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Borough of Bernardsville, NJ
Somerset County
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Table of Contents
Table of Contents
[1]
Editor's Note: Former Section 4-1, Newsracks, previously codified herein and containing portions of Ordinance No. 389 was repealed in its entirety by Ordinance No. 2005-1382.
[Ord. No. 289 § 1]
As used in this section:
CLOSING-OUT SALE
Shall mean and include all sales advertised, represented or held under the designation of "going out of business," "discontinuance of business," "selling out," "liquidation," "loss of lease," "must vacate," "forced out," "removal," "fire sale," "damaged stock," or any other designation indicating the forced sale of merchandise or causing the public reasonably to believe that upon the disposal of the stock or goods on hand the business will close and be discontinued.
GOODS
Shall mean and include any goods, wares, merchandise or other property capable of being the object of a sale.
[Ord. No. 289 § 2]
It shall be unlawful for any person to conduct a closing-out sale in the Borough without obtaining a license to do so.
[Ord. No. 289 § 3]
Any person desiring to conduct a sale regulated by this section shall make a written application to the Borough Clerk for a license, to be known as "Closing-Out Sale License," upon forms provided by the Borough and the forms shall contain the following information and requirements:
a. 
Name and address of the applicant and name and address of the owner of the goods to be offered for sale.
b. 
A description of the place where the sale is to be held.
c. 
The nature of the occupancy, whether by lease, sublease or otherwise and the effective date of termination of such occupancy.
d. 
Dates defining the period of time during which the sale is to be conducted.
e. 
A full and complete statement of the facts in regard to the sale, including the reason for the urgent and expeditious disposal of goods thereby and the manner in which the sale will be conducted.
f. 
The means to be employed in advertising the sale together with the proposed content of any advertisement.
g. 
A complete and detailed inventory of the goods to be sold at the sale as disclosed by the applicant's records. The inventory shall be attached to, and become part of, the required application. No goods other than those listed in the inventory shall be advertised or sold at any sale for which a license is hereby required, and it shall be unlawful for any person to sell, offer or expose for sale, or advertise for sale, or list on such inventory any goods which are not the regular stock on hand at the premises, or to submit, or to make any replenishments or additions from any manufacturer, jobber, wholesaler, warehouse, storage building or from any other premises, or from any source whatsoever and during the time thereof to advertise or represent the sale as being of the character for which a license is required. All goods included in the inventory shall have been purchased by the applicant for resale on bona fide orders without cancellation privilege and shall not comprise any goods purchased on consignment. The inventory shall not include goods ordered in contemplation of or for the purpose of conducting any sale regulated hereunder and any extraordinary purchases or additions to the stock of goods of the applicant made within 60 days prior to the filing of an application shall be deemed to be of such character.
[Ord. No. 289 § 4]
The fee for a closing-out sale license shall be as follows:
a. 
For a period not exceeding 10 consecutive calendar days $25.
b. 
For a period not exceeding 20 consecutive calendar days $35.
c. 
For a period not exceeding 30 consecutive calendar days $50.
Only one license shall be issued to any one person within a thirty-six-month period, and no license shall be issued for more than 30 consecutive calendar days.
[Ord. No. 289 § 5]
a. 
All licensees shall maintain at the place of sale a duplicate of the inventory submitted with the application for license, and shall present the same to inspecting officials upon request. In addition, licensees shall maintain accurate records of individual sales of goods made pursuant to the provisions of this section, which records shall be presented to inspecting officials upon request.
b. 
No replenishments or additions whatsoever shall be made to the stock of goods outlined in the inventory attached to the application for the license during the period of the licensed sale.
c. 
Licensees shall refrain from employing any untrue, deceptive or misleading advertising and in any written advertisement shall indicate therein the number and date of the license issued.
d. 
All licensed sales shall be conducted in strict conformity with advertising incident thereto.
e. 
All licensees shall keep and maintain other goods separate and apart from the goods for sale under this section and shall make such distinction clear to prospective purchasers. All licensees of a closing-out sale shall not continue said business beyond the date specified for the sale and shall not, upon conclusion thereof, continue the business under the same name or under a different name in the same location or elsewhere in the Borough.
f. 
All licenses issued pursuant to the provisions of this section shall during the entire period of the licensed sale be prominently displayed upon the premises for which a license shall have been issued.
[Ord. No. 289 § 6]
The provisions of this section shall not affect or apply to the following:
a. 
