[HISTORY: Adopted by the Township Council
of the Township of East Hanover 6-11-2007 by Ord. No. 13-2007.[1] Amendments noted where applicable.]
A.
Sidewalk sales permitted. The conducting of sidewalk
sales as herein defined shall be permitted.
B.
Definition. "Sidewalk sale" shall mean a retail event
in which a group of merchants within a defined shopping center or
business district is allowed to display merchandise for sale outside
of the merchants' places of business during normal business hours.
Under no circumstance shall individual, unconnected or isolated merchants
be licensed to conduct a sidewalk sale.
C.
Regulations and limitations. The following regulations
and limitations shall apply to sidewalk sales:
(1)
The display area must be immediately adjacent to the
place of business, and the sale shall be conducted only during the
regular hours of operation of the business. No merchandise shall be
left outside when the business is closed.
(2)
The merchandise to be sold must be directly related
to the retail establishment, must be neatly displayed and must be
attended by an employee or employees of the business. Adequate provision
shall be made to prevent windblown effects.
(3)
No food or foodstuffs may be displayed or offered
for sale, and no vending machines shall be permitted.
(4)
Displays shall not obstruct doorways nor impede pedestrian
traffic or wheelchair access.
(5)
No display shall be allowed in off-street parking
areas, loading areas or emergency lanes.
(6)
Not more than one temporary sign not exceeding 16
square feet in area shall be permitted in conjunction with the sale.
Individual price and descriptive signs not exceeding 0.5 square foot
may be placed on the merchandise.
(7)
A sidewalk sale shall run not more than three consecutive
days, with appropriate provisions for alternate days necessitated
by inclement weather, and no group of merchants or business area shall
conduct more than two such sales in each calendar year.
A.
Special promotional events permitted. Special promotional
events as herein defined shall be permitted.
B.
Definition. Special promotional events shall be those
events wherein a local business, individually or in association with
a national or regional company, seeks to promote a specific product,
or family of products, through an extraordinary event such as, without
limitation, a tent sale. Special promotional events shall also be
those events at which a local business, individually or in conjunction
with a national or regional company, seeks to entice the public to
its site through entertainment or other activity which may or may
not necessarily seek immediate sales.
C.
Regulations and limitations. The following regulations
and limitations shall apply to special promotional events:
(1)
Where goods or merchandise are involved, the display
area must be immediately adjacent to the place of business, and the
activity shall be conducted only during the regular hours of operation
of the business.
(2)
The goods or merchandise to be sold must be directly
related to the establishment, must be neatly displayed and must be
attended by an employee or employees of the business. Adequate provision
shall be made to prevent windblown effects.
(3)
No food or foodstuffs may be displayed or offered
for sale, and no vending machines shall be permitted; provided, however,
that food may be dispensed as part of the event so long as the merchant
has complied with all regulations of the East Hanover Department of
Health.
(4)
Displays shall not obstruct doorways or impede pedestrian
traffic or wheelchair access.
(5)
No display shall be allowed in required off-street
parking areas, loading areas or emergency lanes.
(6)
Not more than one temporary sign not exceeding 16
square feet in area shall be permitted in conjunction with the event.
Individual price and descriptive signs not exceeding 0.5 square foot
may be placed on the merchandise.
(7)
A special promotional event shall run not more than
three consecutive days, with appropriate provisions for alternate
days necessitated by inclement weather, and such events shall be limited
to four in each calendar year; provided, however, that where an applicant
can demonstrate that a longer time period is dictated by the national
or regional company with which the applicant is affiliated as, without
limitation, a franchisee or dealership, then the longer time period
shall be permitted.
(8)
In cases where the special promotional event consists of entertainment, adequate crowd control measures shall be taken and all such measures shall be subject to prior approval by the Police Chief or his designee. If, in the opinion of the Police Chief or his designee, the event will require a police presence for traffic or crowd control, the merchant shall employ such off-duty officers as may be required pursuant to the provisions of § 79-11 of Chapter 79 of the Code of the Township of East Hanover.
A permit shall be required to conduct a sidewalk
sale or special promotional event.
A.
Persons desiring to conduct a sidewalk sale or special
promotional event shall submit an application to the Business Development
Specialist in the Department of Land Use and Zoning. The fee for such
application shall be $100 for each day the sale or event is to be
conducted (excluding rain dates).
B.
The Business Development Specialist shall review the
application and, if necessary, circulate copies thereof to any department
which in his opinion may be affected by the sale or event or from
which other approvals or licenses are necessary as a prerequisite
to the sale or event permit.
C.
The Business Development Specialist shall rule upon
the permit within five working days of its submission. If he approves,
the permit shall be issued forthwith. If he does not approve, he shall
notify the applicant what must be done to achieve compliance and to
obtain a permit.
D.
If a permit shall be denied, the applicant may appeal
to the Township Council; provided, however, that if there is no Council
meeting scheduled prior to the date proposed for the event or sale
and such date cannot be altered, the applicant shall present his/her
appeal to the Township Administrator, whose decision shall be final.
E.
No permit shall be issued for any sale or event until
the applicant shall have filed with the Business Development Specialist
proof of insurance and a fully executed indemnification agreement
wherein applicant agrees to defend and indemnify the Township of East
Hanover, its agents, servants, representatives or employees from any
claims, damages, judgments, costs or expenses, including attorney
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 any sale or event for which the permit
is issued. The form of agreement is attached hereto and made a part
hereof as if written in full herein.[1]
[1]
Editor's Note: The agreement form is
on file in the Township offices.
To the extent that the provisions of this chapter
conflict with the provisions of the Zoning Ordinance relative to the
sales and events covered herein, the provisions of this chapter shall
prevail.
Any person who violates or who fails or refuses
to comply with the provisions of this chapter, or conducts a sidewalk
sale or special promotional event as defined herein without having
obtained a permit therefor, shall be subject to a fine of not less
than $100 nor more than $2,000 for each violation and for each day
such violation exists.
