Borough of Ramsey, NJ
Bergen County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Licensing of dogs — See § 5-1.
Alcoholic beverage control — See Ch. 6.
Smoke and carbon monoxide alarms — See § 14-5.
[For state law relating to the Borough's power to license, see N.J.S.A. 40:52-1, et seq.]
[1961 Code § 21.01; 1972 Code § 110.001]
No person shall engage in any trade, profession, business or privilege in the Borough for which a license is required by any provision of this Code, without first obtaining such license from the Borough in the manner provided in this chapter, unless otherwise specifically provided.
[1961 Code § 21.02; 1972 Code § 110.005]
Unless otherwise provided, application for a license shall be made in writing to the Borough Clerk upon forms provided by the Borough. The applicant shall state the location of the proposed activity and such other facts as may be required for, or may be applicable to the granting of such a license.
[1961 Code § 21.04; 1972 Code § 110.010]
All required bonds shall be executed by a surety company authorized to do business in this state, and be subject to the approval as to form and surety of the Council. Where policies of insurance are required, such policies shall be approved as to substance and form by the Borough Attorney. Satisfactory evidence of coverage by bond or insurance shall be filed with the Borough Clerk before the license is issued.
[1961 Code § 21.03; 1972 Code § 110.015]
The fees required for any license shall be paid at the office of the Borough Clerk before the granting of the license. Unless otherwise provided, no license fee shall be prorated for a portion of a year, and no license fee paid shall be refunded.
[1961 Code § 21.05; 1972 Code § 110.020]
a. 
Where the approval of any Borough officer or state officer is required prior to the issuance of any license, such approval must be presented to the Borough Clerk before any license is issued.
b. 
No license shall be approved by any Borough officer or issued by the Clerk if it appears that the conduct of the activity for which a license is sought will be contrary to the health, safety or welfare of the public or any regulation, law or ordinance applicable to such activity.
[1961 Code § 21.06; 1972 Code § 110.025]
License certificates shall show the date of issue, the activity licensed and the term of the license, and shall be signed in the name of the Borough by the Mayor and Borough Clerk, and be impressed with the Borough seal.
[1961 Code § 21.07; 1972 Code § 110.030]
a. 
Unless otherwise provided, the term of the license year shall begin and end with the calendar year.
b. 
Where the issuance of licenses for periods of less than one year is permitted, the effective date of such license shall commence with the date of issuance.
[1961 Code § 21.08; 1972 Code § 110.035]
Every licensee shall carry his license upon his person at all times when engaged in the activity for which the license was granted; except that where such activity is conducted at a fixed place or establishment, the license shall be exhibited at all times in some conspicuous place in his place of business. The licensee shall exhibit the license when applying for a renewal and upon demand of any Police Officer or person representing the issuing authority.
[1961 Code § 21.09; 1972 Code § 110.040]
Unless otherwise provided, no license shall be transferable without the approval of the Council.
[1961 Code § 21.10; 1972 Code § 110.045]
License renewal shall be issued in the same manner and be subject to the same conditions as original licenses.
[1961 Code § 21.11; 1972 Code § 110.050]
a. 
Any license issued by the Borough may be suspended or revoked by the Council for any of the following causes:
1. 
Fraud, misrepresentation or incorrect statement contained in the application for license, or made in carrying on the licensed activity.
2. 
Conviction of any crime, or any misdemeanor involving moral turpitude.
3. 
Conducting such licensed activity in such manner as to constitute a breach of the peace, or a menace to the health, safety, or welfare of the public, or a disturbance of the peace or comfort of residents of the Borough, upon recommendation of the Health Officer or other appropriate Borough official.
4. 
Expiration or cancellation of any required bond or insurance.
5. 
Actions unauthorized or beyond the scope of the license granted.
6. 
Violation of any regulation or provision of this Code applicable to the activity for which the license has been granted, or any regulation or law of the state so applicable.
7. 
Failure to continuously comply with all conditions required as precedent to the approval of the license.
[1961 Code § 21.12; 1972 Code § 110.055]
Any person aggrieved by the action of any Borough Official in denying or revoking a license shall have the right to a hearing before the Council on any such action, provided, a written request is filed with the Borough Clerk within 10 days after receipt of the notice of such suspension. The Council may grant such license or confirm any suspension or revocation or reinstate any such license. The action taken by the Council after a hearing shall be final.
[1961 Code § 21.13; 1972 Code § 110.060]
The Health Officer and other Borough officials may enter upon the premises where any licensed activity is being conducted for the purpose of inspection.
[1961 Code § 24.01; 1972 Code § 115.001]
An automatic amusement game of the type commonly known and designated as bagatelle, baseball, golf, football, horse racing or pin amusement games or other similar machines or devices operated, maintained or used in any public or quasi-public place, or in any building, store or other place wherein the public is invited or wherein the public may enter, and particularly, but not by way of limitation, any coin or coin substitute operated automatic amusement device of the foregoing types operated, maintained or used as aforesaid, shall not be placed, operated or maintained within the Borough in premises as aforesaid until a license for such purpose has been obtained. Such license shall be issued to and in the name of the proprietor of the premises wherein the machine is to be installed.
[1961 Code § 24.02; Ord. No. 591; 1972 Code § 115.005]
The fee for the issuance of such license shall be $250 per year or for any part thereof per machine and per device. All licenses shall expire on December 31 of the year of issuance.
[1961 Code § 24.039; 1972 Code § 115.010]
A separate application for each such machine shall be filed on a form furnished by the Borough Clerk, which form shall show the name of the applicant, post office address, and whether or not the person making the application has been convicted of a crime or a violation of any ordinance of the Borough involving gambling. The form shall also provide for the furnishing of such further information as may from time to time be requested by the Council. The application shall be verified by affidavit of the applicant, if a person, or if a corporation, by an officer of the corporation.
[1961 Code § 24.04; 1972 Code § 115.015]
No license shall be issued under the chapter to any person who has ever been convicted of a crime or a violation of any Borough ordinance involving gambling.
[1961 Code § 24.05; 1972 Code § 115.020]
The license certificate issued under this chapter shall be affixed to the machine, licensed so that it may be easily and quickly identified, and shall show on its face the name and post office address of the licensee and shall briefly state that the machine to which the same is affixed is licensed for operation and use by the Borough.
[1961 Code § 24.06; 1972 Code § 115.025]
Any such machine not having affixed a license thereto may be taken into custody by the Police Department and disposed of. The Police Department shall have the right of entry into all premises of quasi-public nature where any such machines are located for the purpose of determining whether or not the same are so licensed.
[1961 Code § 24.07; 1972 Code § 115.030]
a. 
The holder of a license under this chapter may, upon written application to the Borough Clerk, transfer the license within the period for which it is issued to another like machine operated in the same premises, and may also transfer the license from one premises to another upon application. The fee for each such transfer is $1 payable upon the making of such transfer.
b. 
Any license issued under this chapter shall not be transferable from one person to another.
[1961 Code § 24.08; 1972 Code § 115.035]
Not more than two such machines are permitted to be used or operated in any one place, location or premises.
[1961 Code § 24.08; 1972 Code § 115.040]
No person shall use or permit to be used any machine licensed under this chapter for the purpose of gambling.
[1961 Code § 24.10; 1972 Code § 115.045]
No machine licensed under this chapter shall be placed, maintained, operated or used within any premises within 200 feet of any school, as measured in a direct line from the nearest school door to the nearest door to the premises.
[1961 Code § 24.11; 1972 Code § 115.050]
In the event any licensee is convicted of violating any provisions of this chapter, the license issued to such licensee shall immediately upon conviction be revoked and no further license shall be issued to him for any such machine for a period of at least one year.
[1961 Code § 24.12; 1972 Code § 115.055]
This chapter is enacted for the purpose of raising revenue and for the regulation and control of automatic amusement games of the type hereinbefore described.
[Ord. No. 436; 1972 Code § 116.001]
a. 
No bowling alley or pool room shall be operated within the limits of the Borough without a license to do so.
b. 
Each applicant for such license shall make written application setting forth:
1. 
The full name, residence and post office address of applicant.
2. 
The exact location of the proposed licensed premises, giving the street address, block and lot number as shown on the tax assessment map of the Borough, and the exact dimensions of the lands upon which the bowling alley or pool room is to be operated.
3. 
A description of the buildings, structures and accommodations upon said lands, including a statement of the number of alleys or pool and billiard tables to be operated, the maximum number of persons who can be accommodated at any given time; a plat showing the location of buildings; a description of the character of said buildings or structures as to size, type of construction and whether or not the same are fireproof; and a map and description of automobile parking space and facilities.
4. 
The name and address of the owner of the lands and buildings.
5. 
The name or names of the person or persons on the licensed premises upon whom process may be served.
c. 
Each application shall be made in triplicate and shall be signed and sworn to by the applicant and presented to the Borough Clerk, together with a certified or bank check or cash in the amount of the license fee.
[Ord. No. 436; Ord. No. 591; 1972 Code § 116.005]
The annual fee for a bowling alley shall be $15 for each alley. The annual fees for a pool room shall be $5 for each pool and billiard table. Such license fees are hereby declared to be for the purpose of revenue.
[Ord. No. 828 § 1; Ord. No. 828B]
The purpose of this section is to provide standards and regulations for various types of intrusion, burglar, fire and other emergency alarm devices whether by direct line, radio, telephone or other means actuating a device at the police headquarters of the Borough and requiring response thereto by the Police Department, Fire Department or other municipal agencies.
[Ord. No. 828 § 2]
The provisions of this section shall apply to any person who operates, maintains or owns any alarm device or local alarm designed to summon the Police, Fire Department or other municipal agencies to any location in response to any type of alarm signal. The terms of this section shall in no way prohibit alarm companies from providing service by private source to other offices within the Borough so long as such activity is not connected to the alarm console at the Borough Police Headquarters; except, however, that any person having a premises protected by an alarm device shall still be responsible for the registration thereof in accordance with Subsection 4-5.6a without fee.
[Ord. No. 828 § 3]
As used in this section:
ALARM CONSOLE
The console or control panel of devices giving a visual or audio response or both, and located within the confines of the Police Department of the Borough.
ALARM DEVICE
Any type of alarm system actuating equipment in the alarm console providing warning of intrusion, fire, smoke, flood or other peril.
ALARM INSTALLATION
Any alarm device or combination of devices installed for one or more buildings at a location other than the alarm console.
DESIGNATED REPRESENTATIVE
Shall be limited to a member of the Police Department of the Borough.
DIAL ALARM
That type of device using telephone lines transmitting an alarm directly through the police switchboard.
FALSE ALARM
Any alarm actuated by inadvertence, negligence or unintentional act of someone other than an intruder, and shall include as well alarms caused by malfunctioning of the alarm device or other relevant equipment, but shall not include alarms created by the malfunction of the alarm console.
LICENSEE
The person obtaining the license to maintain the alarm console as hereinafter set forth.
LOCAL ALARM
Any alarm or device which when actuated produces a signal not connected to the alarm console such as store burglar alarms actuating bell devices or any type of audio noise.
PERMITTEE
Any person owning an alarm device or a local alarm within the scope of this section.
PERSON
And include any natural person, partnership, corporation or association.
[Ord. No. 828 § 4; Ord. No. 828C § 1]
a. 
There is hereby established a Police alarm console license which shall be granted upon recommendation of the Chief of Police, as set forth in Subsection 4-5.5. Any such licensee shall have exclusive use and control of the alarm console, except for use by the Police Department of the Borough, and such licensee will be responsible at no cost to the Borough for the establishment, construction and installation of the console containing equipment and being of a design approved by the Police Chief and for the care, maintenance and management thereafter of the console; the licensee shall locate the console and relocate the console if necessary under the supervision of the Chief of Police at no cost to the Borough. For any such license granted hereunder, the licensee will assume all liability and agree to indemnify and save harmless the Borough of Ramsey, its agents and the Ramsey Police Department, for any acts in conjunction with the operation of the police alarm console and in conjunction therewith he shall furnish annually to the Borough Clerk a noncancellable insurance certificate indicating complete liability coverage in an amount no less than $300,000 for each person, $500,000 for each accident, and $1,000,000 property damage for each accident.
b. 
Any connection to the police alarm console shall be of a type inspected and approved by the Chief of Police or his designated representative, and any person aggrieved by his decision may appeal said decision in writing within 10 days to the Borough Council.
c. 
All alarms existing as of the date of the adoption of this section (except dial alarms) shall be connected hereunder to the alarm console by the licensee, and no connection cost for such transfer shall be permitted.
d. 