Persons acting pursuant to an order or process of a court of competent jurisdiction.
b. 
Persons acting in accordance with their powers and duties as public officials.
c. 
Duly licensed auctioneers, selling at auction.
[Ord. No. 289 § 8]
Any person violating any of the provisions of this section shall upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each day a violation continues hereunder shall constitute a separate offense.
[Ord. No. 627 § 1; Ord. No. 10-1534 § 1]
As used in this section:
AUTOMATIC OR ELECTRONIC COIN OR SIMILARLY OPERATED AMUSEMENT DEVICE
Shall mean those games commonly designated and known as video games, baseball, pin amusement games, pool tables, billiard tables and any other coin operated skill amusement device or mechanical or electronic contrivance which is permitted to function by the insertion of a coin, slug, token, plate, card or disk and is operated for amusement only, and does not dispense any form of payoff, prize or reward.
OPERATOR
Shall mean any individual, firm, member of firm, partnership, or member of a partnership, corporation or any officer, director or stockholder of any corporation, or any agent or employee of any such firm, partnership or corporation who operates or maintains one or more of the devices defined upon the premises controlled by him.
PERIOD
Shall mean the license period which shall be for the period from January 1 to December 31 of the calendar year or any portion thereof.
PERSON
Shall mean any individual, firm, partnership, member of partnership, corporation, or any officer, director or stockholder of any corporation, or any agent or any employee of any such firm, partnership or corporation.
PUBLIC OR QUASI-PUBLIC PLACE
Shall include any building, store, market-place, club, tavern, inn, cocktail lounge, restaurant, hotel, confectionery store, or other place wherein the public is invited, or wherein the public may enter.
[Ord. No. 627 § 2; Ord. No. 10-1534 § 1]
a. 
It shall be unlawful for any person to place, install, keep, allow or operate any of the devices in any public, or quasi-public place, owned, rented or controlled by said person, within the limits of the Borough, unless he has first secured a license for the device or devices, issued by the Mayor and Council.
b. 
A separate license shall be required for each device in use within the limits of the Borough.
[Ord. No. 627 § 3; Ord. No. 10-1534 § 1]
a. 
All applications for any license shall be made available by the Borough Clerk to the applicant.
b. 
The application filed with the Borough Clerk shall show the name of the applicant, the post office address, whether or not he has been convicted of any crime or violation of any ordinances involving gambling or for the violation of this section, a description of the device for which an operator's license is sought, the name and address from whom the device is to be leased, rented or otherwise obtained, and shall be accompanied by the proper fee.
c. 
The Mayor and Council shall then determine from an investigative report by the Police Department of the Borough whether the character and fitness of the person making application (if the applicant is an individual), or of the persons who are the incorporators, directors, or employees thereof (if the applicant is a corporation), may be questionable because of conviction of any crime or offense involving moral turpitude.
d. 
The investigative report by the Police Department shall include the findings by the Police Department of any conviction or convictions with regard to any unlawful, injurious, immoral or antisocial habits of the persons applying for a license and a report as to their known associations with persons of disreputable or harmful character as indicated by criminal conviction or convictions of those persons, or of their frequenting places of disreputable or harmful reputation as indicated by a criminal conviction or convictions of those places.
No license shall be issued by the Mayor and Council until the Mayor and Council shall be satisfied from the investigative report and the recommendation which shall be submitted with the report by the Police Department that a license should be issued.
[Ord. No. 627 § 4; Ord. No. 10-1534 § 1]
If a license shall have been issued and the Mayor and Council shall determine that the individual or the persons, or the corporation, are unfit to retain such license by reason of the conviction of a crime, or the conviction of the violation of an ordinance of the Borough involving moral turpitude or for any reason for which the applicant would have been denied a license as enumerated in subsection 4-3.3 of this section, or who shall have fraudulently misrepresented facts on the application or shall have knowingly concealed facts which would preclude the issuance of a license, the license shall immediately be revoked after a hearing before the Mayor and Council, upon written notice to the licensee, which notice shall specify the charges upon which the proposed license revocation is based. Five days' notice of the hearing shall be given to the licensee; at the hearing the licensee and his attorney may be present and submit evidence in his defense.
[Ord. No. 627 § 5; Ord. No. 10-1534 § 1]
Each license issued by the Borough shall on its face disclose the name and address of the licensee, and a brief description of the device licensed. The license shall be affixed in a conspicuous place so that it can be easily and quickly identified.
