CHAPTER V LICENSES-GENERAL

 

The general Power to license and to prescribe license fees is contained in R. S.40:52-1, 2. Licensing is also a part of the general police power granted by R. S. 40:72-3 and R. S. 40:48-2.

 

 

5-1       Definitions.

 

    As used in this chapter, the following words and terms shall have the following meanings:

    "Business" as used in both the singular and plural is meant to include all kinds of vocations, occupations, professions, enterprises, establishments, and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit or benefit, either directly or indirectly, on any premises in the Borough of Point Pleasant Beach, as set forth in the provisions of N. J. R. S. 40:48-1, 40:48-2, 40:52-1 and 40:52-2, and any amendments or supplements thereto. 0

    "Canvasser" shall mean any person, whether traveling by foot, wagon, automobile, motor, truck, or any other type of conveyance, from place-to-place, from house-to-house, or street-to-street, taking or attempting to take orders for sales of goods, wares, merchandise or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the subject of such sale, or whether or not such person is collecting advance payments on such sales. "Canvasser" shall further include any person who hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, ship or any other place within the Borough of Point Pleasant Beach for the sole purpose of exhibiting samples and taking orders for future delivery.

    "Cigarette vending machine" shall mean any automatic vending machine used for the sale of cigarettes, cigars, tobacco and/or matches and controlled by the insertion of a coin or coins.

    "Fire sale" shall mean a sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means.

    "Going-out-of-business sale" shall mean a sale held in such a manner as to reasonably cause the public to believe that upon the disposal of the stock and goods on hand, the business will cease and be discontinued, including but not limited to the following sales: Adjuster's, adjustments, alterations, assignee's, bankrupts, benefit of administrator's, benefit of creditor's, benefit of trustee, building coming down, closing, creditor's committee, creditor's, end, executor's, final days, forced out, forced out of business, insolvent, last days, lease expires, liquidation, loss of lease, mortgage sales, receiver's, trustee's, quitting business. A sale by a trustee, receiver or any court officer under execution from or order by any court shall not be considered a "going-out-of-business sale" and shall not require any mercantile license or payment of any fee as provided hereinafter for the conduct of such a sale.

    "Commercial handbill" shall mean and include any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature which advertises for sale any merchandise, product, commodity or things; or which directs attention to any businesses or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interests thereof by sale; or which directs attention to or advertises any show, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; or which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for private benefit and gain of any person so engaged as advertiser or distributor.

    "Noncommercial handbill" shall mean and include any printed matter or written matter, any sample or device, dodger, circular, leaflet, pamphlet, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any letter or literature not included in the definition of a commercial handbill.

    The aforegoing definitions of "commercial handbill" and "noncommercial handbill" shall not include any newspaper of general circulation as defined by the laws of the State of New Jersey, or any religious handbook, magazine, periodical or newspaper.

    "Handbill distributor" shall mean and include any person engaged in distributing commercial or noncommercial handbills, other than newspapers distributed to subscribers thereof, for himself or any other person, upon any of the public and private streets, places and premises, other than his own premises, in the Borough of Point Pleasant Beach. This shall not include the sale of newspapers, regularly published, through newsboys, newsmen or from news stores in the Borough of Point Pleasant Beach. "Hawker" shall have the same meaning as "peddler" in this section. "Huckster" shall have the same meaning as "peddler" in this section. "Insignia" shall mean any tag, plate, badge, emblem, sticker, or any other kind of device which may be required for any use in connection with any license.

    "Itinerant merchant" shall mean any person, whether as owner, agent, servant, employee or consignee, who is engaged in a temporary business of selling and delivering goods, wares and merchandise within the Borough of Point Pleasant Beach, and who, in furtherance of such purposes, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar or boat, public rooms in hotels, motels, lodging houses, apartments or shops, or any street, alley or other public place within the borough for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction.

    "Itinerant vendor" shall have the same meaning as "itinerant merchant" in this section.

    "Juke box" shall mean any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, or by the payment of any price, operates or may be operated for the emission of songs, patter, music or similar amusement.

    "Mechanical amusement device" shall mean any machine, operated mechanically, electrically or otherwise, which upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, skill ball, mechanical grab machines and all games, operations or transactions similar thereto under whatever name they may be designated.

    "Other altered goods sale" shall have the same meaning as "fire sale" in this section.

    "Peddler" shall mean any person, traveling by foot, wagon, automotive vehicle, or any other type of conveyance from place-to-place, house-to-house, or street-to-street, carrying, conveying or transporting goods, wares, food, liquids, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who without traveling from place-to-place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance, or a person who solicits orders and. as a separate transaction, makes deliveries to purchasers as part of a scheme or design to evade the provisions of this chapter.

    "Premises" is meant to include all land, structures and places, and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such premises.

    "Removal of business sale" is a sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock and goods on hand and then move to and resume business at a new location within the Borough of Point Pleasant Beach or will then continue business from other existing, locations in the P borough.

    "Solicitor" shall have the same meaning as "canvasser" in this section.

    "Transient merchant" shall have the same meaning as "itinerant merchant" in this section.

    "Vending machine" shall include any machine or device whether automatic or not, controlled by the insertion of a coin or coins, for the vending or service of food, liquids, confections, goods, wares, merchandise or articles of any type, kind or description.

 

 

5.2        Applicability.

 

               5-2.1                                     License Required.

    It shall be unlawful for any person, either directly or indirectly, to conduct any business as defined in this chapter, or any sale as defined in this chapter, or to operate or conduct a business as a transient merchant, itinerant merchant, itinerant vendor, peddler, canvasser, solicitor, or handbill distributor, as defined in this chapter, or operate or put to use any cigarette vending machine, juke box, vending machines or mechanical amusement device, or to use in connection with the foregoing any vehicle, premises, machine or device, in whole or in part, unless a license or a permit therefor is first procured and kept in effect at all such times as required by this chapter or any other law or ordinance of the Borough of Point Pleasant Beach.

    Except for the area of the borough delineated in Chapter 8, Section 8-1 of these Revised Ordinances, no person shall be issued a license to permit the operation of more than TWO mechanical amusement games, as herein defined, and including video games, for anyone licensed mercantile establishment. No license shall be issued to any person for said games if the licensed mercantile establishment is within 500 feet of any church or public or parochial school. However, the mayor and council shall review and consider applications for a variance from the distance restrictions when an applicant within same shall request it. A public hearing shall be held by mayor and council on notice provided by the applicant to all persons within 500 feet of the premises for which the license is proposed. The mayor and council shall determine if the enforcement of this distance restriction would not serve a substantial public purpose and the issuance of a license would not be detrimental to or inconsistent with the proper conduct of the church or school activities within the prohibited distance. 0

 

               5-2.2                                     Business Defined.

    For the purposes of this chapter, any person shall be deemed engaging in business and subject to the provisions of this chapter when he does one act of

    a.     Selling any goods or services; or

    b.     Soliciting business or offering goods or services for sale or hire; or

    c.     Acquiring or using any vehicle, machine or device, or any premises in the Borough of Point Pleasant Beach for business purposes.

 

               5-2.3                                     Personal Responsibility.

    The agents, servants, employees or other representatives of corporations, partnerships, resident or nonresident, individuals, natural persons, joint ventures, societies, associations, clubs, trustees, trusts or unincorporated groups, shall be personally responsible for the compliance with this chapter by their principals and by the businesses they represent.

 

               5-2.4                                     Fire Sale and Going-Out-of-Business Requirements.

    a.     No person shall be granted a license for a fire sale or a going-out-of-business sale, or other altered goods sale, or a removal of business sale, all of which sales are defined in this chapter, unless:

        1.     He has been the owner of a business as described in the application for a license hereunder for a period of at least six months prior to the date of the proposed sale; and

        2.     He has not held a similar sale at the location stated in the application within one year last past from the date of such application; and

        3.     It applies to only one business and is not conducted or advertised in cooperation or by participation with any other business; and

        4.     He shall file with the licensing officer a complete inventory of goods that are to be offered for sale.

    b.     The provisions of this subsection shall not apply to or affect:

        1.     Any person acting pursuant to an order or process of a court of competent jurisdiction; or

        2.     Persons acting in accordance with their powers and duties as public officials.

    c.     Any license issued pursuant to this subsection shall:

        1.     Authorize only one type of sale described in the application at the location named therein; and

        2.     Authorize only the sale of goods described in the inventory filed with the licensing officer and shall forbid additions or replacements; and

        3.     Continue for a period not exceeding three months from the date of granting of license and shall not be renewable, assignable or transferable.

 

               5-2.5                                     Do Not Knock Registry and Violations Thereof.

    a.     The borough clerk shall prepare a list of addresses of those premises where the owner and/or occupant has notified the clerk that transit merchants, itinerant merchants, itinerant vendors, peddlers, canvassers, solicitors and door-to-door sales enterprises are not permitted on premises (hereinafter referred to as the "Do Not Knock" Registry). Notification shall be by completion of a form available at the borough clerk's office during normal business hours. The list shall be updated from time to time but at least by January 1st of each year.

    b.     Any owner and/or occupant who has requested enlistment on the "Do Not Knock" Registry, pursuant to paragraph a. herein, shall be able to purchase from the clerk's office, for a nominal fee, a sticker for display at his or her or its premises indicating enlistment on the "Do Not Knock" Registry.

    c.     The borough clerk shall submit the "Do Not Knock" Registry to the chief of police at least biannually to be distributed to applicants for a license to peddle, canvass, itinerant vend or otherwise door-to-door sell pursuant to the provisions of this chapter. The licensee shall not peddle, canvass, itinerant vend or conduct door-to-door sales at any premises identified on the then current "Do Not Knock" Registry.

    d.     Any canvasser, peddler, itinerant vendor, itinerant merchant, solicitor or door-to-door sales person who violates any provision of this ordinance shall be:

        1.     Subject to the maximum fines as provided in this chapter;

        2.     Subject to a one-year revocation of any license issued pursuant to the within chapter; and

        3.     Ineligible to receive a new license, pursuant to the within chapter, for a one-year period, coinciding with the terms of one-year revocation noted in paragraph d,2 herein.

 

 

5-3       Licensing Procedure.

 

               5-3.1                                     Application.

    Every person required to procure a license under the provisions of this chapter shall submit an application to the borough clerk, which application shall be accompanied by the full amount of the fee chargeable for the license applied for.

 

               5-3.2                                     Application Information.

    The application shall be a written statement upon the forms provided by the borough licensing officer and shall contain the following:

    a.     Previous license history of the applicant and whether any previous revocation or suspension and the reason therefor.

    b.     Statement that applicant is not violating the zoning ordinance of the Borough of Point Pleasant Beach. If applicant occupies a nonconforming use, proof of date of occupancy and operation must be given.

    c.     Statement that applicant is not in default under the provisions of this chapter or indebted or obligated in any manner to the Borough of Point Pleasant Beach, except for current taxes, both real and personal.

    d.     Such other facts relative to the general personal history of the applicant, or its officers and managers if the applicant is not an individual, so as to enable the borough license officer to make a fair determination of the eligibility of the applicant.

    e.     Name of person to whom license will be issued and his residence address. If applicant is not an individual, then the names, positions and residence addresses of all officers and managers of the applicant.

    f.      The premises at which the business is to be carried on and the name and address of the owner of the premises.

    If the persons applying for licenses are making such application for licenses as transient merchants, itinerant merchants, itinerant vendors, peddlers, solicitors, canvassers or handbill distributors, they shall furnish the following further information on their respective applications, or attach the same thereto:

    g.     A listing of all misdemeanors, felonies or violations of any municipal ordinances for which applicant has been convicted, the nature of the offense and the punishment assessed therefor. If applicant is not an individual, these provisions shall apply to its officers and managers.

    h.     The fingerprints of the person or persons having the management or supervision of the applicant's business.

    i.      The place or places in the Borough of Point Pleasant Beach where applicant proposes to carry on business. peddle, solicit, canvas or distribute, and the length of time he proposes to do so.

    j.      The place or places within or without the Borough of Point Pleasant Beach where applicant, within two years next preceding the date of his application, did carry on business, peddle, solicit, canvass or distribute.

    k.     A statement of the nature, character of the advertising done or proposed to be done in order to attract customers.

    l.      A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers.

    m.   Credentials from the person, firm or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative.

    n.     Such other reasonable information as to the identity or character of the person persons having the management or supervision of the applicant's business or the method or plan of doing such business as the borough licensing officer may deem proper to fulfill the purposes of this chapter in the protection of the public good.

    o.     A photograph taken within 30 days immediately prior to the date of filing of the application, which photograph shall be 2" x 2", showing the head and shoulders of the applicant in a clear and distinguished manner.

    p.     If a vehicle is to be used, a description of the same, together with the license registration number or other means of identification.

 

               5-3.3                                     Character.

    No license, or renewal thereof, shall be issued to a person not of good moral character. If applicant is not an individual, these provisions shall apply to its officers and managers.

 

               5-3.4                                     Investigation by Police.

    Upon written request of the borough licensing officer or the borough clerk, the chief of police shall ascertain if the applicant has any criminal record, and report in writing affirmatively or negatively thereon, within seven days after the request is made, indicating in his report his approval or disapproval of the granting of a license and giving his reasons therefor.

 

               5-3.5                                     Investigation by Clerk.

    After submission of the application and the required fees to the borough clerk, the borough licensing officer shall make any investigation necessary and shall indicate his written approval or disapproval of the license application within ten days after the application is filed with the borough clerk. If approved, the license shall be issued in the name of the borough clerk. If disapproved, the borough licensing officer shall forthwith notify the applicant and the borough clerk in writing of such disapproval and the reasons therefor, and the applicant shall have ten days from receipt of notice of disapproval to appeal from the decision of the borough licensing officer, to the mayor and council who, after due hearing, can affirm or reverse the decision of the borough licensing officer.

 

               5-3.6                                     Renewal.

    Application for renewal or transfer of a license shall follow the same procedure as is outlined in the preceding subsections for an original application.

 

 

5-4       Licensing Regulations; Fees.

 

               5-4.1                                     Calendar Year; Transfer.

    All licenses shall commence as of the 1st day of January in cacti year and shall expire on the 31st day of December in the year of issuance. On transfer of location of licensed business to a new location within the Borough of Point Pleasant Beach, or on the sale of a going business remaining in the borough, licenses may be transferred provided the annual license fee for the year has been paid and a transfer fee of ten ($10.00) dollars is paid to the borough clerk.

 

               5-4.2                                     Duplicate.

    A duplicate license may be issued by the borough clerk to replace any license previously issued, which license has been lost, stolen, defaced or destroyed, without any willful conduct on the part of the licensee., upon the filing by the licensee of an affidavit sworn to before a Notary Public of the State of New Jersey attesting to such fact and the payment to the borough clerk of a fee of ten ($10.00) dollars.

 

               5-4.3                                     Rebates.

    No rebate or refund of any license fee or any part thereof shall be made by reason of retirement of licensee from business, or by reason of the non-use of such license for all or any portion of the licensed year, or by reason of a change of location or business, or by reason of fire or other accident or other casualty rendering the use of such license ineffective.

 

               5-4.4                                     License Contents.

    Each license issued under this chapter shall state upon its face the following:

    a.     The name of the licensee and any other name under which such business is to be conducted.

    b.     The kind and address of each business so licensed.

    c.     The amount of license fee therefor.

    d.     The dates of issuance and expiration thereof.

    e.     Such other information as the borough licensing officer shall determine.

 

               5-4.5                                     General Regulations.

    Every licensee under this chapter shall:

    a.     Permit all reasonable inspections of his business.

    b.     Permit access to the licensed premises at all reasonable times by the borough licensing officer.

    c.     Ascertain and at all times comply with all laws and regulations applicable to such licensed business.

    d.     Avoid all forbidden, improper, unlawful or unnecessary practices, businesses or conditions which do or may affect the public health, morals or welfare.

    e.     Refrain from operating the licensed business on premises after expiration of his license and during the period when his license is revoked or suspended.

    f.      Post and maintain his license upon the licensed premises in a place where it may be seen at all times. Moreover, in the case of cigarette vending machines, juke boxes, vending machines and mechanical amusement devices, the license or licenses herein provided for shall be posted permanently and conspicuously at the location of the machine or device in the premises wherein the same is to be operated or maintained to be operated, and shall have affixed thereto any insignia delivered for use therewith upon the outside of the same so that it may be seen at all times.

    g.     Carry and display, at all times, his license and identification to any person requesting the same, if licensee is a transient merchant, itinerant merchant, itinerant vendor, peddler, solicitor, canvasser or handbill distributor.

    h.     Not loan, sell, give or assign to any other person, or allow any other person to use and display, or to destroy, damage or remove, or to have in his possession, except as authorized by the borough licensing officer or by law, any license or insignia which has been issued to the licensee.

