[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herein and containing portions of Ordinance No. 389 was repealed in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:
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.
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:
[Ord. No. 289 § 8]
[1]
Editor's Note: Former Section 4-5, Automatic Coin or Electronic
Amusement Devices, was repealed by Ord. No. 2021-1897. Prior history
includes Ord. No. 627 and Ord. No. 10-1534.
[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:
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.
[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: 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;
amended 9-13-2021 by Ord. No. 2021-1890]
As used in this section:
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 events are categorized as follows:
Category A - Shall mean any show, circus, fair or similar event,
or a series of such event held on municipal property, at which goods
or services are offered to the public for a consideration as admission,
other than sales by a merchant in the ordinary course of business
at its premises.
Category B - Shall mean one-day events including cultural, historical,
and seasonal celebrations that are on municipal property or public
roads, that are open to the public, and that are sponsored by the
Borough or quasi municipal entities such as the Bernardsville Fire
Company and Downtown Bernardsville and the purpose of which is to
promote economic development; educational initiatives; or the general
health, safety and welfare of the community.
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
[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;
amended 9-13-2021 by Ord. No. 2021-1890]
The sponsor and the concessionaires shall be liable for the
following fees:
a.
Category
A - These fees are based on the number of days ahead of the proposed
special event that complete applications are filed.
1.
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
|
2.
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
|
3.
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.
BANNER
Definitions.
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.
