[HISTORY: Adopted by the Mayor and Council of the Borough
of Chester 11-4-2013 by Ord. No. 2013-12. Amendments noted where applicable.]
The purpose of this chapter is to permit and regulate a form of historic seasonal business (market) activities which were once prevalent in the Borough and which are not squarely addressed by Chapter 203 (Special Events) of the Borough Code. The intention of this chapter is to address said activity on both municipal and private property.
For the purpose of this chapter, the terms used herein are defined
as follows:
A sale by farmers, growers, or producers from the local area,
direct to the public, of farmed food products and produce, including
those grown, cultivated, raised, bred, harvested, caught, pickled,
baked, smoked, processed, or prepared, together with the incidental
sale of natural-based products, foods and beverages to patrons.
A farmers' market as defined above.
Any person, persons, firm, association, partnership, corporation
or any other entity that occupies space at a farmers' market
for the purpose of selling or displaying for sale any item, including
food and beverages.
Farmed food products and produce, including those grown,
cultivated, raised, bred, harvested, caught, pickled, baked, smoked,
processed, or prepared, together with the incidental sale of natural-based
products, foods and beverages to patrons.
A person or a not-for-profit that proposes to operate a farmers'
market within the Borough of Chester that is licensed pursuant to
this chapter.
The selling, or soliciting for sale, of goods, merchandise
or services the proceeds of which action are devoted exclusively to
philanthropic, charitable or religious purposes, as defined in the
Internal Revenue Code, 26 U.S.C. 501, for a religious, charitable,
civic, or veteran organization, service club, volunteer fire or first-aid
company that is located in or has a substantial membership from or
provides substantial service to the Borough or its inhabitants.
Includes the singular and plural and shall also mean and
include any person, firm, corporation or partnership or other fictitious
person or de jure entity.
A.
Except as otherwise provided herein, it shall be unlawful for any
person to operate a farmers' market within the Borough of Chester
without first obtaining a license as required by this chapter and
otherwise complying with all other applicable statutes, regulations
and ordinances.
B.
It shall be unlawful for any person to violate the regulations set
forth in this chapter or any provision hereof whether or not licensed
hereunder.
There are hereby created two classes of licenses required for
a farmers' market: one for the proprietor of the market and one
for the concessioners participating in said market.
A.
Market proprietor license.
(1)
A market proprietor license may be issued to a person or entity qualified
herein as a proprietor.
(2)
Any proprietor who proposes to conduct a farmers' market shall
first file a written reservation request with the Borough Clerk, and,
if any farmers' market is to take place on a public park, the
request must also be filed with the Board of Recreation Commissioners,
setting forth the date(s) of the proposed farmers' market on
a form provided by the Borough. Such request must be filed with the
Borough Clerk no earlier than October 1 and no later than November
1 of the calendar year prior to that for which a license is sought.
In no event shall a license issue unless a written request for same
has first been submitted within the aforesaid period. This time period
may only be relaxed by the Mayor and Council, in the exercise of its
sound discretion, upon good cause for the delay being shown by the
applicant to the satisfaction of the Mayor and Council and only if
the request is made at least 90 days prior to the first market date
requested. The request shall be provided by the Borough Clerk to the
Mayor and Council for its consideration. Filing of the request shall
not guarantee approval of said farmers' market or issuance of
a market proprietor license. The request form shall include the following:
(a)
Specification of the nature of the market proposed, and a general
description of the goods to be sold.
(b)
The date, location, and hours of operation of the proposed market(s)
and alternate dates, which may be allowed if such market is canceled
for circumstances beyond the control of the applicant.
(c)
All of the contemplated dates on a single form, if more than
one date is contemplated within the same calendar year.
(d)
In no event shall the filing of a request hereunder excuse compliance
with any other ordinance, notwithstanding that said ordinance shall
not have been disclosed by the Borough Clerk.
(3)
If the reservation request shall be approved by the Mayor and Council, and the Board of Recreation Commissioners if the market is to take place on a public park, an applicant for a market proprietor shall submit an application for a proprietor's license to conduct the market to the Borough Clerk, together with payment of such charges as may be required from time to time. All applications for a market proprietor's license must be submitted within 60 after approval of the reservation request. An application for a market proprietor's license must include all information required by § 202-5 of this chapter. Approval of a reservation request will not guarantee that a market proprietor license will be issued.
B.
Market concessionaire license.
