[1980 Code § 136-1]
The purpose of this section is to provide a set of uniform procedures for administering the issuance, renewal and revocation of all licenses issued by the Town, except alcoholic beverage licenses, dog licenses, taxicab licenses and other licenses not enumerated herein.
[1980 Code § 136-2; Ord. No. O-28-91]
a. 
All applications for licenses shall be accompanied by the required fee and shall be made to the Town Clerk on forms provided by him and shall contain the following information:
1. 
Name and permanent and local address of the applicant. If the applicant is a corporation, the name and address of its registered agent and each person who will actually conduct the business. All such persons are hereinafter referred to as "applicants."
2. 
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
3. 
If a vehicle is to be used, its description, including the license number.
4. 
If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.
5. 
The days of the week and the hours of the day during which the licensed activity will be conducted.
6. 
A description of the nature of the business and the goods, property or services to be sold or supplied.
7. 
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, and a statement of all charges, if any, pending against the applicant.
8. 
Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his character and responsibility.
b. 
The applicant shall be fingerprinted if the Chief of Police or Municipal Clerk determines that fingerprints are necessary for proper identification or otherwise desirable. Fingerprint records shall be immediately processed for classification and identification.
c. 
Applications by partnerships shall be signed by all partners, with the information required by this section supplied in detail as to each partner, and applications by 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, and shall be signed by each employee or agent.
d. 
Two photographs, not over one-year old, showing applicant's face, front and profile, of a minimum size of 1 1/2 by 1 1/2 inches, shall be affixed to the application.
e. 
Certification from the tax collector that any property taxes or assessments on the property wherein the business or activity is to be conducted have been paid and that there are no delinquent taxes or assessments due and owing.
[1980 Code § 136-3]
Where the Municipal Clerk deems it appropriate, applications 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 he considers necessary for the protection of the public. He shall communicate his findings in writing to the Municipal Clerk within a reasonable time after the application has been filed. If the investigator's report supports a finding that the applicant's character, ability or business responsibility is unsatisfactory or that the products, services or activity are not free from fraud, the Municipal Clerk shall refuse to issue the license and shall so notify the applicant. Otherwise, the Clerk shall issue the license immediately, provided the required license fee has been paid, except in cases where approval of the Town Council is required. In the event of the refusal of the issuance of a license, the applicant may appeal to the Town Council for a hearing. The appeal must be filed in writing with the Clerk within 14 days after notification of the refusal. The Town Council shall hold the hearing within 10 days thereafter. The decision of the Town Council shall be final.
[1980 Code § 136-4]
Licenses shall be in a form which the Town Council shall prescribe by resolution, and shall contain the following information:
a. 
The name and address of the licensee.
b. 
The number and type of the license and the nature of the licensed activity.
c. 
The address at which the licensed activity is conducted, if the activity is carried on at a fixed location.
d. 
If the licensed activity is conducted from a vehicle, the make, model and license number of the vehicle.
e. 
The expiration date of the license.
f. 
Any other appropriate information which the Town Council may require by resolution.
[1980 Code § 136-5]
The Municipal Clerk shall keep a record of all licenses issued under this section. The record shall be in a form prescribed by resolution of the Town Council and shall contain the same information as required by Subsection 4-1.4. It shall also indicate the amount of the fee paid for each license, the date on which payment was received, the date of issuance of the license, whether the license is a new license or a renewal and any other information which the Town Council may require by resolution.
[1980 Code § 136-6]
When the licensed activity is conducted at a fixed location or from a vehicle, the license shall be prominently displayed at the location or on the vehicle. In all other cases the licensee shall have the license in his possession at all times and shall display it on request of any Police Officer or other Town official or any person with whom he is doing business.
[1980 Code § 136-7]
A license shall apply only to the person to whom issued and shall not be transferable to another person. A license may be transferred from place to place, when the licensed activity is conducted at a fixed location, but only with the approval of the Town Council by resolution.
[1980 Code § 136-8]
Except where expressly provided otherwise, all licenses shall expire on December 31 of the year of issue at 12:00 midnight. Applications for the renewal of licenses shall be made not later than December 1 of the year of issue.
[1980 Code § 136-9; Ord. No. O-28-91]
A license or permit may be revoked by the Town Council after notice and a hearing for any of the following causes:
a. 
Fraud or misrepresentation in any application for a license.
b. 
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
c. 
A violation of any provision of this chapter.
d. 
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.
e. 
Conduct of the licensed activity, whether by the licensee or his 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.
f. 
Whenever a license has been issued immediately on application pending the results of investigation, it may be summarily revoked if the result of the investigation is such as would have resulted in denial of the application.
g. 
Whenever any licensee who is an owner of the property upon which the licensed business or activity is conducted has failed to pay the taxes due on the property for at least three consecutive quarters. Upon payment of the delinquent taxes or assessments, the license or permit shall be restored.
[1980 Code § 136-10]
Notice of a hearing for the revocation of a license shall be given in writing by the Municipal Clerk. The notice shall specifically set forth the grounds on 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 at his last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
[1980 Code § 136-11; Ord. No. O-28-91]
At the hearing, the licensee shall have the right to appear and be heard in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Town Council may revoke or suspend the license if it is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged. In cases where the license is about to be or is revoked or not renewed by reason of failure to pay taxes, the Council may, in its discretion, permit the license to be renewed or rescind the revocation where the licensee enters into an agreement with the Town to pay current taxes upon renewal of the license and repay back taxes in periodic and regular payments over a period not to exceed 15 months.
[1980 Code § 136-12]
The Town Council may issue another license to a person whose license has been revoked or denied if after hearing it is 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 has been revoked or denied nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.
[Ord. No. O-13-95 § 153-9]
As used in this section:
PEDDLER
A person, commonly referred to either as a "peddler" or "hawker," who goes from place to place by traveling on the streets, or from house to house, and makes a sale from mobile equipment or carries with him goods, wares and merchandise for the purpose of selling and delivering them to consumers.
SOLICITOR
A person selling goods by sample or taking orders for future delivery, with or without accepting an advance payment for the goods.
VEHICLE
Includes wagons, carts, trailers, motor trucks, motor vehicles, service dispensers or other types of conveyance.
VETERAN
For the purpose of this section, shall mean a person in an individual capacity, not part of a company, partnership or corporation, qualifying under N.J.S.A. 45:34-9 and 10 and not include anyone other than the qualifying individual.
[Ord. No. O-13-95 § 153-10]
It shall be unlawful for any peddler or solicitor to sell or dispose of any goods, wares or merchandise within the Town, without first obtaining a license and having paid the license fee prescribed in Subsection 4-2.9.
[Ord. No. O-13-95 § 153-11; Ord. No. O-26-95]
a. 
All applicants for a peddler's or solicitor's license shall file an application therefor in accordance with the provisions of § 4-1, General Licensing Provisions.
b. 
In addition to the requirements of Subsections 4-1.2 and 4-1.3, the applicant shall meet the following requirements:
1. 
Each application for a license involving the sale of any food, drink, candy or other comestible item shall be accompanied by a certificate from a licensed and practicing physician of the State of New Jersey, certifying that the applicant and/or employee selling the comestible item has been examined on a certain date, within 60 days prior to the filing of the application; and that, in the opinion of the physician, the applicant and/or employee is in good health, not subject to any contagious disease, illness, sickness and/or any other infirmity of body or mind which would make him unfit for the safe selling, dispensing, peddling or vending of any food, drink or other comestible item.
2. 
Each applicant for a license shall present proof that he is a citizen of the United States or a person satisfying all requirements of the Immigration and Naturalization Laws, or other applicable law, for holding gainful employment in the United States. Each applicant shall be required to produce a certificate of registration from the Director of the Division of Taxation of the New Jersey State Department of Treasury. Every applicant who holds a license issued under this section shall present proof of payment of New Jersey Sales Tax required pursuant to N.J.S.A. 54:32B-1 et seq. during the year preceding the application or, in the alternative, if the applicant is a tax exempt entity, the applicant shall supply proof of holding a current New Jersey Sales Tax Certificate of Authority.
3. 
Each applicant shall provide the Social Security number or Tax Identification number of the licensee and any employee(s) of the licensee who will be selling goods pursuant to the license.
4. 
Names and addresses of the persons from whom goods making up the stock were or are to be purchased.
5. 
Three business references.
6. 
The place or places of residence of the applicant for the preceding three years.
7. 
A description of the wares to be offered for sale.
c. 
Insurance requirements. Every licensee shall carry and maintain in force insurance covering its operations written by an insurance company licensed to do business in the State of New Jersey, providing the following minimum coverage and language:
1. 
Comprehensive General Liability - $500,000 (combined single limit each occurrence).
2. 
Business Automobile Liability - $500,000 (each accident), or if the license is granted to an entity that does not own any automobiles and uses employees that would use their own automobiles to conduct the business, then Employers Non-Ownership Automobile Liability will be acceptable in the alternative to Business Auto insurance requirement.
3. 
The Town and its agents and employees shall be indemnified and held harmless from all claims and demands, losses and expenses arising from the permission granted, and shall be named as an additional insured.
4. 
The issuing company shall notify the Town within 10 days of the cancellation of any of the policies.
5. 
The licensee shall provide proof of paid-up insurance coverage, and in the case of not having paid the policy for a full year, appropriate (i.e., monthly, quarterly or semi-annual proof) shall be provided.
[Ord. No. O-13-95 § 153-12]
a. 
All licenses shall be issued on forms drawn in accordance with this section. They shall be printed in book form, with corresponding stubs, and shall be consecutively numbered. The license shall contain suitable blank spaces for writing in the name, the class of the license granted, the location of the business and the amount of the fee paid. Licenses shall be valid for one year.
b. 
There shall be kept in the office of the Municipal Clerk the necessary books for recording the time the application for license is received, showing its class, whether new or renewal, name of licensee, regular number of blank forms, if the application was recommended for approval by the Chief of Police, the amount of fee received therefor and the date when the license was issued.
[Ord. No. O-13-95 § 153-13]
a. 
The Municipal Clerk shall issue with each peddler's or solicitor's license a laminated license with photograph, numbered and bearing the name of the Town and the word "solicitor" or "peddler" or other suitable inscription. The licensee shall expose his license to public view, by wearing the same upon some conspicuous place upon his person.
b. 
The licensee shall also be required to prominently display a list of wares he is authorized to sell, which list shall be certified by the Municipal Clerk.
[Ord. No. O-13-95 § 153-14; Ord. No. O-30-95]
No peddler shall:
a. 
Cart regulations. Engage in the business of peddling unless his cart is mounted on at least two wheels, which wheels are of a diameter of not less than eight inches.
b. 
Carts on sidewalks. Station, place, set up or maintain his cart on the sidewalk or allow it to remain there except at the curbline for the purpose of selling goods, wares or merchandise therefrom.
c. 
Location of cart; time limits. Station, place, set up or maintain his cart or vehicle or allow it to remain at the same location on any sidewalk or street for more than 15 minutes unless a sale is transacted or potential customer is actually stopped at the cart surveying the peddler's wares. After each sale or survey by a potential customer, the 15 minute period shall begin anew. At the expiration of the 15 minute period, the peddler must move his cart at least 30 feet. The peddler may not return to any location from which he has moved in accordance with the requirements of this subsection or to any place within 30 feet of said location for two hours. This subsection shall apply to all locations throughout the Town except Caldwell Playground and along the east side of Martin Luther King Avenue from Coal Avenue to a point 250 feet south of Coal Avenue.
1. 
For peddlers in Caldwell Playground or located along the east side of Martin Luther King Avenue, from Coal Avenue to a point 250 feet south of Coal Avenue, no peddler shall station, place, set up or maintain his cart or vehicle or allow it to remain at the same location on any sidewalk or street for more than three hours. Upon the expiration of three hours, the peddler must move his cart at least 30 feet. The peddler may not return to any location from which he has moved in accordance with the requirements of this subsection or to any place within 30 feet of said location for two hours.
d. 
Obstruction of traffic or pedestrians; litter receptacle requirements. Station, place, set up or maintain his cart or allow it to remain on any sidewalk in such a way as would (1) substantially restrict, obstruct, interfere with or impede the pedestrian's right-of-way; (2) substantially restrict, obstruct, interfere with or impede the ingress or egress from the abutting property; (3) create or become a nuisance; (4) increase traffic congestion, cause or increase traffic delay or hazards; (5) cause, create or constitute a danger to life, health or property; and (6) sell food, drinks, ice cream or confections of any kind for immediate consumption unless he has available for public use his own litter receptacle which shall be clearly marked and maintained for his patronage use. No peddler shall leave any location without first picking up, removing and disposing of any trash or refuse remaining from sales made by him.
e. 
Cart size limited on sidewalks. Use a cart the dimensions of which exceed two feet in width, four feet in length and four feet in height including wheel height, while conducting business on any sidewalk.
f. 
Overloaded carts. Use any cart which, fully loaded with merchandise, cannot be easily moved and maintained under control by the licensee, his employee or attendant.
g. 
Additional display features on carts. Use, set up, attach, place or permit the use of any fence, table, crate, carton, rack, device or structure of any kind to increase the selling or display capacity of his cart.
h. 
