B.
The owner of the commercial cruise boat shall obtain a mercantile license from the Borough of Seaside Heights which shall be issued upon the submission of the information set forth herein, as well as the payment of the mercantile license fee set forth in Chapter 122. In order to obtain a mercantile license, the owner shall submit the following information:
(1)
Name and boat registration number for each boat that
may utilize the borough-owned dock facilities;
(2)
Proof of insurance with the borough being named as co-insured.
The amount of the insurance coverage shall be as set forth in the rules and
regulations for use of borough dock facilities as adopted by the Borough Council;
(3)
Execution of a hold harmless and indemnification agreement,
whereby the owner of the cruise boat service would hold the borough harmless
and indemnify the borough in regard to any and all claims as a result of the
utilization of the borough-owned dock facilities by the cruise boat service.
The indemnification shall cover the borough, not only for any liability it
incurs as a result of the use of the dock facilities by the cruise boat service,
but also shall indemnify the borough for any and all attorney's fees, costs
and expenses incurred in the defense of any claim against the borough as a
result of the use of the borough dock facilities by the commercial cruise
boat operation;
(4)
Certification by the owner of the commercial cruise boat
service that all boats designated in the application as being used in the
cruise boat service are in full compliance with all federal, state and local
laws and regulations concerning the utilization of the particular boat for
a cruise boat or jitney service.
The Borough Council shall adopt rules and regulations concerning the
use of borough dock facilities by commercial cruise boat services. The rules
and regulations shall be adopted by resolution of the Borough Council and
can be amended from time to time by resolution of the Borough Council.
