[1]
Editor's Note: The general power to license and prescribe
license fees is contained in N.J.S.A. 40:52-1, et seq. Licensing is
also part of the general police power granted by N.J.S.A. 40:48-1,
et seq.
[1967 Code § 8-1.1; amended 11-27-2018 by Ord. No. 2018-34; 8-22-2023 by Ord. No. 2023-038]
a.
The purpose of this section is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses
and special events permits issued under this article.
b.
Special events.
1.
Special event defined. A special event shall be defined as an event,
gathering or activity which does not meet, or deviates from, the original
and approved design and/or use of an area or structure.
2.
Special event permit. A special event permit shall be required for
events and activities taking place within the Borough of Bound Brook.
Such events include, but are not limited to:
(a)
Any event that includes more than 25 unaffiliated members of
the public.
(b)
Any event that sells food or beverages to members to the public.
(c)
Any event that is publicly advertised on any form of written,
online, or other type of media.
(d)
Any public event in which an event organizer is hired or retained
for the planning and facilitating of said event.
(e)
When any individual creates a situation where the original design
and use of the structure changes.
(f)
Any gathering on private property or a public street which may
or may not require the closure of a street, or a portion thereof,
to vehicular traffic, and/or use of the street for the event.
(g)
An event reasonably expected to have a substantial impact on
such park or other private or public places.
(h)
An event reasonably expected to require the provision of substantial
public services.
[1967 Code § 8-1.2; amended 11-27-2018 by Ord. No. 2018-34]
All applications for licenses and special events permits shall
be made to the Borough Clerk upon forms provided by the Clerk, and
shall contain the information contained in Subsection 4.1.2a through
k below. All special event permit applications must be submitted to
the Borough Clerk at least 21 days prior to the date upon which the
special event is proposed to begin.
a.
Name and permanent local address of the applicant. If the applicant
is a corporation, the name and address of its registered agent.
b.
If the licensed activity or special event is to be carried on at
a fixed location, the address and a description of the premises.
c.
If a vehicle is to be used, its description including the license
number.
d.
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship.
e.
The days of the week and the hours of the day during which the licensed
activity or special event will be conducted.
f.
A description of the nature of the business and the goods, property
or services to be sold or supplied.
g.
A statement as to whether the applicant has been convicted of any
crime or the violation of any municipal ordinance other than traffic
offenses and, if so, the date and place of conviction, the nature
of the offense, and the punishment or penalty imposed.
h.
Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate his
character and responsibility.
i.
The applicant shall be fingerprinted if the Chief of Police determines
that fingerprints are necessary for proper identification. Fingerprint
records shall be immediately processed for classification and identification.
j.
Investigation fee. At the time of filing the application for a transient
vendor's, peddler's or solicitor's license, a fee of $50 shall be
paid to the Borough Clerk to cover the cost of investigation of the
facts stated in the application. A fee of $15 shall accompany all
other license and special event permit applications.
k.
Applications by partnerships shall be signed by all partners with
the information required by this subsection supplied in detail as
to each partner, and applications of corporations shall have attached
individual statements containing all of the information required by
this subsection relating to each employee or agent who shall engage
in the licensed activity or special event, and shall be signed by
each employee or agent.
[1967 Code § 8-1.3; amended 11-27-2018 by Ord. No. 2018-34]
a.
Each application shall be referred to the Chief of Police or a police
officer designated by him, who shall immediately institute whatever
investigation of the applicant's business responsibility, moral character
and ability to properly conduct the licensed activity or special event
as he or she considers necessary for the protection of the public.
The Chief shall communicate his or her findings in writing to the
Borough Clerk within a reasonable time after the application has been
filed. If the investigator decides that the applicant's character,
ability or business responsibility is unsatisfactory, or the products,
services, activity, or special event are not free from fraud, he or
she shall disapprove the application and the Clerk shall refuse to
issue the license or special event permit and shall so notify the
applicant.
b.
Each application shall also be referred to the Health Officer who
shall immediately institute whatever investigation he or she considers
necessary for the protection of the public health.
c.
Transient vendor's applications must also be approved by the Zoning
Officer to assure compliance with current zoning regulations and by
the Fire Official to determine compliance with all applicable statutes,
codes and regulations pertaining to fire safety.
d.
The Borough Clerk shall issue the license or special event permit
immediately upon approval as required above and upon payment of the
required license or special event permit fee.
[1967 Code § 8-1.4; amended 11-27-2018 by Ord. No. 2018-34]
Licenses or special events permits shall be in a form which
the Mayor and Council shall prescribe by resolution, and shall contain
the following information:
a.
The name and address of the licensee or the applicant for a special
event permit.
b.
The number and type of the license or special event permit and the
nature of the licensed activity or special event.
c.
The address at which the licensed activity or special event is conducted,
if the activity or special event is carried on at a fixed location.
d.
If the licensed activity or special event is conducted from a vehicle,
the make, model and license number of the vehicle.
e.
The expiration date of the license or special event permit.
f.
Any other appropriate information which the Mayor and Council may,
by resolution, require.
[1967 Code § 8-1.5; amended 11-27-2018 by Ord. No. 2018-34]
The Borough Clerk shall keep a record of all licenses and special events permits issued under this chapter. The record shall be in a form prescribed by resolution of the Mayor and Council and shall contain the same information as is required by Subsection 4-1.4 to be contained in the license or special event permit. It shall also indicate the amount of the fee paid for the license or special event permit, the date upon which payment was received, the date of the issuance of the license or special event permit, whether the license or special event permit is new or a renewal, and any other information which the Mayor and Council may, by resolution, require.
[1967 Code § 8-1.6; amended 11-27-2018 by Ord. No. 2018-34]
When the licensed activity or special event is conducted at
a fixed location or from a vehicle, the license or special event permit
shall be prominently displayed at the location or on the vehicle.
In all other cases the licensee or holder of a special event permit
shall have the license or special event permit in his or her possession
at all times and shall display it upon the request of any police officer
or any person with whom he or she is doing business.
[1967 Code § 8-1.7; amended 11-27-2018 by Ord. No. 2018-34]
Every license or special event permit shall apply only to the
person to whom it was issued and shall not be transferable to another
person. Licenses or special events permits may be transferred from
place to place, in cases where the licensed activity or special event
is conducted at a fixed location, but only with the approval, by resolution,
of the Mayor and Council.
[1967 Code § 8-1.8; amended 11-27-2018 by Ord. No. 2018-34]
a.
Except where expressly provided otherwise, all licenses shall expire
on December 31 of the year of issue at 12:00 midnight local time.
Applications for the renewal of licenses shall be made not later than
December 1 of the year of issue. All special events permits shall
terminate when the time allotted for the special event elapses.
b.
When an application for a license is made during the course of any
calendar year, the fee shall be prorated to the nearest month. Any
period of time greater than 1/2 a month shall be considered as a full
month for this purpose.
e.
Basketball/tennis court or other sport field rental: $200.
f.
Police detail: current rate.
g.
Fire/EMS two-man crew (minimum three hours): $85 per hour.
[1967 Code § 8-1.9; amended 11-27-2018 by Ord. No. 2018-34]
Any license or special event permit issued by the Borough Clerk
may be revoked by the Mayor and Council after notice and a hearing
for any of the following causes:
a.
Fraud or misrepresentation in any application for a special event
permit or license.
b.
Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity or special event.
c.
A violation of any provision of this Code.
d.
Conviction of the licensee or holder of a special event permit for
any felony or high misdemeanor or a misdemeanor or disorderly person's
offense involving moral turpitude.
e.
Conduct of the licensed activity or special event whether by the
licensee, the holder of a special event permit or his or her agents
or employees in an unlawful manner or in a manner that constitutes
a breach of the peace or a menace to the public health, safety or
general welfare.
[1967 Code § 8-1.10; amended 11-27-2018 by Ord. No. 2018-34]
a.
Revocation hearing. Notice of a hearing for the revocation of a license
or permit shall be given in writing by the Borough Clerk. The notice
shall specifically set forth the grounds upon which the proposed revocation
is based and the time and place of the hearing. It shall be served
by mailing a copy to the licensee or the holder of the special events
permit at his or her last known address by certified mail, return
receipt requested, at least five days prior to the date set for the
hearing.
b.
Appeal of denial of license or special event permit.
1.
If an application for a license or special event permit is denied
by the Borough Clerk, the applicant may appeal said denial to the
Mayor and Council.
2.
The appeal shall be made in writing and submitted to the Borough
Clerk within five days of the denial. If an applicant fails to appeal
the Clerk's decision within five days he or she waives the right to
appeal. The written appeal shall include the reasons why the applicant
believes his or her application was wrongfully denied.
[1967 Code § 8-1.11; amended 11-27-2018 by Ord. No. 2018-34]
At both a revocation or appeal hearing, the licensee, the special
event permit holder, or an applicant who has been denied a license
or special event permit shall have the right to appear and be heard,
to be represented by an attorney, to present witnesses in his or her
own behalf, to cross-examine opposing witnesses and to have a permanent
record made of the proceedings at his own expense. The Mayor and Council
shall revoke, suspend, or grant the license or special event permit
if they are satisfied by a preponderance of the evidence that the
licensee, the special event permit holder, or an applicant who has
been denied a license or special event permit is guilty of the acts
charged. The Mayor and Council shall either uphold the Clerk's denial
or order the issuance of a license or special events permit based
upon the record established during the hearing.
[1967 Code § 8-1.12; amended 11-27-2018 by Ord. No. 2018-34]
The Mayor and Council may issue another license or special event
permit to a person whose license or special event permit has been
revoked or denied as provided in this section if, after hearing, they
are satisfied by clear and convincing evidence that the acts which
led to the revocation or denial will not occur again; otherwise, no
person whose license or special events permit has been revoked or
denied, nor any person acting for him or her, directly or indirectly
shall be issued another license or special event permit to carry on
the same activity.
[1967 Code § 8-1.13]
The Mayor and Council may, by resolution, make rules and regulations
which interpret or amplify any provision of this chapter or for the
purpose of administering the provisions of this chapter or making
them more effective. No regulation shall be inconsistent with, alter
or amend any provisions of this chapter and no regulation shall impose
any requirement which is in addition to or greater than the requirements
that are expressly or by implication imposed by any provision of this
chapter.
As used in this section:
A group of persons, corporation or association organized
for philanthropic, charitable, religious, patriotic or other public
service purposes and not for private gain. Examples of nonprofit organizations
include volunteer fire companies and first aid squads, veterans groups
and organizations which assist the poor, the aged, the sick, the physically
handicapped or the mentally retarded, or which aid victims of fire,
flood or similar catastrophes. This enumeration is intended to be
typical and shall not be construed as exclusive.
A person who goes from house to house or from place to place,
whether on foot or in a vehicle, selling and delivering goods and
services.