Unattended carts. Leave any cart unattended at any time or store, place or leave the same overnight on any sidewalk or public way of the Town.
i. 
Prohibited hours of sale. Engage in the business of selling between 9:00 p.m. and 7:00 a.m.
j. 
Proximity to intersections. Station, place, set up or maintain his cart or his goods, wares or merchandise, or allow them to remain on any part of the sidewalk for sale or display or be sold if to do so would place the seller or his goods, wares or merchandise closer than 10 feet from intersecting streets or sidewalks.
k. 
Minimum pedestrian right-of-way. Station, place, set up or maintain his cart or allow it to remain on any sidewalk if to do so would reduce the unobstructed pedestrian right-of-way to less than six feet.
l. 
Proximity to curb cuts. Engage in the business of peddling within 10 feet of any location where the curb has been depressed to facilitate pedestrian or vehicle movement.
m. 
Receipts. Engage in the business of selling at any location without giving a written receipt to each customer or engage in the business of selling at any location without maintaining on his person or on the cart or vehicle receipts showing the sales made during the preceding week. The receipts shall show clearly the seller's name, business address, license number, a description of the merchandise sold, and the purchase price and shall be sequentially numbered.
n. 
Proximity to bus stops. Engage in the business of peddling on any sidewalk or along any street within 60 feet of a bus stop sign.
o. 
Proximity to fire hydrants and crosswalks. Engage in the business of peddling on any sidewalk or along any street within 15 feet of any fire hydrant, crosswalk or driveway.
p. 
Obstructing entranceways. Station, place, set up or maintain his cart or goods at any location between the curbline and entranceway to any building, store, theater, library, school, museum, movie house, sports arena or other place of public assembly. For purposes of this subsection "entranceway" shall include a door providing ingress and egress to such places and any recessed area in the vicinity of the door.
q. 
Placing a cart where parking is prohibited. Place a vehicle or cart or conduct a general peddling business at a location in the street where stopping, standing or parking is prohibited, or during a time period when stopping, standing or parking is restricted.
r. 
Violation of traffic parking regulation. Violate any traffic parking law, ordinance or regulation, or operate in such a manner as to restrict the continued maintenance of a clear passageway for vehicles.
s. 
Display of tax certificate. Engage in the business of peddling without prominently displaying on his cart his certificate of registration from the Director of the Division of Taxation of the New Jersey State Department of Treasury.
t. 
Prohibited in residential district. Engage in the business of peddling in any residential district in the Town.
[Ord. No. O-13-95 § 153-15]
No person shall canvass or solicit within the Town except between the hours of 9:00 a.m. and 7:00 p.m.
[Ord. No. O-13-95 § 153-16]
No person licensed under this section shall call attention to his business or to his merchandise by ringing a bell, other than the doorbell at a house, or by any loud or unusual noise.
[1980 Code § 98-153; Ord. No. O-21-87 § 153; Ord. No. O-13-95 § 153-18; Ord. No. O-27-08]
Upon the filing of an application, such license fee as provided below for one-day license or for an annual license shall be paid to the Municipal Clerk for the use of the Town to defray the cost of investigating, photographing, fingerprinting, processing and issuing the license.
Type
Fee
a.
Annual license fee
$100
b.
Special event, per day
$25
[Ord. No. O-13-95 § 153-19]
a. 
Any person holding a license issued pursuant to N.J.S.A. 45:24-9 et seq. shall be exempt from the licensing provisions of this section provided, however, that such a license-holder shall be required to comply with all other provisions of this section.
b. 
Any person who is soliciting on behalf of a charitable, political or civic non-profit organization shall be exempt from the licensing requirements for solicitors.
c. 
The fee requirements of this section shall not be held to include the following persons, who are expressly exempt from such fees:
1. 
Any person selling fruits, vegetables and farm products.
2. 
Any person honorably discharged from the military, naval or marine forces of the United States.
3. 
Any blind person who is a resident of the Town.
4. 
Any person who conducts a sale pursuant to statute or court order.
5. 
Any person holding an exempt fireman certificate in accordance with the provisions of N.J.S.A. 40A:14-56.
[Ord. No. O-13-95 § 153-20]
a. 
Special Events Licenses are peddlers' licenses in effect during a special event, sponsored by a civic group or by the Town, e.g. arts fair, festival, holiday celebration.
b. 
Not later than 45 days prior to a special event, the sponsor of the event shall determine how many Special Events Licenses shall be issued for the event, and shall notify the Municipal Clerk. The Municipal Clerk shall make that number of special events licenses available on a first come-first served basis. However, from the time the special events licenses are available to 15 days prior to the event, 50% of the licenses shall be offered to residents of the Town of Morristown only. If not all of the special events licenses reserved for Morristown residents have been issued 15 days prior to the special event, then those unissued special event licenses shall be made available to the general public.
c. 
Any Special Event License for the sale of food or any comestible items shall also apply to the Division of Health for inspection and approval. Additionally, the licensee shall comply with the provisions of Subsection 4-3.10 of this chapter.
[Ord. No. O-12-95 § 153-21; Ord. No. O-16-09]
As used in this section:
ITINERANT RESTAURANT LICENSES
A license granted a peddler or solicitor who transports by vehicle or pushcart prepared food and/or food stuffs to be prepared or cooked prior to sale and beverages for sale in the Town. The food or beverage is to be sold to individual patrons while the vehicle or pushcart is stopped or parked.
LUNCH TRUCK
A motorized vehicle with the ability to serve meals, including hot food stuffs, sandwiches and beverages.
VEHICLE
Includes wagons, carts, trailers, motor trucks, service dispensers or other types of conveyance, which shall contain all merchandise and equipment with the exception of one chair for the exclusive use of the itinerant mobile restaurant operator. Such vehicle shall not exceed eight feet and 22 feet in length.
[Ord. No. O-2-08]
It shall be unlawful for any peddler or solicitor who transports prepared food and/or food stuffs to be prepared or cooked prior to sale and beverages or for any motorized vehicle with the ability to serve meals and beverages to sell food or beverages within the Town without first obtaining an Itinerant Restaurant License.
[Ord. No. O-12-95 § 153-22; Ord. No. O-17-95; Ord. No. O-16-09; Ord. No. O-23-12]
a. 
Class of licenses. Licenses for Itinerant Restaurants shall be divided into the following classes:
1. 
Class 1: License for that area of Town known as "The Green," as extended to 150 feet northerly from North Park Place, 150 feet southerly from South Park Place and 150 feet easterly from East Park Place.
2. 
Class 2: License within 30 feet of or within the boundaries of the following specific areas of the Town: Abbett Avenue Playground, Burnham Park, Caldwell Avenue Playground, Lidgerwood Park, Speedwell Park and Speedwell Avenue at or near its intersection with Henry Street. The Mayor or his designee shall determine where, in each park, the licensee may be located, giving particular consideration to the safety of the patrons approaching the vendor.
3. 
Class 3: License for the sale of frozen dairy products and frozen snacks from a motorized vehicle. The licensee may sell in any zone, provided that no sale stops shall be for more than 10 minutes in any residential zone and 30 minutes in any area or other zone.
4. 
Class 4: License for the sale of snacks and meals from a lunch truck. Licensees shall not be permitted to sell in any residential zone, and shall be limited to sale of food on private property, with the permission and invitation of the property owner. Licensees may sell food for as long as one hour in the forenoon and one hour in the afternoon of any twenty-four-hour period.
b. 
Term of licenses. All licenses shall be annual and shall expire on June 1 of each year.
c. 
Number of licenses restricted. Licenses for itinerant restaurants shall be restricted to the following number of licenses:
1. 
Class 1: Three licenses, no more than one per person. Except that the five licenses currently issued may continue as long as they are renewed pursuant to Subsection 4-3.7 and not forfeited.
2. 
Class 2: Six licenses, no more than one per person.
3. 
Class 3: Four licenses, no more than one per person.
4. 
Class 4: There shall be no limit on the number of licenses issued.
d. 
Hours of operation.
1. 
Class 1: 11:00 a.m. through 6:00 p.m.
2. 
Class 2: 11:00 a.m. through 6:00 p.m.
3. 
Class 3: 11:00 a.m. through dusk but not later than 8:00 p.m. (May 14th through and including September 16th).
Class 3: 11:00 a.m. through dusk but not later than 6:00 p.m. (September 16th through and including May 14th).
4. 
Class 4: Per Subsection 4-3.3a4 hereinabove, one hour in the forenoon and one hour in the afternoon of any twenty-four-hour period.
e. 
Forfeiture of licenses. All licenses issued for the operation of an itinerant restaurant must be used for a minimum of 600 hours per annual license period or said license shall be considered forfeited and will not be renewable under Subsection 4-3.7. All licensees shall provide a monthly report to the Town Clerk identifying the dates and times in which the itinerant restaurant was in operation.
[Ord. No. O-12-95 § 153-23A]
a. 
All applicants shall pay the license fee required, and shall file with the Municipal Clerk a sworn written application, in duplicate, on forms to be furnished by the Clerk which shall give the following information, in addition to any information required by Subsection 4-2.3:
1. 
The name and description of the applicant, including date of birth, driver's license number and social security number and tax identification number.
2. 
The permanent home address and full local address of the applicant, and any of the applicant's employees who may be vending. Any employee of the licensee shall be required to submit to a background check similar in scope to the licensee. If the applicant is a corporation, the name and address of its registered agent.
3. 
The name and address of employer, firm or person represented, together with credentials establishing the exact relationship.
4. 
A brief statement of the name of the business and description of the food stuffs to be sold or distributed.
5. 
If a vehicle is to be used, a description of such vehicle and its license number.
6. 
The days of the week and the hours of the day during which the licensed activity will be conducted.
7. 
A photograph of the applicant taken no more than 60 days immediately prior to the date of the application, which photograph shall clearly show the head and shoulders of the applicant and shall measure a minimum of 1 1/2 inches by 1 1/2 inches.
8. 
A statement as to whether the applicant and any employee who will be vending pursuant to this license has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic offenses, and the nature of such offense and the punishment and/or penalty imposed.
9. 
Appropriate evidence as to good character and business responsibility of the applicant or any employee vending pursuant to the license, so that an investigator may properly evaluate the same.
10. 
A certificate from a licensed and practicing physician of the State of New Jersey, certifying that the applicant, and/or any employee handling food to be sold to and consumed by the public, has been examined on a certain date, within 60 days prior to the filing of the application; and that, in the opinion of the physician, the applicant and/or employee is of sound physical condition, not subject to any contagious disease, illness, sickness and/or any other infirmity which might make him unfit for selling, dispensing, peddling, or vending any food, drink or other comestible item.
11. 
Each applicant shall present proof that he is a citizen of the United States or a person satisfying all requirements of the Immigration and Naturalization Laws, or other applicable law, for holding gainful employment in the United States. Each applicant shall be required to produce a certificate of registration from the Director of the Division of Taxation of the New Jersey State Department of the Treasury. Every applicant who holds a license issued under this article during the year preceding the application shall present proof of payment of New Jersey Sales Tax required pursuant to N.J.S.A. 54:32b-L et seq.
[Ord. No. O-12-95 § 153-23B; Ord. No. O-26-95]
Every licensee shall carry and maintain in force insurance covering its operations written by an insurance company licensed to do business in the State of New Jersey, providing the following minimum coverage and language:
Comprehensive General Liability - $500,000 (combined single limit each occurrence).
Business Automobile Liability - $500,000 (each accident), or if the license is granted to an entity that does not own any automobiles and uses employees that would use their own automobiles to conduct business, then employer's nonownership automobile liability will be acceptable for the business auto insurance requirement.
The Town and its agents and employees shall be indemnified and held harmless from all claims and demands, losses and expenses arising from the permission granted, and shall be named as an additional insured.
The issuing company shall notify the Town within 10 days of the cancellation of any of the policies.
The Licensee shall provide proof of paid-up insurance coverage, and in the case of not having paid the policy for a full year, appropriate i.e., monthly, quarterly or semi-annual proof shall be provided.
[Ord. No. O-12-95 § 153-23C]
No licenses issued pursuant to this section shall be valid for vending food at any special event. Licensees hereunder must apply for a special events vending license in order to vend at such an event.
[Ord. No. O-12-95 § 153-23C; Ord. No. O-23-12]
All licenses issued under this section shall be issued annually on June 1. Itinerant food vendors which are already licensed by the Town who have been operating during the license term in accordance with Subsection 4-3.3 and whose licenses expire on June 1 shall have 10 days prior to the expiration date to renew such licenses at the required fee, and those licenses who renew their licenses in a timely manner and have been using the license at an allowed location, shall be permitted to continue to operate at that location. This right shall be forfeited if not renewed within the ten-day period prior to expiration. If there are more applicants for any class of license than there are licenses authorized for that class, existing licensees who have renewed in a timely fashion shall receive first preference, and additional licenses shall be issued in sequence from a waiting list of applicants maintained by the Municipal Clerk, upon inspection and approval of any cart or vehicle by the Division of Health.
[Ord. No. O-12-95 § 153-23C]
No license issued under this section shall be assigned or transferred.
