The general power to license and to prescribe license fees is
contained in N.J.S.A. 40:52-1, 2. Licensing is also a part of the
general police power granted by N.J.S.A. 40:72-3 and N.J.S.A. 40:48-2.
As used in this chapter, the following words and terms shall
have the following meanings:
As used in both the singular and plural, is meant to include
all kinds of vocations, occupations, professions, enterprises, establishments,
and all other kinds of activities and matters, together with all devices,
machines, vehicles and appurtenances used therein, any of which are
conducted for private profit or benefit, either directly or indirectly,
on any premises in the Borough of Point Pleasant Beach, as set forth
in the provisions of N.J.S.A. 40:48-1, 40:48-2, 40:52-1 and 40:52-2,
and any amendments or supplements thereto.
Any person, whether traveling by foot, wagon, automobile,
motor truck, or any other type of conveyance, from place to place,
from house to house, or street to street, taking or attempting to
take orders for sales of goods, wares, merchandise or personal property
of any nature whatsoever for future delivery, or for services to be
furnished or performed in the future, whether or not such person has,
carries or exposes for sale a sample of the subject of such sale,
or whether or not such person is collecting advance payments on such
sales. "Canvasser" shall further include any person who hires, leases,
uses or occupies any building, structure, tent, railroad boxcar, boat,
hotel room, lodging house, apartment, ship or any other place within
the Borough of Point Pleasant Beach for the sole purpose of exhibiting
samples and taking orders for future delivery.
Any automatic vending machine used for the sale of cigarettes,
cigars, tobacco and/or matches and controlled by the insertion of
a coin or coins.
A sale held out in such a manner as to reasonably cause the
public to believe that the sale will offer goods damaged or altered
by fire, smoke, water or other means.
A sale held in such a manner as to reasonably cause the public
to believe that, upon the disposal of the stock and goods on hand,
the business will cease and be discontinued, including, but not limited
to, the following sales: adjuster's, adjustments, alterations, assignee's,
bankrupts, benefit of administrator's, benefit of creditor's, benefit
of trustee, building coming down, closing, creditor's committee, creditor's,
end, executor's, final days, forced out, forced out of business, insolvent,
last days, lease expires, liquidation, loss of lease, mortgage sales,
receiver's, trustee's, quitting business. A sale by a trustee, receiver
or any court officer under execution from or order by any court shall
not be considered a "going-out-of-business sale" and shall not require
any mercantile license or payment of any fee as provided hereinafter
for the conduct of such a sale.
shall mean and include any printed or written matter, any
sample or device, dodger, circular, leaflet, pamphlet, paper, booklet
or any other printed or otherwise reproduced original or copies of
any matter or literature which advertises for sale any merchandise,
product, commodity or things; or which directs attention to any businesses
or mercantile or commercial establishment or other activity for the
purpose of either directly or indirectly promoting the interests thereof
by sale; or which directs attention to or advertises any show, theatrical
performance, exhibition or event of any kind for which an admission
fee is charged for the purpose of private gain or profit; or which,
while containing reading matter other than advertising matter, is
predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for private benefit and
gain of any person so engaged as advertiser or distributor.
shall mean and include any printed matter or written matter,
any sample or device, dodger, circular, leaflet, pamphlet, magazine,
paper, booklet, or any other printed or otherwise reproduced original
or copies of any letter or literature not included in the definition
of a commercial handbill.
The aforegoing definitions of "commercial handbill" and "noncommercial
handbill" shall not include any newspaper of general circulation as
defined by the laws of the State of New Jersey, or any religious handbook,
magazine, periodical or newspaper.
shall mean and include any person engaged in distributing
commercial or noncommercial handbills, other than newspapers distributed
to subscribers thereof, for himself or any other person, upon any
of the public and private streets, places and premises, other than
his own premises, in the Borough of Point Pleasant Beach. This shall
not include the sale of newspapers, regularly published, through newsboys,
newsmen or from news stores in the Borough of Point Pleasant Beach.
shall have the same meaning as "peddler" in this section.
shall have the same meaning as "peddler" in this section.
shall mean any tag, plate, badge, emblem, sticker, or any
other kind of device which may be required for any use in connection
with any license.
shall mean any person, whether as owner, agent, servant,
employee or consignee, who is engaged in a temporary business of selling
and delivering goods, wares and merchandise within the Borough of
Point Pleasant Beach, and who, in furtherance of such purposes, hires,
leases, uses or occupies any building, structure, motor vehicle, tent,
railroad boxcar or boat, public rooms in hotels, motels, lodging houses,
apartments or shops, or any street, alley or other public place within
the Borough for the exhibition and sale of such goods, wares and merchandise,
either privately or at public auction.
shall have the same meaning as "itinerant merchant" in this
section.
shall mean any music vending machine, contrivance or device
which, upon the insertion of a coin, slug, token, plate, disc or key
into any slot, crevice or other opening, or by the payment of any
price, operates or may be operated for the emission of songs, patter,
music or similar amusement.
shall mean any machine, operated mechanically, electrically
or otherwise, which upon the insertion of a coin, slug, token, plate
or disc, may be operated by the public generally for use as a game,
entertainment or amusement, whether or not registering a score. It
shall include such devices as marble machines, pinball machines, skill
ball, mechanical grab machines and all games, operations or transactions
similar thereto under whatever name they may be designated.
shall have the same meaning as "fire sale" in this section.
shall mean any person, traveling by foot, wagon, automotive
vehicle, or any other type of conveyance from place-to-place, house-to-house,
or street-to-street, carrying, conveying or transporting goods, wares,
food, liquids, merchandise, meats, fish, vegetables, fruits, garden
truck, farm products or provisions, offering and exposing the same
for sale, or making sales and delivering articles to purchasers, or
who without traveling from place-to-place, shall sell or offer the
same for sale from a wagon, automotive vehicle, railroad car, or other
vehicle or conveyance, or a person who solicits orders and, as a separate
transaction, makes deliveries to purchasers as part of a scheme or
design to evade the provisions of this chapter.
is meant to include all land, structures and places, and
also the equipment and appurtenances connected or used therewith in
any business, and also any personal property which is either affixed
to or is otherwise used in connection with any such business conducted
on such premises.
is a sale held out in such a manner as to reasonably cause
the public to believe that the person conducting the sale will cease
and discontinue business at the place of sale upon disposal of the
stock and goods on hand and then move to and resume business at a
new location within the Borough of Point Pleasant Beach or will then
continue business from other existing, locations in the P Borough.
shall have the same meaning as "canvasser" in this section.
shall have the same meaning as "itinerant merchant" in this
section.
shall include any machine or device whether automatic or
not, controlled by the insertion of a coin or coins, for the vending
or service of food, liquids, confections, goods, wares, merchandise
or articles of any type, kind or description.
It shall be unlawful for any person, either directly or indirectly,
to conduct any business as defined in this chapter, or any sale as
defined in this chapter, or to operate or conduct a business as a
transient merchant, itinerant merchant, itinerant vendor, peddler,
canvasser, solicitor, or handbill distributor, as defined in this
chapter, or operate or put to use any cigarette vending machine, juke
box, vending machines or mechanical amusement device, or to use in
connection with the foregoing any vehicle, premises, machine or device,
in whole or in part, unless a license or a permit therefor is first
procured and kept in effect at all such times as required by this
chapter or any other law or ordinance of the Borough of Point Pleasant
Beach.
Except for the area of the Borough delineated in Chapter 8, § 8-1 of these Revised Ordinances, no person shall be issued a license to permit the operation of more than two mechanical amusement games, as herein defined, and including video games, for anyone licensed mercantile establishment. No license shall be issued to any person for said games if the licensed mercantile establishment is within 500 feet of any church or public or parochial school. However, the mayor and council shall review and consider applications for a variance from the distance restrictions when an applicant within same shall request it. A public hearing shall be held by mayor and council on notice provided by the applicant to all persons within 500 feet of the premises for which the license is proposed. The mayor and council shall determine if the enforcement of this distance restriction would not serve a substantial public purpose and the issuance of a license would not be detrimental to or inconsistent with the proper conduct of the church or school activities within the prohibited distance. 0
For the purposes of this chapter, any person shall be deemed
engaging in business and subject to the provisions of this chapter
when he does one act of
The agents, servants, employees or other representatives of
corporations, partnerships, resident or nonresident, individuals,
natural persons, joint ventures, societies, associations, clubs, trustees,
trusts or unincorporated groups, shall be personally responsible for
the compliance with this chapter by their principals and by the businesses
they represent.
a.
No person shall be granted a license for a fire sale or a going-out-of-business
sale, or other altered goods sale, or a removal of business sale,
all of which sales are defined in this chapter, unless:
1.
He has been the owner of a business as described in the application
for a license hereunder for a period of at least six months prior
to the date of the proposed sale; and
2.
He has not held a similar sale at the location stated in the application
within one year last past from the date of such application; and
3.
It applies to only one business and is not conducted or advertised
in cooperation or by participation with any other business; and
4.
He shall file with the licensing officer a complete inventory of
goods that are to be offered for sale.
c.
Any license issued pursuant to this subsection shall:
1.
Authorize only one type of sale described in the application at the
location named therein; and
2.
Authorize only the sale of goods described in the inventory filed
with the licensing officer and shall forbid additions or replacements;
and
3.
Continue for a period not exceeding three months from the date of
granting of license and shall not be renewable, assignable or transferable.
a.
The Borough Clerk shall prepare a list of addresses of those premises
where the owner and/or occupant has notified the clerk that transit
merchants, itinerant merchants, itinerant vendors, peddlers, canvassers,
solicitors and door-to-door sales enterprises are not permitted on
premises (hereinafter referred to as the "Do Not Knock" Registry).
Notification shall be by completion of a form available at the Borough
Clerk's office during normal business hours. The list shall be updated
from time to time but at least by January 1st of each year.
b.
Any owner and/or occupant who has requested enlistment on the "Do
Not Knock" Registry, pursuant to paragraph a herein, shall be able
to purchase from the clerk's office, for a nominal fee, a sticker
for display at his or her or its premises indicating enlistment on
the "Do Not Knock" Registry.
c.
The Borough Clerk shall submit the "Do Not Knock" Registry to the
chief of police at least biannually to be distributed to applicants
for a license to peddle, canvass, itinerant vend or otherwise door-to-door
sell pursuant to the provisions of this chapter. The licensee shall
not peddle, canvass, itinerant vend or conduct door-to-door sales
at any premises identified on the then current "Do Not Knock" Registry.
d.
Any canvasser, peddler, itinerant vendor, itinerant merchant, solicitor
or door-to-door sales person who violates any provision of this ordinance
shall be:
1.
Subject to the maximum fines as provided in this chapter;
2.
Subject to a one-year revocation of any license issued pursuant to
the within chapter; and
3.
Ineligible to receive a new license, pursuant to the within chapter,
for a one-year period, coinciding with the terms of one-year revocation
noted in paragraph d2 herein.
Every person required to procure a license under the provisions
of this chapter shall submit an application to the Borough Clerk,
which application shall be accompanied by the full amount of the fee
chargeable for the license applied for.
The application shall be a written statement upon the forms
provided by the Borough licensing officer and shall contain the following:
a.
Previous license history of the applicant and whether any previous
revocation or suspension and the reason therefor.
b.
Statement that applicant is not violating the zoning ordinance of
the Borough of Point Pleasant Beach. If applicant occupies a nonconforming
use, proof of date of occupancy and operation must be given.
c.
Statement that applicant is not in default under the provisions of
this chapter or indebted or obligated in any manner to the Borough
of Point Pleasant Beach, except for current taxes, both real and personal.
d.
Such other facts relative to the general personal history of the
applicant, or its officers and managers if the applicant is not an
individual, so as to enable the Borough license officer to make a
fair determination of the eligibility of the applicant.
e.
Name of person to whom license will be issued and his residence address.
If applicant is not an individual, then the names, positions and residence
addresses of all officers and managers of the applicant.
f.
The premises at which the business is to be carried on and the name
and address of the owner of the premises.
If the persons applying for licenses are making such application
for licenses as transient merchants, itinerant merchants, itinerant
vendors, peddlers, solicitors, canvassers or handbill distributors,
they shall furnish the following further information on their respective
applications, or attach the same thereto:
g.
A listing of all misdemeanors, felonies or violations of any municipal
ordinances for which applicant has been convicted, the nature of the
offense and the punishment assessed therefor. If applicant is not
an individual, these provisions shall apply to its officers and managers.
h.
The fingerprints of the person or persons having the management or
supervision of the applicant's business.
i.
The place or places in the Borough of Point Pleasant Beach where
applicant proposes to carry on business, peddle, solicit, canvas or
distribute, and the length of time he proposes to do so.
j.
The place or places within or without the Borough of Point Pleasant
Beach where applicant, within two years next preceding the date of
his application, did carry on business, peddle, solicit, canvass or
distribute.
k.
A statement of the nature, character of the advertising done or proposed
to be done in order to attract customers.
l.
A brief statement of the nature and character of the advertising
done or proposed to be done in order to attract customers.
m.
Credentials from the person, firm or corporation for which the applicant
proposes to do business, authorizing the applicant to act as such
representative.
n.
Such other reasonable information as to the identity or character
of the person persons having the management or supervision of the
applicant's business or the method or plan of doing such business
as the Borough licensing officer may deem proper to fulfill the purposes
of this chapter in the protection of the public good.
o.
A photograph taken within 30 days immediately prior to the date of
filing of the application, which photograph shall be 2" x 2", showing
the head and shoulders of the applicant in a clear and distinguished
manner.
p.
If a vehicle is to be used, a description of the same, together with
the license registration number or other means of identification.
No license, or renewal thereof, shall be issued to a person
not of good moral character. If applicant is not an individual, these
provisions shall apply to its officers and managers.
Upon written request of the Borough licensing officer or the
Borough Clerk, the chief of police shall ascertain if the applicant
has any criminal record, and report in writing affirmatively or negatively
thereon, within seven days after the request is made, indicating in
his report his approval or disapproval of the granting of a license
and giving his reasons therefor.
After submission of the application and the required fees to
the Borough Clerk, the Borough licensing officer shall make any investigation
necessary and shall indicate his written approval or disapproval of
the license application within ten days after the application is filed
with the Borough Clerk. If approved, the license shall be issued in
the name of the Borough Clerk. If disapproved, the Borough licensing
officer shall forthwith notify the applicant and the Borough Clerk
in writing of such disapproval and the reasons therefor, and the applicant
shall have ten days from receipt of notice of disapproval to appeal
from the decision of the Borough licensing officer, to the mayor and
council who, after due hearing, can affirm or reverse the decision
of the Borough licensing officer.
Application for renewal or transfer of a license shall follow
the same procedure as is outlined in the preceding subsections for
an original application.
All licenses shall commence as of the 1st day of January in
cacti year and shall expire on the 31st day of December in the year
of issuance. On transfer of location of licensed business to a new
location within the Borough of Point Pleasant Beach, or on the sale
of a going business remaining in the Borough, licenses may be transferred
provided the annual license fee for the year has been paid and a transfer
fee of ten ($10.00) dollars is paid to the Borough Clerk.
A duplicate license may be issued by the Borough Clerk to replace
any license previously issued, which license has been lost, stolen,
defaced or destroyed, without any willful conduct on the part of the
licensee., upon the filing by the licensee of an affidavit sworn to
before a Notary Public of the State of New Jersey attesting to such
fact and the payment to the Borough Clerk of a fee of ten ($10.00)
dollars.