A person who goes from house to house or from place to place
selling merchandise by sample or by taking orders for future delivery
with or without accepting advance payments for the goods and regardless
of whether the solicitation is made by mail, telephone or personal
contact. The provisions of this section shall apply to the person
who comes in personal contact with the buyer, whether he obtains the
order, delivers the goods or accepts money in payment for them. Solicitor
shall also mean any person who goes from house to house or from place
to place for the purpose of obtaining alms, contributions or subscriptions,
or who does research analyses, makes surveys or opinion polls, obtains
rating data or similar information, or who engages in any similar
work which involves a door-to-door or place-to-place activity.
A person in the business of selling personal property or
services who conducts his business from a fixed location, but who
does not intend to continue in business within the Borough for at
least one year. A proprietor of a business which is seasonal in nature
who suspends business during the off season shall not for that reason
alone be considered a transient vendor.
[1967 Code § 8-2.2]
No person shall engage in business within the Borough of Bound
Brook as a peddler, solicitor or transient vendor without having first
obtained a license and paid the license fee.
[1967 Code § 8-2.3]
Subsection 4-2.2 shall not apply to any or the following persons:
a.
Any person licensed by the Commissioner of Banking and Insurance
or the Real Estate Commission of the State of New Jersey.
b.
Persons selling personal property at wholesale to dealers in such
articles.
c.
Any sale required by statute or the order of any court.
d.
Any person engaged in delivering merchandise or other things in the
regular course of business to the premises of the person ordering
or entitled to receive it.
e.
Any person soliciting votes for a bona fide candidate for political
office.
f.
Exempt members of a volunteer fire department or first aid squad
as defined by the New Jersey Statutes.
[1967 Code § 8-2.4]
Veterans who hold a special State license issued under the laws
of the State of New Jersey, persons to whom a valid mercantile license
has been issued under the provisions of laws, this Revision or any
other ordinance of the Borough of Bound Brook, and persons selling
products grown on their own farms, shall not be required to apply
for or secure a license, to pay any processing fee or license fee,
or to file a bond, but shall comply with all other applicable provisions
of this Revision and shall be required to possess a special permit
which shall be issued by the Borough Clerk upon presentation of proper
identification and proof of their status.
[1967 Code § 8-2.5; Ord. No. 07-03]
a.
Nonprofit organizations desiring to engage in any of the activities
for which a license is required by this section shall not be required
to apply for or secure a license, to pay a license fee or to post
a bond, provided that there is filed with the Borough Clerk a sworn
statement containing the following information:
b.
In lieu of the usual investigation of applicants for a license, the
Chief of Police or Police Officer designated by him shall conduct
whatever inquiry he considers necessary to determine that the organization
in question is a bona fide nonprofit organization. Upon being satisfied
that it is, he shall notify the Borough Clerk who shall issue a special
permit to the organization in question.
c.
Each representative or agent of the organization shall carry proper
identification indicating the name of the organization and his own
name and address, and shall be prepared to display it upon request.
d.
Nonprofit organizations shall comply with all other applicable provisions
of this chapter except that they shall be permitted to carry in their
activities on Sundays.
[1967 Code § 8-2.6]
Applications for a license under this section shall be sworn to and shall contain the following information, in addition to that required by Subsection 4-1.2.
a.
A complete physical description of the applicant together with three
recent photographs which shall be approximately two inches by two
inches, showing the head and shoulders of the applicant in a clear
and distinguishing manner.
b.
A statement as to the location or source of supply of any merchandise
to be offered for sale and the method of delivery.
c.
The length of time for which the right to do business is desired,
if less than one year.
[1967 Code § 8-2.7]
a.
The fee for a license for a transient vendor shall be $450 for a
license valid for 180 days from the date it is issued or $150 for
a license valid for four days from the date it is issued.
b.
The fee for a peddler's or solicitor's license shall be $150 per
year, but if the applicant does not intend to conduct the licensed
activity for that length of time, he may elect to pay a fee of $50
for a license valid for four days from the date it is issued.
[1967 Code § 8-2.8; Ord. No. 07-03]
No person licensed under this section shall engage in business
before 9:00 a.m. or after 9:00 p.m. on weekdays or on Sundays except
that ice cream vendors may engage in business until 9:00 p.m. on any
day, including Sunday. This Subsection shall not apply to peddlers
or solicitors who are expressly invited by residents of the Borough
to come to their homes at a different time.
[1967 Code § 8-2.9]
a.
All licensees who sell or deliver, or display for sale, food and
produce from vehicles which are wholly or partly open on any side
shall at all times keep the food and produce completely screened or
covered with satisfactory materials in order to prevent flies or other
insects from alighting around or upon any merchandise.
b.
All licensees selling, delivering or displaying for sale seafood,
meats, poultry or dairy products shall transport them only in refrigerated
vehicles. The products shall remain in the refrigerated portion of
the vehicle until the time of sale or delivery. The refrigerated portion
of the vehicle while in use shall be maintained at a temperature low
enough to completely safeguard all of the products from a health and
sanitary standpoint.
c.
No licensee shall at any time permit any waste products, materials
or parts of produce or other merchandise to remain in or upon any
street, roadway, curb or walk, but shall remove any debris that may
have fallen from his vehicle and place it immediately in leakproof
metal containers.
d.
All food or produce sold by any licensee shall at the time of delivery
be placed in bags or other suitable containers when it is handed to
the customer.
[1967 Code § 8-2.10]
Every person licensed under this section shall conduct himself
according to the following rules and regulations:
a.
He shall not enter or attempt to enter the house of any resident
of the Borough of Bound Brook without an express invitation from the
occupant of the house.
b.
He shall not conduct himself in a manner that is objectionable or
annoying to the occupant of any house.
c.
In general, all licensees and any vehicles used by them in the course
of the licensed activity shall fully comply with all of the provisions
of this Revision or other applicable municipal ordinances, and all
applicable State laws or regulations, particularly those which deal
with the protection of the public health, safety and welfare.
[1967 Code § 8-2.11]
a.
No licensee shall permit any debris, waste material, rotting produce
or similar matter to remain in or upon his vehicle unless it is contained
in a leakproof metal container having a properly fitted metal cover.
b.
No licensee shall transact business from his vehicle unless it is
properly parked immediately adjacent to the curb of a public street
in a permitted locality. No licensee shall at any time double park
his vehicle while transacting business, nor transact business other
than on the curb side of his vehicle.
c.
Licensees selling food and produce shall prohibit to the extent reasonably
possible the eating of any merchandise directly from their vehicle.
d.
Before a licensee selling food or produce uses a vehicle in connection
with his business, the vehicle shall be submitted to the Board of
Health of the Borough for inspection and approval relative to compliance
with this section. Whenever requested during the term of the license,
the licensee shall submit his vehicle for reasonable reinspection.
No vehicle shall be used by a licensee unless it has been approved
for use by the Board of Health. A certificate of written approval
shall remain in the vehicle at all times and shall be shown by the
operator to any member of the Borough Police Department or any other
official of the Borough who may request to see it.
[1967 Code § 8-2.12]
No licensee shall have an exclusive right to any location in
the public streets nor shall he be permitted a stationary location
on the streets or permitted to operate in a congested area where his
operations may impede or inconvenience the free flow of pedestrian
and vehicular traffic. For the purposes of this subsection, the reasonable
judgment of a Police Officer shall be conclusive as to whether the
area is congested or traffic impeded or inconvenienced.
No transient vendor, or those exempt as per the provisions of subsections 4-2.3, 4-2.4 or 4-2.5 who conduct their businesses from a fixed location, shall be allowed to conduct business activities or display goods closer than 25 feet to the public right-of-way line in any business district, or closer than five feet to the public right-of-way line in any residential district.
[Ord. No. 2010-03 § 2]
No person, organization, association, club, fire company or
squad shall operate or conduct within the Borough of Bound Brook any
game of chance, as the same is defined in the Bingo Licensing Law
(N.J.S.A. 5:8-24 et seq.) and the Raffles Licensing Law (N.J.S.A.
5:8-50 et seq.), as the same may be hereinafter amended and supplemented,
without first obtaining a license issued by the Borough. Said license
shall be issued pursuant and subject to the provisions of the aforementioned
statutes and the rules and regulations promulgated pursuant thereto
or issued thereunder by the LGCCC or its successor.
[Ord. No. 2010-03 § 2]
The Municipal Clerk of the Borough of Bound Brook is hereby
granted the authority and designated as the issuing authority to review,
approve and grant bingo and raffle licenses within the Borough in
accordance with the above-mentioned statutes and regulations.
[1967 Code § 8-9.1; Ord. No. 07-03]
No person shall conduct a retail food establishment as defined in Chapter 24 of the State Sanitary Code, the "Retail Food Establishment and Food and Beverage Vending Machine Code," without having first obtained a license and paid the required license fee.
[1967 Code § 8-9.2]
Applications for a license required by this section shall be
made to the Board of Health upon forms provided by it and shall contain
such information as the Board may appropriately require.
[1967 Code § 8-9.3; Ord. No. 2010-15; amended 4-23-2019 by Ord. No. 2019-17]
a.
The Board of Health shall conduct such investigation as is required by Section 8:51-4.4 of the New Jersey Administrative Code to protect the public health and, if the results of the investigation are satisfactory, shall issue the license to operate upon receipt of payment, according to the following schedule:
|
1.
|
License fee food establishment - less than 2,500 square feet
|
License/Clerk
|
$275
|
|
2.
|
License fee food establishment - 2,501 to 5,000 square feet
|
License/Clerk
|
$325
|
|
3.
|
License fee food establishment - 5,001 to 10,000 square feet
|
License/Clerk
|
$375
|
|
4.
|
License fee food establishment - greater than 10,000 square
feet
|
License/Clerk
|
$500
|
|
5.
|
License fee food - prepackaged food sold incidental to non-food
business
|
License/Clerk
|
$100
|
|
NOTE: All new food establishments licensed on or after October
1 but before the January 1 renewal date shall pay 1/2 of the annual
fee for the license to operate until January relicensing time.
| |||
|
6.
|
License fee food establishment - nonprofit (501c.3) and public
entities
|
License/Clerk
|
NC
|
|
7.
|
Monthly late fee - failed to renew license upon ownership transfer/new
management
|
License/Clerk
|
$100
|
|
8.
|
Monthly late fee - failed to renew license by final due date
of January 31
|
License/Clerk
|
$100
|
|
9.
|
Food service operation - camps
|
License/Clerk
|
$150
|
|
10.
|
Food service operation - child-care facility - serving food
|
License/Clerk
|
$150
|
|
11.
|
Food service operation - child-care facility - not serving food
|
License/Clerk
|
$100
|
|
12.
|
Mobile food establishment
|
License/Clerk
|
$200
|
|
13.
|
Temporary food establishment - first day/each day after
|
License/Clerk
|
$25/$10
|
|
14.
|
Vending machines (per machine)
|
License/Clerk
|
$30
|
|
15.
|
Operation of a commercial or public bathing facility
|
License/Clerk
|
$350
|
|
16.
|
Tanning parlors
|
License/Clerk
|
$100
|
|
17.
|
Tattoo parlors, body piercing establishments
|
License/Clerk
|
$500
|
|
18.
|
Pet shop or kennel
|
License/Clerk
|
$125
|
|
19.