[Ord. No. 627 § 6; Ord. No. 10-1534 § 1]
a. 
No operator of any amusement device shall offer or permit to be offered any prize, or other reward to any person playing any machine required to be licensed by provisions of this section.
b. 
Any operator of any device or machine within the purview of this section, including any person who shall knowingly and willfully permit, use, or permit to be used, any of the machines licensed under subsection 4-3.1 for the purpose of gambling, shall be guilty of the violation of this section and subject to penalties as provided in this section.
[Ord. No. 627 § 7; Ord. No. 661 § 1; Ord. No. 10-1534 § 1]
The license fee for each device to be licensed shall be $50 per year or portion thereof for the first two devices, and $100 per year or portion thereof for each device in excess of two.
[Ord. No. 627 § 8; Ord. No. 10-1534 § 1]
Nothing herein contained shall prohibit the holder of a license for machines or devices from using the same for new devices substituted within the period of the license, provided he shall first notify the Mayor and Council of such substitution. No license shall be transferable from one address to another address.
[Ord. No. 627 § 9; Ord. No. 10-1534 § 1]
a. 
Any person violating any of the provisions of this section, shall upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
b. 
Any subsequent conviction thereafter shall, in addition to the penalties stated above, subject the license holder to the provisions of subsection 4-3.4, as an unfit person to retain the license.
[Ord. No. 627 § 10; Ord. No. 10-1534 § 1]
No more than four machines shall be permitted in any location or place of business.
[1]
Editor's Note: Former Section 4-4, Miniature Golf Course and Public Swimming Pools, previously codified herein and containing portions of Ordinance Nos. 58 and 96-1071, was repealed in its entirety by Ordinance No. 2005-1382.
[1]
Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 550, 96-1069, 97-1082, 99-1190, 2001-1239 and 2003-1313.
[Ord. No. 2003-1331 § 1; Ord. No. 2004-1355 § 1]
The purpose of this section is to provide the citizens of the Borough with information relating to persons who peddle or solicit within the Borough and to protect citizens from deceptive or dishonest practices.
[Ord. No. 2003-1331 § 1; Ord. No. 2004-1355 § 1]
As used in this section:
PEDDLER
Shall mean any person, either as a principal or agent, who goes from place to place within the Borough and who sells, takes orders for, or offers to sell any goods, wares, merchandise or services, whether collecting in advance for such goods, wares, merchandise or services or not.
[Ord. No. 2003-1331 § 1; Ord. #2004-1355 § 1]
It is unlawful for any person to act as a peddler within the Borough without first having obtained a permit issued pursuant to this section. Every peddler going place to place within the Borough must have his or her own permit.
[Ord. No. 2003-1331 § 1; Ord. No. 2004-1355 § 1]
a. 
Persons seeking a permit under this section shall file a written application for such permit with the Clerk on the form provided by the Borough.
b. 
The permit shall be valid for one calendar year, expiring on December 31 of each year. No permit issued hereunder shall be valid for more than one calendar year, but may be renewed upon expiration or January 1st of each concurrent year. The fee set forth below shall not be prorated.
c. 
Permits may be issued by the Clerk with the approval of the Chief of Police, or may be denied by the Clerk for cause, notice of which shall be given as required in this section.
d. 
Applicants shall pay the following fee for an original or renewal permit: $275.
[Ord. No. 2003-1331 § 1; Ord. No. 2004-1355 § 11 Ord. No. 2014-1661]
The application for permit shall contain the following information:
a. 
Name, description, social security number, driver's license number and date and place of birth of the applicant;
b. 
Permanent home address, telephone number and local address and telephone number for the applicant;
c. 
A brief description of the nature of the business or organization, the goods to be sold or services to be performed and the nature of any proposed soliciting;
d. 
If an agent, employee or representative, the address and name of the principal or employer;
e. 
The place of manufacture or production of goods being offered for sale, the present location of such goods and the proposed method of delivery;
f. 
A photograph of each applicant seeking a permit taken within 60 days immediately prior to the filing of the application; said picture shall be approximately two inches by two inches and shall show the head and shoulders of the seller in a clear and distinguishing manner.
g. 
A statement as to any convictions of crimes, misdemeanors or violations of municipal ordinances, the date, the nature of the offense and the penalty assessed therefor for the applicant and each employee or representative going door-to-door.
h. 
