[HISTORY: Adopted by the Township Council of the of the Township of Willingboro 10-4-1994 by Ord. No. 1994-8 (Sec. 5-10 of the 2003 Revised General Ordinances). Amendments noted where applicable.]
Outdoor seasonal sales shall be licensed in accordance with the following standards:
The retail outdoor seasonal sales of Christmas trees, plants and flowers shall be permitted with respect to Christmas trees and related ornamental greenery only from November 25 through December 31 of each year between the hours of 9:00 a.m. and 9:00 p.m.
The retail outdoor sale of other plants and flowers by merchants or nonprofit groups in any parking lot shall be limited to a maximum period of 28 days during any calendar year, with an additional limit of 14 consecutive days to be followed by a break of at least 14 consecutive days for sales by any merchant before another outdoor sale may occur.
The outdoor seasonal sales license permitted by this chapter for commercial enterprises may be issued only to merchants who operate year-round businesses which regularly sell fruits, vegetables or flowers within their stores or within malls or shopping centers.
No license for an outdoor seasonal sale shall be issued for any area of a parking lot of the store, mall or shopping center or on the premises of a nonprofit organization unless the applicant has first obtained minor site plan approval from the Planning Board. The requirement for minor site plan approval shall not be required to be repeated for each license application, provided that there are no changes from the minor site plan previously approved by the Planning Board.
The applicant for an outdoor seasonal sale license shall demonstrate to the satisfaction of the Township Department of Inspections that:
During the conduct of the outdoor seasonal sale, the remaining portions of the parking lot will contain sufficient parking spaces and adequate traffic circulation to accommodate reasonably required public and employee parking, as well as access for emergency vehicles.
The proposed outdoor seasonal sale will not constitute a fire hazard or safety hazard for patrons and employees.
Employees engaged in the outdoor seasonal sale will be provided with adequate shelter during inclement weather.
No fires of any type shall be permitted.
Provisions shall be made for the containment and disposal of any debris which may be generated by the outdoor seasonal sales.
Upon conclusion of the outdoor seasonal sale, the affected area of the parking lot will be restored to its prior condition, cleared of all remaining vegetation, as well as any remaining materials, supplies, fencing and debris.
Freestanding nurseries and landscape and garden supply businesses located on approved or nonconforming preexisting sites shall not be required to obtain an outdoor seasonal sale license.
Application for an outdoor seasonal sale license shall be made to the Department of Inspections at least 30 days prior to each period of outside sales. The Township Manager may, for good cause, waive the thirty-day application requirement.
Each outdoor seasonal sales license issued under the provisions of § 285-1A shall be valid for a term beginning on or after November 25 and shall expire as of December 31 of the year in which issued. Each outdoor seasonal sale license issued under the provisions of § 285-1B shall be valid for a specific term of 14 days.
There shall be a license fee for each license issued as provided in § 150-7 of the Code of the Township of Willingboro.