A. 
The maximum number of Bayview Park recreational licenses shall be limited to four annual licenses. The Board of Commissioners may either reduce the number of annual licenses or add the number of annual licenses by way of resolution, but the Board of Commissioners may not exceed the total of four annual Bayview Park recreational licenses.
B. 
Bayview Park recreational licenses shall permit the licensee to use a specific number of slots in the Township-owned racks at Bayview Park, which number per license shall be set annually by resolution of the Board of Commissioners, to rent kayaks, stand-up paddleboards, and windsurfing boards to the public, the license to use designated portions of the basketball court and/or the beach, which area, square footage, and specific permitted uses shall be set by resolution of the Board of Commissioners. Each licensee shall be permitted to sell and/or rent goods limited to the rental and use of the kayaks, standup paddleboards, and windsurfing boards, that is sunscreen, hats, beach chairs, towels, and umbrellas. Each licensee shall be further permitted to sell and provide lessons relating to kayaking, stand-up paddle boarding, and windsurfing. Licensees shall not be permitted to sell kayaks, stand-up paddleboards, or windsurfing boards or any other item not related to the rental of the same and the specifically authorized recreational activities. Licensees shall not sell any food or beverages.
C. 
The Bayview Park recreational licenses shall be effective Memorial Day through Labor Day. Licensees shall not be entitled to any rights or engage in the permitted activities during any other time during the year. During that time period between Memorial Day through Labor Day, licensees are authorized to access and use Bayview Park between the hours of 7:00 a.m. to 8:00 p.m. Licensees shall not be permitted to set up at Bayview Park prior to 7:00 a.m. and shall have their goods, personnel, and temporary structures, if any, removed from the park by 8:00 p.m.
D. 
Licensees shall not be permitted to erect any tent on the beach area in any location that will interfere with the public's access to, use of, or recreational activities relating to the beach at Bayview Park.
E. 
Only one license shall be issued to an individual, corporation, company, partnership, or franchise in which an individual holds any interest. A license application for an individual shall not be accepted when a license is held by another entity in which the individual has an interest. A license for an entity other than an individual will not be accepted when a person with any interest in such entity holds or has an interest, ownership or managerial, in an entity holding a license in another name.
F. 
Licensees shall be responsible and liable for the care and maintenance of the Township racks licensed to them for use, as well as shall be responsible and liable for all Township property at Bayview Park used by the licensees. In the event that a licensee has damaged or otherwise failed to maintain and care for the Township property at Bayview Park, that licensee shall be liable for the repair or replacement of any Township property damaged by the licensee.
A. 
The fee to be charged for each Bayview Park recreational license shall be as annually fixed by the Board of Commissioners by resolution adopted at a meeting in February of each year, except that for 2016 the fee charged for each license shall be $2,000.
B. 
The appropriate application processing fees shall be set by the Municipal Clerk and shall be commensurate with and related to the costs associated with the application review, processing, and investigation as required and described in the application form.
A. 
The Municipal Clerk shall advertise the availability of the Bayview Park recreational licenses in the official municipal newspaper and shall also list the advertisement on the Township website. The advertisement shall provide that all applications are available at the Office of Municipal Clerk and must be received by the Municipal Clerk within 15 days from the date of publication in order to be deemed timely filed. If the 15th day falls on a holiday, weekend, or upon a day that the Office of the Municipal Clerk is closed, the application shall be due the next business day upon which the Office of the Municipal Clerk is open.
B. 
Applications shall submit two completed application forms with two original signatures and copies of the valid driver's licenses of all applicants or principal owners, shareholders, or members of the applicant.
C. 
The applications shall be granted in the order they are received, provided that the application is deemed complete. In the event that applications are received at the same time via regular or overnight mail and the total number of applicants received exceed the total number of available licenses, the Municipal Clerk shall select and prioritize the applicants by lottery by and through pulling the applicant's names from a hat.
D. 
