[HISTORY: Adopted by the Township Council of the Township
of Pequannock 7-22-1997 as Ch.
147 of the 1997 Code. Amendments noted where applicable.]
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
The sale of Christmas trees and related items for the Christmas
season, held where said goods are sold or displayed in the open air.
Includes but shall not be limited to the sale or an offer
to sell, to the public, goods, wares, and merchandise of any and all
kinds and description on hand in stock in connection with a declared
purpose, as set forth by advertising, on the part of the seller that
such sale is anticipatory to the termination, closing, liquidation,
revision, winding up, discontinuance, conclusion or abandonment of
the business in connection with such sale. It shall also include any
sale, advertised to be an adjustment sale, creditor's sale, executor's
sale, administrator's sale, insolvent sale, insurance salvage sale,
mortgage sale, assignee's sale, adjustor's sale, receiver's sale,
loss of lease sale, forced out of business sale, removal sale, and
any and all sales advertised in such manner as to reasonably convey
to the public that, upon the disposal of the stock of goods on hand,
the business will cease and be discontinued.
A sale held out in such manner as to reasonably cause the
public to believe that the sale will offer goods damaged or altered
by fire, smoke, water or other means.
An open air sale involving multiple vendors selling a variety
of goods on a common property.
Includes any goods, wares, merchandise or other property
capable of being the object of a sale regulated hereunder.
A sale where a new line of goods is offered to the public
of any kind and all descriptions, whether in the new opening of a
store or in the introduction of a new line of goods.
Any organization recognized as a nonprofit organization by
the Internal Revenue Code.
Any sale such as a parking lot sale, sidewalk sale or any
sale where goods are displayed and/or sold in an unenclosed area such
as the sidewalk or parking lot on premises of the seller.
Includes an individual, association, partnership or corporation.
Any and all means of conveying to the public notice of sale
or notice of intention to conduct a sale, whether by word of mouth,
letter, newspaper advertisement, magazine advertisement, handbill,
written or printed display, billboard display or poster, whether in
or away from the business location, radio announcement and any and
all other means, oral or written.
A sale held out in such manner as to reasonably cause the
public to believe that the person conducting the sale will cease and
discontinue business at the place of sale upon disposal of the stock
of goods on hand and will then move to and resume business at a new
location or will then continue business from other existing locations.
It shall be unlawful for any person to publish, announce or
conduct any sale of the type or kind herein defined without first
obtaining a license therefor in compliance with the provisions of
this chapter. No license shall be issued for an open air sale unless
sponsored by a nonprofit organization or as otherwise permitted by
this chapter, and with the exception of a flea market or Christmas
sale all participating displayers or sellers shall own or lease permanent
premises within 25 feet of the place where the outdoor display or
sale will be conducted and shall consist of merchandise normally sold
by the displayer or seller.
A.
A person
desiring to conduct a sale regulated by this chapter shall make written
application to the Township Zoning Officer setting forth and containing
the following information:
(1)
The true names and addresses
of the owners of the goods to be the object of the sale.
(2)
A description of the place
where such sale is to be held.
(3)
The nature of the occupancy,
whether by lease or sublease, and the effective date of termination
of such occupancy.
(4)
The dates of the period of
time in which the sale is to be conducted.
(5)
The means to be employed in
advertising said sale, together with the proposed content of any advertisement.
(6)
A complete and detailed inventory
of the goods to be sold at said sale as disclosed by the applicant's
records. Said inventory shall be attached to and become part of the
application. A complete and detailed inventory shall not be necessary
in applications for a grand opening or flea market sale. A flea market
sale shall list the names of the participating vendors together with
an indication of the type of wares intended to be sold.
B.
All applications
shall contain a hold harmless clause running to the Township. In the
event that any sale will occur within any part of the right-of-way
of the Township, evidence of insurance shall be submitted with the
application in an amount deemed sufficient by the Township Zoning
Officer.
C.
All applications
shall be co-signed by the property owner or his authorized agent.
When the owner is not signed personally, the authority of the agent
must be in writing.
D.
For nonprofit
organizations, a copy of the Internal Revenue Service tax exemption
certification shall be submitted.
[Amended 3-24-2009 by Ord. No. 2009-2; 10-26-2010 by Ord. No. 2010-24; 11-9-2010 by Ord. No. 2010-31]
Any applicant for a Christmas sale license hereunder shall submit to the Zoning Officer, with his application, a license fee as provided in Chapter 152, Fees, together with a refundable deposit as provided in Chapter 152, Fees, which shall be returned upon cleaning and restoring of the site and compliance with such other conditions which may be provided with the license, except that the fee shall be reduced as provided in Chapter 152, Fees, for a permit issued to an organization that has a 501(c)(3) exemption issued by the Internal Revenue Service.
The Township Zoning Officer shall have the following duties:
A.
To receive applications for all
licenses hereunder and process the same as required herein. No application
shall be accepted by the Township Zoning Officer unless submitted
a minimum of one calendar week prior to the sale event.
B.
