Borough of Avon-by-the-Sea, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Borough of Avon-by-the-Sea 4-11-88 by Ord. No. 5-1988. Amendments noted where applicable.]
No person, firm, corporation or entity shall conduct a business as a transient or itinerant vendor, peddler, hawker or merchant without first obtaining a license therefor and complying with the requirements of this chapter.
A. 
Persons exempt by having complied with the provisions of Title 45, Chapter 24, N.J.S.A., shall be exempt from the aforesaid licensing requirement but shall nevertheless comply with the other requirements of this chapter.
B. 
The requirements of this chapter shall not apply to children under the age of sixteen (16) years engaged in activities on behalf of recognized civic organizations based in or substantially carrying out their activities within the Borough of Avon-by-the-Sea, including without limitation, the Boy Scouts, Girl Scouts, Little League, Recreation League and other similar organizations. Nor shall this chapter apply to bona fide members of Borough service organizations such as the Fire Department and First Aid Squad.
C. 
The Board of Commissioners may waive application of Chapter 141 to an organization or individual seeking limited permission to conduct street vending for some civic, charitable or special purpose. The discretion shall be solely with the Board of Commissioners and may be exercised, by resolution, after receiving an appropriate application requesting such treatment. The form and content of said application shall be determined, and amended from time to time, by the Borough Clerk with the approval of the Board of Commissioners.
[Added 7-14-97 by Ord. No. 19-1997]
Any person intending to perform or undertake any activity of the kind described in § 141-1 shall, prior to doing so, file with the Borough of Avon-by-the-Sea an application, in duplicate, in writing, on forms available from the Borough office for that purpose, setting forth the following information:
A. 
Name, home address, age, physical description and driver's license number of the applicant.
B. 
Name and address of the organization, firm, entity or person for whom the applicant will perform or undertake the activity.
C. 
Description of the nature of the activity and the goods, services or wares involved.
D. 
Two (2) photographs of the applicant approximately two and one-half by two and one-half (2-1/2 x 2-1/2) inches in size showing the head and shoulders of the applicant in a clear and distinguishing manner.
E. 
A description of any motor vehicles to be utilized by the applicant for said activity, including license plate number, make, model, year and color.
F. 
The place(s) within the Borough where the applicant proposes to carry out such activity and the date(s) and time(s) the applicant intends to do so.
G. 
If applicable, the applicant's previous similar activity in the Borough.
H. 
If no motor vehicle is to be used, a photograph and description of the vehicle or apparatus to be used in the activity.
I. 
A description of the method by which customers are to be attracted and sales made.
[Amended 2-14-97 by Ord. No. 5-1997]
Upon filing of the completed application the applicant shall pay a filing fee of thirty dollars ($30).
[Amended 2-24-97 by Ord. No. 5-1997]
Upon compliance with the application requirements and payment of the prescribed license fees, the Clerk shall issue a license to the applicant. License fees are:
Daily
$15
Weekly
$75
Monthly
$225
Summer (Memorial Day-Labor Day)
$600
No person, firm, corporation or entity to which this chapter pertains, shall display, sell or offer for sale any goods, wares or services:
A. 
On or along Ocean Avenue or east thereof, Main Street and/or Sylvania Avenue.
B. 
Within fifty (50) feet of any intersection, more than ten (10) feet from the curb, within twenty-five (25) feet of a fire hydrant or at any other location where it is unlawful to park or stand a motor vehicle.
C. 
Before 8:00 a.m. and after sunset.
D. 
From any fixed location for a time of more than one (1) hour on any one day.
E. 
From any vehicle, cart, wagon, stand or facility not on wheels or otherwise freely movable.
F. 
Without proper and adequate trash facilities.
G. 
So as to impede vehicular or pedestrian traffic.
H. 
Notwithstanding any provisions of this chapter, or any other chapter of the Avon Code, to the contrary, the Board of Commissioners may direct the issuance of special permits to street vendors to engage in activities in connection with municipal and civic celebrations. Said permits shall contain such provisions, restrictions, fee schedules and specifications as the Board of Commissioners deem appropriate. The Board of Commissioners may issue said special permits directly, through the Board of Recreation Commissioners, or through the Director of Recreation, as appropriate.
[Added 5-30-96 by Ord. No. 16-1996]
[Amended 4-22-02 by Ord. No. 5-2002]
Any person who violates any provision of this chapter shall, upon conviction thereof, be liable to the penalty provided by Chapter 1, Section 1-15. Each day that a violation shall exist shall constitute a separate offense.