The licensee for the police alarm console shall be permitted to charge subscribers a maximum installation fee not exceeding $60 and a maximum monthly retainer or maintenance fee not to exceed $10. Any increase in this fee, due to cost of living, may be approved by the Borough Council by resolution, after being requested by the Chief of Police. No fee shall be charged to the Borough of Ramsey or the Board of Education of the Borough for monthly charges or console connection charges for any existing or future systems in public buildings; and any equipment or alarm devices installed by the alarm console licensee in such public buildings shall be at wholesale cost with no maintenance charge for alarm connected from the Borough offices.
e. 
The licensee shall install initially an annunciator or display console, having no less than 900 zones available for present systems and future connections which console shall be approved by the Underwriters' Laboratories. The licensee should be U.L. listed.
f. 
Except as provided in Subsection 4-2.1, any license issued hereunder shall be for a term of five years from date of approval by the Borough Council, such licensee shall post with the Borough Clerk a performance bond in the amount of $10,000, noncancellable without notification to the Borough Council, guaranteeing performance for five years of the obligation of the licensee and insuring maintenance of the console and alarm system during the period when such license is in force.
[Ord. No. 828 § 5]
a. 
Prequalification. Persons desiring to bid for the license shall make application to the Public Safety Committee of the Borough Council, which application shall disclose whatever information may be required by the Borough concerning the ability of the proposed applicant to comply with the requirements of this section, and shall indicate, in any event, that:
1. 
The licensee has satisfactory financial and personal references indicating his or its ability to comply with the terms of this section.
2. 
The licensee has an office with adequate personnel available on a twenty-four-hour basis to service the equipment.
b. 
Upon receipt by the Public Safety Committee of the Borough Council of a list of those persons or corporations who prequalified, the Borough Council shall then designate the time and place for receiving sealed bids by those eligible to submit bids, as set forth in Paragraph a above, which bid shall indicate the bond and other requirements of this section and the maximum installation and monthly charges prescribed by this section of a lesser amount. Upon the return of the sealed bids, the Borough Council may award the license to the person whose bid taken as a whole is the most advantageous to both the subscribers to the system and to the Borough from a cost standpoint and in conjunction therewith the Borough Council reserves the right to reject any and all bids.
c. 
Renewals of the license or award of new licenses, should any license be terminated in accordance with Subsection 4-5.7, shall be accomplished by following the procedures of Paragraphs a and b aforesaid.
[Ord. No. 828 § 6]
a. 
Any person which owns or operates an alarm device or a local alarm shall make application for the continuance thereof in writing to the Chief of Police, which application shall contain at least the location of the device, the name of the installer of the device, the type of device, provisions relating to false alarms and testing procedures, a list of persons to be contacted in the event of an alarm, and other information as may be required by the Police Chief.
b. 
Local alarms shall be registered but no fee shall be charged therefor.
c. 
Any permit granted hereunder shall be accepted upon the express condition that the permittee shall indemnify and hold the Borough harmless from and on account of any and all damages arising out of the activities of the permittee, its alarm contractor, or the alarm console licensee of the Borough.
[Ord. No. 828 § 7]
The Borough shall be under no duty or obligation to any permittee hereunder or to any alarm console licensee hereunder, the alarm console and allied equipment being maintained at will and subject to termination at any time by cancellation of the system by resolution duly adopted by the Borough Council, and any individual permit issued hereunder may be revoked at any time by the Borough Council upon recommendation of the Police Chief, provided that 30 days notice is given in writing to the permittee by registered mail.
[Ord. No. 828 § 8; Ord. No. 828-A § 1; Ord. No. 828-B § 1]
a. 
All fire alarm devices shall be installed in accordance with the requirements of the Fire Chief or his designee and the consent of the Police Chief.
b. 
Any licensee for the alarm console and any permittee utilizing the services of any other alarm company connected to said console shall provide for a representative to be on call at all times; and such service shall be provided immediately when necessary after notification by the Police Department of any malfunctions of any equipment.
c. 
In the case of a false alarm, any person having knowledge thereof shall immediately notify the Police Department in a manner to be prescribed by rules and regulations in accordance with Subsection 4-5.9. In addition, in the case of false alarms the Chief of Police shall cause an investigation to be made and keep a record of the alarms on file. A warning shall be issued for the first and second false alarm in any calendar year. The penalties as provided in Subsection 4-2.11 shall apply to all subsequent false alarms in any calendar year. Where the investigation of the Police Department discloses continued abuse of the privilege of connection to the alarm console and a disregard of the permittee for taking remedial steps to avoid false alarms, the governing body reserves the right to require disconnection from the alarm console for a limited or permanent time, provided that no such permit shall be revoked or suspended without giving the permittee an opportunity to show cause before the Borough Council why such action should not be taken.
d. 
Any unauthorized equipment may be disconnected by the Chief of Police or his designated representative for noncompliance with this section; and any person installing or maintaining unauthorized equipment shall be prosecuted for violation of this section; and each and every day said equipment is in operation shall be considered a separate violation. Any permittee shall by acceptance of the permit be deemed as having consented to inspection of the premises on which the alarm devices are installed at reasonable hours by the Chief of Police or his designated representative.
[Ord. No. 828 § 9]
The Chief of Police may promulgate rules and regulations supplementing this section in order to provide for record-keeping and efficient management of said system; provided, however, that the Borough Council shall first approve the rules or any changes thereto.
[Ord. No. 859 § 1]
No person shall conduct or operate any motor vehicle rental business or any yard for the storage or parking of same without first having secured a license therefor in accordance with the terms of this section.
[Ord. No. 859 § 1]
a. 
In addition to the information specified in Subsection 34-29.1 of the Zoning Chapter of this Code, each application for a license under this chapter shall state the name or names of the person or persons on the premises on which the business is to be conducted upon whom process out of any court of competent jurisdiction may be served and the total area of the ground space of the premises and the floor space of the structure on or in which the business is to be conducted, and shall be accompanied by a detailed diagram or plan of the same, showing the location of buildings and the land to be used in the operation of the business.
b. 
Applications for the license shall be made to the Construction Code Enforcement Official, who shall also issue such licenses.
[Ord. No. 859 § 1]
a. 
The fee for a license issued under this chapter shall be $100 per year or any part thereof.
b. 
All licenses issued under this chapter shall expire on December 31 of each year.
[Ord. No. 859 § 1]
a. 
All yards of business required to be licensed under this section shall be paved with either asphalt, concrete or bituminous concrete throughout the entire area or areas used for the parking, storing, loading or servicing of vehicles.
b. 
All lights in such yards shall be installed and maintained in such a manner as not to cast glare upon the adjoining and surrounding property.
c. 
No unlicensed vehicle shall be stored or parked upon any premises licensed under this chapter.
d. 
No stripping, dismantling or disassembling of any vehicle shall take place upon any premises licensed under this chapter.
e. 
No vehicle shall be repaired or overhauled upon any premises licensed under this chapter except within an enclosed structure conforming in all respects with the requirements of the Building Code and Fire Prevention Code of the Borough.
[1961 Code § 22.01; Ord. No. 490; 1972 Code § 111.001]
As used in this section:
PEDDLER
A person commonly referred to either as a peddler or hawker who goes from place to place by travelling on the streets or from house to house and carries with him goods, wares or merchandise for the purpose of selling and delivering them to purchasers and consumers.
PERSON
Any individual, firm, partnership, corporation, voluntary association or agent.
SOLICITOR
Any person, not otherwise considered to be a "peddler" herein, who goes from house to house, person to person, place to place, or who otherwise moves or travels about this Borough for any of the following purposes: to sell, procure orders, pledges, subscriptions, commitments or promises of any nature whatsoever for property, real or personal, or services of any kind, regardless of the description or nature, whether for profit or nonprofit; to collect money or procure pledges or promises, regardless of the reason or purpose for which such money shall be intended or applied; to collect material, goods or property of any kind or to procure pledges or promises, regardless of the purpose; to otherwise entreat, importune or approach other persons in this Borough with requests or pleas of any nature.
[1961 Code § 22.02; Ord. No. 490; 1972 Code § 111.005]
As to peddlers, the purpose of this chapter is to regulate them, to impose license fees for revenue, to prevent dishonest business practices, and to protect the public welfare. As to solicitors, the purpose of this chapter is to regulate them, to prevent dishonest business practices, and to protect the public welfare.
[1961 Code § 22.03; Ord. No. 490; 1972 Code § 111.010]
No peddler or solicitor shall do any act within this Borough without first obtaining a license and paying any license fee hereinafter prescribed.
[1961 Code § 22.04; Ord. No. 436; Ord. No. 490; 1972 Code § 111.015]
a. 
Any person desiring a license shall obtain from the Borough Clerk an application blank. The blank shall contain the following information:
1. 
Name of applicant.
2. 
Permanent home residence.
3. 
Name and address of firm represented, if any.
4. 
Three business references.
5. 
The place of residence of the applicant for the three preceding years.
6. 
A full explanation of the proposed peddling or soliciting to be carried out in the Borough.
7. 
The number of convictions for misdemeanors or crimes and the nature of the offenses for which convicted.
8. 
To the application must be appended a letter or other satisfactory proof from the firm for which he purports to work authorizing the applicant to act as its representative.
9. 
The application shall be accompanied by a set of the applicant's fingerprints for identification purposes and each applicant shall pay to the Borough Clerk a fee of $5 to cover the cost of investigation of the facts contained in the application. The Chief of Police shall attend to the necessary fingerprinting.
[1961 Code § 22.05; Ord. No. 490; 1972 Code § 111.020]
The Chief of Police shall then have a reasonable time in which to verify the information in the application blank respecting the moral character of the applicant, and shall signify his approval or rejection on the reverse side of the form which he shall thereupon transmit to the Borough Clerk.
[1961 Code § 22.06; Ord. No. 490; 1972 Code § 111.025]
Upon receiving from the Chief of Police any application favorably endorsed, the Borough Clerk, who is hereby designated as the licensing officer, is directed, upon payment of the prescribed fee, to issue a license to the applicant. The license issued shall not authorize any person except the designated person named in the license to act as solicitor or peddler. This license shall not be transferable from the person to whom issued.
[1961 Code § 22.07; Ord. No. 490; 1972 Code § 111.030]
All licenses shall be issued on forms drawn in accordance with this chapter. They shall be printed in book form with corresponding stubs and shall be consecutively numbered. The license shall contain suitable blank spaces for writing in the name, class of license granted, and the amount of fee paid. There shall be kept in the office of the Clerk the necessary books for recording the time the application for license is received showing whether it is a new license or a renewal, the name of the licensee, the time when the application was approved by the Chief of Police and the Clerk, the amount of fee received, and the date when the license was issued.
[1961 Code § 22.08; Ord. No. 490; 1972 Code § 111.035]
Every person holding a license under this chapter shall be required to carry the license with him. He must produce the license at the request of any official of the Borough, or of any person within the Borough who is approached by the licensee.
[1961 Code § 22.09; Ord. No. 490; 1972 Code § 111.040]
In addition to the investigation fee, peddlers shall pay a license fee of $25 per annum or fraction thereof, payable in advance, which fee shall be for revenue purposes. Every peddler's license shall terminate at midnight on December 31 of the year in which it is issued.
Solicitors shall not be required to pay any license fee other than the investigation fee to cover the reasonable cost of investigating the character and record of such solicitor. A solicitor's license shall continue in effect until midnight on December 31 of the year in which it is issued.
[1961 Code § 22.10; Ord. No. 490; 1972 Code § 111.045; Ord. No. 977 § 1]
A license may be revoked by the Borough Council, Borough Administrator or Borough Police Chief by reason of the violation of the terms hereof, the violation of any municipal ordinance, state or federal statute, or false statement made in applying for a license. The licensed person must be granted a hearing by the Borough Council upon his request. A license may be suspended for not more than two weeks by the issuing officer without a hearing.
[1961 Code § 22.11; Ord. No. 490; 1972 Code § 111.050]
Any person aggrieved by the action of the Chief of Police or the Borough Clerk in the denial or revocation of a license as provided in this chapter shall have the right of appeal to the Mayor and Council. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for hearing on such appeal and notice of such hearing shall be given to the appellant. The decision and order of the Council on such appeal shall be final and conclusive.
[1961 Code § 22.12; Ord. No. 490; 1972 Code § 111.055]
Licenses issued here may be renewed by following the same procedure required for the issuance of the original license, except that if the Chief of Police is satisfied that the Department has in its records the fingerprints of the applicant for renewal, the Chief of Police may waive fingerprinting in connection therewith.
[1961 Code § 22.13; Ord. No. 490; Ord. No. 641 § 1; 1972 Code § 111.060; Ord. No. 977 § 2]
It shall be unlawful for any person to peddle or to solicit from the back doors or side entrances to any premises within the Borough or to peddle or solicit before 10:00 a.m. or after 3:00 p.m. on any weekday or any time on Sunday.
