A.
Hereafter, any person, persons, corporation or corporations
engaged in, conducting or operating any business within the limits
of the Borough of Seaside Heights shall be required to secure a license
for any business conducted or operated and pay annually to the Borough
of Seaside Heights a license fee to conduct or carry on any hereinafter-mentioned
business or operation. Conviction of operation of a mercantile establishment
without a current mercantile license shall result in an automatic
delay of 30 days in eligibility for such license.
[Amended 6-3-2009 by Ord. No. 09-07]
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A
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Academy (nonindustrial vocational or professional
training)
[Added 9-19-2001 by Ord. No. 2001-14] |
$200.00
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Advertising vehicles, without souand effect
(advertising vehicle with sound not permitted)
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$100.00
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Airbrush shirts
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$75.00
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Aluminum products
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$50.00
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Appliance store, sales and service
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$200.00
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Arcade games (Resort/Recreational 25 machines
no prizes)
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$200.00
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Art sales
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$200.00
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Auto tags (personalized)
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$100.00
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B
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Bakery
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$150.00
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Balloons
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$60.00
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Barbershop
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$100.00
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Bathhouse
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$300.00
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Batting cages (per batting cage)
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$35.00
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Beach chairs, umbrellas, swings or surf mats
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$660.00
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Beauty parlors
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$100.00
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Bicycle rental places
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$70.00
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Boat rentals
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$200.00
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Body piercing
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$500.00
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Branding establishment
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$500.00
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C
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Coin-operated machines, not otherwise listed,
and automated teller machines
[Added 7-3-2002 by Ord. No. 2002-17] |
$35.00
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Commercial painting/artist (signs)[1]
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$135.00
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Craft store
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$75.00
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Cruise boats
[Amended 5-20-1998 by Ord. No. 98-14] |
$275.00
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D
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Distributor of soft drinks (wholesale)
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$130.00
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Drugstores, hardware stores or department stores,
including beachwear and wearing apparel
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Off the boulevard
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$150.00
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On the boulevard
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$250.00
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On the boardwalk
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$500.00
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E
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Electric illusion or exhibition of any kind
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$200.00
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Employment agencies
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$50.00
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F
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Face painting
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$50.00
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Flower shop/florist
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$200.00
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G
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Gasoline service station
[Amended 5-20-1998 by Ord. No. 98-14] |
$275.00
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Gift shop off the boardwalk
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$150.00
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Gift shop on boardwalk
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$395.00
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Gymnasium
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$200.00
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H
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Hats, sale of[2]
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$55.00
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Hobby shop
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$200.00
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Hotel and motel keepers, without sale of liquor[3]
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$18.00 per unit
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J
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Jewelry stores[4]
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$200.00
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Job printing and newspaper establishments
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$200.00
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K
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Key chains
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$55.00
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L
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Laundry, self-service (including machines necessary
to laundering operations)
[Amended 7-3-2002 by Ord. No. 2002-17] |
$200.00
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Leather goods shop
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$100.00
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Lumberyard
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$250.00
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M
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Marineland[5]
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$135.00
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Markets:
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Butcher, deli, fish store, fruit
and vegetable, grocery, self-service or any combination
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$300.00
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Massage business
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$125.00
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Miniature golf course, each[6]
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$200.00
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Motorboats, fishing
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$135.00
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Motorboats, recreation
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$275.00
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Motorized bicycle rentals, each
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$35.00
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Music recording studio
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$200.00
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N
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Newsstand
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$135.00
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O
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Outdoor sales of holiday equipment, supplies
and decorations from a fixed location for three periods of one month
each, with each one-month sales period to be identified in writing
to the Borough Clerk no less than two weeks prior to the commencement
of such sales activities, with no such sales being permitted during
the months of June, July, August and September
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$50.00
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P
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Parking lots:
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For each 100 square feet
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$5.00
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With a maximum fee of
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$500.00
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Photographer/film development
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$150.00
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Portrait artist[7]
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$70.00
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R
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Reading, hand
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$100.00
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Restaurant:
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in Resort Recreational Zone
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$350.00
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in all other zones
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$225.00
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Rides, kiddie, each
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$150.00
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Rides, major
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$300.00
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Rides, secondary, open air, Ferris wheel, miniature
railroads, carousel
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$250.00
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Rooms, apartments and cottages:
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Rooms, each
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$12.00
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Apartments or cottages, each unit
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$21.00
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S
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Sand art
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$75.00
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Stores:
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Shoe repair
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$50.00
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Sale of popcorn, French fries, hot dogs, hamburgers
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$275.00
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Sale of waffles, custard, ice cream snowballs,
cotton candy, pretzels or other pre-prepared food
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$200.00
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Sale of hot dogs, hamburgers or other sandwiches
with tables
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$350.00
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Sale of pizza
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$350.00
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Sale of corn, watermelon, clams or oysters
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$400.00
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Swimming pools, each (public pools)
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$330.00
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T
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Taxi service:
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Taxicab, per cab
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$75.00
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Limousine, per unit
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$90.00
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Tattoos:
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Temporary tattoos
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$100.00
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Permanent tattoo establishments
[Added 5-21-1997 by Ord. No. 97-6] |
$500.00
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U
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Used cars, sale of
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$100.00
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V
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Video sales, rentals
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$135.00
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W
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Water slide:
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10 slides or less
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$300.00
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11 to 25 slides
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$600.00
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Water taxi:
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Per watercraft providing taxi service
stopping at a Seaside Heights waterfront dock
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$25.00
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Any business, game or trade not herein otherwise
mentioned or referred to shall, with the approval of the Mayor and
Council, be imposed a license fee not to exceed $700.