No rebate or refund of any license fee or any part thereof shall
be made by reason of retirement of licensee from business, or by reason
of the non-use of such license for all or any portion of the licensed
year, or by reason of a change of location or business, or by reason
of fire or other accident or other casualty rendering the use of such
license ineffective.
Each license issued under this chapter shall state upon its
face the following:
a.
The name of the licensee and any other name under which such business
is to be conducted.
b.
The kind and address of each business so licensed.
c.
The amount of license fee therefor.
d.
The dates of issuance and expiration thereof.
e.
Such other information as the Borough licensing officer shall determine.
Every licensee under this chapter shall:
a.
Permit all reasonable inspections of his business.
b.
Permit access to the licensed premises at all reasonable times by
the Borough licensing officer.
c.
Ascertain and at all times comply with all laws and regulations applicable
to such licensed business.
d.
Avoid all forbidden, improper, unlawful or unnecessary practices,
businesses or conditions which do or may affect the public health,
morals or welfare.
e.
Refrain from operating the licensed business on premises after expiration
of his license and during the period when his license is revoked or
suspended.
f.
Post and maintain his license upon the licensed premises in a place
where it may be seen at all times. Moreover, in the case of cigarette
vending machines, juke boxes, vending machines and mechanical amusement
devices, the license or licenses herein provided for shall be posted
permanently and conspicuously at the location of the machine or device
in the premises wherein the same is to be operated or maintained to
be operated, and shall have affixed thereto any insignia delivered
for use therewith upon the outside of the same so that it may be seen
at all times.
g.
Carry and display, at all times, his license and identification to
any person requesting the same, if licensee is a transient merchant,
itinerant merchant, itinerant vendor, peddler, solicitor, canvasser
or handbill distributor.
h.
Not loan, sell, give or assign to any other person, or allow any
other person to use and display, or to destroy, damage or remove,
or to have in his possession, except as authorized by the Borough
licensing officer or by law, any license or insignia which has been
issued to the licensee.
[Ord. #1965-10, Art. IV, §§ 401 & 407; Ord.
#1969-7; Ord. #77-8; Ord. #1981-21, § 1; Ord. #1983-7, §
3; Ord. #1984-41, § 2; Ord. #1985-28, § 1; Ord. #2004-30,
§§ 1-3; Ord. #2004-40, §§ 1, 2; Ord. #2008-04,
§ 1; Ord. #2016-21]
All license fees shall be due and payable on the 1st day of January of each year. A late fee of fifty ($50.00) dollars shall be due and payable for any license that is not renewed by March 5th of the licensing year. The owner of any business, whose license is not renewed, shall be subject to summons for the violation of the provisions of this chapter and subject to penalties as set forth in Subsection 5-8.6.
The license fees to be paid annually, unless otherwise specified,
for conducting the business or businesses herein named at the premises
to be designated in the license or licenses issued hereunder, shall
be as follows:
a.
Advertising bill, circulars and sample distributors, each, ten ($10.00)
dollars per day, per person.
b.
Amusements.
1.
2.
Arcade (without rides or games) — five hundred ($500.00) dollars.
3.
Automatic or manually operated coin machines other than boardwalk
including video, ten ($10.00) dollars per machine with a maximum of
one hundred ($100.00) dollars.
c.
Automobile accessories and parts, one hundred ($100.00) dollars.
d.
Automobile agency or showroom for the sale of new cars, two hundred
fifty ($250.00) dollars; for the sale of used cars, one hundred fifty
($150.00) dollars.
e.
Automobile service stations, one hundred ($100.00) dollars; service
stations with repairs, two hundred ($200.00) dollars.
f.
Automobile and car/truck rental, one hundred ($100.00) dollars.
g.
Barber shops, fifty ($50.00) dollars.
h.
Beauty shops, fifty ($50.00) dollars.
i.
Bathing beaches — per lineal foot along Boardwalk line (up
to 200 lineal feet), $1.00/LF; 201-500 lineal foot, $.75; 501 LF and
over, $.50/LF. Minimum fee one hundred ($100.00) dollars and maximum
fee of one thousand ($1,000) dollars.
j.
Boat slips — Marina per slip, ten ($10.00) dollars per slip,
minimum one hundred ($100.00) dollars.
k.
Bus terminal, five hundred ($500.00) dollars.
l.
Canvassers, handbill, transient and/or itinerant merchants per day,
fifty ($50.00) dollars per person.
n.
Coal, oil, wood, fuel, gasoline, petroleum retailers, five hundred
($500.00) dollars.
o.
Driving school, each vehicle fifty ($50.00) dollars.
p.
Fire, damaged or altered goods, going out of business, etc., each
sale per day, fifty ($50.00) dollars.
r.
Garages and Parking Lots:
1.
Open air parking lots:
(a)
Fees charged will be based on 200 square feet per car per total
vacant area of premises to be licensed.
(1)
A fee of six ($6.00) dollars per car.
(b)
A one-day license fee of thirty-five ($35.00) dollars per day
will be issued but only after a license complies with all general
requirements and regulations hereinafter listed.
(c)
General regulations. Every open air parking lot licensee shall
comply with the following:
(1)
Permit all reasonable inspections of his business.
(2)
Permit access to the licensed premises at all reasonable times
by the Borough licensing officer.
(3)
Ascertain and at all times comply with all laws and regulations
applicable to such licensed business.
(4)
Avoid all forbidden, improper, unlawful or unnecessary practices,
businesses or conditions which do or may affect the public health,
morals or welfare.
(5)
Refrain from operating the licensed business on premises after
expiration of his license and during the period when his license is
revoked or suspended.
(6)
Post and maintain his license upon the licensed premises in
a place where it may be seen at all times.
(7)
Not loan, sell, give or assign to any other person, or allow
any other person to use and display, or to destroy, damage or remove,
or to have in his possession, except as authorized by the Borough
licensing officer or by law, any license or insignia which has been
issued to the licensee.
(d)
Parking will only be permitted within the property lines of
a licensed premises.
(e)
Unlighted lots cannot operate beyond sunset.
(f)
There shall be posted a three foot by three foot plywood sign
white in color with black lettering at each entrance to the parking
area with the following information:
(g)
Any business required by zoning ordinance to maintain a specified
number of off-street parking spaces for the operation of their business
may not charge to park in these spaces and will not be licensed to
do so.
(h)
Any violation of the open air parking lot provisions as set
forth herein may result in a suspension and/or revocation of the license.
Prior to said suspension and/or revocation, the licensee shall be
granted a hearing before the designated hearing officer. Said licensee
shall have the opportunity at said hearing to present testimony and
to be represented by counsel.
(i)
Anyone violating the provisions of the within ordinance shall
be subject to penalties as provided for in the general penalty provision
of Chapter V of the Borough of Point Pleasant Beach Code.
t.
Golf, miniature per 18 holes, one hundred ($100.00) dollars.
u.
Batting cages, per cage, seventy-five ($75.00) dollars. Maximum fee
two hundred fifty ($250.00) dollars.
v.
Juke boxes, twenty-five ($25.00) dollars.
w.
Livery service (per car), one hundred ($100.00) dollars.
x.
Lumber yards, two hundred fifty ($250.00) dollars. Any additional
retail sales (other than lumber) shall be subject to paragraph cc
below.
y.
Manufacturing, machine or assembly plant, three hundred ($300.00)
dollars.
z.
Mobile food vending per vehicle, three hundred ($300.00) dollars.
aa.
Peddlers, selling on streets, two hundred fifty ($250.00) dollars.
cc.
Retail sales, wholesale sales, one hundred ($100.00) dollars minimum,
5 ($0.05) cents per square feet all floors business use. Maximum fee
five hundred ($500.00) dollars.
dd.
Rental area wall to wall, all floors, 10 ($0.10) cents per square
feet. Minimum fee two hundred fifty ($250.00) dollars. Maximum fee
five hundred ($500.00) dollars.
ee.
Theaters and motion picture, per screen, two hundred fifty ($250.00)
dollars.
gg.
All businesses not classified, one hundred fifty ($150.00) dollars.
hh.
Antiquing emporium, each dealer, fifty ($50.00) dollars.
ii.
Massage therapy two hundred ($200.00) dollars per facility and thirty-five
($35.00) dollars per massage therapist.
jj.
Newsracks twenty-five ($25.00) dollars first box and twenty ($20.00)
dollars each box thereafter.
[Ord. No. 1968-5, § A]
It shall be unlawful for any person or persons or any body corporate to conduct a retail food establishment as defined in and governed by the Retail Food Establishment Code of New Jersey (1965), adopted by Chapter BH5 of this revision, without first having procured a license from the Board of Health of the Borough of Point Pleasant Beach to do so or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Retail Food Establishment Code of New Jersey (1965).
[Ord. No. 1968-5, § A]
The fees for licensing of retail food establishments shall be as prescribed in Subsection 5-4.6. Permits and licenses shall be applied for as required in section 5-3 hereof and shall be regulated by the terms of this chapter and Chapter BH5. No separate charge shall be made by the board of health for a retail food establishment license.
Any license issued under the term and provisions of this section
may be suspended or revoked by the board of health for the violation
by the licensee of any provision of this chapter or the Retail Food
Establishment Code of New Jersey (1965), or whenever it shall appear
that the business, trade, calling, profession or occupation of the
person to whom such license was issued, is conducted in a disorderly
or improper manner, or in violation of any law of the United States,
the State of New Jersey, or any ordinance of the Borough, or that
the person conducting the retail food establishment is of an unfit
character to conduct the same or that the purpose for which the license
has been issued is being abused to the detriment of the public, or
is being used for a purpose foreign to that for which the license
was issued.
A license issued under the terms and provisions of this section
shall not be revoked, cancelled or suspended until a hearing thereon
shall have been bad by the board of health. Written notice of the
time and place of such hearing shall be served upon the licensee at
least three days prior to the date set for such hearing. Such notice
shall also contain a brief statement of the grounds to be relied upon
for revoking, cancelling or suspending such license. Notice may be
given either by personal delivery thereof to the person to be notified
or be deposited in the United States Post Office in a sealed envelope,
postage prepaid, addressed to such person to be notified at the business
address appearing upon the license. At the hearing before the board
of health, the person aggrieved shall have an opportunity to answer
and may thereafter be beard, and upon due consideration and deliberation
by the board of health, the complaint may be dismissed, or if the
board of health concludes that the charges have been sustained, it
may revoke, cancel or suspend the license held by the licensee.
After Suspension or Revocation. If any such license shall have
been revoked, neither the holder thereof nor any person acting for
him, directly or indirectly, shall be entitled to another license
to carry on the same business within the Borough unless the application
for such license shall be approved by the board of health.
No provision of this section shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the state or federal government.
A mobile food retail sales and service unit hereinafter referred
to as a mobile unit, shall be defined as any movable restaurant, truck,
van, cart, bicycle, or other movable unit including hand carried portable
containers in or on which food or beverage is transported, stored
or prepared for retail sale or given away at temporary or permanent
locations.
Mobile units shall comply with the following specifications:
a.
Potable water supply tank, minimum capacity of 30 gallons heated
electrically or otherwise and tilted toward a capped drain cock, shall
be provided; the water inlet pipe shall be of removable flexible copper
or other tubing approved by the local board of health of Point Pleasant
Beach with nozzle for hose connection capped when not being used.
A hose for connection to potable water supply shall be provided and
shall be equipped with an approved vacuum breaker and check valve.
A seamless three compartment sink, supplied with running hot
and cold water, which shall have a swivel faucet, shall be provided
and it shall be large enough to accommodate the largest piece of equipment
to be cleansed therein.
A hand wash sink, seamless, with running hot and cold water,
soap and single service individual towels or mechanical hand dryer,
shall be provided.
A suitable waste tank with an adequate method of gauging the
contents and having a capacity at least equal to the capacity of the
water supply tank shall be provided and shall be tilted toward a drain
cock. It shall be emptied and flushed into a sanitary sewer or septic
system as often as necessary in a sanitary manner in order to maintain
sanitary conditions.
A mechanical refrigerated box that shall maintain a temperature
of 45 degrees Fahrenheit or below and equipped with indicating thermometer
shall be provided for various ingredients carried with metal racks
or platforms provided to store ingredients.
Floors shall be of metal or similar approved material and properly
sloped to provide proper drainage. Junctures of floor wall and adjoining
fixtures shall be watertight and covered.
A refuse container with cover must be available for deposit
of papers and other solid wastes by customers and operators and must
be so constructed and designed and placed so that it can be readily
used, cleaned and kept clean and located where it will not create
a nuisance.
All mobile units shall only operate between the hours of 12:00
p.m. and 6:00 p.m.
Notice shall be posted in the service area of the mobile unit
with instructions as to proper handling of food materials and containers,
proper cleansing of equipment, utensils and appurtenances and proper
waste disposal.
Persons handling food shall be clothed in clean, washable uniforms,
preferably white ones.
A hose and hose connection equipped with a vacuum breaker shall
be provided for supplying water to the mobile unit as well as a method
of handling the hose for draining to prevent contamination.
Serving windows shall be glassed or screened and shall be kept
closed at all times except when being used to serve customers.
Suitable covered storage facilities or containers shall be provided
for all refuse and waste which must be removed daily.
Every mobile unit shall be constructed of such acceptable material
as to enable it to be readily cleaned and equipment shall be installed
in such a manner that the unit can be kept clean and food will not
become contaminated. The unit or equipment shall be provided with
a close fitting cover where required.
The water supply shall be adequate, of a safe, sanitary quality,
and derived from an approved source. Cold water and hot water (of
a temperature not less than 140 degrees Fahrenheit under pressure)
shall be provided in all processing and washing areas.
All residues shall be removed from equipment after use each
day and product contact surfaces shall be sanitized just prior to
use each day. Interior surfaces contacted by foods shall be completely
disassembled daily for cleansing. However, installations and methods
used for cleaning equipment without disassembling same, may be utilized
by approval of the local board of health of Point Pleasant Beach.
After cleaning and sanitizing all product contact surfaces of
equipment and all utensils shall be so stored and handled as to be
protected from contamination.
All mobile retail food sales shall be conducted solely by the
licensee holding a mercantile license issued by the Borough of Point
Pleasant Beach.
All mobile retail food sales shall require the holder of said
license to continue to move from place to place and no sales shall
be conducted from a fixed location for any period longer than five
minutes.
[Amended 12-5-2023 by Ord. No. 2023-15]
a.
Mobile retail food sales shall be permitted in Point Pleasant Beach
however in order to protect the health, safety and welfare of the
citizens of Point Pleasant Beach no mobile retail food sales shall
be permitted in the following areas:
There shall be no vending, peddling or hawking the sale of any
item or service upon the boardwalk right-of-way lying along portions
of the oceanfront beach within the Borough of Point Pleasant Beach.
Additionally, no such activity shall take place upon any ocean beach
owned by the Borough of Point Pleasant Beach.
It shall be unlawful for any person, whether as principal or
agent, clerk or employee, either for himself or any other person,
or for any body corporate, or as an officer of any corporation, or
otherwise to:
a.