|
Massage and bodywork therapy establishment
|
License/Clerk
|
$550
|
|
20.
|
Reinspection fee for all establishments receiving rating other
than satisfactory
|
Inspection/Clerk
|
$150
|
|
21.
|
Septic system reinspection
|
Inspection/Clerk
|
$100
|
|
22.
|
Soils permeability or percolation test inspection - new system
|
Inspection/Clerk
|
$500/lot
|
|
23.
|
Soils permeability or percolation test inspection - alteration
of existing system
|
Inspection/Clerk
|
$300/lot
|
|
24.
|
Plan review for new (or change to existing) food establishment
|
Review/BLDG
|
$150
|
|
25.
|
Plan/design review for installation of recreational bathing
on commercial property
|
Review/BLDG
|
$150
|
|
26.
|
Plan/design review for expansion repair sanitary sewage disposal
N.J.A.C. 7:9A-3.3C
|
Review/BLDG
|
$175
|
|
27.
|
Plan/design review for new subsurface sewage disposal system
|
Review/BLDG
|
$200/lot
|
|
28.
|
Construction of new septic system
|
Permits/BLDG
|
$300/lot
|
|
29.
|
Alteration or repair of septic system
|
Permits/BLDG
|
$150/lot
|
|
30.
|
Installation of temporary holding tank with BOH approval
|
Permits/BLDG
|
$50/tank
|
|
31.
|
Permit to operate a new septic system for 3 years
|
Permits/BLDG
|
$100
|
|
32.
|
Permit to operate an existing septic system for 3 years
|
Permits/BLDG
|
$50
|
|
33.
|
Permit to abandon subsurface sewage disposal system
|
Permits/BLDG
|
$50
|
|
34.
|
Location and construction of new well water supply
|
Permits/BLDG
|
$100
|
|
35.
|
Alteration or repair of water supply (well)
|
Permits/BLDG
|
$25
|
|
36.
|
Sealing of an abandoned well
|
Permits/BLDG
|
$75
|
|
37.
|
Certification of nonpublic water supply (well)
|
Permits/BLDG
|
$50
|
|
38.
|
Permit to maintain irrigation well
|
Permits/BLDG
|
$10
|
|
39.
|
Permit to locate and construct geothermal well
|
Permits/BLDG
|
$10
|
[1967 Code § 8-3.1]
As used in this section:
Any machine or device offered for public use which, upon
insertion of a coin or token or by other means, dispenses unit servings
of food or beverages, either in bulk or package, without the necessity
of replenishing the devices between each vending operation.
[1967 Code § 8-3.2; Ord. No. 07-03]
a.
No person shall engage in the operation of food and beverage vending machines without having obtained a permit to do so from the Board of Health or without complying with all the provisions of Chapter 24 of the State Sanitary Code, the "Retail Food Establishments and Food and Beverage Vending Machine Code."
b.
No person shall maintain or permit the maintenance of any food and beverage vending machine upon any premises under his control within the Borough of Bound Brook without having obtained a license for each machine from the Board of Health or without complying with the provisions of Chapter 24 of the State Sanitary Code, the "Retail Food Establishments and Food and Beverage Vending Machine Code" of New Jersey (1961).
[1967 Code § 8-3.3; amended 5-28-2019 by Ord. No. 2019-21]
|
a.
|
Distributor’s permit annual fee
|
Permit/Clerk
|
$10
|
|
b.
|
Location annual per machine license fee
|
License/Clerk
|
$2
|
[1967 Code § 8-3.4; Ord. No. 07-03]
Applications for permits and licenses shall be made to the Board of Health in accordance with the provisions of Chapter 24 of the State Sanitary Code, the "Retail Food Establishments and Food and Beverage Vending Machine Code." Permits and licenses shall not be transferable.
[1967 Code § 8-3.5; Ord. No. 07-03]
Permits and licenses issued under this section may be suspended or revoked by the Board of Health in accordance with the provisions of Chapter 24 of the State Sanitary Code, the "Retail Food Establishments and Food and Beverage Vending Machine Code."
[1967 Code § 8-6.1]
No person shall operate a pool or billiard parlor in the Borough
of Bound Brook without having first obtained a license and paid the
required fee. For the purpose of this section a pool or billiard parlor
shall mean and include any place where the game of pool or billiards,
or a game similar to pool or billiards, is played on a table or device
that is known as a pool or billiard table or is similar to a pool
or billiard table whether operated by a coin or token or not.
[1967 Code § 8-6.2]
The license fee for pool and billiard parlors shall be $200
for each table. The application for license shall state the number
of tables which will be used.
[1967 Code § 8-6.3; Ord. No. 2009-15]
a.
This section shall not apply to a pool or billiard table in a private
residence used solely by the occupants of the house and their guests.
b.
This section shall not apply to a bona fide social club, golf club,
field club, religious, charitable, benevolent, fraternal or other
nonprofit organization having a membership in excess of 100 which
has pool or billiard tables solely for the recreation and amusement
of its members, provided that the organization files with the Borough
Clerk on a form provided by him a claim for exemption and a statement
of the facts upon which the claim is based.
[1967 Code § 8-6.4]
No license to conduct a pool or billiard parlor shall be issued
by the Clerk until its issuance has been approved by resolution of
the Mayor and Council.
[1967 Code § 8-6.5]
The following regulations shall apply to all licensed pool and
billiard parlors:
a.
Hours of operation. The hours of operation of pool and billiard parlors
shall be between 9:00 a.m. and 12:00 midnight on weekdays and Saturdays.
b.
Minors. No person under the age of 18 years shall be permitted to
play pool or billiards or to frequent any licensed premises.
c.
Card Playing. No card playing shall be permitted on premises licensed
under this section even if card playing is for social purposes.
d.
Outside View of Premises. All premises where pool and billiards are
played shall be so arranged and so lighted that a full view of the
interior may be had from an adjacent public thoroughfare or from adjacent
rooms to which the public is admitted at all hours.
e.
Unsafe Buildings. No license shall be issued for any premises which
has been declared to be unsafe by the Construction Official or Code
Enforcement Officer or which has been declared by the Board of Fire
Engineers to be a fire hazard.
f.
Location. No pool or billiard parlor shall be located within 200
feet of any church, public or private school or public building.
g.
Posting of notice. Each premises licensed as a pool or billiard parlor
shall have posted in a conspicuous place on the premises a copy of
this section and a sign stating that persons under 18 years of age
are not permitted on the premises.
[1967 Code § 8-7.1]
As used in this section:
Old or secondhand metal, bottles, glassware, tinware, paper,
lumber, plumbing fixtures, dismantled or inoperable automobiles, dismantled
or inoperable machinery or any other thing which is no longer used
or usable for its intended purpose, but which has value because of
the parts or materials it contains.
Any person who acquires, stores or collects junk for commercial
purposes within the Borough of Bound Brook.
Any place where junk is collected or stored, regardless of
whether the place is covered or uncovered, and regardless of whether
it is located within any building or structure.
[1967 Code § 8-7.2]
No person shall engage in business as a junk dealer or operate
a junk yard within the Borough of Bound Brook without first obtaining
a license to do so. The fee for a license under this section shall
be $100 per year, and a separate license shall be required for each
location at which the licensee conducts business.
[1967 Code § 8-7.3]
In addition to the information required by Subsection 4-1.2, an application for a license under this section shall be accompanied by the following:
a.
A plot plan in triplicate drawn to scale showing the dimensions of
the premises, the location of all fences and screening, and any other
information which may appropriately be required for the effective
enforcement of this section.
b.
If the applicant is not the owner of the property upon which the
proposed junk yard will be conducted, the application shall also be
accompanied by the consent of the owner of the property for the use
of the premises as a junk yard.
[1967 Code § 8-7.4]
In addition to the investigation provided for by Subsection 4-1.3, the Construction Official or Code Enforcement Officer shall inspect the premises for which the license is desired to determine whether it complies with the provisions of this section. He shall report the results of his investigation to the Borough Clerk. No license shall be issued unless the Construction Official's or Code Enforcement Officer's report is favorable.
[1967 Code § 8-7.5]
Upon receiving the reports of the Chief of Police and the Construction
Official or Code Enforcement Officer, the Clerk shall transmit them,
together with the information contained in the application, to the
Mayor and Council who shall approve or disapprove the application
within a reasonable time. Upon approval of the application by the
Mayor and Council, the Clerk shall issue the license upon payment
of the required license fee.
[1967 Code § 8-7.6]
Every person licensed under this section shall comply with the
following regulations:
a.
Adequate precaution shall be taken in every junk yard to prevent
fire from breaking out or spreading. No junk shall be stored within
15 feet of any frame building or within 10 feet of any fireproof building,
and no explosives or extremely inflammable materials shall be stored
in a junk yard.
b.
The burning of junk or refuse material in the open air is prohibited.
c.
Junk shall be stored in a manner that will permit customers of the
junk yard and other persons to move about easily and without risking
injury. No junk shall be stored within 10 feet of any sidewalk, and
no junk shall be stored in such a manner that it may be easily dislodged
or caused to fall.
d.
No licensee shall permit rodents, vermin, insects or conditions likely
to attract them, or any other unhealthy or unsanitary condition to
exist on the licensed premises.
e.
No junk shall be purchased from any person under the age of 18 years.
f.
No licensee, agent or employee of a licensee shall purchase or have
in his possession any motor vehicle or part of a motor vehicle from
which the manufacturer's serial number or any other number or identification
mark has been removed, altered, concealed or destroyed. Any licensee
or agent or employee of a licensee to whom such a motor vehicle or
part is offered shall immediately report that fact to the Borough
Police Department.
[1967 Code § 8-7.7]
All licensed premises shall be open to inspection at any reasonable
time by the Construction Official or by any member of the Borough
Police Department for the purpose of ascertaining whether the provisions
of this section are being complied with, as well as to determine whether
the licensee has in his possession any articles alleged to have been
lost or stolen.
[1967 Code § 8-7.8]
All junk yards shall be enclosed by a solid wall or fence at
least eight feet in height and so constructed that the interior of
the junk yard will not be visible from a public street. The wall or
fence shall be painted white, dark green or some similar color and
shall be kept in good repair. It shall contain no more than two entrances
or exits, each not less than 15 feet or more than 20 feet wide. In
place of a wall or fence, a junk yard may be enclosed by a planting
of dense evergreen screening. In that case, the junk yard shall also
be enclosed by a "cyclone" or similar type of chain linked fence erected
inside the screening and sufficient to prevent unauthorized persons
from gaining entrance.
[1967 Code § 8-10.1]
No person shall produce or exhibit any play, concert, vaudeville
or variety show, or similar type of public entertainment, or operate
any theater in which performances of this type are exhibited, or operate
any motion picture theater without having first obtained a license
and paid the required license fee.
[1967 Code § 8-10.2]
In addition to the information required by Subsection 4-1.2, every applicant for a license under this section shall file with the application a plan or sketch of the premises at which the licensed activity will take place clearly showing the following:
a.
