[HISTORY: Adopted by the Mayor and Borough Council of the
Borough of Seaside Park 12-15-1988 by Ord. No. 1052 (Ch. 43 of the 1970 Borough
Code). Amendments noted where applicable.]
No person, persons, partnership, association or corporation
shall engage in or carry on any business in the Borough of Seaside
Park, nor encourage and assist in the carrying on of any business,
unless a mercantile license as hereinafter provided for shall have
been first obtained.
An application for a mercantile license to conduct a business
shall be submitted, together with the appropriate fee, to the Borough
Clerk of the Borough of Seaside Park on forms provided for such purpose.
The application shall include the name of the person, persons, partnership,
association or corporation operating the business, the location of
said business, the nature of the business, the category of mercantile
license, the fee submitted and the signature and title of the person
submitting the application.
[Amended 4-24-2014 by Ord. No. 1651]
A.
The mercantile
license shall include the name of the person, persons, partnership,
association or corporation operating the business, the location of
said business, the nature of the business, the category of mercantile
license, the fee paid and the signature of the Borough Clerk.
B.
Year-round business deadline. Year-round businesses must have applied
for their mercantile license and completed the scheduled inspection
by February 28 to avoid a summons.
C.
Seasonal business deadline. Seasonal businesses must have applied
for their mercantile license and complete the scheduled inspection
within 30 days of opening for business to avoid a summons.
All mercantile licenses shall be issued on a calendar-year basis
and shall expire on December 31 of the year issued. All licenses shall
be prominently displayed within the licensed premises. No licenses
shall be assignable or transferable to any other person, persons,
partnership, association or corporation.
[Amended 12-16-1993 by Ord. No. 1155; 3-3-1994 by Ord. No. 1159; 11-19-2001 by Ord. No. 1285; 12-22-2004 by Ord. No. 1358]
A.
The following nonrefundable fees are payable without proration upon
submission of the application for a mercantile license.
B.
In the event two or more businesses are operated under the same ownership
and within the same building or structure, but are physically separated
by a door and can function independently, then a separate license
shall be required for each business at the full fees hereinafter set
forth.
C.
In the event two or more businesses are operated under the same ownership
and within the same building or structure, but are not physically
separated and do not function independently, then a separate license
shall be required for each business. However, the fee for said licenses
shall be determined as follows:
D.
The fees for each category of mercantile license shall be as follows:
(1)
Category No. 1: service establishments. The fee for a Category 1
license shall be $125 for each business. Businesses to be licensed
under this category include service stations; tailors; laundries;
dry cleaners; and laundromats.
[Amended 3-25-2010 by Ord. No. 1510]
(2)
Category No. 2: retail, wholesale, rental, and food establishments.
The fee for a Category 2 license shall be $125 for each business.
Businesses to be licensed under this category include: bait and tackle
shops; dry goods stores; drugstores; department stores; gift shops
and novelty stores; hardware stores; newsstands; photographers; print
shops; retail stores; new and used car lots; supermarkets; soft drink
bottlers; bicycle sales and/or rentals; boat sales and/or rentals;
appliance sales and/or rentals; bakeries; butcher shops; candy stores;
ice cream and frozen custard stores; fish markets; fruit and/or vegetable
stores; grocery stores; food and/or beverage stands; mobile vending
units and restaurants.
[Amended 3-25-2010 by Ord. No. 1510; 5-2-2013 by Ord. No. 1615]
(3)
Category No. 3: lodging and storage establishments. The fee for a
Category 3 license shall be $125, plus $15 per dwelling unit, hotel
room, motel room, or room in a rooming house and boardinghouse. Businesses
to be licensed under this category include: hotels; motels; rooming
houses; bathhouses; parking garages, parking lots; storage rooms and
garages; and marinas.
[Amended 3-25-2010 by Ord. No. 1510]
(4)
Category No. 4: recreation and amusement establishments. The fee
for a Category 4 license shall be $125 for each business. Businesses
to be licensed under this category include: amusement stands not requiring
an amusement games license; major and/or kiddie amusement rides, each;
shooting galleries where no prizes are offered; carousels; merry-go-rounds;
miniature golf courses; public swimming pools; and theaters.