[1961 Code § 22.14; Ord. No. 490; 1972 Code § 111.065]
Any religious organization or organization not for profit, which wishes to solicit or peddle for the purposes of its organization, may secure a license in the organization name to do so provided the organization furnishes to the Chief of Police the name and address of the officer of the organization in charge who will process the application, and specimen identification tags or other identifying media which such members will produce and display at the request of any official of the Borough or of any person who is approached by such member. Such organizations shall be exempt from the payment of any license or investigation fees, and from the restriction against soliciting or peddling on Sunday.
[Ord. No. 880A § 1]
As used in this chapter:
MERCHANT
One who purchases small lots of precious metals from the public and sells the aggregate to refiners or brokers, and/or makes appraisals of small lots of precious metal.
MINOR
Any person under the age of 18 years.
PRECIOUS METAL
Gold, silver, platinum and their alloys as defined in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.
SMALL LOTS
Made up of used jewelry and the like, excluding coins and bullion.
[Ord. No. 880A § 1]
Each merchant conducting such business within the jurisdiction of the Borough shall first register with the Chief of Police.
[Ord. No. 880A § 1]
Each merchant shall maintain a complete record of each purchase including the amount paid, indicating the name, residence, age, and description of the person from whom the items were purchased and a detailed description of such items. These records shall be subject to the inspection of any authorized police officer of the Borough and such records shall be in the form prescribed by the Chief of Police.
[Ord. No. 880A § 1]
Each merchant doing business in the Borough shall deliver to the Chief of Police the description of all items purchased, within 72 hours of the completion of the transaction, on forms prescribed by the Chief of Police.
[Ord. No. 880A § 1]
No merchant shall sell, melt, change the form or dispose of any items purchased within five days from the date the notification is made to the Chief of Police and all such items shall remain on the premises where the purchase was made for at least five days.
[Ord. No. 880A § 1]
Each merchant shall require identification of the person with whom he is transacting business. No transaction may be made with any minor, as hereinabove defined. Required identification shall be deemed to be a current driver's license, if available, and if not, two other types of identification.
[1961 Code, Chapter 23; Ord. No. 436; 1972 Code § 112.001]
As used in this section:
THE BUSINESS OR OCCUPATION OF THE TRANSPORTATION AND CARRIAGE OF PASSENGERS FOR HIRE
The ownership and operation of any taxicab, automobile, motor car, school bus, or bus for private charter, engaged in the business of carrying passengers for hire, and which is held out, announced or advertised to operate or run or which is operated or run over any of the streets in the Borough, and particularly accepts and discharges such persons as may offer themselves for transportation from points or places to points or places within or without the Borough.
[1961 Code, Chapter 23; Ord. No. 436; 1972 Code § 112.005]
No person having an office or place of business, telephone or branch office located within the limits of the Borough or operating a bus within the limits of the Borough shall carry on within the Borough the business or occupation of the transportation and the carriage of passengers or school children for hire, without the consent of the Council and a license.
[1961 Code, Chapter 23; Ord. No. 436; 1972 Code § 112.010; Ord. No. 782 § 1]
a. 
The annual license fee for taxicabs and other vehicles carrying passengers for hire shall be $25 for the first taxicab or vehicle and $15 for each additional taxicab or vehicle.
b. 
The annual license fee for each bus shall be $25.
[1961 Code, Chapter 23; Ord. No. 436; 1972 Code § 112.015]
a. 
Any applicant for a license for a taxicab, school bus, or other vehicle carrying passengers for hire shall file with the Borough Clerk an insurance policy of a company licensed to transact business under the insurance laws of the State of New Jersey in such amounts as may be required by law or by the Council. The consent of the Council hereinbefore provided, shall continue effective and operation thereunder shall be permitted only so long as the insurance policy remains in force and effect.
b. 
Taxicabs.
[Added 11-22-2010 by Ord. No. 18-2010]
1. 
The governing body of the Borough of Ramsey requires that the owner of a taxicab shall file with the Borough Clerk an insurance policy of a company duly licensed to transact business under the insurance laws of the State of New Jersey conditioned for the payment of a sum of not less than $1,000,000 to satisfy all claims for damages by reason of bodily injury to, or the death of, any one person resulting from an accident and a sum of not less than $2,000,000 to satisfy all claims for damages by reason of the bodily injuries to, or the death of, all persons, on account of any such accident, by reason of the ownership, operation, maintenance, or use of such taxi upon any public street, and conditioned for the payment of a sum not less than $100,000 to satisfy any claim for damages to property of any one person, resulting from an accident, and a sum of not less than $250,000 to satisfy all claims for damage to property of all persons on account of any such accident, by reason of the ownership, operation, maintenance, or use of such taxi upon any public street.
2. 
The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance, or use of the taxicab or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
[1961 Code, Chapter 23; Ord. No. 436; 1972 Code § 112.020]
Taxicabs shall have special stands at designated locations in parking areas established by the Police Department, and shall not be parked in any other location.
[1961 Code § 25.01; 1972 Code § 113.001; Ord. No. 16-1999 § 1]
As used in this section:
BUSINESS OF CONDUCTING TOURIST LODGES OR MOTELS
Renting, leasing, maintaining, keeping, operating, conducting or providing of overnight or temporary sleeping accommodations for a consideration to tourists, transients or travelers in any building or structure, or group of buildings or structures, devoted exclusively or primarily to the business, commonly known as tourist lodges, tourist cabins, motor lodges, motor courts, motels, hotels, tourist courts or tourist camps, whether meals are served or not.
HOUSING OR LODGING UNIT
Any room or subdivided part of a housing structure, with or without toilet facilities, used for sleeping or living accommodations in the business of conducting tourist lodges, cabins, camps, courts, motels or hotels.
[1961 Code § 25.02; 1972 Code § 113.005]
a. 
No person shall engage in the business of conducting a tourist lodge or motel without a license to do so.
b. 
Each applicant for such license shall make written application setting forth:
1. 
The full name, residence and post office address of applicant.
2. 
The exact location of the proposed licensed premises, giving the street address, block and lot number as shown on the tax assessment map of the Borough, and the exact dimensions of the lands upon which the business is to be conducted.
3. 
A description of the buildings, structures and accommodations upon said lands, including a statement of the number of housing or lodging units, the maximum number of persons who can be accommodated at any given time; a description of the character of the buildings or structures as to size, type of construction and whether or not the same are fireproof; and a description of automobile parking space and facilities.
4. 
The name and address of the owner of the lands and buildings.
5. 
The name or names of the person on the licensed premises upon whom process may be served.
6. 
A detailed description of the register or system used for the registration of persons to whom accommodations are extended.
c. 
Each application shall be made in triplicate and shall be signed and sworn to by the applicant and presented to the Borough Clerk, together with a certified or bank check or cash in the amount of the license fee.
[1961 Code § 25.03; 1972 Code § 113.010]
The Borough Clerk shall forward the application to the Health Officer of the Board of Health and to the Fire Chief, who shall inspect the premises to determine whether or not the premises comply with the Board of Health and fire regulations. If the premises do not comply, the officers shall attach to the application a written list of recommendations and return the same to the Borough Clerk, who shall in turn return the application to the applicant. If the premises do comply, the officers shall attach thereto a certificate of approval. The Borough Clerk shall present the application with the certificates of approval to the Council. The Council shall thereupon cause to be made such further investigation of the premises and of the information set forth in the application as it may deem necessary and shall determine on the basis of the investigation and application whether or not such license shall be granted.
[1961 Code § 25.04; Ord. No. 454; 1972 Code § 113.015]
The annual fee for a tourist lodge or motel is $12.50 for each housing or lodge unit. The license fee is hereby declared to be for the purpose of revenue.
[1961 Code § 25.05; 1972 Code § 113.020]
On application made for setting forth the same matters required to be set forth in connection with an original application for a license, the Council, with the consent of the licensee and upon payment of a fee of 10% of the annual license fee, may transfer to such applicant any license issued under this section. The ten-percent fee shall be retained by the Council whether the transfer is granted or not.
[1961 Code § 25.06; 1972 Code § 113.025]
Any change in any of the information set forth in the application during the term of the license shall forthwith be communicated by the licensee in writing to the Borough Clerk.
[1961 Code § 25.07; 1972 Code § 113.030]
a. 
Each licensee under this section shall at all times cause to be maintained on the licensed premises a register in which each person who is afforded accommodations on the licensed premises, or someone under his direction, shall write, in ink, his full and true name, address, and state license or registration number appearing on the motor vehicle then being used or operated by the registrant.
b. 
In addition to the foregoing information, the licensee shall cause to be written into the register, in ink, the number of the room or accommodations assigned to each registrant, the date and hour of registration, the name of the person who takes or accepts the registration, and the date when the occupant surrenders his room. Each registration shall be consecutively numbered in chronological order of registration.
c. 
The register shall be kept and preserved by the licensee, and shall be available on request at any hour of the day or night to any police officer of the Borough. The system of registration as described in the licensee's application shall not be altered in any manner unless the licensee shall first have applied for and received permission of the Council to do so.
[1961 Code § 25.08; 1972 Code § 113.035]
It shall be the duty of the Police Department to inspect the licensed premises from time to time, at any hour of the day or night, to determine that the provisions of this section are being complied with.
[Ord. No. 16-1999 § 2]
The sleeping accommodations used in the business of conducting tourist lodges or motels shall be rented only for the use of transient occupants and shall not be used or occupied under any permanent basis, and no such occupant shall be deemed to be a resident therein.
[Ord. No. 26-2003 § 1]
a. 
Purpose. It is the purpose of this subsection to implement the provisions of P.L. 2003, c. 114, which authorizes the governing body of a municipality to adopt an ordinance imposing a tax at a uniform percentage rate not to exceed 1% on charges of rent for every occupancy on or after July 1, 2003, but before July 1, 2004, and not to exceed 3% on charges of rent for every occupancy on or after July 1, 2004, of a room or rooms in a tourist lodge or motel subject to taxation pursuant to Subsection (d) of section 3 of P.L. 1966, c. 40 (N.J.S.A. 54:32B-3) which shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the occupancy of a tourist lodge or hotel.
b. 
There is hereby established a tourist lodge and motel room occupancy tax in the Borough of Ramsey which shall be fixed at a uniform percentage rate of 1% on charges of rent for every occupancy of a tourist lodge or motel room in the Borough of Ramsey on or after July 1, 2003, but before July 1, 2004, and 3% on charges of rent for every occupancy of a tourist lodge or motel room in the Borough of Ramsey on or after July 1, 2004, of a room or rooms in a tourist lodge or motel subject to taxation pursuant to Subsection (d) of Section 3 of P.L. 1966, c. 40, N.J.S.A. 54:32B-3 (sales tax).
c. 
The tourist lodge and motel room occupancy tax shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the occupancy of a tourist lodge or motel room.
d. 
In accordance with the requirements of P.L. 2003, c. 114:
1. 
All taxes imposed by this subsection shall be paid by the purchaser.
2. 
A vendor shall not assume or absorb any tax imposed by this subsection.
3. 
A vendor shall not in any manner advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the tax will be assumed or absorbed by the vendor, that the tax will not be separately charged and stated to the customer, or that the tax will be refunded to the customer.
4. 
Each assumption or absorption by a vendor of the tax shall be deemed a separate offense and each representation or advertisement by a vendor for each day that the representation or advertisement continues shall be deemed a separate offense.
5. 
The penalty for violation of the foregoing provisions shall be $1,000 for each offense.
e. 
The tax imposed by this section shall be collected on behalf of the Township by the person collecting the rent from the tourist lodge or motel customer. Each person required to collect the tax herein imposed shall be personally liable for the tax imposed, collected or required to be collected hereunder. Any such person shall have the same right in respect to collecting the tax from a customer as if the tax were a part of the rent and payable at the same time; provided that the Chief Financial Officer of the Borough shall be joined as a party in any action or proceeding brought to collect the tax.
[Adopted 6-27-2007 by Ord. No. 21-2007; amended in its entirety 8-10-2011 by Ord. No. 15-2011[1]]
[1]
Editor's Note: Subsequent amendments are noted where applicable.
As used in this section, the following terms shall have the meanings indicated:
AUTOMOBILE
A motor vehicle of a private-passenger, sport utility or station-wagon type that is owned or leased and is neither used as a public or livery conveyance for passengers nor rented to others with a driver; and a motor vehicle used for recreational purposes not customarily used in the occupation, profession or business of the owner(s).
BASIC TOWING SERVICE
The removal and transportation of an automobile from a highway, street or other public or private road, or a parking area or from a storage facility, and other services normally incident thereto, but does not include recovery of an automobile from a position beyond the right-of-way or berm, or from being impaled upon any other object within the right-of-way or berm.
COMMERCIAL VEHICLE
Any vehicle other than that defined as an automobile pursuant to the definitions as contained in this section.
