[HISTORY: Adopted by the City Council of the City of Somers Point 11-24-1976 by Ord. No. 12-1976 (Ch. 53 of 1967 compilation). Amendments noted where applicable.]
Alcoholic beverages — See Ch. 75.
Auctions — See Ch. 81.
Registration of businesses — See Ch. 95.
Licensing of contractors — See Ch. 103.
Entertainment — See Ch. 128.
Peddling and soliciting — See Ch. 202.
Precious metals and secondhand goods — See Ch. 207.
Sunday activities — See Ch. 224.
Taxicabs — See Ch. 231.
Towing — See Ch. 240.
[Amended 6-13-2013 by Ord. No. 12-2013]
Unless otherwise exempt as a result of possessing a valid and current license issued by the State of New Jersey or an agency thereof, or as a result of obtaining a valid and current soliciting or canvassing permit issued by the City of Somers Point in compliance with Chapter 202 of the Municipal Code of the City of Somers Point, no person, partnership, association, firm or corporation shall engage in or carry on any business in Somers Point, nor aid or assist as employees, clerks or otherwise in carrying on such business or in using any wagon, vehicle, stand, store or other place or thing, nor sell or offer for sale any goods or things for which a license is required by the terms of this chapter unless a license as herein provided for shall have been first obtained therefor.
Application for a license shall be made to the City Clerk of the City of Somers Point, New Jersey, and no license shall be granted until the payment for the same has been made. Every license shall specify by name the person to whom it shall be issued, the business for which it is granted and the location at which such business is to be carried on.
The following shall be the mercantile license fee schedule for the City of Somers Point:
[Amended 5-12-1977 by Ord. No. 6-1977; 10-14-1982 by Ord. No. 14-1982; 10-13-1983 by Ord. No. 18-1983; 12-13-1990 by Ord. No. 21-1990; 9-14-2000 by Ord. No. 11-2000; 6-13-2013 by Ord. No. 12-2013]
Editor's Note: This ordinance also provided that: "For any classification of mercantile license which is modified or eliminated as a result of this ordinance for which a license has been issued prior to the effective date, the license shall remain in effect through December 31, 2013, without necessity of obtaining a soliciting or canvassing permit; provided, however, that such mercantile licensees which are engaged in soliciting or canvassing shall be obligated to comply with Article VI of Chapter 202, the "Do Not Solicit" list."
Additionally, further fees as follows shall be charged for establishments in which a cabaret, musical performance or other entertainment is furnished and in which food, beverages or other refreshments are served to the patrons:
[Amended 12-13-1990 by Ord. No. 21-1990]
For one musical instrument of any kind or character, mechanically or electrically operated, and including an organ or piano or any other instrument electrically or mechanically operated, except musical slot machines: $50.
For two or three instruments of any kind or character, mechanically or electrically operated, and including an organ or piano or any other instrument electrically or mechanically operated, except musical slot machines: $75.
For more than three musical instruments of any kind or character, mechanically or electrically operated, and including an organ or piano or any other instrument electrically or mechanically operated, except musical slot machines: $100.
Due date. All license fees shall be due and payable to the City Clerk on the first day of January of each year, the term thereof commencing on January 1 and expiring on December 31 thereafter.
Purpose. The fees herein imposed for such licenses are imposed for revenue.
It shall be a condition of the issuance of any and all licenses under this chapter that said business shall be used and operated only for lawful purposes and not in violation of any ordinances, including zoning ordinances, of the City of Somers Point.
No license certificate shall be issued to any person who has not complied with the laws of the State of New Jersey or the ordinances of the Council of the City of Somers Point providing regulations respecting the safety of persons who may have occasion to use the premises, place or things licensed; and in case any person licensed fails to comply with such laws or ordinances after due notice of 10 days and an opportunity to be heard within 10 days thereafter, the Council of the City of Somers Point and/or the City Clerk acting as mercantile tax collector may revoke said license.
No license shall be granted for any theater, scenic theater, moving-picture show, dance hall or in any public place in which more than 50 people shall be present at any one time until the Electrical Inspector, Building Inspector, Plumbing Inspector, Board of Health, City Fire Chief and Fire Department all certify, in writing, to the mercantile tax collector that the applicant has complied with all the ordinances and regulations respecting protection of life and property relating to such places. The certificate of license shall be conspicuously displayed on the premises where the business is conducted.
All new businesses must have certification from the Board of Health, Police Department, Building Inspector, Electrical Inspector and Plumbing Inspector that said business is not in violation of any ordinance of the City of Somers Point. No license will be issued or reissued to any business declared to be a nuisance or a possible nuisance.
No license provided for by this chapter shall be transferred from one person to another person, and no license shall cover any other place of business other than that for which it was issued.