After the receipt of all fees
and charges and reports required by the nature of the application,
to refer the application with the required attachments to the Chief
of Police for review and approval.
C.
In the event of favorable action
by the Township Chief of Police, to issue the license, provided that
all regulatory fees and charges and municipal taxes, if any, pertaining
to the license have been paid.
D.
To keep all records pertaining
to said licenses, licensees and agents.
E.
To establish the application forms
for issuance of all licenses hereunder, including, where desired,
a requirement that said application be executed under oath, and establish
procedures for processing to minimize duplication.
A.
In considering the application,
the Zoning Officer may grant or deny a license dependent upon whether
or not the applicant can show good and proper traffic patterns, sufficient
parking to handle the sale traffic, that there will be no impairment
of the general welfare and that the health, safety and welfare of
the public will not be adversely affected.
B.
Where the sales are to take place
in the parking lot outside the premises, in front of the premises
or in an area contiguous to the premises, the applicant shall submit
to the Zoning Officer a plot plan detailing the name and title of
the applicant; all dimensions of setbacks, side yards, and rear yards;
landscape area; the size, kind and location of fences; the size and
type of plant material; the location and dimensions of all signs and
exterior lighting; the location of existing and/or proposed principal
building and all accessory structures; a proposed plan for traffic
control, parking of cars, and public safety; and the area where the
sale is to take place.
A.
Closeout and grand opening sales.
The license shall authorize the sale described in the application
for a period of not more than 30 consecutive days following the issuance
thereof.
B.
All other sales. The license shall
authorize the sale described in the application for a period of not
more than three consecutive days following the issuance thereof. Such
license shall be renewed, in the discretion of the Zoning Officer,
for an additional period of time not exceeding three days, upon application
being made for such renewal, which application must be accompanied
with a revised inventory showing the items listed on the original
inventory remaining unsold and not listing any goods not included
in the original application and inventory.
C.
Christmas sales. The license shall
authorize the sale for a period of not more than 45 days commencing
November 15 in any one year.
The license shall authorize only the type of sale and goods
for sale described in the application at the location named therein.
Any license provided for herein shall not be assignable or transferable.
A.
A licensee
hereunder shall:
(1)
In the case of closeout sales,
make no additions whatsoever during the period of the licensed sale
to the stock of goods set forth in the inventory attached to the application
for license.
(2)
Refrain from employing any
untrue, deceptive or misleading advertising.
(3)
Conduct the licensed sale
in strict conformity with any advertising incidental thereto.
(4)
Keep any other goods separate
and apart from the goods listed in the filed inventory as being objects
of sale and make such distinction clear to the public by placing tags
on all inventoried goods in and about the place of sale, apprising
the public of the status of all such goods.
(5)
Display the license in a
prominent place on the window of the premises where the sale is to
be held so that it is clearly visible from the exterior of said premises.
(6)
Keep suitable books and records
at the place of sale and make the same available for inspection by
the Zoning Officer or his authorized representatives.
(7)
Make provisions for security
and traffic control as determined by the Chief of Police whose decisions
shall be attached to the license as a condition of approval.
A.
The provisions of this chapter
are intended to augment and be in addition to the provisions of other
applicable licensing ordinances of the Township.
B.
Where this chapter imposes a
greater restriction upon persons, premises, businesses or other practices
than is imposed by any other licensing ordinance of the Township,
then this chapter shall control.
Upon the death of the person doing business in this Township,
his or her heirs, devisees or legatees or executors or administrators
shall have the right to apply at any time for a license under this
chapter.
Any person who has held a sale, as regulated hereunder, at the
location stated in the application within one year last past from
the date of such application shall not be granted a license for the
same type of promotion or sale, except that a person may receive one
additional license for a different type of promotion or sale within
the aforesaid one-year period so long as that promotion or sale is
different in kind from the first license granted.
A.
Where a person applying for a
license hereunder operates more than one place of business, the license
shall apply only to the one store or branch specified in the application,
and no other store or branch shall advertise or represent that it
is cooperating with it, or in any way participating in the licensed
sale, nor shall the store or branch conducting the licensed sale advertise
or represent that any other store or branch is cooperating with it
or participating in any way in the licensed sale.
B.
Sales may take place in front
of premises, in the parking lot outside premises or in any approved
contiguous area to premises, but only for the time specified in the
license, and thereafter sales shall return within the confines of
regular sales area.
The provisions of this chapter shall not apply to or affect
the following persons:
A.
Purposes. The sidewalk cafe regulations
as established by this section are designed to permit sidewalk cafes
to be established on public property in locations where they are determined
to be appropriate by these regulations and all applicable related
ordinances established to promote and protect the public health, safety
and general welfare. These general purposes include the following
specific purposes:
(1)
To
ensure that adequate space is provided for pedestrian circulation
through areas where sidewalk cafes are established and to ensure adequate
access to adjoining properties and businesses.
(2)
To
encourage the establishment of sidewalk cafes as one means of developing
a pleasant and distinctive shopping atmosphere.
B.