Engage in the operation of one or more machines or devices offered
for public use which, upon insertion of a coin, coins or token, or
by other means dispenses unit servings of food or beverages, either
in bulk or package, without the necessity of replenishing the devices
between each vending operation, without first having applied to and
procured a permit from the board of health of the Borough so to do,
or without complying with any and all of the provisions of the Food
and Beverage Vending Machine Code of New Jersey (1961) as adopted
or amended by the board of health.
b.
Maintain or permit to be maintained on or in any location in the
Borough, one or more machines or devices offered for public use which,
upon insertion of a coin, coins or token, or by other means, dispenses
unit servings of food or beverages, either in bulk or package, without
the necessity of replenishing the devices between each vending operation,
without first having applied to and procured a license for each such
machine or device from the board of health or without complying with
any and all provisions of the Food and Beverage Vending Machine Code
of New Jersey (1961) as adopted or amended by the board.
The fees for permits and licenses under this section shall be in conformity with the provisions of Subsection 5-4.6. Permits And licenses shall be applied for as required in section 5-3 and shall be regulated by the terms of this chapter and Chapter BH8. No separate charge shall be made by the board of health for permits or licenses except as provided in Chapter BH8.
Permits and licenses issued under the authority of this section
may be suspended, revoked, or reinstated by the board of health pursuant
to the provisions of the Food and Beverage Vending Machine Code of
New Jersey (1961), as adopted or amended by the board of health.
No provision of this section shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the state or federal government.
It shall be unlawful for any person, whether as principal or
agent, clerk or employee, either for himself or any other person,
or for any body corporate, or as an officer of any corporation, or
otherwise to engage in the operation of an establishment where one
or more machines or devices offered for public use which, upon insertion
of a coin, coins or token, or by other means, provide self-service
dry cleaning facilities without first having applied to and procured
a permit from the board of health of the Borough so to do, or without
complying with any and all of the provisions of the Coin-Operated
Dry Cleaning Establishments Code of New Jersey (1962), as adopted
or amended by the board.
The fee for permits required under this section is hereby fixed at one hundred ($100.00) dollars per year. Permits and licenses shall be applied for as required by section 5-3 hereof and be regulated by the terms of this chapter and Chapter BH9. No separate charge shall be made by the board of health for permits or licenses except as provided in Chapter BH9.
Permits issued under authority of this section may be suspended,
revoked, or reinstated by the board of health of the Borough.
No provision of this section shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the state or federal government.
It shall be the duty of the chief of police, the Borough licensing
officer and any police officer of the Borough of Point Pleasant Beach
to examine, if necessary, any and all places of business and all persons
in the Borough of Point Pleasant Beach to determine if this chapter
has been complied with and to enforce the provisions of this chapter
against any business and/or person found to be violating the same.
Further, it shall be their duty to require any person seen peddling,
soliciting, canvassing or distributing and who is not known by such
officer to be duly licensed, to produce his peddler's, solicitor's,
canvasser's or distributor's license, as the case may be, and to enforce
the provisions of this chapter against any person found to be violating
the same.
No license shall be required of any person for any mere delivery
in the Borough of Point Pleasant Beach of any property purchased or
acquired in good faith from such person at his regular place of business
outside of the Borough where no intent by such person is shown to
exist to evade the provisions of this chapter.
The mayor and Borough council may authorize the issuance of
special permits, without the payment of any license fees, or other
charge therefor, to any public, charitable, educational, literary,
fraternal or religious organization, for the conduct or operation
of a temporary nonprofit enterprise for a public, charitable, educational,
literary, fraternal or religious purpose. Applicants, however, shall
submit the usual application form in the manner as hereinbefore required
and shall operate, if granted a permit, in accordance with the requirements
of this chapter.
Any permit or license granted or issued pursuant to this chapter
may be revoked by the mayor and Borough council after notice and hearing
for any of the following reasons:
a.
Any fraud, misrepresentation or false statement contained in the
application for license.
b.
Any fraud, misrepresentation or false statement made in connection
with the selling of goods, wares or merchandise.
c.
Any violation of this chapter.
d.
Conviction of the licensee of any felony or of a misdemeanor involving
mortal turpitude.
e.
Conducting the business licensed under this chapter through applicant
himself, or any of his agents, servants or employees, in any unlawful
manner, or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
Notice of a hearing for revocation of a license, under Subsection 5-8.4, shall be given in writing by the Borough Clerk or the Borough licensing officer, setting forth specifically the grounds of complaint and the time and place of the hearing. The notice shall be mailed, by certified mail, to the licensee at the address indicated on his license application at least five days prior to the date set forth for the hearing.
[Amended 8-15-2023 by Ord. No. 2023-11]
[1]
Prior ordinance history includes portions of Ordinance Nos.
1976-10 and 1996-3.
As used in this section:
shall mean the practice of a profession, scientifically applied
to the patient by the operator's hands.
shall mean any massage establishment or place of business
wherein massage as to all or any one or more of the subjects and methods
of treatments defined in "massage therapist" is administered or used.
shall mean any person who practices or administers as to
all or any of the following named subject matters and who has made
a study of the underlying principles of anatomy and physiology as
generally included in a regular course of study by a recognized and
approved school of massage: the art of body massage, either by hands
or with a mechanical or vibratory apparatus for the purpose of body
massaging, reducing or contouring, and the use of oil rubs, heat lamps,
salt glows, hot and cold packs and tub, shower or cabinet baths. Variations
of the following procedures are employed: touch, stroking, friction,
kneading, vibration, percussion and medical gymnastics. "Massage therapists"
shall not diagnose or treat classified diseases nor practice spinal
or other joint manipulations nor prescribe medicines or drugs.
a.
It shall be unlawful for any person or persons to engage in the practice
or attempt to practice massage, whether for a fee or gratuitously,
or to conduct massage, without a license issued pursuant to the provisions
of this section.
b.
It shall be unlawful for any person or persons to operate or conduct
any massage establishment which does not conform to the sanitary provisions
herein contained or to employ any person as a massage operator who
does not hold a license.
a.
An applicant for a license shall submit the following information:
1.
Full name and current address.
2.
The two previous addresses of the applicant immediately prior to
the current address.
3.
Written proof that the applicant is over the age of 18 years.
4.
The applicant's height, weight and color of eyes and hair.
5.
Two current photographs at least two by two inches in size.
6.
The business, occupation or employment of the applicant for the three
years immediately preceding the date of the application.
7.
The massage or similar business license history of the applicant,
including whether such person, in previous operation, in this or another
area, has had his or her license revoked or suspended, the reason
therefor and any business activity or occupation subsequent to the
action of suspension or revocation.
8.
All criminal convictions and the grounds therefor.
b.
The applicant must furnish a diploma or certificate of graduation
from an accredited school or other institution of learning wherein
the method, profession and work of massage therapists is taught. The
term "accredited school or other institution of learning" shall mean
and include any school or institution of learning which complies with
the following criteria:
1.
It has been accredited by the American Massage and Therapy Association,
934 Quincy N.E. Albuquerque, New Mexico 87110 or the International
Myomassethics Federation, Inc., P.O. Box 20084, Detroit, Michigan
48220.
2.
It shall have as its principal purposes the teaching of the theory,
method, profession or work of massage therapists.
3.
It shall require a resident course of study of not less than 1,000
hours to be given in not less than six calendar months before a student
shall be furnished with a diploma or certificate of graduation from
such school or institution of learning showing the successful completion
of such course of study or learning.
a.
Any person desiring to obtain a license to operate a massage establishment
or to personal massage services shall make application to the municipal
clerk, who shall refer all such applications to the chief of police
for an appropriate investigation.
b.
Each application shall be accompanied by a license fee of two hundred
($200.00) dollars.
a.
Upon payment of the application fee, submitting of all information
required by application and upon proper inspection, a license shall
be granted immediately if all requirements described herein are met
and unless it appears that any such applicant has deliberately falsified
the application or the record of such applicant reveals a conviction
of a felony or a crime of moral turpitude.
b.
Any person denied a license pursuant to these provisions may appeal
to the Borough council in writing stating reasons why the license
should be granted. The council may grant or deny the license. The
council may also review any determination of the chief of police granting
or denying a license on its own motion.
c.
All licenses issued hereunder are nontransferable; provided, however,
that a change of location of a massage establishment may be permitted
pursuant to the provisions hereof.
d.
All licenses issued pursuant to this section shall be for a term commencing on January 1st of each year and terminating on December 31st of each year. The license fees provided for in Subsection 5-9.4 shall not be prorated in the event that an application for a license is made at any time after January 1st of any year.
Every person to whom a license shall have been granted shall
display the license in a conspicuous place at such person's place
of business.
A change of location of the massage premises shall be approved
by the chief of police, provided that all applicable ordinances are
complied with and the change of location fee of twenty-five ($25.00)
dollars is first paid.
It shall be the responsibility of the holder of the license
for a massage establishment to ensure that each person employed as
a massage therapist shall first have obtained a valid license pursuant
to this section.
a.
No license shall be revoked until after due notice and a hearing
shall have been held before the Borough council to determine just
cause for such revocation. Notice of such hearing shall be given in
writing and served at least ten days prior to the date of the hearing
therein. The notice shall state the grounds of the complaint against
the holder of such a license and shall designate the time and place
where such hearing will be held.
b.
The notice shall be served upon the license holder by delivering
same personally or by leaving such notice at the place of business
or residence of the license holder in the custody of a person of suitable
age and discretion. In the event that the license holder cannot be
found and the service of such notice cannot be otherwise made in the
manner herein provided, a copy of such notice shall be mailed, registered
postage fully prepaid, addressed to the license holder at his place
of business or residence at least ten days prior to the date of such
hearing.
The license of a massage therapist may be revoked upon one or
more of the following grounds:
a.
That the licensee is guilty of fraud in the practice of massage or
fraud or deceit in his being licensed to the practice of massage.
b.
That the licensee has been convicted in a court of competent jurisdiction
of a felony. The conviction of a felony shall be the conviction of
any offense which, if committed within this State, would constitute
a felony under the laws thereof.
c.
That the licensee is engaged in the practice of massage under a false
or assumed name or is impersonating another practitioner of a like
or different name.
d.
That the licensee is addicted to the habitual use of intoxicating
liquors, narcotics or stimulants to such an extent as to incapacitate
such person for the performance of his or her professional duties.
e.
That the licensee is guilty of fraudulent, false, misleading or deceptive
advertising or that he or she prescribes medicines, drugs or practices
any other licensed profession without legal authority therefor.
f.
That the licensee is guilty of willful negligence in the practice
of massage or has been guilty of employing, allowing or permitting
any unregistered person to perform massage in his or her establishment.
g.
The licensee has violated any of the provisions of this section.
The requirements of this section shall have no application and
no effect upon and shall not be construed as applying to physicians,
surgeons, chiropractors, osteopaths or any nurse working under the
supervision of a physician, surgeon, chiropractor or osteopath duly
licensed to practice the respective professions in this State.
Whereas, Public Laws of 1964, Chapter 6, Section 8, N.J.S.A. 5:8-31 provides that municipalities may enact ordinances permitting the holding, operating and conducting of bingo and raffle games on Sundays; and the Borough Council of the Borough of Point Pleasant Beach finds that the activities and goals of organizations and associations eligible for licenses to conduct bingo and raffle games would be enhanced by the added revenues which would be obtained if such games of chance were conducted on Sundays.
Pursuant to N.J.S.A. 5:8-31, the Borough Council of the Borough
of Point Pleasant Beach may, in its discretion, issue licenses for
the holding, operating and conducting of bingo and raffle games on
the first day of the week, commonly known and designated as Sunday.
As used in this chapter, the following terms shall have the
meanings indicated:
shall mean and include all sales entitled "garage sale",
"lawn sale", "attic sale", "rummage sale", "flea market sale", or
any similar casual sale of tangible personal property which is advertised
by any means whereby the public at large is or can be made aware of
said sale.
shall mean and include any goods, warehouse merchandise or
other property capable of being the object of a sale regulated hereunder.
shall mean and include individuals, partnerships, voluntary
associates and corporations.
It shall be unlawful for any person to conduct a garage sale
in the Borough of Point Pleasant Beach without first filing with the
Borough code enforcement officer the information hereinafter specified
and obtaining from the code enforcement officer a permit to conduct
such sale, to be known as a "garage sale permit". No fee shall be
required for the issuance of such permit.
The person making application for the "garage sale permit" shall
file a completed application with the code enforcement officer seven
days before the first day of the garage sale in order to provide adequate
time for the processing of the permit. The code enforcement officer
shall transmit each permit application to the chief of police, or
his designees who shall review the information contained on the permit.
The chief of police, or his designee shall have the right to impose
conditions on the permit relating to matters of public safety.
a.
The permit shall be issued only to premises on which a residential
dwelling is located or charitable, religious or civil organization
is located, it being the intention to prohibit garage sales on vacant
lots and further to limit the issuance of said permits to specified
premises rather than to any individual. The permit may be issued to
any premises only twice within any twelve month period, and the permit
shall be issued for no more than three consecutive calendar days.
Furthermore, no person, firm, group, corporation, or association shall
directly or indirectly conduct a garage sale at any premises within
the Borough more than twice in any twelve month period. Charitable,
religious and civic organizations may be allowed more than two permits
with the approval of the Borough council.
b.
Each permit issued under this section must be prominently displayed
on the premises upon which the garage sale is conducted throughout
the entire period of the garage sale.
The information to be filed with the code enforcement officer,
shall be as follows:
a.
Name of the person, firm, group, corporation, association or organization
conducting said sale.
b.
Name of the owner of the property on which said sale is to be conducted
and consent of the owner if applicant is other than the owner.
c.
Location at which sale is to be conducted.
d.
Number of days of sale.
e.
Date and nature of any past sale.
f.
Whether or not applicant has been issued any other vendor's license
by any municipal, county, State or Federal agency.
g.
Sworn statement or affirmation by the person signing that the information
therein given is full, true and known to him to be so.
h.
Any other information deemed necessary by the code enforcement officer
so as to process the application.
All garage sales shall be conducted between the hours of 9:00
a.m. and 6:00 p.m. only.
a.
Signs posted or handbills advertising a garage sale, as herein defined,
shall be of a size not larger than 12 x 12 inches and must contain,
in addition to the definition of the type of sale being advertised,
the number of the permit issued by the Borough and the dates for which
such permits were issued.
b.
All such signs shall be removed within 48 hours after the completion
of the sale.
c.
Newspaper advertisement of such sale shall contain the same information
as required in the case of signs.
The provisions of this section shall not apply to or affect
the following persons or sales:
a.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public
officials.
c.
Any person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement,
and which separate items do not exceed five in number.
d.
Any publisher of a newspaper, magazine, other publication or other
communication media who publishes or broadcasts in good faith without
knowledge of its false, deceptive or misleading character or without
knowledge that the provisions of this section have not been complied
with by the person conducting the sale.
e.
Any sale conducted by any merchant or other business establishment
in a place of business wherein such sale would be permitted by the
zoning regulations of the Borough or under the protection of the nonconforming
use section thereof, or any sale conducted by a manufacturer dealer,
or vendor which sale would be conducted from properly zoned premises
and would not otherwise be prohibited in the Borough ordinances.
f.
Any bona fide, charitable, eleemosynary, educational, cultural or other organization or association not for profit may be exempted from the limitation established in Subsection 5-11.3 hereof, upon demonstrating to the Borough council its right to such exemption. The production of a certified copy of a certificate of incorporation, pursuant to Title 15 of the Revised Statutes of New Jersey, shall be presumptive evidence of the right of such organization to this exemption.
a.