[Ord. No. O-12-95 § 153-23C]
Class 3 and 4 licenses shall be issued only to itinerant food vendors who utilize a motor vehicle which complies with N.J.S.A. 39:1-1 et seq. The licensee shall also comply at all times with all applicable motor vehicle laws and Chapter 7, Traffic.
[Ord. No. O-12-95 § 153-23C; Ord. No. O-16-09]
Whenever a mobile vehicle is used in the dispensation of food, it shall comply with the following regulations:
a. 
Minimum age of food handler. Each itinerant mobile restaurant vehicle shall be attended at all times by a certified food handler of the age of 18 years or over.
b. 
Dust guards. Each itinerant mobile restaurant vehicle in which food handling is exposed to the outdoor elements shall contain a dust guard enclosing the food preparation area.
c. 
Trash and recycling receptacles required. Each itinerant mobile restaurant vehicle shall contain a trash disposal receptacle. Itinerant mobile restaurant operators must provide for the disposal of recycling cans and/or bottles. Itinerant mobile restaurant operators are not to use public receptacles for garbage attributable to that operator's business.
d. 
Cleaning area of litter required. Before leaving any location, the operator of each itinerant mobile restaurant vehicle shall be responsible for policing of any trash or garbage caused by the use of the itinerant restaurant at that location.
e. 
Parking restrictions.
1. 
When parked on a time regulated public street, an itinerant mobile restaurant vehicle operators must obey all existing parking ordinances.
2. 
Vehicles moved or parked on public streets in connection with an itinerant mobile restaurant operator's business must comply with all State and motor vehicle laws.
3. 
No vehicle shall violate any traffic parking law, ordinance or regulation, or operate in such a manner as to restrict the continued maintenance of a clear passageway for vehicles. An itinerant mobile restaurant vehicle shall not be parked closer than 50 feet from the curbline of any intersection, fire hydrant or crosswalk, nor shall it be parked within 1,000 feet from any property line of any public or private school. All vehicles for itinerant restaurants for Class 3 shall be parked at curbside only and may not be parked in any parking lot, driveway or lawn in a residential area.
4. 
No vehicle shall idle its engines for more than three minutes at any one time.
f. 
Dispensing to vehicles in right-of-way prohibited. No holder of any itinerant mobile restaurant license, of whatsoever class, shall dispense any foodstuff or product to the occupant of any motor vehicle at any time said vehicle is parked, stopped or standing within any public right-of-way, i.e., only pedestrian customers are to be served.
g. 
Display of license required. All licenses shall be posted in a conspicuous place on the licensed vehicle.
h. 
Noise restrictions. No mobile vendor, solicitor, itinerant restaurant licensee, nor any person acting on his/her behalf, shall be permitted to shout, cry out, blow a horn, or use any sound device, including, but not limited to, any loud-speaking radio or sound-amplifying system, upon any of the streets, alleys, parks or other public or private places in the Town to call attention to their merchandise. Notwithstanding the noise prohibitions contained hereinabove to the contrary, a mobile vendor, solicitor, or itinerant restaurant licenses shall be permitted to ring a bell(s) to call attention to their merchandise while the vehicle is in motion. Such bell ringing must cease when the vehicle is parked, stopped or standing in the public right-of-way.
i. 
No signs or displays. No signs or other displays or apparatus are to be erected or displayed without the prior written approval of the Fire Official and Zoning Officer, except for signs on vehicles that stipulate prices on food offered.
j. 
Temporary utility hook-ups. Itinerant mobile restaurant operators are prohibited from the use of temporary utility hook-ups without the prior written approval of the Construction Official.
k. 
No maintenance. No commercial vehicle or itinerant restaurant vehicle maintenance service, repairs or vehicle washing may be performed by or on behalf of any mobile vendor, solicitor, itinerant restaurant licensee or itinerant mobile restaurant operator to any residential area or zone district, except for emergency maintenance, service or repairs.
[Ord. No. O-13-95 § 153-18; Ord. No. O-27-08]
Fees for itinerant restaurants shall be as follows:
Type
Fee
Class 1
$600
Class 2
$300
Class 3
$300
Class 4
$300
In addition to the license fees for licenses issued by the Municipal Clerk as set forth hereinabove, permit fees for food peddlers (itinerant mobile restaurants) shall be paid to the Division of Health in accordance with Chapter 25, Health, § 25-6.
[Ord. No. O-12-95 § 153-24]
The Health Officer is authorized and empowered to suspend or revoke any license or permit regulated by this chapter, issued to or held by any person pursuant to this section, where it is found that the licensee is violating any health code, or is handling food in an unsanitary manner so as to be a danger to the public. It shall be the duty of the licensee to comply with or obey such order immediately and to conduct no further operation until permission has been granted by the Health Officer and Division of Health. When the Health Officer contemplates a revocation action, he shall present the licensee with the opportunity for a hearing. Prior to the hearing, the Health Officer shall present written charges enunciating the reasons for the revocation and shall notify the licensee of the place and time the hearing will be held.
[Ord. No. O-12-95 § 153-25; Ord. No. O-23-12]
Any license issued under this section may be suspended or revoked upon notice and hearing before the Town Council. The license may be suspended or revoked for repeated failure to comply with the direction of a law enforcement officer to cease a practice which constitutes a violation of this section or for any action that constitutes a violation of this chapter. Procedures for the revocation of a license shall be those contained in Subsection 4-1.9 et seq. of this chapter.
[Ord. No. O-31-2018, adopted 9-25-2018]
As used in this section, the following terms shall have the meanings indicated:
ADJACENT BUILDING
The building whose principal facade fronts on the sidewalk where the sidewalk cafe is or is proposed to be located.
PERMITTED ZONE
The UR-159 (Urban Renewal) Zone, the B (Business) Zone, and the CBD (Central Business District) Zone, all as defined in Chapter 30, Land Use Regulations, and all as shown on the Zoning Map of the Town of Morristown.
PERSON
Any individual, partnership, corporation, association, or other entity.
PRINCIPAL FACADE
That portion of the facade of a building which fronts on a public street.
RESTAURANT
An establishment actually located within the adjacent building, the primary activity of which is the preparation and serving of food for consumption by the public on its premises, whether free or for cost, and where the food to be consumed is served to seated patrons by waiters or waitresses employed for that purpose on utensils of a permanent and durable material designed and capable of being reused; and shall include, by way of example, a restaurant, hotel, coffee shop, tearoom, dining room, cafeteria, luncheonette, soda fountain, sandwich shop, and the like (other than a "fast-food establishment" as defined in Chapter 30, Land Use Regulations).
SIDEWALK
The paved surface provided for the exclusive use of pedestrians and situated between and extending from any building to the curb of any street (excluding therefrom any unpaved area).
SIDEWALK CAFE or CAFE
A restaurant (as defined herein):
a. 
Serving food to be consumed by the public at tables located within that more-or-less rectangular portion of the sidewalk which lies within the area bounded by the public street, the principal facade of the adjacent building, and the projected perpendicular lines running from the outer edge of such principal facade to the public street;
b. 
Containing readily removable tables, chairs, temporary railings and/or planters; and
c. 
Unenclosed by fixed walls or ceilings, except for retractable awnings, umbrellas or other nonpermanent enclosures which in no way impede pedestrian traffic.
[Ord. No. O-31-2018, adopted 9-25-2018]
No person shall operate a sidewalk cafe within the Town of Morristown without first obtaining a sidewalk cafe license and satisfying all of the requirements of this section.
[Ord. No. O-31-2018, adopted 9-25-2018]
a. 
Each applicant for a sidewalk cafe license shall submit and file an application with the Municipal Clerk, together with three copies of a Development Plan (as defined below), and the appropriate fee. The application shall set forth:
1. 
The name and address of the applicant;
2. 
The name and address of the owner of the adjacent building (if other than the applicant);
3. 
The name and address of the person who has prepared the development plan; and
4. 
Shall be accompanied by the written authorization and approval of the owner of the adjacent building (if other than the applicant).
b. 
Development plan.
1. 
The term "development plan" shall mean a written plan setting forth the following information (and such other additional information, if any, as may be subsequently requested by the Town):
(a) 
A description of the adjacent building and a description of all properties immediately adjacent to such building;
(b) 
A description of the proposed design and location of the sidewalk cafe and all temporary structures, equipment, and apparatus to be used in connection with its operation, including tables, chairs, planters, awnings, lighting, and electrical outlets (if any);
(c) 
A statement of the seating capacity of the proposed sidewalk cafe and of the existing restaurant actually operated by the applicant in the adjacent building;
(d) 
A diagram demonstrating that pedestrian traffic along the sidewalk upon which the sidewalk cafe is proposed to be located will in no way be impeded and that the provisions of Subsection 4-5.9 shall be satisfied; and
(e) 
A description of the proposed location of the sidewalk cafe showing the actual dimensions of the area to be utilized, and the building, street, and sidewalk upon which it fronts and on which it is to be located.
2. 
The development plan shall be referred to the Construction Official, or other appropriate official designated by the Business Administrator to review such plans, who shall thereupon recommend approval, disapproval or modification of the plan within 10 business days following its submission to the Town. The Municipal Clerk may also refer the development plan to the Chiefs of the Bureaus of Police and Fire, the Health Officer, the Municipal Engineer, and the Municipal Planner for their review and recommendation.
[Ord. No. O-31-2018, adopted 9-25-2018]
a. 
No sidewalk cafe license shall be issued unless the licensee shall have first filed with the Municipal Clerk a copy of an insurance policy, issued by a company duly authorized to transact business under the laws of the State of New Jersey, providing for the payment of not less than $1,000,000, combined single limit, to satisfy all claims for damage by reason of bodily injuries to or the death of any person as a direct or indirect result of the operation of the sidewalk cafe or for injury to any person occurring on the premises occupied by such cafe, and further providing for the payment of not less than $10,000 to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such cafe.
b. 
The insurance policy shall provide that the insurance company shall notify the Town 10 days prior to cancellation or substantial change in coverage.
[Ord. No. O-31-2018, adopted 9-25-2018]
No sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the Town Clerk an indemnification agreement pursuant to which the licensee, in further consideration of the issuance of the license, shall agree to forever defend, protect. indemnify and save harmless the Town, its officers, agents and employees, from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of or which may arise out of the licensee's operation of such sidewalk cafe.
[Ord. No. O-31-2018, adopted 9-25-2018]
a. 
No sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the Municipal Clerk a maintenance agreement pursuant to which the licensee, in further consideration of the issuance of the license, shall agree, at the option of the Town, either to repair at its sole cost and expense any damage caused to the sidewalk by the operation of the cafe or to reimburse the Town in full for all costs and expenses incurred by it in making any such repairs.
b. 
The Municipal Clerk may require a bond to be filed by the licensee in an amount to be fixed by the Town.
[Ord. No. O-31-2018, adopted 9-25-2018; amended 2-14-2023 by Ord. No. O-3-2023]
a. 
Establishments without a liquor license shall be subject to the following fees:
1. 
One to 10 seats: $250.
2. 
Eleven to 25 seats: $375.
3. 
Twenty-six to 50 seats: $500.
4. 
Over 50 seats: $625.
b. 
Establishments with a liquor license shall be subject to the following fees:
1. 
One to 10 seats: $250.
2. 
Eleven to 25 seats: $500.
3. 
Twenty-six to 50 seats: $750.
4. 
Over 50 seats: $1,000.
[Ord. No. O-31-2018, adopted 9-25-2018; amended 4-12-2022 by Ord. No. O-7-2022]
All sidewalk cafe licenses shall be issued for a one-year period commencing April 1 and ending March 31 of a particular year. Licenses may be renewed annually by the filing of an application in accordance with the provisions of Subsection 4-5.3.
[Ord. No. O-31-2018, adopted 9-25-2018]
A sidewalk cafe authorized and operating pursuant to this section shall comply with all of the following rules and regulations, and such others as may be adopted by resolution of the Town Council:
a. 
Compliance with development plan. The cafe shall be operated and maintained in accordance with the development plan as finally approved.
b. 
Placement of furniture near fire hydrants. No furniture, apparatus, decoration or appurtenance used in connection with the operation of the cafe shall be placed within 50 feet of any fire hydrant, plug or standpipe without the specific written authorization of the Chief of the Bureau of Fire.
c. 
Obstruction of ingress and egress. No furniture, apparatus, decoration or appurtenance used in connection with the operation of the cafe shall be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure.
d. 
Minimum pedestrian passageway. No furniture, apparatus, decoration or appurtenance used in connection with the operation of the cafe shall be located in such a way that less than 10 feet of paved sidewalk remains for the exclusive use of pedestrians (the "required pedestrian passageway"), nor shall any such furniture, apparatus, decoration or appurtenance project or protrude into, on or above the required pedestrian passageway.
e. 
Temporary barrier required. The sidewalk cafe shall be separated from the required pedestrian passageway by a suitable temporary and portable barrier designed for such or similar use, which shall have been shown on and approved as part of the development plan.
f. 
Dishes and utensils to be of durable, reusable nature. All dishes, utensils, containers, cutlery and other items used in the operation or decoration of the sidewalk cafe shall be made of durable materials and shall have been designed for multiple reuse.
g. 
Service to patrons. Service in the sidewalk cafe shall be provided by persons engaged or employed for that purpose and shall be furnished to seated patrons only.
h. 
