A. 
Any person or corporation receiving a license under this section must operate the business in accordance with the provisions of this chapter. Conviction of any violation of the provisions of this chapter may result in revocation of said license to do business. Three convictions within any given twelve-month period for any violation(s) of Chapter 73 or Chapter 47 of the Borough Code of the Borough of Seaside Heights shall result in an automatic suspension for 10 days of the license to do business under this chapter, such suspension to be in addition to any other remedies, revocations or suspension authorized by this chapter. Operation of a mercantile establishment under such automatic suspension shall result in extension of such suspension for an additional 30 days.
[Amended 5-21-1997 by Ord. No. 97-6; 6-3-2009 by Ord. No. 09-07]
B. 
Notwithstanding the foregoing references to revocation of a mercantile license, a license may be revoked or suspended in the event that any business is operated in a manner which substantially impairs public safety to its customers or to the general public. As a specific standard, the following activities shall be deemed to be injurious to the public health and therefore prohibited: loud and abusive noises coming from tenants, guests or business 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 the business premises or near the business premises due to activity upon the business 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.
C. 
As a further specific standard, any creating of loud or unnecessary noise shall be prohibited upon the business premises or near the business premises due to activity upon the business premises. The making, creating or permitting of any unreasonably loud, disturbing or unnecessary noise in the Borough is hereby prohibited.
D. 
The making, creating or permitting of any noise of such character, intensity or duration as to be detrimental to the life, health or welfare of any individual or which either steadily or intermittently annoys, disturbs, injures or endangers the comfort, repose, peace or safety of any individual is hereby prohibited.
[Amended 10-2-2002 by Ord. No. 2002-24; 6-3-2009 by Ord. No. 09-07]
In the event that the Borough of Seaside Heights, through its Police Department or municipal offices or officers, receives three separate and verified complaints during any twelve-month period concerning the improper operation of a business establishment constituting an action allegedly injurious to the public health, safety and welfare, the following actions shall be taken:
A. 
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 said 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 Heights. 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-at-law 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, in person or otherwise, to give testimony or present evidence in his defense. The complaint shall also set forth the conferencing and discovery provisions of § 122-19. The aforementioned complaint shall be prosecuted by a special prosecutor designated by the Mayor and Council of the Borough of Seaside Heights.
B. 
No later than 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. 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. 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.
[Added 10-2-2002 by Ord. No. 2002-24]
A. 
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 if the licensee is represented, 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.
B. 
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 if the licensee is represented, 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.
C. 
Evidence. 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 taking into account the nature, character and scope of the evidence, the circumstances of its creation and production, and, generally, 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.
[Added 8-7-2024 by Ord. No. 2024-20]
A. 
Any person violating any provision of § 122-17 shall be subject to a mandatory fine of $125. No court appearance is required if pleading guilty to the offense.
B. 
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.
C. 
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.