[Amended 3-25-2010 by Ord. No. 1510]
(5)
Category No. 5: mobile vending units. The fee for a Category 5 license shall be $900 for each vehicle. Businesses to be licensed under this category include: motor vehicle, vending trucks and mobile vending machines. (See § 303-11, Mobile vending unit regulations).
[Amended 2-26-2015 by Ord. No. 1666]
(6)
Category No. 6: coin-operated machines and automated teller machines (ATM). The fee for a Category 6 license shall be $25 for each machine with a maximum fee of $500 per establishment. Machines to be licensed under this category include all coin-operated vending machines except news racks; and all coin-operated amusement devices not requiring an amusement games license and automated teller machines (ATM). (Sec § 303-12, Coin-operated machine regulations.)[1]
[Amended 2-26-2015 by Ord. No. 1666]
[1]
Editor's Note: Original § 43-3D(5) of the 1970 Borough
Code, regarding category 5 licenses for mobile vending units, which
immediately preceded this subsection, was repealed 5-2-2013 by Ord.
No. 1615.
(7)
Category No. 7: carnivals and circuses. The fee for a category seven
license shall be $1,000 for each day.
[Added 2-26-2015 by Ord.
No. 1666]
(8)
Category
No. 8: multifamily residential developments and apartment houses containing
two or more rental units. The fee for a Category 8 license shall be
$125 plus $15 per rented dwelling unit or apartment. Businesses to
be licensed under this category include apartment complexes, condominiums,
and multifamily housing facilities that contain two or more dwelling
units that are rented to tenants for any term of lease. A Category
No. 8 license is required for all properties with two or more rental
units.
[Added 10-28-2021 by Ord. No. 2021-25]
[Amended 12-16-1993 by Ord. No. 1155; 2-26-2015 by Ord. No. 1666]
A.
Upon the receipt of an application for a mercantile license, the Code Enforcement Officer or a duly designated representative shall conduct a general inspection of the premises and the visible parts of the building exterior and interior to determine compliance with all applicable ordinances of the Borough of Seaside Park, including the Property Maintenance Code as adopted pursuant to Chapter 350, Property Maintenance, of the Code of the Borough of Seaside Park. The Code Enforcement Officer shall make a report thereon, favorable or otherwise, within 10 days after completing the inspection. The property owner, license applicant or manager shall admit the Code Enforcement Officer at any reasonable time for the purpose of making the required inspection.
B.
If the premises are found to conform to the required standards, and
are current with water/sewer utility and property tax payments, the
Code Enforcement Officer shall approve the application and authorize
the license.
[Amended 4-24-2014 by Ord. No. 1651; 2-26-2015 by Ord. No. 1666]
A.
If the applicant's premises are found not to conform with the required standards herein or the property owner is delinquent in Borough property taxes or water/sewer utility payments, the Code Enforcement Officer shall notify the applicant that the application will be denied. Such notification shall be written and shall state the reasons for denial and advising the steps that should be taken so that a license could be issued. Thereafter, the applicant may proceed in accordance with the provisions outlined in § 303-9, Appeals, below.
B.
Failure of the mercantile inspection will result in a reinspection
fee of $25 per site visit plus an additional $5 per unit being reinspected
for hotels/motels/rooming houses.
[Amended 10-28-2021 by Ord. No. 2021-25]
A.
Any license or permit issued pursuant to the provisions of this chapter
for the conducting of business may be suspended or revoked for good
cause by the Borough.
B.
Good cause for suspension or revocation shall include, but is not
limited to:
(1)
The existence or maintenance for the carrying on of any business
in any building or structure which is structurally unsafe or not provided
with adequate egress or which constitutes a fire hazard.
