Chapter 69A. Seasonal Sales

CHAPTER 69A SEASONAL SALES

§69A-1 Prohibition

§69A-2 Definitions

§69A-3 Application

§69A-4 Fees

§69A-5 Rules & Regulations

§69A-6 Exception

§69A-7 Penalties

§69A-8 Repealer

§69A-9 Severability

§69A-10 When Effective

[HISTORY: Adopted by the Township Council of the Township of Gloucester on 11-10-97 by Ord. O-97-32. Amendments noted where applicable.][Amended on 09-22-08 by Ord. O-08-24 in Total]

BE IT ORDAINED by the Township Council of the Township of Gloucester, in the County of Camden, State of New Jersey, as follows:

§69A-1. PROHIBITION

Within the Township of Gloucester, no person, firm, company, corporation, club or association shall sell seasonal goods without first having obtained and validly retaining a “Secondary Permit” therefore as herein provided.

§69A-2. DEFINITIONS

Seasonal Sales shall be defined as the sale of seasonal goods, such as Christmas trees, Easter flowers and Mother’s Day flowers.

§69A-3. APPLICATION

Prior to January 31, 2009 - An application for a seasonal sales (Secondary License) permit shall be made to the Township Clerk not less than forty-five (45) days prior to the intended sale.

After January 31, 2009 - An application for a seasonal sales (Secondary License) permit shall be made to the Township Clerk, simultaneous with and part of the annual “Mercantile License” (Primary License) permit process pursuant to Chapter 63 of the Code of the Township of Gloucester. NO Seasonal Sales permit license will be issued subsequent to the issuing of the initial or annual “Mercantile License”. NO Seasonal Sales permit will be issued to persons other than the holder of the Primary “Mercantile License”.

Application for a Seasonal Sales permit shall contain the following information:

1. The name and address of the Applicant.

2. License number and nature of business of primary “Mercantile License”.

3. The location and size of the primary business site.

4. A survey or site drawing showing the location and area to contain the items for Seasonal Sales.

5. The dates and times that items Seasonal Sales will be sold during the calendar year - not to exceed three times per calendar year.

A Seasonal Sales (Secondary License) shall expire simultaneous with Mercantile License (Primary License).

§69A-4. FEES

Each application for Seasonal Sales (Secondary License) shall be accompanied by a non-refundable fee of $350.00.

§69A-5. RULES & REGULATIONS

The Township Clerk and the permit holder will be governed by the following rules and regulations with any other pertinent provisions of any other ordinance or statutes.

A. The zoning of the site to be used must provide for such use within that zone except where the applicant is a church, fire company or other non-profit organization and is the owner or has consent of the owner of the site.

B. The capacity of the function site for the particular sale will be determined by the appropriate Township personnel from a structural, fire and general safety standpoint. The site must comply with the following performance standards:

1. The parking area must be paved with bituminous pavement or concrete.

C. Adequate precautions and arrangements will be made for the orderly entrance and exit of patrons and for their safety.

D. No permit shall be transferable as to person or place or valid for a date not specifically set forth therein.

E. A Seasonal Sales (Secondary License) holder may sell only three (3) Seasonal Sales items per calendar year as disclosed in the Application.

F. An applicant whose application is denied or revoked may appeal the action of the Township Clerk to the Township Council by filing a written notice of such application with the Township Clerk. The Township Council shall be controlled by the provisions herein.

G. When all the provisions of this ordinance have been met the Township Clerk will issue a license to the applicant. The applicant shall be exempt from this fee when it is a church, fire company or another non-profit organization, and is the owner of the site.

§69A.6 EXCEPTION

Nothing in this Chapter shall be interpreted to prohibit a Church, Volunteer Fire Company or other Not-for-Profit Organization of the State of New Jersey from conducting the sale of items of Seasonal Sales on property owned by them. However, a Church, Volunteer Fire Company or other Not-for-Profit Organization of the State of New Jersey shall be required to make application for and receive a Seasonal Sales permit. The application fee shall be waived. The Church, Volunteer Fire Company or other Not-for-Profit Organization of the State of New Jersey shall be required to follow the above Rules and Regulations and assure that their property is cleaned after the sale.

§69A.7. PENALTIES

Any person violating the provisions of this ordinance shall, upon conviction, be punished either by imprisonment for a term not exceeding ninety (90) days or by a fine not exceeding One Thousand ($1,000.00) Dollars, or both. Each day that any violation continues shall be considered a new and separate violation of this ordinance.

§69A.8. REPEALER

All ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency.

§69A.9. SEVERABILITY

If any section, subsection or part, clause or phrase of this Ordinance shall be declared invalid by judgment of any court of competent jurisdiction, such section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of the ordinance.

§69A.10. WHEN EFFECTIVE

This Ordinance shall take effect immediately after final passage and publication as required by law.