INSIDE BUILDINGS
A vehicle storage facility that is completely indoors, having one or more openings in the walls, for storage and removal of vehicles and that is secured by a locking device on each opening.
MOTOR VEHICLE CRASH
An occurrence in which a private passenger automobile comes in contact with any other object for which the private passenger automobile must be towed or removed. This includes all situations that are accidental as to the owner or operator of the motor vehicle even if they were caused by the intentional acts of a perpetrator where the perpetrator was not the owner or operator of the motor vehicle.
OUTSIDE SECURED
An automobile storage facility that is not indoor and is secured by a fence, wall or other man-made barrier that is at least six feet high. The facility is to be lighted at night.
OUTSIDE UNSECURED
An automobile storage facility that is not indoors and is not secured by a fence, wall or other man-made barrier, and all other storage facilities not defined above as inside building or outside secured.
RECOVERY
To retrieve from a location off the roadway, upright a rolled over vehicle, or a vehicle is underneath or impaled onto another object.
STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
The maximum allowable amount to be charged by a storage facility for a twenty-four-hour period or fraction thereof. A new twenty-four-hour period begins at 12:01 a.m.
TOW VEHICLE
Only those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment specifically designed by its manufacturer for the removal or transport of motor vehicles.
TOW VEHICLE'S BASE OF SERVICE
The towing operator's principal place of business where the tow vehicle is stationed when not in use.
WINCHING
If a vehicle has flat tires and/or does not roll freely, then the vehicle must be winched.
a. 
The Ramsey Police Department shall appoint persons or companies meeting the criteria set forth in this section and engaged in the business of offering the services of a motor vehicle towing or wrecker service, whereby damaged or disabled motor vehicles are towed or otherwise removed from the place where they are damaged or disabled, by use of a tow vehicle, as defined in this section. Such persons or companies shall be known as "official towers."
b. 
Official towers shall be identified by means of a license that shall be issued in accordance with the provisions of this section.
c. 
Not less than 75 days prior to the beginning of each two-year term of an official tower's license, the Borough shall advertise for applications for towing licenses for providing towing services pursuant to this section. The advertisement shall be published in the legal newspapers of the Borough.
d. 
All applicants shall submit their applications at least 60 days prior to the commencement date for each two-year period, and the applications shall be reviewed in accordance with the procedures set forth in this section. The award of a license to the successful applicants shall be subject to compliance with the license requirements of this section.
e. 
For the purposes of the licenses to be awarded, pursuant to this chapter, licenses issued thereafter shall be for a two-year period commencing on January 12 of the year in which they were issued and terminating two years thereafter.
f. 
Notwithstanding the provisions of this section that provide for a two-year term of the license, official towers shall submit no later than December 1 of each year that the tow license is in effect, a detailed certification certifying that the official tower meets the requirements of this section in regard to the issuance of licenses. Said certification shall be submitted to the Ramsey Police Department for review and approval by the designated administrative officers. Failure to submit the certification or failure to continue to abide by the requirements of this section in regard to the issuance of a towing license shall subject the official tower to revocation of the license in accordance with the procedures contained herein.
a. 
Official towers shall furnish adequate and proper wrecking, towing, storage and emergency repair services to motor vehicles damaged or disabled within the limits of the Borough, when requested to do so by the Police Department.
b. 
No official tower shall subcontract any work to be performed pursuant to this section except in an emergency situation.
a. 
Applications for inclusion on the official towers list shall be made to the Borough Council upon a form prepared by the Police Department and approved by the Borough Attorney and shall contain all of the following information:
1. 
The name, residence and business address, and telephone number of the owner of the towing company. If the owner is a corporation, the application shall contain the name, residence and business address and telephone number of every stockholder owning more than 10% of the issued stock.
2. 
Such information as may be required by the Mayor and Council concerning the personnel, vehicles, equipment and storage facilities of such applicant, as hereinafter provided, showing that the applicant meets the minimum standards of performance.
3. 
Policies or certificates of insurance coverage as hereinafter provided.
4. 
The names and addresses of two business references who have known the applicant for at least two years.
5. 
Certification that the applicant will be able to provide towing services anywhere in the Borough with a maximum response time of 20 minutes, except when extraordinary circumstances occur.
6. 
Certification that the applicant will be available for service on business premises 24 hours a day, seven days a week and that he/she will abide by the fees contained in or referred to in this section.
7. 
Consent to certification that will consent to appointment of the Borough Clerk as the applicant's true and lawful attorney for the purpose of acknowledging service out of any court of competent jurisdiction to be served against the applicant.
8. 
A sketch plan showing the location of the storage area, the number of cars that can be stored and the total square footage area of the storage area.
9. 
Agreement to abide by the general rules and regulations established by the Police Department in connection with towing procedures within the Borough.
b. 
The applicant shall submit completed duplicate applications to the Borough Clerk who shall forward a copy to the Chief of Police for his review and approval. The review by the Ramsey Police Department shall consist of the following:
1. 
A background check to determine if either the applicant or the applicant's personnel have been convicted of a criminal offense or have had their driver's licenses suspended or revoked within the past year. The applicant shall cause each of its drivers to have a background check performed at a state approved facility prior to that driver performing any towing services in the Borough. The results shall be made available to the Borough Clerk, immediately upon request. Conviction of a criminal offense or suspension of a driver's license within the past year shall be a cause for disqualification from inclusion on the official towers list.
2. 
An inspection of the personnel, vehicles, equipment and storage area proposed to be utilized by the applicant to verify the accuracy of the information contained in the application and to determine compliance with applicable laws and regulations and the standards of performance required by this section.
c. 
An applicant may be included on the official towers list by the Borough Council, by resolution adopted at a regular public meeting, when, from a consideration of the application and from such other information as may otherwise be obtained, it finds that all of the following circumstances exist:
1. 
The applicant has not knowingly and with intent to deceive, made any false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this section.
2. 
The applicant has met the standards in this section and has forwarded the required hold harmless agreement and policies or certificates of insurance which shall be reviewed and approved by the Borough's risk management consultant.
3. 
The applicant has been reviewed and approved by the Police Department designee.
4. 
Neither the applicant nor the applicant's personnel have been convicted of a criminal offense or had their driver's licenses suspended within the past year.
d. 
The Chief of Police shall conduct a review and render a report to the Borough Council, recommending either approval or denial of the application within 45 days of receipt of the application. The Borough Council shall take action with regard to the application within 45 days of receipt of the report of the Police Department. The applicant, or its representative, shall be given notice of the date on which the Borough Council will consider the application and shall be permitted to appear and be heard at that time.
e. 
Written notice of the approval or denial of the application shall be provided to the applicant within seven days of the decision of the Borough Council.
f. 
If the Borough Council fails to take action within 60 days of receipt of a complete application, the application shall be deemed to have been denied.
a. 
Upon approval of the application as herein provided, the Chief of Police shall issue the applicant an official tower's license to be utilized providing services pursuant to this section.
b. 
Said license shall be in a form approved by the Borough Council.
c. 
The license shall be valid for the two-year period as set forth in this section, shall be nontransferable and shall be subject to revocation by the Borough Council for any of the following reasons:
1. 
If it is subsequently determined that the applicant knowingly and with intent to deceive, made false, misleading or fraudulent statements of material fact in the application or any other document required pursuant to this section.
2. 
Violation of any federal or state law or municipal ordinance or regulation relating to the operation of a motor vehicle or the provision of towing services.
3. 
Violation of any rule or regulation promulgated by the New Jersey Department of Insurance or the New Jersey Division of Consumer Affairs.
4. 
Unsatisfactory service provided pursuant to this section.
5. 
Failure to annually certify compliance with the requirements of this section as required.
d. 
The fee for the license issued under this section shall be $100 per year. The fee for the annual review of certification and inspection of vehicles and equipment submitted by the official tower pursuant to this section shall be $50.
e. 
Licenses shall not be transferable.
f. 
No license shall be issued for less than the full two-year period of the license nor should a license be issued at any other time during the two-year period.
To qualify for inclusion on the list of official towers, applicants must meet the following minimum standards:
a. 
Minimum vehicle requirements.
1. 
Every official tower shall own or lease for use in performing the services required by the license the following pieces of equipment:
(a) 
Two regular tow trucks.
(b) 
Two flatbed tow trucks.
(c) 
Two heavy-duty hydraulic wreckers, one with at least thirty-ton capacity and three-stage under reach.
2. 
Vehicle classes:
(a) 
Regular tow vehicles must be equipped with a boom or winch assembly mounted on the chassis, a dolly assembly, a tow sling or wheel lift assembly at least 100 feet of either three-eighths-inch or seven-sixteenths-inch wire rope attached to a motor-driven winch.
(b) 
Flatbed vehicles must be equipped with a winch or hydraulically operated bed that slides or tilts to accommodate transporting of vehicles.
3. 
Every official tower shall have available a heavy-duty wrecker and under reach that shall be rated at 35,000 pounds and shall be capable of towing new style buses and trucks with fiberglass front ends.
4. 
All equipment shall comply with all state and federal regulations.
5. 
Each applicant shall submit, along with its application, proof of ownership, lease or other written agreement demonstrating availability as needed of the vehicles that will be utilized to provide services pursuant to this section.
b. 
Minimum equipment requirements.
1. 
Every tow vehicle or flatbed vehicle shall be equipped with the following:
(a) 
At least one amber rotating beacon or strobe light mounted on the highest practical location of the vehicle, visible from 360º when in use and visible at a minimum distance of 500 feet during daylight hours.
(b) 
One snatch block per winch.
(c) 
Safety tow lights or magnetic tow lights for towing vehicles at night, amber colored.
(d) 
Appropriate chains/wire rope/nylon straps for pulling or securing a towed vehicle.
(e) 
At least one heavy-duty broom, a shovel, a crowbar or pry-bar, a set of jumper cables, a flashlight, one two-pound or larger fire extinguisher of dry chemical type, one dozen flares or similar warning devices for placement at the scene of an accident or behind a disabled vehicle, at least 40 pounds of dry sand or a drying compound for gasoline and oil spilled onto the roadway and a container of sufficient size to remove the used compound, a sufficient quantity and types of tools to enable the tow operator to perform proper and adequate emergency repair services for the tow.
2. 
Every tow vehicle or flatbed vehicle shall comply with any and all state, federal and local laws, regulations and ordinances pertaining to safety, lighting and towing equipment requirements and shall be subject to inspection by the Police Department at any time. No changes may be made to vehicles or equipment unless prior written approval is obtained from the Borough.
3. 
Every tow vehicle or flatbed vehicle shall display the official tower's license and shall have the name of the official tower displayed on the vehicle in such manner and of such lettering as conforms to the provisions of N.J.S.A. 39:4-46.
4. 
All towing operators' trucks must be equipped with two-way radio and/or mobile telephone communications equipment with their principal place of business, including their garage and/or office facilities, to ensure the proper availability of services and equipment on behalf of the Borough and motorists.
5. 
The towing operators' wrecker(s) and all other vehicles shall be properly licensed and registered with the New Jersey Division of Motor Vehicles.
(a) 
Towing operators' vehicles shall display New Jersey commercial license plates.
(b) 
All vehicles will be registered as tow trucks in the State of New Jersey.
(c) 
No vehicle may be listed on more than one application, nor can there be a transfer of vehicles between towers or multiple leasing of the same piece of equipment.
c. 
Minimum personnel requirements; availability and response time.
1. 
Official towers shall have available, at all times, a minimum of two persons to provide the services required by this section. All persons employed by official towers to provide the services required by this section shall meet the following requirements and be subject to the following regulations. They shall:
(a) 
Be competent mechanics able to provide minimum road service for disabled vehicles.
(b) 
Have a valid driver's license having no restrictions or conditional endorsements other than a condition requiring the wearing of eyeglasses.
(c) 
Be mentally alert and present a neat appearance at all times; at all scenes towers must wear bright yellow traffic vests.
(d) 
Obey all traffic laws and regulations.
(e) 
Be subject to inspection by the Police Department and shall be approved by the Borough prior to rendering any services pursuant to this section.
(f) 
Not have been convicted of a crime; not have had their driving privileges suspended or revoked within the past year.
(g) 
Possess a C.D.L. license for over 26,001 pounds.
2. 
Employees of the towing operator, in responding to a call, shall request and be afforded police assistance during the course of providing towing, emergency road services or removal of abandoned or crash vehicles.
3. 
A towing operator shall not permit a vehicle to be removed from the site of a vehicular crash, the scene of a crime or any other instance or situation without the prior approval and permission of a police officer at the scene.
d. 
Minimum storage requirements.
1. 
Every official tower shall maintain an outside secured storage area meeting the following requirements:
(a) 
The storage area shall be at lease 6,000 square feet dedicated for each company and capable of storing a minimum of 10 passenger vehicles and one tractor and trailer. The area shall have additional storage of at least 800 square feet of storage facilities to hold and protect police hold vehicles.