This section shall be enforced by the Police Department of the Borough.
It shall be the duty of the Chief of Police, or his designated agent,
to investigate any violation of this section.
b.
The person to whom such license is issued and the owner or tenant
of the premises on which such sale or activity is conducted shall
be jointly and severally responsible for the maintenance of good order
and decorum on the premises during all hours of such sale or activity.
No such person shall permit any loud or boisterous conduct on said
premises nor permit vehicles to impede the passage of traffic on any
roads or streets or interfere with the orderly passage of pedestrian
traffic on sidewalks in the area of such premises. All such persons
shall obey the reasonable orders of any member of the police department
in order to maintain the public health, safety and welfare.
[Ord. No. 2013-47; Ord. No. 2016-13; amended 12-17-2019 by Ord. No.
2019-18]
The purpose of the within section is to establish special event
approval procedures and fees to remediate the impact of such events,
and it shall be construed to secure the beneficial interests and purposes
thereof, which include public safety, health and general welfare — through
structural strength, stability, sanitation and safety to life and
property from fire and other hazards incidental to the congregation
of persons at special events. This section shall ensure that special
events do not create disturbances, become nuisances, menace or threaten
life, health, and property, disrupt traffic or threaten or damage
public property. It is not the intent of this section to regulate
in any manner the content of speech or infringe upon the right to
assemble, except for the time, place and manner of speech and assembly,
and this section should not be interpreted nor construed otherwise.
The cost of providing municipal services, such as public
safety and sanitation, in excess of those services and facilities
typically provided by the municipality to all other residents.
The person or group sponsoring or organizing a special event
and applying for a special event approval as required under this section.
A sign, streamer, or article of like description installed
across or over the roadway or sidewalk of any public street in the
Borough.
The Borough of Point Pleasant Beach.
Normal Borough work hours occurring Monday through Friday,
excluding municipal holidays.
Above-base service costs for municipal services charged by
the Borough to an applicant in conjunction with a special event permitted
under this section.
A public assembly, a meeting or gathering, a rally or protest
event, a political rally or event, speechmaking, marching, the holding
of vigils, and all other like forms of conduct, the primary purposes
of which is expressive activity or the communication or expression
of views or grievances, that (1) is engaged in by less than 50 persons;
or (2) will not occur upon any Borough property, including a street,
sidewalk, boardwalk, park or alley, without compliance with the normal
and customary traffic regulations or controls governing such places
(for example, do not require street, sidewalk or boardwalk closure);
or (3) does not require vendor, alcohol, animal, fireworks or carnival
ride licenses (which event meeting one or more of these characteristics
shall be deemed a special event). The term "demonstration" shall not
mean the casual use of Borough property which does not have an intent
or propensity to draw a crowd of onlookers.
An exhibition and sale of agricultural, industrial, household
and manufactured products, coupled with various amusements, entertainment
and educational displays.
A feasting or celebration or religious ceremony or series
of performances or merry-making with music and other entertainment.
Expressive and associative activity that is protected by
the United States Constitution and/or the New Jersey Constitution,
including, but not limited to speech, press, assembly, and/or the
right to petition, for example, but not by way of limitation, a march,
an assembly in support of or opposition to a political or social issue,
or a vigil, excluding commercial activities.
A merry-making or ceremonial succession, including an organized
movement and/or motorcade consisting of persons, vehicles, things,
or a combination thereof, which may include music and/or entertainment,
from one location to another that:
Is held with the intent to attract attention;
Takes place upon public streets, boardwalks, and/or sidewalks
within the Borough;
Interferes or has a tendency to interfere with the normal flow
or regulation of pedestrian or vehicular traffic, or does not comply
with normal and usual traffic, regulations, or controls.
A competition of speed in which participants utilize various
transportation mechanisms to get from one location to another in the
shortest period of time, occurring on a Borough street and/or sidewalk;
these transportation mechanisms may include, but are not limited to,
bicycles, automobiles, and/or running.
A noncompetitive race in which participants run and/or walk
from one location to another on a Borough street and/or sidewalk.
Any event, festival, performance, competition, display or
other organized public event in which public rights-of-way or public
property will be used. Such an event may be held or sponsored by a
for-profit or nonprofit organization and may use public roads or other
thoroughfares. The special event may also be one that promotes Point
Pleasant Beach, its residents and businesses as long as said promotion
is consistent with the family resort image of the Borough.
This section imposes regulatory requirements on certain activities
which are held on municipal streets or public property and are special
events. The requirements imposed by this section do not alter, supersede
or nullify any requirements contained in other statutes, ordinances
or regulations which may also regulate these same activities. These
requirements shall be applied in a content-neutral manner and without
discrimination as to race, religion, sex, national origin, political
affiliation or other unlawful discriminatory classification. This
section shall not apply to the following events:
a.
Events occurring inside permanently established, fully enclosed places
of assembly, such as a place of worship, public auditorium, theater,
recreation hall, gym, or other enclosed structure designed primarily
for housing and assembly of people, provided that the maximum number
of persons expected to attend or in actual attendance does not exceed
the maximum capacity of the enclosed place of assembly.
b.
Events in conjunction with school events on school property, house
of worship events on house of worship property if designed for that
use, or government-sponsored public hearings.
Approval is required for use of municipal property for all special
events, including any event, festival, performance, competition, display
or other organized public event in which public rights-of-way or public
property will be used. The governing body may approve a special event
upon written application made by any person who proposes to maintain,
conduct, promote or operate a special event as set forth herein. The
following items are required in order to receive approval for a special
event:
a.
A completed, verified application, including summary of event, venue
request and municipal support services, must be submitted to the Borough
Clerk. Corporate applications shall be duly signed, attested and verified
by the appropriate corporate officers and shall be accompanied by
a copy of the certificate of incorporation or certificate of formation.
The application shall specifically contain the following:
1.
Name, age, residence and mailing address of the applicant. Corporate
application shall show the name, residence and mailing address of
each person or other corporation holding 10% or more of the stock
in said corporation.
2.
The address, block and lot number, and legal description of all property
upon which the special event is to be held, together with the name
and address of the record owners of such property.
3.
Proof of ownership of all property upon which the special event is
to be held or a statement under oath by the record owner or owners
of all such property for an outdoor special event of 200 people or
more for the purpose set forth on the application.
4.
The specific nature and purpose of the special event, together with
a schedule of all events or acts and examples of the proposed advertising
of the event, if any, together with the names of the performers who
will be performing at the special event.
5.
The dates upon which the special event will take place and the time
the special event will open and finish each day.
6.
The application shall be accompanied by a diagrammatic sketch or
plan of the proposed site, showing the area where the special event
will be situated, the location and capacity of all parking areas,
driveways and roads as they relate to traffic flow, traffic control
and safety. Fire access lanes and lanes for other emergency vehicles
shall be shown on the sketch or plan.
7.
Past experience of the applicant in promoting, operating or conducting
similar outdoor events. The applicant shall state whether any permits
or licenses for assemblies issued by this or any other governmental
agency have ever been revoked, or whether the applicant has ever received
notice of violation from any governmental agency arising out of the
conduct of an special event. Any lawsuits commenced against the applicant
to enjoin an special event or to compel the applicant to provide financial
responsibility or reimbursement shall be disclosed.
8.
Food and drink.
9.
Adequate toilet and other sanitary facilities shall be provided.
The following minimum standards shall generally apply, although the
Borough may approve variations from these standards based on the length
of the event, the spatial characteristics of the event, or other factors
or considerations:
(a)
A minimum of four toilet facilities shall be provided to serve
an anticipated attendance of 200 people. In addition, two toilet facilities
shall be provided for each additional 250 people anticipated to attend.
(b)
Public or common use toilets must comply with the Federal ADA
accessibility guidelines, which require that 5% of the total number,
or no less than one toilet facility per each cluster of toilet facilities,
must be accessible to guests with disabilities.
(c)
Medical and ambulance care, including the names of first aid
and ambulance services or squads which will be available.
10.
Facilities for the parking of cars, off the traveled highways
of the Borough of Point Pleasant Beach. The details shall indicate
parking areas, the capacity of the parking areas, means of ingress
and egress, and the measures intended by the applicant to insure that
cars waiting to park will not congest the public highways.
11.
Public safety, indicating the classification of police officers
to assist the applicant in the supervision of those attending the
event. The Point Pleasant Beach Chief of Police shall determine how
many police officers will be needed to provide adequate traffic control,
and all traffic patterns devised by Point Pleasant Beach police personnel
shall be strictly adhered to. The Point Pleasant Beach Chief of Police
shall prepare an estimate for use of municipal personnel to maintain
traffic control, public safety, and security for the event.
12.
The plans, if any, to illuminate the location of the special
event and the pedestrian walkway areas, including the source, amount
of power, and the location of the illumination.
13.
The plans for holding, collecting and disposing of solid waste
materials.
14.
The plans for supplying potable water, including the source,
amount available and the location of all outlets.
15.
The plans for sound control and sound amplification, if any,
including the number, location and power of the amplifiers and speakers,
together with the applicant's proposal to confine the sound to the
area of the special event,
b.
The application shall be submitted to the following agencies and
the review process completed within 15 days of receipt of a complete
application:
c.
A representative from the applicant and the Police Department, as
well as the Borough Administrator, shall meet to review the application
and the planned event. A representative from the Building Department,
the Fire Official and Chamber of Commerce may be included as well,
if appropriate. The applicant will be provided with a list of municipal
services needed and any conditions placed upon the event, i.e., route
to be used, type of entertainment, road closure and other necessary
requirements for said events.
d.
The completed application shall then be submitted, along with departmental
recommendations and any required use agreement, for approval by the
governing body.
e.
Immediately upon approval, the Borough and the applicant shall notify
the Police Department, the First Aid Squad, and the Chamber of Commerce
of the date and time of the event and provide a map of the streets
impacted. The applicant shall also provide this same information to
the Municipal Clerk for posting on the municipal website, and to the
Ocean Star or other newspaper regularly circulated in the municipality.
The information provided to the newspaper shall include a notice as
to where route information can be obtained. The applicant shall simultaneously
transmit to the Municipal Clerk any email or other electronic transmittal
to the newspaper providing this information, or a certified mail or
other receipt demonstrating that the required information has been
provided to the newspaper.
f.
Pre- and post-event meeting(s) shall be held as deemed necessary
by the Borough Administrator.
g.
The governing body may consider the following factors when considering
if a special event requires the employment of above base municipal
services beyond the regularly scheduled shift or the employment of
a private contractor:
1.
The number of anticipated attendees.
2.
The size of the geographical area for which this special event requires
municipal services.
3.
Whether the event historically has, or is likely to, produce an excessive
amount of garbage, trash and litter.
4.
The proximity of the special event to residential areas or the likelihood
that garbage from a special event will affect residential areas.
5.
The proximity of the special event to bodies of water or any natural
resource that should be protected from garbage and pollution.
6.
The likelihood that garbage from the event could constitute a fire
hazard.
h.
Designated Boardwalk areas will be determined and designated by the
Chief of Police. For special events in designated Boardwalk areas,
one three-foot-by-six-foot table with no more than two chairs shall
be permitted. No tents will be allowed. At the discretion of the Chief
of Police of the Borough of Point Pleasant Beach, notification of
table occupants may be required.
a.
Existing event(s).
1.
For any event commencing on or after January 1, 2014, a special event
application must be submitted to the Borough Clerk no later than 90
days prior to the proposed commencement of the event. Upon receipt
of a completed application package, the Borough will review the application
and provide a response in a reasonable period of time. This deadline
shall apply to any event(s) held in the current year or any year in
the past five years, which will recur the following year, which is
referred to as an "existing special event."
2.
This deadline shall not apply to demonstrations or First Amendment
activities as defined in this chapter, or new events, defined herein
as those which have not been held in the Borough prior to December
31, 2013.
b.
New event(s).
1.
Special
event applications for new events must be submitted to the Borough
Clerk at least 120 days prior to the date and time at which the event
is proposed to occur. Upon receipt of a completed application package,
the Borough will review the application and provide a response within
45 business days to the applicant. The deadline shall not apply to
those events which are determined to be demonstrations or First Amendment
activities as defined in this section.
c.
Demonstrations and/or First Amendment activities. Applications for
a First Amendment activity not encompassed within the definition of
a "demonstration" in this section shall be processed by the Borough
no later than five business days prior to the date and time the event
is proposed to occur. The Borough still requires the receipt of a
completed application. If any agency within the Borough does not have
the opportunity to complete its review prior to the Borough's approval
under these expedited circumstances, the Borough reserves the right
to modify the authorized duration, route and/or location of the event
based on content-neutral public safety concerns, including, but not
limited to, accommodations for pedestrians, vehicular traffic, staffing
availability, and emergency vehicle access. Notwithstanding anything
to the contrary herein, the Borough Attorney, in consultation with
the Borough Administrator, shall have the discretion to waive these
time periods, in the interest of accommodating the free expression
of opinion. Such waiver shall not be unreasonably withheld but can
be denied upon a finding that the Borough would be unable to provide
for legitimate safety and traffic concerns. If a waiver is denied,
all efforts shall be made to find alternative avenues for the applicant
to reach his or her intended audience.
d.
Additional requirements.
1.
If the event will require the closing of streets, the event and applicant
are subject to the rules and regulations set forth in the Revised
General Ordinances of the Borough.
2.
If the event will have a fireworks display, the event and the applicant
shall comply with the rules and regulations as set forth in the New
Jersey Uniform Fire Code and any requirements established by the Fire
Official.
3.
If alcohol is to be served, event organizers must acquire a special
license for social affairs from the State of New Jersey Department
of Law and Public Safety, Division of Alcoholic Beverage Control.
License applications are available through the Borough Clerk. Liquor
liability insurance shall be required, in such form and amount as
set forth in this section. The licensee must comply with any applicable
state or local laws.
4.
If merchandise and/or food are to be sold or supplied, the event
and applicant are subject to the rules and regulations set forth in
the Revised General Ordinances of the Borough. Special attention should
be given to the provisions relating to hawking and peddling; canvassing
and soliciting. License applications are available through the Borough
Clerk.
5.
If applicable, the applicant must provide proof that the amusement
ride's owner/operator has acquired the necessary permits from the
New Jersey Department of Community Affairs, Bureau of Code Services,
and the insurance required in this section.
6.
If applicable, the applicant must provide proof that the owner/operator/distributor
of any game of chance has registered with the New Jersey Legalized
Games of Chance Control Commission and provide the appropriate license
to the Borough Clerk; and.
7.
No spray painting shall be permitted for any special event. Any route
markers shall be removed at the conclusion of the special event.
e.
Failure of the applicant to submit a complete application as defined
above and to comply with the applicable state laws and regulations
shall be grounds for denial of the approval application.
|
Except as otherwise provided herein, applicants for events defined herein as "First Amendment activities" are not required to comply with Subsection d1 hereinabove.
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a.
A separate approval shall be required for each day and for each location
in which people assemble or can reasonably be anticipated to assemble
for a special event.
b.
The approval shall set forth a maximum number of people that may
participate in the special event. The applicant shall not sell tickets
for nor otherwise permit to assemble at the approved premises more
than the maximum number of people permitted by the approval.
c.
The governing body may waive the fees provided for in Subsection a upon the written request of any civic association, charitable association or nonprofit corporation, provided such civic association, charitable association or nonprofit corporation meets the criteria set forth below:
1.