The number, location and dimensions of all entrances and exits.
b.
The nature and location of all fire alarms, fire detection and fire
fighting equipment.
c.
The nature and location of all sanitary facilities provided for the
use of patrons.
d.
The seating plan of the premises which shall indicate the number
of seats in each section of the premises, and the total number of
seats which will be available for patrons.
e.
Such other information as may be appropriately required.
[1967 Code § 8-10.3]
In addition to the investigation provided for in Subsection 4-1.3, applications for a license under this section shall be investigated by the Construction Official or Code Enforcement Officer to determine if the facts stated in the sketch accompanying the application are correct.
[1967 Code § 8-10.4]
If the reports of the Chief of Police and the Construction Official
or Code Enforcement Officer are favorable, the Borough Clerk shall
issue the license immediately upon payment of the required license
fee. The fee for a license to operate a motion picture theater shall
be $200 per year. The fee for a play, concert, vaudeville or variety
show shall be $3 for the first day on which the show is conducted
and $1 per day for each additional day. In lieu of the foregoing fee,
the producer of a play or show, or the operator of a theater in which
such plays or shows are performed, may pay an annual license fee of
$150 per year for theaters with a seating capacity of 500 and under,
$250 per year for theaters with a seating capacity of 500 to 1,000
or $400 per year for theaters with a seating capacity of 1,000 or
more.
[1967 Code § 8-10.5]
a.
Every person to whom a license is granted under this section shall
strictly comply with all applicable State laws and regulations.
b.
All theaters shall maintain adequate fire detection, fire alarms
and fire fighting equipment, and shall be constructed with sufficient
exists to permit orderly evacuation in the event of fire and other
emergencies. During all times that the theater is open to the public
the fire exit doors shall be maintained in such a condition that they
can be easily opened from inside the theater.
c.
All stairways, passageways and other facilities used by patrons in
entering or leaving the theater or in going to and from rest rooms,
refreshment stands, lobbies and similar places shall be adequately
lighted and shall have such other facilities as are reasonably necessary
to prevent patrons from being injured through falls or otherwise.
d.
All parts of the theater used by patrons shall be kept in a clean
and sanitary condition at all times.
e.
The licensee shall have the duty of taking reasonable precaution
to insure that the theater premises are not used for the commission
of illegal immoral acts.
[1967 Code § 8-11.1]
As used in this section:
Any place at which public dances are conducted by the same
person at regular intervals.
Any dance to which members of the general public are invited
to attend and participate.
[1967 Code § 8-11.2]
No person shall conduct a public dance or dance hall within
the Borough of Bound Brook without having first obtained either a
public dance license or dance hall license, whichever is appropriate,
in the manner provided in this section. The fee for such license shall
be $100.
[1967 Code § 8-11.3]
a.
This section shall not apply to premises where dancing takes place
as an activity incidental to the service of food and drink to the
patrons of the premises and at which no particular fee is charged
for admission or the privilege of dancing.
b.
Churches, civic groups, charitable, fraternal and similar nonprofit
public service organizations shall not be required to obtain a license
or to pay any license fee, provided they file with the Borough Clerk
a statement in writing setting forth:
[1967 Code § 8-11.4]
In addition to the information required by Subsection 4-1.2, every applicant for a license under this section shall supply the following information:
a.
A complete physical description of the premises of dance hall at
which the public dance will be conducted which may be in the form
of a plan or sketch. The description shall include, but shall not
be limited to, the following information:
1.
The dimensions of the room in which the dancing will take place,
its location in respect to the rest of the premises, and the number
and location of all entrances and exists to the outside of the premises.
2.
A general description of the nature and location of all other rooms
which will be used in connection with the proposed public dance or
dance hall.
3.
A description of the sanitary facilities that will be provided.
4.
A description of the emergency equipment and other precautions which
exist on the premises for dealing with fire or other hazards.
5.
A statement as to whether off-street parking facilities will be provided
for persons attending the public dance or dance hall and, if so, the
nature and extent of those facilities.
b.
The date or, in the case of a dance hall, the days of the week and
the hours during which dancing will be conducted, and the number of
persons expected to attend.
c.
The class of licensed desired.
|
The fee for the desired license shall be paid upon the filing
of the application.
|
[1967 Code § 8-11.5]
Where a license is sought for a dance hall, the applicant shall
give notice to all persons owning property within 200 feet of the
premises on which the proposed dance hall is to be located. The notice
shall state the location of the proposed dance hall, the days of the
week and the hours during which dances will be conducted, and the
number of persons expected to attend. The notice shall also advise
the persons receiving it that if they desire to object to the granting
of a license to the proposed dance hall, they must so notify the Borough
Clerk in writing within 10 days after service of the motive upon them.
Notice may be serviced either personally or by mailing a copy to the
property owner's last known address. Where service is made by mail,
the notice shall be considered as having been served three days after
it is deposited in the mail.
[1967 Code § 8-11.6]
The Construction Official or Code Enforcement Officer, the Health
Officer and the Chief of the Bureau of Fire Prevention shall constitute
a committee to inspect the premises at which the public dance or dance
hall will be conducted. The Committee shall determine whether or not
the premises complies with all municipal ordinances within their respective
areas of responsibility. In addition, they shall determine if the
facilities on the premises are adequate for the health and safety
of the persons expected to attend the dance or dance hall and the
maximum number of persons who may safely be permitted on the premises
during a dance. The Committee shall make its investigation and report
the results in writing to the Borough Clerk within a reasonable time
after the filing of the application. The report shall contain a recommendation
that the application be either granted or denied and may recommend
that the application be granted subject to specified conditions required
to assure public health and safety. The report shall also state the
maximum number of persons who may safely attend the dance.
[1967 Code § 8-11.7]
a.
A license for a public dance shall be issued by the Mayor and Borough
Council upon the receipt of a favorable report from the Investigating
Committee. If the Committee recommends that the granting of the application
be subject to conditions, the license shall not be issued until the
applicant agrees in writing to abide by the conditions set by the
Committee. If the Committee recommends against the granting of the
license, the application shall be denied.
b.
A dance hall license shall be issued by the Mayor and Borough Council if the report of the Investigating Committee is favorable and if no objections have been filed within the time provided in Subsection 4-10.5. If the Committee recommends that the granting of the application be subject to conditions, the license shall not be issued until the applicant has agreed in writing to abide by the conditions. If objections to the granting of the license have been filed, the Borough Clerk shall proceed in the manner directed in Subsection 4-10.8. If the report of the Investigating Committee is unfavorable, the application shall be denied.
[1967 Code § 8-11.8]
In any case where objections are filed to the granting of an
application for a dance hall license, the Borough Clerk shall so advise
the Mayor and Council who shall hold a hearing on the application
within a reasonable time. The applicant and any person filing objections
shall be notified of the time and place of the hearing. At the hearing
both the applicant and the objectors shall have the right to be represented
by an attorney, to testify themselves or present witnesses in support
of their positions, to cross-examine opposing witnesses and, at their
own expense, to have a stenographic record made of the proceedings.
If after considering all the evidence, the Mayor and Council determine
that the applicant has met all of the requirements of this section
and the issuance of the license will not be detrimental to the public
health and safety, they shall order the license to be issued; otherwise,
the application shall be denied.
[1967 Code § 8-11.9]
Applications to renew a license to conduct a dance hall shall be granted by the Mayor and Borough Council without the necessity of giving notice as required by Subsection 4-10.5 and without a hearing as required by Subsection 4-10.8, provided the licensee files with the Clerk a sworn statement in writing reciting that there have been no changes in the conditions stated in the original application.
[1967 Code § 8-11.10]
Each license shall state the name and address of the licensee,
the address of the premises for which dancing may be conducted, and
the maximum number of persons that are permitted to attend the dance.
All license to conduct a dance hall prominently displayed at the premises
at which the dancing is conducted.
[1967 Code § 8-11.11]
Every person licensed under this section shall observe the following
regulations:
a.
The licensee shall have the duty to exercise due diligence to prevent
unlawful or immoral acts as well as noisy or boisterous conduct, or
conduct which threatens to create a breach of the peace or annoy the
comfort or repose of any person.
b.
No alcoholic beverages shall be served, sold, possessed or consumed
at any dance except at premises that are licensed to sell and serve
alcoholic beverages, and in such case pursuant to the terms and conditions
of the license.
c.
Where the persons attending the dance are predominantly minors, the
licensee shall have the responsibility of providing adequate adult
supervision.
d.
All dancing shall cease at 11:00 p.m. except that on Friday nights
dancing may continue until 1:00 a.m. Saturday morning, and on Saturday
nights dancing may continue until 1:00 a.m. Sunday morning.
e.
Any Police Officer of the Borough shall have the right to inspect
any premises on which a public dance is being conducted. In addition,
any premises licensed as a dance hall shall be subject to reinspection
by the Health Officer, the Construction Official or Code Enforcement
Officer or the Chief of the Bureau of Fire Prevention to ascertain
whether the premises still complies with applicable municipal ordinances.
[1967 Code § 8-11.12]
At any public dance other than one at which the number of persons
expected to attend is less than 100, special Police Officers shall
be stationed on the premises during the dance. The number of such
officers shall be at least two and at least one additional for every
200 persons expected to attend the dance. The expense of stationing
the officers on the premises shall be borne by the licensee.
[1967 Code § 8-11.13]
The Mayor and Council may, by resolution, waive the application
of any provision of this section to a particular licensee, upon a
showing that the literal application of the provision in this section
to a particular licensee will cause unnecessary hardship and that
in the particular case, the provision in question is not necessary
to protect the public health and safety.
[1967 Code § 8-5.1]
As used in this section:
Any person who supplies any mechanical amusement device to
another for use in his place of business, whether under lease or any
similar arrangement.
Any machine or other device which, upon the insertion of
a coin, slug, token, plate, disc or key or by the payment of any money,
operates or may be operated for the emission of songs, music or similar
amusement.
Any machine, other than a pool or billiard table, whether
operated mechanically, electrically or by other means, or regardless
of whether or not it registers, scores or tallies, which upon the
insertion of a coin, slug, token, plate, disc or key may be operated
by the general public as a game, or for entertainment or amusement.
Examples of mechanical amusement devices include marble machines,
pinball machines, bogatelle, skillball and mechanical grab machines.
The preceding list is intended to be illustrative only, and the term
mechanical amusement device shall include all games, machines or devices
of a similar nature regardless of what names are given to them.
Any person in whose place of business any mechanical amusement
device is placed or kept for operation by the public.
[1967 Code § 8-5.2]
This section shall not apply to juke boxes and mechanical amusement
devices which are not operated for profit.
[1967 Code § 8-5.3]
No distributor or operator of a juke box or mechanical amusement
device shall engage in business within the Borough of Bound Brook
without having first obtained a license and paid the required license
fee.
[1967 Code § 8-5.4]
Applicants for distributor's or operator's licenses which are associations shall supply the information required by Subsection 4-1.2 for all members of the association. Applicants which are corporations shall supply the information required by Subsection 4-1.2 for all officers and directors and for all stockholders of the corporation who own more than 10% of its issued and outstanding capital stock. Applicants for licenses under this section shall also be required to supply a description of the machine or device sought to be licensed.