A list of all Somerset County and Morris County municipalities from which the applicant has obtained a solicitor's or peddler's permit within the last 24 months. Include the name, address and permit number(s) for each municipality.
i. 
A statement that a permit, if granted, will not be used or represented as an endorsement by the Borough for solicitations thereunder;
j. 
The application shall be sworn to by each applicant and each application for a peddler's permit shall be accompanied by a nonrefundable investigation fee of $25 for each person to be covered by such permit.
[Ord. No. 2003-1331 § 1; Ord. No. 2004-1355 § 1]
A permit under this section may be denied, suspended or revoked for any of the following causes:
a. 
Fraud, misrepresentation or false statement contained in the application for a permit;
b. 
Fraud, misrepresentation or false statement made in the course of carrying on the business or being a peddler, solicitor or canvasser;
c. 
Any violation of this section;
d. 
Conviction of any felony or other crime involving moral turpitude, or conducting the business of peddling, soliciting or canvassing in a nonlawful manner or in such manner as to constitute a breach of the peace or so as to constitute a menace to the health, safety or welfare of the public.
[Ord. No. 2003-1331 § 1; Ord. No. 2004-1355 § 1]
Notice of denial, suspension or revocation of a permit shall be in writing and mailed to the applicant or permittee at the address of record on the original application.
[Ord. No. 2003-1331 § 1; Ord. No. 2004-1355 § 1]
a. 
Any person aggrieved by the action in denial of a permit or in the suspension or revocation of a permit by the Borough shall have the right of appeal to the Council.
b. 
Such appeal shall be taken by filing with the Clerk written notice thereof within five days after the denial or the entry of the order of suspension or revocation. The notice of appeal shall specify an address at which the permittee may be given notice of hearing on the appeal. The Council shall hear the appeal, or may refer the same to a committee or hearing examiner for hearing.
c. 
At the appeal hearing, the applicant or permittee shall be entitled to appear in person and offer evidence pertinent to the denial, suspension or revocation or may appear through legal counsel. The Clerk, Chief of Police or his designee and/or Borough Attorney shall likewise be entitled to appear at the hearing and offer evidence in support of the denial, order of suspension or revocation. At the discretion of the Council or hearing examiner, other evidence may be received and other witnesses may be heard. The hearing shall be open to the public and it shall be taped.
d. 
The Council shall determine whether the denial, suspension or revocation shall be sustained and shall put relevant findings and conclusions which support its decision in writing within 10 business days following the close of the hearing.
[Ord. No. 2003-1331 § 1; Ord. No. 2004-1355 § 1]
The permit issued under this section shall be displayed at all times when peddling or soliciting in the Borough and shall be exhibited by said peddler, solicitor or canvasser whenever requested to do so by a peace officer or any person solicited or canvassed.
[Ord. No. 2003-1331 § 1; Ord. No. 2004-1355 § 1]
Permittees and exempt persons or groups may go door-to-door only between the hours of 9:00 a.m. and 9:00 p.m.
[Ord. No. 2003-1331 § 1; Ord. No. 2004-1355 § 1]
The licensing requirements of this section shall not apply to:
a. 
Newspaper carriers, whether subscriptions are taken or not;
b. 
Any candidate for or any person holding any Borough, County, State or Federal office.
c. 
Any person engaging in religious proselytizing, anonymous political speech and the distribution of handbills or any person, firm or corporation canvassing or soliciting on behalf of a bona fide religious, charitable or political organization. Such persons or groups, however, must give 24 hours' notice to the Police Department advising the Department of the dates, times and neighborhoods in which they will be canvassing.
d. 
Any person engaging in any activity found by the Federal or State courts to be exempt from the requirements of obtaining a permit under this section.
Such exempt persons or groups shall be subject to the hours of operation restrictions set forth in subsection 4-5.10 above.
[Ord. No. 2003-1331 § 1; Ord. No. 2004-1355 § 1]
No permittee hereunder shall:
a. 
Make physical contact with the person being solicited or canvassed unless that person's permission is obtained;
b. 
Misrepresent the purpose of the solicitation or canvass;
c. 
Misrepresent the affiliation of those engaged in the solicitation or canvassing;
d. 
Continue efforts to solicit from or canvass an individual once that individual informs the solicitor or canvasser that he or she does not wish to give anything or to buy anything from that solicitor.
e. 
