[HISTORY: Adopted by the Borough Council of the Borough of Seaside
Heights 2-19-1997 by Ord. No. 97-1. Amendments noted where applicable.]
The Borough Council of the Borough of Seaside Heights does hereby authorize
no more than five boardwalk car raffle license locations along the oceanfront
boardwalk owned by the Borough of Seaside Heights. A maximum of five locations
are being authorized due to the fact that five locations currently exist for
car raffle locations.
[Amended 4-16-2003 by Ord. No. 03-11]
The lease of boardwalk car raffle locations is limited to a nonprofit
corporation or association for a public purpose. In order to qualify to lease
a boardwalk car raffle location, a corporation or association must comply
with all the requirements set forth in N.J.S.A. 40A:12-14. In addition, the
nonprofit corporation or association must have its primary office, headquarters
or meeting place in the Borough of Seaside Heights. A public safety corporation
or association, such as a volunteer first-aid service, is exempt from maintaining
its primary office, headquarters or meeting place in the Borough of Seaside
Heights providing Seaside Heights is serviced by the organization 12 months
per year and the Borough of Seaside Heights appropriates funds to the organization
in its yearly budget. In the event the number of qualifying corporations or
associations seeking a boardwalk car raffle location exceeds the number of
locations available for lease, the governing body shall, within its sole judgment
and discretion, determine which nonprofit corporations or associations provide
the greatest benefit to the residents of the Borough of Seaside Heights, and
such corporation or association shall be provided with the lease for the available
boardwalk car raffle location, subject to the provisions of this chapter and
N.J.S.A. 40A:12-14.
Any nonprofit corporation or association which is granted a boardwalk
car raffle location by the governing body shall enter into a lease agreement
with the Borough of Seaside Heights and shall fully comply with all terms
and conditions as set forth in said lease agreement. Failure of the nonprofit
corporation or association to comply with the lease terms and conditions can
result in the termination of the lease agreement by the Borough Council of
the Borough of Seaside Heights and revocation of the boardwalk car raffle
location assigned to that organization.
[Amended 4-16-2003 by Ord. No. 03-11]
In order to award a nonprofit corporation or association a boardwalk
car raffle location, the governing body shall enact an ordinance in accordance
with the requirements of N.J.S.A. 40A:12-14(c), and the nonprofit corporation
or association will be required to execute a lease agreement with the Borough
of Seaside Heights.
The Borough Clerk for the Borough of Seaside Heights shall keep on file
a list of all boardwalk car raffle locations authorized by the governing body
of the Borough of Seaside Heights, together with the name, address and telephone
number of the nonprofit corporation or association having exclusive use of
that location.
Any nonprofit corporation or association leasing a boardwalk car raffle
location from the Borough of Seaside Heights shall be required to provide
the Borough of Seaside Heights with an insurance certificate naming the Borough
of Seaside Heights as co-insured in an amount authorized by the governing
body of the Borough of Seaside Heights.
The nonprofit corporation or association leasing a boardwalk car raffle
location from the Borough of Seaside Heights shall be responsible to erect
and maintain a three-sided enclosure of sufficient size to accommodate the
automobile being raffled by said organization. The nonprofit corporation or
association shall be responsible to maintain the structure in a clean, presentable
condition and shall maintain the same free from any graffiti. The nonprofit
corporation or association shall also be responsible to provide telephone
service to the boardwalk car raffle location.
From July 1 until Labor Day of each year, the automobile being raffled
by the nonprofit corporation or association shall be located on the leased
premises from 12:00 noon until 11:00 p.m., Monday through Sunday, unless inclement
weather shall prohibit the display of the automobile by the nonprofit corporation
or association. At all times during which the automobile being raffled is
displayed by the nonprofit corporation or association at the boardwalk car
raffle location, a representative of the nonprofit corporation or association
shall be present. At no time shall the displayed automobile be left unattended
by the nonprofit corporation or association.
The nonprofit corporation or association shall be responsible to conduct
one community service project each year in consideration for the use of the
boardwalk car raffle location as provided for in the lease agreement. The
community service project shall be set forth on the nonprofit corporation's
or association's raffle permit application and shall state the nature of the
project and the time, place and date thereof. The governing body of the Borough
of Seaside Heights must approve and authorize the community service project
proposed by the nonprofit corporation or association. The community service
project shall be completed by the nonprofit corporation or association by
the end of the calendar year.
A.
Alterations. No alterations or modifications can be made
to the car raffle structure without the prior written authorization of the
governing body of the Borough of Seaside Heights.
B.
Signs. The signs designating the organization sponsoring
the raffle shall be no larger than 18 inches high by the width of the car
raffle stand. A sign identifying the car dealer who provided the car for the
raffle shall be no larger than two feet by eight feet. No other signs shall
be displayed by the lessee. No other signs shall be displayed by the lessee,
unless an approved alternative prize is offered for raffle, in which case,
a sign no larger than two feet by eight feet shall be permitted to identify
the approved alternative prize offered for raffle.
[Amended 4-16-2003 by Ord. No. 03-11]
[Added 4-16-2003 by Ord. No. 03-11[1]]
Notwithstanding the title of this chapter, any corporation or association which is granted a boardwalk car raffle location pursuant to a lease agreement executed pursuant to the provisions of this chapter and N.J.S.A. 40A:12-14 et seq. may, upon approval of the governing body, offer for raffle an alternative prize to that of an automobile. If an alternative prize is authorized to be raffled by such corporation or association, all provisions of this chapter applicable to automobiles shall apply to said alternative prize unless otherwise specified. Authorization of an alternative prize shall be at the discretion of the governing body. Any corporation or association offering a prize other than an automobile for raffle without prior approval of the governing body or not in compliance with any provision of this chapter shall be in violation of this chapter and subject to § 51-12 license revocation.
Any violation or failure to comply with a provision of this chapter
may result in a revocation of the license for the location being utilized
pursuant to this chapter.
