[HISTORY: Adopted by the Mayor and Council of the Borough of Somerdale 6-9-1993 by Ord. No. 93:09. Amendments noted where applicable.]
No person or business entity shall engage in or carry on any seasonal business or trade involving the outdoor sales of such seasonal products as Christmas trees, Christmas wreaths, Easter flowers, Halloween pumpkins and the like in the Borough of Somerdale, nor aid or assist an employee, Clerk or other person in carrying on such business or in using any stand, store or other place or thing, nor sell or offer for sale any goods or things for which a license is required by the terms of this chapter, unless a license as herein provided for shall have been first obtained therefor by said person or business entity engaging in said seasonal vending business or trade.
Application for a seasonal vending license shall be obtained from the Borough Clerk of the Borough of Somerdale, New Jersey, and the application for such a license, when completed, shall specifically name the person, firm or entity to which the license is to be granted, the location at which such business or trade is to be carried on and the time period for which the license is to be granted. The application, when completed, shall further provide detailed information respecting such person, firm or entity and said seasonal vending business or trade.
All new seasonal vending businesses shall submit the completed application to the Borough Clerk of the Borough of Somerdale, who shall forward this application to the Zoning Officer of the Borough of Somerdale, at which time investigation shall be made, as deemed necessary by the Zoning Officer of the Borough of Somerdale. The Zoning Officer shall forward any recommendations with respect to said application to the Chief of Police of the Borough of Somerdale, who shall conduct or cause to be conducted an investigation thereon. The Chief of Police shall make a written report of his investigation findings and shall forward the complete application package to the Mayor and Council, who may, in its discretion, conduct a hearing with respect to any such findings prior to approval. No seasonal vending license shall be issued except pursuant to the authorization and approval of the Mayor and Council of the Borough of Somerdale. The Mayor and Council shall not approve such application if, on the basis of past criminal record of the applicant or of the principals of a corporate applicant or on the basis of other evidence of bad character or morals or prior dishonest or fraudulent business practices, the Mayor and Council shall determine that the granting of approval or renewal of such license would tend to encourage or permit criminal or immoral activities within the Borough of Somerdale.
The license fees to be paid, as above provided, to the Borough of Somerdale for conducting any seasonal vending businesses or trades at the place designated in the license certificates issued therefore and for the times so indicated shall be as set forth in the current Fee Ordinance.
Editor's Note: The current Fee Ordinance is on file in the Borough Clerk's office.
No person or persons shall be allowed to transact any seasonal vending business under any license granted under this chapter except for the seasonal vending business and products for which said license was specifically granted.
No seasonal vending license shall be issued, nor shall any such seasonal vending license be renewed, to any person or entity who has not complied with the laws of the State of New Jersey or the ordinances of the Borough of Somerdale, including any regulations respecting the safety of the persons who may have occasion to use the premises or place to be licensed, nor shall a license be issued or renewed unless the premises or place to be licensed is current in any local real property taxes or assessments for local improvements by the submission of proof that no local real property taxes or assessments for local improvements are due or delinquent on the property for which the license application is made.
In the event that any licensed person or entity fails to comply with such laws and ordinances after due notice and opportunity to be heard, the Mayor and Council may revoke such license.
No seasonal vending license provided for by this chapter shall be transferred from one person or entity to another person or entity, and no seasonal vending license shall cover any other place of business than that for which it was issued, and no seasonal vending license shall cover any time period than that for which it was issued.
Any repetition of any violation of this chapter shall be deemed a new offense.