(1)
Application for a market concessionaire license shall be made no
later than 14 days prior to the market for which a concessionaire
license is sought.
(2)
A market concessionaire license shall be issued by the Borough Clerk
to those persons defined herein as a market concessionaire and whose
application for said license shall be approved as set forth in this
section.
(3)
A market proprietor may be designated by the Borough Clerk as the agent of the Borough Clerk for a market, in accordance with § 202-11C.
(4)
A market concessionaire license shall be obtained and a license fee
paid for each date on which a market concessionaire proposes to operate
as set forth herein. The Borough Clerk or agent designated hereby
may issue a market concessionaire license with more than one date
endorsed thereon, provided that the applicant shall pay the daily
fee to the Borough Clerk or agent for each proposed date in advance.
(5)
In the event a market proprietor shall cancel or postpone a scheduled
market by 9:00 a.m. on the date for which the same shall have been
scheduled, due to circumstances beyond the control of the proprietor,
any market concessionaire license valid on that date may be used by
the concessionaire in the event that the proprietor shall have provided
for a rescheduling of a market as provided herein, upon the license
being presented to the Borough Clerk or its agent, who shall revalidate
same.
(6)
The Borough Clerk or agent shall not refund any fee, or portion thereof,
paid hereunder, for any reason.
A.
An application for a market proprietor license shall be submitted,
under oath or affirmation, to the Borough Clerk with the applicable
fee. This fee shall not be refundable and shall be used to defray
the costs of investigation and processing. The applicant for a market
proprietor license shall provide the following information:
(1)
Name and address of the applicant;
(2)
Description of the applicant;
(3)
Name and address of the representative of an entity, if any, and
an acknowledged statement from the entity certifying that the representative
is authorized to act as the entity's representative;
(4)
If the applicant is a natural person, the names, addresses and telephone
numbers of three persons who have known the applicant for a period
in excess of three years;
(5)
If the applicant is a natural person, the place of residence of the
applicant for the three years immediately preceding the date of application;
(6)
A brief description of the nature of the market and a description
of the market items to be offered for sale or purchase at the market
or market(s) on the dates reserved;
(7)
A list of any criminal or disorderly persons offense convictions
(indicating the places of arrests, the number and places of convictions,
the nature of the convictions, and the statutory reference for the
offense) of the representative or natural person completing the application;
(8)
Two current passport photographs showing the full face of the representative
or natural person making the application, which photos shall be affixed
to the application;
(9)
Proof of tax identification number issued by the State of New Jersey
to the applicant;
(10)
Proof of current sales tax filing by the applicant with the
State of New Jersey, pursuant to N.J.S.A. 40:52-1.3;
(11)
Date, hours of operation, location plan of market concessionaires,
an index of market concessionaires, and the market items to be sold
or displayed for sale. (If the final list of market concessionaires
and market items are unknown at the time of application, the applicant
may provide a "not to exceed" number of concessions, but shall otherwise
comply with the provisions of this subsection, and shall file same
upon filing of all concessionaire licenses.);
(12)
An administrative site plan to be approved by the Borough Clerk
setting forth the following:
(a)
The area, public and/or private, to be licensed for the market;
(b)
Layout of concessions: fixed and movable facilities, including
but not limited to the nature, size, extent, and construction thereof,
signs, displays, pennants, banners, balloons, and similar advertising
or attraction devices;
(c)
Sanitary and solid waste control and removal plans;
(d)
Circulation (on and off site), loading and unloading, crowd
and traffic control, fire prevention, lighting and emergency access
plans;
(e)
Proof of compliance with applicable statutes, ordinances, codes
and regulations, including any health codes regulating the sale of
food and/or beverages.
(f)
The location or locations to be used for the parking of vehicles
used by the market proprietor, market employees and/or market vendors,
during the market events. Use of any private property not open to
the public shall be with the written consent of the property owner
or other representative authorized to act on behalf of the property
owner.
[Added 5-6-2014 by Ord. No. 2014-10]
(13)
Based upon a review of the administrative site plan by the Clerk
and the expressed desire by the applicant for scheduled reoccurrence
of the market, an applicant may be required to first obtain site plan
approval from the Planning Board to address traffic, public safety
and/or quality of life issues raised by the application.
(14)
All other information required to determine compliance with
the provisions of this chapter.
B.