[1967 Code § 8-5.5]
a.
Distributors shall be charged the following fees:
|
Less than 10 machines
|
$100
|
|
Ten or more but less than 20 machines
|
$150
|
|
Twenty or more but less than 30 machines
|
$200
|
|
Thirty or more but less than 40 machines
|
$250
|
|
Forty or more but less than 50 machines
|
$300
|
|
Fifty or more machines
|
$400
|
b.
Operators of mechanical amusement devices shall be charged $50 for
each machine. An operator who uses machines owned by him in his own
place of business shall not be required to possess a distributor's
license.
[1967 Code § 8-5.6]
A license may be transferred from one machine to another by
giving notice to the Borough Clerk to that effect and giving a description
of the new machine. A license may be transferred from one place to
another by giving notice to the Borough Clerk to that effect and supplying
the required information as to the new premises.
[1967 Code § 8-5.7]
No mechanical amusement device shall be located in any premises
within 200 feet of a church or other religious institution or a public
or private school. The distance shall be measured from the nearest
entrance of the church or school to the nearest entrance of the premises
on which the mechanical amusement device is located or is sought to
be located along the route that a pedestrian would normally walk.
[1967 Code § 8-5.8]
a.
No establishment containing mechanical amusement devices or juke
boxes shall permit them to be operated between the hours of 12:00
midnight and 9:00 a.m.
b.
Premises on which mechanical amusement devices are located shall
be so arranged as to permit a clear view of the interior from the
exterior at all times.
c.
No operator shall knowingly permit any person convicted of a crime
involving moral turpitude to be associated with him in the ownership
or management of the business or to be in his employ or to loiter
on the premises.
d.
No operator shall offer or permit to be offered any prizes or awards,
whether in cash or otherwise, as an inducement to use mechanical amusement
devices except for trophies or plaques or items of a similar nature
of nominal value.
e.
No operator shall permit any minor under the age of 16 years unaccompanied
by a parent or guardian to remain on the premises after 10:00 p.m.
f.
No operator shall permit any activity which is illegal or immoral
or which creates an undue amount of noise or a danger of a breach
of the peace to occur on the premises.
[1967 Code § 8-5.9]
Nothing in this section shall be construed to authorize any
gambling device of any kind whatsoever, including any device that
dispenses any kind of payoff or reward, or any device that has been
judicially determined to be a gambling device or declared to be a
gambling device under any law of the State of New Jersey. If the Chief
of Police has reason to believe any mechanical amusement device is
used as a gambling device, he shall cause that machine to be seized
and impounded. If after trial it is determined that the machine was
in fact being used as a gambling device, it shall be destroyed and
the license of the operator or distributor shall be revoked. Revocation
of license and seizure of machine are in addition in any other penalty
which may be imposed for a violation of this section.
[1967 Code § 8-4]
As used in this section:
Any sale in connection with which representations are made
by the seller, whether through advertisements or otherwise, which
would lead a reasonable person to believe that the goods offered for
sale are being sold at a lower than usual price either because of
their condition or because of the need to liquidate a stock of merchandise,
or because of some misfortune suffered by the seller or some other
person. Examples of distress sales include the following kinds of
sales: adjusters, adjustments, alterations, assignees, bankrupt, benefit
of administrators, benefit of creditors, benefit of trustees, building
coming down, closing, creditors' committee, creditors, end, executors,
final days, fire, forced out of business, going out of business, insolvents,
last days, lease expirations, liquidations, loss of lease, mortgage
sales, receivers, trustees, quitting business, removal of business,
and all sales of goods alleged to have been damaged or altered, whether
by fire, smoke, water or any other cause. The foregoing enumeration
is intended to be typical only and shall not be construed as being
exclusive.
[1967 Code § 8-4.2; Ord. No. 07-03]
No person shall conduct a distress sale within the Borough of
Bound Brook without first having obtained a license and paid a license
fee of $10 for each day that the sale will be conducted. Prior to
issuance, the Council shall approve the issuance of the license.
[1967 Code § 8-4.3]
In addition to the information required by Subsection 4-1.2, the applicant for a license under this section shall furnish a statement as to the number of days on which the sale is to be conducted.
[1967 Code § 8-4.4]
No license to conduct a distress sale shall be issued unless
the Chief of Police is satisfied that the proposed sale is a bona
fide distress sale and not a subterfuge. The presence of the following
factors shall be considered as indicating good faith, but these criteria
are not intended to be exclusive:
a.
The applicant has been the owner of the business in connection with
which the sale will be conducted for a period of at least one year
prior to the date of the proposed sale.
b.
He has not held a similar sale at the location stated in the application
for a period of one year prior to the date of the application.
c.
The sale applies only to one business and is not conducted or advertised
in cooperation with any other business.
[1967 Code § 8-4.5]
Prior to issuance of any license for a distress sale, the applicant
shall file with the Borough Clerk a complete inventory of the goods
that are to be offered for sale.
[1967 Code § 8-4.6]
a.
A license to conduct a distress sale shall authorize only one particular
type of distress sale at one specified location. The type of sale
and the location shall be stated in the license.
b.
The sale shall include only the goods described in the inventory
filed with the Borough Clerk. Additions or replacements to that inventory
shall not be permitted.
c.
The sale shall be concluded within three months from the date that
the license is granted.
[1967 Code § 8-4.7]
A license for a distress sale shall not be renewed, nor shall
the period for which it is valid be extended.
[1967 Code § 8-4.8]
The provisions of this section shall not apply to:
[1967 Code § 8-12.1]
As used in this section:
Any assembly of 25 or more persons engaged in an organized
procession of any duration along a public street or sidewalk following
certain route, whether predetermined or not.
[1967 Code § 8-12.2; Ord. No. 07-03]
No person shall engage in, form or start any parade in the Borough
of Bound Brook without obtaining a permit from the Mayor and Council.
[1967 Code § 8-12.3]
This section shall not apply to:
[1967 Code § 8-12.4; Ord. No. 07-03]
A person applying for a parade permit shall make application
to the Chief of Police not less than 28 days before the date on which
it is proposed to conduct the parade.
[1967 Code § 8-12.5]
The application shall be made on forms provided by the Chief
of Police and shall contain the following information:
a.
The name, address and telephone number of the person seeking to conduct
the parade. If the parade is to be conducted for, by or on behalf
of an organization, the name, address and telephone number of the
headquarters of the organization shall be required.
b.
The name, address and telephone number of the person who shall be
parade chairman, if other than the applicant, and who shall be responsible
for the conduct of the parade.
c.
The date on which the parade is to be conducted.
d.
The starting point, route to be traveled and termination point of
the parade.
e.
The approximate number of persons, animals and vehicles which shall
make up the parade, together with information as to the type of animals
and a description of the vehicles.
f.
The hours when the parade shall start and terminate.
g.
A statement as to whether the parade shall occupy all or only a portion
of the width of the streets proposed to be traversed.
h.
The location by streets of any assembly areas for the parade, and
the time at which units of the parade shall begin to assemble at any
such areas.
i.
Any additional information which the Chief of Police may find reasonably
necessary to make a fair determination whether a permit should be
issued.
|
If the parade is designed to be held by, on behalf of or for
any person other than the applicant, the applicant shall file with
the Chief of Police a statement in writing from the person proposing
to hold the parade authorizing the applicant to apply for a permit
on his behalf.
|
[1967 Code § 8-12.6; Ord. No. 07-03]
When good cause is shown, the Chief of Police shall have the
authority to consider an application for a parade permit which is
filed less than 28 days before the proposed date of the parade.
[1967 Code § 8-12.7; Ord. No. 07-03]
The Mayor and Council may issue a permit for a parade when it
determines, as a result of considering the information in the application
and any other information which he may otherwise obtain, that:
a.
The conduct of the parade will not substantially interrupt the safe
and orderly movement of other traffic contiguous to its route.
b.
The conduct of the parade will not prevent orderly police, fire and
ambulance service to the Borough and its residents.
c.
The conduct of the parade is not likely to cause injury to persons
or property, to provoke disorderly conduct or to create a disturbance.
d.
The movement of the parade from its point of origin to its point
of destination will be accomplished expeditiously and without unreasonable
delay in route.
[1967 Code § 8-12.8; Ord. No. 07-03]
Immediately upon the issuance of a parade permit, the Municipal
Clerk shall send a copy of the permit to:
[1967 Code § 8-12.9]
Any person issued a permit under this section shall comply with
all permit directions and conditions and with all applicable laws
and ordinances. The parade chairman or other person leading the permitted
activity shall carry the parade permit on his person during the conduct
of the parade.
[1967 Code § 8-2.10]
a.
Interference. No person shall unreasonably hamper, obstruct, impede
or interfere with any parade or parade assembly or with any person,
vehicle or animal participating or used in a parade.
b.
Driving through parade. No driver of a vehicle shall drive between
the vehicles or persons comprising a parade when those vehicles or
persons are in motion and are conspicuously designated as a parade.
[1967 Code § 8-8.1]
No person shall conduct a circus, fair, carnival, rodeo or similar
public exhibition within the Borough of Bound Brook without having
first obtained a license and paid the required license fee.
[1967 Code § 8-8.2]
The fee for a license under this section shall be $50 for each
day that the activity is to be conducted. Religious, charitable, fraternal
and similar nonprofit organizations conducting activities licensed
by this section in order to raise money for charity or some other
public purpose, or for the entertainment or recreation of the residents
of the Borough, shall not be required to pay any fee, but shall comply
with all the other provisions of this section.
[1967 Code § 8-8.3]
In addition to the application information required by Subsection 4-1.2, an application for a license under this section shall contain the following information:
a.
The date or dates and hours during which the licensed activity will
be conducted.
b.
A list of all the games, attractions, contests or performances that
will be included in the activity to be conducted, a general description
of each and, if not operated by the licensee or his employees, the
name and address of the concessionaire or other person operating them.
c.
A description of the off-street parking and sanitary facilities available
at the location at which the activity is to be conducted.
d.
Appropriate evidence that the licensee has made adequate provision
for the payment of workmen's compensation to any of his employees
who shall be injured as required by N.J.S.A. 34:15-71.
[1967 Code § 8-8.4]
In addition to the investigation required by Subsection 4-1.3, the premises at which the licensed activity is to be conducted shall be inspected by the Chief of Police or a Police Officer designated by him to determine if there is adequate off-street parking available, and that the licensed activity can be conducted without undue interference with vehicular or pedestrian traffic on any public street. The application shall also be investigated by the Construction Official or Code Enforcement Officer and a representative of the Board of Health to determine if the licensed activity can be conducted without endangering public health or safety. All these officials shall report the results of their investigations to the Borough Clerk within a reasonable time.
[1967 Code § 8-8.5]
Upon receiving the reports of the results of the investigations,
the Borough Clerk shall transmit them, together with the information
contained in the application for the license, to the Mayor and Council.