(2)
The existence of unsanitary conditions, noise, disturbances or other
conditions at, near or in the premises which cause or tend to create
a public or private nuisance, or which injuriously affects the public
health, safety or welfare of the citizens of the Borough of Seaside
Park. Specifically, the following activities shall be deemed to be
good cause for the purposes of this chapter: loud and disruptive noises
coming from tenants, guests or invitees; loud gatherings at all hours
of the day and night within and upon the business premises; boisterous
activities; loud, unruly and profane language; public drunkenness;
minors consuming alcoholic beverages; overcrowding upon or near the
business premises due to activity upon the premises; use of fireworks;
public urination; excessive noise as defined in the following subsections;
and any other disorderly acts which disturb the peace and good order
of the neighborhood and community.
(3)
The commission of, or permitting or causing the commission of, any
act in the operation of the business, which act is unlawful or is
prohibited by any ordinance, rule or law of the Borough, state or
federal government.
(4)
Fraudulent practices and misrepresentations in the operation of the
business or concealment or misrepresentation in procuring the license.
C.
Complaint and hearing.
(1)
In the event that the Borough receives three separate and verified
complaints of in a twelve-month period of conduct constituting good
cause under this chapter, a complaint for revocation shall be filed
in accordance with the procedure set forth herein.
(2)
Complaint. The Borough Clerk, or a duly authorized representative
of said Clerk, shall cause a complaint to be issued and served upon
the licensee in question. Service of the complaint may be made by
personal service, certified mail, return receipt requested, or regular
mail in the event that service is refused. If the whereabouts of the
licensee is unknown and the same cannot be ascertained by the exercise
of reasonable diligence, the Clerk, or a duly authorized representative
of said Clerk, shall make an affidavit to that effect and then serve
such complaint by publishing the same once each week for two consecutive
weeks in the newspaper printed and published in the official newspaper
of the Borough of Seaside Park. The complaint shall clearly state
the charges brought against the licensee and shall contain a notice
that a hearing will be held before a hearing officer, who shall be
an attorney of the State of New Jersey designated by the Mayor and
Council, at a place therein fixed, not more than 45 days after the
serving of said complaint. The complaint shall also advise the licensee
that said licensee shall have the right to file an answer to the complaint
and to appear to give testimony or present evidence in his defense.
The aforementioned complaint shall be prosecuted by a special prosecutor
designated by the Mayor and Council of the Borough of Seaside Park.
(3)
Prehearing conference. No more than 20 days after the service of
the complaint, the hearing officer shall hold a prehearing conference,
the date of which shall be set forth in the complaint, with the special
prosecutor and the licensee, or counsel for the licensee, during which
agreed upon facts may be stipulated, the issue for hearing defined,
any pending discovery disputes resolved and a date certain for the
hearing set.
(4)
Discovery. Within 15 days of the date set for hearing, the special
prosecutor must provide to the licensee, or his counsel if the licensee
is represented, a written list of witnesses to be presented at hearing,
and a copy of all documents upon which the Borough may rely at hearing.
Within 10 days of the date fixed for hearing, the licensee or his
counsel, must provide to the special prosecutor a written list of
witnesses and a copy of all documents upon which the licensee may
rely at hearing. Any requests for additional discovery must be provided,
in writing, to the hearing officer within five days of the date set
for hearing. The hearing officer may resolve the request for additional
discovery either by written decision, via telephone conference with
both parties at the prehearing conference, or at the date set for
hearing, If the hearing officer concludes that a request for discovery
is reasonable and constitutes a basis for adjournment of the hearing
date, the hearing officer may so adjourn the hearing date to another
date certain. The party seeking discovery shall pay for all reasonable
expenses caused by the discovery request.
(5)
Evidence and hearing.
(a)
Generally, the rules of evidence applicable to a Superior Court
hearing shall apply. However, subject to a valid claim of privilege,
hearsay evidence shall be admissible at the hearing. Hearsay evidence
which is admitted shall be accorded whatever weight the hearing officer
deems appropriate considering the nature, character and scope of the
evidence; the circumstances of its creation and production; and its
reliability. Notwithstanding the admissibility of hearsay evidence,
some legally competent evidence must exist to support each ultimate
finding of fact to an extent sufficient to provide assurances of reliability
and to avoid the fact or appearance of arbitrariness.
