Township of Old Bridge, NJ Chapter 394 Sales, Holiday; Christmas Tree Sales

[HISTORY: Adopted by the Township Council of the Township of Old Bridge by Ord. No. D-127 (Sec. 5-9 of the 1973 Revised General Ordinances); amended in its entirety 4-27-1998 by Ord. No. 38-98. Amendments noted where applicable.]

GENERAL REFERENCES

Flea markets — See Ch. 193.

§ 394-1 Holiday sale of flowers and plants.

All sales of flowers and plants shall be sold from a fixed location except as provided in this chapter. The sale of flowers and plants shall be permitted from other locations pursuant to a permit issued by the Township Clerk's office if the following requirements are met:

A. An application in the form prescribed by the Township Clerk shall be submitted.

B. A fee of $100 shall be payable for each occasion specified on the application. If the application is rejected, the fee shall be returned to the applicant, less a service fee of 25% which shall be retained by the municipality for rejected applications.

[Amended 5-8-2000 by Ord. No. 22-00[1]]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

C. Applicants are required to be fingerprinted and photographed.

D. All applicants for a license shall provide an insurance certificate evidencing at least $100,000 liability insurance coverage naming the Township of Old Bridge as additional insured.

E. A certificate of sales tax authority shall be submitted.

F. The sale of flowers or plants shall be limited to a period within 48 hours of the occurrence of any national holiday or religious holiday.

G. The sale of flowers or plants shall not be permitted within 2,000 feet of any florist shop.

H. Written notarized permission of the property owner is required for any sales of plants or flowers on private property.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

I. Approval of the location is required by the Zoning Officer and Department of Police. The Zoning Officer or Department of Police may deny a permit to any person or entity upon making a determination that the proposed location presents a danger to health, safety or welfare.

J. A hearing of any denial of a permit shall be allowed upon request of an unsuccessful applicant if such request for hearing is made within five days of the denial of any permit. The Township Administrator or his or her designee shall conduct the said hearing.

K. No signs or banners are permitted attracting business to the licensed location.

L. No other merchandise shall be offered for sale, such as but not limited to dolls, stuffed animals, paintings, furniture.

M. No such sales are permitted upon municipal lands.

N. Nothing in this chapter shall prohibit any florist shop, supermarket or other business normally selling said flowers or plants and operating in a fixed location from having sidewalk sales and similar types of sales upon application to the Township Council for a permit.

§ 394-2 Christmas trees.

All sales of Christmas trees shall be sold from a fixed location except as provided in this chapter. The sale of Christmas trees shall be permitted from other locations pursuant to a permit issued by the Zoning Officer if the following requirements are met:

A. An application in the form prescribed by the Zoning Officer shall be submitted.

B. An application fee of $125 shall be submitted.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

C. Written notarized permission of the property owner is required for any sale of Christmas trees.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

D. Approval of the location is required by the Zoning Officer and Department of Police. The Zoning Officer or Department of Police may deny a permit to any person or entity upon making a determination that the proposed location presents a danger to health, safety or welfare.

E. A hearing of any denial of a permit shall be allowed upon request of an unsuccessful applicant if such request for hearing is made within five days of the denial of any permit. The Township Administrator or his or her designee shall conduct said hearing.

F. One sign with the wording "Christmas Trees, Wreaths and Blankets" is allowed. The sign may be double-faced. Parking information may be included on said sign.

G. No other merchandise shall be offered for sale, such as but not limited to dolls, stuffed animals, paintings, furniture.

H. No such sales are permitted upon municipal lands.

I. All residue from seasonal business must be removed within seven days after Christmas.

J. Customer parking shall be located on the subject property only. No parking is allowed on public streets.

K. No warming fires are permitted.

L. The tree selling area shall be located at least 15 feet from the building per the Fire Subcode Official.

M. Applicants are required to be fingerprinted and photographed.

N. All applicants for a license shall provide an insurance certificate evidencing at least $100,000 liability insurance coverage naming the Township of Old Bridge as additional insured.

O. A certificate of sales tax authority shall be submitted.

§ 394-3 Nontransferability.

Every license issued shall remain in full force and be valid only for the time therein expressed and shall apply only to the person to whom the license is granted and shall not be transferable.