Represent the issuance of any permit under this section as an endorsement or recommendation by the Borough of the solicitation or canvassing.
f. 
Enter upon any premises when the same is posted with a sign stating "No Peddlers Allowed" or "No Solicitation Allowed" or other words to such effect;
g. 
Knowingly make any false statement on an application for a permit hereunder.
h. 
Engage in any fraud, misrepresentation or false statement in the course of carrying on the business.
[Ord. No. 2003-1331 § 1; Ord. No. 2004-1355 § 1]
Any person violating any provision of this section shall be liable upon conviction to a fine of not less than $100 nor more than the amount specified in Chapter 1, Section 1-5, or by a period of community service not exceeding 90 days for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1]
Editor's Note: Ordinance No. 667 pertaining to taxicabs and previously contained herein was repealed by Ordinance No. 2000-1219.
[1]
Editor's Note: Former Section 4-7, Billiards and Pool Tables, previously codified herein and containing portions of Ordinance Nos. 9 and 96-1071, was repealed in its entirety by Ordinance No. 2005-1382.
[1]
Editor's Note: Former Section 4-8, Posting of Bills, previously codified herein and containing portions of Ordinance No. 9 was repealed in its entirety by Ordinance No. 2003-1337.
[1]
Editor's Note: Former Section 4-9, Junk Dealers, previously codified herein and containing portions of Ordinance No. 9, was repealed in its entirety by Ordinance No. 2005-1382.
[1]
Editor's Note: Former Section 4-10, Public Exhibitions, previously codified herein and containing portions of Ordinance Nos. 9, 148, 94-984 and 96-1071, was repealed in its entirety by Ordinance No. 2005-1382.
[1]
Editor's Note: Former Section 4-10A, Movie Theaters, previously codified herein and containing portions of Ordinance No. 96-1071, was repealed in its entirety by Ordinance No. 2005-1382.
[1]
Editor's Note: Former Section 4-11, Licensing of Retail Food Establishments, previously codified herein and containing portions of Ordinance No. 297, was repealed in its entirety by Ordinance No. 2005-1382. See Chapter BH2 for licensing of retail food establishments.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 92-920, 93-953 and 94-984, 97-1079 and 97-1093.
[Ord. No. 2006-1430 § 1]
As used in this section:
CONCESSIONAIRE
Shall mean any person allowed at a special event to sell goods or services to the public or to perform entertainment or other services from which that person might accept tips from the public.
SPECIAL EVENT
Shall mean any show, circus, fair or similar event, or a series of such events, at which goods or services are offered to the public for a consideration as admission or otherwise, other than sales by a merchant in the ordinary course of business at its premises.
SPONSOR
Shall mean and include any party who is responsible for the operation of a special event.
[Ord. No. 2006-1430 § 1; Ord. No. 2006-1439 § 1; Ord. No. 2009-1519 § 1; Ord. No. 10-1548 § 2]
a. 
No special event shall be conducted without a license issued by the Borough to the sponsor.
b. 
A sponsor must be a corporation that has been determined exempt from income taxes under section 501 of the Internal Revenue Code. Prior to the issuance of a license, the sponsor must submit copies of the following:
1. 
IRS Not-For-Profit Determination letter.
2. 
New Jersey Charitable Registration.
3. 
Latest Federal 990/990 EZ Tax Return.
4. 
Latest filing with New Jersey Charitable Registration.
5. 
Current roster of all officers, showing home addresses and telephone numbers.
6. 
Bylaws.
7. 
Name and address of tax preparer.
c. 
No special events, except for farmer's markets, sidewalk sales and similar sales events, shall be held on Borough property unless:
1. 
The sponsor's entire net proceeds are to be donated to one or more local organizations qualified to receive donations that are deductible from income taxes under section 170 of the Internal Revenue Code; and
2. 
The sponsor agrees to furnish the Borough with financial statements for the event certified by an officer of the sponsor within three months after the conclusion of the event which includes, at a minimum, the following information:
(a) 
Gross proceeds of event.
(b) 
Administrative costs of event.
(c) 
Net proceeds of the event.
(d) 
A schedule showing the allocation of the net proceeds to the qualified local organizations described in paragraph 1 above; and
(e) 
Permission for the Borough to inspect the sponsor's books and financial records for the special event; and
3. 