Litter; maintenance of sidewalks. The sidewalk area utilized by the cafe shall be kept clean and free of litter. sidewalks shall be washed daily, and trash receptacles shall be provided as required and approved by the Town.
i. 
Noise. Noise shall be kept at such a level as to comply in all respects with the provisions of § 3-1, Noise, of Chapter 3.
j. 
Hours and months of operation. Sidewalk cafes shall be permitted to operate only within a permitted zone and only from 7:00 a.m. until 11:00 p.m. year round, weather permitting, except on parade days.
k. 
Removal of furniture after closing. Within 30 minutes after the closing of the cafe, the operator shall have all the furniture, apparatus, decorations and appurtenances, and any other items used in connection with the operation of the cafe, removed from the sidewalk, except for decorative planters. All such materials shall be stored in a safe and secure interior location. Decorative planters shall be moved flush against the principal façade of the adjacent building.
l. 
Menu stands. Subject to approval by the Zoning Officer, any licensed sidewalk cafe may have one menu display not to exceed three square feet.
m. 
Compliance with State Sanitary Code. The operator shall comply with all the requirements of N.J.S.A. 26:1A-7 et seq. (also known as Chapter XII of the New Jersey State Sanitary Code") and N.J.S.A. 24:15-1 et seq.
n. 
Operation limited to operator of primary restaurant. The cafe shall be actually operated and maintained by the same person who operates and maintains the related restaurant of which the cafe is a part and an extension.
o. 
Compliance with ordinances. The operator shall comply with all other ordinances of the Town of Morristown.
p. 
Fire pits, LP-gas fire pits and LP-gas mushroom-type heaters. Fire pits and LP-gas fire pits are not permitted within any sidewalk cafe. LP-gas mushroom-type heaters are permitted but shall not be used in buildings, including tents, or partially covered canopy-type enclosures, foyers, and enclosed courtyards. For LP-gas mushroom-type heaters, the minimum safety instructions are, but are not limited to, the following:
1. 
The mushroom-type heater unit shall not be left unattended.
2. 
The unit shall be placed on a hard and level surface.
3. 
The unit's LP-gas tank shall be turned off when the heater is not in use.
4. 
The unit shall not be used if wind velocity is greater than 10 mph to prevent flame-out.
5. 
LP-Gas maximum inlet pressure shall meet the manufacturer's recommendations.
6. 
After use, the heater unit shall be allowed to cool for at least 20 minutes before handling.
7. 
The unit shall only be used outdoors in a well-ventilated area.
8. 
The unit shall not be handled while in use.
9. 
The unit shall be so placed as to keep children away.
10. 
The unit shall be placed at least five feet away from any flammable materials, such as carpet, drapes, decorations, chemicals, paper goods, furniture, etc.
11. 
Units shall be sufficiently anchored so as to prevent accidental tip-over.
12. 
Units shall be sufficiently cordoned-off as to prevent casual contact by the public.
13. 
Unit hook-up may require the use of a suitable crescent or box-end wrench only.
14. 
Tanks shall be stored five feet from any doorway or building opening .
[Ord. No. O-31-2018, adopted 9-25-2018]
a. 
The sidewalk area upon which a cafe has been authorized to operate pursuant to this section shall constitute premises duly licensed for the sale and consumption of alcoholic beverages; provided, however, that the related restaurant of which the cafe is a part and an extension is so licensed, and provided further that specific approval has been obtained from the Town Council for the extension of the alcoholic beverage consumption license to the sidewalk area. Such approval shall be separate from, and must be obtained in addition to, the license to operate a sidewalk cafe pursuant to this section.
b. 
Patrons of a cafe that does not have a license to sell alcoholic beverages on the sidewalk area upon which the cafe has been authorized to operate pursuant to this section shall be permitted to carry onto and consume wine or beer on such sidewalk area.
[Ord. No. O-31-2018, adopted 9-25-2018]
a. 
Upon a determination by an officer or employee of the Town charged with the responsibility for enforcing the provisions of this section that a licensee has violated one or more of such provisions, such officer or employee shall give written notice to the licensee to correct the violation within 24 hours of the receipt of such notice by the licensee. Such notice shall also be filed with the Municipal Clerk. In the event that the licensee fails or refuses to correct such violation within such period, the Municipal Clerk shall revoke the sidewalk cafe license.
b. 
Upon the revocation of such license, the licensee, upon written request, shall be entitled to a hearing before the Town Council within 14 days of the date of its request. Such hearing shall be conducted in accordance with the provisions of Subsection 4-1.11.
[1980 Code § 68-1]
The purpose of this section is to prevent unfair competition and dishonest business practices, and to protect the public from fraud.
[1980 Code § 68-2]
No person shall conduct within the Town an auction sale of works of art, bric-a-brac or rugs, jewelry, precious stones, watches, clocks, silverware and all other similar articles commonly associated with a jewelry store without obtaining a license therefor.
[1980 Code § 68-3]
An application for a license shall contain the following information in addition to that required by Subsection 4-1.2:
a. 
Place of residence for the preceding three years.
b. 
At least three business references.
c. 
Length of time for which license is desired.
d. 
Description and inventory of the articles to be offered for sale.
e. 
Statement in detail as to the provenance of the articles to be offered for sale and, if purchased or received within one year prior to application, the invoices covering the same.
[1980 Code § 68-4]
Before a license may be issued, the applicant shall execute and deliver to the Municipal Clerk a bond drawn in the name of the Town and with sufficient security as approved by the Municipal Clerk, in the amount of $100,000. The bond shall be conditioned to indemnify and pay to the Town any penalty or cost incurred in the enforcement of this section in connection with the license to be issued. The bond shall further be conditioned to indemnify and reimburse the purchaser of any article at a sale made by the licensee in the sum equal to the amount of the payment the purchaser may have been induced to make through the misrepresentation as to the kind, quality or value of the article purchased, whether the misrepresentation was made by the licensee or the owner or by their agents or employees, either at the time of making the sale or through advertisement of any nature printed or circulated with reference to the articles to be sold or to any part thereof. Any claim by a purchaser must be made to the Municipal Clerk within one year from the issuance of the license.
[1980 Code § 68-5]
License applicants shall be investigated and licenses shall either be issued or denied according to the procedures set forth in Subsection 4-1.3 of this chapter.
[1980 Code § 68-6, § 98-68; Ord. No. O-21-87; Ord. No. O-27-08]
The license fee for the first day shall be $150 and for each additional business day thereafter that such business shall be conducted the fee shall be $50, and the license shall be issued for not more than 14 calendar days. The license may be extended for such additional business days or from day to day as the licensee shall request, and the Municipal Clerk shall issue a continuance on the license after the fee for each day so continued shall be paid.
[1980 Code § 68-7]
No licensee shall sell or offer for sale any article not mentioned in the inventory.
[1980 Code § 68-8]
a. 
False representations forbidden. No licensee or owner shall print, circulate or publish any statement or representation as to any article to be sold which is directly or by implication untrue in fact.
b. 
Representations as to provenance and condition binding upon the party selling. If at any auction any licensee or owner or agent conducting the sale shall falsely represent that the articles being offered constitute bankrupt, trustee, assignee or fire salvage stock or any other stock sold under peculiar circumstances making such sale necessary or desirable, or should such person make any false or misleading statement touching the provenance or condition, kind, quality or value of the articles to be sold, that statement shall be held and deemed to be a warranty, binding on the parties conducting the sale.
[1980 Code § 68-9]
During the two weeks mentioned in Subsection 4-7.5, the articles to be sold under the license as set forth in the description and inventory required to be filed shall be open for public inspection and examination.
[1980 Code § 68-10]
No auction shall take place between the hours of 9:00 p.m. and 9:00 a.m.
At any sale no person shall act or be employed or used or allowed to act as what is commonly known as a "by-bidder," "capper" or "booster"; nor shall the auctioneer at any auction sale accept or pretend to accept any false, misleading or fictitious bid for any article offered for sale. Every individual sale must be bona fide in all respects. The auctioneer shall recognize no bidder for any articles exposed for sale unless the bidder, in bidding, shall extend his arm above his head so as to be plainly seen and identified as a bidder by those present. Each article sold shall be immediately and publicly delivered to the successful bidder and the amount of the bid shall then and there and in public be paid for by the purchaser.
[1980 Code § 68-13]
No person shall be relieved or exempt from the requirements of this regulation by reason of associating temporarily with any licensed merchant or dealer or general auctioneer or by conducting the sale in connection with or as a part of the business of or in the name of any such licensed merchant, dealer or general auctioneer.
[1980 Code § 68-14]
The requirements of this section shall be held not to apply to the following:
a. 
Auction conducted under direction of any court.
b. 
Any auction sale which is specifically authorized by State Statute.
c. 
Any auction sale by any artist of pictures, sculptures or other works of art made by him.
d. 
Any auction sale of any such articles mentioned in Subsection 4-7.2 which are a part of the personal effects and/or household furnishings of any person and which articles have been owned by such person and have been used by him as such in the Town for at least a period of six months prior to any such auction sale thereof.
e. 
Any auction sale by any executor or administrator of articles which were a part of the personal effects and/or household furnishings of a deceased person owned by him and used by him as such in the Town at the time of his death.
f. 
Any auction sale conducted by a charitable or philanthropic organization as defined by Subsection 4-4.1.
[1980 Code § 68-15]
As used in this section:
CLOSING-OUT SALE
All sales advertised, represented or held out under the designation of "going out of business," "discontinuance of business," "selling out," "liquidation," "lost our lease," "must vacate," "forced out," "removal" or any other designation of like meaning.
OWNER OF THE BUSINESS
The person who shall have operated the business for a period of at least 90 days prior to the closing-out sale, and includes any assignee for the benefit of creditors, executors, administrators and court-appointed receivers or other personal representatives of the "owner of the business."
[1980 Code § 68-16]
No person shall advertise or conduct any sale of goods, wares or merchandise, at retail, that is represented as a bankrupt, insolvent, assignee's, adjustor's, trustee's, executor's, administrator's, receiver's, wholesaler's, jobber's, manufacturer's, closing-out, liquidation, closing-stock, fire or water damage sale, or any other sale which is by representation or advertisement intended to lead the public to believe that the person conducting such sale is selling out or closing out the goods, wares or merchandise of any business for less than the current or going retail price in the Town, without first filing with the Town Clerk the inventory or affidavit hereinafter provided for and obtaining from him a license so to do, to be known as a "closing-out sale license."
[1980 Code §§ 68-17, 98-68; Ord. No. O-21-87; Ord. No. O-27-08]
a. 
The fee for a closing-out sale license shall be:
1. 
License fees for a period not exceeding 10 consecutive days: $75.
2. 
For a period not exceeding 20 consecutive days: $150.
3. 
For a period not exceeding 30 consecutive days: $225.
4. 
For each additional 30 consecutive days: $225.
b. 
Only one such license shall be issued to any one person within a twelve-month period, and no such license shall be issued for more than 30 consecutive days, and further provided that the 30 days shall be reduced by the number of days that the owner of the business or other person shall have conducted an illegal closing-out sale in the twelve-month period before issuance of the license. Licenses may be renewed as necessary for 30 consecutive days, provided, however, that the total period for which the license may be issued shall not exceed 90 days.
[1980 Code § 68-18]
The inventory required by Subsection 4-8.2 shall contain a complete and accurate list of the stock of goods, wares and merchandise to be sold at the sale, including a description of the goods, name of the manufacturer, brand name, name of supplier to the owner, date of purchase, cost to the owner, regular wholesale price, regular retail price and proposed sale price, which inventory or list shall be signed by the person seeking the license or by his authorized resident agent, and by affidavit at the foot thereof he or such agent shall swear or affirm that the information supplied is full and true and is known by him or the agent to be so.
[1980 Code § 68-19]
a. 
It shall be unlawful to sell, offer or expose for sale at any such sale or to list on such inventory any goods, wares or merchandise which:
1. 
Are not the property of the owner of the business being terminated.
2. 
Were not acquired by the owner of the business or brought upon the premises for selling during the closing-out sale.
3. 
Are to make any replenishments or additions to such stock for the purposes of such sale or during the time thereof.
b. 
It shall also be unlawful to fail, neglect or refuse to keep accurate records of the articles or things sold, from which records the Municipal Clerk may ascertain the kind and quantity or number sold.
c. 
Goods, wares and merchandise purchased by the owner of the business to be terminated from other than the owner's regular wholesale supplier at less than the usual wholesale price within 19 days of the application for the license shall be presumed to have been acquired for the purpose of selling during the closing-out sale and shall be in violation of this section.
[1980 Code § 68-20]
The Municipal Clerk may, at his discretion, verify the details of an inventory filed for the purpose of obtaining a "closing-out sale license," or he may make a check and verify the items of merchandise sold during the sale. It shall be unlawful for any persons to whom a "closing-out sale license" has been issued to fail or refuse to give the Municipal Clerk or any person designated by him for that purpose all the facts connected with the stock on hand or the proper information as to goods sold or any other information that he may require in order to make a thorough investigation of all things connected with the sale.
[1980 Code § 68-21]
The provisions of this section shall not be applicable to trustees in bankruptcy, executors, administrators, receivers or public officers acting under judicial process.