(b) 
The location of the towing facility and storage area shall be within a one-mile radius from any borderline of the Borough of Ramsey. The current towing facility and storage area for tow companies on the 2010 approved list are exempt from this subsection. This location is established to ensure reasonable response and towing distances.
(c) 
The storage area shall be fully enclosed by a sturdy fence having a minimum height of six feet, with at least one lockable gate for ingress and egress and shall be lighted from dusk to dawn.
(d) 
The storage area shall be in an area legally zoned for such use and the applicant shall present with the initial application the proof of certificate of occupancy or nonconforming use. The storage area shall have video surveillance. Each tow vehicle must be stored at the official tower's licensed site.
(e) 
The storage facility shall be available 24 hours a day, 365 days per year and shall be open to the public Monday through Friday 8:30 a.m. to 5:00 p.m. and Saturdays 9:00 a.m. to 3:00 p.m. The applicant is not required to be open on Sundays or holidays. If the owner of the vehicle requests that the vehicle be released after hours, there will be a fee of $60 for after-hours release.
(f) 
The official tower shall have an employee on duty during all hours in which the storage facility is open.
(g) 
The applicant shall, with its application, submit proof of ownership or lease of the storage area.
(h) 
The official tower shall be responsible for ensuring the proper and safe storage of all vehicles towed pursuant to this section. The official tower shall be liable for any damage incurred by such vehicles while in transit to or while stored in the storage area.
(i) 
No storage of any disabled vehicle or damaged vehicle shall be located on any public street or sidewalk.
(j) 
No additional fees or charges will result for moving a vehicle from one location to another for the purposes of storage.
a. 
Official towers shall be placed on the official towers list at the beginning of each two-year period in accordance with the procedures as set forth in this section. The official towers shall rotate on the list for one week at a time or for such period as designated by the Chief of Police. The one-week rotation shall commence at 12:00 a.m. Wednesday and terminate at 11:59 p.m. the following Tuesday.
b. 
The Borough shall request wrecking, towing and storage services from each official tower in rotation. When called, the tower shall advise the dispatcher if a vehicle is available and the estimated time of arrival. If no tow vehicle is available or if, in the discretion of the Borough official making the request, the response time is insufficient under the circumstances to properly protect the public health, safety or welfare, the next official tower on the list shall be called for that particular towing event. For the purposes of this section, any response time greater than 20 minutes is insufficient for all police service requests.
c. 
All requests for service shall be made by the Police Department.
d. 
The Police Department shall request service only from official towers; provided, however, that if no emergency or imminent road hazard exists, the Police Department shall request such service from such other person as the owner of the motor vehicle in need of such services may request; and provided further that, if none of the official towers are available or able to provide such services as are requested by the Police Department, or if an emergency exists, the Police Department may request such services from any other available source.
e. 
During adverse weather conditions, heavy traffic conditions or emergency conditions, official towers shall give priority to requests from the Borough over any other requests that may be received by the official towers.
The applicant shall agree in writing to assume the defense of and indemnify and hold harmless the Borough, its elected officials, boards, commissions, officers, employees and agents from all suits, actions, damages or claims, fees, costs, expenses, fines or penalties to which the Borough may be subjected of any kind and nature whatsoever resulting from, caused by, arising out of or as a consequence of the provisions of towing, wrecking, storage and/or emergency services provided at the request of the Borough pursuant to this section. Official towers shall enter into a hold harmless agreement in a form to be prepared by the Borough Attorney prior to being included on the official towers list.
The tower shall maintain during the life of its license, insurance policies of the type and with the minimum limits indicated below and in a form satisfactory to the Borough. The tower shall provide a certified copy of the policies and/or certificates of insurance satisfactory to the Borough with initial application. All policies and/or certificates shall be submitted to the Borough risk management consultant for review and approval.
a. 
Garage liability insurance. Limit of liability shall not be less than $1,000,000 combined single limit (bodily injury and property damage) per occurrence including premises operations and products/completed operations.
b. 
Automobile liability insurance; general property damage and liability insurance.
1. 
Automobile liability insurance. Limit of liability shall not be less than $1,000,000 combined single limit (bodily injury and property damage) per occurrence.
2. 
General property damage and liability insurance. Limit of liability shall not be less than $1,000,000 combined single limits.
c. 
Garagekeeper's insurance. Physical damage insurance policies shall be specifically endorsed to provide direct primary insurance, where applicable, for vehicles in tow, possession of, or storage on property owned or controlled by the tower. Limit of said coverage shall be not less than $100,000.
d. 
Excess umbrella insurance. Limit of liability shall be not less than $1,000,000 providing protection in excess of the $1,000,000 garage, auto liability coverage and general property damage and liability coverage.
e. 
On all liability policies, the Borough shall be added as an additional insured, and insurance policies and/or certificates shall indicate such coverage as primary coverage notwithstanding any insurance carried by the Borough.
f. 
Workers' compensation insurance: New Jersey statutory coverage, including employer's liability coverage.
g. 
The tower shall indemnify the Borough and the public against any loss due to injuries, accident or damages of any character whatsoever where any such damage is the result of an act or omission of the tower, his agents or employees in or due to the execution of the work called for under the contract.
h. 
Certified copies of all insurance policies provided above or certificates thereof satisfactory to the Borough of Ramsey shall be furnished forthwith. Each such policy or certificate shall contain a provision that it is not subject to material change, cancellation or nonrenewal unless 30 days' prior written notice via certified mail/return receipt shall have been given to the Borough of Ramsey by the tower's insurer. These must be received 30 days prior to commencement of work.
i. 
The providing of any insurance required herein does not relieve the tower of any of the responsibilities or obligations assumed by the tower for which the tower may be liable by law or otherwise.
j. 
If any policies contain deductible or co-payments, it shall be the responsibility of the tower to pay such sums at the same time a claim is settled by the tower's insurance company.
k. 
If any policies contain limits of liability with an aggregate limit, the tower or tower's insurance company shall provide the Borough quarterly during the policy period a statement evidencing the limits of liability required under the contract to be in force.
l. 
Policies of insurance required by this section shall be maintained in full force and effect at all times. In the event that any coverage is cancelled, terminated or coverage decreased in amount, same shall constitute a material breach of the license and the tower shall be immediately removed from the official towers list until such time as required coverage is reinstated.
m. 
All policies shall be written by either a company licensed to do business in the State of New Jersey or a New Jersey eligible Surplus Lines Company, with a minimum Best rating A-VII (A minus seven). They shall be written on an ISO (Insurance Services Office) form or better.
a. 
Fees for towing and storage of private passenger vehicles, damaged in an accident or recovered after being stolen, may not exceed the fees established by the New Jersey Department of Insurance pursuant to N.J.S.A. 17:33B-47.
b. 
The following is a fee schedule for basic automobile, motorcycles and motorized bikes towing services and heavy-duty recovery.
1. 
Mileage fees.
(a) 
Mileage fees are prohibited for towing within Ramsey or to a towing contractor's facility.
(b) 
Mileage fee: $4 per mile outside the Borough of Ramsey municipal boundaries, within the State of New Jersey.
2. 
Basic towing service anywhere within the Borough of Ramsey or to a storage yard (two-axle vehicle), 8,000 pounds and under:
(a) 
Towing rate: $100.
(b) 
Additional axles: $35 each.
3. 
Basic towing service within the Borough of Ramsey or to a storage yard (two-axle vehicle), 8,001 to 16,000 pounds:
(a) 
Towing rate: $200.
(b) 
Additional axles: $35 each.
4. 
Motorcycle rate: $100.
5. 
Heavy-duty towing within the Borough of Ramsey or to a storage yard (16,001 pounds and over):
(a) 
Rate is per hour with a one-hour minimum: $325.
(b) 
Driveshaft removal: $45.
(c) 
Brakes release: $45.
6. 
Air cushion device in heavy-duty recovery: rate of $550 per hour.
c. 
The following is a fee schedule for storage services of all types of vehicles:
1. 
Inside building, storage facility (per calendar day):
(a) 
Ten thousand pounds and under: $45 per day.
(b) 
Each additional axle: $20 each per day.
2. 
Outside storage facility (per calendar day):
(a) 
Ten thousand pounds and under: $35.
(b) 
Additional axle: $20 each per day.
(c) 
Ten thousand one pounds and over: $75 per day.
(d) 
Tandem-axle truck: $100 per day.
(e) 
Tractor-trailer combo: $140 per day.
d. 
Emergency road service: $60.
1. 
Road service includes jump starts, bringing up to two gallons of fuel and tire change.
2. 
Vehicle lockouts: $75.
3. 
If a tow results, there will be no charge for road service, except cost of gas if placed in the vehicle's tank.
e. 
Rates for vehicle recovery and winching:
1. 
Light-duty:
(a) 
Winching (car does not roll or has flat tires): $75.
(b) 
Off-road recovery or uprighting vehicle: $150 per hour.
2. 
Medium duty:
(a) 
Winching/off-road recovery $150 per hour.
3. 
Heavy-duty:
(a) 
Winching/off-road recovery or uprighting: $425 per hour.
f. 
Additional services:
1. 
Axle/driveshaft removal: $45.
2. 
Hookup Air: $25.
3. 
Crash wrap (if windows are broken or will not close):
(a) 
Per side window: $25.
(b) 
Front/rear window: $40.
4. 
Waiting time: $100 per hour to be charged in fifteen-minute increments with a fifteen-minute minimum, beginning after the first 30 minutes on scene.
5. 
Clean-up fees:
(a) 
Speedy dry: The use of Speedy Dry or other agent shall be charged at the rate of $25 per fifty-pound bag after the first bag. The first bag is included in the initial towing cost.
6. 
Extra personnel: $50 per hour per man.
7. 
Level 3 recovery supervisor: $90 per hour.
g. 
Heavy-vehicle recovery (Over 16,000 pounds):
1. 
To provide heavy-vehicle recovery, the Borough of Ramsey requires that the licensee have on scene a recovery supervisor with Level 3 certification from the Towing and Recovery Association of America (TRAA) or another nationally recognized certification. The certificate is to be included with the initial application.
2. 
To perform heavy-vehicle recovery under this section the licensee must:
(a) 
Visually document the recovery scene through photos or videotape.
(b) 
Prepare a written report of all procedures employed, actions taken, equipment used and manpower requirements to complete the recovery process in the safest manner and provide a copy to the vehicle owner with the statement of services.
(c) 
Prepare an itemized billing invoice for all services rendered.
3. 
If the licensee finds it necessary, due to the manner of the recovery to contract additional recovery service to supplement its equipment and manpower recovery, the contracted service providers must work under the supervision of the licensee. The licensee may not subcontract the entire recovery. In the event that a heavy-duty operator is unable to handle the recovery, then the next heavy-duty wrecker on the rotating list shall be called.
h. 
The fees set forth in this section do not apply to vehicles owned and/or operated by the Borough of Ramsey or any of its agencies. The towing of and special recovery services provided to any of the Borough's vehicles will be provided free of charge by the official tower.
a. 
Copies of this section and the schedule of fees that may be charged by official towers shall be made available to the public during normal business hours at the Borough Municipal Building. Copies shall also be made available to the public at each official tower's place of business.
b. 
All official towers shall post, in a prominent place at each storage area, clearly visible to the public, a schedule of the fees that may be charged for all services provided pursuant to this section.
c. 
The Borough reserves the right to make periodic unannounced inspections of the personnel, vehicles, equipment and storage areas of all official towers.
d. 
The relationship between an official tower and the Borough is one of an independent contractor. Neither party shall be construed in any manner whatsoever to be an employee of the other, nor shall any employee or agent furnished by any party be construed to be an employee or agent of the other party. Inclusion on the official towers list shall not be construed or considered as a joint venture, partnership, association, contract of employment or profit-sharing agreement.
e. 
The municipality shall not be liable or responsible for compensating the official towers for any of the services performed under this section unless those services are performed for the Borough vehicles. Compensation shall be the responsibility of the owner of the towed motor vehicle, and the official tower shall proceed directly against the owner.
f. 
The official tower shall, at all times, be solely responsible for the conduct of its employees. No licensee shall discriminate as to hiring or employment practices. Licensees shall be required to sign a nondiscrimination statement.
g. 
Each tower shall keep and maintain adequate and complete records showing all vehicles towed stored and released, all services rendered and all fees charged and collected. All records shall be available for inspection by the Borough at any time during normal business hours. Records shall be kept and maintained by the official tower at one central location and shall be retained for a period of seven years. Records may be written, printed or computerized as long as the requirements of this paragraph are met.
h. 
The official tower shall comply with all state and federal laws and regulations concerning wages, hours and terms of employment.
i. 
