The purpose of this article is to regulate commercial sales
within the Township that are temporary or seasonal in nature and not
subject to site plan approval by an administrative agency. Because
such activities have an impact upon the Township's zone plan
but are not subject to the more rigorous provisions contained in the
Township's Site Plan Review Ordinance and Zoning Ordinance, the Township Committee finds it
necessary to impose certain conditions to protect the health, welfare
and safety of its residents.
As used in this article, the following terms shall have the
meanings indicated:
CONCESSIONAIRE
A person selling goods or services at a special event as
a vendor.
ENFORCEMENT OFFICAL
The Township Zoning Officer shall be the enforcement official.
Authority to issue violation notices shall also rest with the Township
Health Officer and any member of the Township Police Department.
SPECIAL EVENT
A sale, exhibit, festival, sports tournament or other event
conducted at a location in the Township by an organization devoted
exclusively to not-for-profit purposes.
TEMPORARY MOBILE MERCHANT
A merchant or vendor who chooses a specific location within
the Township upon which to erect a tent or stand or park a cart, wagon,
car, truck, or other type of vehicle from which to engage in merchandising
for a special event or at a specific site on a periodic basis. This
category shall include temporary, off-premises roadside stands established
for the purpose of selling vegetables, fruit or other farm products,
Christmas trees and any nonperishable goods. A temporary mobile merchant
or concessionaire must not have a vested interest in the location
and must have the written permission from the owner(s) of the location
to conduct the sale of the intended products.
No permit shall be issued to conduct sales as a temporary mobile
merchant or concessionaire unless the applicant satisfies the conditions
of this article and secures a temporary merchant certificate from
the Township Clerk.
All exemptions contained in Chapter
143, Article
I, of this Code shall apply to this article.
Any applicant denied a permit to operate as a temporary mobile
merchant or concessionaire may appeal to the Township Committee, which
shall have the authority to approve said permit upon suitable findings.
All temporary mobile merchants or concessionaires shall be subject
to the provisions of this article.
Any party who fails to comply with the provisions of this article shall be notified in writing by the enforcement official and shall remedy the violation within 24 hours of receipt of the written complaint. Any person who violates any provision of this article shall be subject, upon conviction, to the penalties provided in §
1-3 of this Code.