[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerdale 6-9-1993 by Ord. No. 93:09. Amendments noted where
applicable.]
No person or business entity shall engage in or carry on any
seasonal business or trade involving the outdoor sales of such seasonal
products as Christmas trees, Christmas wreaths, Easter flowers, Halloween
pumpkins and the like in the Borough of Somerdale, nor aid or assist
an employee, Clerk or other person in carrying on such business or
in using any stand, store or other place or thing, nor sell or offer
for sale any goods or things for which a license is required by the
terms of this chapter, unless a license as herein provided for shall
have been first obtained therefor by said person or business entity
engaging in said seasonal vending business or trade.
Application for a seasonal vending license shall be obtained
from the Borough Clerk of the Borough of Somerdale, New Jersey, and
the application for such a license, when completed, shall specifically
name the person, firm or entity to which the license is to be granted,
the location at which such business or trade is to be carried on and
the time period for which the license is to be granted. The application,
when completed, shall further provide detailed information respecting
such person, firm or entity and said seasonal vending business or
trade.
All new seasonal vending businesses shall submit the completed
application to the Borough Clerk of the Borough of Somerdale, who
shall forward this application to the Zoning Officer of the Borough
of Somerdale, at which time investigation shall be made, as deemed
necessary by the Zoning Officer of the Borough of Somerdale. The Zoning
Officer shall forward any recommendations with respect to said application
to the Chief of Police of the Borough of Somerdale, who shall conduct
or cause to be conducted an investigation thereon. The Chief of Police
shall make a written report of his investigation findings and shall
forward the complete application package to the Mayor and Council,
who may, in its discretion, conduct a hearing with respect to any
such findings prior to approval. No seasonal vending license shall
be issued except pursuant to the authorization and approval of the
Mayor and Council of the Borough of Somerdale. The Mayor and Council
shall not approve such application if, on the basis of past criminal
record of the applicant or of the principals of a corporate applicant
or on the basis of other evidence of bad character or morals or prior
dishonest or fraudulent business practices, the Mayor and Council
shall determine that the granting of approval or renewal of such license
would tend to encourage or permit criminal or immoral activities within
the Borough of Somerdale.
The license fees to be paid, as above provided, to the Borough
of Somerdale for conducting any seasonal vending businesses or trades
at the place designated in the license certificates issued therefore
and for the times so indicated shall be as set forth in the current
Fee Ordinance.[1]
[1]
Editor's Note: The current Fee Ordinance is on file in
the Borough Clerk's office.
No person or persons shall be allowed to transact any seasonal
vending business under any license granted under this chapter except
for the seasonal vending business and products for which said license
was specifically granted.
A.
No seasonal vending license shall be issued, nor shall any such seasonal
vending license be renewed, to any person or entity who has not complied
with the laws of the State of New Jersey or the ordinances of the
Borough of Somerdale, including any regulations respecting the safety
of the persons who may have occasion to use the premises or place
to be licensed, nor shall a license be issued or renewed unless the
premises or place to be licensed is current in any local real property
taxes or assessments for local improvements by the submission of proof
that no local real property taxes or assessments for local improvements
are due or delinquent on the property for which the license application
is made.
B.
In the event that any licensed person or entity fails to comply with
such laws and ordinances after due notice and opportunity to be heard,
the Mayor and Council may revoke such license.
C.
No seasonal vending license provided for by this chapter shall be
transferred from one person or entity to another person or entity,
and no seasonal vending license shall cover any other place of business
than that for which it was issued, and no seasonal vending license
shall cover any time period than that for which it was issued.