Credit cards. All official towers must accept credit card or cash as payment for all towing and storage services referenced in this section.
a. 
In the event a complaint is received by the Borough of Ramsey involving the improper or unsatisfactory performance of services by an official tower, in violation of this section, excessive charges or damage to a motor vehicle while in custody of the tower, written notice of same shall be provided by the Chief of Police to the official tower involved. The tower shall have the opportunity to respond in writing within seven days.
b. 
Within 14 days of receipt of the tower's response, or within 21 days of receipt of the complaint, if no response is received, the matter shall be presented by the Chief of Police to the Mayor and Council.
c. 
The Mayor and Council shall, thereafter, consider the matter at the regular public meeting and may request that the complainant and the tower involved appear and give testimony regarding the complaint.
d. 
Decision.
1. 
After considering the matter and the evidence presented, the Mayor and Council shall make certain findings and conclusions relative to the complaint which shall constitute their decision.
2. 
If the Council finds in favor of the complainant and against the official tower, the Council may consider and impose the following penalties:
(a) 
Suspension of the official towers' license;
(b) 
Revocation of such license for a fixed period or duration;
(c) 
Permanent revocation of the official towers' license;
(d) 
Such other penalty as the Mayor and Council deems just and appropriate under the circumstances.
3. 
In considering the imposition of a suspension, revocation or other penalty, the Council shall take into account factors including, but not limited to, any prior violations of the tower, the nature and seriousness of the complaint, the danger to the health, safety and welfare of the public.
e. 
Failure to surrender the license upon revocation shall constitute a violation of this section.
f. 
Nothing contained herein shall prevent or limit the right of any person to commence or maintain an action for damages or any other relief directly against an official tower in a court of competent jurisdiction.
a. 
Any person who shall violate any of the provisions of this section shall, upon conviction, be punished by a fine not to exceed $1,000; and each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
b. 
In addition to the fine provided above, a violation of any of the provisions of this section shall be cause for suspension or revocation of the official tower's license.
c. 
The Borough Police Department or any member thereof is hereby declared to be the enforcement agency of this section in accordance with due process of law.
[Adopted 10-26-2011 by Ord. No. 22-2011]
[Amended 3-14-2012 by Ord. No. 04-2012; 6-27-2012 by Ord. No. 11-2012]
a. 
No person shall own and/or operate a massage establishment in the Borough of Ramsey, Bergen County, New Jersey, without first having obtained a license from the Borough Clerk on advice and consent of the Chief of Police to do so. The license, when issued, shall not be construed to grant a certificate of occupancy or approval for the use of any premises or location.
b. 
No person shall be engaged or employed in the Borough of Ramsey, Bergen County, New Jersey, as a massage practitioner for which any form of compensation is charged or accepted without first having obtained a license from the Borough Clerk on advice and consent of the Chief of Police to do so. The license, when issued, is personal and shall not be construed to grant a certificate of occupancy for the use of any premises or location.
As used in this section, the following terms shall have the meaning indicated:
EMPLOYEE
Any person other than a massage practitioner who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons.
HEALTH OFFICER
Person(s) who provides municipal sanitarian/health services.
LICENSEE
The operator of a massage establishment.
MASSAGE
Any method of pressure on or friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands, feet or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oil, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where any person, firm, association or corporation engages in, carries on or permits to be engaged in or carried on any of the activities mentioned in the definition of "massage."
MASSAGE PRACTITIONER
An individual who has taken courses in massage therapy and has received a diploma or certificate of completion in the area of massage therapy from an educational institution offering degrees and/or certifications in massage therapy and approved or accredited by the State Department of Education within this state or an equivalent governing body within this state; an individual who is a member of a national association or certification board and meets all requirements as outlined by the Board of Nursing, State of New Jersey.
PATRON
Any person who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give other consideration therefor.
PERSON
Any individual, copartnership, firm, owner, association, joint-stock company, corporation or combination of individual of whatever form or character.
[Amended 3-14-2012 by Ord. No. 04-2012]
SEXUAL OR GENITAL AREA
Genitals, anus or perineum of any person or the breasts or vulva of a female.
[Amended 3-14-2012 by Ord. No. 04-2012]
a. 
Massage establishment. No license shall be issued to any person, as defined in Subsection 4-14.2 above:
1. 
Under 18 years of age.
2. 
Convicted of:
(a) 
A crime of moral turpitude; and/or
(b) 
An offense involving sexual misconduct; and/or
(c) 
Obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering.
3. 
Unless the applicant accurately and correctly completes a comprehensive written application, in a form to be provided by the Police Department, which application, among other things, requires a detailed description of the applicant, to include photographing and fingerprinting.
[Amended 8-28-2013 by Ord. No. 10-2013]
4. 
Unless a license fee of $100 per massage establishment is received; except however that the license fee for a single owner/practitioner with no employees shall be $25. An initial fee will be imposed for fingerprinting.
[Amended 9-14-2012 by Ord. No. 18-2012]
5. 
Unless the massage establishment is in compliance with the standards and applicable laws pertaining to massage therapy as required by the New Jersey Board of Nursing.
6. 
Unless documentary proof of liability insurance is submitted.
b. 
Massage practitioner. No license shall be issued to any "person," as defined in Subsection 4-14.2 above:
1. 
Under 18 years of age.
2. 
Convicted of:
(a) 
A crime of moral turpitude; and/or
(b) 
An offense involving sexual misconduct; and/or
(c) 
Obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering.
3. 
Unless documentary proof is submitted to the Chief of Police establishing the applicant's satisfactory completion of a minimum of 500 hours study of massage anatomy or physiology.
4. 
Unless that person is in compliance with the standards and applicable laws pertaining to massage therapy as regulated by the New Jersey Board of Nursing.
5. 
Unless that person is a member of a nationally recognized massage therapy association.
6. 
Unless the applicant accurately and correctly completes a comprehensive written application, in a form to be provided by the Police Department, which application, among other things, requires a detailed description of the applicant, to include photographing and prior employment of the last five years, to include addresses and points of contact.
[Amended 8-28-2013 by Ord. No. 10-2013]
7. 
Unless a license fee of $25 is received.
8. 
A copy of the New Jersey State massage license (note that a "pending" status will be allowed to practice massage).
[Amended 8-28-2013 by Ord. No. 10-2013]
[Amended 3-14-2012 by Ord. No. 04-2012]
The massage establishment license as well as the license of every massage practitioner shall be maintained at the massage establishment and shall be available for inspection.
[Amended 3-14-2012 by Ord. No. 04-2012; 9-14-2012 by Ord. No. 18-2012; 8-28-2013 by Ord. No. 10-2013]
a. 
Massage establishment. Every massage establishment license issued pursuant to this section shall expire at the end of two years or unless sooner suspended or revoked and may be renewed upon compliance with the licensure requirements above, except that the renewal fee shall be $50. The renewal fee for a single owner/practitioner with no employees shall be $10.
b. 
Massage practitioner. Every massage establishment license issued pursuant to this section shall expire at the end of two years or unless sooner suspended or revoked and may be renewed upon compliance with the licensure requirements above, except that the renewal fee shall be $10.
a. 
Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.
b. 
(Reserved)[1]
[1]
Editor's Note: Former Paragraph b, which required the posting of rates and certain operating procedures, was repealed 8-28-2013 by Ord. No. 10-2013.
c. 
All employees, including massage practitioners, shall be clean and wear clean, nontransparent outer garments, covering the sexual and genital areas.
d. 
All massage establishments shall provide clean, laundered sheets and towels in sufficient quantity which shall be laundered after each use thereof and stored in a sanitary manner.
e. 
The sexual or genital area of patrons must be covered by towels or cloths when in the presence of an employee or massage therapist.
[Amended 3-14-2012 by Ord. No. 04-2012]
f. 
It shall be unlawful for any person, knowingly, in a massage establishment, to place his or her hand upon, to touch with any part of his or her body or to fondle in any manner a sexual or genital area of any other person.
g. 
No massage therapist, employee or operator shall perform, offer or agree to perform any act that would require the touching of the patron's genital area.
h. 
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned each day.
[Amended 3-14-2012 by Ord. No. 04-2012]
a. 
The conviction of any applicant, licensee or massage practitioner of any sexually related offense related to the massage establishment may constitute forfeiture of the license of the massage establishment and massage practitioner, and said license may be deemed revoked.
b. 
Any establishment employing the use of any massage practitioners not possessing a New Jersey State and Ramsey Borough license shall constitute a forfeiture of the license of the massage establishment, and said license shall be deemed revoked.
[Amended 8-28-2013 by Ord. No. 10-2013]
c. 
Any other violation of this section shall constitute a forfeiture of the license of the massage establishment and massage practitioner, and said license shall be deemed revoked.
d. 
Any establishment or practitioner having his or her license revoked must fully reapply and be approved for the issuance of a new license.
[Amended 6-27-2012 by Ord. No. 11-2012]
e. 
Any establishment becoming aware of any agreed upon and/or performance of any sexually related act involving a practitioner(s) and patron inside the establishment, shall terminate said practitioner(s). Immediate notification shall be made to the Ramsey Police Department specifying the date, time, and practitioner(s) involved. Compliance with this paragraph shall not constitute a forfeiture of the license of the massage establishment.
[Amended 3-14-2012 by Ord. No. 04-2012; 8-28-2013 by Ord. No. 10-2013]
a. 
For a violation of any of the provisions of this section, an offender shall be liable to a penalty of not more than $500 for a first offense, $750 for a second offense and $1,000 for a third and subsequent offense.
b. 
In addition to the fines as set forth in Paragraph a above, any violation by the licensee of any of the provisions of this section shall be grounds for immediate revocation of a Borough-issued license.
c. 
A Borough-issued license may be revoked by the Borough Police Chief or Borough Administrator by reason of the violation of the terms of the subject ordinance.
[Added 8-28-2013 by Ord. No. 10-2013]
Any person aggrieved by the action of the Chief of Police or Borough Administrator in the denial or revocation of a Borough-issued license as provided in this section shall have the right of appeal to the Mayor and Council. The licensed person or applicant must be granted a hearing by the Borough Council or its designee. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of has been mailed to the person's last known address, a written statement setting forth fully the grounds for the appeal. The Council or its designee shall set a time and place for hearing of such appeal, and notice of such hearing shall be given to the appellant. The decision and order of the Council or its designee on such appeal shall be final and conclusive.
[Amended 3-14-2012 by Ord. No. 04-2012; 8-28-2013 by Ord. No. 10-2013]
The business operation is subject to unannounced Department of Health and Police Department visits to insure the protection of the citizens.
[Adopted 6-22-2016 by Ord. No. 13-2016]
As used in this section, the following terms shall have the meanings indicated:
BARBER
Any person who is licensed to engage in any of the practices encompassed in barbering.
BARBERING
Any one or combination of the following practices when done on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when done for payment either directly or indirectly or when done without payment for the general public:
a. 
Shaving or trimming of the beard, mustache or other facial hair;
b. 
Shampooing, cutting, arranging, relaxing or styling of the hair;
c. 
Singeing or dyeing of the hair;
d. 
Applying cosmetic preparation, antiseptics, tonics, lotions or creams to the hair, scalp, face or neck;
e. 
Massaging, cleansing or stimulating the face, neck or scalp with or without cosmetic preparations, either by hand, mechanical or electrical appliances; or
f. 
Cutting, fitting, coloring or styling of hairpieces or wigs, to the extent that the services are performed while the wig is being worn by the person.
BARBERSHOP
Any establishment engaged in the practice of barbering for the public.
DESIGNEE
Any person designated by the Health Officer to act for him/her in the performance of his/her duties.
DISINFECTANT
An Environmental Protection Agency (EPA) or New Jersey Department of Environmental Protection registered product with demonstrated bactericidal, virucidal and fungicidal activity used in accordance with manufacturer's instruction.
HAIRDRESSER/COSMETICIAN or COSMETOLOGIST-HAIRSTYLIST
Any person who is licensed to engage in the practices encompassed in cosmetology and hairstyling.
HAIRDRESSING AND COSMETOLOGY
Any one or combination of the practices as outlined in N.J.S.A. 45:5B-3(j) when done on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when done for payment either directly or indirectly or when done without payment for the general public.
HAIRDRESSING OR COSMETOLOGY SHOP/SALON
Any establishment engaged in the practice of hairdressing, cosmetology, or barbering for the public.
HEALTH OFFICER
The Health Officer of the Borough of Ramsey or his/her duly authorized representative.
NAIL SALON/SHOP
Any establishment engaged in the practice of cutting, shaping, polishing or enhancing the appearance of the nails of the hands or feet, including but not limited to the application and removal of sculptured or artificial nails.
NAIL TECHNICIAN
A person who, for compensation, cuts, shapes, polishes or enhances the appearance of the nails of the hands or feet, including but not limited to the application and removal of sculptured or artificial nails.