[1980 Code § 113-1]
No person shall distribute, place in or on or deliver to any house, store or other place in the Town any handbill, flyer, throwaway, placard, advertisement or printed or written advertising matter of any kind whatsoever without first obtaining a license so to do and paying the license fee as hereinafter described. Bona fide candidates for office in any primary, municipal or general election are exempt from the requirements of this section.
[1980 Code §§ 98-113, 113-2; Ord. No. O-21-87]
The license shall be issued by the Municipal Clerk. In addition to general requirements, the Municipal Clerk may require the applicant to give three personal references. The license fee shall be $25. No fee shall be required from any charitable or civic organization as determined by the Municipal Clerk, and in this case the word "civic" or "charitable" shall be endorsed on the license. A license shall authorize the holder to use other persons as actual distributors, but only of matter pertaining to the business or affairs of the holder of the license, and provided each distributor is first registered with the Municipal Clerk by the holder. No person shall be registered as a distributor for a license holder or act as a distributor unless he shall be qualified under this section to hold a license. The holder of a license, as well as the distributor, shall be responsible for the acts of a distributor.
[1980 Code § 113-3]
No person shall place on or attach to any road pavement, sidewalk pavement, curb, tree, pole, post, fence, standard or any other object located on, in or along any road or any park or playground or any other public place in the Town, or throw away or about or strew, leave or abandon on or in any road or any park or playground or other public place in the Town, or put or place on or in or attach to any automobile or other vehicle of any other person standing on or in any road, park, playground or other public place in the Town, or distribute or deliver to any other person on or in any road, park, playground or other public place in the Town or being in any automobile or other vehicle standing thereon or therein, any handbill, flyer, throwaway, placard, advertisement or printed or written advertising matter of any kind whatsoever. This subsection shall not apply to any legal notice required by law to be posted, nor to any tag or plate showing the number or ownership of any utility pole or post, nor to any advertisement or other matter mentioned in this subsection now allowed to be placed on or attached to any standard or pole immediately in front of the residence or place of business, or on or to any building, of any such person so placing or attaching the same, nor to any sign or advertisement permitted by the Land Use Regulations of the Town.
No person shall show or exhibit, or cause to be shown or exhibited, in any place in the Town except in a theater or place of exhibition regularly licensed, for any price, gain or reward, any beast, animal, menagerie, collection of beasts or animals, any feat of activity or agility of horses or other animals or their riders, or both, or any such like shows or exhibitions, roller skating, circus, any natural or artificial curiosities, caravan of animals, concerts of music either vocal or instrumental, or both, any moving pictures or photographic representations or any other shows or exhibitions of any kind, without first having obtained a permit or license for that purpose as hereinafter provided.
[1980 Code § 190-2]
The Town Council may grant a license for the shows or exhibitions as defined in Subsection 4-10.1, for the fee herein, on such terms and conditions as the Council may prescribe.
[1980 Code §§ 98-190, 190-3; Ord. No. O-21-87; Ord. No. O-27-08]
a. 
The fees for licenses or permits for theaters, shows or exhibitions shall be as follows:
1. 
For any concerts, exhibitions and public shows, the license fee for one year shall be $3 for each seat therein.
2. 
For any separate show or exhibition not given in any regularly licensed theater or place of exhibition or for any series of shows or exhibitions, the license fee shall be $100.
b. 
All shows, exhibitions or entertainments given by any organized society or body of persons belonging to the Town or by any amateur dramatic or literary association of the Town or which may be given for any charitable purpose or for the benefit of any school or church shall be exempt from the requirements of this section.
[Ord. No. O-16-83 § 139-1; Ord. No. O-3-84; Ord. No. O-22-87]
As used in this section:
DISPLAY WINDOW
A window used for the display of merchandise.
MAINTAIN
Place, install, maintain or operate a newspaper vending machine.
NEWSPAPER VENDING MACHINE
Any self-service or coin-operated box, stand, rack, container, storage unit or other dispenser installed, used or maintained for the purpose of offering for sale, vending, distributing or giving away any publication.
PUBLICATION
Any newspaper, magazine, periodical or similar printed matter; its purpose being the dissemination of information and not for the dissemination of basic commercial information such as the availability or prices of products or services.
ROADWAY
The portion of a street improved, designed, or ordinarily used for vehicular travel.
SIDEWALK
Any surface provided for the exclusive use of pedestrians, including the area between the sidewalks and the curb of any street, or, if there is no sidewalk, the area between the edge of the roadway and the property line adjacent thereto.
STREET
All the area dedicated to public use for public street purposes including, but not limited to, roadways, parkways, alleys and sidewalks.
UNPROTECTED LANDSCAPED AREA
An area improved with grass, flowers or shrubs that is not protected by either a manmade barrier, such as a fence, or a natural barrier, such as a hedge.
[Ord. No. O-16-83 § 139-2; Ord. No. O-22-87; Ord. No. O-2-08]
No person shall maintain a newspaper vending machine on any public property in the Town of Morristown without first filing an application for a Newspaper Vending Machine Permit and obtaining a permit for such machine. One permit shall be required for each newspaper vending machine. The purpose of the application is to notify the Town of the location of newspaper vending machines and the owner's intent to comply with the requirements of this section.
[Ord. No. O-16-83 § 139-3; Ord. No. O-22-87; Ord. No. O-2-08]
A permit shall be issued within two business days upon payment of the permit fee and the submission of the following three informational items:
a. 
Proof of insurance for at least the minimum amount as required by this section.
b. 
Duly executed indemnification form as required by this section.
c. 
Provision of the name and address of the newspaper vending machine owner and specification of the location of the newspaper vending machine by approximate street address or intersection designation.
[Ord. No. O-16-83 § 139-4; Ord. No. O-22-87]
No Newspaper Vending Machine Permit shall be issued unless the machine owner shall have executed and filed with the Municipal Clerk an indemnification agreement pursuant to which the owner agrees to forever defend, protect, indemnify and save harmless the Town, its officers, agents and employees from and against any and all causes of action, injuries, losses, damages, expenses, fees and costs arising out of the location of newspaper vending machine or machines or to arise out of the owner's maintenance of a machine or machines in the Town.
[Ord. No. O-16-83 § 139-4A; Ord. No. O-22-87]
a. 
No Newspaper Vending Machine Permit shall be issued unless the machine owner shall have filed with the Municipal Clerk a copy of an insurance policy, issued by a company duly licensed to transact business under the insurance laws of this State, providing for the payment of not less than $100,000 to satisfy all claims for damage by reason of bodily injuries to or the death of any person due to the maintenance of such machine and further providing for the payment of not less than $10,000 to satisfy all claims for property damage due to the maintenance of such machine.
b. 
The insurance policy shall provide that the insurance company shall notify the Town of Morristown 10 days prior to cancellation or substantial change in coverage.
c. 
The machine owner, as an alternative to presenting the Municipal Clerk a copy of an insurance policy, may present to the Municipal Clerk a signed letter from its accountant stating that the machine owner is self-insured for the amount required by this section.
[1980 Code § 98-139; Ord. No. O-16-83 § 139-5; Ord. No. O-21-87 § 139; Ord. No. O-27-08]
The fee for a Newspaper Vending Machine Permit shall be as follows:
Type
Fee
a.
Annual Newspaper Vending Machine Permit (per machine)
$35
b.
Relocation of Licensed Newspaper Vending Machine
$25
[Ord. No. O-16-83 § 139-6]
All Newspaper Vending Machine Permits shall expire annually on March 31, at 12 midnight. Permits may be renewed annually by filing an application in accordance with the provisions of Subsection 4-12.3.
[Ord. No. O-16-83 § 139-7; Ord. No. O-22-87]
Newspaper Vending Machine Permits shall be issued within two business days after the submission of the requisite documents as required by this section.
[Ord. No. O-16-83 § 139-8]
No person shall maintain a newspaper vending machine on any portion of a roadway, nor shall any person permit a newspaper vending machine to project onto, into or over any portion of a roadway.
[Ord. No. O-16-83 § 139-9; Ord. No. O-22-87]
a. 
Subject to the provisions hereinafter set forth, newspaper vending machines shall only be maintained on a sidewalk and shall be either (1) parallel to the curb with the outer edge not less than 18 inches nor more than 24 inches from the edge of such curb, or (2) parallel to the wall of a building, with the inside edge not more than six inches from such wall.
b. 
No person shall place, install, maintain or operate a newspaper vending machine at any of the following locations on any public sidewalk or parkway:
1. 
Within three feet of any marked crosswalk.
2. 
Within 12 feet of the curb return of any unmarked crosswalk.
3. 
Within 12 feet of any fire hydrant or fire call box.
4. 
Within six feet of any unprotected landscaped area.
5. 
Within six feet, as measured along the building line, of any display window of any building abutting the sidewalk or in such location as to impede or interfere with the reasonable use of such window for display purposes.
6. 
At any location where installation of the machine would reduce the clear space for the passage of pedestrians to less than three feet.
7. 
At any location where the machine would unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or at any location where the machine would endanger the safety of persons or property.
8. 
At any location where the machine would unreasonably interfere with the use of poles, posts, traffic signals, hydrants, mailboxes, or other objects permitted at or near such location.
9. 
At any location where the machine would interfere with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery, police call box or other emergency facility.
10. 
Within five feet of any area improved with flowers, shrubs or trees.
c. 
No more than three newspaper vending machines shall be located adjacent to each other. No machines shall be linked or joined; groups of newspaper vending machines numbering three or less must be spaced from the closest group of newspaper vending machines by at least six feet.
[Ord. No. O-16-83 § 139-10; Ord. No. O-3-84; Ord. No. O-16-87]
Any newspaper vending machine which is placed, installed, maintained or operated, in whole or in part, upon or projecting over any portion of a public sidewalk shall comply with the following standards:
a. 
No machine shall be larger than five feet in height, 30 inches in width, and two feet in depth.
b. 
No machine shall be chained, bolted or otherwise attached to any property not owned by the owner of such machine.
c. 
No machine shall be placed in an area that would obstruct the opening of a door of any legally parked vehicle.
d. 
No machine shall weigh in excess of 125 pounds when empty.
e. 
No machine shall be used for advertising, signs or publicity purposes, other than that dealing with the display, sale or purchase of the publication sold therein.
f. 
Each machine (and the area immediately surrounding the machine) shall be maintained in a clean, neat condition and in good repair at all times.
g. 
The owner of each machine shall affix thereto his name, address, and telephone number in a place where such information may be easily seen.
[Ord. No. O-16-83 § 139-11; Ord. No. O-22-87]
a. 
The Town may impound any newspaper vending machine that creates an unreasonable danger to pedestrians or vehicles.
b. 
The Town may impound any newspaper vending machine where the owner is not complying with the express informational requisites for issuance of the permit.
c. 
The Town may impound any newspaper vending machine in which the annual license fee has not been paid within seven days after the due date.
d. 
Written notice of a newspaper vending machines' impoundment will be sent by regular mail to the owner of the impounded machine by the next full business day after the impoundment. The machine owner shall be entitled to obtain the return of the impounded machine from the Town upon request during normal business hours, provided that the machine is not being held as evidence in any criminal proceeding.
[1980 Code § 64-1]
As used in this section:
AUTOMATIC AMUSEMENT DEVICE
Any machine or device which, upon the insertion of a coin, token, plate or disk, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. The term shall include, but is not limited to, amusement devices commonly known as electronic video games, pinball, skill ball, mechanical grab machines, marble machines, baseball, bagatelle, and all games, machines or devices similar thereto under whatever name they may be designated.
DISTRIBUTOR
Any person who supplies, offers or exhibits for sale, leases, sells, repairs or distributes automatic amusement devices to any other person.
NET FLOOR AREA
The total number of square feet which the public is invited to use and occupy, other than restrooms and areas of ingress and egress. Excluded from "net floor area" are areas used for storage, offices, kitchen, counter space, shelving, and any areas which are not used by the public on a regular basis. The Construction Official or his designee shall determine the net floor area in each prospective licensed premises subject to this section.
PREMISES
Any building, business, store, restaurant, tavern or other place to which the public is invited or may enter.
PROPRIETOR
Any person who owns, leases, rents or operates any premises on or at which any automatic amusement device is kept, placed, or exhibited for use or operation by the public.
[1980 Code § 64-2; Ord. No. O-2-08]
a. 
Proprietor's License. No person shall keep, place or exhibit any automatic amusement device for use or operation by the public on or at any premises in the Town without first obtaining a Proprietor's License for such premises.
b. 
Automatic Amusement Device License. No person shall keep, place or exhibit any automatic amusement device for use or operation by the public on or at any premises in the Town without first obtaining an Automatic Amusement Device License for such automatic amusement device.
c. 
Distributor's License. No person shall supply, offer or exhibit for sale, lease, sell, offer to repair or distribute any automatic amusement device in the Town without first obtaining a Distributor's License and if such distributor shall permit a customer to operate such machine being offered for sale, etc., such operation shall be free of charge.
d. 
Exemptions. Establishments or individuals maintaining three or fewer automatic amusement devices incidental to the primary use of said establishment shall be exempt from the licensing requirements for a proprietor's license and a device license as required by this section.
[1980 Code § 64-3]
a. 
