[HISTORY: Adopted by the Mayor and Council of the Borough of Bellmawr 4-22-2022 by Ord. No. 03:07-21. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
BLOCK PARTY
An event sponsored by a nonprofit block association registered with the Resident Response Center, organized for the purpose of stimulating civic pride and involving the closure of a single block of a street, or a portion thereof, for a single day.
CARNIVAL
A temporary outdoor event, open to the general public, featuring mechanical amusement rides, games of skill, vendors selling food and amplified and/or live music.
COMMUNITY CLEAN-UP
An event held by a nonprofit organization, community group or an individual with a preexisting relationship with the proposed event location, held for the purpose of improving the neighborhood/event location.
FARMERS' MARKET
A temporary market as defined in § 175-18,[1] established in a public space where farmers/growers sell a variety of farm products directly to consumers.
FESTIVAL
A public event requiring the use of public space, such as a Borough park or street featuring entertainment and in which the general public can purchase food and goods provided by vendors who may pay a fee to participate. Such events may be for one day or may last several days and may include amplified or live music.
FLEA MARKET
A temporary outdoor market featuring vendors who sell or trade used nonfood products. Food products may be available for sale at flea markets on a limited basis at the discretion of the Department of Health and Human Services.
NOT-FOR-PROFIT CORPORATION
A federal tax exempt, nonprofit corporation incorporated in New Jersey. A New Jersey corporation which can demonstrate proof of pending federal tax exempt status shall also be deemed a nonprofit corporation for the purposes of this chapter.
OFFICE OF MUNICIPAL CLERK
The office which serves as the primary point of intake for all applications for public assemblies.
OUTDOOR MARKET
A temporary commercial event hosted by either a community group or a nonprofit organization requiring a street closure of one block or more or the use of public space in which the general public can purchase newly made goods or services provided by vendors who pay a fee to participate. Outdoor markets may feature amplified and/or live music.
PARADE
A procession of people, organized along a street, typically spanning more than one block.
PERSON
An individual or an organization defined as a person under New Jersey law.
PROMOTIONAL EVENT
An event, open to the public, which is intended to promote, advertise or introduce a product, corporation or company or the goods or services of a corporation, or company.
PUBLIC ASSEMBLY
A group of people gathered together in one place for a common purpose making temporary, exclusive use of a public space, street or sidewalk. Public assemblies include, but are not limited to, block parties, carnivals, community clean-up events, festivals/fairs, farmers' markets, flea markets, outdoor markets, parades and promotional events.
[1]
Editor's Note: So in original.
A. 
It shall be unlawful to host a public assembly without first obtaining a permit from the Office of the Municipal Clerk. Once an application has been submitted, officials from the Office of Municipal Clerk will circulate the application to the various other Borough departments necessary for the application's final approval.
B. 
It shall be unlawful for any person to erect or cause to be erected any temporary structure larger than 900 square feet to be used for any public assembly whatsoever within the Borough without first obtaining a permit from the Office of the Municipal Clerk.
C. 
Any permit approved under § 359-2A, shall be subject to the following conditions:
(1) 
Hours of operation, 10:00 a.m. to 10:00 p.m. on Sunday through Thursday and from 10:00 a.m. to 11:00 p.m. on Friday and Saturday, and all musical activity shall cease one hour before closing time.
(2) 
Sale of alcohol. If any special permit has been issued for the sale of alcoholic beverages, all sales, offers for sale and serving of alcoholic beverages shall cease 1/2 hour before closing time unless the Chief of Police or a representative of the Chief directs an earlier cessation.
The following restrictions shall apply to the following public assemblies:
A. 
Block parties. Block parties are organized for the purpose of stimulating civic pride and must not be for private affairs, e.g., family reunions, birthday parties, and weddings. The sale of food, goods or beverages (alcoholic or otherwise) is expressly forbidden at a block party. Block associations may apply for up to two block parties per year and the hours, days, and months of operation for block parties shall be limited to 12:00 noon to 6:00 p.m. on Saturdays and Sundays during the months of May through October.
A. 
Permits. The applicant for such permission shall file an application in writing with the Office of the Municipal Clerk on the forms prescribed by the Office in the manner set forth below in accordance with the fee schedule below:
Event Type
Application Deadline
Fee
Block party
30 days
$50
Carnival
90 days
$250
Farmer's market
60 days
$250
Flea market
60 days
$250
Outdoor market
60 days
$250
Parades
90 days
$500
Public assembly
60 days
$500
Public assembly with temporary structure
90 days
$500
Promotional event
30 days
$100
B. 
Insurance. All applicants seeking permission for a public assembly shall provide proof of general liability insurance from an A.M. Best-rated insurance company in the amount of $1,000,000 and must name the Borough of Bellmawr as an additional insured unless waived by the Borough Council. If the public assembly includes the sale of liquor, the applicant must obtain a permit from Alcoholic Beverage Control and must provide proof of general liability insurance from an A.M. Best-rated insurance company in the amount of $2,000,000.
C. 
Temporary structures. Any application which includes the erection of a temporary structure larger than 900 square feet shall include a set of building plans in accordance with the forms prescribed by the Office of Cultural Affairs. All temporary structures are subject to inspection by the Director of Public Safety or his or her designee prior to use.
D. 
Bonds. Applicants shall provide a cash bond in the sum of $1,000 conditioned upon holding the Borough harmless from any and all liabilities or causes of action which might arise by virtue of the granting of a permit to the applicant and conditioned further that no damage shall be done to the streets, sewers, trees or adjoining property and that no dirt, paper, litter or other debris shall be permitted to remain upon the streets or upon any private property by such applicant. Such cash bond shall be returned to the applicant upon certification by the license issuing authority that all conditions of this chapter have been complied with.
Any application for a public assembly which includes the sale of food and beverages, if permitted, shall also be referred to the Health Officer for approval and issuance of a certificate of health inspection in addition to the public assembly permit. The applicant's equipment and practices shall be subject to inspection at the time of application and at periodic intervals thereafter. No public assembly involving the sale of prepared food will be permitted without obtaining permission from the Health Officer.