[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:
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:
A.
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.
B.
A copy of the trade, corporate, business or fictitious
name upon which the applicant intends to do business pursuant to this chapter.
C.
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.
A.
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:
B.
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.