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[1]
Editor's Note: The license fee for Christmas
trees and accessories, which preceded this entry, was repealed 11-21-2001
by Ord. No. 2001-15.
[2]
Editor's Note: The license fee for each handwriting
machine, which preceded this entry, was repealed 7-3-2002 by Ord.
No. 2002-17.
[3]
Editor's Note: The license fee for a horoscope
machine, which preceded the entry, was repealed 7-3-2002 by Ord. No.
2002-19.
[4]
Editor's Note: The license fee for each ice
cream truck vendor, which preceded this entry, was repealed 5-20-1998
by Ord. No. 98-14. The license fee for each ice vending machine, which
preceded this entry, was repealed 7-3-2002 by Ord. No. 2002-19.
[5]
Editor's Note: The license fees for machines,
coin-operated and not otherwise listed, and machines, electronic,
video game or console cathode-ray tube game, each game, which preceded
this entry, were repealed 7-3-2002 by Ord. No. 2002-19.
[6]
Editor's Note: The license fee for each milk
machine, which preceded this entry, was repealed 7-3-2002 by Ord.
No. 2002-19.
[7]
Editor's Note: The license fee for each punching
bag, which followed this entry, was repealed 7-3-2002 by Ord. No.
2002-19.
B.
Explanatory notes:
[Amended 3-17-1999 by Ord. No. 99-8]
(1)
Whenever the designation (B) appears next to a business
or operation, said designation refers to businesses or operations
located on the municipal boardwalk adjacent to the Atlantic Ocean.
License fees and rates in said area are generally higher than in other
areas of the municipality, due to the fact that the municipal costs,
including garbage collection, policing and other administration costs
generally are higher and more expensive in said boardwalk area.
(2)
Where more than one business or operation or the combination
of the sale of similar items shall take place, then, and in that event,
the person, firm or corporation engaged in said activity shall pay
the license fee which is the highest, and if any question arises as
to the interpretation of the various businesses, then, and in that
event, the decision of the Mayor and Council as to the license fee
to be charged shall be conclusive.
(3)
In regards to the requirement for a license for the
rental of an apartment or cottage, the following shall apply:
(a)
When an owner of a property has leased the entire
property to a tenant under a net lease, so that the tenant, for practical
purposes, stands in the place of the owner, use of the leased premises
by the tenant shall be considered the same as use of the premises
by the owner. In order to receive the benefit of this provision, an
owner leasing such property under a net lease must provide the Borough
Clerk with a copy of such leases in effect.
C.
Investigation and inspection; denial of application.
(1)
Upon the receipt of an application for a license,
the Borough Clerk shall refer such application to the proper officer
for a physical inspection of the premises for which the license is
to be issued. The officer charged with making the investigation and
inspection shall make a report thereon, favorable or otherwise, after
receiving the license application. The inspection shall be made to
ensure that the operation of this business will not endanger the health,
welfare or safety of the general public and that the business and
premises comply with all applicable ordinances of the Borough of Seaside
Heights. This end, the inspection shall specifically cover the care
and handling of food, if applicable, and preventing of nuisances and
the spread of disease (health); compliance with the Property Maintenance,
Building and Zoning Codes; and compliance with reasonable fire prevention
standards (i.e., no potential fire hazard within the premises).
[Amended 5-21-1997 by Ord. No. 97-6; 5-5-1999 by Ord. No. 99-12]
(2)
If the applicant's premises are found not to conform with the standards herein enumerated, the Borough Clerk shall notify the applicant that the application will be denied. Such notification shall be written and shall state the reasons for such refusal and shall advise the steps that should be taken so that a permit or license could be issued. Thereafter, the applicant may proceed in accordance with the provisions of § 122-1E below.
(3)
No license shall be issued for premises upon which
are located speakers which emit music or any amplified sound, unless
said speakers are positioned such that they are turned in towards
the booth, store or premises upon which they are located. Failure
of the licensee to keep the speakers turned inward shall be a violation
of the provisions of this chapter.