Every person conducting a business required to be licensed hereby shall permit the department heads or their accredited agents or assistants to have access to any building or premises for the purpose of ascertaining whether there has been compliance with the provisions of this chapter and other ordinances and to determine the fees to be paid, and any refusal thereof shall be deemed a violation of this chapter and be subject to the penalties.
[Amended 3-14-1991 by Ord. No. 6-1991]
Any proper officer be and is hereby authorized and directed to use such of the police force in the City as is necessary to execute and enforce all necessary and lawful police regulations that may best protect and facilitate the carrying on of the businesses, trades and occupations licensed by this chapter.
[Amended 3-14-1991 by Ord. No. 6-1991]
Any person violating any of the provisions of this chapter shall, upon conviction in the Municipal Court of the City of Somers Point, be punished for each offense by a fine not to exceed $1,000 or imprisonment for a term not exceeding 90 days in the county jail or any place provided by the municipality for the detention of prisoners or community service for a period not to exceed 90 days, or any combination of the foregoing. The Municipal Judge before whom any person is convicted of violating this chapter shall have the power to impose any fine or term of imprisonment not exceeding the maximum fixed in this chapter. Each day after the initial violation shall be considered a new and individual violation.
[Added 12-9-2010 by Ord. No. 24-2010]
Notwithstanding any other provisions of this Code, every business located in the City of Somers Point must have on file with the Police Chief an updated emergency information card that contains at least two names and phone numbers of those people to be contacted after business hours in reference to building security, damage or any occurrence that requires that access be gained to the facility in question. This requirement is mandatory whether or not the business is alarmed. This information should be updated annually, and changes should be reported immediately after they occur.
[Added 6-26-2013 by Ord. No. 14-2013]
Purpose; intent; limited use.
Except as provided in Subsection A(2) and (3), the use and operation of low-speed vehicles is prohibited under Chapter 250, Article VII, § 250-63. Except as provided in this section, the use and rental of low-speed vehicles, including electric personal assistive mobility devices, is not permitted within the City of Somers Point.
Rental of electric personal assistive mobility devices shall be permitted but shall be limited and controlled as provided in this section to protect the safety, health and well-being of all persons using such devices.
No person, other than someone with a mobility-related disability, shall operate an electric personal assistive mobility device within the City of Somers Point, except such devices as have been rented for the limited use provided for within this section and subject to the terms and conditions imposed herein.
This section is intended to create a pilot program for a term not to exceed two years, unless otherwise extended or renewed by subsequent ordinance.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE
- A self-balancing, nontandem, two-wheeled device, designed to transport one person, which uses an electric propulsion system with average power of 750 watts (one horsepower), the maximum speed of which, on a paved level surface, when powered solely by such a propulsion system, while operated by a person weighing 170 pounds, is less than 20 miles per hour. The device shall not be considered a motorized wheelchair, motorized bicycle, motorcycle, motorized scooter, motorized skateboard, vehicle or motor vehicle.
- LOW-SPEED VEHICLE
- Those vehicles defined in § 250-62 of the Somers Point Municipal Code and in N.J.S.A. 39:1-1 et seq.
- Includes leasing, hiring out or otherwise providing in exchange for payment without the transfer of ownership.
License required; fee.
No person shall engage in the business of renting electric personal assistive mobility devices within the City of Somers Point without obtaining a mercantile license in accordance with this section. The person to whom such a mercantile license may be issued for the purpose of leasing an electric personal assistive mobility device shall satisfy the following conditions:
Unless operated by a person with a physician certified mobility-related disability, no electric personal assistive mobility device is permitted on any public road, highway, sidewalk or bike path under the jurisdiction of the City of Somers Point except as part of a guided tour group as provided in Section 174-12.3.g.vi) 1., and using only the route approved by the Somers Point Police Department which shall not include operation along or in any street, road or highway having a posted speed in excess of 25 miles per hour (except for crossing such street, road or highway at signal controlled intersections);
Any person operating the device must be either: 18 years of age or older; or under 18, but 16 years of age or older, and accompanied by a parent or legal guardian aged 21 or older and who shall be a participant in the group tour; and the device shall not be operated by anyone other than the person who signs the rental agreement or, in the case of a person under the age of 18 but over the age of 16, by that person if the device has been rented by the parent or guardian accompanying the minor on the tour.
An operator of an electric personal assistive mobility device shall wear a helmet while operating that device.
Any person renting an electric personal assistive mobility device must sign a document acknowledging that he or she has received training from the rental company on the safety features of the electric personal assistive mobility device and the limitations placed upon operation of the device under the terms of this section and New Jersey law. The document shall be maintained on file by the renter for a period of three years from the date of rental and shall be made available for inspection to any representative of the City of Somers Point upon demand.
