[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:
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.
A person selling goods by sample or taking orders for future
delivery, with or without accepting an advance payment for the goods.
Includes wagons, carts, trailers, motor trucks, motor vehicles,
service dispensers or other types of conveyance.
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.
[Ord. No. O-12-95 § 153-21; Ord. No. O-16-09]
As used in this section:
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.
A motorized vehicle with the ability to serve meals, including
hot food stuffs, sandwiches and beverages.
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
|
[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:
The building whose principal facade fronts on the sidewalk
where the sidewalk cafe is or is proposed to be located.
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.
Any individual, partnership, corporation, association, or
other entity.
That portion of the facade of a building which fronts on
a public street.
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).
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).
A restaurant (as defined herein):
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;
Containing readily removable tables, chairs, temporary railings
and/or planters; and
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]
[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.
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.
[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:
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.
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]
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:
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:
A window used for the display of merchandise.
Place, install, maintain or operate a 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.
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.
The portion of a street improved, designed, or ordinarily
used for vehicular travel.
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.
All the area dedicated to public use for public street purposes
including, but not limited to, roadways, parkways, alleys and sidewalks.
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:
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.
Any person who supplies, offers or exhibits for sale, leases,
sells, repairs or distributes automatic amusement devices to any other
person.
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.
Any building, business, store, restaurant, tavern or other
place to which the public is invited or may enter.
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.
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]
[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:
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:
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.
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.
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.
Any section of a public street or other public place set
apart for the exclusive use of taxicabs.
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]
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 statement that the applicant maintains a Morristown exchange 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]
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 and a certification
that the permittee has had a New Jersey driver's license for a period
of at least one year.
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 an indictable offense, of operating a motor
vehicle while under the influence of drugs or intoxicating beverages
or reckless driving.
[Ord. No. O-19-00 § 3]
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 assure 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 31st 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]
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.
|
Medallion fee
|
$50
|
|
A waiver of any of the above referenced license fees may be
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]
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:
| ||
|
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]
Each vehicle shall be inspected once every six months to assure
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]
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; and 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.
[Ord. No. O-12-83 § 187-19]
Every owner, operator, and driver of a taxicab or taxicabs shall
undertake to render prompt and efficient service to the public at
all times; and, to this end, each such owner, operator, and driver
shall agree as part of his application that he will make himself available
for assignment according to a rotation schedule formulated by the
Bureau of Police in order to provide twenty-four-hour seven days a
week service including the Morristown railroad station so as to meet
all trains scheduled to arrive in the Town.
[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]
a.
Decals furnished by the Town of Morristown containing the designation "taxi" or "livery" shall be fixed upon every taxicab and livery, respectively, 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]
[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:
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.
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.
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]
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.
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.
