services
does not result in significant negative impacts upon adjacent uses
or the public at large.
B.
Criteria for sidewalk sales. Sidewalk sales do not require a site
plan approval, but require a permit issued by the Village Building
Department, which shall be subject to the following criteria:
(1)
The business that will conduct the sidewalk sale shall be a permitted
principal use.
(2)
Sidewalk sales shall only be permitted in nonresidential zones.
(3)
Sidewalk sales shall take place on the same premises/lot as the permanent
business to which it is related. Only those goods and services normally
sold by the permittee shall be displayed or sold during a sidewalk
sale.
(4)
Sidewalk sales shall not continue for more than three consecutive
days under one permit. All sales shall be between the hours of 8:00
a.m. and 9:00 p.m.
(5)
No more than four sidewalk sale permits will be issued to any one
merchant during any calendar year.
(6)
Tents shall be permitted at a maximum size of 10 feet by 10 feet.
(7)
Sidewalk sales shall conform to the following site control regulations:
(a)
Merchandise, temporary structures or other elements related
to a sidewalk sale shall be located no less than 20 feet from a residential
property line.
(b)
Merchandise, temporary structures or other elements related
to a sidewalk sale shall not be located in such a manner as to create
a minimum clearance that is less than four feet for pedestrian travel
on walkways.
(c)
No merchandise shall ever be displayed on the street or roadway
and no parking shall be obstructed.
(d)
Normal ingress and egress to and from the merchant's store or
premises shall not be impaired.
(e)
Only one sign or banner is permitted and shall not exceed 32
square feet in area and shall create no interference with visibility
at intersections by placement of the sign.
A.
Permits must be conspicuously displayed on the exterior of the premises
at all times during the sidewalk sale.
B.
No permit shall be issued to any merchant whose business is not located
within the Village of Monroe.
C.
No permit shall be sold or otherwise transferred for use by anyone
other than the person or business named on the permit.
D.
Each individual merchant must apply for and obtain a permit.
E.
Upon issuance of a permit, the Building Inspector shall file a copy
with the Village Police Department.
Any person or business found guilty of violating any provisions
of this section shall be subject to a fine not more than $100 for
the first offense. Second, subsequent or continuing violation shall
result in a mandatory fine of $500. Whoever violates any provision
of this chapter shall pay restitution to the Village of Monroe in
an amount equal to all costs and expenses, including reasonable attorney's
fees, incurred by the Village in the prosecution of this chapter.
The provisions of this chapter shall be enforced by either the
Building Department, the Police Department of the Village of Monroe
or other officials designated by the Village Board.