SIDEWALK CAFE
Definitions. As used in this
section, the following terms shall have the meanings indicated:
The extension of the services of an existing restaurant preparing
and serving foods for consumption within an existing building, to
the extent that food is permitted to be served and consumed at tables
placed on the public sidewalk adjacent to and within the confines
of the frontage of that portion of the building in which the restaurant
is situated. A sidewalk cafe may contain readily removable tables,
chairs, temporary railings and planters but shall be otherwise unenclosed
by fixed walls and open to the air except for retractable awnings,
umbrellas or other nonpermanent covers, provided such covers do not
interfere with pedestrian circulation.
C.
License required. Any person,
firm or corporation may operate a sidewalk cafe (hereinafter called
a "cafe") within the Township of Pequannock in any zone in which a
restaurant use is permitted on the sidewalk adjacent to an existing
restaurant operated by such person, firm or corporation upon obtaining
a license from the Director of Planning. Such license shall allow
the operation of a cafe from April 1 up to and including November
1 of any calendar year and may be renewed annually.
D.
Application procedures, requirements
and fee.
(1)
Application and fee. Each applicant for a license shall submit a letter of application together with three copies of a development plan for the cafe and a nonrefundable fee as provided in Chapter 152, Fees, to the Director of Planning. The letter of application shall state the name and address of the applicant, the property owner if other than the applicant, the person preparing the development plan and the written authorization of the owner of the property to submit the application if the applicant is not the owner.
(2)
Development plans. The following
information shall be shown on all development plans:
(a)
The applicant's entire
property and adjacent properties.
(b)
The design and location
of all temporary structures proposed, including tables, chairs, planters,
awnings and other equipment, as well as lighting and electrical outlet
locations, if any.
(c)
Capacity of the existing
restaurant and proposed cafe.
(d)
Proposal for providing
adequate pedestrian circulation.
(3)
Referral of development plans.
Prior to the issuance of a license pursuant to this section, the development
plans and applications shall be referred to the Construction Official
and Fire Official along with the Director of Planning who shall recommend
approval, disapproval or modification of said plans within 10 days
of submission of the plans.
(4)
Conditions for issuance of
license. Upon approval of the application and plans submitted by the
applicant pursuant to this section, the Director of Planning shall
issue a license to the applicant provided the applicant has furnished
the Township of Pequannock the following:
(a)
An agreement by the applicant
to repair any damage caused to the sidewalk in the operation of the
cafe at the expense of the applicant. The Township Manager may require
a bond to be filed by the applicant in an amount to be fixed by the
Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
An agreement by the applicant
indemnifying the Township against loss, including costs and expenses,
resulting from injury to person or property as a direct or indirect
result of the operation of the cafe or for injury to person or property
occurring on the premises occupied by the cafe. The applicant shall
provide an insurance policy to the Township in the amount of $500,000
which amount shall be stipulated on the liability policy and naming
the Township as co-insured.
E.
Rules, regulations and specifications.
A cafe authorized and operated pursuant to this section shall comply
with all of the following rules, regulations and specifications:
(1)
The applicant and/or operator
shall fully comply with all plans submitted and approved by the Director
of Planning under the terms of this chapter.
(2)
Within 30 minutes after the
closing of the cafe, the operator shall have all furniture, utensils,
customers or any other materials used in the operation of the cafe
or within the area used by the cafe removed from the sidewalk area.
Said closing shall be no later than 10:00 p.m.
(3)
The area of operation shall
be kept clean and free of litter. Sidewalks shall be washed daily
and trash receptacles shall be provided as approved by the Health
Department.
(4)
Music, if any, shall be kept
at a reasonable level that is not unnecessarily loud or objectionable
to persons in or around the area.
(5)
The operator shall maintain
an area free of any obstruction a distance of 36 inches from the curb
and an aisle for pedestrian movement through the area at least 44
inches in width and shall see to it that tables, chairs and other
materials do not interfere with these required open areas and pedestrian
traffic.
(6)
The operator shall comply
with all the requirements of N.J.A.C. 8:24-1 et seq., also known as
Chapter XII of the New Jersey State Sanitary Code, and N.J.S.A. 24:15-1
et seq.
(7)
The operator shall comply
with all other ordinances of the Township of Pequannock.
F.
Notice of violation; failure
to comply. Upon a finding by the Township Zoning Officer that a sidewalk
cafe or the owner of the property on which a sidewalk cafe is operated
has violated any provisions of this section, the Township Zoning Officer
shall give notice to the responsible individual to correct said violation
within 24 hours of receipt of said notice. Upon failure to correct
said violation within 24 hours, the Township Zoning Officer may revoke
the operator's license issued pursuant to this section. Upon the revocation
of such license the operator shall be entitled to a hearing and notice
thereof, if such is requested, within five days of revocation.
G.
Sale and consumption of alcoholic
beverages prohibited. The consumption or sale of alcoholic beverages
is prohibited within a cafe.
H.
Penalties for offenses. Any person
violating the provisions of this section shall be subject to the revocation
of the license and a penalty of $100 each day that an offense continues.