An application for a Proprietor's License shall be filed in writing with the Municipal Clerk pursuant to Subsection 4-1.2. In addition to the requirements of Subsection 4-1.2, the application shall state the following:
1. 
The names and addresses of the suppliers, lessors, distributors and/or owners of the automatic amusement devices to be kept on the premises.
2. 
The number of devices to be kept, placed or exhibited on the premises for use or operation by the public, which number shall be specified upon the Proprietor's License.
3. 
The net floor area, in square feet, of the premises, together with a diagram of the floor area.
b. 
The application shall be accompanied by a certification from the Division of Code Enforcement that the premises occupancy load has been calculated and posted in accordance with the New Jersey State Uniform Construction Code.
c. 
The application shall be accompanied by a certification from the Division of Housing and Property Maintenance that the premises are in substantial compliance with the Fire Prevention and Housing and Property Maintenance Codes of the Town of Morristown.
d. 
A Proprietor's License shall not be transferred or assigned. Specifically, but not by way of limitation, a Proprietor's License shall not run with the premises, nor shall sale of the premises effectuate a transfer of the license.
[1980 Code § 64-4]
a. 
An application for an Automatic Amusement Device License shall be filed in writing with the Municipal Clerk pursuant to Subsection 4-1.2. In addition to the requirements of Subsection 4-1.2, the application shall state the following:
1. 
The names and addresses of the suppliers, lessors, distributors and/or owners of the device.
2. 
The serial number and type of the device.
b. 
An Automatic Amusement Device License may be transferred provided that the requirements of Subsection 4-14.10 are met.
c. 
No Automatic Amusement Device License shall be issued to any person other than one holding a valid Proprietor's License hereunder.
[1980 Code § 64-5]
a. 
An application for a Distributor's License shall be filed in writing with the Municipal Clerk pursuant to Subsection 4-1.2.
b. 
A Distributor's License shall not be transferred or assigned.
[1980 Code § 64-6]
All Proprietor's Licenses, Automatic Amusement Device Licenses and Distributor's Licenses shall expire annually on September 30 at 12:00 midnight. Application for renewal of Proprietor's Licenses, Automatic Amusement Device Licenses and Distributor's Licenses shall be filed not later than September 1.
[1980 Code § 64-7; Ord. No. O-21-87]
Fees for Proprietor's Licenses, Automatic Amusement Device Licenses and Distributor's Licenses, transferring Automatic Amusement Device Licenses and amending Proprietor's Licenses shall be as provided below. The license fee for any Proprietor's License, Automatic Amusement Device License or Distributor's License issued after April 1 of any calendar year shall be 1/2 of the respective annual fee. License fees shall not be refundable.
Type
Fee
a.
Automatic Amusement Device License
$250
b.
Transfer of Automatic Amusement Device License
$25
c.
Proprietor's License
$500
d.
Amendment to Proprietor's License
$100
e.
Distributor's License
$750
[1980 Code § 64-8]
In addition to the information required by Subsection 4-1.4, each Automatic Amusement Device License shall contain the serial number and type of the device. The license shall be firmly attached at a conspicuous place on the device.
[1980 Code § 64-9]
a. 
If a proprietor licensed hereunder desires to increase the number of devices to be kept, placed or exhibited on the premises for use or operation by the public, he shall file an amendment to his original application for the Proprietor's License filed pursuant to Subsection 4-14.3 and surrender his original Proprietor's License to the Municipal Clerk. The amendment shall state the following:
1. 
The names and addresses of the suppliers, lessors, distributors and/or owners of the additional devices to be kept, placed or exhibited on the premises for use or operation by the public.
2. 
The revised number of devices to be kept, placed or exhibited on the premises for use or operation by the public.
b. 
Upon determining that the proprietor is in compliance with all the provisions of this section, the Municipal Clerk shall issue a new Proprietor's License reflecting the revised number of automatic amusement devices to be kept, placed or exhibited on the premises for use or operation by the public. Issuance of the new license shall not alter the proprietor's obligation under Subsection 4-14.21 to obtain an Automatic Amusement Device License for each additional device.
[1980 Code § 64-10]
If a proprietor desires to transfer an Automatic Amusement Device License from one device to another, he shall file an application pursuant to Subsection 4-14.4 and surrender his Automatic Amusement Device License to the Municipal Clerk. Upon determining that the proprietor is in compliance with all the provisions of this section, the Municipal Clerk shall issue a new license identifying the substituted device.
[1980 Code § 64-11]
a. 
No Proprietor's License shall be issued for any premises containing more than two automatic amusement devices kept, placed or exhibited for use or operation by the public and located within 500 feet of any residential zone, church, school, auditorium, hospital or like place.
b. 
No Proprietor's License shall be issued for any premises containing more than two automatic amusement devices kept, placed or exhibited for use or operation by the public and located within 1,000 feet of any other premises licensed pursuant to this section containing more than two such devices.
[1980 Code § 64-12]
a. 
No premises shall contain more than one automatic amusement device for every 100 square feet of net floor area.
b. 
Automatic amusement devices shall be separated from each other by at least eight feet, provided that if the devices are placed along a wall they shall be separated from other devices along the same wall by at least four feet.
c. 
No automatic amusement device shall be located within eight feet of any doorway, aisle, hallway, passageway, or other means of ingress or egress, including designated fire exits.
[1980 Code § 64-13]
a. 
No license shall be issued for any automatic amusement device which is in the nature of a gambling device or which offers a prize or the return of any money.
b. 
No proprietor shall permit betting or gambling on the premises or offer a prize or other reward to any person playing any automatic amusement device.
[1980 Code § 64-14]
a. 
The proprietor shall provide one attendant over 18 years of age for every increment of one to five automatic amusement devices kept, placed or exhibited on the premises for use or operation by the public. The requisite number of attendants shall be present at all times during which the public is invited to use or operate the automatic amusement devices.
b. 
If more than two devices are kept, placed or exhibited on the premises for use or operation by the public, the attendant(s) shall have no duties other than those exclusively related to supervision of the use and operation of the devices.
[1980 Code § 64-15]
a. 
No proprietor shall permit the possession and/or use of any intoxicating liquor by any person on the premises, unless the proprietor is licensed to sell intoxicating liquor on such premises.
b. 
No person shall have in his possession and/or use any intoxicating liquor while he is on any licensed premises, unless the proprietor of such premises is licensed to sell intoxicating liquor thereon.
[1980 Code § 64-16]
No proprietor shall permit the consumption of any food or beverages on the premises, except if food or beverages are sold thereon.
[1980 Code § 64-17]
a. 
No proprietor shall permit the use of any automatic amusement device by persons under the age of 18 years unaccompanied by a parent or legal guardian during the following hours:
1. 
Between 8:00 a.m. and 4:00 p.m. on days when elementary, middle and secondary schools in the Town of Morristown are in regular session.
2. 
Between 10:00 p.m. and 8:00 a.m. every day.
b. 
The proprietor, or the attendant in charge, shall direct any minors present and unaccompanied by a parent or legal guardian to leave the premises at 10:00 p.m.; no such unaccompanied minor shall be admitted to the premises after 10:00 p.m.
[1980 Code § 64-18]
a. 
The licensed premises shall comply with all requirements of the Fire Prevention and Housing and Property Maintenance Codes of the Town and by other ordinances of the Town governing use and occupancy of premises.
b. 
Nothing herein stated shall be construed to exempt any proprietor from complying with the requirements of any other ordinance of the Town of Morristown.
c. 
No proprietor shall permit a density of occupancy of the premises greater than the posted occupancy load.
[1980 Code § 64-19]
Any automatic amusement device not licensed pursuant to this section shall not be kept on the premises in any areas to which the public is invited and has access.
[1980 Code § 64-21]
In addition to the grounds for revocation set forth in Subsection 4-1.9, the Town Council shall have the right, after notice and a hearing, to revoke any license issued hereunder for the violation of any of the provisions of this section.
[1980 Code § 77-1]
No person shall open or keep a public billiard parlor within the limits of the Town of Morristown unless he has first been licensed by the Town Council.
[1980 Code § 77-2]
The Town Council may grant a license for a public billiard parlor within the limits of the Town for a term not to exceed one year upon written application signed by the applicant and six reputable citizens.
[1980 Code §§ 77-3, 98-80; Ord. No. O-21-87]
Before any license shall be granted for a billiard parlor, the applicant shall pay to the Municipal Clerk the annual license fee of $100. The license shall be signed by the Mayor and Municipal Clerk.
[1980 Code § 77-4]
No billiard parlor shall be opened or operated either for hire or otherwise in the Town on any weekday except from 8:00 a.m. to 1:00 a.m. of the following day nor on any Sunday except from 12:00 midnight to 1:00 a.m. and from 2:00 p.m. to 1:00 a.m. of the following Monday.
[Ord. No. O-2-08]
This section shall not apply to establishments with no more than one pool or billiard table.
[Ord. No. O-12-83 § 187-1]
As used in this section:
LIVERY
Any motor vehicle (other than a motor vehicle used in the conduct of a funeral) which is owned or used for the purpose of transporting passengers for hire and which is hired by specific charter or for a particular contract, or by the date, hour, or other fixed period, and for which use there is charged a fare or price agreed upon in advance between the owner or operator and the passenger.
OPERATOR
Any person who owns, directs, conducts or is in charge of any taxicab or livery business or of any taxicab or livery, either as an owner, manager, driver, or otherwise.
OWNER
Any person who holds legal title to any taxicab or livery, any conditional vendee or lessee, or any other person having an interest in a taxicab or livery which shall entitle him to the immediate possession thereof.
PUBLIC TAXICAB STAND
Any section of a public street or other public place set apart for the exclusive use of taxicabs.
TAXICAB
Any motor vehicle, other than a bus or livery, which is operated or engaged in the business of transporting passengers for hire.
[Ord. No. O-12-83 § 187-2]
a. 
No person shall operate any taxicab for hire in the Town of Morristown unless the owner thereof has obtained a Taxicab License for such taxicab. A person shall be deemed to "operate" a taxicab if he picks up passengers within the Town of Morristown for a fee or other consideration, except in those cases where the ride originated outside of the Town of Morristown and the passenger either requested that the taxicab wait or return to pick him up at a designated time.
b. 
No person shall operate any livery for hire in the Town of Morristown unless the owner thereof has first obtained a Livery License for such livery.
c. 
No person shall operate a taxicab or livery for hire, nor shall any owner or operator allow a taxicab or livery to be operated for hire, unless the driver thereof has first obtained a Town of Morristown Taxicab/Livery Driver's Permit.
d. 
The provisions of this subsection shall not apply to out-of-town owners, operators or drivers who deliver passengers to Morristown or pass through the Town, nor to vehicles used regularly and exclusively for transportation of passengers from the Morristown Railroad Station to points within or without the Town limits which do not charge or accept a fee, fare or any compensation from the passengers, such as vans maintained by a business for the convenience and use of its employees.
[Ord. No. O-19-00 § 1]
It shall be a condition of any Taxicab License or Livery License, and any Taxicab/Livery Driver's Permit that the Municipal Clerk shall be notified in writing within 10 days in the event that a driver or licensee is convicted of a crime.
[Ord. No. O-12-83 § 187-3; amended 11-9-2023 by Ord. No. O-31-2023]
a. 
An application for a Taxicab License or Livery License shall be filed in writing with the Municipal Clerk pursuant to Subsection 4-1.2. In addition to the requirements of Subsection 4-1.2, the application shall be accompanied by the following:
1. 
Proof of the applicant's ownership of the vehicle and a certificate of the insurance required by law;
2. 
Proof that the vehicle has passed inspection by the New Jersey Motor Vehicle Commission; and
3. 
Certification from the Morristown Bureau of Police that the vehicle has been inspected by a member of the Bureau within 30 days preceding the date of the application and that such vehicle complies with the standards set forth in Subsection 4-26.18.
4. 
A working telephone number as set forth in the application.
5. 
Certification that the taxicab(s) will be operated a minimum of 40 hours per week, and that the applicant shall comply with the provisions of Subsection 4-26.21.
6. 
The initial schedule setting forth the actual hours that such taxicab(s) will be operated; and, if at any time such schedule is modified, such revision shall be immediately submitted to the Municipal Clerk as a modification of the application.
b. 
A Taxicab License or Livery License may be transferred from one vehicle to another vehicle owned by the same owner, provided that the requirements of Subsection 4-26.10 are met.
c. 
A Taxicab or Livery License may be transferred or assigned from one person to another, provided, however, that the transferee complies with all of the provisions of this section.
[Ord. No. O-12-83 § 187-4; Ord. No. O-12-04; Ord. No. O-2-08]
a. 
Insurance required. No Taxicab License shall be issued unless the owner of the taxicab or livery shall have filed with the Municipal Clerk a copy of an insurance policy issued by a company duly licensed to transact business under insurance laws of this State, providing for the payment of not less than $100,000 to satisfy all claims for damages by reason of bodily injuries to or the death of all persons resulting from an accident, by reason of the ownership, operation, maintenance, or use of such taxicab or livery upon any public street in the Town, and further providing for the payment of a sum of not less than $10,000 to satisfy all claims for damages to property of all persons on account of any such accident by reason of the ownership, operation, maintenance, or use of such taxicab upon any public street in the Town.
b. 