Only organizations holding tax-exempt status under the Federal Internal
Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)] are to
be considered as a charitable organization.
2.
The governing body may consider the following factors when considering
a charitable organization's request for waiver of any fee:
(a)
Benefit to the residents of Point Pleasant Beach from the charity's
activities.
(b)
Benefit to residents of the area from the charity's activities.
(c)
Amount of money expected to be raised by the charity by the
activity for which the waiver is requested.
(d)
Percentage of amount raised by the charity, through the activity
for which the waiver is requested, which is expended on costs and
administrative expenses.
(e)
Dollar amount of fees to be waived.
(f)
Above-base service of the Borough attributable to the activity
for which the waiver is requested.
The application shall also contain the following proof of financial
responsibility and adequate insurance coverage:
a.
The applicant shall submit to the Borough Clerk, with his application,
a certificate of insurance from an insurance company licensed to do
business in New Jersey, in the amount of $2,000,000 of liability per
occurrence, or $1,000,000 of liability per occurrence plus $1,000,000
of umbrella liability per occurrence, naming the Borough of Point
Pleasant Beach as additional insured for the date of the event. Where
it appears that the nature and size of the event, or existence of
other applicable insurance, will not reasonably require the limits
hereinabove provided, the Borough Council may fix such lesser amounts
of limits or accept such evidence of other insurance or financial
responsibility as will reasonably afford protection to the participants
and to the public.
b.
In addition to the insurance obligation provided for hereinabove,
the Borough Council may require the applicant; prior to the issuance
of an approval, to make cash deposits in an amount sufficient to insure
full payment of its approval fees and/or to insure prompt repair of
physical damage and collection or refuse, if same is not adequately
provided for by the applicant. Such a cash deposit may include sums
sufficient to pay for such special police officers and like personnel
as may reasonably be required by the event and for which the Borough
shall bill the applicant.
The Borough Council shall conduct a hearing on an application
for an approval hereunder at a regular meeting of the Borough Council
within 60 days of submission of the completed application. A notice
of such hearing shall be published at least once in the official newspaper
of the Borough at least five days prior to the date of the hearing.
The Borough Council may, after considering the application, causing
due investigation, and after giving due regard to the recommendations
of the Chief of Police, Fire Chief, Fire Official, Board of Health
and Code Enforcement Officer and Construction Official, issue the
approval requested upon such terms and conditions as it deems necessary
and proper to ensure the health, safety, and welfare of the citizens
of the Borough of Point Pleasant Beach.
An approval may be revoked by the Borough Council upon 12 hours'
notice to the applicant where it appears that:
a.
The application is materially false or purposely misleading.
b.
The number of persons attending the assembly is unexpectedly greater
by 50% than the number initially projected and the applicant is unable
to deposit sufficient monies to insure adequate police protection
or is unable, by reason of such increase, to provide proportionally
greater sanitary, water, food, and other health facilities.
c.
New or substantially changed conditions have arisen so as to imperil
or materially endanger the public health, morals, safety or welfare.
d.
Notwithstanding the above, an approval may be revoked at any time
after 24 hours prior to the event, and at any time during such event,
where it appears that the public health, morals, safety, or welfare
are being endangered, where it appears that numerous acts of criminality,
disorderly conduct, juvenile delinquency, violations of the controlled
dangerous substance act of the State of New Jersey are occurring,
or where nuisances substantially impairing the comfort or welfare
of the Borough are occurring. Where such circumstances appear, an
approval shall be revoked in the following manner:
1.
By a majority of a quorum of the Borough Council.
2.
If a quorum of the Borough Council cannot reasonably be convened,
then by the Mayor.
3.
In the absence of the Mayor, by his designee appointed for this purpose.
4.
In the absence of the foregoing, by the Chief of Police or his designee.
|
In the event of revocation under this subsection, the approval
fee and cash deposit, to the extent the latter is billed, used, or
required, shall not be returned to the applicant.
|
The following fees related to above-base services shall be applicable
for special events:
a.
If the bandshell area, gazebo or Borough Hall public meeting room
is used, there shall be a usage fee of $50 per hour of requested use.
b.
If the Boardwalk is used for a walk, raffle table or any other approved
use, there shall be a $50 application fee.
c.
For use of streets, there shall be a $25 application fee for each
street utilized.
d.
Law enforcement services. Any event that requires dedicated law enforcement
services in excess of the regularly scheduled shift shall be charged
for the above-base service required of each additional officer at
the current published off-duty rate and current established rate for
K-9 services.
e.
Public works. The following fees will be due for public works above-base
services, including, but not limited to, the cost of providing trash
receptacles, barricades, pre-event maintenance and trash removal;
said fees are based upon the anticipated attendance as set forth in
the application.
f.
Payment of fees. All application fees will be due and payable upon
submission of the completed application. All other fees that cannot
be computed prior to the event shall be due within 10 business days
after the completion of the event.
g.
Additional approvals. Any applicant/vendor that provides cooking
or heating equipment or erects tents in connection with the special
event shall obtain a permit from the Bureau of Fire Safety.
h.
Exemptions. Exemptions from the above fees may be granted by the
governing body as provided for in this section.
a.
Violations of this section shall be grounds for revocation of the
special event approval. Upon such revocation, all activities associated
with the event shall be immediately terminated.
b.
Any person who violates any subsection of this section for sponsoring
a special event determined to be a public health or safety hazard,
or for failure to obtain an approval, shall be subject to the penalties
set forth in the Borough Code. Each day's continued violation shall
constitute a separate offense.
c.
Nothing provided herein shall be deemed or construed to limit the
authority or ability of the Borough to seek civil injunctions to prohibit
violations of this section or any other lawful remedy, in addition
to the criminal penalties set forth in this subsection.
Application usage fees are to be placed in a dedicated fund
that will be used for the maintenance and improvements to the bandshell
area and parks within the Borough of Point Pleasant Beach. The fees
for police service and public works are intended to be used to offset
costs to those departments.
a.
The uncontrolled placement of newsracks in public rights-of-way presents
an inconvenience and danger to the safety and welfare of persons using
such rights-of-way, including pedestrians, persons entering and leaving
vehicles and buildings, and persons performing essential utility,
traffic control and emergency services.
b.
Newsracks so located cause an inconvenience or danger to persons
using public rights-of-way, and unsightly newsracks located therein,
constitute public nuisances.
c.
The provisions and prohibitions hereinafter contained and enacted
are in pursuance of and for the purpose of securing and promoting
the public health and general welfare of persons in the Borough of
Point Pleasant Beach in their use of public rights-of-way.
shall mean the person responsible for placing and maintaining
a newsrack in a public right-of-way.
shall mean any self-service or coin-operated box, container,
storage unit or other dispenser installed, used, or maintained for
the display and sale of newspapers or other news periodicals.
shall mean that area between the sidewalks and the curb of
any street, and where there is no sidewalk that area between§ the
edge of the roadway and property line adjacent thereto. Parkway shall
also include any area within a roadway which is not open to vehicular
travel.
shall mean that portion of a street improved, designed, or
ordinarily used for vehicular travel.
shall mean any surface provided for the exclusive use of
pedestrians.
shall mean all that area dedicated to public use for public
street purposes and shall include, but not be limited to, roadways,
parkways, alleys and sidewalks.
It shall be unlawful for any person, firm, or corporation to
erect, place, maintain or operate, on any public street or sidewalk,
or in any other public way or place, in the Borough any newsrack without
first having obtained a permit from the Borough licensing department
specifying the exact location of such rack(s). One permit may be issued
to include any number of newsracks, and shall be signed by the applicant.
Application for such permit shall be made, in writing, to the
Borough licensing department upon such form as shall be provided by
it, and shall contain the name and address of the applicant, the proposed
specific location of said newsrack, and shall be signed by the applicant.
a.
As an express condition of the acceptance of such permit, the permittee
thereby agrees to indemnify and save harmless the Borough, its officers,
directors, and employees against any loss or liability or damage,
including expenses and costs for bodily or personal injury, and for
property damage sustained by any person as the result of the installation,
use or maintenance of a newsrack within the Borough.
b.
Permits shall be issued for the installation of a newsrack or newsracks
without prior inspection of the location but such newsrack or newsracks
and the installation, use or maintenance thereof shall be conditioned
upon observance of the provisions of this section and such reasonable
rules and regulations as may be established by the Borough licensing
department. Permits shall be issued within 24 hours after the application
has been filed. An annual permit fee of twenty-five ($25.00) dollars
for the first newsrack and twenty ($20.00) dollars for each additional
newsrack is required.
c.
Such permits shall be valid for one year and shall be renewable pursuant
to the procedure for original applications referred to in Subsection
3-26.4 and upon payment of the above required permit fee.
Any newsrack which in whole or in part rests upon, in or over
any public sidewalk or parkway, shall comply with the following standards:
a.
No newsrack shall exceed four feet in height, 30 inches in width,
or two feet in thickness.
b.
No newsrack shall be used for advertising signs or publicity purposes
other than that dealing with the display, sale, or purchase of the
newspaper or news periodical sold therein.
c.
Each newsrack shall be equipped with a coin-return mechanism to permit
a person using the machine to secure an immediate refund in the event
he is unable to receive the publication paid for. The coin-return
mechanisms shall be maintained in good working order.
d.
Each newsrack shall have affixed to it in a readily visible place
so as to be seen by anyone using the newsrack a notice setting forth
the name and address of the distributor and the telephone number of
a working telephone service to call to report a malfunction, or to
secure a refund in the event of a malfunction of the coin-return mechanism.
e.
Each newsrack shall be maintained in a neat and clean condition and
in good repair at all times. Specifically, but without limiting the
generality of the foregoing, each newsrack shall be serviced and maintained
so that:
1.
It is reasonably free of dirt and grease.
2.
It is reasonably free of chipped, faded, peeling, and cracked paint
in the visible painted areas thereof.
3.
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon.
4.
The clear plastic or glass parts thereof, if any, through which the
publications therein are viewed are unbroken and reasonably free of
cracks, dents, blemishes and discoloration.
5.
The paper or cardboard parts or inserts thereof are reasonably free
of tears, peeling or fading. A
6.
The structural parts thereof are not broken or unduly misshapen.
Any newsrack which rests in whole or in part upon, or on any
portion of a public right-of-way or which projects onto, into, or
over any part of a public right-of-way shall be located in accordance
with the provisions of this section:
a.
No newsrack shall be used or maintained which projects onto, into,
or over any part of the roadway of any public street, or which rests
wholly or in part upon, along, or over any portion of the roadway
of any public street.
b.
No newsrack shall be permitted to rest upon, in or over any public
sidewalk or parkway, when such installation, use or maintenance endangers
the safety of persons or property, or when such site or location is
used for public utility purposes, public transportation purposes or
other governmental use, or when such newsrack unreasonably interferes
with or impedes the flow of pedestrian or vehicular traffic including
any legally marked or stopped vehicle, the ingress into or egress
from any residence or place of business, or the use of poles, posts,
traffic signs or signals, hydrants, mailboxes, or other objects permitted
at or near said location.
c.
No newsrack shall be chained, bolted, anchored to the ground or otherwise
attached to any fixture located in the public right-of-way, except
to other newsracks.
d.
Newsracks may be placed next to each other, provided that no group
of newsracks shall extend for a distance of more than eight feet along
a curb, and a space of not less than three feet shall separate each
group of newsracks.
e.
No newsrack shall be placed, installed, used or maintained:
1.
Within five feet of any marked crosswalk.
2.
Within 12 feet of the curb return of any unmarked crosswalk.
3.
Within ten feet of any fire hydrant, fire call box, police call box
or other emergency facility.
4.
Within five feet of any driveway.
5.
Within three feet ahead or 15 feet to the rear of any sign marking
a designated bus stop.
6.
Within three feet of the outer end of any bus bench.
7.
At any location whereby the clear space for the passageway of pedestrians
is reduced to less than six feet.
8.
Within three feet of or on any public area improved with lawn, flowers,
shrubs, trees or other landscaping.
9.
Within 100 feet of any other newsrack on the same side of the street
in the same block containing the same issue or edition of the same
publication.
[Amended 8-15-2023 by Ord. No. 2023-11]
[Ord. #1988-2, § 1]
The purpose of this section is to implement the provisions of
P.L. 1987, Chapter 174 to require any individual license or permit
holder owning real property to bring up-to-date any overdue real property
taxes in order to receive the reissuance of a license or permit. Additionally,
this section shall provide for the revocation of any license or permit
in accordance with the provisions of said Chapter 174.
[Ord. #1988-2, § 2]
Prior to the issuance or renewal of any license or permit as
set forth in Chapters V, VI, VII, VIII and XIII of the Code of the
Borough of Point Pleasant Beach the applicant, if he is the owner
of the real property where the business or activity for which the
license or permit is sought or wherein the business or activity is
to be conducted shall be required to pay any and all delinquent real
estate taxes upon said property.
[Ord. #1988-2, § 3]
The owner of said real property upon which said business or
activity is located shall have his or her license or permit revoked
in the event that said individual, corporation or partnership 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.
[Ord. #1988-2, § 4]
This section shall not apply to New Jersey alcoholic beverage
licenses or permits issued pursuant to the "Alcoholic Beverage Control
Act", R.S.33:1-1 et seq.
Editor's Note: Section 5-15, Religious Solicitation in the Boardwalk and Ocean Avenue Area, containing portions of Ordinance No. 1990-21, was deleted in entirety by Ordinance No. 2015-02.
[Ord. #1993-8, § 1; Ord. #1998-2, § 1]
The purpose of the within section is to require certain minimum
regulation requirements for tattoo and body piercing businesses located
within the Borough of Point Pleasant Beach as they apply to the record
keeping and minimum age requirements.
[Ord. #1993-8, § 2; Ord. #1998-2, § 1]
a.
"Tattoo" or "tattooing" shall mean any placement or injection by
means of a penetrating instrument, or in any other manner of chemicals,
substances, dyes or other material upon or beneath the surface of
the skin of a human being for the purpose of marking, decoration or
other permanent alteration of the appearance of the skin surface.
b.
"Body piercing" shall mean the purposeful puncturing of the skin
of any human body part, for the purpose of permanently or temporarily
inserting a ring or other ornamentation. The term "body piercing"
shall include, but not be limited to the piercing of ears, eye brows,
noses, lips, navels, tongues or any other body part.
[Ord. #1993-8, § 3; Ord. #1998-2, § 1]
It shall be a violation of the within section for anyone or any tattooing or body piercing business to tattoo or body pierce an individual under the age of 18 years except as provided in section 5-16.4 of this section. Said establishment shall be responsible to review two types of identification proving an individual to be at least 18 years of age. Said proofs shall include at least one that is a photo identification and it shall be the responsibility of the proprietor to photocopy and maintain said submitted proofs for a period of three years together with the following information concerning all tattoo or body piercing:
a.
The date of the tattooing or body piercing;
b.
The name, address and sex of the person tattooed or pierced;
c.
The name and address of the person performing the tattoo operation
or body piercing;
d.
The design, color or colors and location on the body of the tattoo
or the location of the piercing;
e.
The dye or substance used in marking the skin, or the type of ring
or other ornamentation inserted into the pierced area;
f.
The method of tattooing or piercing used.