OPERATOR
A person who owns, leases, or manages a shop/salon, or any licensed person performing barbering, hairdressing, cosmetology, manicuring or waxing.
OWNER
A person who owns a shop/salon establishment and is responsible for upholding the regulations of this section in all areas of the establishment.
PERSON
An individual, firm, partnership, company, corporation, trustee, association or any public or private entity.
PERSON IN CHARGE
The individual present in a barbershop or hairdressing and/or cosmetology salon/shop or nail salon/shop that is the apparent supervisor of the barbershop or hairdressing and/or cosmetology shop/salon or nail salon/shop at the time of inspection. If no individual claims to be a supervisor, then any employee present is deemed to be the person in charge for the purposes of this section.
SANITARY CONDITIONS
Safe and clean shop/salon conditions that prevent the spread of communicable diseases and protect the public's health and welfare.
WAXING
The temporary removal of superfluous hair from the hair follicle on any area of the human body through the use of a physical (wax) depilatory or by tweezing.
WORK STATION
A chair, countertop and floor space set aside for the purpose of serving a customer, including floor space for the operator to stand while serving the customer.
WORKING AREA
A separate room with more than one work station, or a private room set aside to serve one customer at a time.
a. 
License required.
1. 
No person shall operate any barbershop, hairdressing, cosmetology salon/shop or nail salon/shop without having a valid license issued by the Board of Health. Only a person who complies with the requirements of this section shall be entitled to receive or retain such a license.
2. 
Every barbershop, hairdressing, cosmetology salon/shop or nail salon/shop must comply with local planning and zoning regulations and all other applicable ordinances before being issued a license.
3. 
Applications for a license shall be made on forms furnished by the Health Officer. All licenses are valid for one year or a portion thereof and expire December 31 of each year.
4. 
No license shall be issued or renewed until a completed application has been submitted, the license fee has been paid and the applicant's barbershop or hairdressing and/or cosmetology salon/shop or nail salon/shop meets the requirements set forth in this section and all other applicable state and local regulations.
5. 
Licenses shall not be transferable from person to person or from location to location. Any planned change in ownership of a facility must be reported promptly to the Board of Health and such changes must be approved by the Board of Health prior to the issuance of an operating license.
6. 
Licenses must be displayed in a prominent location within the establishment where patrons can observe it.
7. 
All applications for the renewal of licenses and the fees thereof that are not received by February 1 of the year following that during which the current license expires shall be subject to a late fee as per the prevailing Board of Health fees ordinance.
b. 
Annual inspections.
1. 
The Health Officer shall promulgate such rules and procedures as are necessary to ensure compliance with this section.
2. 
At least once a year, the Health Officer or his/her designee shall inspect each barbershop, hairdressing and/or cosmetology shop/salon and nail salon/shop and shall make as many additional inspections as are necessary for the enforcement of this section.
3. 
The Health Officer or his/her designee, after proper identification, shall be permitted to enter, during normal operating hours, any portion of any barbershop or hairdressing and/or cosmetology shop/salon or nail salon/shop for the purpose of making inspections to determine compliance with this section.
4. 
In the event that the Health Officer or his/her designee finds unsanitary conditions in the operation of a barbershop or hairdressing and/or cosmetology shop/salon or nail salon/shop, or if a violation or multiple violations occur, the Health Officer or his/her designee may immediately issue a written notice to the license holder, or person in charge, citing such conditions, specifying the corrective action to be taken and time frame within which such action shall be taken. If corrective action is not made in the allotted time, the licensee may be fined or his or her license suspended.
c. 
Expiration date. Licenses shall expire December 31 of each calendar year.
a. 
General cleanliness. Each salon/shop shall be maintained to provide a safe and sanitary environment. All facilities shall be kept clean, sanitary and in good repair.
b. 
Disinfection of reusable equipment:
1. 
After each use on a patron, any tool or part thereof which comes into contact with the head, face or neck of the patron, such as razors, scissors, tweezers, combs and vibrating trimmers, shall be thoroughly cleaned and disinfected.
2. 
After each use on a patron, all electrical and nonelectrical instruments shall be thoroughly cleaned to remove foreign matter, treated with an approved disinfectant and stored in a protected manner until next use.
3. 
Disinfectants shall be changed in accordance with the manufacturer's instructions to ensure complete disinfection. No sediment from the item being disinfected shall be allowed to remain in the bottom of the disinfection container.
c. 
Disposable and single-use equipment:
1. 
Disposable or single-use articles shall be disposed of in a waste receptacle after use on each patron unless stored in a separate closed clean container labeled with the patron's name and used only on that patron.
2. 
All disposable or single-use articles that come into contact with blood and/or body fluids shall be enclosed in sealed plastic bags prior to being placed in the waste receptacle.
3. 
All sharp or pointed articles shall be disposed of in a punctureproof container.
d. 
Sanitation of foot spas and water baths:
1. 
An antimicrobial additive shall be placed in each foot spa or waterbath during use.
2. 
After each patron, the shop/salon shall drain all water and debris, properly disinfect and dry the foot spa or waterbath.
3. 
At the end of the day, the shop/salon shall remove and immerse any filter in disinfectant and flush the foot spa or water bath with low-sudsing soap and water, and then disinfect and air dry the foot spa or water bath.
e. 
Towels:
1. 
Clean, properly laundered or disposable towels shall be used for each patron.
2. 
All linens and towels shall be deposited in a covered cleanable receptacle after use by a patron.
3. 
Clean towels and linens shall be stored off the floor in a clean, protected location.
f. 
Cosmetics:
1. 
When only a portion of a cream, liquid, powder or other cosmetic preparation is to be removed from the container, it shall be removed in such a way as not to contaminate the remaining portion.
2. 
Multi-use of cosmetic applicators is prohibited. This includes the use of lipsticks, powder puffs, makeup brushes and sponges which are not disposable.
3. 
Lotions and powders shall be dispensed from a sanitary self-dispensing container.
g. 
Operators:
1. 
Operators shall thoroughly wash their hands with soap and water immediately after using the toilet, eating or smoking. Before serving each customer, operators shall thoroughly wash their hands with soap or hand sanitizer.
2. 
All operators shall have an exclusion policy for people with a communicable disease that may be transmitted through the services of a barber, hairdresser, cosmetologist, or nail technician.
3. 
No individual shall perform procedures requiring licensure by the New Jersey State Board of Cosmetology without possessing such a valid license.
4. 
No individual shall perform procedures requiring licensure by the New Jersey State Board of Cosmetology without having such a license visible and present at all times.
h. 
Water and plumbing:
1. 
Every shop/salon must have an approved water supply with sufficient hot and cold running water under pressure.
2. 
All plumbing fixtures must be protected against back-siphonage or backflow.
3. 
Plumbing fixtures shall be clean and free from debris.
i. 
Toilet and sink facilities:
1. 
Each shop/salon shall provide adequate toilet and handwashing facilities for patrons and employees.
2. 
Toilet and handwashing facilities shall be in working condition at all times, and kept clean and sanitary.
3. 
Each handwashing sink shall have a soap dispenser and disposable towels or an air dryer for hand drying.
4. 
Handwashing signs stating "All employees must wash their hands before returning to work" or words of similar meaning shall be posted conspicuously in all toilet rooms and at each separate lavatory facility in the establishment.
j. 
Lighting and ventilation:
1. 
Lighting shall be sufficient to provide adequate illumination in the work area.
2. 
The shop/salon shall be properly and adequately ventilated to remove excess heat, vapors, and odors.
3. 
Windows and doors shall be effectively screened against insects, rodents and other vermin. Insect and vermin entry must be otherwise precluded at all times.
k. 
Floors, walls and ceilings:
1. 
Floors, walls and ceilings shall be kept clean and in good repair.
a. 
In addition to meeting the requirements of N.J.A.C. 13:28-2.5(a), (a)1, (b), and (c), all manicuring shops shall contain the following:
1. 
At least one sink in the work area with hot and cold running water.
2. 
A designated area for cleaning and disinfecting implements and tools.
3. 
One ultrasonic unit for cleaning metal implements and tools.
4. 
A clean, closed receptacle for storage of sanitized implements and tools at each work station.
5. 
A closed container for linens.
6. 
A closed container for soiled linens.
7. 
A closed waste container at each work station.
8. 
A dispensary or place where supplies are prepared and dispensed.
9. 
Such other equipment as is necessary to provide those services offered by the shop in a safe and sanitary manner.
b. 
All licensed manicuring shops shall display the following notice in a location clearly visible to all patrons:
NOTICE
This shop and the operators herein are licensed to engage in the practice of manicuring and pedicuring and temporary removal of hair by the State Board of Cosmetology and Hairstyling, an agency of the New Jersey Division of Consumer Affairs. Any member of the consuming public having a complaint concerning the manner in which this practice is conducted may notify the State Board of Cosmetology and Hairstyling or the New Jersey Division of Consumer Affairs, PO Box 45003, Newark, New Jersey 07101.
a. 
Failure to comply with the provisions of this section and applicable state regulations shall be grounds for suspension of any license issued under the provisions of this section.
b. 
The Health Officer may suspend, without warning, prior notice or hearing, any license to operate a barbershop or hairdressing and/or cosmetology shop/salon or nail salon/shop if the operation constitutes an imminent hazard to public health, including, but not limited to, any one of the following:
1. 
There is an outbreak of an infectious, pathogenic or toxic agent capable of being transmitted to consumers.
2. 
There is an absence of potable water, supplied under pressure, in a quantity which, in the opinion of the Health Officer, is capable of meeting the needs of the facility.
3. 
There is a sewage backup into the facility.
4. 
An unlicensed individual is performing procedures requiring licensure by the New Jersey Board of Cosmetology.
a. 
Submission of plans. Whenever a barbershop, beauty parlor, nail salon or other similar personal grooming establishment is constructed or renovated, and whenever a structure is converted for such use or alterations are made that will significantly change the nature of the operation, plans and specifications pertaining to the health and sanitary aspects of the operation shall be submitted to the health authority for review and approval before construction, renovations or conversion is begun. The health authority shall review these plans and respond accordingly within 30 days of the date of submission. No barbershop, beauty parlor, nail salon or similar establishment shall be constructed, renovated or converted except in accordance with plans and specifications previously submitted to and approved by the appropriate health and construction authorities.
b. 
Preoperations inspection. Whenever plans and specifications are required to be submitted to the regulatory authority, the regulatory authority shall inspect the establishment prior to the start of operations to determine compliance with the requirements of this section.
a. 
The annual fee for licenses of the public establishments regulated herein are fixed as follows:
1. 
Beauty parlors, nail salons and barbershops shall be assessed as follows:
(a) 
Facility with one to four work stations: $75.
(b) 
Facility with five to 10 work stations: $100.
(c) 
Facility with 11 or more work stations: $150.
(d) 
Facility reinspection fee: $100.
b. 
License fees shall be paid to the Board of Health. The license fee under this section for the year in which this section takes effect shall be paid on or before 30 days from the effective date of this section and the license so issued in that first year shall expire on December 31 of the year that it becomes effective. Thereafter, all license fees shall be paid on or before February 1 or late fees will be added.
a. 
For any violation of any provision of this section, the following shall apply:
1. 
For any violation of any provision of this section, the Health Officer or his/her designee or any other law enforcement officer shall issue a summons and complaint, in usual form, returnable in the Municipal Court of the Borough of Ramsey or such other court as may be permitted by law.
2. 
Upon conviction, any person who violates any provision of this section shall be subject to a fine of not less than $50 nor more than $1,000 for the first offense, and a fine of not less than $50 nor more than $1,000 and imprisonment for 90 days for the second and subsequent offenses, or the maximum penalties otherwise permitted by law.
b. 
Each day (consisting of a twenty-four-hour period beginning at 12:01 a.m.) during which a continuing violation of this section subsists shall constitute a separate violation and shall incur the penalties set forth herein, at the discretion of the Health Officer or his/her designee.
[Adopted 5-10-2017 by Ord. No. 05-2017]
As used in this section, the following terms shall have the meanings indicated:
FOOD
Includes any substance used or intended to be used as food or drink for human consumption.
FOOD HANDLER
Any person who is engaged in or employed in preparing and processing food for sale intended for human consumption, whether for immediate on-premises or off-premises consumption, and who handles or comes in personal contact with such food.
PERSON IN CHARGE
Any person charged with the responsibility of overseeing the operations of the kitchen, including the supervision of employees engaged in the preparing, processing and sale of food or drink intended for human consumption, be it for on- or off-premises consumption. This does not include the manager of establishment who should already have a food manager's certificate.
a. 
No food establishment shall be open for business in the preparing, processing and sale of food or drink intended for human consumption without having a person in charge on the premises who has a current food handler's certificate.
b. 