The representative or natural person completing the application for
a market proprietor license shall be fingerprinted using an agency
chosen by the Chester Borough Police Department. The Chief of Police
shall verify the information included on the application and respecting
the moral character and business background of the applicant. The
Chief of Police is authorized to receive state criminal history record
information from the Division of State Police, State Bureau of Identification,
or other authorized source, for use in considering the suitability
of all applicants covered under this chapter. All requested criminal
history record checks will be subject to payment of the required user
fee by the applicant.
A.
Each application for a market concessionaire license shall be made
no later than 14 days prior to the market for which a concessionaire
license is sought. The application for a market concessionaire license
shall be submitted, under oath or affirmation, to the Borough Clerk
with the applicable fee. This fee shall not be refundable and shall
be used to defray the costs of investigation and processing. The Borough
Clerk shall issue a market concessionaire license to those persons
defined herein as a market concessionaire and whose application for
said license has been approved as set forth in this section. The applicant
for a market concessionaire license shall provide the following information:
(1)
Name and address of the applicant;
(2)
Description of the applicant;
(3)
Name and address of the representative of an entity, if any, and
an acknowledged statement from the entity certifying that the representative
is authorized to act as the entity's representative;
(4)
If the applicant is a natural person, the names, addresses and telephone
numbers of three persons who have known the applicant for a period
in excess of three years;
(5)
If the applicant is a natural person, the place of residence of the
applicant for the three years immediately preceding the date of application;
(6)
A brief description of the nature of the market items to be offered
for sale or displayed for sale at the market or market(s) on the dates
reserved. In the event the market items are otherwise regulated by
law, proof of compliance therewith shall be shown;
(7)
If a vehicle is to be used by a market concessionaire, a description
thereof including state of registration, license plate number, the
name and address of the insurance carrier and insurance policy number;
(8)
A list of any criminal or disorderly persons offense convictions
(indicating the places of arrests, the number and places of convictions,
the nature of the convictions, and the statutory reference for the
offense) of the representative or natural person completing the application
for a market concessionaire license;
(9)
Two current passport photographs showing the full face of the representative
or natural person making the application, which photos shall be affixed
to the application;
(10)
Proof of tax identification number issued by the State of New
Jersey to the market concessionaire;
(11)
Proof of current sales tax filing with the State of New Jersey,
pursuant to N.J.S.A. 40:52-1.3, by the market concessionaire;
B.
A market proprietor may be designated by the Borough Clerk as the
agent of the Borough Clerk for a market event and, if so designated,
shall be responsible for collecting and submitting all market concessionaires
license applications, fully completed, together with required fees,
to the Borough Clerk for review, and issuance of market concessionaire
licenses.
A.
Upon verification of the application for a market proprietor license
by the Borough Clerk and the Chief of Police, and upon such other
investigation as necessary for the protection of the public good,
and upon payment of the applicable licensing fee, the Borough Clerk
may issue the license.
B.
A license shall not be issued to any person who has been convicted
of a crime, misdemeanor, or other offense involving moral turpitude;
who has made a misrepresentation or false statement in his application;
or who has otherwise been found to be of unsatisfactory character
or business responsibility by the Borough Clerk.
C.
In the event of the refusal of the issuance of such license, the
Mayor and Council, on written request of the applicant, shall conduct
a hearing to determine whether the license should be granted under
this chapter. Such request must be filed with the Borough Clerk no
later than seven calendar days after the rejection of the application.
D.
Market applicants should attempt to coordinate dates with special
events and approved proprietor licenses issued by the Borough. Proprietor
and concessionaire licenses expire December 31 of the calendar year
issued. Prior issuance of a proprietor's license shall not guaranty
issuance of a license to a proprietor in any subsequent year. Licenses
are issued based upon completed applications and payment of associated
fees.
E.
If a market is to take place in a public park, the Borough Clerk
shall refer the application to the Board of Recreation Commissioners,
which shall within 30 days of receipt of a completed application notify
the Borough Clerk of the applicant's conformance with the Recreation
Commission's rules and regulations pertaining to the use of public
parks. A market proprietor's license shall not be issued for
a market to take place in a public park if said market violates the
rules and regulations of the Board of Recreation Commissioners.
F.
If the market is to take place in whole or in part on municipal property,
the proprietor must be a nonprofit corporation or association for
a public purpose, consistent with N.J.S.A. 40A:12-14. The proprietor
application must then set forth the name of the corporation or corporations,
the public purpose served by the proprietor; and the number of persons
benefiting from that public purpose (whether within or without the
Borough); and proof shall be attached of the continued tax-exempt
status of the nonprofit corporation pursuant to both state and federal
law.
