Township of Hamilton, NJ
Mercer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Hamilton Ch. 114 of the 1994 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 215, § 215-1.
Licenses and permits — See Ch. 285.
Peddling and soliciting — See Ch. 349.
Land development — See Ch. 550.
Any person who offers for sale any item shall be required to obtain a license from the Municipal Clerk unless:
A. 
The person operates, year-round (12 months), an established place of business in the Township.
B. 
The products produced on the vendor's land are sold from the residential property of the vendor.
C. 
The products sold are personal items which have been in the vendor's possession for a minimum of six months, from an established place of residency, yet not beyond the limits of the vendor's property.
Application for a license under this article shall be made to the Municipal Clerk and shall include the following information:
A. 
The name and address of the applicant.
B. 
The address and a description of the area where the sale is to take place.
C. 
A sales tax certificate issued by the State Division of Taxation for the premises.
D. 
The days of the week and the hours of the day during which the licensed activity will be conducted.
A copy of the application for a license under this article shall be forwarded to the Planning Division. The Planning Division shall investigate and examine the proposed licensed premises. Within seven working days, it shall send the Municipal Clerk's office its report, which shall indicate its approval or disapproval of the application, based upon the requirements of Chapter 550, Land Development. The Municipal Clerk shall abide by the decision of the Division of Planning.
A. 
There shall be a fee as set forth in Chapter 215, Fees, of the Township Code, for a license issued under this article.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The following are exempt from paying the assigned fee:
(1) 
Civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare.
(2) 
Fraternal beneficiary societies, orders or associations.
(3) 
Religious and apostolic organizations.
All licenses issued under this article shall expire November 30 of each year.
The license issued under this article shall be prominently displayed at the location of the sale.
The Township may revoke a license issued under this article if it finds that the licensee has violated the regulations enumerated in Chapter 550, Land Development, or this article, or the provisions of § 285-10.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)[1]]
[1]
Editor's Note: This article was previously codified as Sec. 160-312(l), Annual sale of Mother's Day and Easter flowers and Christmas trees, wreaths, blankets, flowers, laurel, poinsettias, etc., of the 1994 Code of Ordinances.
Annual sale of Mother's Day and Easter flowers and Christmas trees, wreaths, blankets, flowers, laurel, poinsettias, etc. The annual sale of the aforementioned items shall not be permitted at temporary locations unless done in compliance with the following procedures and specifications.
An application must be made to the Township Clerk for a license.
The applicant must sign an affidavit attesting to the fact that this site and temporary business meets the following performance standards:
A. 
Adequate off-street parking of a dust-free nature is provided at a ratio of one space per every 400 square feet of space devoted to the display and sale of the aforementioned items.
B. 
Hours of operation will be limited to from 9:00 a.m. to 9:00 p.m.
C. 
No off-site sign will be erected directing the public to the place of sale.
D. 
Only one on-site sign six square feet in area will be erected. It shall be located no closer than 10 feet to the right-of-way.
E. 
Sales will begin no sooner than two weeks prior to Easter and Mother's Day and from December 1 to December 25 for Christmas.
F. 
Temporary sales will not occur at any other time of the year.
G. 
Cleanup and dismantling of temporary sales paraphernalia will be completed within five days after the holiday is over.
H. 
There will be no adverse impacts to the health, safety or welfare of the neighboring community as a result of the proposed activity.
These procedures and specifications do not apply to any existing continuously operated business, whose:
A. 
Principal permitted utilization of the land is associated with the raising and/or sale of agricultural or nursery products.
B. 
Property received site plan approval from the Planning Board or Zoning Board of Adjustment for the indoor sale of commercial products similar in nature to or permitted by this article.
C. 
Property has received conditional use approval from the Planning Board as a roadside stand for farm and nursery products, which also mentioned as part of the application the sale of the aforementioned products.
Any nuisances associated with any approved site which jeopardize the health, safety and welfare of the community shall be eliminated within 24 hours from the time the business is notified of the nuisances by the Township. Violation of this or other conditions will result in a fine up to $500 per day for each violation and possible revocation of the license.