[HISTORY: Adopted by the Township Committee of the Township of Boonton 10-27-1986
by Ord. No. 362. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any lot or building, tent, table, rack or other structure,
including motor vehicles, along or adjacent to a roadway, where any article
of food or drink for human consumption or any novelty, toy, animal, bird or
any other article is offered for sale to passing roadway traffic, and shall
exclude regularly established butcher shops, drug, confectionary, stationery
or grocery stores, restaurants or lunchrooms or other similar establishments.
It shall be unlawful for any person or body corporate to operate or
conduct a wayside stand without having first procured an annual license from
the Township Committee.
A.
The annual fee for said license shall be as set forth in Chapter 82, Fees, and must accompany the application for the license.
[Amended 5-8-1989 by Ord. No. 405]
B.
All such licenses shall expire on December 31 of the
year in which the same are granted.
C.
Application for such license shall be made in writing,
setting forth a description of the stand, the road and point therein located,
the distance from the side of the road and traveled part thereof and the nature
of the business to be conducted. The holder of any license shall make no changes
in any of these respects after obtaining his or her license without obtaining
a new license or obtaining the written approval of the Township Committee
for such changes.
D.
The licenses issued shall be effective for a period of
one year, commencing on January 1 and renewable for succeeding years thereafter
upon payment of the annual fee and compliance with the requirements of this
chapter and all other applicable laws and regulations.
A.
Any license issued under the terms and provisions of
this chapter may be suspended or revoked by the Township Committee of the
Township of Boonton for the violation by the licensee of any provision of
this chapter, or whenever it shall appear that the business, trade, calling,
profession or occupation of the person, firm or corporation to whom such license
was issued is conducted in a disorderly or improper manner or in violation
of any law of the United States, State of New Jersey or any ordinance of this
municipality or that the person or persons conducting or operating the wayside
stand is of unfit character to conduct or operate the same or that the purpose
for which the license has been issued is being abused to the detriment of
the public or is being used for a purpose foreign to that for which the license
was issued.
B.
A license may be denied, suspended or revoked for any
such wayside stand erected or to be erected within 15 feet of any building
line or within 20 feet of the paved or traveled portion of any roadway or
where the operation or conduct thereof would cause interference with or congestion
of roadway traffic upon the roadway or create a danger or menace to the public
convenience, peace, health, safety or welfare or be contrary to the Township
Land Use Ordinance.[1] No wayside stands or the surrounding grounds shall be illuminated
in such manner as to interfere with or inconvenience roadway traffic or to
cause annoyance or nuisance to the neighboring residents.
C.
A licensee issued under the terms and provisions of this
chapter shall not be revoked, canceled or suspended until a hearing thereon
shall have been had by the Township Committee. Written notice of the time
and place of such hearing shall be served upon the licensee at least three
days prior to the date set for such hearing. Such notice shall also contain
a brief statement of the grounds to be relied upon for revoking, canceling
or suspending such license. Notice may be given either by personal delivery
thereof to the person to be notified or be deposited in the United States
Post Office in a sealed envelope, postage prepaid, addressed to such person
to be notified at the address appearing upon said license. At the hearing
before the Township Committee, the person aggrieved shall have an opportunity
to answer and may thereafter be heard, and, upon due consideration and deliberation
by the Township Committee, the complaint may be dismissed, or, if the Township
Committee concludes that the charges have been sustained and substantiated,
it may revoke, cancel or suspend the license held by the licensee, as appropriate.
D.
If any such license shall have been revoked, neither
the holder thereof nor any person acting for him, directly or indirectly,
shall be entitled to another license to carry on the same business within
the Township unless the application for such license shall be approved by
the Township Committee.
No provision of this chapter shall be applied so as to impose any unlawful
burden on either interstate commerce or any activity of the state or federal
government.
[Amended 3-9-87 by Ord. No. 365; 4-9-2007
by Ord. No. 739]
Any person, firm or corporation convicted of violating any of the provisions of this chapter shall be subject to a fine of not less than $10 and shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code.
This chapter is being enacted pursuant to N.J.S.A. 40:52-1.
[Amended 3-9-87 by Ord. No. 365]
The Township Committee of the Township of Boonton shall be responsible
for the administration of this chapter. This chapter shall be enforced by
the Township of Boonton Zoning Officer.
