For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- CHRISTMAS SALE
- The sale of Christmas trees and related items for the Christmas season, held where said goods are sold or displayed in the open air.
- CLOSEOUT SALE
- Includes, but shall not be limited to, the sale, or an offer to sell, to the public, goods, wares, and merchandise of any and all kinds and description on hand in stock in connection with a declared purpose, as set forth by advertising, on the part of the seller that such sale is anticipatory to the termination, closing, liquidation, revision, winding up, discontinuance, conclusion or abandonment of the business in connection with such sale. It shall also include any sale, advertised to be an adjustment sale, creditor's sale, executor's sale, administrator's sale, insolvent sale, insurance salvage sale, mortgage sale, assignee's sale, adjustor's sale, receiver's sale, loss-of-lease sale, forced-out-of-business sale, removal sale, and any and all sales advertised in such manner as to reasonably convey to the public that upon the disposal of the stock of goods on hand, the business will cease and be discontinued.
- FIRE AND OTHER ALTERED GOODS SALE
- A sale held out in such manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means.
- FLEA MARKET
- An open air sale involving multiple vendors selling a variety of goods on a common property.
- Includes any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.
- GRAND OPENING SALE
- A sale where a new line of goods is offered to the public of any kind and all descriptions, whether in the new opening of a store or in the introduction of a new line of goods.
- NONPROFIT ORGANIZATION
- Is defined to mean any organization recognized as a nonprofit organization by the Internal Revenue Code.
- OPEN-AIR SALE
- Any sale, such as a parking lot sale, sidewalk sale or any sale where goods are displayed and/or sold in an unenclosed area such as the sidewalk or parking lot on premises of the seller.
- Includes an individual, association, partnership or corporation.
- PUBLISH or PUBLISHING or ADVERTISEMENT or ADVERTISING
- Any and all means of conveying to the public notice of sale or notice of intention to conduct a sale, whether by word of mouth, letter, newspaper advertisement, magazine advertisement, handbill, written or printed display, billboard display or poster, whether in or away from the business location, radio announcement and any and all other means, oral or written.
- REMOVAL OF BUSINESS SALE
- A sale held out in such manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock of goods on hand and will then move to and resume business at a new location or will then continue business from other existing locations.
It shall be unlawful for any person to publish, announce or conduct any sale of the type or kind herein defined without first obtaining a license therefore in compliance with the provisions of this ordinance. No license shall be issued for an open air sale unless sponsored by a nonprofit organization or as otherwise permitted by this ordinance and with the exception of a flea market or Christmas sale all participating displayers or sellers shall own or lease permanent premises within 25 feet of the place where the outdoor display or sale will be conducted and shall consist of merchandise normally sold by the displayer or seller.
A person desiring to conduct a sale regulated by this ordinance shall make written application to the Township Zoning Officer setting forth and containing the following information:
The true names and addresses of the owners of the goods to be the object of the sale.
A description of the place where such sale is to be held.
The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy.
The dates of the period of time in which the sale is to be conducted.
The means to be employed in advertising said sale, together with the proposed content of any advertisement.
A complete and detailed inventory of the goods to be sold at said sale is disclosed by applicant's records. Said inventory shall be attached to and become part of the application.
A complete and detailed inventory shall not be necessary in applications for a grand opening or flea market sale. A flea market sale shall list the names of the participating vendors together with an indication of the type of wares intended to be sold.
All applications shall contain a hold harmless clause running to the Township. In the event that any sale will occur within any part of the right-of-way of the Township, evidence of insurance shall be submitted with the application in an amount deemed sufficient by the Township Zoning Officer.
All applications shall be co-signed by the property owner or his authorized agent. When the owner is not signed personally, the authority of the agent must be in writing.
For nonprofit organizations, a copy of the IRS tax exemption certification shall be submitted.
[Amended 3-24-2009 by Ord. No. 2009-2; 10-26-2010 by Ord. No. 2010-24; 11-9-2010 by Ord. No. 2010-31]
Any applicant for a Christmas Sale license hereunder shall submit to the Zoning Officer, with his application, a license fee of $200 together with a refundable deposit of $500 which shall be returned upon cleaning and restoring of the site and compliance with such other conditions which may be provided with the license; except that the $200 fee shall be reduced to $50 for a permit issued to an organization that has a 501(c)(3) exemption issued by the IRS.
The Township Zoning Officer shall have the following duties:
To receive applications for all licenses hereunder and process the same as required herein. No application shall be accepted by the Township Zoning Officer unless submitted a minimum of one calendar week prior to the sale event.