 

               5-4.6                                     License Fees.

    All license fees shall be due and payable on the 1st day of January of each year. A late fee of fifty ($50.00) dollars shall be due and payable for any license that is not renewed by March 5th of the licensing year. The owner of any business, whose license is not renewed, shall be subject to summons for the violation of the provisions of this chapter and subject to penalties as set forth in subsection 5-8.6.

    The license fees to be paid annually, unless otherwise specified, for conducting the business or businesses herein named at the premises to be designated in the license or licenses issued hereunder, shall be as follows:

    a.     Advertising bill, circulars and sample distributors, each, ten ($10.00) dollars per day, per person.

    b.     Amusements.

        1.     Rides.

    (a)     Adult two hundred ($200.00) dollars for the first ride plus twenty-five ($25.00) dollars for each additional ride.

    (b)     Child/family ride one hundred ($100.00) dollars for the first ride plus twenty-five ($25.00) dollars for each additional ride. A child/family ride shall mean:

                     (1)      A ride as to which no minimum height restriction applies; or

                     (2)      A ride with a minimum height restriction of 42 inches or less which permits persons less than that height to ride when accompanied by an adult.

        2.     Arcade (without rides or games) five hundred ($500.00) dollars.

        3.     Automatic or manually operated coin machines other than boardwalk including video, ten ($10.00) dollars per machine with a maximum of one hundred ($100.00) dollars.

    c.     Automobile accessories and parts, one hundred ($100.00) dollars.

    d.     Automobile agency or showroom for the sale of new cars, two hundred fifty ($250.00) dollars; for the sale of used cars, one hundred fifty ($150.00) dollars.

    e.     Automobile service stations, one hundred ($100.00) dollars; service stations with repairs, two hundred ($200.00) dollars.

    f.      Automobile and car/truck rental, one hundred ($100.00) dollars.

    g.     Barber shops, fifty ($50.00) dollars.

    h.     Beauty shops, fifty ($50.00) dollars.

    i.      Bathing beaches per lineal foot along Boardwalk line (up to 200 lineal feet), $1.00/LF; 201-500 lineal foot, $.75; 501 LF and over, $.50/LF. Minimum fee one hundred ($100.00) dollars and maximum fee of one thousand ($1,000) dollars.

    j.      Boat slips Marina per slip, ten ($10.00) dollars per slip, minimum one hundred ($100.00) dollars.

    k.     Bus terminal, five hundred ($500.00) dollars.

    l.      Canvassers, handbill, transient and/or itinerant merchants per day, fifty ($50.00) dollars per person.

    m.   Cleaning, pressing, dyeing and laundry:

        1.     Retail or self service, one hundred ($100.00) dollars.

        2.     Wholesale and plants for processing, two hundred fifty ($250.00) dollars.

    n.     Coal, oil, wood, fuel, gasoline, petroleum retailers, five hundred ($500.00) dollars.

    o.     Driving school, each vehicle fifty ($50.00) dollars.

    p.     Fire, damaged or altered goods, going out of business, etc. each sale per day, fifty ($50.00) dollars.

    q.     Food, frozen custard, ice cream and/or other stands:

        1.     Each stand, one hundred ($100.00) dollars.

        2.     Wholesale, one hundred fifty ($150.00) dollars.

    r.     Garages and Parking Lots:

        1.     Open air parking lots:

    (a)     Fees charged will be based on 200 square feet per car per total vacant area of premises to be licensed.

                     (1)      A fee of six ($6.00) dollars per car.

    (b)     A one-day license fee of thirty-five ($35.00) dollars per day will be issued but only after a license complies with all general requirements and regulations hereinafter listed.

    (c)     General regulations. Every open air parking lot licensee shall comply with the following:

                     (1)      Permit all reasonable inspections of his business.

                     (2)      Permit access to the licensed premises at all reasonable times by the borough licensing officer.

                     (3)      Ascertain and at all times comply with all laws and regulations applicable to such licensed business.

                     (4)      Avoid all forbidden, improper, unlawful or unnecessary practices, businesses or conditions which do or may affect the public health, morals or welfare.

                     (5)      Refrain from operating the licensed business on premises after expiration of his license and during the period when his license is revoked or suspended.

                     (6)      Post and maintain his license upon the licensed premises in a place where it may be seen at all times.

                     (7)      Not loan, sell, give or assign to any other person, or allow any other person to use and display, or to destroy, damage or remove, or to have in his possession, except as authorized by the borough licensing officer or by law, any license or insignia which has been issued to the licensee.

    (d)     Parking will only be permitted within the property lines of a licensed premises.

    (e)     Unlighted lots cannot operate beyond sunset.

    (f)      There shall be posted a three foot by three foot plywood sign white in color with black lettering at each entrance to the parking area with the following information:

    (1)                       All rates, daily, holidays and nightly in six inch numerals.

    (2)                       Hours of operation.

    (3)                       Name, address and telephone number of licensee.

    (4)                       Mercantile license number.

    (g)     Any business required by zoning ordinance to maintain a specified number of off-street parking spaces for the operation of their business may not charge to park in these spaces and will not be licensed to do so.

    (h)     Any violation of the open air parking lot provisions as set forth herein may result in a suspension and/or revocation of the license. Prior to said suspension and/or revocation, the licensee shall be granted a hearing before the designated hearing officer. Said licensee shall have the opportunity at said hearing to present testimony and to be represented by counsel.

    (i)      Anyone violating the provisions of the within ordinance shall be subject to penalties as provided for in the general penalty provision of Chapter V of the Borough of Point Pleasant Beach Code.

    s.     Boats.

        1.     Small sail or rowboats, for hire twenty-five ($25.00) dollars per boat.

        2.     Party or charger boats two ($2.00) dollars per lineal feet ($100.00 minimum).

    t.     Golf, miniature per 18 holes, one hundred ($100.00) dollars.

    u.     Batting cages, per cage, seventy-five ($75.00) dollars. Maximum fee two hundred fifty ($250.00) dollars.

    v.     Juke boxes, twenty-five ($25.00) dollars.

    w.    Livery service (per car), one hundred ($100.00) dollars.

    x.     Lumber yards, two hundred fifty ($250.00) dollars. Any additional retail sales (other than lumber) shall be subject to paragraph cc. below.

    y.     Manufacturing, machine or assembly plant, three hundred ($300.00) dollars.

    z.     Mobile food vending per vehicle, three hundred ($300.00) dollars.

    aa.  Peddlers, selling on streets, two hundred fifty ($250.00) dollars.

    bb.  Restaurant and diners:

        1.     A fee of one hundred fifty ($150.00) dollars for restaurants and diners with seating up to one hundred (100) seats.

        2.     A fee of five hundred ($500.00) dollars for restaurants and diners with seating over one hundred (100) seats.

    cc.    Retail sales, wholesale sales, one hundred ($100.00) dollars minimum, 5 ($0.05) cents per square feet all floors business use. Maximum fee five hundred ($500.00) dollars.

    dd.  Rental area wall to wall, all floors, 10 ($0.10) cents per square feet. Minimum fee two hundred fifty ($250.00) dollars. Maximum fee five hundred ($500.00) dollars.

    ee.   Theaters and motion picture, per screen, two hundred fifty ($250.00) dollars.

    ff.    Vending machines:

        1.     A fee of fifty ($50.00) dollars per machine.

    gg.   All businesses not classified, one hundred fifty ($150.00) dollars.

    hh.  Antiquing emporium, each dealer, fifty ($50.00) dollars.

    ii.    Massage therapy two hundred ($200.00) dollars per facility and thirty-five ($35.00) dollars per massage therapist.

    jj.    Newsracks twenty-five ($25.00) dollars first box and twenty ($20.00) dollars each box thereafter.

 

 

5-5       Retail Food Establishments.

 

               5-5.1                                     License Required.

    It shall be unlawful for any person or persons or any body corporate to conduct a retail food establishment as defined in and governed by the Retail Food Establishment Code of New Jersey (1965), adopted by Chapter BH-V of this revision, without first having procured a license from the Board of Health of the Borough of Point Pleasant Beach to do so or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Retail Food Establishment Code of New Jersey (1965). (Ord. No. 1968-5, § A)

 

               5-5.2                                     Fees.

    The fees for licensing of retail food establishments shall be as prescribed in subsection 5-4.6. Permits and licenses shall be applied for as required in section 5-3 hereof and shall be regulated by the terms of this chapter and Chapter BH-V. No separate charge shall be made by the board of health for a retail food establishment license. (Ord. No. 1968-5, § A)

 

               5-5.3                                     Suspension and Revocation of Licenses.

    Any license issued under the term and provisions of this section may be suspended or revoked by the board of health for the violation by the licensee of any provision of this chapter or the Retail Food Establishment Code of New Jersey (1965), or whenever it shall appear that the business, trade, calling, profession or occupation of the person to whom such license was issued, is conducted in a disorderly or improper manner, or in violation of any law of the United States, the State of New Jersey, or any ordinance of the borough, or that the person conducting the retail food establishment is of an unfit character to conduct the same. or that the purpose for which the license has been issued is being abused to the detriment of the public, or is being used for a purpose foreign to that for which the license was issued.

 

               5-5.4                                     Hearing.

    A license issued under the terms and provisions of this section shall not be revoked, cancelled or suspended until a hearing thereon shall have been bad by the board of health. Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, cancelling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon the license. At the hearing before the board of health, the person aggrieved shall have an opportunity to answer and may thereafter be beard, and upon due consideration and deliberation by the board of health, the complaint may be dismissed, or if the board of health concludes that the charges have been sustained, it may revoke, cancel or suspend the license held by the licensee.

 

               5-5.5                                     Relicensing.

    After Suspension or Revocation. If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the borough unless the application for such license shall be approved by the board of health.

 

               5-5.6                                     Interstate Commerce.

    No provision of this section shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.

 

 

5-5A    Mobile Food Retail Sales.

 

               5-5A.1                                  Definitions.

    A mobile food retail sales and service unit hereinafter referred to as a mobile unit, shall be defined as any movable restaurant, truck, van, cart, bicycle, or other movable unit including hand carried portable containers in or on which food or beverage is transported, stored or prepared for retail sale or given away at temporary or permanent locations.

 

               5-5A.2                                  Compliance.

    Mobile units shall comply with the following specifications:

    a.     Potable water supply tank, minimum capacity of 30 gallons heated electrically or otherwise and tilted toward a capped drain cock, shall be provided; the water inlet pipe shall be of removable flexible copper or other tubing approved by the local board of health of Point Pleasant Beach with nozzle for hose connection capped when not being used. A hose for connection to potable water supply shall be provided and shall be equipped with an approved vacuum breaker and check valve.

 

               5-5A.3                                  Cleansing Sink.

    A seamless three compartment sink, supplied with running hot and cold water, which shall have a swivel faucet, shall be provided and it shall be large enough to accommodate the largest piece of equipment to be cleansed therein.

 

               5-5A.4                                  Hand Wash Sink.

    A hand wash sink, seamless, with running hot and cold water, soap and single service individual towels or mechanical hand dryer, shall be provided.

 

               5-5A.5                                  Waste Tank.

    A suitable waste tank with an adequate method of gauging the contents and having a capacity at least equal to the capacity of the water supply tank shall be provided and shall be tilted toward a drain cock. It shall be emptied and flushed into a sanitary sewer or septic system as often as necessary in a sanitary manner in order to maintain sanitary conditions.

 

               5-5A.6                                  Refrigerator.

    A mechanical refrigerated box that shall maintain a temperature of 45 degrees Fahrenheit or below and equipped with indicating thermometer shall be provided for various ingredients carried with metal racks or platforms provided to store ingredients.

 

               5-5A.7                                  Floors.

    Floors shall be of metal or similar approved material and properly sloped to provide proper drainage. Junctures of floor wall and adjoining fixtures shall be watertight and covered.

 

               5-5A.8                                  Refuse Container.

    A refuse container with cover must be available for deposit of papers and other solid wastes by customers and operators and must be so constructed and designed and placed so that it can be readily used, cleaned and kept clean and located where it will not create a nuisance.

 

               5-5A.9                                  Hours of Operation.

    All mobile units shall only operate between the hours of 12:00 p.m. and 6:00 p.m.

 

               5-5A.10                                Posting of Notice.

    Notice shall be posted in the service area of the mobile unit with instructions as to proper handling of food materials and containers, proper cleansing of equipment, utensils and appurtenances and proper waste disposal.

 

               5-5A.11                                Uniforms.

    Persons handling food shall be clothed in clean, washable uniforms, preferably white ones.

 

               5-5A.12                                Hose.

    A hose and hose connection equipped with a vacuum breaker shall be provided for supplying water to the mobile unit as well as a method of handling the hose for draining to prevent contamination.

 

               5-5A.13                                Windows.

    Serving windows shall be glassed or screened and shall be kept closed at all times except when being used to serve customers.

 

               5-5A.14                                Storage Facilities.

    Suitable covered storage facilities or containers shall be provided for all refuse and waste which must be removed daily.

 

               5-5A.15                                Construction.

    Every mobile unit shall be constructed of such acceptable material as to enable it to be readily cleaned and equipment shall be installed in such a manner that the unit can be kept clean and food will not become contaminated. The unit or equipment shall be provided with a close fitting cover where required.

 

               5-5A.16                                Water Supply.

    The water supply shall be adequate, of a safe, sanitary quality, and derived from an approved source. Cold water and hot water (of a temperature not less than 140 degrees Fahrenheit under pressure) shall be provided in all processing and washing areas.

 

               5-5A.17                                Cleanliness.

    All residues shall be removed from equipment after use each day and product contact surfaces shall be sanitized just prior to use each day. Interior surfaces contacted by foods shall be completely disassembled daily for cleansing. However, installations and methods used for cleaning equipment without disassembling same, may be utilized by approval of the local board of health of Point Pleasant Beach.

 

               5-5A.18                                Protection from Contamination.

    After cleaning and sanitizing all product contact surfaces of equipment and all utensils shall be so stored and handled as to be protected from contamination.

 

               5-5A.19                                Sales by Licensee Solely.

    All mobile retail food sales shall be conducted solely by the licensee holding a mercantile license issued by the Borough of Point Pleasant Beach.

 

               5-5A.20                                Sales From Fixed Location Prohibited.

    All mobile retail food sales shall require the holder of said license to continue to move from place to place and no sales shall be conducted from a fixed location for any period longer than five minutes.

 

               5-5A.21                                Prohibited Areas of Sales.

    Mobile retail food sales shall be permitted in Point Pleasant Beach however in order to protect the health, safety and welfare of the citizens of Point Pleasant Beach no mobile retail food sales shall be permitted in the following areas:

    a.     Single family residential districts as indicated on the zoning map of the Borough of Point Pleasant Beach.

    b.     Broadway along Ocean Avenue to the Inlet and along Inlet Drive.

    c.     Channel Drive.

    d.     Boardwalk.

 

 

5-5B    Peddling and Vending Prohibited on Boardwalk and Beach.

 

               5-5B.1                                  Prohibition.

    There shall be no vending, peddling or hawking the sale of any item or service upon the boardwalk right-of-way lying along portions of the oceanfront beach within the Borough of Point Pleasant Beach. Additionally, no such activity shall take place upon any ocean beach owned by the Borough of Point Pleasant Beach.

 

 

5-6       Coin-Operated Vending Machines.

 

               5-6.1                                     Permit Required.

    It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or any other person, or for any body corporate, or as an officer of any corporation, or otherwise to:

    a.     Engage in the operation of one or more machines or devices offered for public use which, upon insertion of a coin, coins or token, or by other means dispenses unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a permit from the board of health of the borough so to do, or without complying with any and all of the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961) as adopted or amended by the board of health.

    b.     Maintain or permit to be maintained on or in any location in the borough, one or more machines or devices offered for public use which, upon insertion of a coin, coins or token, or by other means, dispenses unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a license for each such machine or device from the board of health or without complying with any and all provisions of the Food and Beverage Vending Machine Code of New Jersey (1961) as adopted or amended by the board.

 

               5-6.2                                     Fees.

    The fees for permits and licenses under this section shall be in conformity with the provisions of subsection 5-4.6. Permits And licenses shall be applied for as required in section 5-3 and shall be regulated by the terms of this chapter and Chapter BH-VIII. No separate charge shall be made by the board of health for permits or licenses except as provided in Chapter BH-VIII.

 

               5-6.3                                     Suspension and Revocation of Licenses.

    Permits and licenses issued under the authority of this section may be suspended, revoked, or reinstated by the board of health pursuant to the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961), as  adopted or amended by the board of health.