The Mayor and Council shall approve or disapprove the application
within a reasonable time. Upon the approval of the Mayor and Council
and payment of the required license fee, the Clerk shall immediately
issue the license. The license shall be valid only on the date or
dates and during the hours set forth in the applications.
[Ord. No. 06-07, Preamble]
The Senate and General Assembly of the State of New Jersey have
enacted legislation amending N.J.S.A. 39:4-60 prohibiting solicitation
of charitable contributions from motorists on roadways in the State
of New Jersey unless authorized by ordinance of the municipality in
which said roadways are situated. The Bound Brook Council deems it
to be in the public interest to permit the Bound Brook Volunteer Fire
Department, First Aid and Rescue Squads, which are charitable organizations
as defined by N.J.S.A. 45:17A-20, to solicit contributions in roadways
situate in the Borough of Bound Brook, provided same is done in a
safe and reasonable manner.
[Ord. No. 06-07 § 6-13]
Bound Brook Volunteer Fire Department, First Aid and Rescue
Squads shall be permitted to solicit contributions in roadways situated
in the Borough of Bound Brook in accordance with the provisions contained
herein.
[Ord. No. 06-07 § 6-13.1]
In the event the Fire Department, First Aid or Rescue Squad
desires to solicit contributions in roadways situated in the Borough
of Bound Brook it shall file an application for a permit with the
Bound Brook Borough Clerk/Administrator, with a copy to the Chief
of Police, on a form supplied by said Clerk/Administrator specifying
the following information:
a.
Name of applicant organization.
b.
Address of applicant organization.
c.
Telephone number of applicant organization.
d.
Contact person of applicant organization.
e.
Specific location or locations of proposed charitable solicitation.
f.
Dates and times of proposed charitable solicitation.
g.
If said request pertains to a location or locations on any County
highway, or intersection of a County highway, said application shall
include a copy of an authorization from the Somerset County Board
of Chosen Freeholders to permit said charitable solicitation.
h.
If said request pertains to a location or locations on any State
highway or intersection of a State highway, said application shall
include a copy of an authorization from the Commissioner of Transportation
of the State of New Jersey to permit said charitable solicitation.
i.
Identify the manner in which the motorist solicitation will be conduced
and the procedures to be used to ensure the safety of the members
of the public who will be traveling the roadways situate in the Borough
of Bound Brook.
[Ord. No. 06-07 § 6-13.2]
Upon the filing of a complete application in accordance with
the provisions of this section, the Bound Brook Borough Clerk/Administrator
shall present same to the Borough Council for its review and consideration,
after which the Borough shall grant or deny the request. In the event
the Council grants the request, it shall issue a permit to the applicant
which shall be subject to the representations contained in the application
and any conditions imposed by the Council.
[Ord. No. 06-07 § 6-13.3]
In no event shall any organization requesting authorization
from the Borough of Bound Brook for said charitable solicitation use
any individual under the age of 18 years to perform any function or
task associated with the said charitable solicitation in any roadway.
[Ord. No. 06-07 § 6-13.4]
Any charitable organization requesting authorization from the
Borough of Bound Brook shall comply with all of the terms and conditions
of N.J.S.A. 39:4-60, as amended by P.L. 1997, Chapter 82 and N.J.A.C.
16:40-5.1 and 6.1 as it relates to safety criteria and signage.
[Ord. No. 06-07, Schedule]
All solicitors shall adhere to the following requirements or
the permit to solicit may be revoked.
a.
Organizations must have written permission from Somerset County to
solicit on a County roadway and from the Somerset County Department
of Public Works, Engineering Division and the State of New Jersey,
Department of Transportation to solicit on State Highway 28, which
is commonly called East or West Union Avenue.
b.
Organizations must have written permission from the Borough of Bound
Brook to solicit on any roadway within the Borough of Bound Brook.
This permission can only be requested once the necessary permissions
have been received in paragraph a.
c.
The agency soliciting must put out advanced warning signs alerting
motorists to the solicitation in accordance with NJDOT requirements.
d.
All solicitors must be 18 years of age or older.
e.
All solicitors shall wear a uniform that readily identifies their
organization.
f.
All solicitors shall wear reflective traffic vests that are in accordance
with NJDOT standards.
g.
The Borough of Bound Brook strongly recommends coin tosses using
blankets located off the traveled section of the roadway as the safest
method of collection.
h.
If organizations insist on the collection of money by approaching
vehicles, the following will be adhered to:
1.
Solicitation will be done at intersections controlled by a traffic
light.
2.
Solicitors shall not approach moving vehicles.
3.
Solicitors shall not approach vehicles that are slowing or stopping
when these vehicles have a green light.
4.
Solicitors must wait for traffic to stop before entering the roadway.
5.
Solicitors shall approach all stopped vehicles from the passenger
side.
6.
Solicitors shall be off the roadway when the light changes to green.
7.
Solicitors shall remain courteous at all times.
[Added 7-10-2018 by Ord.
No. 2018-11[1]]
[1]
Editor's Note: This ordinance also repealed former Section
4-17, Massage, Bodywork and Somatic Therapy Establishments, adopted
by Ord. No. 2011-15-A.
The Borough of Bound Brook acknowledges that licensure, certification or registration of massage and bodywork therapists is regulated by the Massage and Bodywork Therapist Licensing Act, N.J.S.A. 45:11-53 et seq. However, the purpose of this Section 4-17 is to establish business permit requirements to ensure that massage and bodywork therapy establishments meet standards that protect and preserve the health, safety and welfare of the citizens of the Borough of Bound Brook, and the patrons of such businesses.
For the purpose of this Section 4-17, the following words, terms, and phrases, when used herein, shall have the meanings set forth below, except where the context clearly indicates a different meaning:
The Massage and Bodywork Therapist Licensing Act, N.J.S.A.
45:11-53 et seq., as may be amended from time to time.
The systems of activity of structured touch which include,
but are not limited to, holding, applying pressure, positioning and
mobilizing soft tissue of the body by manual technique and use of
visual, kinesthetic, auditory and palpating skills to assess the body
for purposes of applying therapeutic massage and bodywork principles.
Such application may include, but is not limited to, the use of therapies
such as heliotherapy or hydrotherapy, the use of moist hot and cold
external applications, explaining and describing myofascial movement,
self-care and stress management as it relates to massage and bodywork
therapies. Massage and bodywork therapy practices are designed to
affect the soft tissue of the body for the purpose of promoting and
maintaining the health and well-being of the client. Massage and bodywork
therapies do not include the diagnosis of illness, disease, impairment
or disability.
A person certified and/or licensed to practice massage and
bodywork therapies pursuant to the provisions of the Act.
Any establishment, business or operation wherein massage
and bodywork therapies are administered or are permitted to be administered,
which shall include the operation of an outcall massage and bodywork
therapy service.
a.
Massage and bodywork therapy establishment permit required and renewed
annually. No person, firm, corporation, organization or other entity
shall maintain, operate or conduct a massage and bodywork therapy
establishment or utilize any premises in the Borough of Bound Brook
as or for a massage and bodywork therapy establishment unless or until
such person or entity shall first obtain a business permit from the
Borough to operate such establishment or premises within the Borough
of Bound Brook.
b.
In addition to any other requirements for issuance of a business
permit by the Borough for such establishment or premises, the applicant
shall provide the Borough with satisfactory evidence that any person
or persons intending to practice massage or bodywork therapy within
such establishment or premises has a valid and existing massage and
bodywork therapist certification or permit issued to such person by
the New Jersey Board of Massage and Bodywork Therapy pursuant to the
Act. No person shall practice massage or bodywork therapy without
a valid and existing massage and bodywork therapist certification
or license in accordance with the Act.
c.
A applicant for a business permit from the Borough for such establishment
or premises shall also provide evidence that such establishment or
premises is registered with the New Jersey Board of Massage and Bodywork
Therapy pursuant to N.J.S.A. 45:11-76.
d.
Approval by Mayor and Council. No initial permit or annual renewal
permit to operate a massage and bodywork therapy establishment shall
be issued by the Borough Clerk until issuance has been approved by
resolution of the Mayor and Council.
Every applicant for a massage and bodywork therapy establishment
business permit shall file an annual application with the Borough
Clerk upon a form to be provided by the Clerk and pay an annual fee
of $550. Upon receipt of a completed application for a business permit,
the Borough Clerk shall issue a business permit to operate, but not
prior to the application being reviewed, processed and approved by
all relevant municipals officials and departments, which departments
shall be granted up to 30 days to review and act on the application
following receipt of the completed application. Applications for renewal
must be received 60 days prior to the expiration of the business permit.
a.
Application for a business permit for massage and bodywork therapy
establishment. Any person, firm, corporation, organization or other
entity applying for a massage and bodywork therapy establishment business
permit shall submit the required application, which shall include
the following information:
1.
The type of ownership of the establishment (i.e., whether individual,
partnership, corporation or otherwise).
2.
A copy of an approved zoning permit along with the approved resolution
from the Bound Brook Planning Board.
3.
The trade name, style and designation under which the establishment
is to be conducted.
4.
The address and all telephone numbers, including facsimile number(s)
and email addresses where the establishment is to be maintained, operated,
and conducted.
5.
A complete list of the name(s) and address(es) of all massage and
bodywork therapists, along with a copy of each therapist's certificate
and/or license issued by the State of New Jersey pursuant to the Act
and all relevant regulations. It shall be an ongoing responsibility
of each licensed therapist to notify the Borough, in writing, of any
change in name, address or telephone number. Additionally, two front-faced
portrait photographs of the individual, at least two inches by two
inches in size, taken within 30 days of the date of the application
shall be submitted with the application.
6.
The name(s) and address(es) of other employees at the establishment;
and the name and residence address of the manager or other person
principally in charge of the day-to-day operation of the establishment.
7.
Within 30 days of the hiring of each additional massage and bodywork
therapist, a copy of each such therapist's state-issued certification
or license, as well as the therapist's residence address, shall be
provided to the Borough Clerk's office.
8.
The following personal information concerning the applicant, if an
individual: concerning each stockholder holding more than 10% of the
stock of the corporation, each officer and director, if the applicant
is a corporation; concerning each partner, including limited partners,
if the applicant is a partnership; concerning the managing members,
if the applicant is a limited liability company; and concerning the
manager or other person principally in charge of the day-to-day operation
of the establishment:
(a)
The name, residence, address and residence telephone number.
It shall be an ongoing responsibility of the applicant to notify the
Borough, in writing, of any change in name, address or telephone number
of the individuals identified.
(b)
The two previous addresses immediately prior to the present
address of the individuals identified.
(c)
Written proof of age.
(d)
Height, weight, sex and color of hair and eyes.
(e)
Two front-faced portrait photographs of the individuals taken
within 30 days of the date of the application, and at least two inches
by two inches in size.
(f)
The establishment or similar business history and experience,
including, but not limited to, whether or not such person has previously
operated such an establishment, along with the location of such prior
operations, whether or not such person has previously applied for
a license or permit for such an establishment, and if same was denied,
revoked or suspended, and the reasons therefor.