Every electric personal assistive mobility device available for rental must meet all federal and New Jersey requirements and must be clearly marked as being a rental device owned by the company to which the mercantile license was issued.
The person or entity to which the mercantile license is issued must, at the time of application:
Present proof of general liability insurance, contractual liability insurance, automobile liability insurance and required workers' compensation insurance issued by an insurance carrier licensed to do business in the State of New Jersey. The policies of general liability, contractual liability and automobile liability insurance shall be properly endorsed to include the City of Somers Point, its elected and appointed officials, officers, agents, servants and employees and volunteers. The insurance policy limits shall be not less than $1,000,000 per incident and in the aggregate for the general liability, contractual liability and automobile liability policies and the statutory limits for workers' compensation.
A certificate of insurance with the proper endorsements shall be provided which shall be kept current during the term of the mercantile license and which shall provide for not less than 30 days' notice to the City of Somers Point in the event of termination or cancellation of the policy(ies) of insurance.
The mercantile license holder shall execute and deliver to the City an indemnification and hold-harmless agreement in a form approved by the City Solicitor and the City's Joint Insurance Fund Risk Manager.
If the rental operation is not to be carried on within a fixed structure within the City of Somers Point but is to be operated from a movable facility, the written consent of the property owner shall be filed with the license application, setting forth any conditions imposed by the property owner. No consent obtained from any property owner shall be valid if the use is determined at any time to be in violation of the Development Regulations of the City of Somers Point.
Pay a license fee in the amount of $250 for up to seven electric personal assistive mobility devices and $25 for each additional electric personal assistive mobility device.
Submit to the Somers Point Chief of Police for prior review:
The tour route(s), which shall allow for street crossings only at signalized intersections and which shall be limited in order to access the Route 52 bridge crossing to and from Ocean City, New Jersey;
The number of electric personal assistive mobility devices per tour guide (which shall be not more than six, plus a guide);
The maximum number of tours per day;
The days of operation;
The hours of operation;
The months of operation;
Approvals obtained from any state or county agency or authority, or a certification that no such approvals or consents are required;
Emergency plans in the event of accident or incident;
Agreement to comply with all emergency management orders and temporary orders issued by the Somers Point Police Department or other state or county body having jurisdiction over the roadways to be traveled; and
Such other information as the Police Department may request.
The applicant/license holder shall agree to comply with all terms, conditions and restrictions which may be imposed upon the license holder, and which shall be reduced to writing.
Review by the Somers Point Police Department shall not relieve the license holder or any device rental from any liability or responsibility; and the Police Department may supplement and amend the terms, conditions and restrictions at any time during the license term.
A signed certification that the license holder shall at all times during the term of the license comply with the requirements of the Somers Point Municipal Code, including the Development Regulations.
The term of the license shall be for one year, commencing on January 1 and ending on December 31. The fee shall not be prorated for portions of any year.
In the event the owner or operator of the electric personal assistive mobility devices offers for sale any other goods, materials, or services of any nature permitted by the Somers Point Municipal Code, separate mercantile or vendor licenses must be obtained as required by other provisions of the Code.
In no event shall the owner or operation of the rental facility offer electric personal assistive mobility devices for sale, nor shall the owner or operator be permitted to operate a repair shop for electric personal assistive mobility devices.
Penalties for violation of regulations on electric personal assistive mobility device rental, use and operation.
The mercantile license holder shall be fined $25 for the first violation of this section by an operator of an electric personal assistive mobility device rented to the operator by the license holder or its agents or employees. This shall be in addition to the fine imposed upon the operator under Subsection D(3) of this section.
For a second violation of this section, the license holder shall be fined $50 and the device which was being operated shall be impounded for a period of 15 calendar days. The violation need not be by the same operator of the electric personal assistive mobility device.
An operator of an electric personal assistive mobility device who violates any requirement of this section shall be fined $10 for each such violation and $25 for each repeat violation. This shall be in addition to the fine imposed upon the renter of the device.
A license holder who either: fails to comply with the requirements governing warning notices required to be given to renter/operators; violates any restriction imposed by the Somers Point Police Department; has had a third or more violation of this section as a result of the operation of a rented electric personal assistive mobility device; or violates any of the terms of this section shall be fined not less than $100 nor more than $500 for each violation, at the discretion of the Municipal Court Judge of the City of Somers Point. The violation of any subsection of this section by an employee of an owner/applicant shall subject the employee and the owner/applicant to separate citations for violation of said section.
Repeat violations may result in the revocation of the mercantile license.
Editor's Note: This ordinance also provided that: "Unless otherwise modified by ordinance, the limited waiver for the rental, use and operation of personal assistive mobility devices allowed by this section shall expire two years following its final approval and adoption, and such rental, use and operation shall thereafter be prohibited unless the authority to continue operation of such devices shall be approved or amended by subsequent ordinance."