If the person to be tattooed or to be pierced is a minor under the age of 18 years, then it shall be required that the parent or guardian sign a consent to said tattooing or piercing operation. The proprietor shall be responsible to keep photocopies of at least two forms of identification identifying the individual as the parent or a court order identifying the person as the guardian before allowing the minor to be tattooed or pierced. Said records shall be kept for a period of three years as hereinabove described and all of the other information required by section 5-16.3 shall additionally be supplied.
No person or operator of any establishment or other place where
tattooing or body piercing is performed shall state, represent, warrant
or imply to customers, potential customers, or the public at large,
that the tattooing or body piercing establishment is endorsed or its
operation approved by the Borough of Point Pleasant Beach.
Tattooing or body piercing establishments shall be responsible
for the proper sterilization and disposal of tattoo and body piercing
needles and any associated medical wastes in accordance with any and
all applicable county, state or federal regulations.
[Amended 8-15-2023 by Ord. No. 2023-11]
The purpose of the within section is to adopt specific regulations
pertaining to outdoor flea markets within the Borough of Point Pleasant
Beach.
a.
"Flea market" shall mean an arrangement of outdoor vendors upon public
property with consent of the governing body for a period of time not
to exceed two days. Additionally, the only items to be sold at said
market include used merchandise, handcrafted items and antiques.
Upon receiving approval from the governing body, the sponsor
shall be required to obtain an application from each participating
vendor. Said application must include a list of all items to be sold
by each vendor. Sponsor will maintain applications and have available
the day of the event.
It shall be the responsibility of the applicant/licensee for the flea market to follow the rules established herein. Failure of the applicant or licensee to follow said regulations shall result in revocation, future disqualification or penalty as provided in Subsections 5-8.4 through 5-8.6 of the Borough Code.
The purpose and intent of this section is to allow portions
of the public sidewalks in front of eating establishments to be used
for sidewalk dining subject to issuance of an outdoor sidewalk cafe
license and strict compliance with all conditions set forth herein.
This limited authorization to use the public sidewalks is intended
to advance the public purposes of stimulating economic activity and
providing amenities in the business districts of the Borough of Point
Pleasant Beach, and such authorization shall be solely in the nature
of a revocable license which shall not be deemed to vest licensees
with any property interest or other rights in the public sidewalks.
No person shall engage in or allow sidewalk dining on any public
sidewalk without having first obtained a sidewalk dining license.
a.
No outdoor sidewalk cafe license shall be issued unless the licensee
shall have first filed with the municipal clerk a certificate of insurance,
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 five hundred thousand ($500,000.00) dollars 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
outdoor sidewalk cafe or for injury to any person occurring on the
space occupied by such cafe, and further providing for the payment
of not less than ten thousand ($10,000.00) dollars 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 Borough of Point Pleasant Beach ten days prior to cancellation
or substantial change in coverage.
No outdoor sidewalk cafe license shall be issued unless the
licensee shall have first executed and filed with the municipal 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 Borough of Point
Pleasant Beach, 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 outdoor sidewalk cafe.
a.
No outdoor 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 shall agree, at the option
of the Borough, to either repair at its sole cost and expense any
damage caused to the sidewalk by the operation of the cafe or to reimburse
the Borough for all costs and expenses incurred by it in making any
such repairs.
b.
In the event of damage to the sidewalk caused by operation of the
sidewalk cafe, the municipal clerk may require a bond to be filed
by the licensee in an amount to be fixed by the Borough, prior to
the next annual renewal of said sidewalk cafe license.
An application, sworn to by the applicant, for a sidewalk dining
license shall be filed annually with the Borough Clerk on forms supplied
by the clerk. The forms shall require the following information and
such additional information as deemed necessary:
a.
The name of the applicant, and the address.
b.
The name and address of the eating establishment where sidewalk dining
is to be maintained.
c.
Consent of the owner of the premises, if other than the applicant.
d.
A check payable to the Borough of Point Pleasant Beach in the amount
of the license fee.
e.
A layout plan which must include the following:
1.
A description of the proposed design and location of the outdoor
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).
2.
A statement of seating capacity of the proposed outdoor sidewalk
cafe and of the existing restaurant actually operated by the applicant
in the adjacent building.
3.
A diagram demonstrating that pedestrian traffic along the sidewalk
upon which the outdoor sidewalk cafe is proposed to be located will
in no way be impeded, and that the provisions of this chapter shall
be satisfied.
4.
A description of the proposed location of the outdoor 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, including the area of frontage and distance from the facade
to the curb.
a.
The municipal clerk shall refer the layout plan to the construction
official, chief of police, the code enforcement official and the building
committee of the Borough council for their review and comment. All
such review and comment shall be completed within 15 business days
after receipt of the plan.
b.
The Borough administrator shall, after review of the plan and receipt
of the comments from the municipal officials, either approve or deny
the application.
c.
The administrator's decision on the license application shall be
deemed the final action of the Borough.
The annual license fee for each and every premises on which
sidewalk dining is conducted shall be one hundred ($100.00) dollars.
This license fee shall be in addition to any other licenses that the
premises requires, including, but not limited to, a mercantile license.
a.
A sidewalk dining license shall be valid only for the period of May
1 through October 31 of a given year, and a new license must be obtained
for each year. Licenses may be renewed annually by the filing of an
application in accordance with the provisions of this chapter.
b.
A sidewalk dining license may not be transferred.
c.
The license shall be displayed in a conspicuous place on the premises
prior to the use of the premises for sidewalk dining.
[Ord. No. 1999-05, § 1]
The conduct of sidewalk dining pursuant to a license issued
under this section shall be subject to all of the following restrictions
and requirements:
a.
Public sidewalk dining may be conducted in the general commercial
(GC), marine commercial (MC), or highway commercial (HC) districts
as designated on the Point Pleasant Beach Zoning Map, and shall be
operated and maintained in accordance with the layout plan as approved.
b.
The sidewalk dining area must not inhibit pedestrian traffic on public
sidewalks, and an area must be open and unobstructed for pedestrian
traffic. No furniture, apparatus, decoration or appurtenance used
in connection with the operation of the outdoor sidewalk cafe shall
be located in such a way that less than four 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.
c.
Nothing shall be placed in an alleyway or walkway or set up tables
in such a manner as to block any alleyways or walkways or any building
entrance/egress. It shall be unlawful to obstruct or reduce in any
manner the clear width of any exit discharge passageway, as determined
by the clear width opening of the entrance/egress door(s). The passageway
shall be as straight as possible leading directly to the street.
d.
The only items permitted are tables, chairs, umbrellas and/or awnings,
lighting, plants or other decoration and containers for the disposal
of recyclable cans/bottles and garbage.
e.
No table, umbrella or other item shall be placed in such a manner
as to block any municipal signs, receptacles for garbage, public benches
or other public amenity, including fire hydrants.
f.
The licensee must provide for the disposal of recyclable cans/bottles
and garbage. Public receptacles for garbage shall not be used. Sidewalk
areas shall be kept clean during hours of operation. Trash receptacles
shall be provided as required. Litter shall not be permitted on adjoining
sidewalks or property.
g.
Service in the outdoor sidewalk cafe shall be provided by persons
engaged or employed for that purpose and shall be furnished to seated
patrons only. All customers must be seated throughout their meal and
the licensee shall be prohibited from serving drivers or passengers
of vehicles.
h.
Licensees are prohibited from using public utility hookups.
i.
All sound systems are prohibited. Noise shall be kept at such a level
as to comply in all respects with the provisions of the code of the
Borough of Point Pleasant Beach.
j.
All food preparation shall be in the regular kitchen area of the
restaurant, not outside and shall be done in compliance with all the
requirements of N.J.A.C. 8:24-1 et seq. (also known as Chapter XII
of the New Jersey State Sanitary Code) and N.J.S.A. 24:15-1 et seq.
k.
The placement of outdoor tables shall be limited to the area immediately
in front of existing and/or properly approved restaurants, cafes or
eating establishments. The outdoor sidewalk 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.
No portion of any sidewalk dining equipment, including chairs, tables
and opened umbrellas, shall encroach upon the sidewalk area in a manner
to block, impede or cover adjacent store fronts, doors or windows
in front of other business establishments.
l.
Reserved.
m.
Sidewalk dining may commence May 1 and may continue through October
31. Permissible hours of operation shall be from 7:00 a.m. to 10:00
p.m., with the last meal being served no later than 10:00 p.m. Within
one hour after the closing of the outdoor sidewalk cafe, the operator
shall have all furniture, apparatus, decoration and appurtenances
and any other items used in connection with the operation of such
outdoor sidewalk cafe removed from the sidewalk. All such materials
shall be stored in a safe and secure interior location.
n.
No alcohol service or consumption is permitted.
o.
The Borough retains the right to temporarily suspend a sidewalk dining
license to allow for construction activity, utility repairs, special
events or for other reason as deemed appropriate by the Borough council,
with reasonable advance notice to be given to affected licensees.
p.
The operator shall comply with all other ordinances of the Borough
of Point Pleasant Beach. Failure to comply with any Borough ordinance
may result in suspension or revocation of the sidewalk cafe license.
[Ord. No. 1999-05, § 1]
Any license may be suspended or revoked for good cause by the
Borough council, including but not limited to a misrepresentation
of the information supplied in the application, the conviction of
a crime, a violation of any ordinance, statute or government regulation
or a violation of this section.
[Ord. No. 1999-05, § 1]
The Borough Clerk shall be responsible for licensing and the
collection of fees. This chapter shall otherwise be enforced by the
zoning officer, Point Pleasant Beach Police Department and the board
of health, as to the sanitary code.
[Ord. No. 1999-05, § 1]
a.
Upon a determination by an officer or employee of the Borough of
Point Pleasant Beach 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 such violation within 24 hours of
the receipt of such notice by the licensee. In the event that the
licensee fails or refuses to correct such violation within such period,
the licensee's outdoor sidewalk cafe license shall thereupon and automatically
be revoked. In the event that a licensee receives three violation
notices during a single license period, the outdoor sidewalk cafe
license shall be thereupon automatically revoked.
b.
Upon the revocation of such license, the licensee upon written request,
shall be entitled to a hearing before the Borough council of the Borough
of Point Pleasant Beach within 14 days of the date of its request.
[Ord. No. 1999-05, § 1; amended 8-15-2023 by Ord. No. 2023-11]
[Ord. No. 2003-03; Ord. No. 2008-19, Ord.
No. 2009-36; reserved by Ord. No.
2013-47]
|
Editor's Note: Former Section 15-19 (5-19.1—5-19.6) Special Event Approval was deleted by Ordinance No. 2013-47. See Section 5-12 for Special Events.
|
a.
The Municipal Council of the Borough of Point Pleasant Beach recognizes
that the filming of motion pictures within the Borough of Point Pleasant
Beach has been increasing and will continue to increase in the future.
b.
The production of motion pictures within the Borough of Point Pleasant
Beach requires various regulations to preserve the general health,
safety and welfare of the Borough of Point Pleasant Beach inhabitants;
in addition, the imposition of various fees is required to offset
administrative costs incurred in processing permit applications and
conducting the requisite inspections. The Borough of Point Pleasant
Beach hereby amends Chapter V of the Code of the Borough of Point
Pleasant Beach to establish fees and regulations governing motion
picture filming.
As used in this section, the following terms shall have the
meanings indicated:
a.
Filming shall mean the taking of still or motion picture either on
film, videotape or other recording medium, for commercial or educational
purposes, intended for viewing on television, in theaters in print
or for institutional use. The provisions of this chapter shall not
be deemed to include the filming of news stories within the Borough
of Point Pleasant Beach.
b.
Public lands shall mean any and every public street, highway sidewalk,
square, public park or playground or any other public place that is
within the jurisdiction and control of the Borough of Point Pleasant
Beach. Incidental use of public land that is of minimal impact and
does not result in a closing of same to public use shall not be considered
filming on public land.
c.
Private property shall mean any and all property that is not a public
street, highway, sidewalk, square, public park or playground, or other
public place within the Borough of Point Pleasant Beach, but is owned
by or assessed to a private person or entity.
d.
Major motion picture shall mean means any film for which the budget
is at least five million ($5,000,000.00) dollars or any film which
is financed and/or distributed by a major motion picture studio, including
but not limited to any of the following: Universal Pictures, Warner
Brothers (including New Line Cinema, Castle Rock Cinema and Turner
Production Company), Paramount, 20th Century
Fox, Columbia/TriStar, Disney, MGM-United Artists, or any successor-in-interest
to any of the foregoing major motion picture studios.
a.
No person or organization shall film or permit filming on public
or private property within the Borough of Point Pleasant Beach without
first having completed an application and obtained a permit from the
administrator, which will be issued at the Office of the Administrator,
416 New Jersey Avenue, Point Pleasant Beach, New Jersey 08742, or
other designated location. The permit shall, whenever possible, set
forth the approved location of such filming, the approved duration
of such filming by specific reference to day or dates and all conditions
placed upon the permitted activities. Said permit must be readily
available for inspection, by city officials at all times at the site
of the filming.
b.
All permits shall be applied for and obtained from the administrator
or designee at the office of the administrator or other designated
location during normal business hours. All applications for such permits
shall be accompanied by a permit fee in the amount established by
this chapter.
c.
If a permit is issued and due to inclement weather or other good
cause, filming does not in fact take place on the dates specified,
the mayor or his designee, at the request of the applicant, may issue
a new permit for filming on other dates, subject to full compliance
with all other provisions of this chapter. No additional fee shall
be paid for this permit.
Applications shall be obtained from and submitted to the administrator
or his designee in person at the office of the administrator or other
designated location or by mail and must contain at least the following
information:
1.
The name, address and telephone number of the applicant. The applicant
is the person or entity seeking a film permit.
2.
The name, address and telephone number of the individual submitting
an application for a film permit on behalf of the applicant and his/her
relationship to the applicant.
3.
The location of the property where filming is to take place.
4.
Whether the individual submitting the application is owner or tenant
in possession of the property.
5.
The name and address of the owner of the property if the individual
submitting the application is not the owner.
6.
Written consent from the owner if the individual submitting the application
is not the owner.
7.
The date(s) and hour(s) filming are to take place.
8.
The dates within the previous 12 months that any filming, as described in Subsection 5-20.2 above, was conducted at this location.
9.
A signed statement that the applicant affirms, under penalty of perjury,
that all statements contained in the application are true.
a.
No permits shall be issued by the administrator unless applied for
at least seven days before the requested shooting date; provided,
however, that the administrator or his designee may waive the seven
day period, if in his/her judgment, the applicant has obtained all
related approvals and adjacent property owners or tenants do not need
to be notified.
b.
No permit shall be issued for filming upon public lands, unless the
applicant provides the Borough of Point Pleasant Beach with the following:
1.
A certificate of insurance naming the Borough of Point Pleasant Beach
as an Additional Insured and providing coverage as follows:
(a)
For bodily injury to any one (1) person in the amount of at
least one million ($1,000,000.00) dollars and any occurrence in the
aggregate amount of at least one million ($1,000,000.00) dollars.
(b)
For property damage, each occurrence in the aggregate amount
of at least one million ($1,000,000.00) dollars.
(c)
Workers' compensation insurance in at least an amount equal
to the statutory limits required by the State of New Jersey.
2.
An agreement in writing whereby the applicant agrees to indemnify
and save harmless the Borough of Point Pleasant Beach from any and
all liability, expense, claim or damage resulting from the use of
public lands and private property, including but not limited to the
Borough's issuance of a permit to film pursuant to this chapter.