The Municipal Clerk shall advise the applicant within 10 days of submission whether the application is complete or not, and in the event the application is incomplete, the applicant shall have an additional five days to complete the application and resubmit. If the application is still incomplete thereafter, it shall be rejected. In the event of a rejected application, the Municipal Clerk shall contact the next applicant in line and that applicant shall have 10 days to submit a completed application for consideration. Nothing herein contained, however, shall permit the resubmission of an application subsequent to the deadlines as aforesaid. No license shall be granted unless and until the licensee complies with all of the applicable requirements of this chapter.
E. 
All applications for licenses and renewal of licenses shall be processed by the Office of the Municipal Clerk for completeness and review of the application. Application forms shall be available at the Office of the Municipal Clerk and shall require information reasonably related to the subject activity and licensee, including, without limitation, the following.
(1) 
The name and permanent and local address of the applicant and trade name designation, if any. If the applicant be a partnership, the name and address of all partners must be disclosed. If the applicant is a closely held limited-liability company or corporation, the names and addresses of all stockholders must be disclosed. If the applicant is a publicly held corporation or franchisee, the name and address of the registered agent of the corporation, and franchisor and franchisee, as may be applicable must be disclosed.
(2) 
The names and addresses and other information required by the application as to the type of employees to be utilized by the applicant.
(3) 
A description of the nature of the business and the specific goods, property, and services to be rented, sold, and supplied by the applicant.
(4) 
A statement as to whether the applicant or the employees to be used by applicant have been convicted of any crime, the violation of any municipal ordinance, or traffic offense, and if so the nature of the offense, the date and place of conviction, and the sanctions imposed.
(5) 
Appropriate evidence as to the good character and business responsibility of the applicant, as may be required in the application form.
(6) 
Such other information as may be required by the application form and that relates to and is consistent with the purpose of this chapter, including, but not limited to, an indemnification, defense, and a hold harmless agreement in favor of the Township.
(7) 
Two copies of current sales tax certificate and two copies of a business registration certificate.
(8) 
Insurance.
(a) 
Two copies of current and valid proof of insurance as to the insurance required in Subsection E(8)(a)[1] below, and two copies of current and valid certificates of insurance naming Township as an additional insured as to the insurance required in Subsection E(8)(a)[2] below.
[1] 
Valid current insurance on any vehicles to be utilized with combined single limit-liability coverage in an amount of not less than $500,000 for personal injury and $500,000 for personal damage, or such higher limits as may be standard in the industry. Original certificates must be filed with the licensing authority with the application.
[2] 
Proof of valid current insurance for general liability and product liability coverage in an amount no less than $1,000,000 for personal injury or product liability and $1,000,000 for property damage.
(b) 
The Board of Commissioners may revise the foregoing insurance requirements by resolution. The application shall set forth the applicable insurance requirements effective at the time of the application.
F. 
Each applicant is required to complete and submit a New Jersey State Bureau of Investigation background check to the Township Police Department and each application shall be referred to the Chief of Police or the Chief's designee, who shall instigate investigation of the applicant's business, responsibility, moral character, and ability to properly conduct the licensed activity, as is necessary for the protection of the public health, welfare, and safety. Written investigation findings shall be provided to the Municipal Clerk within a reasonable time after the application has been filed. The Chief of Police or the Chief's designee may recommend, on a reasonable basis, against the approval of the applicant, in which case, the application shall be denied and the next applicant with priority shall be contacted by the Municipal Clerk.
A Bayview Park/Recreational licensee holding a license on December 31 of any year shall be given the right of first refusal in the next calendar year to renew the license pursuant to the following terms and conditions.
A. 
This provision shall be strictly construed to limit this right solely to the specific previous year owner as set forth in the previous year license. No license is transferable, and any change in ownership shall result in the loss of the right of first refusal. An owner entity may not necessarily retain the right of first refusal if the nature of the individual participants is substantially changed.
B. 
All such licensees from the prior year shall have until March 1 of the current year to apply for the grandfathered license. Failure to so apply by March 1 shall result in the loss of the right of first refusal. Any application for a grandfathered license shall require the submission of all documentation and application as though the applicant were applying for a new license.
It shall be unlawful for any person to engage in the activity defined herein without first obtaining and holding a license as herein required. Any violation of this chapter shall be considered an ordinance violation subject to the general municipal ordinance violation sanctions provided by law. Violations shall also affect licensure.