Nothing herein contained shall require any change in the plans,
construction or intended use of a building for which a building permit
has heretofore been issued and the construction of which shall have
been diligently prosecuted within six months of the date of such permit,
and the entire building completed according to such plans as filed,
within 15 months from the effective date of this chapter.
As used in this article, the following terms shall have the
meanings indicated:
GOODS
Any goods, warehouse merchandise or other property capable
of being the object of sale regulated hereunder.
PERSON
Individuals, partnerships, voluntary associations and corporations.
[Amended 4-29-2019 by Ord. No. 2019-3]
It shall be unlawful for any person to conduct a commercial sale as defined hereinabove in the Township of Berlin without first filing an application with the Township Clerk for this purpose and obtaining from the Township Clerk a license to conduct such sale or sales. The fee for such a license shall be as set forth in Chapter
156, Fees.
The information to be filed with the Township Clerk pursuant
to this article shall be as follows:
A. Name of person, firm, group, corporation, association or organization
conducting said sale.
B. Name of the owner of the property on which said commercial sale is
to be conducted, together with consent in writing by the owner, if
the applicant is other than the owner, provided, however, that where
the person requesting the license is a merchant under written lease,
no further written consent shall be required and the fact that there
is a written lease shall be so stated.
C. Attached to the application a copy of the current mercantile license
issued by the Township of Berlin.
D. The location at which the commercial sale is to be conducted.
E. The number of days of the commercial sale.
F. Whether or not the applicant has been issued any other vendor's license
by any local, state or federal agency.
G. An affirmation or sworn statement by the person signing the application
that the information provided is true and correct.
Commercial sales as defined herein shall be conducted between
the hours of 9:00 a.m. and 9:00 p.m. only, exclusive of set up and
removal time. Goods from the commercial sale shall not be permitted
to remain outside the premises after 9:00 p.m.
All persons are prohibited from making or displaying any sign
other than price signs of not more than 24 inches by 28 inches in
dimension in conjunction with the sale under this article unless otherwise
authorized by this chapter.
Provisions of this article shall not apply to or affect the
following persons or sales:
A. Persons selling goods according to an Order of Process of the Court
of competent jurisdiction.
B. Persons acting in accordance with their duties and powers as a public
official.
C. Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution organization, including the Boy Scouts and
Girl Scouts of America.
Any person, association or corporation conducting any commercial
sale or similar activity without being properly licensed for same
or who shall violate any of the other terms and regulations of this
article may have their mercantile license revoked by the Zoning Officer.
Such person shall also, upon conviction for any violation thereof,
be fined not more than $250 for each violation. Each day that such
sale or violation shall continue without being duly licensed shall
be considered a separate violation.