No special event licenses shall be issued by the Clerk unless the sponsor has submitted the required paperwork and paid the fees specified in subsection 4-12.6 below.
[Ord. No. 2006-1430 § 1]
No sponsor shall conduct a special event without first having obtained a special event permit and no concessionaire shall sell or display for sale any item of tangible personal property, food or beverage without first having obtained a concessionaire's license. Where any sponsor contemplates conducting a special event on more than one date within the same calendar year it may specify all the contemplated dates on a single written form provided by the Borough. Any sponsor canceling a proposed special event shall notify the Borough Clerk of any such cancellation as soon in advance of the cancellation as is practical. In no event shall notification excuse compliance with other ordinances, notwithstanding the same shall not be disclosed by the Municipal Clerk.
Application for a special event sponsor permit shall be filed with the Borough Clerk on a form to be provided by the Borough. A complete application and all required fees and documentation shall be filed with the Clerk at least 60 days before the scheduled event. Applications may be filed after that date, however, a permit may not be granted if the Clerk does not have sufficient time to process the application. Late applications will also be subject to the increased fees set forth in subsection 4-12.6 below.
a. 
Applications for a special event permit shall specify:
1. 
The name and address of the applicant.
2. 
Proof of the applicant's status as a 501 entity under the Internal Revenue Code.
3. 
The date(s) on which the special event will be held.
4. 
A detailed description of the special event.
5. 
A general description of the type of merchandise, food or beverage being offered for sale by concessionaires.
The sponsor's application for a special event permit shall include the applications and fees for all proposed concessionaires.
b. 
Concessionaires licenses shall specify:
1. 
The name and address of the applicant, and if a firm, corporation, partnership or association, the principal officers and owners of an interest in excess of 10%, and their addresses.
2. 
A general description of the type of merchandise, food or beverage being offered for sale by the concessionaire.
3. 
The dates and locations of the proposed sale of the merchandise by the concessionaire.
[Ord. No. 2006-1430 § 1]
No license or permit shall be granted for the holding of any special event within the corporate limits of the Borough, until the sponsor provides the Borough Clerk with the following documents:
a. 
Certificate of insurance showing that the sponsor has blanket coverage of $1,000,000 for liability for bodily injury and/or property damage. In the case of special events which present a special or extraordinary exposure (e.g. fireworks displays, concerts, etc.) the sponsor shall provide liability insurance in an amount set by the Council upon the recommendation of the Borough's insurance carrier or insurance consultant. Such insurance policy shall specifically cover all concessionaires. If the special event is held on Borough property with the consent of the Mayor and Council, the required certificate of insurance must also name the Borough as an additional insured.
b. 
A properly executed indemnity and hold harmless agreement, by which the sponsor agrees to hold the Borough harmless and indemnify the Borough against any claims brought or actions filed against the Borough as the result of the special event, whether such claims or actions are rightfully or wrongfully brought or filed. Such agreement shall be in a form acceptable to the Borough Attorney.
[Ord. No. 2006-1430 § 1]
a. 
Special Event Permit. The special event permit issued to the sponsor shall be valid only for the date or dates endorsed upon the permit.
b. 
Concessionaire's License. Concessionaire's licenses shall be valid only for the date or dates endorsed upon the license.
A separate concessionaire's license or endorsement shall be obtained for each date on which a concessionaire proposes to sell or offer for sale any item of tangible personal property, food or beverage as set forth herein. However, the Municipal Clerk may issue a concessionaire's license with more than one date of proposed sale endorsed thereon, provided that the applicant shall pay the daily fee for each proposed date of sale in advance. A separate license shall be obtained by every concessionaire for each separate location or space allotted to that concessionaire for the purpose of selling or offering for sale any item of tangible personal property, food or beverage.
c. 
Display of License. All concessionaires' licenses issued hereunder shall be prominently displayed by the concessionaire at his location for the sale of tangible personal property, food or beverages at all times during the conduct of any such sale. No sponsor shall allow any concessionaire to sell or display for sale any item of tangible personal property, food or beverage unless the concessionaire prominently displays at all times a valid concessionaire's license at the location allocated to the concessionaire.
[Ord. No. 2006-1430 § 1]
The sponsor and the concessionaires shall be liable for the following fees which are based on the number of days ahead of the proposed special event that complete applications are filed:
a. 
Sponsor - Special Event Permit - Fee per Event.