G.
In no event shall more than one market be authorized to take place
on any one day. Should the number of approved applications for a market
proprietor license exceed the number of licenses permitted, the Mayor
and Council may, in the sole discretion of the Mayor and Council,
waive this prohibition and approve two or more markets for the same
date(s) only if the second applicant has shown to the satisfaction
of the Mayor and Council that there is no geographical proximity which
would cause a public safety concern; and that one market will not
negatively impact the other market.
H.
The occurrence of a special event (Chapter 203) and a market on the same day should be avoided, unless approved by the Mayor and Council upon a satisfactory showing that there is no geographical proximity which would cause a public safety concern and that the two events will not negatively impact on each other.
A.
All market licenses shall be issued on forms drawn by the Clerk in
accordance with this chapter. Records of all licenses shall be maintained
by the Clerk in such a manner as to identify the name of the licensee,
the activity licensed, the location of the activity licensed, the
amount of fees paid and the goods, if any, involved. All licenses
shall be issued under the signature of the Borough or a facsimile
thereof and the Seal of the Borough.
B.
A record of all current market licenses issued pursuant to this chapter
shall be kept by the Borough Clerk and the Police Department.
C.
All licenses issued under this chapter shall authorize only the person
named in said license to engage in the activity designated thereon.
The license shall not be transferable from the person to whom it is
issued to any other person or entity.
B.
An application for a market proprietor license shall also include
an escrow to be established by the Clerk for reimbursement to the
Borough for direct costs incurred by the Borough in connection with
the granting of said license. Said costs may include, but shall not
be limited to: the use of Borough police; damages to and use of public
property, streets, and parks; surcharge of the Borough sewer system;
and personnel for cleanup or remediation of public property by members
of the Public Works Department. The escrow and any costs assessed
pursuant to this subsection will be determined by the Clerk based
upon each individual application, subject to review by the Mayor and
Council.
A.
Licenses issued under this chapter may be revoked by the Clerk for
any of the following causes:
(1)
Misrepresentation or false statement contained in the application.
(2)
Misrepresentation or false statement made in the course of carrying
on the activities herein.
(3)
Conviction of any crime or misdemeanor involving moral turpitude.
(4)
Conducting the licensed business in an unlawful manner in violation
of this chapter, or state or federal statutes or regulations, or in
such manner as to cause breach of the peace, create a nuisance or
constitute a menace to the health, safety or general welfare of the
public.
(5)
A determination, after investigation, that the applicant's moral
character or business responsibility is unsatisfactory.
B.
All persons whose licenses have been revoked shall have the right
of appeal to the Mayor and Council by filing a written request within
seven days to the Borough Clerk for such hearing. The Mayor and Council
shall, within 30 days after receipt of the request, hold a hearing.
At the conclusion of said hearing, the Mayor and Council shall affirm
or set aside the revocation of the license. The decision of the Mayor
and Council on such appeal shall be final and conclusive.
A.
A market proprietor shall not permit a market to commence earlier
than 9:00 a.m. or end later than 5:00 p.m. Notwithstanding, setup
and cleanup may be allowed by the Borough Clerk at other times as
may be determined in its reasonable discretion.
B.
A market proprietor canceling any proposed market shall notify the
Borough Clerk of any such cancellation as soon as is practical.
C.
Upon submission and approval of an application and the granting of
a market proprietor license, the Borough Clerk, if authorized by the
Mayor and Council, may designate said market proprietor as its agent
for the purpose of accepting and forwarding applications and fees
for market concessionaire licenses to the Borough Clerk.
D.
The market proprietor or an agent thereof shall be present at the
site of the market at all times on the date of its operation.
E.
A market proprietor, when acting as the agent of the Borough Clerk, shall ensure that any applications and/or licenses are in compliance with the provisions of § 202-4B (Market concessionaire license); § 202-6 (Application for concessionaire license); § 202-8 (Issuance; records; nontransferability); and § 202-12 (Sale of foods and beverages). A proprietor, when authorized to act as the agent for the Borough Clerk, shall collect the appropriate license fees as set forth in § 202-9 and shall be responsible for delivering said fees, fully completed applications, and a record of all licenses sought to be issued to the Borough Clerk no less than seven days before the market, except under exceptional circumstances subject to the discretion of the Clerk.
F.
Police and security officers.