 

               5.6.4                                      Interstate Commerce.

    No provision of this section shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.

 

5-7       Coin-Operated Dry Cleaning Establishments.

 

               5-7.1                                     Permit Required.

    It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or any other person, or for any body corporate, or as an officer of any corporation, or otherwise to engage in the operation of an establishment where one or more machines or devices offered for public use which, upon insertion of a coin, coins or token, or by other means, provide self-service dry cleaning facilities without first having applied to and procured a permit from the board of health of the borough so to do, or without complying with any and all of the provisions of the Coin-Operated Dry Cleaning Establishments Code of New Jersey (1962), as adopted or amended by the board.

 

               5-7.2                                     Fees.

    The fee for permits required under this section is hereby fixed at one hundred ($100.00) dollars per year. Permits and licenses shall be applied for as required by section 5-3 hereof and be regulated by the terms of this chapter and Chapter BH-IX. No separate charge shall be made by the board of health for permits or licenses except as provided in Chapter BH-IX.

 

               5-7.3                                     Suspension and Revocation of Licenses.

    Permits issued under authority of this section may be suspended, revoked, or reinstated by the board of health of the borough.

 

               5-7.4                                     Interstate Commerce.

    No provision of this section shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.

 

 

5-8       Enforcement and Penalties.

 

               5-8.1                                     Enforcing Authority.

    It shall be the duty of the chief of police, the borough licensing officer and any police officer of the Borough of Point Pleasant Beach to examine, if necessary, any and all places of business and all persons in the Borough of Point Pleasant Beach to determine if this chapter has been complied with and to enforce the provisions of this chapter against any business and/or person found to be violating the same. Further, it shall be their duty to require any person seen peddling, soliciting, canvassing or distributing and who is not known by such officer to be duly licensed, to produce his peddler's, solicitor's, canvasser's or distributor's license, as the case may be, and to enforce the provisions of this chapter against any person found to be violating the same.

 

               5-8.2                                     Exemption.

    No license shall be required of any person for any mere delivery in the Borough of Point Pleasant Beach of any property purchased or acquired in good faith from such person at his regular place of business outside of the borough where no intent by such person is shown to exist to evade the provisions of this chapter.

 

               5-8.3                                     Public and Nonprofit Applicants.

    The mayor and borough council may authorize the issuance of special permits, without the payment of any license fees, or other charge therefor, to any public, charitable, educational, literary, fraternal or religious organization, for the conduct or operation of a temporary nonprofit enterprise for a public, charitable, educational, literary, fraternal or religious purpose. Applicants, however, shall submit the usual application form in the manner as hereinbefore required and shall operate, if granted a permit, in accordance with the requirements of this chapter.

 

               5-8.4                                     Revocation.

    Any permit or license granted or issued pursuant to this chapter may be revoked by the mayor and borough council after notice and hearing for any of the following reasons:

    a.     Any fraud, misrepresentation or false statement contained in the application for license.

    b.     Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise.

    c.     Any violation of this chapter.

    d.     Conviction of the licensee of any felony or of a misdemeanor involving mortal turpitude.

    e.     Conducting the business licensed under this chapter through applicant himself, or any of his agents, servants or employees, in any unlawful manner, or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

 

               5-8.5                                     Notice of Hearing.

    Notice of a hearing for revocation of a license, under subsection 5-8.4, shall be given in writing by the borough clerk or the borough licensing officer, setting forth specifically the grounds of complaint and the time and place of the hearing. The notice shall be mailed, by certified mail, to the licensee at the address indicated on his license application at least five days prior to the date set forth for the hearing.

 

               5-8.6                                     Violations and Penalties.

    Any violation of the provisions of Chapter V shall be punishable by a fine of not more than two thousand ($2,000.00) dollars for each separate offense and/or confinement in the Ocean County Jail for a period of not more than 90 days. In the case of a continuing violation or violations, a fine of not more than two thousand ($2,000.00) dollars may be assessed for each day that said violation or violations continue unabated, until such time as said violation or violations are corrected. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

 

 

5-9       Massage Parlors.

Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 1976-10 and 1996-3.

 

               5-9.1                                     Definitions.

    As used in this section:

    Massage shall mean the practice of a profession, scientifically applied to the patient by the operator's hands.

    Massage establishment shall mean any massage establishment or place of business wherein massage as to all or any one or more of the subjects and methods of treatments defined in "massage therapist" is administered or used.

    Massage therapist shall mean any person who practices or administers as to all or any of the following named subject matters and who has made a study of the underlying principles of anatomy and physiology as generally included in a regular course of study by a recognized and approved school of massage: the art of body massage, either by hands or with a mechanical or vibratory apparatus for the purpose of body massaging, reducing or contouring, and the use of oil rubs, heat lamps, salt glows, hot and cold packs and tub, shower or cabinet baths. Variations of the following procedures are employed: touch, stroking, friction, kneading, vibration, percussion and medical gymnastics. "Massage therapists" shall not diagnose or treat classified diseases nor practice spinal or other joint manipulations nor prescribe medicines or drugs.

 

               5-9.2                                     License Required.

    a.     It shall be unlawful for any person or persons to engage in the practice or attempt to practice massage, whether for a fee or gratuitously, or to conduct massage, without a license issued pursuant to the provisions of this section.

    b.     It shall be unlawful for any person or persons to operate or conduct any massage establishment which does not conform to the sanitary provisions herein contained or to employ any person as a massage operator who does not hold a license.

 

               5-9.3                                     Application.

    a.     An applicant for a license shall submit the following information:

        1.     Full name and current address.

        2.     The two previous addresses of the applicant immediately prior to the current address.

        3.     Written proof that the applicant is over the age of 18 years.

        4.     The applicant's height, weight and color of eyes and hair.

        5.     Two current photographs at least two by two inches in size.

        6.     The business, occupation or employment of the applicant for the three years immediately preceding the date of the application.

        7.     The massage or similar business license history of the applicant, including whether such person, in previous operation, in this or another area, has had his or her license revoked or suspended, the reason therefor and any business activity or occupation subsequent to the action of suspension or revocation.

        8.     All criminal convictions and the grounds therefor.

    b.     The applicant must furnish a diploma or certificate of graduation from an accredited school or other institution of learning wherein the method, profession and work of massage therapists is taught. The term "accredited school or other institution of learning" shall mean and include any school or institution of learning which complies with the following criteria:

        1.     It has been accredited by the American Massage and Therapy Association, 934 Quincy N.E. Albuquerque, New Mexico 87110 or the International Myomassethics Federation, Inc., P.O. Box 20084, Detroit, Michigan 48220.

        2.     It shall have as its principal purposes the teaching of the theory, method, profession or work of massage therapists.

        3.     It shall require a resident course of study of not less than 1,000 hours to be given in not less than six calendar months before a student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such course of study or learning.

 

               5-9.4                                     Investigation; Fees.

    a.     Any person desiring to obtain a license to operate a massage establishment or to personal massage services shall make application to the municipal clerk, who shall refer all such applications to the chief of police for an appropriate investigation.

    b.     Each application shall be accompanied by a license fee of two hundred ($200.00) dollars.

    c.     Any employee desiring to be licensed as a massage therapist pursuant to subsection 5-9.8 shall pay a fee of thirty-five ($35.00) dollars and otherwise comply with the application requirements of this section where applicable.

 

               5-9.5                                     Issuance; Appeals; Term of License.

    a.     Upon payment of the application fee, submitting of all information required by application and upon proper inspection, a license shall be granted immediately if all requirements described herein are met and unless it appears that any such applicant has deliberately falsified the application or the record of such applicant reveals a conviction of a felony or a crime of moral turpitude.

    b.     Any person denied a license pursuant to these provisions may appeal to the borough council in writing  stating reasons why the license should be granted. The council may grant or deny the license. The council may also review any determination of the chief of police granting or denying a license on its own motion.

    c.     All licenses issued hereunder are nontransferable; provided, however, that a change of location of a massage establishment may be permitted pursuant to the provisions hereof.

    d.     All licenses issued pursuant to this section shall be for a term commencing on January 1st of each year and terminating on December 31st of each year. The license fees provided for in subsection 5-9.4 shall not be prorated in the event that an application for a license is made at any time after January 1st of any year.

 

               5-9.6                                     Display of License.

    Every person to whom a license shall have been granted shall display the license in a conspicuous place at such person's place of business.

 

               5-9.7                                     Change in Location.

    A change of location of the massage premises shall be approved by the chief of police, provided that all applicable ordinances are complied with and the change of location fee of twenty-five ($25.00) dollars is first paid.

 

               5-9.8                                     Massage Therapist Employees to Obtain License; Responsibility of License Holder.

    It shall be the responsibility of the holder of the license for a massage establishment to ensure that each person employed as a massage therapist shall first have obtained a valid license pursuant to this section.

 

               5-9.9                                     Notice to License Holder of Revocation Hearing.

    a.     No license shall be revoked until after due notice and a hearing shall have been held before the borough council to determine just cause for such revocation. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing therein. The notice shall state the grounds of the complaint against the holder of such a license and shall designate the time and place where such hearing will be held.

    b.     The notice shall be served upon the license holder by delivering same personally or by leaving such notice at the place of business or residence of the license holder in the custody of a person of suitable age and discretion. In the event that the license holder cannot be found and the service of such notice cannot be otherwise made in the manner herein provided, a copy of such notice shall be mailed, registered postage fully prepaid, addressed to the license holder at his place of business or residence at least ten days prior to the date of such hearing.

 

               5-9.10                                   Grounds for Revocation of License.

    The license of a massage therapist may be revoked upon one or more of the following grounds:

    a.     That the licensee is guilty of fraud in the practice of massage or fraud or deceit in his being licensed to the practice of massage.

    b.     That the licensee has been convicted in a court of competent jurisdiction of a felony. The conviction of a felony shall be the conviction of any offense which, if committed within this State, would constitute a felony under the laws thereof.

    c.     That the licensee is engaged in the practice of massage under a false or assumed name or is impersonating another practitioner of a like or different name.

    d.     That the licensee is addicted to the habitual use of intoxicating liquors, narcotics or stimulants to such an extent as to incapacitate such person for the performance of his or her professional duties.

    e.     That the licensee is guilty of fraudulent, false, misleading or deceptive advertising or that he or she prescribes medicines, drugs or practices any other licensed profession without legal authority therefor.

    f.      That the licensee is guilty of willful negligence in the practice of massage or has been guilty of employing, allowing or permitting any unregistered person to perform massage in his or her establishment.

    g.     The licensee has violated any of the provisions of this section.

 

               5-9.11                                   Exceptions.

    The requirements of this section shall have no application and no effect upon and shall not be construed as applying to physicians, surgeons, chiropractors, osteopaths or any nurse working under the supervision of a physician, surgeon, chiropractor or osteopath duly licensed to practice the respective professions in this State.

 

 

5-10     Permit Bingo on Sunday.

 

               5-10.1                                   Preamble.

    Whereas, Public Laws of 1964, Chapter 6, Section 8, N.J.S.A. 5:8-31 provides that municipalities may enact ordinances permitting the holding, operating and conducting of bingo and raffle games on Sundays; and the Borough Council of the Borough of Point Pleasant Beach finds that the activities and goals of organizations and associations eligible for licenses to conduct bingo and raffle games would be enhanced by the added revenues which would be obtained if such games of chance were conducted on Sundays.

 

               5-10.2                                   Licensing Permitted.

    Pursuant to N.J.S.A. 5:8-31, the Borough Council of the Borough of Point Pleasant Beach may, in its discretion, issue licenses for the holding, operating and conducting of bingo and raffle games on the first day of the week, commonly known and designated as Sunday.

 

 

5-11     Garage Sale.

 

               5-11.1                                   Definitions.

    As used in this chapter, the following terms shall have the meanings indicated:

    "Garage sale" shall mean and include all sales entitled "garage sale", "lawn sale", "attic sale", "rummage sale", "flea market sale", or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of said sale.

    "Goods" shall mean and include any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.

    "Person" shall mean and include individuals, partnerships, voluntary associates and corporations.

 

               5-11.2                                   Permit Required.

    It shall be unlawful for any person to conduct a garage sale in the Borough of Point Pleasant Beach without first filing with the borough code enforcement officer the information hereinafter specified and obtaining from the code enforcement officer a permit to conduct such sale, to be known as a "garage sale permit". No fee shall be required for the issuance of such permit.

    The person making application for the "garage sale permit" shall file a completed application with the code enforcement officer seven days before the first day of the garage sale in order to provide adequate time for the processing of the permit. The code enforcement officer shall transmit each permit application to the chief of police, or his designees who shall review the information contained on the permit. The chief of police, or his designee shall have the right to impose conditions on the permit relating to matters of public safety.

 

               5-11.3                                   Permit Restrictions; Display.

    a.     The permit shall be issued only to premises on which a residential dwelling is located or charitable, religious or civil organization is located, it being the intention to prohibit garage sales on vacant lots and further to limit the issuance of said permits to specified premises rather than to any individual. The permit may be issued to any premises only twice within any twelve month period, and the permit shall be issued for no more than three consecutive calendar days. Furthermore, no person, firm, group, corporation, or association shall directly or indirectly conduct a garage sale at any premises within the borough more than twice in any twelve month period. Charitable, religious and civic organizations may be allowed more than two permits with the approval of the borough council.

    b.     Each permit issued under this section must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the garage sale.

 

               5-11.4                                   Application Information.

    The information to be filed with the code enforcement officer, shall be as follows:

    a.     Name of the person, firm, group, corporation, association or organization conducting said sale.

    b.     Name of the owner of the property on which said sale is to be conducted and consent of the owner if applicant is other than the owner.

    c.     Location at which sale is to be conducted.

    d.     Number of days of sale.

    e.     Date and nature of any past sale.

    f.      Whether or not applicant has been issued any other vendor's license by any municipal, county, State or Federal agency.

    g.     Sworn statement or affirmation by the person signing that the information therein given is full, true and known to him to be so.

    h.     Any other information deemed necessary by the code enforcement officer so as to process the application.

 

               5-11.5                                   Hours of Sale.

    All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.

 

               5-11.6                                   Signs.

    a.     Signs posted or handbills advertising a garage sale, as herein defined, shall be of a size not larger than 12 x 12 inches and must contain, in addition to the definition of the type of sale being advertised, the number of the permit issued by the borough and the dates for which such permits were issued.

    b.     All such signs shall be removed within 48 hours after the completion of the sale.

    c.     Newspaper advertisement of such sale shall contain the same information as required in the case of signs.

 

               5-11.7                                   Exceptions to Provisions.

    The provisions of this section shall not apply to or affect the following persons or sales:

    a.     Persons selling goods pursuant to an order or process of a court of competent jurisdiction.

    b.     Persons acting in accordance with their powers and duties as public officials.

    c.     Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement, and which separate items do not exceed five in number.

    d.     Any publisher of a newspaper, magazine, other publication or other communication media who publishes or broadcasts in good faith without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this section have not been complied with by the person conducting the sale.

    e.     Any sale conducted by any merchant or other business establishment in a place of business wherein such sale would be permitted by the zoning regulations of the borough or under the protection of the nonconforming use section thereof, or any sale conducted by a manufacturer dealer, or vendor which sale would be conducted from properly zoned premises and would not otherwise be prohibited in the borough ordinances.

    f.      Any bona fide, charitable, eleemosynary, educational, cultural or other organization or association not for profit may be exempted from the limitation established in subsection 5-11.3 hereof, upon demonstrating to the borough council its right to such exemption. The production of a certified copy of a certificate of incorporation, pursuant to Title 15 of the Revised Statutes of New Jersey, shall be presumptive evidence of the right of such organization to this exemption.

 

               5-11.8                                   Enforcement.

    a.     This section shall be enforced by the Police Department of the borough. It shall be the duty of the chief of police, or his designated agent, to investigate any violation of this section.

    b.     The person to whom such license is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such person shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets or interfere with the orderly passage of pedestrian traffic on sidewalks in the area of such premises. All such persons shall obey the reasonable orders of any member of the police department in order to maintain the public health, safety and welfare.

 

 

5-12     Public Assembly.

 

Editor's Note: Prior ordinance history: Ordinance No. 1984-19.

 

               5-12.1                                   Purpose.

    The purpose of the within section is to establish special event license approval procedures and fees to remediate the impact of such events and shall be construed to secure the beneficial interests and purposes thereof which include public safety, health and general welfare through structural strength, stability, sanitation and safety to life and property from fire and other hazards incidental to the congregation of persons at special events. This section shall ensure that special events do not create disturbances, become nuisances, menace or threaten life, health, and property, disrupt traffic or threaten or damage private or public property. It is not the intent of this section to regulate in any manner the content of speech or infringe upon the right to assemble, except for the time, place and manner of speech and assembly, and this section should not be interpreted, nor construed otherwise. (Ord. No. 2013-47)

 

               5-12.2                                   Definitions.

