[HISTORY: Adopted by the Village Council of the Village of Ridgewood 6-25-1998 by Ord. No. 2638. Amendments noted where applicable.]
There are hereby established procedures, rules and regulations governing the licensing of Ridgewood sidewalk sales during Ridgewood Sale Days in the Central Business District of the Village of Ridgewood.
As used in this chapter, the following terms shall have the meanings indicated:
- PERMITTED SIDEWALK SALES
- Sidewalk sales are permitted only during Ridgewood Sale Days and by any retail or commercial establishment where goods or services are sold upon the public right-of-way, namely the sidewalks immediately in front of any place of business where the goods or services are sold; or where permitted on public property with specific written permission of the Village Manager or on private property with written permission of the owner of record. Sidewalk sales are only permitted during Ridgewood Sale Days and only to the retail or commercial licensees who have obtained a license pursuant to this chapter.
- That area of the public right-of-way reserved for the pedestrian traffic from the curb to the front line of the building housing the retail or commercial establishment.
It shall be unlawful for any person, firm, partnership, corporation, association or organization of any kind (hereinafter collectively referred to as "person") to create, establish, operate, maintain or otherwise be engaged in the business of conducting a sidewalk sale during Ridgewood Sale Days upon the sidewalks of the Village of Ridgewood, or on private property, unless such person shall hold a currently valid permit issued pursuant to the terms of this chapter.
No permit shall be issued hereinunder unless the permittee shall demonstrate that a minimum of four feet of unobstructed sidewalk surface will be available for pedestrian traffic around or through such sidewalk sale and that such sale be directly in front of a retail or commercial establishment. The term "directly in front of" shall be construed to mean the area represented by an extension of each side of the store occupied by the retail or commercial establishment projected directly to the curbline immediately in front thereof.
Application for the permit shall be made to the Building Department and shall be signed by the applicant. The application shall contain the following information:
The name, residence address and telephone number of each individual, owner, partner or, if a domestic corporation, the names, residences, addresses and telephone numbers of the directors and officers owning a ten-percent or greater interest in the corporation and the chief operating executive of the corporation and, if a nondomestic corporation, the name, residence address and telephone number of the managing officer for service of process within the State of New Jersey.
A copy of the trade, corporate, business or fictitious name upon which the applicant intends to do business pursuant to this chapter.
The name and address of the person owning the premises, if other than the applicant, and the consent of the owner of the premises to the application.
The Building Department will review the application for completeness and compliance with the terms of this chapter. If the application is complete, the Building Department will act upon the same and within five business days of the submittal of the application. If the application is not complete, the Building Department will so notify the applicant within five business days of the submission and specifically detail the area in which the application lacks compliance with the requirements of this chapter.
If the application complies with this chapter, the Building Department shall issue a permit strictly subject to the terms and conditions of this chapter.
No permit required by this chapter shall be granted to any person to operate a sidewalk sale until such person shall have filed with the Building Department a statement agreeing to indemnify and hold harmless the Village of Ridgewood, its agents, servants, representatives or employees from any or all claims, damages, judgment costs or expenses, including attorneys fees, which they or any of them may incur or be required to pay because of any personal injury, including death, or property damage suffered by any person or persons as a result of or related in any way to the operation and maintenance of the sidewalk sale for which the permit is issued.
No permit required by this chapter shall be granted to any person to operate a sidewalk sale until such person shall have first filed with the Building Department a certificate of insurance evidencing a general liability insurance policy issued to such person by a public liability insurance company authorized to do business in the State of New Jersey affording the coverage set forth below in the amounts specified for the entire period of the sidewalk sale. Such insurance policy shall name the Village of Ridgewood, 131 North Maple Avenue, Ridgewood, New Jersey, its agents, officers, servants, representatives and employees as additional insured with respect to the operation of the sidewalk sale in the following amounts:
Such insurance policy shall also hold harmless the Village of Ridgewood from any and all claims that may be filed as a result of said sidewalk sale. The Village of Ridgewood shall be a named insured thereon.
Sidewalk sale days shall constitute only those days which are approved specifically by the Village Manager.
No vending machines of any kind are permitted on the exterior of any building operating a sidewalk sale.
The permittee agrees, at the end of the permit period or in the event that the permit is revoked, that the permittee, of his own cost and expense, will vacate the sidewalk space and promptly remove the property placed thereon. Failure to do so shall immediately grant to the Village the right to remove any property on the sidewalk, and the permittee agrees to reimburse the Village for the cost of removing and storing the same.