Date Application Filed
Fee per Day
60 days before event
$50
30 days before event
$100
21 days before event
$200
14 days before event
$500
7 days before event
$1,000
b. 
Each Concessionaire - Fee per Day.
Date Application Filed
Fee per Day
60 days before event
$50
30 days before event
$50
21 days before event
$50
14 days before event
$100
7 days before event
$200
c. 
No fee shall be refundable for any reason.
If completed applications and all other required documentation are not filed and if all fees are not paid in full at least three business days before the proposed special event, the special event may not be held.
[Ord. No. 2006-1430 § 1]
In the event a sponsor shall cancel or postpone a schedule special event by 9:00 a.m. on the date on which it was scheduled, the sponsor's permit and associated concessionaires' licenses may be used by the sponsor and the licensed concessionaire on any one date within seven days thereafter. In such case, the permit and all licenses shall be presented to the Municipal Clerk who shall revalidate them without additional fees.
[Ord. No. 2006-1430 § 1; Ord. No. 2008-1484 § 1; Ord. No. 2016-1713 § 1]
a. 
Definitions.
BANNER
Shall mean a strip of fabric without rigid support, painted or printed with the name, legend of device.
b. 
Allowable Use. In accordance with the provisions of this subsection, the Borough Clerk may permit one temporary banner across Route 202 to advertise a special event licensed pursuant to this subsection. No banner shall be allowed in connection with fund appeals, political activities or advertising of any type.
c. 
Requirements.
1. 
No banner shall be permitted for any event that takes place outside the borders of the Borough of Bernardsville.
2. 
Only one special event banner shall be allowed at any one time.
3. 
Banner permits shall be issued on a first come first serve basis.
4. 
No banner shall be allowed to remain in place for more than three weeks.
5. 
All banners shall comply with all applicable State statutes and regulations including but not limited to those set forth in N.J.A.C. 16:14-12 as supplemented and amended.
6. 
No banner shall be greater than 36 inches in height.
7. 
A complete application must be submitted to the Borough Zoning Officer at least 30 days prior to the hanging of the banner, or approval may be delayed.
d. 
Review and Approval. Review of all requests for banners shall be conducted by the Police Department, the Department of Public Works, the Engineering Department and the Administrator who shall submit their comments and recommendations to the Borough Zoning Officer. The Borough Zoning Officer may approve a request if the request is in compliance with the conditions set forth in this subsection and the applicable State statutes and regulations, the investigation reports are favorable and the interests of the Borough are fully protected.
e. 
Conditions. No banner may be erected:
1. 
Where it may interfere with the ability of a person to see the street or highway ahead or official signs, signals or traffic control devices.
2. 
Within the limits of traffic circles, median strips, great separations or interchanges.
3. 
Overhead, unless properly secured and with a minimum clearance of 17 feet above the horizontal plan of the traveled way.
4. 
Which is affixed to, suspended from, or made part of any highway structure or appurtenances.
5. 
Which contains any lights.
6. 
Which contains advertising of any kind.
7. 
Which will not withstand the rigors of the locale or of the season.
8. 
Which does not comply with the regulations established by the New Jersey Department of Transportation.
Approvals issued by the Borough Zoning Officer are subject to all State statutes, rules and regulations.
The Borough Zoning Officer shall deny any request for temporary erection of banners if he finds it to be incompatible with the best interest of the Borough or the public. If the Borough Zoning Officer denies a permit and the applicant wishes to appeal that denial, the Borough Zoning Officer shall forward the application to the Borough Council for its review and consideration. If the Council overturns the Zoning Officer's determination, it shall order the Zoning Officer to issue a permit to the applicant and may, where appropriate, impose additional conditions beyond those set forth in this section.
f. 
Inspection. The Borough reserves the right to inspect all installations. Those not approved must be corrected immediately or removed immediately by those responsible.
g. 
Removal. Upon expiration of the approval granted by the Borough Clerk, all banners shall be removed completely by those responsible. This includes, but is not limited to, all ropes, lines, cables, guys, wires, ties, tapes, scaffolds, brackets, frames, boards, sticks, bolts, nails and staples.
h. 
Fee. There shall be no fee charged by the Borough for the approval of a banner under this subsection. The applicant shall be responsible for any and all fees due the New Jersey Department of Transportation.
[Ord. No. 2006-1430 § 1; Ord. #2008-1484 § 1]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each day that a violation continues shall be deemed to be a separate and distinct offense.