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:
Any goods, warehouse merchandise or other property capable
of being the object of sale regulated hereunder.
Individuals, partnerships, voluntary associations and corporations.
All sales entitled "sidewalk sales," "bargain sales," "holiday sales" or other occasional sales conducted wholly or partly by any mercantile license holder from or at a place of business wherein such sale would otherwise be permitted by this chapter or by Article XXI, Nonconforming Uses, of this chapter.
[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.
A.
An application for a license shall be made at least 20 days prior
to a commercial sale as defined hereinabove. Upon the approval of
the application a license shall be issued by the Township Clerk's
office for this purpose. Said license shall be issued for not more
than 10 days in duration unless an extended time period is approved
by the Mayor and Township Council. No person shall be entitled to
more than five licenses during a twelve-month time period. No license
shall issue for a period to commence within 15 days of the termination
date of any previously issued license.
B.
Any license issued under this article must be permanently displayed
on the premises upon which the commercial sale is being conducted
during the entire period of the sale.
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.
A.
This article shall be enforced by the Township Zoning Officer. It
shall be the duty of the Zoning Officer to investigate violations
of this article which come to his attention. It shall be the duty
of the Township Police Department to bring to the attention of the
Zoning Officer for investigation any violation of which the Police
Department becomes aware during the course of its normal duties.
B.
The licensee, owner or tenant of the premises on which commercial
sales or activities are conducted shall be jointly and severally responsible
for the maintenance of the area, the continuing order and decorum
of the premises, during all hours of such commercial sale or activity.
No such person shall permit any loud or boisterous conduct on said
premises nor permit the display or placing of goods so as to cause
an impediment of the safe and reasonable passage of pedestrians or
other traffic on any public or quasi-public walkway, sidewalk, road
or street where such commercial sale is being conducted. No street
or vehicle passageway shall be blocked by any merchandise offered
for sale. At a minimum, a two-foot passageway for pedestrians on sidewalks
shall be left open and goods shall be securely placed so as not to
endanger passersby. Music or sound amplification equipment is not
permitted unless approved as part of the license application. All
persons shall obey the reasonable orders of any member of the Police
or Fire Department of the Township of Berlin in order to maintain
the public safety and welfare of the community.
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.