    Above-base service shall mean the cost of providing municipal services, such as public safety and sanitation, in excess of those services and facilities typically provided by the municipality to all other residents.

Applicant shall mean the person or group sponsoring or organizing a special event assembly and applying for a special event assembly license as required under this section.

Banner shall mean a sign, streamer, or article of like description installed across or over the roadway or sidewalk of any street in the Borough.

Borough shall mean the Borough of Point Pleasant Beach.

Business day shall mean normal Borough work hours occurring Monday through Friday, excluding municipal holidays.

Cost recovery charges shall mean above-base service costs for municipal services charged by the Borough to an applicant in conjunction with a special event assembly permitted under this section.

Demonstration shall mean a public assembly, a meeting or gathering, a rally or protest event, a political rally or event, speechmaking, marching, the holding of vigils, and all other like forms of conduct, the primary purposes of which is expressive activity or the communication or expression of views or grievances, that (1) is engaged in by less than 50 persons or (2) will not occur upon any Borough property, including a street, sidewalk, boardwalk, park or alley without compliance with the normal and customary traffic regulations or controls governing such places (for example, do not require street, sidewalk or boardwalk closure) or (3) does not require vendor, alcohol, animal, fireworks or carnival ride licenses (which event meeting one or more of these characteristics shall be deemed a special event). The term "demonstration" shall not mean the casual use of Borough property which does not have an intent or propensity to draw a crowd of onlookers.

Fair shall mean an exhibition and sale of agricultural, industrial, household and manufactured products, coupled with various amusements, entertainment and educational displays.

Festival shall mean a feasting or celebration or religious ceremony or series of performances or merry-making with music and other entertainment.

First Amendment activity shall mean expressive and associative activity that is protected by the United States Constitution and/or the New Jersey Constitution, including, but not limited to speech, press, assembly, and/or the right to petition, for example, but not by way of limitation, a march, an assembly in support of or opposition to a political or social issue, or a vigil, excluding commercial activities.

Parade or procession shall mean a merry-making or ceremonial succession, including an organized movement and/or motorcade consisting of persons, vehicles, things, or a combination thereof, which may include music and/or entertainment, from one location to another that:

        a. Is held with the intent to attract attention;

        b. Takes place upon streets, boardwalks, and/or sidewalks within the Borough;

        c. Interferes or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic, or does not comply with normal and usual traffic, regulations, or controls.

Race shall mean a competition of speed in which participants utilize various transportation mechanisms to get from one location to another in the shortest period of time, occurring on a Borough street and/or sidewalk; these transportation mechanisms may include, but are not limited to, bicycles, automobiles, and/or running.

Run/walk shall mean a noncompetitive race in which participants run and/or walk from one location to another on a Borough street and/or sidewalk.

Special event assembly shall be defined as any event, festival, performance, competition, display or other organized public event in which public rights-of-way or public property may be used or significantly impacted as a result of the event, and which, due to reasonable public safety, health and security concerns, foreseeably requiring the involvement of public personnel and equipment dedicated to assisting the event from its planning to its conclusion. Such an event may be held or sponsored by a profit or nonprofit organization, and may use public or private property, roads or other thoroughfare or requires municipal services, regardless of the events location or planned route. The special event assembly may also be one that promotes Point Pleasant Beach, its residents and businesses as long as said promotion is consistent with the family resort image of the Borough.

(Ord. No. 2013-47)

 

               5-12.3                                   Application of Provisions.

    This section imposes regulatory requirements on certain activities which are held on municipal streets, public property or private property where the general public assemblies and are special events assemblies. The requirements imposed by this section do not alter, supersede or nullify any requirements contained in other statutes, ordinances or regulations which may also regulate these same activities. These requirements shall be applied in a content-neutral manner and without discrimination as to race, religion, sex, national origin, political affiliation or other unlawful discriminatory classification. This section shall not apply to the following events:

    a.     Events or assemblies occurring inside permanently established, fully enclosed places of assembly such as a place of worship, public auditorium, theater, recreation hall, gym, or other enclosed structure designed primarily for housing and assembly of people, provided that the maximum number of persons expected to attend or in actual attendance does not exceed the maximum capacity of the enclosed place of assembly.

    b.     Events or assemblies in conjunction with school events on school property, house of worship events on house of worship property if designed for that use, or government sponsored public hearings.

(Ord. No. 2013-47)

 

               5-12.4                                   License Required.

    a.     No person, partnership, association, corporation or any combination thereof shall permit, maintain, promote, conduct, act as entrepreneur, undertake, organize, manage, sell or give tickets to an outdoor assembly or event of 200 or more people, whether the assembly or event be on public or private property, unless a license to hold such assembly or event has first been issued by the Borough of Point Pleasant Beach Governing Body, application for which must be made pursuant to the provisions set forth in this section. Such an assembly or event shall be a special event assembly as defined and governed by the section. A license shall always be required for assemblies for the purpose of mass musical or public entertainment of various designations, or participation therein, including but not limited to pop festivals, rock music festivals, folk or ethnic festivals, rock and roll festivals, country and western festivals, jazz festivals, concerts, fireworks, movies, stage shows or any combination thereof.

    b.     The prohibitions herein above expressed shall not include or pertain to such assemblies, even though enumerated above, which take place in established indoor theaters, lounges, resorts, auditoriums, convention centers, or other indoor places licensed for public occupancy, unless otherwise limited by applicable law.

    c.     Nothing herein shall be construed to limit the filing of an application for more than one assembly over a period of one year.

    d.     For good cause shown, the time requirement for filing the application or applications under this section may be waived by the Borough Council and the Borough Council may hear any such application on an expedited basis by special meeting if required. In such case the reports required herein may either be waived or presented orally to the Borough Council.

    e.     The operation of a commercial beach, for which beach badges are sold, shall not be subject to this section.

(Ord. No. 2013-47)

 

               5-12.5(A)                             Procedure for License Approval.

    The Governing Body may issue a license upon written application made by any person who proposes to maintain, conduct, promote or operate a special event assembly as set forth herein. No special event assembly for which a license is issued shall begin prior to 8:00 a.m. or be continued after 12:00 midnight.

The following items are required in order to receive approval for a special event assembly:

    a.     A completed, verified application including summary of event, venue request and municipal support services must be submitted to the Borough Clerk. Corporate applications shall be duly signed, attested and verified by the appropriate corporate officers, and shall be accompanied by a copy of the Certificate of Incorporation or Certificate of Formation.

The application shall specifically contain the following:

        1.     Name, age, residence and mailing address of the applicant. Corporate application shall show the name, residence and mailing address of each person or other corporation holding ten percent or more of the stock in said corporation.

        2.     The address, block and lot number, and legal description of all property upon which the assembly is to be held, together with the name and address of the record owners of such property.

        3.     Proof of ownership of all property upon which the assembly is to be held or a statement under oath by the record owner or owners of all such property for an outdoor assembly of 200 people or more for the purpose set forth on the application.

        4.     The specific nature and purpose of assembly, together with a schedule of all events or acts and examples of the proposed advertising of the event, if any, together with the names of the performers who will be performing at the assembly.

        5.     The dates upon which the assembly will take place and the time the assembly will open and finish each day.

        6.     The application shall be accompanied by a diagrammatic sketch or plan of the proposed site, showing the area where the assembly will be situated, the location and capacity of all parking areas, driveways and roads as they relate to traffic flow, traffic control and safety. Fire access lanes and lanes for other emergency vehicles shall be shown on the sketch or plan.

        7.     Past experience of the applicant in promoting, operating or conducting similar outdoor events. The applicant shall state whether any permits or licenses for assemblies issued by this or any other governmental agency have ever been revoked, or whether the applicant has ever received notice of violation from any governmental agency arising out of the conduct of an assembly. Any lawsuits commenced against the applicant to enjoin an assembly or to compel the applicant to provide financial responsibility or reimbursement shall be disclosed.

        8.     Food and drink.

        9.     Adequate toilet and other sanitary facilities shall be provided. The following minimum standards shall generally apply, although the town may approve variations from these standards based on the length of the event, the spatial characteristics of the event, or other factors or considerations:

              (a)   A minimum of four toilet facilities shall be provided to serve an anticipated attendance of 200 people. In addition, two toilet facilities shall be provided for each additional 250 people anticipated to attend.

              (b)   Public or common use toilets must comply with the Federal ADA accessibility guidelines, which require that five percent of the total number, or no less than one toilet facility per each cluster of toilet facilities, must be accessible to guests with disabilities.

              (c)   Medical and ambulance care, including the names of first aid and ambulance services or squads which will be available.

        10.  Facilities for the parking of cars, off the traveled highways of the Borough of Point Pleasant Beach. The details shall indicate parking areas, the capacity of the parking areas, means of ingress and egress, and the measures intended by the applicant to insure that cars waiting to park will not congest the public highways.

        11.  Public safety, indicating the kind and members of guards, or special police to assist the applicant in the supervision of those attending the event. The Point Pleasant Beach Chief of Police shall determine how many guards will be needed to provide adequate traffic control and all traffic patterns devised by Point Pleasant Beach Police personnel shall be strictly adhered to. The Point Pleasant Beach Chief of Police shall prepare an estimate for use of municipal personnel to maintain traffic control.

        12.  The plans, if any, to illuminate the location of the assembly and the pedestrian walkway areas, including the source, amount of power, and the location of the illumination.

        13.  The plans for holding, collecting and disposing of solid waste materials.

        14.  The plans for supplying potable water, including the source, amount available and the location of all outlets.

        15.  The plans for sound control and sound amplification, if any, including the number, location and power of the amplifiers and speakers, together with the applicants proposal to confine the sound to the area of the assembly,

    b.     Application and review process shall be submitted to the following agencies and completed within 15 days of receipt of a complete application.

        1.     Police Department.

        2.     Borough Administrator.

        3.     Construction and code enforcement (if applicable).

        4.     Fire Inspector.

        5.     President of the Point Pleasant Beach Chamber of Commerce.

    c.     A representative from the applicant and the Police Department, as well as the Borough Administrator, shall meet to review the application and the planned event. A representative from the Building Department, the Fire Inspector and Chamber of Commerce may be included as well, if appropriate. The applicant will be provided with a list of municipal services needed and any conditions placed upon the event, i.e. route to be used, type of entertainment, road closure and other necessary requirements for said events.

    d.     The completed application shall then be submitted along with departmental recommendations and any required use agreement for approval by the Governing Body.

    e.     Immediately upon approval, the Borough and the applicant shall notify the Police Department, the First Aid Squad, and the Chamber of Commerce of the date and time of the event and provide a map of the streets impacted. The applicant shall also provide this same information to the municipal clerk for posting on the municipal website, and to the Ocean Star or other newspaper regularly circulated in the municipality. The information provided to the newspaper shall include a notice as to where route information can be obtained. The applicant shall simultaneously transmit to the municipal clerk any email or other electronic transmittal to the newspaper providing this information, or a certified mail or other receipt demonstrating that the required information has been provided to the newspaper. (Ord. No. 2016-13)

    f.      Pre- and post-event meeting(s) shall be held as deemed necessary by the Borough Administrator.

    g.     The Governing Body may consider the following factors when considering if a special event assembly requires the employment of above base municipal services beyond the regularly scheduled shift or the employment of a private contractor:

        1.     The number of anticipated attendees;

        2.     The size of the geographical area for which this special event requires municipal services;

        3.     Whether the event historically has, or is likely to, produce an excessive amount of garbage, trash and litter.

        4.     The proximity of the special event to residential areas or the likelihood that garbage from a special event will affect residential areas.

        5.     The proximity of the special event to bodies of water or any natural resource that should be protected from garbage and pollution.

        6.     The likelihood that garbage from the event could constitute a fire hazard.

(Ord. No. 2013-47; Ord. No. 2016-13)

 

               5:12-5(B)                             License Application Requirements.

    a.     Existing Event(s).

        1.     For any event commencing on or after January 1, 2014, a special event assembly license application must be submitted to the Borough Clerk no later than 90 days prior to the proposed commencement of the event. Upon receipt of a completed application package, the Borough will review the application and provide a response in a reasonable period of time. This deadline shall apply to any event(s) held in the current year or any year in the past five years, which will recur the following year, which is referred to as an existing special event assembly.

        2.     This deadline shall not apply to demonstrations or First Amendment activities as defined in this chapter, or new events, defined herein as those which have not been held in the Borough prior to December 31, 2013.

    b.     New Event(s).

        1.     Special event assembly license applications for new events must be submitted to the Borough Clerk at least 120 days prior to the date and time at which the event is proposed to occur. Upon receipt of a completed application package, the Borough will review the application and provide a response within 30 business days to the applicant. This deadline shall not apply to those events which are determined to be demonstrations or First Amendment activities as defined in this section.

    c.     Demonstrations and/or First Amendment Activities. License applications for a First Amendment activity not encompassed within the definition of a demonstration in this section shall be processed by the Borough no later than five business days prior to the date and time the event is proposed to occur. The Borough still requires the receipt of a completed license application. If any agency within the Borough does not have the opportunity to complete its review prior to the issuance of a license under these expedited circumstances, the Borough reserves the right to modify the authorized duration, route and/or location of the event based on content-neutral public safety concerns including but not limited to accommodations for pedestrians, vehicular traffic, staffing availability, and emergency vehicle access. Notwithstanding anything to the contrary herein, the Borough Attorney in consultation with the Borough Administrator shall have the discretion to waive these time periods, in the interest of accommodating the free expression of opinion. Such waiver shall not be unreasonably withheld but can be denied upon a finding that the Borough would be unable to provide for legitimate safety and traffic concerns. If a waiver is denied, all efforts shall be made to find alternative avenues for the applicant to reach his or her intended audience.

    d.     Additional Requirements.

        1.     If the event will require the closing of streets, the event and applicant are subject to the rules and regulations set forth in the Revised General Ordinances of the Borough. For street closings, the applicant shall submit a copy of the statement of concurrence with the proposed street closing signed by the heads of not less than 51 percent of the households on the block or blocks to be closed;

        2.     If the event will have a fireworks display, the event and the applicant are subject to the rules and regulations set forth in Title 11, Fire Prevention Code and Chapter 1, New Jersey Uniform Fire Safety Code The applicant shall submit a copy of the fireworks vendor's 1) Permit to Manufacture Explosives and 2) Permit to Use Explosives, both issued by the New Jersey Department of Labor, Office of Safety Compliance and such other information as shall be reasonably required by the Boroughs Fire Safety Official or his or her designee;

        3.     If alcohol is to be served, event organizers must acquire a Special License for Social Affairs from the State of New Jersey Department of Law and Public Safety, Division of Alcoholic Beverage Control. License applications are available through the Borough Clerk. Liquor liability insurance shall be required, in such form and amount as set forth in this section. Licensee must comply with any applicable State or local laws;

        4.     If merchandise and/or food are to be sold or supplied, the event and applicant are subject to the rules and regulations set forth in the Revised General Ordinances of the Borough. Special attention should be given to the provisions relating to hawking and peddling; canvassing and soliciting. License applications are available through the Borough Clerk;

        5.     If applicable, the applicant must provide proof that the amusement ride's owner/operator has acquired the necessary permits from the New Jersey Department of Community Affairs, Bureau of Code Services and the insurance required in this section;

        6.     If applicable, the applicant must provide proof that the owner/operator/distributor of any game of chance has registered with the New Jersey Legalized Games of Chance Control Commission and provide the appropriate license to the Borough Clerk; and

        7.     The applicant accepts total responsibility for providing and maintaining proper garbage removal, to include the source separation of recyclable materials such as glass bottles and jars, aluminum and bi-metal cans, and corrugated cardboard from any garbage generated during the special event. All recyclable materials collected, shall either be recycled by a private hauler or dropped off at the Borough Recycling Depot as outlined in the Borough's Mandatory Recycling Ordinance. It shall be the responsibility of the applicant to ensure that a recycling tonnage report form, which is included with the license application, is completed and forwarded to the Borough Office of Recycling, within 30 days after the event only if a private hauler and another recycling market, other than the Borough Recycling Depot is used;

    e.     Failure of the applicant to submit a complete application as defined above and to comply with the applicable State laws and regulations shall be grounds for denial of the license application.

    Except as otherwise provided herein, applicants for events defined herein as First Amendment activities are not required to comply with paragraph d,1 hereinabove.