D.
Periodic inspection; right of entry; revocation.
(1)
To ensure that the health, welfare and safety of the
community will not be endangered by the activities of any business
conducted within the Borough, periodic inspections of all such premises
shall be made.
(2)
It shall be the duty of the licensee, or the person
in charge of the premises to be inspected, to admit thereto, for the
purpose of making the inspection, any officer or employee of the Borough
who is authorized to make such inspections, at any reasonable time
that admission is requested.
(3)
The subject and concern of such inspection shall be the same as set forth in § 122-1C. If any violations are found, the licensee shall be given five days to correct such violations. If at the end of that period any said violations still exists, then the license for the operation of such business shall be revoked.
E.
Appeals.
(1)
Upon the revocation or refusal to issue license, the
party concerned (or licensee) shall be given notice of the right to
appeal such refusal or revocation at the next Borough Council meeting.
A full report of the reasons for refusal or revocation shall be made
available to the licensee, and copies thereof shall be provided to
the Mayor and Council of the Borough. In considering the appeal of
the licensee, the Mayor and Council of the Borough shall give due
regard to the seriousness of the violations; the good faith efforts,
or lack thereof, by the licensee to remedy such violations; and the
reasonable time period necessary to correct such violation.
(2)
The Mayor and Council shall have the power to issue
the license, stay any revocation and provide a reasonable period within
which the licensee shall correct the violations.
F.
Certificate of occupancy required. In order for a
mercantile license to be issued for any premises requiring a certificate
of occupancy, a person applying for a mercantile license must possess
a certificate of occupancy for the premises for which the mercantile
license is sought. Said certificate of occupancy must have been issued
within 12 months of the mercantile license application.
[Added 7-2-2003 by Ord. No. 03-21]
The above-mentioned license fees are imposed
for the purpose of providing funds to enable efficient regulation
of the various businesses, to ensure the protection of public health,
safety and welfare and to provide funds to assist in deferring the
cost of various municipal expenditures in connection with said program.
No license granted to any person, persons or
corporation shall be assignable or transferable to any other person,
persons or corporation. In the event the licensee wishes to move the
license from one location to another, said licensee must first advise
the Borough Clerk.
[Amended 2-7-2001 by Ord. No. 2001-2; 12-17-2008 by Ord. No. 08-18]
All licenses issued shall state the purpose
for which the same was granted, the number of the license and the
name of the person or persons or corporation licensed. Fees for licenses
issued shall be as follows:
A.
All licenses in effect as of January 1, 2009, shall expire on the 30th day of June of 2009, without regard to the time when the same is taken out or issued. All licenses issued in 2009 will be effective until December 31, 2010, and the fee for licenses issued in 2009 shall shall be 150% of whatever fees are enumerated for the business in question pursuant to § 122-1.
B.
All licenses issued in 2010, and thereafter in any given calendar year, will pay the full, unprorated one-year fee, and all licenses will then be issued on a calendar-year basis, expiring December 31 of each year. Any person requesting a license prior to January 1 of the succeeding year, for the year 2010 and forward, shall pay the full fees as shown in § 122-1 of this chapter.
Said license fees shall be paid to the Borough
Clerk for use by the Borough. Upon the payment of such license fee
or fees hereinbefore mentioned, the Borough Clerk shall issue to the
person, firm or corporation applying for such license a certificate
showing the payment of such license fee or fees in advance of opening
business. All fees for licenses under this chapter shall be paid in
advance of the beginning of operation of business and as soon after
the final passage and approval of this chapter as possible. No refund
shall be made on any license fee paid.
It shall be unlawful for any person, persons
or other entity to manage or conduct any business or to use for any
business purpose any wagon, vehicle, motor-driven vehicle, stand,
store, room, apartment, single-family home or other place or thing
herein required to be licensed or to aid, assist or act as employee,
clerk or otherwise in the carrying on of such business or the using
of any wagon, vehicle, motor-driven vehicle, stand, room, apartment,
single-family home or other place or thing as aforesaid, unless such
license fee has been paid and such certificate obtained as hereinbefore
required.
Each license issued under this chapter shall
be, at all times, on display in open view upon the licensed premises.
No street peddling shall be permitted in this Borough except as specifically provided in Article V of this chapter for licensees licensed under N.J.S.A. 45:24-9 et seq.
[Amended 2-16-2005 by Ord. No. 05-06]
A.
Any person violating or failing to comply with any
other provision of this article shall, upon conviction thereof, be
punishable by a fine of no less than $100 and no more than $1,250,
by imprisonment not to exceed 90 days or by community service of not
more than 90 days or any combination of fine, imprisonment and community
service, as determined in 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 punished as provided above
for each separate offense.
B.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