(g)
Floor plans for the proposed facility.
(h)
The names and addresses of three adult residents of the County
of Somerset who will serve as character references for the applicant.
These references must be persons other than relatives and business
associates of the applicant.
a.
Upon receipt of an application for a business permit for a massage
and bodywork therapy establishment, the Borough Clerk shall refer
the application to the Construction Code Office, the Fire Department,
the Police Department, the Board of Health, and the Zoning Officer,
which departments may inspect the premises where the proposed massage
and bodywork therapy establishment is to be maintained, operated or
conducted. No massage and bodywork therapy establishment shall be
issued a business permit or be maintained, operated or conducted in
the Borough unless an approval by the Health Official, Construction
Official, and Fire Marshal has been granted indicating that the establishment
complies with the minimum requirements of the construction, building
and health codes for businesses operating in the Borough of Bound
Brook.
b.
The massage and bodywork therapy establishment must comply at a minimum
with the regulatory requirements set forth at N.J.A.C. 13:37A-1 et
seq., as same may be amended and supplemented from time to time.
Unless an applicant for a business permit for a massage and bodywork therapy establishment or renewal thereof can produce proof reasonably satisfactory to the Police Department that a criminal background check was conducted at the time of registration with the New Jersey Board of Massage and Bodywork Therapy pursuant to N.J.S.A. 45:11-76 and N.J.S.A. 45:11-80, all applicants seeking a business permit or renewal thereof pursuant to this Section 4-1 shall respond to the Borough of Bound Brook Police Department with a current driver's license or other government-issued photo identification. The applicant shall be photographed and provided with a fingerprint application form to obtain fingerprints from a vendor licensed by the State of New Jersey. The applicant, at the applicant's sole expense, shall respond to the authorized fingerprint vendor's location for a fingerprint check.
All business permits issued under this Section 4-17 shall be valid only to the sole proprietorship, partnership, limited liability partnership or company, corporation or any other form of business organization to which the permit was issued, and shall not be transferable to another entity or a different premises. A new permit application, in accordance with the provisions of this Section 4-17 must be filed prior to any alterations to a previously permitted establishment.
The massage and bodywork therapy establishment shall display
the state-issued license/registration to the establishment, the state-issued
certification/license of each and every massage and bodywork therapist
employed and/or conducting business at the establishment, and the
business permit issued by the Borough, all to be displayed in an open
and conspicuous place within the premises of the establishment in
accordance with N.J.A.C. 13:37A-3.4.
Every massage and bodywork therapy establishment shall comply
with the following:
a.
Every portion of the massage and bodywork therapy establishment,
including all appliances and apparatus, shall be kept clean and operated
in a sanitary condition.
b.
Price rates for all services shall be prominently displayed in the
reception area in a location available to all prospective customers.
c.
All employees, including massage and bodywork therapists, shall be
clean and wear clean, nontransparent outer garments, completely covering
sexual and genitalia areas, including but not limited to completely
covered breasts.
d.
Dressing areas for employees and customers shall be available on
the premises. Such dressing areas shall be shielded from public view
and provide the individual utilizing same privacy from all other individuals.
If the dressing area is also used as the therapy/massage room, then
adequate procedures shall be in place to safeguard the privacy of
the individual using same as a dressing area. In no case shall these
dressing areas be locked when both a client and any employee are present.
e.
All massage and bodywork therapy 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.
f.
A written disinfection plan for all linens, towels, and reusable
instruments used by the establishment must be approved by the Board
of Health, kept on site, and be available for review by the inspecting
official at all times. The establishment must operate in conformance
with the approved plans at all times.
g.
Access to a sanitary restroom shall be provided for clients at all
times.
h.
Any patron under the age of 18 years of age must be accompanied by
a parent or legal guardian or adult with written permission from the
parent or legal guardian.
i.
A landline telephone shall be made available in the establishment.
Emergency telephone numbers for Emergency Medical Services, the Borough
of Bound Book Police Department, Fire Department, and Board of Health
along with "911" shall be posted conspicuously and unobstructed from
view adjacent to the landline telephone.
j.
The sexual or genital area, including breasts, of customers must
be covered by towels or undergarments when in the presence of an employee
or massage and bodywork therapist.
k.
It shall be unlawful for any person knowingly, in a massage and bodywork
therapy establishment, to place his or her hand upon or touch with
any part of his or her body, to fondle in any manner, or to massage
a sexual or genital area, including breasts, of any other person.
l.
No massage and bodywork therapist, employee or manager shall perform,
or offer to perform, any act that would require the touching of the
customer's sexual or genital area, including breasts.
m.
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, steam or vapor cabinets, shower compartments, and toilet
rooms shall be thoroughly cleaned each day that the establishment
is in operation. Bathtubs and showers shall be thoroughly cleaned
after each use. When carpeting is used on the floors, it shall be
kept clean and dry.
n.
Oils, creams, lotions and other preparations used in administering
massage and bodywork therapies shall be kept in clean, closed containers
or cabinets.
o.
Animals, except for service animals, shall not be permitted in the
massage and bodywork work area.
p.
Each massage and bodywork therapist shall wash his or her hands in
hot running water, using antibacterial soap or disinfectant before
administering massage or bodywork therapy to each customer.
q.
No massage and bodywork therapy establishment shall permit any activity
or behavior prohibited by the laws of the State of New Jersey, particularly,
but not exclusive of laws proscribing prostitution, indecency and
obscenity, including the sale, uttering or exposing and public communication
of obscene material.
r.
Hours of operation of any massage and bodywork therapy establishment
shall not commence prior to 9:00 a.m., and shall not extend beyond
9:00 p.m.
s.
Client records must be maintained for each and every client who receives
services from the massage establishment in accordance with the requirements
of N.J.A.C. 13:37A-5.2, as same may be amended and supplemented from
time to time. Access to these records shall be provided in accordance
with the provisions of N.J.A.C. 13:37A-5.3, as same may be amended
and supplemented from time to time.
t.
It shall be the responsibility of the owners of the massage therapy
establishment and the holder of the license for the establishment
to ensure that all persons and massage therapists comply with all
provisions of this Ordinance.
u.
The establishment shall conform to and observe all applicable rules,
regulations, and prohibitions set forth in N.J.A.C. 13:37A, as may
be amended and supplemented from time to time.
v.
Doors to common areas/hallways and to all massage and bodywork therapy
rooms are not permitted to have locks or to be locked or hasped at
any time.
w.
All main entrance doors to massage and bodywork therapy establishments
are not permitted to be locked or hasped during the establishments'
hours of operation.
a.
No person shall advertise or offer to provide massage-related services
for compensation within the Borough of Bound Brook unless licensed
as a massage therapy establishment pursuant to this section.
b.
All advertisements for massage therapy services to be provided within
the Borough of Bound Brook shall include the massage therapy establishment's
name, address, and telephone number.
c.
No advertisement is permitted on any outlet (web-based, radio, print,
television, etc.) implying or promoting the offering or possibility
of any act that would require the touching of the customer's sexual
or genital area.
The Health Official, Construction Official, Zoning Officer, the Code Enforcement Officer, and/or the Fire Marshal shall, from time to time, and at least once a year, make an inspection of each massage and bodywork therapy establishment within the Borough for purposes of determining whether or not the provisions of this Section 4-17 are being complied with. The Police Department may also, from time to time, conduct inspections of each massage and bodywork therapy establishment to determine if there are any violations of this Section 4-17 and/or violations of any other ordinance of the Borough of Bound Brook or the laws of the State of New Jersey on the premises. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any massage and bodywork therapy establishment to fail to allow such inspection officer access to the premises or to hinder such officer in any manner.
No part or portion of any massage and bodywork therapy establishment
shall be used for or connected with any bedroom or sleeping quarters,
nor shall any person sleep in such massage and bodywork therapy establishment,
except for limited periods incidental to and directly related to a
massage and bodywork therapy treatment. This provision shall not preclude
the location of a massage and bodywork therapy establishment in separate
quarters of a building housing a hotel, motel or other separate business.
a.
Unless otherwise provided by law, any person or establishment owner violating any of the provisions of this Section 4-17 shall, upon determination of the Health Officer, the Borough Police Department, Construction Official, the Code Enforcement Officer, and/or the Fire Marshal be subject to suspension or revocation of a Borough-issued business permit pursuant to the provisions of this Section 4-17. In addition to suspension or revocation of the business permit, any person/establishment owner violating any of the provisions of this Section 4-17 shall be subject to penalties or fines at the discretion of the Municipal Court.
b.
Any conviction of any employee of a massage and bodywork therapy
establishment of a violation of any activity or behavior prohibited
by the laws of the State of New Jersey, particularly, but not exclusive
of laws proscribing prostitution, indecency and obscenity, including
the sale, uttering or exposing and public communication of obscene
material, shall devolve upon the owner and/or manager of such establishment,
it being specifically declared that, following such a conviction by
an employee, the owner and/or manager shall be prosecuted as an accessory
to such a violation.
c.
Suspension/revocation.
1.
In addition to any of the penalties provided herein or prescribed
by law, and notwithstanding the filing of a summons and/or criminal
complaint in the municipal court or Superior Court, any violation
of the following provisions, shall subject the massage and bodywork
therapy establishment to the suspension or revocation of the applicable
permit:
(a)
Fraud, misrepresentation or false statement made by the applicant
in the application for the business permit.
(b)
Fraud, misrepresentation or false statement made by the applicant
in the course of carrying on the permitted business in the Borough.
(c)
Any violation of any provisions of this section.
(d)
A conviction of a crime involving moral turpitude, a felony,
an offense involving sexual misconduct, or any crime involving dishonesty.
(e)
Conducting the permitted business in the Borough in an unlawful
manner or in such manner as to endanger the health, safety or general
welfare of the public.
(f)
Failure to hold a valid massage and bodywork license/registration
issued by the State of New Jersey.
(g)
Hindrance or obstruction of an inspection by the Board of Health
or any duly authorized police officer.
(h)
Employing or otherwise engaging massage and bodywork therapists
who do not hold valid, current licenses issued by the State of New
Jersey.
2.
Such suspension shall be upon notice issued by the Borough Clerk
and take effect immediately. The business must remain closed pending
the result of a hearing before the Mayor and Council or their designee.
The "Notice to Close" must be displayed on the front door of the business
until the hearing determination is issued.
3.
The Borough Clerk shall cause notice of the permit suspension to
be issued to the massage and bodywork therapy establishment. Within
30 business days (excluding weekends and holidays)) of said suspension,
the Borough's Mayor and Council or their designee shall hold a hearing
to determine if the violation(s) warrant revocation of license, or
determine the length of any additional suspension. Pending the hearing,
said massage and bodywork therapy establishment shall remain closed
pending a decision on the hearing by the Mayor and Council or their
designee.
4.
Notice of the hearing for the suspension or revocation shall be in
writing, setting forth specifically the grounds of the complaint and
the time and place of the hearing. Such notice shall be given personally
or mailed to the permittee at his/her address set forth in the application.
5.
