N.J. Admin. Code § 19:4-6.3

Current through Register Vol. 56, No. 17, September 3, 2024

Section 19:4-6.3 - Retail sale events

(a) The following retail sale events shall be regulated by the NJMC:

1. Warehouse sales;

2. Temporary or seasonal outdoor sales; and

3. Christmas tree sales.

(b) Nothing in this section shall be construed to regulate or limit sale events held within the limits of approved retail uses.

(c) General requirements applicable to retail sales events are as follows:

1. No sale events regulated in this section shall occur without the prior written approval of the NJMC. Application shall be made to the NJMC a minimum of 15 working days prior to the event.

2. The applicant shall request written approval from the municipal police department and municipal fire official to conduct the retail sale event and shall forward copies of such approvals to the NJMC a minimum of seven days prior to the event.

3. All sale areas shall meet the provisions of the NJ UCC Barrier Free Subcode, N.J.A.C. 5:23-7.

4. Sale events shall comply with all local health and safety codes.

5. The number of sale days and the duration of these sales shall be as follows:

i. For warehouse sales and temporary or seasonal outdoor sales:

(1) A maximum of 21 sale days per tenant shall be permitted per year, inclusive of both warehouse sales and temporary or seasonal outdoor sales.

(2) No single sale event shall occur for more than seven consecutive days; and

(3) Warehouse sales or temporary/seasonal sales shall not be permitted on any lot conducting concurrent Christmas tree sales.

ii. For Christmas tree sales:

(1) The sale of Christmas trees may be permitted beginning the day after Thanksgiving continuing through Christmas Day; and

(2) The sale of Christmas trees shall not be permitted on any lot conducting a concurrent warehouse sale or temporary/seasonal sale.

iii. Sales held exclusively for the benefit of nonprofit organizations shall not be counted toward the total number of sale days permitted.

6. One temporary sale sign conforming to 19:4-8.1 4(e)1 may be erected without a sign permit. All other signage shall comply with the requirements of 19:4-8.1 4.

(d) Standards for warehouse sales shall be as follows:

1. The size and occupancy of the warehouse sale area shall be based upon both available parking and the allowable occupancy loads as determined by the building code adopted by the NJ UCC.

2. A sufficient number of restroom facilities shall be available for warehouse sale patrons as determined by the plumbing code adopted by the NJ UCC.

(e) Standards for temporary or seasonal outdoor sales shall be as follows:

1. Display areas for goods and any area devoted to an activity related to the sale must meet all applicable setbacks of the zone in which the site is located.

2. Goods that are sold or displayed outdoors shall be located on a paved or otherwise dust-free surface and shall not interfere with off-street parking areas, vehicle circulation or fire protection areas.

3. Parking shall be provided at the rate of one space for each 200 square feet of display or sale area. This requirement is in addition to the parking requirement for the existing uses on the site with common hours of operation as the temporary or seasonal outdoor sale.

4. The site shall be restored to its original condition within two days after the temporary or seasonal outdoor sale has ended.

(f) Standards for Christmas tree sales shall be as follows:

1. All display and sale areas used for the sale of Christmas trees shall meet all applicable setbacks of the zone in which the site is located.

2. All display and sale areas shall be located on a paved or otherwise dust-free surface and shall not interfere with off-street parking areas, vehicle circulation or fire protection access.

3. The display of Christmas trees shall not interfere with other permitted uses of the site.

4. Parking shall be provided at the rate of one space for each 200 square feet of display or sale area. This requirement is in addition to the parking requirement for the existing uses on the site with common hours of operation with the Christmas tree sales operation.

5. All sale and display areas shall be illuminated with a minimum average footcandle of 1.0, and shall comply with all other requirements of 19:4-8.1 3.

6. All sale-related materials shall be removed from the site no later than December 31 of the year of the sale.

N.J. Admin. Code § 19:4-6.3

Amended by R.2009 d.40, effective 1/20/2009.
See: 40 N.J.R. 4696(a), 41 N.J.R. 624(b).
In (c)5i(1), substituted "21" for "14"; and added (c)5iii.