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.
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.