3.
In the case of a permit to film on private property, the applicant
must provide a certificate of insurance pursuant to the preceding
paragraph b1, in at least the amounts stated in the paragraphs b1(a),
(b) and (c), that also name the property owner as an additional insured.
4.
The hiring of Borough of Point Pleasant Beach police officers, firefighters
and emergency medical technicians (EMT) for the times indicated on
the permit, when deemed necessary by the administrator in consultation
with the police chief or his designee.
5.
The posting of a security deposit of at least one thousand ($1,000.00)
dollars cash or certified check or a maintenance bond of at least
two thousand ($2,000.00) dollars running in favor of the Borough of
Point Pleasant Beach and protecting and insuring that the location
utilized will be after filming, in a satisfactory condition, free
of debris, rubbish and equipment, and that due observation of all
city ordinances, laws and regulations will be followed. Within seven
days of the completion of the filming, the Borough will return the
bond if there has been no damage to public property or public expense
caused by the filming. The administrator may increase the amount of
security deposit or bond if deemed necessary.
c.
The holder of the permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
public lands and shall comply with all lawful directives issued by
the Borough of Point Pleasant Beach Police Department or other department
or agency with respect thereto.
d.
The holder of a permit shall conduct filming in such a manner so
as to minimize the inconvenience or discomfort to adjoining property
owners attributable to such filming and shall, to the extent practicable,
abate noise and park vehicles associated with such filming off the
public streets. The holder shall avoid any interference with previously
scheduled activities or with normal activity on such public lands.
e.
Where the applicant's production activity, by reason of location
or otherwise, will directly involve and/or affect any businesses,
merchants or residents, the applicant shall give these parties written
notice of the filming at least seven days prior to the requested shooting
dates(s). Such written notice shall inform the affected parties that
objections may be filed with the administrator. All objections will
form a part of the applicant's application and be considered in the
review of same.
Production activity is deemed to directly involve and/or affect
a business or merchant, when such production activity is likely to
have a negative pecuniary affect on the business in that it will impede
the flow of pedestrian traffic on the Borough block on which the business
premises is located, prevent persons from parking on the street adjacent
to the Borough block on which the business premises is located, provided
such parking is otherwise permitted by law, or in any way obstruct,
interrupt or prevent access to and from the business premises by persons
on foot or in a motor vehicle.
Production activity is deemed to directly involve and/or affect
a resident, when such production activity shall interfere with the
resident's right of quiet enjoyment to the property.
Affected businesses, merchants and residents are all those businesses,
merchants and residents whose premises are located on the Borough
block(s) encompassing the area(s) for which the applicant seeks a
permit to film. A Borough block consists of the linear area located
between the cross-streets found at either end of the linear area.
The area of affected businesses and merchants may be expanded by the
administrator in consultation with the police chief or his designee
if he/she should determine that the production activity is likely
to affect businesses merchants and/or residents located in a larger
area than the area provided for pursuant to this paragraph.
f.
The administrator will make every effort to work with residents to
minimize the inconvenience caused by filming in residential areas
and will require the applicant to give affected residents at least
seven days notice of parking restrictions, night shooting or other
inconveniences. All filming must be completed within one-half hour
after sunset. Any night shooting must be approved by the administrator
or his designee. Night shooting is defined as all filming occurring
in residential (RR-1, RR-2, RR-3, LR, SF-5, HR zone) neighborhoods
one-half hour after sunset.
g.
The administrator may refuse to issue a permit whenever he/she determines,
on the basis of objective facts and after a review of the application
and a report thereon by the police department and/or by other Borough
agencies involved with the proposed filming site, that filming at
the location and/or the time set forth in the application would violate
any law or ordinance or would unreasonably interfere with the use
and enjoyment of adjoining properties, unreasonably impede the free
flow of vehicular or pedestrian traffic or otherwise endanger the
public's health, safety or welfare. Further, the city reserves the
right to require on-site Borough of Point Pleasant Beach police officers
to act as patrolmen in situations where the proposed productions may
impede the proper flow of traffic, the cost of said police officers
to be borne by the applicant as a cost of production. Where existing
electrical power lines are to be utilized by the production, an on-site
licensed electrician may be similarly required, at the cost of the
applicant, if the production company does not have a licensed electrician
on staff. Likewise, other Borough personnel can be required on-site,
at the cost of the applicant, should it be determined that such supervision
is necessary to the health, safety and welfare of the citizens of
the Borough of Point Pleasant Beach.
h.
Copies of the permit application will be sent to the police, fire,
building and health departments for review prior to the issuance of
a permit. The applicant shall permit the police department, fire prevention
bureau or other Borough inspectors to inspect the site and the equipment
to be used. The applicant shall follow all safety instructions issued
by the police department, fire prevention bureau or other Borough
inspectors. The administrator shall not issue a permit prior to receiving
objections, conditions or approvals communicated by the police, fire,
building and/or health departments.
i.
Any persons aggrieved by a decision of the Borough administrator denying or revoking a permit or a person requesting relief pursuant to Subsection 5-20.4 may appeal to the Borough council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the administrator. An appeal from the decision of the administrator shall be filed within ten days of the administrator's decision. The council shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed. The decision of the council shall be in the form of a resolution. A resolution supporting the decision of the council shall be adopted at the first regularly scheduled public meeting of the council after the hearing on the appeal unless the appellant agrees, in writing, to a later date for the decision. The administrator's decision shall be deemed to be reversed and a permit shall be issued in conformity with the application of the relief pursuant to Subsection 5-20.4.
j.
The Borough council may authorize a waiver of any of the requirements
or limitations of this section whenever it determines that strict
compliance with such limitations will pose an unreasonable burden
upon the applicant and that a permit may be issued without endangering
the public's health, safety and welfare.
k.
In addition to any other fees or costs mentioned in this section,
the applicant shall reimburse the Borough for any costs or lost revenue,
repairs to public property, or other revenues that the Borough was
prevented from earning because of the filming.
The schedule of fees for the issuance of permits, authorized
by this chapter, are as follows:
a.
A daily filming permit of (i) one thousand ($1,000.00) dollars per
day for applicants filming a major motion picture having a budget
of five million ($5,000,000.00) dollars or more, (ii) five hundred
($500.00) dollars per day for applicants filming a motion picture
having a budget of more than one million ($1,000,000.00) dollars but
less than five million ($5,000,000.00) dollars, or one hundred fifty
($150.00) dollars per day for all other applicants except nonprofit
organizations filming exclusively for educational purposes, which
organizations shall be required to pay daily filming permit fee of
twenty-five ($25.00) dollars per day.
b.
Additional fee for filming in public buildings, public parks or other
public facilities for nonprofit applicants or educational filming
purposes: None.
c.
Filming on private property: None.
a.
Nothing in this section shall be construed to impair or limit in
any way any other power of the Borough of Point Pleasant Beach to
define and declare nuisances and to cause their removal or abatement.
b.
Nothing in this section shall be construed to abrogate or impair
the power of the Borough of Point Pleasant Beach or any officer or
department to enforce any provisions of its charter or its ordinances
or regulations, nor to prevent or punish violations thereof, and the
powers conferred by this chapter shall be in addition and supplemental
to the powers conferred upon the Borough by any other law or ordinance.
If any sentence, subsection, clause or other portion of this
section or the application thereof to any person or circumstance shall
for any reason be adjudged by a court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or repeal the remainder
of this section.
Any person violating this section, the rules and regulations
contained herein and/or the conditions imposed on any permit issued
pursuant to this section, shall be subject to a fine not to exceed
one thousand two hundred ($1,200.00) dollars per violation or imprisonment
for a term not to exceed 90 days or both. A separate offense shall
be deemed committed on every day on which a violation occurs or continues.
The municipal clerk is hereby delegated the authority to act
as the "issuing authority" to approve the granting of raffle and bingo
licenses.
The following words and terms, when used in this section, shall
have the following meanings, unless the context clearly indicates
otherwise:
shall mean the public schools, public school organizations,
including but not limited to the Parent-Teacher Organizations, Music
Parents Association and Garnet Gull Booster Association, the Point
Pleasant Beach Little League and the Point Pleasant Beach volunteer
First Aid Squad and Fire Companies.
shall mean a permit issued by the Department pursuant N.J.A.C.
16:401.1 et seq.
shall mean the State Department of Transportation.
shall mean the public right-of-way whether open or improved
or not, including all existing factors or improvements.
shall mean State highway property and property rights, including
easements, owned and controlled by the Department.
shall mean the permit issued by the Borough of Point Pleasant
Beach pursuant to this section.
shall mean the portion of the roadway that lies between the
edge of the traveled way and curbline, excluding auxiliary lanes.
shall mean a road owned, taken over, controlled, built, maintained,
or otherwise under the jurisdiction of the Department.
shall mean the portion of the roadway provided for the movement
of vehicles, exclusive of shoulders and auxiliary lanes.
a.
Pursuant to N.J.S.A. 39:4-60 and N.J.A.C. 16:40-1.1, authorized charitable
organizations are hereby permitted to solicit contributions in the
right-of-way of a highway located within the Borough, subject to the
provisions and restrictions contained in this section.
b.
The within authorization is subject to the regulations promulgated
by the Department in consultation with the Division of Highway Traffic
Safety, as set forth in N.J.A.C. 16:40-1.1 to 11.1.
c.
Under no circumstances may an authorized charitable organization
conduct a roadway charitable solicitation without first having obtained
a permit from the chief of police.
a.
An authorized charitable organization seeking issuance of a roadway
solicitation permit shall file an application with the chief of police
on forms provided by the chief of police.
1.
An application for a roadway solicitation permit shall be filed with
the chief of police not less than seven days before the date upon
which it is proposed to conduct such roadway solicitation.
2.
Contents of roadway solicitation permit. The application for a roadway
solicitation permit shall set forth the following information:
(a)
Name, address and telephone number of the authorized charitable
organization seeking to conduct a roadway charitable solicitation.
(b)
Date and times upon which roadway solicitation is proposed.
(c)
Method of roadway charitable solicitation (i.e., coin toss using
blankets).
(d)
Specific location or locations of proposed roadway charitable
solicitation.
(e)
Contact person for the authorized charitable organization.
(f)
Names of the persons (solicitors) conducting the roadway charitable
solicitations on behalf of the authorized charitable organization
at each proposed location.
(g)
Any additional information which the chief of police shall find
reasonably necessary for the fair determination as to whether a permit
should be issued.
b.
If the proposed roadway charitable solicitation is to be conducted
upon any county highway or intersection, the authorized charitable
organization must submit evidence of approval by the Ocean County
Board of Freeholders pursuant to N.J.S.A. 39:4-60.
c.
If the proposed charitable solicitation is to be conducted upon any
State highway or intersection, the authorized charitable organization
must submit evidence of approval in the form of a charitable solicitation
permit received from the Department under N.J.A.C. 16:40-1.1 et seq.
1.
The chief of police is hereby authorized to sign the charitable solicitation
permit on behalf of the Borough.
2.
The chief of police has been consulted and shall be responsible for
supervising the solicitation and enforcing the terms of the charitable
solicitation permit.
3.
The roadway solicitation permit issued by the Borough and the charitable
solicitation permit issued by the Department shall be in the possession
of the solicitor for the authorized charitable organization during
all times of solicitation and be available for inspection by the State,
county and Point Pleasant Beach police enforcement personnel.
a.
Solicitation of contributions is prohibited along traffic circles
or highway segments determined to be inappropriate in the interest
of public safety.
b.
Solicitation is permitted only at signalized intersections or when
the existing traffic control device causes temporary interruption
in the flow of normal traffic, such as at the opening of a movable
bridge.
c.
Borough police may suspend solicitation operations at any time if
any condition of either permit is violated or if, in a police officer's
sole discretion, traffic is being impeded or delayed or the public
safety is at risk.
d.
Solicitation shall be subject to the specific terms and conditions
of each permit granted.
e.
Solicitation shall not stop traffic or impede the flow of traffic.
Traffic shall already be stopped before solicitation may occur and
shall cease while traffic is moving. Use of a flagperson shall be
prohibited.
f.
The authorized charitable organization shall be responsible for cleaning
up any debris from the roadway.
g.
Solicitation shall only be permitted during daylight hours.
h.
Solicitors shall not drink alcoholic beverages, use drugs, or be
under the influence of drugs or alcohol when soliciting. Solicitors
shall not harass the public.
i.
Each person soliciting charitable contributions on behalf of the
authorized charitable organization shall be at least 18 years of age.
a.
All solicitors shall wear safety vests that are in accordance with
Department standards.
b.
Parking of vehicles shall comply with applicable traffic regulations.
Off-site parking is recommended.
c.
Coin tosses using blankets located off the traveled way are the preferred
method of solicitation.
d.
The solicitors shall not install any traffic control devices.
a.
Signs advertising the roadway solicitation are permitted but they
must be of temporary construction and break-away to the extent possible.
b.
Signage shall be a maximum of 16 square feet.
c.
Signage shall be in accordance with the temporary signage standards
contained in the Manual on Uniform Traffic Control Devices.
e.
Signs shall not be permitted in the traveled way or medians less
than eight feet in width.
f.
All signs warning, noticing or advertising solicitations shall be
removed immediately following the solicitation event.
[Amended 8-15-2023 by Ord. No. 2023-11]
shall mean any pet store or pet store operator that displayed,
sold, delivered, offered for sale, or otherwise disposed of cats or
dogs in the Borough of Point Pleasant Beach prior to October 12, 2012.
shall mean a retail establishment open to the public and
engaging in the business of selling animals at retail. Any person
who sells, exchanges, or otherwise transfers only animals that were
bred or raised, or both, by the person, or sells or otherwise transfers
only animals kept primarily for reproduction, shall be considered
a breeder and not a pet store.
shall mean a person who owns or operates a pet store, or
both.
No pet store operator or pet store shall sell, deliver, offer
for sale, barter, auction or otherwise improperly dispose of cats,
dogs or other mammals, other than hamsters, guinea pigs, mice, rabbits,
gerbils, rats and ferrets in the Borough of Point Pleasant Beach.
This section shall not apply to legally existing nonconforming uses
or to the adoption of cats or dogs, or both. Nothing contained herein
shall prohibit a shelter, pound or other establishment from keeping,
displaying, selling or otherwise transferring any cat or dog, or both,
that has been seized, rescued or donated.
[Amended 8-15-2023 by Ord. No. 2023-11]
[Ord. No. 2014-25; amended
in entirety 3-5-2024 by Ord. No. 2024-01.]
[Added 3-5-2024 by Ord.
No. 2024-01]
a.
The purpose of this section is to:
1.
Implement, within the jurisdictional boundaries of the Borough of
Point Pleasant Beach and establish procedures pursuant to the New
Jersey Pawn broking law (N.J.S.A. 45:22-2 et seq.);
2.
Establish procedures for the licensing and operation of pawnbrokers
and dealers of secondhand goods, through the implementation of a standard
body of uniform policies and recordkeeping requirements to which each
business governed by this Chapter shall abide;
3.
Facilitate the prevention of fraud, impositions and other abuses
upon citizens of the Borough of Point Pleasant Beach; and
4.
Ensure the difficulty of disposing of stolen property and aid in
the recovery of stolen property.
b.