(Ord. No. 2013-47)

 

               5-12.6                                   Licensing and Assembly Fees and Requirements.

    a.     A separate license shall be required for each day and for each location in which 200 or more people assemble or can reasonably be anticipated to assemble for a special event assembly. The fee for each license shall be two thousand ($2,000.00) dollars per day.

    b.     The license shall permit the assembly of only the maximum number of people as stated in the license. The licensee shall not sell tickets for nor otherwise permit to assemble at the licensed premises more than the maximum number of people permitted by the license.

    c.     The Governing Body may waive the fees provided for in paragraph a. upon the written request of any civic association, charitable association or nonprofit corporation provided such civic association, charitable association or nonprofit corporation meets the criteria set forth below:

        1.     Only organizations holding tax exempt status under the Federal Internal Revenue Code of 1954 (26 U.S.C. s. 501(c) or (d)) are to be considered as a Charitable Organization.

        2.     The Governing Body may consider the following factors when considering a Charitable Organizations request for waiver of any fee:

              (a)   Benefit to the residents of Point Pleasant Beach from the charities activities:

              (b)   Benefit to residents of the area from the charities activities;

              (c)   Amount of money expected to be raised by the charity by the activity for which the waiver is requested;

              (d)   Percentage of amount raised by the charity, through the activity for which the waiver is requested, which is expended on costs and administrative expenses;

              (e)   Dollar amount of fees to be waived.

              (f)    Above based service of the Borough attributable to the activity for which the waiver is requested.

(Ord. No. 2013-47)

 

               5-12.7                                   Financial Responsibility.

    The application shall also contain the following proof of financial responsibility and adequate insurance coverage:

    a.     The applicant shall submit to the Borough Clerk, with his application, a written commitment from an insurance company licensed to do business in New Jersey, to insure the applicant, and the Borough as a named coinsured, during such event, an account of liability for accidental injury to one person in the amount of five hundred thousand ($500,000.00) dollars: for accidental injury to two or more persons in the amount of one million ($1,000,000.00) dollars. Where it appears that the nature and size of the event, or existence of other applicable insurance will not reasonably require the limits hereinabove provided, the Borough Council may fix such lesser amounts of limits or accept such evidence of other insurance or financial responsibility as will reasonably afford protection to the participants and to the public.

    b.     In addition to the insurance obligation provided for hereinabove, the Borough Council may require of the applicant; prior to the issuance of a license, to make cash deposits in an amount sufficient to insure full payment of its license fees, and/or to insure prompt repair of physical damage and collection or refuse, if same is not adequately provided for by the applicant. Such a cash deposit may include, sums sufficient to pay for such special police officers and like personnel as may reasonably be required by the event and for which the Borough shall bill the applicant.

    c.     The applicant shall file a bond with the Clerk of the Borough, either in cash or underwritten by a surety company licensed to do business in the State of New Jersey, in the amount of fifty thousand ($50,000.00) dollars, which bond will indemnify and hold harmless the Borough or any of its agents, officers, servants, and/or employees, from any liability, or any course of action of whatever nature which may arise by reason of the granting of the license, and from any damage incurred by trespass, vandalism or otherwise, and from any costs incurred in cleaning up any waste materials produced or left by the assembly. At the discretion of the Borough Council, the above bond may be waived and the Borough Council may accept a letter of indemnification from the applicant when the applicant demonstrates assets in excess of five million ($5,000,000.00) dollars by a certified financial statement.

(Ord. No. 2013-47)

 

               5-12.8                                   Hearing.

    The Borough Council shall conduct a hearing on an application for a license hereunder at a regular meeting of the Borough Council within 45 days of a submission of the completed application. A notice of such hearing shall be published at least once in the official newspaper of the Borough at least five days prior to the date of the hearing. The Borough Council may after considering the application causing due investigation and after giving due regard to the recommendations of the Chief of Police, Fire Chief, Fire Inspector, Board of Health and Code Enforcement Officer and Construction Official issue the license requested upon such terms and conditions as it deems necessary and proper to insure the health, safety, and welfare of the citizens of the Borough of Point Pleasant Beach. (Ord. No. 2013-47)

 

               5-12.9                                   Revocation of License.

    A license may be revoked by the Borough Council upon 12 hours notice to the applicant where it appears that:

    a.     The application is materially false or purposely misleading.

    b.     The number of persons attending the assembly is unexpectedly greater by 50 percent than the number initially projected and the applicant is unable to deposit sufficient monies to insure adequate police protection, or is unable by reason of such increase, to provide proportionally greater sanitary, water, food, and other health facilities.

    c.     New or substantially changed conditions have arisen so as to imperil or materially endanger the public health, morals, safety or welfare.

    d.     Notwithstanding the above, a license may be revoked at any time after 24 hours prior to the event, and at any time during such event, where it appears that the public health, morals, safety, or welfare are being endangered, where it appears that numerous acts of criminality, disorderly conduct, juvenile delinquency, violations of the controlled dangerous substance act of the State of New Jersey are occurring, or where nuisances substantially impairing the comfort or welfare of the Borough are occurring.

    Where such circumstances appear, a license shall be revoked in the following manner:

        1.     By a majority of a quorum of the Borough Council.

        2.     If a quorum of the Borough Council cannot reasonably be convened, then by the Mayor.

        3.     In the absence of the Mayor, by his designee appointed for this purpose.

        4.     In the absence of the foregoing, by the Chief of Police or his designee.

    In the event of revocation under this subsection, the license fee and cash deposit, to the extent the latter is billed, used, or required, shall not be returned to the applicant.

(Ord. No. 2013-47)

 

    5-12.10   Special Event Assembly Application and Use Fees and Exemptions Therefrom.

    The following fees related to above based services shall be applicable for special event assemblies:

    a.     If the bandshell area, gazebo or Borough Hall public meeting room is used, there shall be a usage fee of fifty ($50.00) dollars per hour of requested use.

    b.     If the boardwalk is used for a walk, raffle table or any other approved use, there shall be a one hundred ($100.00) dollar application fee.

    c.     For use of streets, there shall be a twenty-five ($25.00) dollar application fee for each street utilized.

    d.     Law Enforcement Services. Any event that requires dedicated law enforcement services in excess of the regularly scheduled shift shall be charged for the above base service required of each additional officer at a rate of fifty ($50.00) dollars per hour per assigned, dedicated officer.

    e.     Public Works. The following fees will be due for public works above based services, including but not limited to the cost of providing trash receptacles, barricades, pre-event maintenance and trash removal; said fees are based upon the anticipated attendance as set forth in the application.

        1.     200 to 1,000 people $300.00

        2.     1,001 to 2,500 people $500.00

        3.     2,501 to 5,000 people $1,000.00

        4.     5,001 to 7,500 people $1,500.00

        5.     7,501 to 10,000 people $2,000.00

        6.     10,000 or more people + fee to be based on services required, minimum fee of $5,000.00)

    f.      Payment of Fees. All application fees will be due and payable upon submission of the completed application. All other fees that cannot be computed prior to the event shall be due within ten business days after the completion of the event.

    g.     Additional Licenses. Any applicant/vendor that provides a stove, grill or other cooking device in connection with the special event shall obtain a license from the Point Pleasant Beach fire inspector.

    h.     Exemptions. Exemptions from the above fees may be granted by the Governing Body as provided for in this section.

(Ord. No. 2013-47)

 

               5-12.11                                 Enforcement and Penalties.

    a.     Violations of this section shall be grounds for revocation of the special events license. Upon such revocation, all activities associated with the event shall be immediately terminated.

    b.     Any person who violates any subsection of this section for sponsoring a special event determined to be a public health or safety hazard, or for failure to obtain a license shall be subject to the penalties set forth in the Borough Code. Each day's continued violation shall constitute a separate offense.

    c.     Nothing provided herein shall be deemed or construed to limit the authority or ability of the Borough to seek civil injunctions to prohibit violations of this section or any other lawful remedy, in addition to the criminal penalties set forth in this subsection.

(Ord. No. 2013-47)

 

               5-12.12                                 Intended Distribution of Fees.

    Application usage fees are to be placed in a dedicated fund that will be used for the maintenance and improvements to the bandshell area and parks within the Borough of Point Pleasant Beach. The fees for police service and public works are intended to be used to offset costs to those departments. (Ord. No. 2013-47)

 

5-13     Newsracks.

 

               5-13.1                                   Intent and Purpose.

    a.     The uncontrolled placement of newsracks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services.

    b.     Newsracks so located cause an inconvenience or danger to persons using public rights-of-way, and unsightly newsracks located therein, constitute public nuisances.

    c.     The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health and general welfare of persons in the Borough of Point Pleasant Beach in their use of public rights-of-way.

 

               5-13.2                                   Definitions.

    Distributor shall mean the person responsible for placing and maintaining a newsrack in a public right-of-way.

    Newsrack shall mean any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale of newspapers or other news periodicals.

    Parkway shall mean that area between the sidewalks and the curb of any street, and where there is no sidewalk that area between~ the edge of the roadway and property line adjacent thereto. Parkway shall also include any area within a roadway which is not open to vehicular travel.

    Roadway shall mean that portion of a street improved, designed, or ordinarily used for vehicular travel.

    Side-walk shall mean any surface provided for the exclusive use of pedestrians.

    Street shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.

 

               5-13.3                                   Permit Required.

    It shall be unlawful for any person, firm, or corporation to erect, place, maintain or operate, on any public street or sidewalk, or in any other public way or place, in the borough any newsrack without first having obtained a permit from the borough licensing department specifying the exact location of such rack(s). One permit may be issued to include any number of newsracks, and shall be signed by the applicant.

 

               5-13.4                                   Application for Permit.

    Application for such permit shall be made, in writing, to the borough licensing department upon such form as shall be provided by it, and shall contain the name and address of the applicant, the proposed specific location of said newsrack, and shall be signed by the applicant.

 

               5-13.5                                   Conditions for Permit.

    a.     As an express condition of the acceptance of such permit, the permittee thereby agrees to indemnify and save harmless the borough, its officers, directors, and employees against any loss or liability or damage, including expenses and costs for bodily or personal injury, and for property damage sustained by any person as the result of the installation, use or maintenance of a newsrack within the borough.

    b.     Permits shall be issued for the installation of a newsrack or newsracks without prior inspection of the location but such newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this section and such reasonable rules and regulations as may be established by the borough licensing department. Permits shall be issued within 24 hours after the application has been filed. An annual permit fee of twenty? five ($25.00) dollars for the first newsrack and twenty ($20.00) dollars for each additional newsrack is required.

    c.     Such permits shall be valid for one year and shall be renewable pursuant to the procedure for original applications referred to in subsection 3-26.4 and upon payment of the above required permit fee.

 

               5-13.6                                   Standards for Maintenance and Installation.

    Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway, shall comply with the following standards:

    a.     No newsrack shall exceed four feet in height, 30 inches in width, or two feet in thickness.

    b.     No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, or purchase of the newspaper or news periodical sold therein.

    c.     Each newsrack shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication paid for. The coin-return mechanisms shall be maintained in good working order.

    d.     Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin-return mechanism.

    e.     Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that:

        1.     It is reasonably free of dirt and grease.

        2.     It is reasonably free of chipped, faded, peeling, and cracked paint in the visible painted areas thereof.

        3.     It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.

        4.     The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration.

        5.     The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading.    A

        6.     The structural parts thereof are not broken or unduly misshapen.

 

               5-13.7                                   Location and Placement of Newsrack.

    Any newsrack which rests in whole or in part upon, or on any portion of a public right-of-way or which projects onto, into, or over any part of a public right-of-way shall be located in accordance with the provisions of this section:

    a.     No newsrack shall be used or maintained which projects onto, into, or over any part of the roadway of any public street, or which rests wholly or in part upon, along, or over any portion of the roadway of any public street.

    b.     No newsrack shall be permitted to rest upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally marked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location.

    c.     No newsrack shall be chained, bolted, anchored to the ground or otherwise attached to any fixture located in the public right-of-way, except to other newsracks.

    d.     Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than eight feet along a curb, and a space of not less than three feet shall separate each group of newsracks.

    e.     No newsrack shall be placed, installed, used or maintained:

        1.     Within five feet of any marked crosswalk.

        2.     Within 12 feet of the curb return of any unmarked crosswalk.

        3.     Within ten feet of any fire hydrant, fire call box, police call box or other emergency facility.

        4.     Within five feet of any driveway.

        5.     Within three feet ahead or 15 feet to the rear of any sign marking a designated bus stop.

        6.     Within three feet of the outer end of any bus bench.

        7.     At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet.

        8.     Within three feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.

        9.     Within 100 feet of any other newsrack on the same side of the street in the same block containing the same issue or edition of the same publication.

 

               5-13.8                                   Penalties.

    Any person who violates any one or more of the provisions of this section shall be subject to a fine of not more than five hundred ($500.00) dollars for each separate offense and/or confinement in the Ocean County Jail for a period of not more than 90 days. In the case of a continuing violation or violations, a fine of not more than five hundred ($500.00) dollars may be assessed for each day that said violation or violations continue unabated, until such time as said violation or violations are corrected. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

 

 

5-14     Payment of Real Estate Taxes Prior to the Issuance of Licenses or Permits.

 

               5-14.1                                   Purpose.

    The purpose of this section is to implement the provisions of P.L. 1987, Chapter 174 to require any individual license or permit holder owning real property to bring up-to-date any overdue real property taxes in order to receive the reissuance of a license or permit. Additionally, this section shall provide for the revocation of any license or permit in accordance with the provisions of said Chapter 174. (Ord. #1988-2, § 1)

 

               5-14.2                                   Requirement.

    Prior to the issuance or renewal of any license or permit as set forth in Chapters V, VI, VII, VIII and XIII of the Code of the Borough of Point Pleasant Beach the applicant, if he is the owner of the real property where the business or activity for which the license or permit is sought or wherein the business or activity is to be conducted shall be required to pay any and all delinquent real estate taxes upon said property. (Ord. #1988-2, § 2)

 

               5-14.3                                   Suspension.

     The owner of said real property upon which said business or activity is located shall have his or her license or permit revoked in the event that said individual, corporation or partnership has failed to pay the taxes due on the property for at least three consecutive quarters. Upon payment of the delinquent taxes or assessments, the license or permit shall be restored. (Ord. #1988-2, § 3)

 

               5-14.4                                   Exception.

    This section shall not apply to New Jersey alcoholic beverage licenses or permits issued pursuant to the "Alcoholic Beverage Control Act", R.S.33:1-1 et seq. (Ord. #1988-2, § 4)

 

 

5-15     Reserved.

Editor's Note: Section 5-15, Religious Solicitation in the Boardwalk and Ocean Avenue Area, containing portions of Ordinance No. 1990-21, was deleted in entirety by Ordinance No. 2015-02.

 

 

5-16     Tattoo and Body Piercing Businesses.

 

               5-16.1                                   Purpose.

    The purpose of the within section is to require certain minimum regulation requirements for tattoo and body piercing businesses located within the Borough of Point Pleasant Beach as they apply to the record keeping and minimum age requirements.

 

               5-16.2                                   Definitions.

    a.     "Tattoo" or "tattooing" shall mean any placement or injection by means of a penetrating instrument, or in any other manner of chemicals, substances, dyes or other material upon or beneath the surface of the skin of a human being for the purpose of marking, decoration or other permanent alteration of the appearance of the skin surface.

    b.     "Body piercing" shall mean the purposeful puncturing of the skin of any human body part, for the purpose of permanently or temporarily inserting a ring or other ornamentation. The term "body piercing" shall include, but not be limited to the piercing of ears, eye brows, noses, lips, navels, tongues or any other body part.

 

               5-16.3                                   Tattooing or Body Piercing of Minors.

    It shall be a violation of the within section for anyone or any tattooing or body piercing business to tattoo or body pierce an individual under the age of 18 years except as provided in section 5-16.4 of this section. Said establishment shall be responsible to review two types of identification proving an individual to be at least 18 years of age. Said proofs shall include at least one that is a photo identification and it shall be the responsibility of the proprietor to photocopy and maintain said submitted proofs for a period of three years together with the following information concerning all tattoo or body piercing:

    a.     The date of the tattooing or body piercing;

    b.     The name, address and sex of the person tattooed or pierced;

    c.     The name and address of the person performing the tattoo operation or body piercing;

    d.     The design, color or colors and location on the body of the tattoo or the location of the piercing;

    e.     The dye or substance used in marking the skin, or the type of ring or other ornamentation inserted into the pierced area;

    f.      The method of tattooing or piercing used.

 

               5-16.4                                   Parental Consent Required for Minor.

