City of Somers Point, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Somers Point 12-9-2010 by Ord. No. 23-2010.[1] Amendments noted where applicable.]
Alarm devices — See Ch. 71.
Littering and property maintenance — See Ch. 169.
Mercantile licenses — See Ch. 174.
Precious metals and secondhand goods — See Ch. 207.
Editor's Note: This ordinance was adopted as Ch. 175, but was renumbered to maintain the organization of the Code.
All businesses not otherwise subject to licensing and regulation under Chapter 169 or Chapter 174 of the Code of the City of Somers Point shall be subject to the requirements of this chapter.
All such businesses shall, before beginning operation of the business and on an annual basis thereafter, complete a registration statement containing the following information:
Name under which the business is to be conducted.
Name and residence address and residence telephone number of the applicant. [If a corporation, give names and addresses of president and secretary; if a partnership, give names and addresses of all partners; if an LLC, give the name(s) and addresses of the managing member(s).]
Address and telephone number of the business to be conducted.
Nature of the business.
Name and address of registered agent, if applicant is a corporation, and copy of good standing certificate.
Name and address of the manager or daily supervisor in charge.
Copy of certificate or license issued by State of New Jersey or any governmental agency.
Occupancy load.
Number of exits.
Number of parking spaces.
Number of curb cuts.
Size of lot and zoning designation.
Any change from previous mercantile use.
Number of persons employed.
Days and hours of operation.
Whether the operation involves any flammable/combustible/hazardous materials, and, if yes, provide MSDS sheets.
Date of last fire inspection.
Indication as to whether sprinklers are required.
Date of last health inspection and status of same.
Registration of alarm with Somers Point Police Department.
Any outstanding zoning or planning violations.
Representation that all real estate taxes are paid and current.
It shall be the obligation to the applicant or other person in charge of said business to report to the City any change in the information set forth in Subsection A(1) through (7) above. All such changes shall be reported within 20 days of the event. No additional fee shall be paid for filing the amendment unless the ownership of the business, the business tenant or the type of business is changed, in which event the fee specified in this chapter shall be due and payable. Filing an amended registration statement does not relieve the person or entity from compliance with all other codes and ordinances of the City of Somers Point.
Forms for registration statements, as well as completed registration statements, shall be prepared and kept on file by the City Clerk.
Before beginning operation of the business, a certificate of occupancy shall be required.
Upon receipt of a registration statement, the City Clerk shall refer the statement to the proper officials for the making of appropriate investigations deemed necessary. The Building Inspector shall make or cause to be made any such inspections relative to the construction of buildings or other structures. The Zoning Officer shall make the appropriate zoning inspection. Any defects noted as a result of such investigations or inspections shall be corrected in accordance with the applicable provisions of the Code of the City of Somers Point.
Whenever inspections of the premises used for or in connection with the operation of the business are provided for or required by ordinance, or are reasonably necessary to secure compliance with any ordinance provisions or to detect violations thereof, it shall be the duty of the person in charge of the premises to be inspected to admit thereto, for the purpose of making the inspection, any officer or employee of the City who is authorized or directed to make such inspection, at any reasonable time that admission is requested.
There shall be imposed a fee of $100 per annum for each registration statement, which shall be due at the time the registration statement is submitted to the City Clerk. In the event the fee is not paid on or before the due date, a late fee of $35 shall be paid in addition to the regular fee. When the applicant has not engaged in the business until after June 30 of the then current calendar year, the fee shall be 1/2 of the full registration fee.
Any corporation subject to this chapter which has been certified by the Internal Revenue Service as a 501(c) not-for-profit corporation or association shall be obligated to file the registration statement, together with a copy of a valid Letter from the Internal Revenue Service verifying the not-for-profit status and a copy of a current good standing certificate issued by the State of New Jersey. Upon presentation of those attachments, the annual fee shall be waived.
The fees herein imposed are used primarily in an attempt to cover the costs of administration and of inspections of such businesses to ensure compliance with the laws of the state and the ordinances of this City. All such fees shall become a part of the general City treasury.
All registration statements shall be effective for a one-year period commencing on January 1 and ending on December 31.
All registration certificates shall be filed with the City Clerk prior to the 31st day of January with the exception that in calendar year 2011 the due date for filing of registration certificates shall be March 31, 2011.
All business registration certificates shall be posted on the premises, in a conspicuous place, at all times.
The proper enforcement of the provisions of this chapter shall be within the jurisdiction of the Zoning Officer of the City and, additionally, within the jurisdiction of any officers charged with providing the necessary inspections required by law or regulation.
Notwithstanding any other provisions of this Code, every business located in the City of Somers Point must have on file with the Police Chief an updated emergency information card that contains at least two names and phone numbers of those people to be contacted after business hours in reference to building security, damage or any occurrence that requires that access be gained to the facility in question. This requirement is mandatory whether or not the business is alarmed. This information should be updated annually, and changes should be reported immediately after they occur.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a term not to exceed 90 days, or both, in the discretion of the Court. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The penalty for repeat offender convictions shall be governed by Chapter 1, Article II, of the Code of the City of Somers Point.