At least one person in charge on each shift shall have a current food handler's certificate.
c. 
The food handler's certificate shall not be issued or granted to any person unless the person has first completed an approved course of general instruction in health education, sanitation, personal hygiene, food protection, dishwashing procedures and other related health matter.
a. 
No establishment shall operate for more than 30 days without the person in charge employed in that establishment submitting their food handler's certificate to the Board of Health.
b. 
No establishment shall operate for more than three months (90 days) without the person in charge employed in that establishment completing an approved course of instruction in food-handling techniques.
No person to whom a food handler's certificate is issued or granted shall give, loan, transfer or permit the same to be used by any other person, for any purpose whatsoever.
The provisions of this section shall be enforced by the Ramsey Police Department and the Board of Health of the Borough of Ramsey.
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $500.
[Adopted 3-28-2018 by Ord. No. 07-2018[1]]
[1]
Editor's Note: This ordinance superseded Ord. No. 03-2018, adopted 2-14-2018, which also adopted § 4-17, Tobacco shops, smoke shops, cannabis shops and electronic vapor substance inhalation shops.
The purpose of this section is to regulate the location and operation of retail purveyors of tobacco and tobacco products, cannabis, electronic vapor devices, electronic vapor inhalation substances, hookahs, and electronic/vapor substance inhalation shops in the Borough of Ramsey, Bergen County, New Jersey, in order to maintain the Borough's character, the diversity and vitality of the community's commercial areas, and the quality of life of Ramsey residents. It is presumed that establishing or preserving an appropriate and balanced mix of commercial business will more effectively serve to achieve this purpose as a strategy to maintain the economic health of the Borough's business districts and its suburban ambiance and will promote the redevelopment of the Borough's downtown area.
a. 
This section may be known and cited as "Tobacco Shops, Smoke Shops, Cannabis Shops and Vapor Inhalation Shops Regulations."
b. 
Definitions. The words and terms used in this section shall have the meanings as provided in this subsection. Where words or terms are not defined in this subsection they shall have the meanings ordinarily ascribed to them. Should any word, term or phrase defined in this subsection conflict with any other word, term or phrase defined in this section, the definitions provided in this subsection shall apply.
ADVERTISING
Media (printed, electronic or otherwise) that calls the public's attention to things for sale.
BOROUGH ADMINISTRATOR
The Borough Administrator of the Borough or the Borough Administrator's designee.
BUSINESS
Any sole proprietorship, joint venture, limited-liability company, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
CANNABIS
All parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin and/or oil extracted from any part of the plant; every compound, manufacture, salt, derivative, mixture, concentrate, or preparation of the plant, its seeds, or resin; and edible or topical products containing any of the above.
CANNABIS RETAILER
Any person that operates a store, stand, booth, concession, or other place at which sales, rentals, or other giveaways of cannabis products are made to purchasers for consumption or use.
CANNABIS SHOP
Any store, stand, booth, concession or other place which sells, manufacturers, grows, rents or gives away cannabis or any product containing cannabis or allows or permits the use or consumption of cannabis or any product containing cannabis.
1. 
The opening or commencement of any such establishment as a new establishment; or
2. 
The conversion of an existing establishment to a tobacco or smoke shop establishment or an electronic/vapor substance inhalation shop establishment as defined in this section; or
3. 
The relocation of any such establishment.
ELECTRONIC VAPOR DEVICE
Any device with a heating element, a batter, or an electronic circuit that provides nicotine or other vaporized liquids to the user in a manner that simulates tobacco products, shisha, herbs, or any other product that produces smoke.
ELECTRONIC/VAPOR INHALATION SUBSTANCE PRODUCTS
Cartridges, cartomizers, e-liquid, smoke juice, tanks, tips, atomizers, vaporizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic vapor devices.
ELECTRONIC/VAPOR SUBSTANCE INHALATION SHOPS
Those businesses where customers can smoke or inhale vapor from electronic/vapor inhalation substance products, commonly known as "electronic cigarettes," "e-cigarettes," "e-cigars," "e-cigarillos," "e-pipes," e-hookahs," "electronic nicotine delivery systems," and other similar devices.
EMPLOYEE
Any person who is employed by an employer for consideration for direct or indirect wages or profit, or is an independent contractor, agent or consultant of an employer and any person who volunteers his or her services for a nonprofit entity.
HOOKAH
A pipe commonly, but not always, made of glass, used for vaporizing and smoking tobacco, flavored tobacco, nonflavored tobacco, shisha, dried fruits, cannabis or other substances in which vapor or smoke is passed through a water basin before inhalation.
MINOR
Any individual who is less than 21 years old.
NONPROFIT ENTITY
Any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character-building, political, social, or other similar purpose, the net proceeds from the operation of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning of this section.
PERSON
Any individual, partnership, cooperative association, private or public corporation, limited-liability company, personal representative, receiver, trustee, assignee, or any other legal entity.
PUBLIC PLAYGROUND/PARK/RECREATION AREA
An area to which the public, and particularly minors, come to participate in athletic or recreational activities, whether or not such activities are supervised or organized. Such areas include, but are not limited to, publicly owned and maintained parks, athletic fields, playgrounds, picnic areas, any outdoor premises or grounds owned or operated by the Borough, a public or private school, child-care center, and any youth or recreational facilities that contain any play or athletic equipment used or intended to be used by minors.
SCHOOL
An institution of learning, whether public or private, preschool or day-care services, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning, a vocational or professional institution or an institution of higher education, including a community or junior college, college, or university.
SELF-SERVICE MERCHANDISING
Open display of tobacco products and point-of-sale tobacco-related promotional products that the public has access to without the intervention of an employee.
TOBACCO OR SMOKE SHOP
Any store, stand, booth, concession, or other place that either devotes a substantial portion of its display area (i.e., 15% or more of floor space) to tobacco products or devotes more than 16 cubic feet of shelf space for the display or sale of tobacco or drug paraphernalia to purchasers for consumption or use. This definition includes electronic vapor devices, electronic vapor inhalations substances and hookahs.
1. 
Any product containing tobacco leaf including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and
2. 
Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human lungs or mouth in smoke or vapor form, using any tobacco paraphernalia, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
TOBACCO RETAILER
Any person or entity that operates a store, stand, booth, concession, or other place at which sales, rentals, or other giveaways of tobacco products, electronic vapor devices, electronic vapor inhalation substances, and hookahs are made to purchasers for consumption or use.
TOBACCO VENDING MACHINE
Any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currently, or other things representative of value, that dispenses or releases a tobacco product.
1. 
The sale, lease or sublease of such establishment; or
2. 
The transfer of securities which constitute a controlling interest in such establishment, whether by sale, exchange, merger or similar means; or
3. 
The establishment of a trust, gift or other similar legal devise which transfers ownership or control of such establishment, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control.
ZONING CODE
Chapter 34 of the Borough Code of the Borough of Ramsey, Bergen County, New Jersey, as it may be amended from time to time.
No person shall cause or permit: i) the creation of a tobacco or smoke shop or an electronic/vapor substance inhalation shop; ii) any substantial enlargement of a tobacco or smoke shop or an electronic/vapor substance inhalation shop; or iii) the transfer of ownership or control of any tobacco or smoke shop or an electronic/vapor substance inhalation shop without first obtaining and maintaining a conditional use permit as provided in this section.
An application for a conditional use permit shall be approved by the Planning Board upon a determination that all of the following standards have been met.
a. 
The tobacco or smoke shop, or electronic/vapor substance inhalation shop, shall be located within a permitted zone. Tobacco or smoke shops, or electronic/vapor substance inhalation shops may be located only within the B-3 District. No such establishment shall be permitted to locate in any area outside such zoning classifications.
b. 
The tobacco or smoke shop, or electronic/vapor substance inhalation shop, shall meet the following minimum spacing and proximity requirements:
1. 
No tobacco or smoke shop, or electronic/vapor substance inhalation shop, shall be located within one mile of any other such shop.
2. 
No tobacco or smoke shop, or electronic/vapor substance inhalation shop, shall be located within 1,000 feet of any parcel of land zoned for residential use.
3. 
No tobacco or smoke shop, or electronic/vapor substance inhalation shop, shall be located within one mile of any parcel of land that contains any one or more of the following specific land uses:
(a) 
Religious facility;
(b) 
Courthouse;
(c) 
Day nursery/day-care facility;
(d) 
Public playground/park/recreation area;
(e) 
School;
(f) 
Vocational or professional institution; or
(g) 
Institution of higher education, including community or junior college, college or university.
4. 
No tobacco or smoke shop, or electronic/vapor substance inhalation shop, located in a building sharing one or more common walls with another retail or commercial establishment, or sharing common attic space with any other use, shall permit smoking or use of any electronic vapor device or hookah anywhere on the premises.
c. 
The tobacco or smoke shop, or electronic/vapor substance inhalation shop, shall be in substantial compliance with the requirements of all health and safety codes, including, but not limited to, the building code, fire code, electrical code, mechanical code and plumbing code. Unless delay is caused by refusal of applicant to schedule or permit timely inspection, substantial compliance shall be verified no later than 30 days following the application or the applicant shall be deemed to be in substantial compliance with such requirements for the purposes of permit issuance.
d. 
The tobacco or smoke shop, or electronic/vapor substance inhalation shop, shall be in substantial compliance with the development standards for the commercial zone in which the establishment is to be located, and with the general provisions of Chapter 34 relating to development standards and of Chapter 34 relating to sign regulations, except that, to the extent that provisions of this section may conflict or be more restrictive, Chapter 34 shall control.
e. 
The tobacco or smoke shop, or electronic/vapor substance inhalation shop, meets the following minimum specific standards:
1. 
No person or business shall engage in the sale of tobacco products, hookahs, electronic vapor devices and/or electronic/vapor inhalation substance products without first posting a plainly visible sign at the point of purchase of tobacco products, hookahs, electronic vapor devices and/or electronic vapor inhalation substance products that has wording similar to:
"THE SALE OF TOBACCO PRODUCTS, HOOKAHS, AND ELECTRONIC VAPOR DEVICES AND PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW AND SUBJECT TO PENALTIES. PHOTO IDENTIFICATION IS REQUIRED OF PURCHASERS APPEARING TO BE 26 YEARS OF AGE AND YOUNGER."
The letters of the sign shall be at least one-quarter inch high, as set forth in the New Jersey Department of Health Tobacco Control Regulations.
2. 
No person, business, tobacco retailer, or owner, manager, employee or operator of any establishment subject to this section shall sell, offer to sell or permit to be sold any tobacco or tobacco product, electronic vapor devices, hookahs and/or electronic/vapor inhalation substance products to an individual without requesting and examining identification of customers appearing to be 26 years and younger for the purpose of establishing the purchaser's age as 21 years or greater, unless the seller has some other clear or convincing basis for determining the buyer's age.
3. 
No person, business, tobacco retailer or other establishment shall sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings.
4. 
It shall be unlawful for any person, business or tobacco retailer to sell, permit to be sold, offer for sale or display for sale any tobacco product, electronic vapor devices and/or electronic/vapor inhalation substance products by means of self-service merchandising or by means other than vendor-assisted sales.
5. 
No person, business or tobacco retailer shall locate, install, keep, maintain, or use, or permit the location, installation, keeping, maintenance, or use on his, her or its premises, any tobacco vending machine for the purpose of selling or distributing any tobacco product.
6. 
It shall be unlawful for any person, business or tobacco retailer to distribute free tobacco products or promotional items, except in enclosed areas where minors are not permitted.
7. 
In addition to the standards in this section, each tobacco or smoke shop, or electronic/vapor substance inhalation shop, shall comply with each and every provision of this code.
Distance, without regard to intervening structures, shall be a straight line measured from the closest exterior structural wall of a tobacco or smoke shop or electronic/vapor substance inhalation shop to the closest property line of a religious facility, courthouse, day nursery, public playground/park/recreation area, school, residential zone, vocational or professional institution, institution of higher education, including community or junior college, college, university or other tobacco shops or smoke shops.
a. 
Cannabis shops and retailers.
a. 
Any person, firm or corporation violating any of the provisions of this section may be charged with either an infraction or a misdemeanor and shall be subject to the provisions of the penalty clause as set forth in § 1-5 of this Code.
b. 
Each person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which a violation of any subsection of this section is committed, continued or permitted by such person, and shall be punishable as provided for in § 1-5. Any use or occupation of any building or structure maintained contrary to the provisions of this section shall constitute a public nuisance.
This section shall not be interpreted or construed to permit tobacco vending machines and distribution of tobacco product samples where they are otherwise restricted by other applicable laws. Nor shall this section be construed to be cause for breach of any preexisting private contract, or cause for interference with regulations imposed by state or federal law or related to interstate commerce.