(1)
A market proprietor may, in the discretion of the Clerk, be required
to employ off-duty Borough police officers or licensed private security
officers to be on duty while the market is open. Private security
officers employed by the proprietor license shall be duly licensed
in accordance with the provisions of N.J.S.A. 45:19-8 et seq. and
N.J.A.C. 13:55-1.1 et seq.
(2)
The Clerk, with the advice of the Chief of Police of the Borough, shall determine whether police officers are needed to control traffic at or in the vicinity of a market and shall assign according to the usual practice the number of police officers required. The Clerk shall notify the market proprietor of his/her determination, and the market proprietor shall have the opportunity to appeal the decision to the Mayor and Council within 10 days of notification of such decision in the event that the market proprietor contests the decision. A market proprietor shall reimburse the Borough of Chester for expenses incurred by the Borough as a result of providing police officers of the Borough of Chester to perform functions relative to controlling traffic attributable to a market in accordance with the provisions of Chapter 55, Police Department, Article II, Contracted Off-Duty Employment.
G.
A market proprietor license issued hereunder shall be prominently
displayed at the location of the market.
H.
A market proprietor shall not allow anyone except a holder of a market
concessionaire license to sell or display for sale any item of tangible
personal property.
I.
A market proprietor shall not allow anyone to sell or display for
sale any market item unless such person shall be licensed as a market
concessionaire and shall prominently display at all times a valid
concessionaire license.
J.
At least 30 days prior to the market event, the market proprietor
shall post bond or other financial security and proof of insurance
for the market as a condition of such license.
K.
A market proprietor shall provide a sufficient number of trash and
recycling receptacles for its market activities and empty and properly
dispose of same in according with all laws. Within eight hours after
the close of operations, the market proprietor shall cause the site
of the market and adjoining areas and roads to be clean and free of
any debris, waste, trash, and/or recycling.
[Amended 5-6-2014 by Ord. No. 2014-10]
L.
A market proprietor shall provide adequate sanitary facilities at
the site of the market and shall comply with all Board of Health requirements
and recommendations.
M.
If the market is to take place on a public park, a market proprietor
shall comply with and shall cause all market concessionaires to comply
with the rules and regulations set forth by the Board of Recreation
Commissioners and satisfy such charges as may be established by said
Board from time to time.
N.
Any signs related to market activities under this chapter must fully
comply with all provision of the Borough Code concerning signs. The
market proprietor shall be responsible for any sign violations, irrespective
of whether the sign belongs to the market proprietor or one of its
vendors.
[Added 5-6-2014 by Ord. No. 2014-10]
A.
A market concessionaire shall not sell any foods, beverages, ice
cream, confections or related commodities without obtaining a valid
food handler's permit issued by the Chester Borough Board of
Health.
B.
A market proprietor shall not rent or provide space to a concessionaire,
nor shall any market proprietor approve any application or issue any
license to a concessionaire, who shall sell any foods, beverages,
ice cream, confections, or related commodities who does not possess
a valid food handler's permit issued by the Chester Borough Board
of Health.
C.
The equipment used or employed by any market concessionaire in the
sale of ice cream, foods, beverages, confections and other related
commodities shall be maintained in a clean and sanitary manner and
be subject to inspection by the Board of Health or its authorized
agents in accordance with the provisions of this chapter and the ordinances
of the Board of Health of the Borough of Chester. Any violation found
and not immediately corrected shall be grounds for revocation of the
license.
No license shall issue to any individual, organization, or entity
who shall directly or indirectly exclude, withhold or deny any person
of any advantage, privilege, membership, or right, or otherwise discriminate
against said person on account of race, creed, color, national origin,
ancestry, marital status, or sex or otherwise as prohibited by law;
nor shall the Borough Clerk or his agent refuse to issue a license
on account of race, creed, color, national origin, ancestry, marital
status, or sex or otherwise as prohibited by law.
Any person violating any of the provisions of this chapter shall be liable for the penalties stated in Chapter 1, General Provisions, Article III, General Penalty, which in no event shall be less than $500, and, upon conviction, shall forfeit such license issued hereunder and the right to renew such a license and shall be ineligible for the issuance of a license hereunder for a period of one year from the date of conviction.
A.
All licenses issued prior to the adoption of this chapter shall not
be affected by this chapter, but all subsequent license applications
must comply with all the provisions of this chapter.
B.
All persons not required to be licensed previously but who are required
by this chapter to apply for a license must obtain a license upon
its adoption.