(b)
The hearing officer may take into consideration the lack of
proper supervision of the licensee, as well as the number of valid
requests for police assistance to quell disturbances or to arrest
violators which were caused by acts or an omission of responsibility
by the licensee or his agents.
(c)
The hearing officer may take into consideration the manner in
which the operator or licensee operates his business and may deny,
revoke or suspend said license if said operator knowingly operates
same in a manner calculated to harass or to continually annoy the
neighbors in their quiet enjoyment of their own premises.
(6)
Decision. Within 15 days after the conclusion of the above hearing,
the hearing officer shall issue a written order setting forth its
findings. If the hearing officer concludes, by a preponderance of
the evidence, that the licensee has operated its business in a manner
injurious to the public health, safety and welfare, then said written
order shall prescribe the remedial action to be taken by the licensee
and/or the penalty to be imposed.
(a)
Adjudication of complaints by the Municipal Court, reoccurrence
and frequency of complaints, the amount of time between the date of
the complaint and the date of the hearing, and any remedial actions
undertaken by the licensee prior to the hearing may be considered
by the hearing officer in assessing penalties.
(b)
Penalties may include the suspension or revocation of the licensee's
mercantile license. In the event a license is suspended, said suspension
may be required to be served during specific months identified by
the hearing officer, where such particularized suspension would increase
the effectiveness or appropriateness of the penalty.
Upon the revocation of a mercantile license, or refusal to issue
a license, the licensee or applicant shall be given notice of the
right to appeal such action to the Mayor and Borough Council. A full
report of the reasons for revocation or refusal shall be made available
to the licensee or applicant and shall be provided to the Mayor and
Borough Council. In considering the appeal, the Mayor and Council
shall give due regard to the seriousness of the violations; the good
faith efforts, or lack thereof to remedy the violations; and the reasonable
time period necessary to correct such violation. The Mayor and Council
shall have the power to issue the license and to stay any revocation
and provide a reasonable period within which the licensee or applicant
shall correct the violations.
[Amended 5-2-2013 by Ord. No. 1615]
Business establishments licensed hereunder may be open for business
daily from 4:30 a.m. until 2:30 a.m. of the following day. Business
establishments shall remain closed for business daily, including Sundays,
from 2:30 a.m. until 4:30 a.m.
[Amended 3-3-1994 by Ord. No. 1159]
The following regulations shall apply to any business requiring
a Category 5 mercantile license.
A.
All sales are to be conducted from areas where automobiles are permitted
to park.
B.
All sales are to be conducted from the curb side of the vehicle and
only to pedestrians.
C.
All sales shall begin within five minutes of the time the vehicle
is parked.
D.
Sales from any metered parking space is prohibited.
E.
Sales to any individuals remaining in another motor vehicle is prohibited.
F.
Parking in any no-parking area, handicapped-reserved area or yellow-curbed
area, even temporarily, is prohibited.
G.
Parking in any fixed location for more than three minutes from the
completion of the last sale is prohibited.
H.
No sales of glass containers shall be permitted from mobile units.
I.
All vending units shall be required to provide trash and recycling
containers.
The following regulations shall apply to any business requiring
a Category 6 mercantile license.
A.
Coin-operated vending machines and coin-operated amusement devices
are permitted in only the Business Zone, Public Zone, Mixed Use Zone
and Multiple Dwelling Zone.
[Amended 5-2-2013 by Ord. No. 1615]
B.
Coin-operated vending machines located outside of any building or
structure are prohibited from extending beyond any setbacks required
for that zoning district.
C.
No coin-operated vending machines are permitted to vend soft drinks
in glass containers.
D.
Except in the Boardwalk Zoning District, coin-operated amusement
devices are limited to two machines per store and must be located
inside the building or structure.
The Code Enforcement Officer of the Borough of Seaside Park
and the Seaside Park Police Department are hereby designated as the
enforcement officers of the provisions of this chapter. It shall be
the duty of the Code Enforcement Officer to make initial and periodic
inspections of the licensed premises.