    If the person to be tattooed or to be pierced is a minor under the age of 18 years, then it shall be required that the parent or guardian sign a consent to said tattooing or piercing operation. The proprietor shall be responsible to keep photocopies of at least two forms of identification identifying the individual as the parent or a court order identifying the person as the guardian before allowing the minor to be tattooed or pierced. Said records shall be kept for a period of three years as hereinabove described and all of the other information required by section 5-16.3 shall additionally be supplied.

 

               5-16.5                                   Representations.

No person or operator of any establishment or other place where tattooing or body piercing is performed shall state, represent, warrant or imply to customers, potential customers, or the public at large, that the tattooing or body piercing establishment is endorsed or its operation approved by the Borough of Point Pleasant Beach.

 

               5-16.6                                   Sterilization and Disposal of Needles.

    Tattooing or body piercing establishments shall be responsible for the proper sterilization and disposal of tattoo and body piercing needles and any associated medical wastes in accordance with any and all applicable county, state or federal regulations.

 

               5-16.7                                   Violations and Penalties.

    Any person who violates any one or more subsections of this section shall be subject to a fine of not more than one thousand ($1,000.00) dollars for each separate offense and/or confinement in the Ocean County Jail for a period of not more than 90 days.

 

 

5-17     "Flea Market" Regulations.

 

               5-17.1                                   Purpose.

    The purpose of the within section is to adopt specific regulations pertaining to outdoor flea markets within the Borough of Point Pleasant Beach.

 

               5-17.2                                   Definition.

    a.     "Flea market" shall mean an arrangement of outdoor vendors upon public property with consent of the governing body for a period of time not to exceed two days. Additionally, the only items to be sold at said market include used merchandise, handcrafted items and antiques.

 

               5-17.3                                   Application.

    Upon receiving approval from the governing body, the sponsor shall be required to obtain an application from each participating vendor. Said application must include a list of all items to be sold by each vendor. Sponsor will maintain applications and have available the day of the event.

 

               5-17.4                                   Duties and Responsibilities.

    It shall be the responsibility of the applicant/licensee for the flea market to follow the rules established herein. Failure of the applicant or licensee to follow said regulations shall result in revocation, future disqualification or penalty as provided in subsections 5-8.4 through 5-8.6 of the Borough Code.

 

 

5-18     Outdoor Sidewalk Cafe License.

 

               5-18.1                                   Purpose and Intent.

     The purpose and intent of this section is to allow portions of the public sidewalks in front of eating establishments to be used for sidewalk dining subject to issuance of an outdoor sidewalk cafe license and strict compliance with all conditions set forth herein. This limited authorization to use the public sidewalks is intended to advance the public purposes of stimulating economic activity and providing amenities in the business districts of the Borough of Point Pleasant Beach, and such authorization shall be solely in the nature of a revocable license which shall not be deemed to vest licensees with any property interest or other rights in the public sidewalks.

 

               5-18.2                                   License Required.

    No person shall engage in or allow sidewalk dining on any public sidewalk without having first obtained a sidewalk dining license.

 

               5-18.3                                   Insurance Required.

    a.     No outdoor sidewalk cafe license shall be issued unless the licensee shall have first filed with the municipal clerk a certificate of insurance, issued by a company duly authorized to transact business under the laws of the State of New Jersey, providing for the payment of not less than five hundred thousand ($500,000.00) dollars to satisfy all claims for damage by reason of bodily injuries to or the death of any person as a direct or indirect result of the operation of the outdoor sidewalk cafe or for injury to any person occurring on the space occupied by such cafe, and further providing for the payment of not less than ten thousand ($10,000.00) dollars to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such cafe.

    b.     The insurance policy shall provide that the insurance company shall notify the Borough of Point Pleasant Beach ten days prior to cancellation or substantial change in coverage.

 

               5-18.4                                   Indemnification Agreement Required.

    No outdoor sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the municipal clerk an indemnification agreement pursuant to which the licensee, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnify and save harmless the Borough of Point Pleasant Beach, its officers, agents and employees from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of or which may arise out of the licensee's operation of such outdoor sidewalk cafe.

 

               5-18.5                                   Maintenance Agreement Required.

    a.     No outdoor sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the municipal clerk a maintenance agreement pursuant to which the licensee shall agree, at the option of the borough, to either repair at its sole cost and expense any damage caused to the sidewalk by the operation of the cafe or to reimburse the borough for all costs and expenses incurred by it in making any such repairs.

    b.     In the event of damage to the sidewalk caused by operation of the sidewalk cafe, the municipal clerk may require a bond to be filed by the licensee in an amount to be fixed by the borough, prior to the next annual renewal of said sidewalk cafe license.

 

               5-18.6                                   Application for License.

    An application, sworn to by the applicant, for a sidewalk dining license shall be filed annually with the borough clerk on forms supplied by the clerk. The forms shall require the following information and such additional information as deemed necessary:

    a.     The name of the applicant, and the address.

    b.     The name and address of the eating establishment where sidewalk dining is to be maintained.

    c.     Consent of the owner of the premises, if other than the applicant.

    d.     A check payable to the Borough of Point Pleasant Beach in the amount of the license fee.

    e.     A layout plan which must include the following:

        1.     A description of the proposed design and location of the outdoor sidewalk cafe and all temporary structures, equipment and apparatus to be used in connection with its operation, including tables, chairs, planters, awnings, lighting and electrical outlets (if any).

        2.     A statement of seating capacity of the proposed outdoor sidewalk cafe and of the existing restaurant actually operated by the applicant in the adjacent building.

        3.     A diagram demonstrating that pedestrian traffic along the sidewalk upon which the outdoor sidewalk cafe is proposed to be located will in no way be impeded, and that the provisions of this chapter shall be satisfied.

        4.     A description of the proposed location of the outdoor sidewalk cafe showing the actual dimensions of the area to be utilized and the building, street and sidewalk upon which it fronts and on which it is to be located, including the area of frontage and distance from the facade to the curb.

 

               5-18.7                                   Application Review.

    a.     The municipal clerk shall refer the layout plan to the construction official, chief of police, the code enforcement official and the building committee of the borough council for their review and comment. All such review and comment shall be completed within 15 business days after receipt of the plan.

    b.     The borough administrator shall, after review of the plan and receipt of the comments from the municipal officials, either approve or deny the application.

    c.     The administrator's decision on the license application shall be deemed the final action of the borough.

 

               5-18.8                                   Fees.

    The annual license fee for each and every premises on which sidewalk dining is conducted shall be one hundred ($100.00) dollars. This license fee shall be in addition to any other licenses that the premises requires, including, but not limited to, a mercantile license.

 

               5-18.9                                   License Terms and Conditions.

    a.     A sidewalk dining license shall be valid only for the period of May 1 through October 31 of a given year, and a new license must be obtained for each year. Licenses may be renewed annually by the filing of an application in accordance with the provisions of this chapter.

    b.     A sidewalk dining license may not be transferred.

    c.     The license shall be displayed in a conspicuous place on the premises prior to the use of the premises for sidewalk dining.

 

               5-18.10                                 Regulations.

    The conduct of sidewalk dining pursuant to a license issued under this section shall be subject to all of the following restrictions and requirements:

    a.     Public sidewalk dining may be conducted in the general commercial (GC), marine commercial (MC), or highway commercial (HC) districts as designated on the Point Pleasant Beach Zoning Map, and shall be operated and maintained in accordance with the layout plan as approved.

    b.     The sidewalk dining area must not inhibit pedestrian traffic on public sidewalks, and an area must be open and unobstructed for pedestrian traffic. No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor sidewalk cafe shall be located in such a way that less than four feet of paved sidewalk remains for the exclusive use of pedestrians (the required pedestrian passageway), nor shall any such furniture, apparatus, decoration or appurtenance project or protrude into, on or above the required pedestrian passageway.

    c.     Nothing shall be placed in an alleyway or walkway or set up tables in such a manner as to block any alleyways or walkways or any building entrance/egress. It shall be unlawful to obstruct or reduce in any manner the clear width of any exit discharge passageway, as determined by the clear width opening of the entrance/egress door(s). The passageway shall be as straight as possible leading directly to the street.

    d.     The only items permitted are tables, chairs, umbrellas and/or awnings, lighting, plants or other decoration and containers for the disposal of recyclable cans/bottles and garbage.

    e.     No table, umbrella or other item shall be placed in such a manner as to block any municipal signs, receptacles for garbage, public benches or other public amenity, including fire hydrants.

    f.      The licensee must provide for the disposal of recyclable cans/bottles and garbage. Public receptacles for garbage shall not be used. Sidewalk areas shall be kept clean during hours of operation. Trash receptacles shall be provided as required. Litter shall not be permitted on adjoining sidewalks or property.

    g.     Service in the outdoor sidewalk cafe shall be provided by persons engaged or employed for that purpose and shall be furnished to seated patrons only. All customers must be seated throughout their meal and the licensee shall be prohibited from serving drivers or passengers of vehicles.

    h.     Licensees are prohibited from using public utility hookups.

    i.      All sound systems are prohibited. Noise shall be kept at such a level as to comply in all respects with the provisions of the code of the Borough of Point Pleasant Beach.

    j.      All food preparation shall be in the regular kitchen area of the restaurant, not outside and shall be done in compliance with all the requirements of N.J.A.C. 8:24-1 et seq. (also known as Chapter XII of the New Jersey State Sanitary Code) and N.J.S.A. 24:15-1 et seq.

    k.     The placement of outdoor tables shall be limited to the area immediately in front of existing and/or properly approved restaurants, cafes or eating establishments. The outdoor sidewalk cafe shall be actually operated and maintained by the same person who operates and maintains the related restaurant of which the cafe is a part and an extension. No portion of any sidewalk dining equipment, including chairs, tables and opened umbrellas, shall encroach upon the sidewalk area in a manner to block, impede or cover adjacent store fronts, doors or windows in front of other business establishments.

    l.      Reserved.

    m.   Sidewalk dining may commence May 1 and may continue through October 31. Permissible hours of operation shall be from 7:00 a.m. to 10:00 p.m., with the last meal being served no later than 10:00 p.m. Within one hour after the closing of the outdoor sidewalk cafe, the operator shall have all furniture, apparatus, decoration and appurtenances and any other items used in connection with the operation of such outdoor sidewalk cafe removed from the sidewalk. All such materials shall be stored in a safe and secure interior location.

    n.     No alcohol service or consumption is permitted.

    o.     The borough retains the right to temporarily suspend a sidewalk dining license to allow for construction activity, utility repairs, special events or for other reason as deemed appropriate by the borough council, with reasonable advance notice to be given to affected licensees.

    p.     The operator shall comply with all other ordinances of the Borough of Point Pleasant Beach. Failure to comply with any borough ordinance may result in suspension or revocation of the sidewalk cafe license.

 

               5-18.11                                 Suspension and Revocation of License.

    Any license may be suspended or revoked for good cause by the borough council, including but not limited to a misrepresentation of the information supplied in the application, the conviction of a crime, a violation of any ordinance, statute or government regulation or a violation of this section.

 

               5-18.12                                 Enforcement.

    The borough clerk shall be responsible for licensing and the collection of fees. This chapter shall otherwise be enforced by the zoning officer, Point Pleasant Beach Police Department and the board of health, as to the sanitary code.

 

               5-18.13                                 Notice of Violation; Failure to Comply.

    a.     Upon a determination by an officer or employee of the Borough of Point Pleasant Beach charged with the responsibility for enforcing the provisions of this section that a licensee has violated one or more of such provisions, such officer or employee shall give written notice to the licensee to correct such violation within 24 hours of the receipt of such notice by the licensee. In the event that the licensee fails or refuses to correct such violation within such period, the licensee's outdoor sidewalk cafe license shall thereupon and automatically be revoked. In the event that a licensee receives three violation notices during a single license period, the outdoor sidewalk cafe license shall be thereupon automatically revoked.

    b.     Upon the revocation of such license, the licensee upon written request, shall be entitled to a hearing before the borough council of the Borough of Point Pleasant Beach within 14 days of the date of its request.

 

               5-18.14                                 Violations and Penalties.

    Any person convicted of a violation of any of the provisions of this section shall be subject to a fine not to exceed five hundred ($500.00) dollars or 90 days' imprisonment, or both. Each violation of a section or subsection of this chapter, and each day that a violation continued, shall constitute a separate offense.

 

 

5-19     Reserved.

(Ord. No. 2003-03; Ord. No. 2008-19, Ord. No. 2009-36; reserved by Ord. No. 2013-47)

 

Editor's Note: Former Section 15-19 (5-19.15-19.6) Special Event Approval was deleted by Ordinance No. 2013-47. See Section 5-12 for Special Events.

 

5-20     Filming.

 

               5-20.1                                   Establishment.

    a.     The Municipal Council of the Borough of Point Pleasant Beach recognizes that the filming of motion pictures within the Borough of Point Pleasant Beach has been increasing and will continue to increase in the future.

    b.     The production of motion pictures within the Borough of Point Pleasant Beach requires various regulations to preserve the general health, safety and welfare of the Borough of Point Pleasant Beach inhabitants; in addition, the imposition of various fees is required to offset administrative costs incurred in processing permit applications and conducting the requisite inspections. The Borough of Point Pleasant Beach hereby amends Chapter  V of the Code of the Borough of Point Pleasant Beach to establish fees and regulations governing motion picture filming.

 

               5-20.2                                   Definitions.

    As used in this section, the following terms shall have the meanings indicated:

    a.     Filming shall mean the taking of still or motion picture either on film, videotape or other recording medium, for commercial or educational purposes, intended for viewing on television, in theaters in print or for institutional use.  The provisions of this chapter shall not be deemed to include the filming of news stories within the Borough of Point Pleasant Beach.

    b.     Public lands shall mean any and every public street, highway sidewalk, square, public park or playground or any other public place that is within the jurisdiction and control of the Borough of Point Pleasant Beach. Incidental use of public land that is of minimal impact and does not result in a closing of same to public use shall not be considered filming on public land.

    c.     Private property shall mean any and all property that is not a public street, highway, sidewalk, square, public park or playground, or other public place within the Borough of Point Pleasant Beach, but is owned by or assessed to a private person or entity.

    d.     Major motion picture shall mean means any film for which the budget is at least five million ($5,000,000.00) dollars or any film which is financed and/or distributed by a major motion picture studio, including but not limited to any of the following:  Universal Pictures, Warner Brothers (including New Line Cinema, Castle Rock Cinema and Turner Production Company), Paramount, 20th Century Fox, Columbia/TriStar, Disney, MGM-United Artists, or any successor-in-interest to any of the foregoing major motion picture studios.

 

               5-20.3                                   Permit Required.

    a.     No person or organization shall film or permit filming on public or private property within the Borough of Point Pleasant Beach without first having completed an application and obtained a permit from the administrator, which will be issued at the Office of the Administrator, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey  08742, or other designated location. The permit shall, whenever possible, set forth the approved location of such filming, the approved duration of such filming by specific reference to day or dates and all conditions placed upon the permitted activities.  Said permit must be readily available for inspection, by city officials at all times at the site of the filming.

    b.     All permits shall be applied for and obtained from the administrator or designee at the office of the administrator or other designated location during normal business hours. All applications for such permits shall be accompanied by a permit fee in the amount established by this chapter.

   c.    If a permit is issued and due to inclement weather or other good cause, filming does not in fact take place on the dates specified, the mayor or his designee, at the request of the applicant, may issue a new permit for filming on other dates, subject to full compliance with all other provisions of this chapter.  No additional fee shall be paid for this permit.

 

               5-20.4                                   Applications for Permit.

    Applications shall be obtained from and submitted to the administrator or his designee in person at the office of the administrator or other designated location or by mail and must contain at least the following information:

        1.     The name, address and telephone number of the applicant. The applicant is the person or entity seeking a film permit.

        2.     The name, address and telephone number of the individual submitting an application for a film permit on behalf of the applicant and his/her relationship to the applicant.

        3.     The location of the property where filming is to take place.

        4.     Whether the individual submitting the application is owner or tenant in possession of the property.

        5.     The name and address of the owner of the property if the individual submitting the application is not the owner.

        6.     Written consent from the owner if the individual submitting the application is not the owner.

        7.     The date(s) and hour(s) filming are to take place.

        8.     The dates within the previous 12 months that any filming, as described in subsection 5-20.2 above, was conducted at this location.

        9.     A signed statement that the applicant affirms, under penalty of perjury, that all statements contained in the application are true.

