[HISTORY: Adopted by the Township Council of the Township
of Evesham 7-13-2010 by Ord. No. 7-5-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 150.
For the purposes hereof, as used in this chapter, the following
terms shall have the meanings indicated:
Any automobile or motor car used in the business of carrying
passengers for hire to provide prearranged passenger transportation
at a premium fare on a dedicated, nonscheduled, charter basis that
is not conducted on a regular route and with a seating capacity in
no event of more than 14 passengers, not including the driver, provided
that such a vehicle shall not have a seating capacity in excess of
four passengers, not including the driver, beyond the maximum passenger
seating capacity of the vehicle, not including the driver, at the
time of manufacture. Nothing in this definition contained shall be
construed to include taxicabs; hotel buses; buses employed solely
in transporting school children or teachers; vehicles owned and operated
directly or indirectly by businesses engaged in the practice of mortuary
science when those vehicles are used exclusively for providing transportation
related to the provision of funeral services; autobuses which are
subject to the jurisdiction of the Department of Transportation or
interstate autobuses required by federal or state law or regulations
of the Department of Transportation to carry insurance against loss
from liability imposed by law on account of bodily injury or death.
The location of the main place of business of the limousine
service in the municipality where limousine service is conducted,
where limousines are dispatched, or where limousine drivers report
for duty.
A.
If a limousine business or service has its principal place of business
located within the Township of Evesham, then all limousines owned
or used by that business or service and the drivers thereof shall
be licensed by the Township of Evesham.
B.
Each license issued under this chapter shall be valid for one year
and is subject to annual renewal.
Applications for licenses for limousines shall be made by the
owner, corporation, association, copartnership or joint-stock company,
or by the bailee, trustee or receiver thereof, on forms to be supplied
by the Township Clerk, and such applications shall contain or be accompanied
by the following:
A.
Full name and residence address of the applicant. If the applicant
is a corporation, partnership, limited liability company or other
business entity, the name and address of its registered agent.
B.
A description of the limousine(s) sought to be licensed, including
the year, the type of motor vehicle, the name of the manufacturer
and model, the vehicle identification number, license plate number
and seating capacity.
C.
An original certificate of insurance liability for all vehicles sought
to be licensed shall be attached to the application and the certificate
shall include, at a minimum, the policy number, the policy expiration
date, the vehicle(s) make and models, vehicle identification numbers
and insurance policy coverage limits.
D.
A certificate of continued occupancy as required pursuant to Evesham Township Land Use Regulations § 94-19.
E.
Those intending to operate as a home occupation shall provide evidence
of compliance with the Land Use Regulations of the Township of Evesham.
F.
A list of all drivers employed by the business, including copies
of each driver's state issued driver's license.
G.
A New Jersey business registration certificate.
No limousine license shall be issued until the applicant has
filed with the Township Clerk an insurance policy, of a company duly
licensed to transact business under insurance laws of this state,
in the sum of $1,500,000 against loss by reason of the liability imposed
by law upon every limousine owner for damages on account of bodily
injury or death suffered by any person as the result of an accident
occurring by reason of the ownership, maintenance or use of the limousine
upon any public street.
A.
Investigation. After submission of the application and requisite
fee by the applicant, the Township Clerk shall cause a criminal background
investigation of the applicant and any drivers, as provided, to be
made. If the applicant and/or driver possesses a current New Jersey
State-issued commercial driver's license with a passenger P endorsement,
the applicant and/or driver may submit a copy of such license in lieu
of the background investigation.
B.
Disapproval. If the investigation indicates that the applicant has
been convicted of an offense involving moral turpitude, or if the
application information is false or misleading in a material respect,
or if the applicant's moral character or business responsibility
or records of other offenses is of such a nature as to present a clear
and present danger to the public good, safety and welfare, the Township
Clerk may disapprove the issuance of the license.
C.
Approval. Upon being satisfied that the applicant is a qualified
applicant, the Township Clerk shall endorse his/her approval on said
application and shall issue the license or permit in the form provided
for by the Township Clerk.
D.
Renewal. Application for the renewal of licenses issued pursuant
to this chapter shall be made within 30 days of the expiration thereof
and in the manner provided herein.
Any change of business address under the provisions of this
chapter must be submitted in writing to the Township Clerk within
a period of 48 hours of such change of address and the license will
be subject to a revocation for any violation thereof.
All existing limousine companies having registered with the
Township of Evesham as of January 1, 2008, shall be exempt from the
requirements of this chapter and shall continue to file with the Township
as required by N.J.S.A. 48:16-13.
A.
Repealer. All ordinances or parts of ordinances inconsistent or in
conflict with this chapter are hereby repealed as to said inconsistencies
and conflicts.
B.
Severability. If any section, paragraph, subdivision, clause or provision
of this chapter shall be adjudged invalid or unconstitutional, such
adjudication shall apply only to the section, paragraph, subdivision,
clause or provision and the remainder of this chapter shall be deemed
valid and effective.
C.
Effective date. This chapter shall take effect immediately upon passage
and publication according to law.