[HISTORY: Adopted by the Council of the Township of Monroe 10-10-02 by Ord. No. 0-10-2002-045. Amendments noted where applicable.]
[Editor's Note: Former Ch. 72, Parking for the Handicapped, adopted 8-6-84 by Ord. No. 26-84 and containing Ord. No. 37-84 and 6-89-25, was repealed by Ord. No. 0-6-91-019. See Ch. 122 for handicapped parking regulations.]
For purposes of this chapter, the following words shall have the meaning ascribed to them in this section:
AGRICULTURAL PRODUCTS
Fruits, vegetables and farm products such as meat, poultry, butter and eggs.
COMMERCIAL DISPLAYS, COMMERCIAL SALES, OUTDOOR COMMERCIAL DISPLAYS, OUTDOOR COMMERCIAL SALES
(Hereinafter referred to as "outdoor commercial sale(s)") Sales which are permitted by Chapter 108 of the Land Development Ordinance, or under the protection of the nonconforming use section thereof, or any other sale conducted by a manufacturer, dealer or vendor conducted from premises zoned for commercial sales which sales are commonly known as "sidewalk sales," "parking lot sales," "bargain sales," "holiday sales," and/or occasional displays or sales which are conducted wholly or partly outdoors.
GOODS
Any merchandise, including agricultural products and Christmas trees, or other property or service which is the object of an outdoor commercial sale regulated hereunder.
NONPROFIT ORGANIZATION
A corporation, association and/or group of persons organized for philanthropic, charitable, religious, patriotic and/or public service purposes and not for private gain.
OUTDOOR COMMERCIAL SALES AREA
An area outside of a building or structure which is used in conjunction with a business located on the property for exhibiting its goods.
PERSON
Any individual, partnership, voluntary associations and/or corporation.
SIDEWALK AND/OR PARKING LOT SALE
A sales event conducted by one or more persons which is held outside the confines of the commercial or manufacturing structure(s) where such business is normally conducted and which sale involves the outdoor display of goods.
[Added 5-5-03 by Ord. No. 0-5-2003-020; amended 6-30-2025 by Ord. No. O-6-2025-017]
A. 
Permit required; fee. It shall be unlawful for any person to conduct outdoor commercial sales in the Township without first filing an application for and obtaining a permit from the Township Clerk. Upon filing of an application for a permit, the applicant shall pay a fee to cover the costs associated with investigation, administration and enforcement of this chapter. The fees for an application of "Outdoor Commercial Displays and Sales" shall be in accordance with Chapter 39 entitled "Fees" of the Code of the Township of Monroe.
B. 
Application for and exhibition of permit.
(1) 
All applications for permits for outdoor commercial sales must be made at least 20 days prior to the outdoor commercial sale.
(2) 
All permits shall be issued for a period of no longer than 10 calendar days.
(3) 
No more than two outdoor commercial sales may be held by any person in one calendar year.
(4) 
Any permit issued under this chapter must be prominently displayed on the premises where the outdoor commercial sale is being conducted throughout the entire period of the outdoor commercial sale.
C. 
Information to be included in permit application.
(1) 
The following information must be included in every application for a permit pursuant to this chapter:
(a) 
Name of the applicant;
(b) 
The applicant's address and telephone number;
(c) 
A description of the goods or services to be sold;
(d) 
If employed, the name, address and telephone number of the applicant's employer;
(e) 
The location of the outdoor commercial sale;
(f) 
The duration of the outdoor commercial sale for which the permit is sought;
(g) 
If a vehicle or vehicles are to be used in conjunction with the outdoor commercial sale, a description of such vehicle(s), including make, model, year and license plate number;
(h) 
Whether the applicant intends to set up a structure, such as a tent, to be used in conjunction with the outdoor commercial sale;
(i) 
The place where the goods to be sold at the outdoor commercial sale are manufactured or produced;
(j) 
The place where the goods are located at the time of the application and the method of delivery to the site of the outdoor commercial sale;
(k) 
Two photographs of the applicant, taken no more than 60 days prior to the date of the application. The photograph shall measure two by two (2 x 2) inches and clearly show the head and shoulders of the applicant. The picture requirement may be waived by the Township Clerk in connection with a renewal application;
(l) 
Business or banking references from two institutions located within the County of Middlesex, State of New Jersey;
(m) 
A statement indicating whether the applicant has ever been convicted of a crime, disorderly persons offense and/or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor;
(n) 
If the applicant and the owner of the property where the proposed outdoor commercial sale is to take place are not the same person, written permission of the property owner authorizing the use of his property for the outdoor commercial sale.
(2) 
The applicant shall include a zoning permit signed by the Zoning Officer authorizing use of the property and compliance with land development ordinances, including, but not limited to Chapter 108, Subsection 108-5.13.
D. 
Records. The Township Clerk shall maintain a record of all permits issued under the provisions of this chapter and shall record therein all convictions for violations of this chapter and other pertinent information reported to him/her.
E. 
Denial of permit application; appeal.