After the receipt of all fees and charges and reports required by the nature of the application, to refer the application, with the required attachments to the Chief of Police for review and approval.
In the event of favorable action by the Township Chief of Police to issue the license, provided that all regulatory fees and charges and municipal taxes, if any, pertaining to the licenses have been paid.
To keep all records pertaining to said licenses, licensees and agents.
To establish the application forms for issuance of all licenses hereunder, including, where desired, a requirement that said application be executed under oath, and establish procedures for processing to minimize duplication.
In considering the application, the Zoning Officer may grant or deny a license dependent upon whether or not the applicant can show good and proper traffic patterns, sufficient parking to handle the sale traffic, that there will be no impairment of the general welfare and that the health, safety and welfare of the public will not be adversely affected.
Where the sales are to take place in the parking lot outside the premises, in front of the premises or in an area contiguous to the premises, the applicant shall submit to the Zoning Officer a plot plan detailing the name and title of the applicant; all dimensions of setbacks, side yards, and rear yards; landscape area; the size, kind and location of fences; the size and type of plant material; the location and dimensions of all signs and exterior lighting; the location of existing and/or proposed principal building and all accessory structures; a proposed plan for traffic control, parking of cars, public safety; and the area where the sale is to take place.
Closeout and grand opening sales. The license shall authorize the sale described in the application for a period of not more than 30 consecutive days following the issuance thereof.
All other sales. The license shall authorize the sale described in the application for a period of not more than three consecutive days following the issuance thereof. Such license shall be renewed, in the discretion of the Zoning Officer, for an additional period of time not exceeding three days, upon application being made for such renewal, which application must be accompanied with a revised inventory showing the items listed on the original inventory remaining unsold and not listing any goods not included in the original application and inventory.
Christmas sales. The license shall authorize the sale for a period of not more than 45 days commencing November 15 in any one year.
The license shall authorize only the type of sale and goods for sale described in the application at the location named therein.
Any license provided for herein shall not be assignable or transferable.
A licensee hereunder shall:
In the case of closeout sales, make no additions whatsoever during the period of the licenses sale to the stock of goods set forth in the inventory attached to the application for license.
Refrain from employing any untrue, deceptive or misleading advertising.
Conduct the licensed sale in strict conformity with any advertising incidental thereto.
Keep any other goods separate and apart from the goods listed in the filed inventory as being objects of sale and make such distinction clear to the public by placing tags on all inventoried goods in and about the place of sale, apprising the public of the status of all such goods.
Display the license in a prominent place on the window of the premises where the sale is to be held so that it is clearly visible from the exterior of said premises.
Keep suitable books and records at the place of sale and make the same available for inspection by the Zoning Officer or his authorized representatives.
Make provisions for security and traffic control shall as determined by the Chief of Police whose decisions shall be attached to license as a condition of approval.
No off-tract signage will be permitted.
The provisions of this chapter are intended to augment and be in addition to the provisions of other applicable licensing ordinances of the Township.
Where this section imposes a greater restriction upon persons, premises, businesses or other practices than is imposed by any other licensing ordinance of the Township, then this section shall control.
Upon the death of the person doing business in this Township, his or her heirs, devisees or legatees or executors or administrators shall have the right to apply at any time for a license under this section.
Any person who has held a sale, as regulated hereunder, at the location stated in the application, within one year last past from the date of such application shall not be granted a license for the same type or promotion or sale, except that a person may receive one additional license for a different type of promotion or sale within the aforesaid one-year period so long as that promotion or sale is different in kind from the first license granted.
Where a person applying for a license hereunder operates more than one place of business, the license shall apply only to the one store or branch specified in the application, and no other store or branch shall advertise or represent that it is cooperating with it, or in any way participating in the licensed sale, nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the licensed sale.
Sales may take place in front of premises, in the parking lot outside premises or in any approved contiguous area to premises, but only for time specified in license and thereafter, sales shall return within confines or regular sales area.
The following provisions of this chapter shall not apply to or affect the following persons:
Purposes. The sidewalk cafe regulations as established by this section are designed to permit sidewalk cafes to be established on public property in locations where they are determined to be appropriate by these regulations and all applicable related ordinances established to promote and protect the public health, safety and general welfare.
These general purposes include the following specific purposes: To insure that adequate space is provided for pedestrian circulation through areas where sidewalk cafes are established and to insure adequate access to adjoining properties and businesses.
To encourage the establishment of sidewalk cafes as one means of developing a pleasant and distinctive shopping atmosphere.