At the conclusion of the hearing, the Mayor and Council or their
designee shall determine if the business permit is to be revoked or
allow reinstatement of said business permit (either immediately or
after a determined suspension with conditions). Failure of the permit
holder or assigned representative to agree to the Mayor and Council's
or their designee's conditions, if any, will result in the revocation
of the business permit. The Mayor and Council or their designee will
make its final determination based on the best interests of the health,
safety and general welfare of the Borough of Bound Brook. All findings
shall be forwarded to the State of New Jersey licensing authority.
If the Mayor and Council or their designee decide to revoke the permit,
the massage and bodywork therapy establishment or the individual permittee
will be barred from providing massage services within the Borough
for five years.
The provisions of this Section 4-17 shall not apply to massage and bodywork therapies given:
a.
In the office of a licensed physician, chiropractor or physical therapist;
or
b.
By a regularly established medical center, hospital or sanatorium
having a staff that includes licensed physicians, chiropractors and/or
physical therapists; or
c.
By any licensed physician, chiropractor or physical therapist in
his or her patient's residence; or
d.
By a licensed barber or cosmetologist/hairstylist limited to the
areas of the face, neck, scalp or upper part of the body as set forth
in the Cosmetology and Hairstyling Act of 1984, N.J.S.A. 45:5B-1 et
seq.
[Ord. No. 2013-10]
Notwithstanding any other provision of law to the contrary,
no person shall place, use, or employ a clothing donation bin within
the Borough for solicitation purposes unless all of the following
requirements are met:
a.
The clothing donation bin is owned or sponsored by a charitable organization
registered pursuant to P.L. 1994, c. 16 (N.J.S.A. 45:17A-18, et seq.),
or is sponsored by any department of the Borough;
b.
The registered charitable organization has obtained a permit, valid
for a twelve-month period, from the Borough's Zoning Officer in accordance
with the following:
1.
In its application for such a permit, the registered charitable organization
shall indicate:
(a)
The location where the bin is currently situated or proposed
to be situated;
(b)
The manner in which the charitable organization anticipates
any clothing or other donations collected via the bin would be used,
sold, or dispersed and the method by which the proceeds of collected
donations would be allocated or spent;
(c)
The name, and telephone number of the bona fide office of the
charitable organization and any entity which may share or profit from
any clothing or other donations collected via the bin; and
(d)
Written consent from the property owner to place the bin on
its property.
2.
The Zoning Officer shall not grant a permit to place, use, or employ
a clothing donation bin if it determines that the placement of the
bin could constitute a safety hazard. Such hazards shall include,
but not be limited to, the placement of a clothing donation bin within
100 yards of any place which stores large amounts of, or sells, fuel
or other flammable liquids or gases.
3.
The Zoning Officer shall impose a fee for such application, in the
amount of $25 annually for each bin to offset the costs involved in
enforcing this section.
4.
An expiring permit for a donation clothing bin may be renewed upon
application for renewal and payment of the applicable annual fee.
Such application for renewal shall include information detailing:
(a)
The location where the bin is situated, and, if the person intends
to move it, the new location where the bin would be situated after
the renewal is granted and written consent from the property owner
to place the bin on its property;
(b)
The manner in which the charitable organization has used, sold,
or dispersed any clothing or other donations collected via the bin;
the method by which the proceeds of collected donations have been
allocated or spent; and any changes the charitable organization anticipates
it may make in the processes during the period covered by the renewal;
and
(c)
The name and telephone number of the bona fide office of the
charitable organization and of any entity which shared or profited
from any clothing or other donations collected via the bin and of
any entities which may do so during the period covered by the renewal.
5.
The permit number and its date of expiration shall be clearly and
conspicuously displayed on the exterior of the clothing donation bin
in addition to the information required pursuant to Section 14-18.1d
of this section.
c.
The registered charity, and any other entity which may share or profit
from any clothing or other donations collected via the bin, maintains
a bona fide office where a representative of the charitable organization
or other entity, respectively, can be reached at a telephone information
line during normal business hours for the purpose of offering information
concerning the charitable organization or other entity. For the purposes
of this subsection, an answering service unrelated to the charitable
organization does not constitute a bona fide office.
d.
The following information shall be clearly and conspicuously displayed
on the exterior of the clothing donation bin:
1.
The name and address of the registered charitable organization that
owns or is the sponsor of the bin, and of any other entity which may
share or profit from any clothing or other donations collected via
the bin;
2.
The registered charitable organization's charitable registration
number;
3.
The telephone number of the registered charitable organization's
bona fide office and, if applicable, the telephone number of the bona
fide office of any other entity which may share or profit from any
clothing or other donations collected via the bin.
4.
In cases when any entity other than the entity which owns the bin
may share or profit from any clothing or other donations collected
via the bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected via
the bin, their proceeds, or both, may be shared or given entirely
to, an entity other than the entity which owns the bin, and identifying
all such entities which may share or profit from such donations; and
5.
A statement, consistent with the information provided to the Borough
in the most recent permit or renewal application indicating the manner
in which the entity anticipates any clothing or other donations collected
via the bin would be used, sold, or dispersed, and the method by which
the proceeds of the collected donations would be allocated or spent.
[Ord. No. 2013-10]
It shall be the duty of each registered charitable organization
issued a permit hereunder to properly maintain and service any clothing
donation bin placed within the Borough so as to prevent such clothing
bin from creating any nuisance, hazardous or unsafe condition.
[Ord. No. 2013-10]
The Zoning Officer or other person designated by the Mayor and
Council as a person authorized to enforce the provisions of this section
shall, upon receipt of a complaint by a local resident or any other
person that a clothing donation bin is causing a nuisance, hazardous
or unsafe condition, investigate such complaint and take such enforcement
action as is permitted pursuant to N.J.S.A. 40:48-2.62 and N.J.S.A.
40:48-2.63. The Zoning Officer shall not be authorized to issue more
than eight total clothing donation bin permits within the Borough,
and no more than two at any given site.
[Ord. No. 2013-10]
Any licensee who violates any provisions of this section and
fails to cure such violation within 48 hours of notice of such violation
shall be subject to the following penalties, in addition to those
penalties and remedies set forth in N.J.S.A. 40:48-2.62 and N.J.S.A.
40:48-2.63:
[Ord. No. 2013-10]
The owner of any clothing donation bin which is sponsored by
any department of the Borough shall be required to comply with the
licensure requirements hereof, but shall specifically be exempt from
the fee requirement hereof.
[Added 8-9-2022 by Ord.
No. 2022-26]
This section shall be known as the "Flea Markets, Garage Sales
and Yard Sale Permit Ordinance."
[Added 8-9-2022 by Ord.
No. 2022-26]
These rules and regulations are designed to control and restrict
flea markets, garage sales and yard sales and to restrict such sales
to casual and/or occasional occurrences only, in keeping with the
character of the neighborhood. The intent of this section is to eliminate
perpetual, prolonged and extended flea markets, garage sales and yard
sales in residential areas.
[Added 8-9-2022 by Ord.
No. 2022-26]
As used in this section, the following terms shall have the
meanings indicated:
The sale or offering for sale of new, used or secondhand
items of personal property at any one residential premise at any one
time. This includes all sales in residential areas entitled "garage
sale," "yard sale," "tag sale," "porch sale," "lawn sale," "attic
sale," "basement sale," "rummage sale," "flea market sale" or any
similar casual sale of tangible personal property.
Any goods, warehouse merchandise or other personal property
capable of being the object of a sale regulated hereunder.
All residential dwellings located within any type of zone,
zoned area, zoning district, whether or not said areas or zones are
residential, business, commercial or otherwise, within the geographic
boundaries of the Borough of Bound Brook.
Days of the week consisting of Saturday through Sunday and
excluding Monday through Friday.
[Added 8-9-2022 by Ord.
No. 2022-26]
It shall be unlawful for any person to conduct a flea market,
garage sale and/or yard sale within the geographic boundaries of the
Borough of Bound Brook without first obtaining a flea market, garage
sale or yard sale permit from the Municipal Clerk's office after filing
an application containing the information hereinafter specified.
[Added 8-9-2022 by Ord.
No. 2022-26]
a.
No more than 12 flea market, garage sales and/or yard sales, in total,
will be issued to a residence in one calendar year. Residences are
limited to one flea market, garage sale and/or yard sale per calendar
month or a one two-day weekend. The two-day weekend flea market, garage
sale and/or yard sale shall be issued one permit per day for a total
of two permits for the weekend. Each issued permit shall count towards
the 12 permits allowed in one calendar year.
b.
Issued permits shall allow for one rain date.
[Added 8-9-2022 by Ord.
No. 2022-26]
Each permit application shall be accompanied by a $10 fee and
is good for one day only, or the listed rain date. Two-day weekend
permits shall be $10 per day, or a total of $20 and are good for the
weekend period, or the listed rain date.
[Added 8-9-2022 by Ord.
No. 2022-26]
Applications for permits for flea markets, garage sales and
yard sales may be made at the Municipal Clerk's office and should
be requested at least 48 hours prior to the sale. The application
for a permit must include the name, address, telephone number, and
email address of the resident making the application. The flea market,
garage sale and yard sale permit must be posted at a visible location
to the traveling public for the duration of the sale.
[Added 8-9-2022 by Ord.
No. 2022-26]
There will be no more than two signs advertising the flea market,
garage sale or yard sale. Signs may be posted no more than three days
prior to the sale and must be removed within 24 hours of the conclusion
of the sale. Failure to remove the signs within 24 hours will subject
the sale operator to a $10 per day penalty. Signs may only be in the
form of lawn signs. They may not be placed on public property, telephone
poles, or light poles.
[Added 8-9-2022 by Ord.
No. 2022-26]
This section shall not be applicable to sales by a bona fide
charitable, educational, cultural or governmental institution, civic
group, service club, religious or fraternal society or other tax-exempt
organization; provided, however, that the burden of proof to establish
the exemption under this subsection shall be on the organization or
institution claiming such exemption.
[Added 8-9-2022 by Ord.
No. 2022-26]
a.
The person to whom the flea market, garage sale and/or yard sale
permit was issued and the person conducting the sale, the owner, tenant,
or occupant of the premises where the sale or activity is conducted
shall be responsible for the maintenance of good order and decorum
on the premises during the hours of such sale or activity.
b.
No such person shall permit any loud noises/music or boisterous conduct
on such premises or permit vehicles to impede the passage of the traffic
on any roads or streets in the area of the premises where the sale
is being conducted.
c.
No packaged or prepared foods may be distributed or sold without
prior licensing and inspection by the Borough designated Health Officer.
[Added 8-9-2022 by Ord.
No. 2022-26]
This section shall be enforced by the Bound Brook Department
of Code Enforcement and the Bound Brook Police Department, and it
shall be their duty to investigate and prosecute any violation of
this section.
[Added 8-9-2022 by Ord.
No. 2022-26]
Violation of any of the terms of this section shall be punishable
by a fine of not less than $150 nor greater than $2,000 per occurrence
in addition to any registration fee that may be due and owing. Each
subsequent occurrence shall result in an increased penalty.