The insurance policy shall provide that the insurance company shall notify the Town of Morristown 10 days prior to cancellation or substantial change in coverage.
c. 
Power of attorney. In accordance with the requirements of N.J.S.A. 48:16-5, the owner of each taxi shall execute and deliver to the Municipal Clerk, concurrently with the filing of a copy of the insurance policy, a power of attorney, wherein and whereby he shall appoint the Chief Financial Officer of the Town of Morristown as his true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insurance by virtue of the indemnity granted under the insurance policy filed.
[Ord. No. O-12-83 § 187-5]
a. 
No more than 20 Taxicab Licenses shall be outstanding in the Town of Morristown at one time. Each vehicle shall require a taxicab license.
b. 
No more than 15 Livery Licenses shall be outstanding in the Town of Morristown at one time. Each license shall be deemed a fleet license.
c. 
The Municipal Clerk shall maintain a list by date of applications of persons interested in purchasing a Taxicab License or Livery License. When a license becomes available through revocation, surrender, failure to renew, or failure to comply with Subsection 4-26.21 for a total period of 30 days within any particular year commencing on August 1 and ending on July 31, the Municipal Clerk shall notify the first person appearing on the list of the license availability and shall process the application as provided above for the issuance of a license.
[Ord. No. O-12-83 § 187-6; Ord. No. O-19-00 § 2; amended 11-9-2023 by Ord. No. O-31-2023]
a. 
An application for a driver's permit shall be filed in writing with the Municipal Clerk pursuant to Subsection 4-1.2. In addition to the requirements of Subsection 4-1.2, the application shall be accompanied by the following:
1. 
A certificate setting forth all states in which the applicant is currently or has been licensed to operate a motor vehicle during the last five years.
2. 
A certificate of fitness from a physician licensed to practice in the State of New Jersey certifying that such physician has examined the applicant within the thirty-day period preceding the date of the application and that to the best of his knowledge the applicant is in good health, has eyesight which meets the minimum vision requirements set by the Motor Vehicle Commission, and is not subject to any disease or infirmity which makes him unfit to drive. A licensee who has complied with the provisions of this subsection and who thereafter seeks to renew his driver's permit shall not be required to again submit a certificate of fitness until his third successive annual application for renewal; provided, however, that persons aged 65 or older shall submit a certificate of fitness with every driver's permit application, whether or not the application is one for renewal.
b. 
A member of the Morristown Bureau of Police shall conduct an investigation of each applicant. A report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be promptly forwarded to the Municipal Clerk.
c. 
The Municipal Clerk shall promptly issue the permit upon receipt of the investigation, unless the investigation or the certificate of fitness discloses that the applicant is not qualified to hold the permit. If the permit is denied, the Municipal Clerk shall notify the applicant in writing, including the reason or reasons for the denial. Specifically, but not by way of limitation, no person shall be granted a driver's permit if he:
1. 
Is physically impaired in a manner to affect his ability to drive;
2. 
Has more than six points on his driving record (new);
3. 
Has a record of having been in two or more accidents occasioned by his negligence or carelessness (new);
4. 
Has been convicted of:
(a) 
An indictable offense;
(b) 
Operating a motor vehicle while under the influence of drugs or intoxicating beverages; and/or
(c) 
Reckless driving.
d. 
All applicants shall submit two passport size photographs of the driver, one of which shall be affixed to the driver's permit, in accordance with Subsection 4-26.9b.
[Ord. No. O-19-00 § 3; amended 11-9-2023 by Ord. No. O-31-2023]
All drivers holding driver's permits and operating taxicabs shall be required to adhere to the following standards:
a. 
All drivers shall be able to understand and speak English.
b. 
All drivers shall be neat and clean in their personal appearance, both with respect to personal hygiene and dress.
c. 
All drivers shall treat passengers with courtesy and respect.
d. 
All drivers shall ensure that there is no accumulation of trash or garbage inside the vehicle in the course of its use as a taxi.
e. 
During hot weather, all drivers shall inform customers if air conditioning is not operating.
[Ord. No. O-12-83 § 187-7; Ord. No. O-19-00 § 4]
a. 
Taxicab or Livery Licenses shall be displayed in the vehicle for which they were issued in such a manner as to be in full view of all passengers. The appropriate license decals shall be permanently affixed to the front doors on each side of the vehicle and on the rear window of the vehicle.
b. 
While operating a taxicab or livery, every driver licensed pursuant to this section shall display his driver's permit in such a manner as to be in full view of all passengers. The permit shall bear a passport size photograph of the driver.
c. 
All vehicles shall display a card in the cab identifying the cab by its license number and providing a telephone number to call to register complaints.
[Ord. No. O-12-83 § 187-8]
If any licensed owner desires to transfer a Taxicab or Livery License from the licensed vehicle to another vehicle owned by such person, he shall file an application pursuant to Subsection 4-26.4 prior to putting the vehicle into service. Upon determining that all of the provisions of this section have been complied with, including payment of the transfer fee, the Municipal Clerk shall issue a new license identifying the substituted vehicle. The prior license shall at that time be surrendered to the Municipal Clerk.
[Ord. No. O-12-83 § 187-9]
All Taxicab Licenses, Livery Licenses, and driver's permits shall expire annually on July 31 at 12:00 midnight. Applications for renewal of Taxicab Licenses, Livery Licenses and driver's permit shall be filed not later than July 1st.
[1980 Code § 98-187; Ord. No. O-12-87; Ord. No. O-13-2016; amended 11-9-2023 by Ord. No. O-31-2023]
License fees shall be as follows:
Type
Fee
a.
Hack license, per year
$250
b.
Private livery license, per year
$250
c.
For each hackman or driver of a licensed vehicle, per year
$50
d.
Decal fee
$5
A waiver of any of the above referenced license fees may be requested in writing at time of application/renewal and granted upon approval by the Town Council.
[Ord. No. O-12-83 § 187-10]
The Municipal Clerk shall keep a register of all licenses issued pursuant to this section. The register shall show the number and date of each license and the name of the person licensed.
[Ord. No. O-12-83 § 187-11]
No owner, operator, or driver of any taxicab or livery shall induce any person to employ him or his vehicle by knowingly misinforming or misleading such person, nor shall any driver convey any passenger to any place or by any route other than the most direct route, unless otherwise directed by such passenger.
[Ord. No. O-12-83 § 187-12]
The driver of any taxicab or livery shall, immediately after the termination of any hiring or employment, carefully search his taxicab or livery for any lost or abandoned property. Such property shall be delivered to the Morristown Bureau of Police for safekeeping within 24 hours after it is found, unless it is claimed by or delivered to the owner within that time.
[1980 Code § 98-187; Ord. No. O-12-83 § 187-13; Ord. No. O-12-87 § 187; Ord. No. O-33-98; Ord. No. O-28-03; Ord. No. O-16-08; amended 11-9-2023 by Ord. No. O-31-2023]
The rates that may be charged by the owner, operator, or driver of any taxicab shall be:
Service
Rate
For conveying 1 or 2 passengers from any point in the Town to any other point in the Town, inclusive of Madison Avenue to Punch Bowl Road and points on or south of Hanover Avenue between Speedwell Avenue and Whippany Road:
Between the hours of 5:00 a.m. and 11:00 p.m.
$8
Between the hours of 11:01 p.m. and 4:59 a.m.
$10
For each additional passenger
$2
For any piece of baggage
$0
[Ord. No. O-12-83 § 187-14]
Every taxicab licensed pursuant to this section shall contain a rate card setting forth the authorized rates of fare, displayed in such a manner as to be in full view of all passengers.
[Ord. No. O-12-83 § 187-15; Ord. No. O-19-00 § 5]
Every taxicab or livery licensed pursuant to this section shall at all times be properly maintained and equipped, in accordance with the standards and regulations of the New Jersey State Motor Vehicles and Traffic Regulation Act, and shall comply with the following additional requirements:
a. 
The interior shall be clean and sanitary; the upholstery and carpeting shall be free from stains, tears, holes, and cuts.
b. 
All doors shall open easily and close firmly.
c. 
The exterior shall be clean and free from rust, peeling paint, dents, and body damage.
d. 
All four wheels on every taxicab or livery shall have a wheel cover or hubcap.
[Ord. No. O-19-00 § 6; amended 11-9-2023 by Ord. No. O-31-2023]
Each vehicle shall be subject to regulatory inspections at least annually prior to licensing/renewal, and when deemed appropriate by Town Officials, to ensure that the minimum standards set forth in this section are being maintained.
The Municipal Clerk or designee is the licensing agent of this section. The Police Bureau will have the authority to enforce violations of Subsection 4-26.18.
[Ord. No. O-12-83 § 187-16]
No person shall refuse to pay the legal fare or the agreed-upon fare after having hired a taxicab or engaged a livery, respectively, nor shall any person hire a taxicab or livery with the intent to defraud the owner, operator, or driver of the value of the service provided.
[Ord. No. O-12-83 § 187-17]
Every owner, operator, or driver of any taxicab shall have the right to demand payment of the regular fare in advance and may refuse employment unless it is prepaid. No taxicab driver, while waiting for employment, shall otherwise refuse or neglect to transport any orderly person or persons, upon request, to any place within the Town of Morristown.
[Ord. No. O-12-83 § 187-18; amended 11-9-2023 by Ord. No. O-31-2023]
Every holder of a Taxicab License shall operate the licensed taxicab, or cause the same to be operated, for the transportation of passengers during a total of at least 40 hours per week. The holder of such taxicab license shall provide the Municipal Clerk with a certified schedule setting forth the actual hours of operation of such taxicab during any particular week on a form provided by the Municipal Clerk.
[Former § 4-26.23, Efficient service and the meeting of all trains required, was repealed 11-9-2023 by Ord. No. O-31-2023. History includes: Ord. No. O-12-83 § 187-19]
[Ord. No. O-12-83 § 187-20]
a. 
The Town Council is hereby authorized to establish by resolution public taxicab stands in such place or places within the Town as it deems necessary for the use of taxicabs operated within the Town.
b. 
Public taxicab stands shall be for the exclusive use of taxicabs licensed pursuant to this section. Other vehicles for hire and private vehicles shall not at any time occupy the space that has been established as a public taxicab stand.
c. 
No taxicab driver shall leave his vehicle unattended while waiting for employment at a public taxicab stand.
[Ord. No. O-12-83 § 187-21; amended 11-9-2023 by Ord. No. O-31-2023]
a. 
Decals furnished by the Town of Morristown containing the designation "taxi" shall be fixed upon every taxicab licensed pursuant to this section in such a manner as provided in Subsection 4-26.9. The decals shall be sold by the Municipal Clerk at cost on an initial basis. It shall be the owner's responsibility to maintain and replace the decals when worn, defaced, etc., as necessary. The cost of replacement decals shall be as provided for in Subsection 4-26.12.
b. 
A vehicle licensed as a livery pursuant to this section shall not bear the designation "taxi" or any similar designation.
[Ord. No. O-12-83 § 187-22]
In addition to the grounds for revocation set forth in Subsection 4-1.9, the Town Council shall have the right, after notice and a hearing, to revoke any Taxicab License, Livery License, or driver's permit issued hereunder for a violation of any of the provisions of this section.
[Ord. No. O-12-83 § 187-23; Ord. No. O-19-00 § 7; amended 11-9-2023 by Ord. No. O-31-2023]
a. 
Any person convicted of a violation of any of the provisions of this section shall be liable to the penalty stated in Chapter 1, § 1-5.
b. 
Violations of Subsection 4-26.18 shall be subject to a fine of $100 for each violation. Each day the violation continues shall constitute a separate offense.
[Ord. No. O-12-07]
Notwithstanding anything contained in this chapter to the contrary, the Municipal Clerk of the Town of Morristown is hereby granted the authority and designated as the issuing authority to review, approve and grant bingo and raffle licenses within the Town of Morristown.
[Ord. No. O-6-09 § 135-1]
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
MASSAGE, BODYWORK AND SOMATIC THERAPIES
Any 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, bodywork or somatic principles. Such applications may include, but are not limited to, the use of therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, external application of herbal or topical preparations not classified as prescription drugs, movement and neuromyofacial education and education in self-care and stress management. Massage, bodywork and somatic therapies do not include the diagnosis or treatment of illness, disease, impairment or disability.
MASSAGE, BODYWORK AND SOMATIC THERAPIST
Any person certified and/or licensed pursuant to the provisions of the Massage, Bodywork and Somatic Therapist Certification Act, P.L. 1999 c. 19, as amended, N.J.S.A. 45:11-60 et seq.
MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENT
Any establishment wherein massage, bodywork and/or somatic therapies are administered or are permitted to be administered, when such therapies are administered for any form of consideration.
[Ord. No. O-6-09 § 135-2]
a. 
Massage, bodywork and somatic therapy establishment permit required. No person, firm or corporation shall operate any establishment or utilize any premises in the Town of Morristown as or for a massage, bodywork and somatic therapy establishment unless or until there has first been obtained a permit for such establishment or premises from the Town of Morristown in accordance with the terms and provisions of this section.
b. 
