Any person desiring a license to sell foods,
goods, wares or merchandise within the Township of Burlington on off-site
property not owned by the applicant shall file an application with
the Township Clerk and pay the required fees pursuant to the provisions
of this chapter.
License and application fees as provided for in this article shall not apply to those persons and entities listed in § 407-8.
Any person desiring a license under this article's
provisions shall submit an application which shall contain the following
information:
A.
Name of applicant.
B.
Name and address of the firm represented, the names
and addresses of the persons from which goods making up the stock
were or are to be purchased.
C.
Three business references.
D.
The length of time for which the license is desired.
E.
A description of the merchandise to be offered for
sale.
F.
Arrests or convictions against the applicant.
G.
A letter from the firm which the applicant purports
to represent, authorizing the applicant to act as its representative.
H.
Location of proposed sale with written authorization
properly notarized from the owner of the property permitting the use
of the said location for the sale.
I.
State sales tax identification number or federal tax
identification number reflecting the legal status of the applicant.
J.
Certificate of insurance with minimum liability coverage
in the amount of $1,000,000, naming Burlington Township as additional
co-insured on the said policy.
A fee of $150 shall be paid for the processing
of each license application and shall apply to each individual who
makes application for the said license. This application fee is nonrefundable.
All applications shall be submitted to the Township
Clerk 45 days prior to the date the requested license activity is
to occur. The application is to be reviewed by the following departments
for the purposes expressed below:
A.
No license shall be issued without the approval of
the three departments set forth above. These determinations shall
be made no later than seven days prior to the date that the license
activity is to occur. Upon notification of said approval, the applicant
shall pay a license fee in the amount of $50. The license shall not
be issued until such time as the application has been approved and
the appropriate license fee paid.
B.
The license which is issued shall be valid for a period
of 30 days from the date of issuance. The license shall be issued
by the Township Clerk, who shall keep all the necessary records pertaining
to the issuance of said license. Said license shall not be transferable
from the person to whom the license was issued to any other person.
The issuance of the license under this article
shall be subject to all other Township ordinances regarding regulation
of parking, signs, lighting, etc.
No person covered by this chapter shall sell
or attempt to sell in accordance with the terms of this chapter before
9:00 a.m. or after 7:00 p.m. Eastern Standard Time, when said time
is in effect, or after 9:00 p.m. Eastern Daylight Saving time, when
said time is in effect.
[Amended 10-11-2005 by Ord. No. 05-OR-033]
No person shall sell any merchandise under the
provisions of this section of the chapter within a distance of 500
feet of the nearest public building, within 500 feet of a commercial
establishment which offers for sale the same merchandise as being
offered by the applicant or within any park or recreation site.
[Amended 10-11-2005 by Ord. No. 05-OR-033]
No vehicle shall be parked upon any public street
or within any park or recreation site at a fixed location for the
purpose of displaying or selling merchandise.
Every person holding a license under this article
shall be required to carry the license. He must produce the license
at the request of any person solicited, a police officer or other
officials of the Township of Burlington. To every person granted a
license under this article, the Township Clerk shall issue a license
certificate bearing the words "Burlington Township Temporary License
For Off-Site Nonowned Property," together with the applicant's photograph,
the number of the license, and the date for which it is issued.
All equipment used by applicants for a license
under the provisions of this article of the chapter shall be maintained
in a clean and sanitary manner, be subject to inspection by the Burlington
County Health Department, and fully comply with the laws of the State
of New Jersey, the rules and regulations of the State Department of
Health and Senior Services, the ordinances of the Township of Burlington,
and the rules and regulations of the Burlington County Health Department.
A license may be denied, suspended or revoked
by the Township Council by reason of violation of the terms of the
license, the violation of any Township ordinance, violation of state
and federal statute, supplying false information in the license application,
or based upon a recommendation received from any of the departments
set forth previously. The applicant/licensed person shall be granted
a hearing by the Township Council upon his request. No fees shall
be returned for any unexpired period of a license nor any fees for
the application, whether or not denied, suspended or revoked.
The Director of Public Safety shall be charged
with the responsibility for the enforcement of the provisions of this
article. The Director of Public Safety shall have the right to suspend
a license for a period of not more than one week without a hearing.
The licensed person shall be granted a hearing upon his request in
the event he chooses to contest the action of the Director of Public
Safety in the suspension of his license.