 

               5-20.5                                   Rules and Regulations.

    a.     No permits shall be issued by the administrator unless applied for at least seven days before the requested shooting date; provided, however, that the administrator or his designee may waive the seven day period, if in his/her judgment, the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified.

    b.     No permit shall be issued for filming upon public lands, unless the applicant provides the Borough of Point Pleasant Beach with the following:

        1.     A certificate of insurance naming the Borough of Point Pleasant Beach as an Additional Insured and providing coverage as follows:

    (a)     For bodily injury to any one (1) person in the amount of at least one million ($1,000,000.00) dollars and any occurrence in the aggregate amount of at least one million ($1,000,000.00) dollars.

    (b)     For property damage, each occurrence in the aggregate amount of at least one million ($1,000,000.00) dollars.

    (c)     Workers' compensation insurance in at least an amount equal to the statutory limits required by the State of New Jersey.

        2.     An agreement in writing whereby the applicant agrees to indemnify and save harmless the Borough of Point Pleasant Beach from any and all liability, expense, claim or damage resulting from the use of public lands and private property, including but not limited to the boroughs issuance of a permit to film pursuant to this chapter.

        3.     In the case of a permit to film on private property, the applicant must provide a certificate of insurance pursuant to the preceding paragraph b,1, in at least the amounts stated in the paragraphs b,1(a), (b) and (c), that also name the property owner as an additional insured.

        4.     The hiring of Borough of Point Pleasant Beach police officers, firefighters and emergency medical technicians (EMT) for the times indicated on the permit, when deemed necessary by the administrator in consultation with the police chief or his designee.

        5.     The posting of a security deposit of at least one thousand ($1,000.00) dollars cash or certified check or a maintenance bond of at least two thousand ($2,000.00) dollars running in favor of the Borough of Point Pleasant Beach and protecting and insuring that the location utilized will be after filming, in a satisfactory condition, free of debris, rubbish and equipment, and that due observation of all city ordinances, laws and regulations will be followed. Within seven days of the completion of the filming, the borough will return the bond if there has been no damage to public property or public expense caused by the filming. The administrator may increase the amount of security deposit or bond if deemed necessary.

    c.     The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Borough of Point Pleasant Beach Police Department or other department or agency with respect thereto.

    d.     The holder of a permit shall conduct filming in such a manner so as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent practicable, abate noise and park vehicles associated with such filming off the public streets.  The holder shall avoid any interference with previously scheduled activities or with normal activity on such public lands.

    e.     Where the applicants production activity, by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents, the applicant shall give these parties written notice of the filming at least seven days prior to the requested shooting dates(s).  Such written notice shall inform the affected parties that objections may be filed with the administrator.  All objections will form a part of the applicants application and be considered in the review of same.

    Production activity is deemed to directly involve and/or affect a business or merchant, when such production activity is likely to have a negative pecuniary affect on the business in that it will impede the flow of pedestrian traffic on the borough block on which the business premises is located, prevent persons from parking on the street adjacent to the borough block on which the business premises is located, provided such parking is otherwise permitted by law, or in any way obstruct, interrupt or prevent access to and from the business premises by persons on foot or in a motor vehicle.

    Production activity is deemed to directly involve and/or affect a resident, when such production activity shall interfere with the residents right of quiet enjoyment to the property.

    Affected businesses, merchants and residents are all those businesses, merchants and residents whose premises are located on the borough block(s) encompassing the area(s) for which the applicant seeks a permit to film. A borough block consists of the linear area located between the cross-streets found at either end of the linear area.  The area of affected businesses and merchants may be expanded by the administrator in consultation with the police chief or his designee if he/she should determine that the production activity is likely to affect businesses merchants and/or residents located in a larger area than the area provided for pursuant to this paragraph.

    f.      The administrator will make every effort to work with residents to minimize the inconvenience caused by filming in residential areas and will require the applicant to give affected residents at least seven days notice of parking restrictions, night shooting or other inconveniences. All filming must be completed within one-half hour after sunset. Any night shooting must be approved by the administrator or his designee. Night shooting is defined as all filming occurring in residential (RR-1, RR-2, RR-3, LR, SF-5, HR zone) neighborhoods one-half hour after  sunset.

    g.     The administrator may refuse to issue a permit whenever he/she determines, on the basis of objective facts and after a review of the application and a report thereon by the police department and/or by other borough agencies involved with the proposed filming site, that filming at the location and/or the time set forth in the application would violate any law or ordinance or would unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the publics health, safety or welfare. Further, the city reserves the right to require on-site Borough of Point Pleasant Beach police officers to act as patrolmen in situations where the proposed productions may impede the proper flow of traffic, the cost of said police officers to be borne by the applicant as a cost of production.  Where existing electrical power lines are to be utilized by the production, an on-site licensed electrician may be similarly required, at the cost of the applicant, if the production company does not have a licensed electrician on staff.  Likewise, other borough personnel can be required on-site, at the cost of the applicant, should it be determined that such supervision is necessary to the health, safety and welfare of the citizens of the Borough of Point Pleasant Beach.

    h.     Copies of the permit application will be sent to the police, fire, building and health departments for review prior to the issuance of a permit. The applicant shall permit the police department, fire prevention bureau or other borough inspectors to inspect the site and the equipment to be used. The applicant shall follow all safety instructions issued by the police department, fire prevention bureau or other borough inspectors. The administrator shall not issue a permit prior to receiving objections, conditions or approvals communicated by the police, fire, building and/or health departments. 

    i.      Any persons aggrieved by a decision of the borough administrator denying or revoking a permit or a person requesting relief pursuant to subsection 5-20.4 may appeal to the borough council.  A written notice of appeal setting forth the reasons for the appeal shall be filed with the  administrator. An appeal from the decision of the administrator shall be filed within ten days of the administrators decision. The council shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed. The decision of the council shall be in the form of a resolution. A resolution supporting the decision of the council shall be adopted at the first regularly scheduled public meeting of the council after the hearing on the appeal unless the appellant agrees, in writing, to a later date for the decision. The administrators decision shall be deemed to be reversed and a permit shall be issued in conformity with the application of the relief pursuant to subsection 5-20.4.

    j.      The borough council may authorize a waiver of any of the requirements or limitations of this section whenever it determines  that strict compliance with such limitations will pose an unreasonable burden upon the applicant and that a permit may be issued without endangering the publics health, safety and welfare.

    k.     In addition to any other fees or costs mentioned in this section, the applicant shall reimburse the borough for any costs or lost revenue, repairs to public property, or other revenues that the borough was prevented from earning because of the filming.

 

               5-20.6                                   Fees.

    The schedule of fees for the issuance of permits, authorized by this chapter, are as follows:

    a.     A daily filming permit of (i) one thousand ($1,000.00) dollars per day for applicants filming a major motion picture having a budget of five million ($5,000,000.00) dollars or more, (ii) five hundred ($500.00) dollars per day for applicants filming a motion picture having a budget of more than one million ($1,000,000.00) dollars but less than five million ($5,000,000.00) dollars, or one hundred fifty ($150.00) dollars per day for all other applicants except nonprofit organizations filming exclusively for educational purposes, which organizations shall be required to pay daily filming permit fee of twenty-five ($25.00) dollars per day.

   b.    Additional fee for filming in public buildings, public parks or other public facilities for nonprofit applicants or educational filming purposes: None.

    c.     Filming on private property: None.

 

               5-20.7                                   Applicability of Other Ordinances and Regulations.

    a.     Nothing in this section shall be construed to impair or limit in any way any other power of the Borough of Point Pleasant Beach to define and declare nuisances and to cause their removal or abatement.

    b.     Nothing in this section shall be construed to abrogate or impair the power of the Borough of Point Pleasant Beach or any officer or department to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred upon the borough by any other law or ordinance.

 

               5-20.8                                   Severability.

    If any sentence, subsection, clause or other portion of this section or the application thereof to any person or circumstance shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or repeal the remainder of this section.

 

5-20.9    Violations and Penalties.

    Any person violating this section, the rules and regulations contained herein and/or the conditions imposed on any permit issued pursuant to this section, shall  be subject to a fine not to exceed one thousand two hundred ($1,200.00) dollars per violation or imprisonment for a term not to exceed 90 days or both.  A separate offense shall be deemed committed on every day on which a violation occurs or continues.

 

 

5-21     Bingo and Raffle Licensing.

 

               5-21.1                                   Issuing Authority.

    The municipal clerk is hereby delegated the authority to act as the issuing authority to approve the granting of raffle and bingo licenses.

 

 

5-22     Roadway Charitable Solicitation

 

               5-22.1                                   Definitions.

    The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:

    Authorized charitable organization shall mean the public schools, public school organizations, including but not limited to the Parent-Teacher Organizations, Music Parents Association and Garnet Gull Booster Association, the Point Pleasant Beach Little League and the Point Pleasant Beach volunteer First Aid Squad and Fire Companies.

    Charitable solicitation permit shall mean a permit issued by the Department pursuant N.J.A.C. 16:401.1 et seq.

    Department shall mean the State Department of Transportation.

    Highway shall mean the public right-of-way whether open or improved or not, including all existing factors or improvements.

    Right-of-way shall mean State highway property and property rights, including easements, owned and controlled by the Department.

    Roadway solicitation permit shall mean the permit issued by the Borough of Point Pleasant Beach pursuant to this section.

    Shoulder shall mean the portion of the roadway that lies between the edge of the traveled way and curbline, excluding auxiliary lanes.

    State highway shall mean a road owned, taken over, controlled, built, maintained, or otherwise under the jurisdiction of the Department.

    Traveled way shall mean the portion of the roadway provided for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

 

               5-22.2                                   Authorization.

    a.     Pursuant to N.J.S.A. 39:4-60 and N.J.A.C. 16:40-1.1, authorized charitable organizations are hereby permitted to solicit contributions in the right-of-way of a highway located within the borough, subject to the provisions and restrictions contained in this section.

    b.     The within authorization is subject to the regulations promulgated by the Department in consultation with the Division of Highway Traffic Safety, as set forth in N.J.A.C. 16:40-1.1 to 11.1.

    c.     Under no circumstances may an authorized charitable organization conduct a roadway charitable solicitation without first having obtained a permit from the chief of police.

 

               5-22.3                                   Permits.

    a.     An authorized charitable organization seeking issuance of a roadway solicitation permit shall file an application with the chief of police on forms provided by the chief of police.

        1.     An application for a roadway solicitation permit shall be filed with the chief of police not less than seven days before the date upon which it is proposed to conduct such roadway solicitation.

        2.     Contents of roadway solicitation permit. The application for a roadway solicitation permit shall set forth the following information:

    (a)     Name, address and telephone number of the authorized charitable organization seeking to conduct a roadway charitable solicitation.

    (b)     Date and times upon which roadway solicitation is proposed.

    (c)     Method of roadway charitable solicitation (i.e., coin toss using blankets).

    (d)     Specific location or locations of proposed roadway charitable solicitation.

    (e)     Contact person for the authorized charitable organization.

    (f)      Names of the persons (solicitors) conducting the roadway charitable solicitations on behalf of the authorized charitable organization at each proposed location.

    (g)     Any additional information which the chief of police shall find reasonably necessary for the fair determination as to whether a permit should be issued.

    b.     If the proposed roadway charitable solicitation is to be conducted upon any county highway or intersection, the authorized charitable organization must submit evidence of approval by the Ocean County Board of Freeholders pursuant to N.J.S.A. 39:4-60.

    c.     If the proposed charitable solicitation is to be conducted upon any State highway or intersection, the authorized charitable organization must submit evidence of approval in the form of a charitable solicitation permit received from the Department under N.J.A.C. 16:40-1.1 et seq.

        1.     The chief of police is hereby authorized to sign the charitable solicitation permit on behalf of the Borough.

        2.     The chief of police has been consulted and shall be responsible for supervising the solicitation and enforcing the terms of the charitable solicitation permit.

        3.     The roadway solicitation permit issued by the borough and the charitable solicitation permit issued by the Department shall be in the possession of the solicitor for the authorized charitable organization during all times of solicitation and be available for inspection by the State, county and Point Pleasant Beach police enforcement personnel.

 

               5-22.4                                   General Restrictions and Provisions.

    a.     Solicitation of contributions is prohibited along traffic circles or highway segments determined to be inappropriate in the interest of public safety.

    b.     Solicitation is permitted only at signalized intersections or when the existing traffic control device causes temporary interruption in the flow of normal traffic, such as at the opening of a movable bridge.

    c.     Borough police may suspend solicitation operations at any time if any condition of either permit is violated or if, in a police officer's sole discretion, traffic is being impeded or delayed or the public safety is at risk.

    d.     Solicitation shall be subject to the specific terms and conditions of each permit granted.

    e.     Solicitation shall not stop traffic or impede the flow of traffic. Traffic shall already be stopped before solicitation may occur and shall cease while traffic is moving. Use of a flagperson shall be prohibited.

    f.      The authorized charitable organization shall be responsible for cleaning up any debris from the roadway.

    g.     Solicitation shall only be permitted during daylight hours.

    h.     Solicitors shall not drink alcoholic beverages, use drugs, or be under the influence of drugs or alcohol when soliciting. Solicitors shall not harass the public.

    i.      Each person soliciting charitable contributions on behalf of the authorized charitable organization shall be at least 18 years of age.

 

               5-22.5                                   Safety Criteria.

    a.     All solicitors shall wear safety vests that are in accordance with Department standards.

    b.     Parking of vehicles shall comply with applicable traffic regulations. Off-site parking is recommended.

    c.     Coin tosses using blankets located off the traveled way are the preferred method of solicitation.

    d.     The solicitors shall not install any traffic control devices.

 

               5-22.6                                   Signage Requirements.

    a.     Signs advertising the roadway solicitation are permitted but they must be of temporary construction and break-away to the extent possible.

    b.     Signage shall be a maximum of 16 square feet.

    c.     Signage shall be in accordance with the temporary signage standards contained in the Manual on Uniform Traffic Control Devices.

    d.     At least two warning signs shall be placed as follows:

        1.     CHARITABLE SOLICITATION 500 FEET AHEAD"; and

2.     A second sign following identifying the name of the organization soliciting.

    e.     Signs shall not be permitted in the traveled way or medians less than eight feet in width.

    f.      All signs warning, noticing or advertising solicitations shall be removed immediately following the solicitation event.

 

               5-22.7                                   Violations.

    Any person guilty of violating a provision of this section shall be liable for a fine not to exceed one hundred ($100.000) dollars per each day of such violation.

 

 

5-23     Pet Stores.

 

               5-23.1                                   Definitions.

Legally existing nonconforming use shall mean any pet store or pet store operator that displayed, sold, delivered, offered for sale, or otherwise disposed of cats or dogs in the Borough of Point Pleasant Beach prior to October 12, 2012.

Pet Store shall mean a retail establishment open to the public and engaging in the business of selling animals at retail. Any person who sells, exchanges, or otherwise transfers only animals that were bred or raised, or both, by the person, or sells or otherwise transfers only animals kept primarily for reproduction, shall be considered a breeder and not a pet store.

Pet Store Operator shall mean a person who owns or operates a pet store, or both. 

 

               5-23.2                                   Sales Prohibitions.

    No pet store operator or pet store shall sell, deliver, offer for sale, barter, auction or otherwise improperly dispose of cats, dogs or other mammals, other than hamsters, guinea pigs, mice, rabbits, gerbils, rats and ferrets in the Borough of Point Pleasant Beach.  This section shall not apply to legally existing nonconforming uses or to the adoption of cats or dogs, or both.  Nothing contained herein shall prohibit a shelter, pound or other establishment from keeping, displaying, selling or otherwise transferring any cat or dog, or both, that has been seized, rescued or donated.

 

               5-23.3                                   Violations and Penalties.

    a.     Any person who violates, fails or refuses to comply with any one or more provisions of subsection 5-23.2 shall be subject to a fine of not more than two thousand ($2,000.00) dollars for each separate offense or confinement in the Ocean County Jail for a period of not more than 90 days or community service for a period of not more than 90 days or any combination of fine, imprisonment and/or community service as determined at the discretion of the municipal court judge.  The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be subject to penalties as provided herein for each separate offense.

    b.     The violation of any one or more provision of subsection 5-23.2 shall be subject to abatement, summarily by a restraining order or by injunction issued by a court of competent jurisdiction.

 

 

5-24   Dealers in Precious Metals and Other Secondhand Goods.

 

            5-24.1                          Purpose and Intent.

   The purpose and intent of this section is to assist law enforcement officials and victims of crime in recovering stolen precious metals and other secondhand goods by requiring minimum identification, reporting, and maintenance and distribution criteria for licensed dealers in these goods.

   No person shall use, exercise, or carry on the business, trade, or occupation of the buying, selling, or pawning of precious metals or other secondhand goods without complying with the requirements of this section in the exact manner described herein.

(Ord. No. 2014-25)

 

            5-24.2                          Definitions.