- SIDEWALK CAFE
- The extension of the services of an existing restaurant preparing and serving foods for consumption within an existing building, to the extent that food is permitted to be served and consumed at tables placed on the public sidewalk adjacent to and within the confines of the frontage of that portion of the building in which the restaurant is situated. A sidewalk cafe may contain readily removable tables, chairs, temporary railings and planters but shall be otherwise unenclosed by fixed walls and open to the air except for retractable awnings, umbrellas or other nonpermanent covers provided such covers do not interfere with pedestrian circulation.
License required. Any person, firm or corporation may operate a sidewalk cafe (hereinafter called a "cafe") within the Township of Pequannock in any zone in which a restaurant use is permitted on the sidewalk adjacent to an existing restaurant operated by such person, firm or corporation upon obtaining a license from the Planning Director. Such license shall allow the operation of a cafe from April 1 up to and including November 1 of any calendar year and may be renewed annually.
Application Procedures, Requirements and Fee.
Application and fee. Each applicant for a license shall submit a letter of application together with three copies of a development plan for the cafe and a nonrefundable fee of $100 to the Planning Director. The letter of application shall state the name and address, of the applicant, the property owner if other than the applicant, the person preparing the development plan and the written authorization of the owner of the property to submit the application if the applicant is not the owner.
Development plans. The following information shall be shown on all development plans:
The applicant's entire property and adjacent properties.
The design and location of all temporary structures proposed including tables, chairs, planters, awnings and other equipment as well as lighting and electrical outlet locations, if any.
Capacity of the existing restaurant and proposed cafe.
Proposal for providing adequate pedestrian circulation.
Referral of development plans. Prior to the issuance of a license pursuant to this section, the development plans and applications shall be referred to the construction official and fire official along with the Planning Director who shall recommend approval, disapproval or modification of said plans within 10 days of submission of the plans.
Conditions for issuance of license. Upon approval of the application and plans submitted by the applicant pursuant to this section, the Planning Director shall issue a license to the applicant provided the applicant has furnished the Township of Pequannock the following:
An agreement by the applicant to repair any damage caused to the sidewalk in the operation of the cafe at the expense of the applicant. The Township Administration may require a bond to be filed by the applicant in an amount to be fixed by the Township.
An agreement by the applicant indemnifying the Township against loss, including costs and expenses, resulting from injury to person or property as a direct or indirect result of the operation of the cafe or for injury to person or property occurring on the premises occupied by the cafe. The applicant shall provide an insurance policy to the Township in the amount of $500,000 which amount shall be stipulated on the liability policy and naming the Township as co-insured.
Rules, regulations and specifications. A cafe authorized and operated pursuant to this section shall comply with all of the following rules, regulations and specifications.
The applicant and or operator shall fully comply with all plans submitted and approved by the Planning Director under the terms of this Ordinance.
Within 30 minutes after the closing of the cafe, the operator shall have all furniture, utensils, customers or any other materials used in the operation of the cafe or within the area used by the cafe, removed from the sidewalk area. Said closing shall be no later than 10:00 p.m.
The area of operation shall be kept clean and free of litter. Sidewalks shall be washed daily and trash receptacles shall be provided as approved by the Health Department.
Music, if any, shall be kept at a reasonable level that is not unnecessarily loud or objectionable to persons in or around the area.
The operator shall maintain an area free of any obstruction a distance of 36 inches from the curb and an aisle for pedestrian movement through the area at least 44 inches in width and shall see to it that tables, chairs and other materials do not interfere with these required open areas and pedestrian traffic.
The operator shall comply with all the requirements of N.J.A.C. 8:24-1 et seq., also known as Chapter XII of the New Jersey State Sanitary Code, and N.J.S.A. 24:15-1 et seq.
The operator shall comply with all other ordinances of the Township of Pequannock.
Notice of Violation; Failure to Comply. Upon a finding by the Township Zoning Officer that a sidewalk cafe or the owner of the Property on which a sidewalk cafe is operated has violated any provisions of this section, the Township Zoning Officer shall give notice to the responsible individual to correct said violation within 24 hours of receipt of said notice. Upon failure to correct said violation within 24 hours, the Township Zoning Officer may revoke the operator's license issued pursuant to this section. Upon the revocation of such license the operator shall be entitled to a hearing and notice thereof, if such is requested, within five days of revocation.
Sale and Consumption of Alcoholic Beverages Prohibited. The consumption or sale of alcoholic beverages is prohibited within a cafe.
Penalties for Offenses. Any person violating the provisions of this section shall be subject to the revocation of the license and a penalty of $100 each day that an offense continues.