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ORDINANCE 2005-17 (3)ORDINANCE 2005 -17 AN ORDINANCE AMENDING ORDINANCE 95 -36 ENTITLED "REVISED GENERAL ORDINANCES, TOWNSHIP OF CHERRY HILL ", CHAPTER VI (GENERAL LICENSING), ADDING SECTION 6 -7 (TRANSIENT MERCHANTS OF NON- SEASONAL MERCHANDISE) WHEREAS, the Township of Cherry Hill desires to establish certain permit requirements and fees for transient merchants of non - seasonal merchandise to be consistent with the requirements under New Jersey Statute 45:24 -1, et. seq. entitled "Transient Merchants and Itinerant vendors." NOW, THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Cherry Hill, County of Camden, State of New Jersey that Ordinance 95 -36 entitled "Revised General Ordinances, Township of Cherry Hill ", Chapter VI (General Licensing), Section 6 -7 (Transient Merchants of Non - Seasonal Merchandise) shall read as follows: Section 1. 6 -7 (Added) TRANSIENT MERCHANTS OF NON - SEASONAL MERCHANDISE 6 -7.1 (Added) Definitions. The words "transient merchants ", as used in this ordinance, means persons, corporations or partnerships, whether principal or agent, who engage in a merchandising business within New Jersey with intent to close out or discontinue such business within one year from the date of commencement, including those who for the purpose of carrying on such business, hire, lease or occupy any building, structure or railroad car for the exhibition and sale of such goods, wares and merchandise, but nothing in this ordinance shall be construed to affect the sale of fruits, vegetables, farm products, such as meat, poultry, butter, and eggs. Nor shall this ordinance be construed to affect the sale of seasonal merchandise which is governed by Section 6 -3 of this same chapter and entitled "Temporary Vendors of Seasonal Merchandise ". 6 -7.2 (Added) Permit Required. Within the Township of Cherry Hill no transient merchant shall sell non - seasonal merchandise on premises not occupied by an established business selling such goods in the usual course of business without having first obtained and validly retaining a permit as hereinafter provided. 6 -7.3 (Added) Application, Application Fees, Escrow Fees. Application for a permit shall be made to the Township clerk on Township forms and shall include the following: 1 l a. (Added) The name and address of the applicant. b. (Added) The location including street address block and lot and the size of the site. (Added) The type of sales requested. d. (Added) Applicant must supply the length of time and dates requested. e. (Added) If applicant is not the property owner, written permission from the property owner, to use the site for stated purpose. f. (Added) A non - refundable application fee of one - thousand dollars ($1,000). g. (Added) A good and sufficient bond with good and sufficient surety, equal in amount to twenty -five percent (25 %) of the value of the personal property shown in the application, certifications and/or disclosures, but in no event shall the bond be less than one - thousand dollars ($1,000). The bond shall remain in force for one year and be conditioned to indemnify and pay the municipality any penalties or costs incurred in the enforcement of this ordinance, or reimburse any purchaser a sum equal to at least the amount of any payment a purchaser may have been induced to make through misrepresentation as to the kind, quality or value of the property. At its discretion, the Township official may waive the bond in favor of an escrow account in the same amount and for the same purposes as required above to be held by the Township for a period of one year. h. (Added) A written instrument nominating and appointing a true and lawful agent with full power and authority to acknowledge service or notice. of process for and on behalf of the applicant in respect to any matters connected with or arising out of the license, bond or escrow. Vendor shall include in this written instrument recitals stating that the applicant consents and agrees that service or any notice or process may be made upon such agent and when so made, shall be valid as if personally served upon the applicant according to the laws of this or any other state, and waiving all claim or right of error by reason of such acknowledgement of service or manner of service. 6 -7.4 (Added) Review, Conditions of Approval, Approval a. Review. Each application shall be reviewed by the Police Department, the Construction Code Official's Office and The Department of Community Development to insure that use is appropriate for the general health, safety and welfare and does not adversely impact the community. b. Conditions of Approval. No application shall be given final approval without confirmation from Township Officials of the following: 1. All municipal taxes, liens and fees have been paid. 2. No violations of any Township Ordinances are outstanding. This shall include, but not limited to, Construction Code /IBC Code Violations, Zoning Violations and Property Maintenance Violations. Approval. Upon review by the officials and departments noted above, Township Council shall have the authority to approve said application. 6 -7.5 (Added) Nonprofit Organizations. Nonprofit organizations are exempt from payment of the application fee and license fee. 6 -7.6 (Added) Transferability, Appeal. a. No permit shall be transferable as to person or place or valid for a date not specifically set forth herein. b. An applicant whose application is denied or revoked may appeal the action of the Township Clerk to the Cherry Hill Township Council by filing written notice of such application with the Township Clerk. 6 -7.7 (Added) Rules and Regulations. The Township Clerk and the permit holder shall be governed by the following rules and regulations together with any other pertinent provisions of any other ordinances or statutes. a. Capacity. The capacity of the function site for the particular sale shall be determined by the appropriate Township personnel from a structural, fire and general safety standpoint. b. Entrance and Exit. Adequate precautions and arrangements shall be made for the orderly entrance and exit of patrons and for their safety. 6 -7.8 (Added) Penalties. A fine of two- hundred dollars ($200), or imprisonment for up to ninety (90) days, or both, to any vendor who fails to comply with the requirements of this ordinance, or makes a false or fraudulent representation in any statement required by this ordinance, or falsely represents by advertising or otherwise that such personal property is in whole or in part damaged goods saved from fire, or makes any false statement as to the previous history or character of such personal property. 6 -7.9 (Added) Revision Without Ordinance. The Penalties and fees provided in this section may be revised without an amending ordinance to conform with any revision of N.J.S.A. 45:24 -1 et. seq. Section 2. All ordinance or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistency only. Section 3. This ordinance shall take effect immediately upon adoption. INTRODUCED: SEPTEMBER 12, 2005 ADOPTED: SEPTEMBER 26, 2005 49EIkNARD PLATT MAYOR 17e. � I COUNCYL PRESIDENT AITHST: NANCY L. CLERK