   Acceptable Identification shall mean a current valid New Jersey Drivers License or Identification Card, a current valid photo drivers license issued by another US state, a valid United States Passport, or other verifiable US Government issued identification, which will be recorded on the receipt retained by the dealer and subsequently forwarded to the local police department on request.

   Borough Clerk shall mean the statutory officer whose duties are defined in N.J.S.A. 40A:9-133. 

   Dealer shall mean any person, partnership, limited liability company, corporation, or other entity who, either wholly or in part, engages in or operates any of the following trades or businesses: the buying for purposes of resale of precious metals, jewelry, or other secondhand goods as defined herein; pawnbrokers as defined herein; itinerant businesses as defined herein. For the purposes of this ordinance, transient buyers, as defined herein, are subject to the same licensing and reporting requirements as any other dealers.

   Itinerant business shall mean a dealer who conducts business intermittently within the municipality or at varying locations.

   Pawnbroker shall mean any person, partnership, association or corporation: lending money on deposit or pledge of personal property, other than choses in action, securities, or printed evidences of indebtedness; purchasing personal property on condition of selling it back at a stipulated price; or doing business as furniture storage warehousemen and lending money on goods, wares or merchandise pledged or deposited as collateral security.

   Precious metals shall mean gold, silver, platinum, palladium, and their alloys as defined in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.

   Public shall mean individuals and retail sellers, not to include wholesale transactions or transactions between other merchants.

   Reportable transaction shall mean every transaction conducted between a dealer and a member of the public in which precious metals, jewelry, or any other secondhand goods as defined herein are purchased or pawned.

   Secondhand goods shall mean used goods such as antiques, gold, silver, platinum, or other precious metals, jewelry, coins, gemstones, gift cards, any tools, telephones, typewriters, word processors, GPS devices, computers, computer hardware and software, television sets, radios, record or stereo sets, electronic devices, musical instruments, sporting goods, automotive equipment, collectibles, game cartridges, DVDs, CDs, and other electronically recorded material, firearms, cameras and camera equipment, video equipment, furniture, clothing, and other valuable articles. For the purposes of this section, secondhand goods shall not include goods transacted in the following manner: i) judicial sales or sales by executors or administrators; ii) occasional or auction sales of household goods sold from private homes; iii) auctions of real estate; iv) the occasional sale, purchase, or exchange of coins or stamps by a person at his permanent residence or in any municipally owned building who is engaged in the hobby of collecting coins or stamps and who does not solicit the sale, purchase, or exchange of such coins or stamps to or from the general public by billboard, sign, handbill, newspaper, magazine, radio, television, or other form of printed or electronic advertising.

   Seller shall mean a member of the public who sells or pawns used goods such as precious metal, jewelry, or other secondhand goods to a dealer.

   Transient buyer shall mean a dealer, as defined herein, who has not been in a registered retail business continuously for at least six (6) months at any address in the municipality where the dealer is required to register or who intends to close out or discontinue all retail business within six (6) months.

(Ord. No. 2014-25)

 

            5-24.3                          License Requirement for Dealers.

   No person, partnership, limited liability company, corporation, or other entity shall engage in the business of buying, selling, or pawning of precious metals or other secondhand goods, as defined above, within the jurisdiction of the municipality, without having first obtained a license therefor from the Borough Clerk, which license shall bear a number issued by the Borough Clerk. The application for a license to the Borough Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in subsection 5-24.2 above are being bought in any location within the municipality shall constitute engaging in business as a dealer of secondhand goods for purposes of this section. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this section and shall be subject to the penalties established in subsection 5-24.9. (Ord. No. 2014-25)

 

            5-24.4                          Application Process for Dealers; Approval or Denial.

   a.   Upon receipt of an application completed pursuant to this section, the Borough Clerk shall refer such application to the Chief of Police, who shall make an investigation of the prospective licensee, pursuant to this section for the purpose of determining the suitability of the applicant for licensing. The investigation shall include, but shall not be limited to the following:

      1.   The experience of the applicant in the business of purchase and sale of those articles or goods referred to in subsection 5-24.2 above, although nothing in this section shall be construed to warrant denial of a license solely on the basis of lack of experience;

      2.   The reputation of the applicant for fair dealing in the community, which shall be made among credible sources, which sources shall be disclosed to the applicant in the event of a denial of any license;

      3.   Any criminal record of the applicant including any past convictions for any crime(s), disorderly persons offense(s), or municipal ordinance violation(s) within this or any other jurisdiction. The Chief of Police may, as part of the application process, require a fingerprint criminal background check through the Federal Bureau of Investigation, Criminal Justice Information Services Division, which may require an additional fee from the applicant.

      4.   The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious metal or other secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business, however applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by subsection 5-24.6d. of this section will be stored as well as the location where purchased goods will be retained during the mandatory inspection period required under subsection 5-24.6a.

   b.   The Chief of Police shall complete any investigation pursuant to this section within thirty (30) days of the submission of the application to the Borough Clerk, fully completed by the applicant. If a criminal record check has been requested within the thirty-day period and has not been received by the Chief of Police within that period, the Chief of Police may, if all other factors are satisfactory, recommend a conditional issuance of the license subject to the finding regarding criminal record.

   c.    The Chief of Police shall, upon completion of the investigation, recommend grant or denial of the license to the Borough Clerk, who shall grant or deny the license. Any recommendation of the Chief of Police shall be in writing and, in the case of a recommendation of denial, shall state fully and specifically the reasons for said recommendation. If the Borough Clerk accepts the recommendation of the Chief of Police to deny any license, the applicant shall be notified in writing within ten (10) days of such denial and the Clerk shall forward to the applicant a statement of the reason or reasons for such denial.

   d.   Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in subsection 5-24.5, the retention and inspection requirements of subsection 5-24.6, or any other portion of this section. Upon receipt of the recommendation of the Chief of Police, the Borough Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by subsection 5-24.8 of this section.

   e.   Whenever any application for a permit is denied, the applicant shall be entitled to a hearing before a three-person panel appointed by the Chief of Police, at which time the applicant shall be permitted to introduce such evidence as may be deemed relevant to such denial. Any applicant exercising the right to appeal must file a written notice of appeal within ten (10) days of receiving written notice of denial of a license to act as a dealer of secondhand goods.

   f.    No license shall be assignable by the dealer.

(Ord. No. 2014-25)

 

            5-24.5                          Identification of Seller; Recordkeeping Requirements for Dealers.

   For every reportable transaction between a dealer and the public, the dealer shall be required to do as follows:

   a.   Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in subsection 5-24.2.

   b.   Require each seller to execute a Declaration of Ownership, which shall contain the following certification: My signature confirms that I am the sole legal owner of and am legally authorized to sell the goods being sold. By signing below I certify that I did not obtain and do not possess the identified goods through unlawful means. I am the full age of eighteen years and the identification presented is valid and correct.

   c.    Record and issue to each person selling or pawning such goods on a sequentially numbered receipt:

      1.   The name, address, and telephone number of the purchaser, including the clerk or employee of the licensee making the purchase;

      2.   The name, address, date of birth, and telephone number of the seller or sellers;

      3.   A photographed recording of the seller in a format acceptable to the Chief of Police, along with a physical description of the seller, including height and weight (approximate), hair color, eye color, facial hair, if any, etc.;

      4.   A photographed recording of the sellers presented acceptable identification, as set forth in subsection 5-24.2, in a format acceptable by the Chief of Police;

      5.   A photographed recording of all items sold in a format acceptable by the Chief of Police. When photographing, all items must be positioned in a manner that makes them readily and easily identifiable. Items should not be grouped together when photographing or imaging. Each item should have its own photograph;

      6.   The receipt number;

      7.   A detailed, legible description of the item(s) and the manufacturer and model of the item(s) if known; in the case of jewelry, the descriptions must include style, length, color, design, and stones, if any; any identifying marks, including numbers, dates, sizes, shapes, initials, names, monograms, social security numbers engraved thereon, serial numbers, series numbers, or any other information, which sets apart the particular object from others of like kind;

      8.   The price paid for the purchase or pawn of the item(s);

      9.   If precious metals, the net weight in terms of pounds Troy, pennyweight (Troy) or kilograms/grams; fineness in terms of karats for gold, and sterling or coin for silver, in accordance with N.J.S.A. 51:5-1, N.J.S.A. 51:6-1 et seq.

      10.  The time and date of the transaction.

   d.   The information outlined in paragraph c. above, must additionally be electronically documented through the use of an electronic database system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this section (this Section 5-24 was adopted December 16, 2014.) and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized police officer or any sworn law enforcement officer acting in the performance of their duty as set forth in paragraph f. below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase or receipt of property for pawn or consignment. The information entered must contain all pertinent information outlined in paragraph c. above.

   e.   In the event of a database failure, or dealers computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within twenty-four (24) hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in paragraph c. above into the database as soon as possible upon the dealers equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this chapter and subsequently being subject to the penalties for doing so including revocation of the dealers license as described in subsection 5-24.6.

   f.    It shall be the requisite duty of every dealer, and of every person in the dealers employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of precious metals or other secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in subsection 5-24.6. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where these records and articles will be stored.

(Ord. No. 2014-25)

 

            5-24.6                          Retention; Revocation; Other Restrictions.

   a.   All precious metals and other secondhand goods purchased, received for pawn, or received for consignment as described above, are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least seven (7) calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in subsection 5-24.5 except for jewelry, which must be maintained for at least ten (10) business days or for the statutory period provided in N.J.S.A 2C:21-36(d). All precious metal or other secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the seven-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are being held.

   b.   Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by subsection 5-24.5b. upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the victim of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.

   c.    If market conditions would create a hardship on the dealer by holding precious metals or other secondhand goods for such period, the dealer may present the property to the Chief of Police in order that it may be photographed and, if deemed necessary by the Chief of Police, an investigation may be implemented. The Chief of Police shall have the authority to grant the dealer a waiver of the requirement under this section.

   d.   In addition to all other reporting requirements, every dealer shall maintain for at least five years, a written record of all purchases of precious metals and other secondhand goods in the form prescribed in subsection 5-24.5c.

   e.   No dealer shall purchase any item covered by this section from any person under the age of 18 or in the absence of providing prior notification of such purchase to the Chief of Police or business designee identifying the individual from whom such purchase is to be made and the item to be purchased.

   f.    Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealers license and rights to operate there under. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to subsection 5-24.9 of this section.

      1.   Grounds for Suspension. The following shall constitute grounds for suspension: violation of any provisions of this section, including failure to comply with any training or fees associated with the electronic database software system in use by the municipality; violation of any other statute, regulation, or local ordinance; or any other illegal, improper, or fraudulent activity.

      2.   Procedure for Suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police or a designee thereof shall issue a written notice of suspension of license to the offending dealer and to the Borough Clerk, which shall set forth the grounds for the suspension and notify the dealer of his or her right to appeal pursuant to paragraph h. A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease engaging in the business of purchasing for resale, receiving for pawn, and/or selling of precious metals and/or other secondhand goods in the municipality until reinstatement.

      3.   Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or the Chiefs designee, been cured, corrected, or appropriately rectified; or if reinstatement is deemed appropriate by the three-person panel appointed by the Chief of Police, upon the timely filing of an appeal as provided in paragraph h.

   g.   Revocation. A license issued under this section may be revoked by the Borough Clerk upon written recommendation from the Chief of Police or the Chiefs designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this section. This penalty shall be in addition to any fines and penalties the dealer may incur under subsection 5-24.9.

      1.   Grounds for Revocation. The following shall constitute grounds for revocation: a third violation under this section; a second violation under this section less than one year after an earlier violation under this chapter; conviction for a criminal offense within this or any jurisdiction; or multiple violations of any other regulations or local ordinances within this or any jurisdiction.

      2.   Procedure for Revocation. Upon a determination that appropriate grounds exist and that a revocation is warranted, the Chief of Police of the Chiefs designee shall so report to the Borough Clerk in writing. A temporary suspension will immediately and automatically issue, if one is not already in effect, pending the outcome of the charge. A three-person panel, appointed by the Chief of Police, shall review the stated grounds for revocation and the panel shall issue an appropriate disposition of either suspension, revocation, or reinstatement. If the panel determines that revocation is the appropriate disposition, it shall set forth the grounds for the same in writing in the form of a notice of revocation, which shall be provided to the dealer. The notice shall advise the dealer of the right to appeal. If the panel determines that suspension is the appropriate disposition, it shall provide the dealer with a notice of suspension that shall advise the dealer of the right to appeal. Following revocation, the dealer must relinquish his or her license and must immediately and indefinitely cease operating as a dealer of precious metals or other secondhand goods within the municipality.

   h.   Appeal. Any applicant wishing to appeal an issuance of a suspension or revocation shall be entitled to a hearing before a three-person panel, appointed by the Chief of Police, at which time the applicant shall be permitted to introduce such evidence as may be deemed relevant to such suspension or revocation. Any applicant exercising the right to appeal must file a written notice of appeal within ten (10) days of receiving written notice of revocation or suspension of license.

   i.    A dealer shall have the right to change the location of the licensed business, provided that he or she notifies the Borough Clerk, in writing, of the street address of said new location.

(Ord. No. 2014-25)

 

            5-24.7                          Bond.

   Each dealer covered under this section shall deliver a bond to the Borough Clerk executed by the applicant as principal and executed by a surety company authorized to do business under the laws of the State of New Jersey as surety. The bond shall be subject to review and approval by the Borough Attorney, and shall be in the penal sum of $10,000.00, conditioned for the due and proper observance of and compliance with the provisions and requirements of all ordinances of the municipality in force or which may be adopted respecting the conduct of this business and conditioned also that the bond shall be and remain for the benefit of any person or persons who shall have received judgment against the dealer licensed under this chapter, which damage shall be established by a judgment of a court of proper jurisdiction. Said bond shall contain the following language: The obligation of this bond shall, in addition to the [party municipality], be and remain for the benefit of any person who shall obtain a judgment against obligor as a result of damage sustained in operation pursuant to any license granted under this chapter. Said bond shall be kept for a minimum of one year from the date of issuance of license and must be renewed annually along with the license. (Ord. No. 2014-25)

 

            5-24.8                          Fees; Period of License Validity.

   A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this section, is $300. The annual renewal fee for a license is $250. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by subsection 5-24.5d. of this section. Payments are to be made in the manner directed by the Borough Clerk. A license is valid for a one-year period from the date of its issuance. (Ord. No. 2014-25)

 

            5-24.9                          Violations and Penalties.

   Violation of any provision of this section by any dealer shall, upon conviction thereof, be punished by a fine not exceeding $2,000, or by a term of imprisonment or a period of community service not exceeding ninety (90) days, in addition to a suspension or revocation of operating license as provided in subsection 5-24.6f. and g. above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in subsection 5-24.6g. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section. (Ord. No. 2014-25)

 

                  5-24.10                  Time Limit for Conformance; Repealer; Severability.

   a.   Any person, partnership, limited liability company, corporation, or other entity engaging in the business of a pawnbroker, or a dealer in precious metals or other secondhand goods shall conform to the provisions of this section within ninety (90) days following the effective date of this section. (Editor's Note: Section 5-24 was adopted December 16, 2014 by Ord. No. 2014-25.)

   b.   Nothing contained in this section is intended to replace any pre-existing statutory requirements governing pawnbrokers, as in N.J.S.A. 45:22-1 et seq., the sale of precious metals as in N.J.S.A. 51:6A-1 et seq., the sale of secondhand jewelry as in N.J.S.A. 2C:21-36 et seq., or any other statutory provision regarding any subject matter discussed herein.

(Ord. No. 2014-25)

 

 

5-25     Shop Local Rewards Program.

 

    There shall be a new section added to Chapter V entitled Licensing General as follows:

    a.     License Required. Any vendor who offers reward programs which includes the payment of taxes for Point Pleasant Beach taxpayers who shop at participating Point Pleasant Beach-based businesses shall before implementing such a program obtain a license as provided for in this section.

    b.     Administration. The program shall be administered solely by the vendor who shall undertake to register interested taxpayers and Point Pleasant Beach-based businesses.

    c.     Fee; Required Information. The vendor shall pay to the Borough a license fee in the amount of twenty-five ($25.00) dollars yearly and shall submit to the Borough Business Administrator all information necessary as may be reasonably required in order to determine the truth or validity of the statements contained in the application.

    d.     Conditions. The Borough shall establish the necessary reporting requirement for any payment of taxes made to the Borough by the vendor. The Borough shall not be responsible for any impact of program participation on mortgage escrow calculations. The Borough shall not be responsible for any changes in property ownership.

(Ord. No. 2015-09)

 

 

CHAPTER V LICENSES-GENERAL
Published by ClerkBase
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