(1) 
Notice of the denial of a permit application shall be mailed to the applicant's last known address via regular and certified mail. Within 10 days after notice of the denial has been mailed to the applicant, he may file an appeal with the Township Council which must include a written statement fully setting forth the basis upon which the appeal is being taken.
(2) 
The Township Council shall set a time and place for a hearing on the appeal and notice of such hearing shall be given to the applicant. The decision of the Township Council on such appeal shall be final.
F. 
Persons exempt. The requirements of Section 72-2 of this chapter, with respect to permitting, shall not apply to the following:
(1) 
Any person selling agricultural products and/or Christmas trees on property where such products are permitted to be grown and/or sold on property that the Township has previously approved for that use.
(2) 
Any nonprofit organization that sells goods when the proceeds of the sale shall be applied to the expenses of the sale and/or to the nonprofit purpose for which the organization was formed. This exemption shall not apply to an individual who plans to donate the proceeds of a commercial outdoor sale to a nonprofit organization.
(3) 
Any person honorably discharged from military service, who is a resident of the State of New Jersey, pursuant to N.J.S.A. 45:24-9(a) and who has received a license pursuant to N.J.S.A. 45:24-10.
(4) 
Any person who is an exempt member of a volunteer fire department as defined in N.J.S.A. 45:24-9(b), who is a resident of the State of New Jersey and who has received a license pursuant to N.J.S.A. 45:24-10.
Those exempt from the permitting requirements of Section 72-2 are not exempt from any other provisions of this chapter.
A. 
Location of outdoor commercial sales.
(1) 
No person subject to the provisions of this chapter shall conduct an outdoor commercial sale within 1,500 feet of a permanent business selling the same goods, unless the person conducting the outdoor commercial sale is the owner of the permanent business which is within 1,500 feet of the outdoor commercial sale.
(2) 
Goods must be located so as not to interfere with pedestrian and/or vehicular traffic and/or access to any store front. For an outdoor commercial sale taking place in front of a store, there must be at least a five foot clear area in front of the display so that disabled pedestrians and others will have sufficient space to maneuver around the outdoor commercial sale.
B. 
Use of premises.
(1) 
Tents. In order to utilize a tent in conjunction with an outdoor commercial sale, approval of the Fire Official is required. No hook-up to water and/or sewer is permitted. The tent may not exceed 150 square feet and shall not be occupied as living space.
(2) 
Lighting. If lighting is necessary, an electrical permit is required.
(3) 
Signs. No more than two temporary signs may be used in conjunction with the outdoor commercial sale. Such temporary sign(s) shall be no greater than 15 square feet in area, shall not be illuminated and must be set back at least 20 feet from any right-of-way.
C. 
Permitted hours for outdoor commercial sale. Outdoor commercial sales are permitted between the hours of 9:00 a.m. and 6:00 p.m., Monday through Sunday.
D. 
Persons exempt. The requirements of this chapter shall not apply to the following:
(1) 
Any person selling agricultural products and/or Christmas trees on property where such products are permitted to be grown and/or sold on property that the Township has previously approved for that use.
(2) 
Any nonprofit organization that sells goods when the proceeds of the sale shall be applied to the expenses of the sale and/or to the nonprofit purpose for which the organization was formed. This exemption shall not apply to an individual who plans to donate the proceeds of a commercial outdoor sale to a nonprofit organization.
(3) 
Any person honorably discharged from military service, who is a resident of the State of New Jersey, pursuant to N.J.S.A. 45:24-9(a) and who has received a license pursuant to N.J.S.A. 45:24-10.
(4) 
Any person who is an exempt member of a volunteer fire department as defined in N.J.S.A. 45:24-9(b), who is a resident of the State of New Jersey and who has received a license pursuant to N.J.S.A. 45:24-10.
A. 
Enforcement. It shall be the duty of the Township Police Department and/or the Zoning Officer to enforce the provisions of this chapter.
B. 
Violations. Any person conducting an outdoor commercial sale without complying with and/or violating the provisions of this chapter may have his permit summarily revoked by the Zoning Officer. Additionally, if found guilty of any violation of this chapter, such person shall be fined not more than $100 per day for the first seven calendar days during which a violation exists, and not more than $200 per day for each succeeding day during which the violation continues. A separate fine shall be assessed for each violation.
C. 
Revocation of permits.
(1) 
Permits issued pursuant to this chapter may be revoked by the Township Clerk, in writing, for any of the following reasons:
(a) 
Fraud, misrepresentation, or false statements contained in an application for a permit;
(b) 
Fraud, misrepresentation, or false statements made by the permit holder and/or his agents, servants and/or employees in the course of conducting an outside commercial sale;
(c) 
Any violation of this chapter;
(d) 
The permit holder has been convicted of any crime or offense involving moral turpitude;
(e) 
Conducting the permitted outdoor commercial sale in an unlawful manner and/or in such a manner so as to breach the peace and/or to constitute a menace to the health, safety, or general welfare of the public.
(2) 
Revocation of a permit may be appealed to the Township Council in the same manner as the denial of a permit under this chapter. The outdoor commercial sale may not continue during the pendency of any appeal.