Massage, bodywork and somatic therapist's license required. No person shall practice massage or related therapies as a massage, bodywork or somatic therapist, employee or otherwise, unless he or she has a valid and subsisting massage, bodywork and somatic therapist's license issued to him or her by the State of New Jersey pursuant to N.J.S.A. 45:11-60 et seq.
[Ord. No. O-6-09 § 135-3]
Any person desiring a massage, bodywork and somatic therapy establishment permit shall file a written application with the Town Division of Health. The application form shall contain the following information:
a. 
The type of ownership of the business i.e., whether individual, partnership, corporation or otherwise.
b. 
The name, style and designation under which the business is to be conducted.
c. 
The business address and all telephone numbers, including facsimile, where business is to be conducted.
d. 
A complete list of the names and residence addresses of all massage, bodywork and somatic therapists and employees of the business and the name and residence address of the manager or other person principally in charge of the operation of the business.
e. 
All therapists employed or to be employed by the establishment or otherwise permitted to work at the establishment must comply with the Massage, Bodywork and Somatic Therapist Certification Act, P.L. 1999 c. 19, N.J.S.A. 45:11-60 et seq.
[Ord. No. O-6-09 § 135-4; Ord. No. O-28-12]
Every applicant for a permit to maintain, operate or conduct a massage, bodywork and somatic therapy establishment shall submit an application with the Town Department of Code Enforcement, Division of Health. Such application shall be furnished by the Town Department of Code Enforcement, Division of Health and shall require an annual fee for such permit which shall become due on the first day of January each year, such fees to be based upon the square footage of the licensed establishment as follows:
Massage, Bodywork and Somatic Therapy Establishment
Annual Permit Fee
1 — 1,499 square feet
$200
1,500 — 2,999 square feet
$350
3,000 — 4,999 square feet
$450
5,000 — 9,999 square feet
$750
Over 10,000 square feet
$1,000
[Ord. No. O-6-09 § 135-5]
Once the initial application process has been completed for the Division of Health permit, the Division of Health shall inspect the premises proposed to be operated as such an establishment. No massage, bodywork, and somatic therapy establishment shall be issued a permit or be operated, established or maintained in the Town of Morristown unless an inspection by the Health Officer, or designee reveals that the establishment complies with the minimum requirements of the health codes for businesses operating in the Town of Morristown. In addition, the establishment must comply with each of the following minimum requirements:
a. 
All massage tables, bathtubs, shower stalls, steam or bath areas and floors shall have surfaces which may be readily disinfected, and shall be maintained in a sanitary condition and regularly cleaned and disinfected.
b. 
The Health Officer, in the exercise of his/her discretion, may require that adequate bathing, dressing and locker facilities shall be provided for the patrons to be served at any given time. In the event that male and female patrons are to be served simultaneously, separate bathing, dressing, locker and massage room facilities shall be provided, if applicable.
c. 
The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such non-disposable instruments and materials shall be disinfected after use on each patron.
d. 
Adequate hand washing facilities shall be provided at convenient locations other than the rest room facilities or lavatories as necessary to maintain clean hands and arms of all employees during hours of operation.
[Ord. No. O-6-09 § 135-6]
a. 
Permits issued under this section may be revoked by the Health Officer or his or her designee, after notice and a hearing, for any of the following causes:
1. 
Fraud, misrepresentation or false statement in the application for the permit;
2. 
Fraud, misrepresentation or false statement made in the course of carrying on the permitted business in the Town;
3. 
Any violation of this section;
4. 
Conviction of a crime involving moral turpitude, a felony, an offense involving sexual misconduct, keeping or residing in a house of prostitution, and any crime involving dishonesty; or
5. 
Conducting the permitted business in the Town of Morristown in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
b. 
Notice of the hearing for the revocation of a permit shall be given 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 last known address at least five days' prior to the date set for the hearing.
c. 
Such permit may, pending revocation proceedings, be suspended for not more than 10 days by the Health Officer or his or her designee, if, in his/her opinion, the conduct of the permittee is detrimental to the health, safety and general welfare of the Town of Morristown.
d. 
The Health Officer shall serve as hearing officer for any hearing pursuant to this section.
[Ord. No. O-6-09 § 135-7]
Any establishments regulated hereunder shall prominently display its permit to operate issued by the Town of Morristown pursuant to Subsection 4-28.4 hereinabove. All massage, bodywork and somatic therapists employed in such establishments shall each wear a badge displaying their State certification/license and title at all times.
[Ord. No. O-6-09 § 135-8]
Every massage, bodywork, and somatic therapy establishment shall comply with the following:
a. 
Every portion of the massage, bodywork and somatic therapy establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.
b. 
Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers.
c. 
All employees, including massage, bodywork and somatic therapists, shall be clean and wear clean, nontransparent outer garments. Dressing rooms must be available on the premises at the Health Officer's discretion. Doors to such dressing rooms shall open inward and shall be self-closing. Such facilities must be accessible and separate from the lavatory sink.
d. 
All massage, bodywork and somatic therapy establishments shall be provided with clean laundered sheets and towels in sufficient quantity which shall be laundered after each use thereof and stored in a sanitary manner.
e. 
The sexual or genital area of patrons must be covered by towels, cloths or undergarments when in the presence of an employee or massage, bodywork or somatic therapist.
f. 
It shall be unlawful for any person knowingly, in a massage, bodywork and somatic 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 of any other person. No massage, bodywork and somatic therapist, employee or operator shall perform or offer to perform any act which would require the touching of the patron's sexual or genital area.
g. 
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities and surfaces shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat-rooms, steam or vapor rooms or steam or vapor cabinets and shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned after each use. When carpeting is used on the floors it shall be kept dry, clean and sanitary.
h. 
Oils, creams, lotions and other preparations used in administering massage, body work and somatic therapies shall be kept in clean closed containers or cabinets.
i. 
Animals, except for seeing-eye dogs, shall not be permitted in the massage work area.
j. 
Each massage, bodywork and somatic therapist shall wash his or her hands in hot running water, using a proper soap or disinfectant before administering a massage, bodywork or somatic therapy to a patron.
[Ord. No. O-6-09 § 135-9]
The Division of Health shall, at least once a year, make an inspection of each massage, bodywork and somatic therapy establishment granted a permit under the provisions of this section for the purpose of determining whether the provisions of this section are being complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any permittee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner.
[Ord. No. O-6-09 § 135-10]
No part of any quarters of any massage, bodywork and somatic therapy establishment shall be used for or connected with any bedroom or sleeping quarters nor shall any person sleep in such massage bodywork and somatic therapy establishment except for limited periods incidental to and directly related to a massage, bodywork or somatic therapy treatment or bath. This provision shall not preclude the location of massage, bodywork and somatic therapy establishment in separate quarters of a building housing a hotel or other separate businesses or clubs.
[Ord. No. O-6-09 § 135-11]
a. 
No owner or manager of a massage, bodywork and somatic therapy establishment shall tolerate in his or her establishment any activity or behavior prohibited by the laws of the State of New Jersey, particularly, but not limited to, laws proscribing prostitution, indecency and obscenity, including the sale, uttering or exposing and public communication of obscene material; laws which relate to the commission of sodomy, adultery and proscribing fornication, nor shall any owner or manager tolerate in his or her establishment any activity or behavior which violates this section.
b. 
Any conviction of any employee of a massage, bodywork and somatic therapy establishment of a violation of the aforementioned statutes and codes shall devolve upon the owner or manager of such establishment, it being specifically declared that following such conviction of an employee, the owner or manager of the establishment shall be prosecuted as an accessory to such violation and the permits which have been issued shall be automatically revoked.
[Ord. No. O-6-09 § 135-12]
The provisions of this section shall not apply to massage, bodywork or somatic therapies provided pursuant to the following:
a. 
In the office of licensed physician, chiropractor or physical therapist; or
b. 
By a regularly established medical center, hospital or sanatorium having a staff which includes licensed physicians, chiropractors and/or physical therapists; or
c. 
By any licensed physician, chiropractor or physical therapist in the residence of his or her patient.
[Ord. No. O-6-09 § 135-13]
In addition to the revocation or suspension of the permit granted under this section any person who violates any provision of this section shall, upon conviction hereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days, or both, in the discretion of the court.
[Added 11-12-2019 by Ord. No. O-43-2019]
BED-AND-BREAKFAST ESTABLISHMENT
A small lodging establishment with rooms available to guests for short-term overnight rental and a breakfast meal for compensation. Such establishment shall also meet definitions and standards established by any applicable local, state, or federal building, fire, health, or safety codes.
GUESTS
People who use bed-and-breakfast facilities for lodging and other incidental services and provide consideration to the proprietor for same.
[Added 11-12-2019 by Ord. No. O-43-2019]
a. 
No person shall operate a bed-and-breakfast unless the owner holds a valid license issued by the Town Clerk pursuant to this chapter. All licenses shall be for one year or part thereof and shall expire on December 31 of each year. Each owner of a bed-and-breakfast shall apply to renew their license with the Town, on a form to be provided by the Town Clerk, on or before December 31 of each year.
b. 
An applicant for a bed-and-breakfast license or license renewal shall submit an application which shall include:
1. 
The name, address, and telephone number of the applicant and each resident of the residence to be licensed;
2. 
A one-time initial licensing fee in the amount of $250 and an annual renewal fee of $100;
3. 
A floor plan of the building to show all spaces and to identify their respective uses;
4. 
A floor plan to identify the rooms which are to be licensed, by name, number or (and) physical description and location, and to identify the bedrooms for the exclusive use of the owners and other permanent residents;
5. 
A diagram of the parking spaces available and dedicated for the guests of the bed-and-breakfast, employees and owner;
6. 
Proof that the bed-and-breakfast operator has registered with the State of New Jersey to collect a hotel tax;
7. 
Resolution or letter of approval from the Town Planning Board or Town Board of Adjustment for the property site plan;
8. 
Certification of inspection and approval by the Town Building Department;
9. 
Certification of inspection and approval by the Town Fire Department; and
10. 
Proof, by way of a petition, that shows that a majority of the adjacent property owners within 200 feet of the property to be licensed is in support of the application.
[Added 11-12-2019 by Ord. No. O-43-2019]
a. 
No more than four licenses for bed-and-breakfasts shall be outstanding at any one time. Licenses shall be awarded first to existing licensees in good standing. Remaining licenses shall be awarded on a first-come-first-served basis.
b. 
Permits shall be nontransferable. There shall be one permit per family/married persons, and a permit shall not be issued to a corporation or partnership between nonfamily/married persons.
c. 
After license expires, is revoked, or is forfeited, the structure and site should be returned to prior permitted use. If prior use was not permitted, use variance approval would be required.
[Added 11-12-2019 by Ord. No. O-43-2019]
a. 
No license shall be issued by the Town to an applicant for a bed-and-breakfast license until a site plan has been approved by the Town Planning or Zoning Board and the residence has been inspected and approved by the Town Building Department, the Town Health Department and the Town Fire Department.
b. 
The Planning/Zoning Board may impose additional reasonable conditions to protect character of neighborhood and/or surrounding residential properties.
c. 
If conditional, use, and/or bulk variances are required for certain parameters contained herein, the remaining requirements are still valid and should be upheld.
d. 
All site and buildings must comply with applicable local, state, and federal building, fire, health, or safety codes, as well as all requirements and standards of the Zoning Ordinance.
[Added 11-12-2019 by Ord. No. O-43-2019]
a. 
Each bed-and-breakfast operator shall keep a daily guest register including the guest name, address, phone number, date and duration of stay, and the number of guests and guest vehicles (license plate and make). The guest register shall be available for inspection by Town officials between the hours of 8:00 a.m. and 8:00 p.m.
b. 
A copy of the bed-and-breakfast license must be posted by the owner in a prominent and visible place in the residence at all times and in each licensed room.
c. 
No cooking facilities, including, but not limited to, stoves, microwaves, ovens, toaster ovens and hot plates, shall be allowed in guest rooms.
d. 
No alcoholic beverages shall be provided or served to guests.
e. 
The residence and grounds for the bed-and-breakfast shall be for the exclusive use of residents and overnight guests of the bed-and-breakfast, and not for the general public, as would be associated with a public restaurant, catering business, or similar establishment.
f. 
In the event that there is a swimming pool on the premises, use shall be restricted to residents, and guests shall not be permitted use.
g. 
Each guest stay shall be limited to a term of no more than 15 consecutive days, and no more than 30 days total within a ninety-day period.
h. 
The bed-and-breakfast operation shall not become a nuisance to adjoining residents by reason of noise, smoke, odor, lighting, unreasonable traffic congestion or when same interferes with safety and rights of others. The impact of a bed-and-breakfast shall be no greater than that of a private home with guests. "Quiet hours" will be from 9:00 p.m. until 8:00 a.m., when there shall be no use of outdoor areas such as porches, patios, rooftops, etc., and noise shall not disturb any neighboring properties. These quiet hours and rules must be posted in the lobby and specified on all guest agreements.
i. 
Outdoor social activities held by the owner where more than 12 persons will be in attendance shall not be held at a bed-and-breakfast establishment unless the owner submits an event application which is approved by the Town and has provided notice to all adjacent property owners. No amplification of sound will be permitted. Approved events will be limited to a maximum of once per month.