No person shall use, exercise or carry on the business, trade or
occupation of buying scrap gold, old gold, silver, jewelry, home electronics/audio
and visual equipment, musical instruments, telephones and telephonic
equipment, scales, computers, computer hardware and software, typewriters,
word processors, scanners, sporting goods of all kinds, antiques,
platinum, all other precious metals, tools of all kinds, televisions,
digital video recorders (DVRs), GPS, camcorders, car stereos, gift
cards, furniture, clothing or other valuable articles, hereinafter
referred to as "secondhand goods or articles," or being a secondhand
Dealer within the Borough of Point Pleasant Beach without having first
obtained a license from the Borough of Point Pleasant Beach Police
as hereinafter provided.
[Added 3-5-2024 by Ord.
No. 2024-01]
Words used in the present tense shall include the future, words
in the plural number shall include the singular number, and words
in the singular number shall include the plural number. The word "shall"
is always mandatory and not merely directory. As used in this section,
the following terms shall have the meanings indicated:
Acceptable forms of identification include: a current valid
New Jersey Driver's License or Identification Card, a current
valid photo driver's license issued by another US state, a valid
United States Passport, or other verifiable US Government issued identification.
Any person, partnership, firm, association or corporation,
other than a licensed pawnbroker or licensed secondhand dealer, having
a place of business in the Borough of Point Pleasant Beach for the
purpose of purchasing, trading or dealing in antiques or primitives
and who derives 75% of his or her gross sales from the sale of antiques
or primitives.
One or more old and valuable art object or item no longer
in production that is at least 50 years old. As used in this chapter,
the terms "antique" or "antiques" shall also mean "primitives."
Any article of merchandise, including any portion of such
article, whether a distinct part thereof or not, including every part
thereof whether separable or not, and also including material for
manufacture, and as so defined in N.J.S.A. 51:6-1.
Any and all forms of business organization operating pursuant
to law, including but not limited to entities designated and/or operating
as a partnership, limited liability company, corporation, "S" corporation,
association or firm. For purposes of this chapter, the term "business
entity" includes a foreign business or business formed under the laws
of another state which business is authorized by the State of New
Jersey Division of Revenue to conduct business within this state and,
at all times relevant to this chapter, is in good standing with the
New Jersey Division of Revenue. Foreign businesses include all forms
of business entity recognized in the foreign jurisdiction, including
any form of business entity not otherwise recognized by the laws of
the State of New Jersey, such as, without limitation, a limited liability
partnership.
The Chief of Police of the Borough of Point Pleasant Beach
or his designee/representative.
A computerized internet capable database with hardware and
software compliant to, accessible by, and acceptable to the Chief
of Police.
Any person, partnership, corporation, or other entity, whether
permanent or itinerant, who on one or more occasions (through any
means) buys or sells or otherwise exchanges or trades secondhand gold,
silver, precious metals, gems, or jewelry, and includes anyone advertising
the purchase or sale of any of the aforementioned items.
A person or entity who is appointed or designated by the
Chief of Police who is authorized to collect and maintain precious
metal transaction information or other purchase information as defined
herein, for the Borough of Point Pleasant Beach.
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale," "flea market sale," "auction sale "or" yard
sale" or any similar casual sale of used tangible personal property
which is advertised by any means whereby the public at large is or
can be made aware of the sale.
A restricted monetary equivalent or script that is issued
by retailers or banks to be used as an alternative to a non-monetary
gift.
Any person or business entity granted a license pursuant
to this chapter and/or granted a license by the Department of Banking
and Insurance in accordance with the Pawn Broking Law.
Any person under the age of 18 years.
The New Jersey statute and implementing regulations, N.J.S.A.
45:22-1, et seq. and N.J.A.C. 3:16-1.1, et seq., respectively, and
any and all amendments thereto, which govern and regulate pawn shop
businesses and pawnbrokers operating within the State of New Jersey.
Any person, partnership, association or corporation lending
money on deposit or pledge of personal property, other than chooses
in action, securities, or printed evidences of indebtedness; purchasing
personal property on condition of selling it back at a stipulated
price; or doing business as furniture storage warehouseman and lending
money on goods, wares, or merchandise pledged or deposited as collateral
security. For purposes of this chapter, the term "pawnbroker" shall
include any secondhand dealer who also operates as a pawnbroker or
undertakes any action or conduct which includes the business of a
pawnbroker as defined in the Pawnbroker Law.
Any individual which is not a business entity. For purposes
of this section, the term "person" shall also include an individual
operating a business as a sole proprietorship.
An article or articles deposited with a pawnbroker in the
course of business.
A person who delivers the pledge into the possession of a
pawnbroker, unless such person discloses that he is or was acting
for another, and in such an event "Pledgor" means the disclosed principal.
Comprised of gold, silver, sterling, platinum and/or their
alloys as defined in N.J.S.A. 51:5-1 et seq., N.J.S.A. 51:6-1 et seq.
and/or N.J.S.A. 51:6A-1 et seq.; gems, gemstones, coins and all forms
of jewelry herein contained.
Not only the exchange of money for precious metals, but the
exchange or trading of any other tangible or intangible property for
precious metals.
The exchange of money and the exchange, deposit, pledge,
sale, conveyance or trade of any tangible or intangible article.
Every transaction conducted by a dealer in which precious
metals, or other tangible property, are purchased or exchanged from
or with the public.
As used in this chapter, any person, partnership, corporation,
association, joint venture, trustee, court-appointed representative
or agent thereof which operates a business for profit which buys,
sells, possesses on consignment for sale or trades jewelry, stamps,
coins or any precious metals which may have been previously owned
by a consumer-or which derives more than 35% of its gross receipts
from the sale, consignment for sale, pledge or trade of any goods,
wares or merchandise which have previously been owned by a consumer,
including but not limited to furniture, appliances, consumer electronic
goods, clothing, automobile accessories, books, magazines, athletic
cards and memorabilia or precious metals, whether in bulk or manufactured
state. The term "secondhand dealer" shall include businesses commonly
known as "pawnbrokers," "trading posts," "swap shop operators," "stamp
dealers," "coin dealers," "jewelers" and "auction houses" that purchase
and resell items from persons other than dealers and suppliers. The
fact that any business does any of the following acts shall be prima
facie proof that said business is a secondhand dealership:
Advertises in any fashion that it buys or sells secondhand or
used items. Such advertisements shall include, but are not limited
to, media advertisements, telephone listings, and signs, whether on
the exterior or interior of the business.
Devotes a significant segment or section of the business premises
to the purchase or sale of secondhand or used items.
Secondhand Goods. Goods which have been previously owned, worn
or used by a consumer and/or that are not new. For purposes of this
chapter, the term "secondhand goods" shall include "secondhand watches"
except where the context clearly indicates to the contrary.
Secondhand Watches. A watch shall be deemed to be second-hand
if:
It as a whole or the case thereof or the movement thereof has
been previously sold to or acquired by any person who bought or acquired
the same for his use or the use of another, but not for resale; provided,
however, that a watch which has been so sold or acquired and is thereafter
returned either through an exchange or for credit to the original
individual, firm, partnership, association or corporation who sold
or passed title to such watch, shall not be deemed to be a second
hand watch for the purposes of this chapter if such vendor shall keep
a written or printed record setting forth the name of the purchaser
thereof, the date of the sale or transfer thereof, and the serial
number (if any) on the case and the movement, and any other distinguishing
numbers or identification marks, which said record shall be kept for
at least five years from the date of such sale or transfer and shall
be open for inspection during all business hours by the Camden County
Prosecutor or the prosecutor's duly appointed representative;
Its case, serial numbers or movement numbers or other distinguishing
numbers or identification marks shall be erased, defaced, removed,
altered or covered; or
If its movement is more than five years old and has been repaired
by any person or persons, including the vendor, notwithstanding that
it may have been returned either through an exchange or for credit
to said original vendor. Cleaning and oiling a watch movement or recasting
the movement in a new case shall not be deemed watch repair for the
purposes of this section.
A Dealer who has not been in any retail business continuously
for at least six months at that address in the municipality where
the Dealer is required to register or who intends to close out or
discontinue all retail business in the Borough of Point Pleasant Beach
within six months, or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C.
13:47C-1.1.
[Added 3-5-2024 by Ord.
No. 2024-01]
Any licensee operating as a pawnshop or pawnbroker shall comply
with all applicable state and federal laws and regulations that govern
the same. Specifically, businesses dealing in the purchasing of precious
metals will comply with the laws outlined in N.J.S.A. 51:6A-1.
Notwithstanding anything in this Code to the contrary, except
where otherwise stated in this section, the provisions of this section
shall govern pawnbrokers, pawn broking activities, dealers in secondhand
goods and precious metal dealers with respect to the issuance, term,
renewal and effect of licenses issued pursuant to this section and
the violations and penalties set forth in this section. It is the
express intent of the Borough of Point Pleasant Beach that any conflict
between this section and any other Chapter in the Municipal Code be
resolved in favor of this section.
[Added 3-5-2024 by Ord.
No. 2024-01]
No person, either as owner, manager, lessee, officer or agent,
or in any other business, within the Borough of Point Pleasant Beach,
shall operate or permit to operate as a pawnbroker/secondhand dealership
without first having obtained a license from the Borough of Point
Pleasant Beach to do so.
If an individual is deemed a pawnbroker or business deemed a
pawn shop, then a license from the Commissioner of Banking and Insurance
is required, pursuant to N.J.S.A. 45:22-21.
[Added 3-5-2024 by Ord.
No. 2024-01]
a.
The following are exempt from the requirements of this section:
1.
Garage sales.
2.
Sales conducted by governmental, civic, patriotic, fraternal, educational,
religious or benevolent organizations which have been in active and
continuous existence for at least one year prior to the holding of
the sale or which are incorporated as a not-for-profit corporation
by the state.
3.
Sales or purchases which are regulated by the licensing laws of the
state, including automobile dealers, used parts dealers and automotive
parts recyclers.
4.
Antique dealers. As used in this section, an antique dealer is defined
as one who derives 75% of his or her gross sales each year from the
sale of antiques and/or primitives. As used in this section, an "antique"
or "primitive" is defined as an old and valuable art object or article
no longer in production that is at least 50 years old. As used in
this section, the term "sale" does not include an exchange, trade,
or swap of items.
[Added 3-5-2024 by Ord.
No. 2024-01]
a.
An application for a license required shall be made in writing to
the Borough Clerk which shall minimally set forth the following:
1.
The name of the individual, partnership, corporation or association
applying for a license;
2.
The residence, phone number, date of birth, driver's license
number, and social security number or federal tax identification number
of the applicant or partners or, if a corporation or association,
the residence, phone number and driver's license number of the
officers and all shareholders owning more than 5% of the outstanding
shares of stock;
3.
The location for which the license is requested;
4.
Whether the applicant, its partners, officers or listed shareholders
have been convicted of any criminal offense or ordinance violation
(other than traffic or parking offenses) in any jurisdiction and,
if so, a list of such convictions with date and prosecuting jurisdiction;
and
5.
Whether the applicant, its partners, officers or listed shareholders
have held a license or had an interest in a license issued by this
or any other jurisdiction regulating the purchase or sale of secondhand
property revoked for cause and, if so, list the date of revocation
and jurisdiction.
b.
In the case of a pawnbroker, the applicant's name, address,
fingerprints and written consent for a criminal history record must
be forwarded to the Commissioner.
[Added 3-5-2024 by Ord.
No. 2024-01]
a.
Any pawnbroker or secondhand dealer shall, before engaging in business
within the Borough, apply for and secure a license to engage in, conduct,
and transact such a business, the fee for which license shall be $350,
in addition to the standard business license fee.
b.
An application for the renewal of a license shall be made to the
Borough Clerk on or before January 31st of each year and shall be
submitted to the Borough Council for approval. The annual renewal
fee shall be $350. Should the license be denied, the license fee shall
be refunded to the applicant.
c.
Following the issuance of a license, the licensee shall secure the
acceptable Database Software System. Any software licensing fee shall
be paid by the licensee direct to the software provider and shall
not be part of and is in addition to the license fee required by the
Borough.
[Added 3-5-2024 by Ord.
No. 2024-01]
a.
The Borough Clerk shall issue the license requested unless the Borough
Clerk shall find:
1.
The applicant is under the age of 18;
2.
The location requested is not in a permanent structure;
3.
The applicant, its partners, officers or listed shareholders have
been convicted of or have pleaded guilty to any offense related to
theft, burglary, or purchasing or receiving stolen items under the
laws of this state, Borough, or any other jurisdiction within the
past 10 years, or have forfeited a bond to appear in court to answer
for charges for such offenses during said time;
4.
That the location requested and structure to be used would not comply
with all applicable laws, including the Zoning Code of the Borough;
5.
That the applicant, its partners, officers or listed shareholders
have held a license or had an interest in a license issued by the
Borough or any other jurisdiction regulating the purchase or sale
of secondhand property which was revoked for cause; or
6.
That the applicant, its partners, officers or listed shareholders
have knowingly furnished false or misleading information or withheld
relevant information on any application for a license required by
this section or any investigation into any application.
[Added 3-5-2024 by Ord.
No. 2024-01]
Every license issued under the provisions of this section shall,
at all times during the period for which it is effective, be posted
in a conspicuous place at or near the principal entrance to the premises
for which the license is issued.
[Added 3-5-2024 by Ord.
No. 2024-01]
a.
Any license issued for a secondhand dealer may be revoked or suspended
for a period not to exceed 30 days by the Mayor and Council if they
shall find after hearing:
1.
That the licensee, its officers, agents or employees have violated
any of the provisions of this section, the laws of this State, or
Borough Ordinances in the operation of the business; or
2.
That the licensee, its partners, officers or shareholders have been
convicted of any offense set forth in this section; or
3.
That the licensee, partners, officers or shareholders have knowingly
furnished false or misleading information or withheld relevant information
on any application for a license required by this chapter or any investigation
into any application. The licensee shall be responsible for the acts
of its agents, servants and employees in the operation of the business.
Prior to holding a hearing concerning the question of whether a license
shall be revoked or suspended, the Mayor shall give at least 10 days
written notice to the licensee setting forth the alleged violation.
The licensee may present evidence and cross-examine witnesses at such
hearing.
[Added 3-5-2024 by Ord.
No. 2024-01]
In addition to being subject to penalty as hereinafter set forth,
any person who obtains a license as herein provided by furnishing
the Borough with a false or misleading application shall, upon the
discovery thereof, suffer an immediate revocation of such license
and forfeiture of all fees paid.
[Added 3-5-2024 by Ord.
No. 2024-01]
No license issued under this Chapter may be transferred to any
other person, partnership, corporation or association.
[Added 3-5-2024 by Ord.
No. 2024-01]
No licensee shall carry on any business required to be licensed
under this section except at the location designated on the license.
Should the licensee wish to change the location, application shall
be made to the Borough Clerk for such change in writing.
[Added 3-5-2024 by Ord.
No. 2024-01]
a.
Hours of operation. No licensee shall purchase any goods, wares,
articles or things, whatsoever, or lend any money to any person between
the hours of 11:00 p.m. (2300) and 7:00 a.m. (0700) the next day.
b.
Prohibited purchases. No licensee shall purchase or accept any goods,
wares, articles, or things under any of the following circumstances:
1.
Where the seller is less than the age of 18;
2.
A pawnbroker may not accept a pledge from any person who is under
the age of 16;
3.
Where the seller is intoxicated ("intoxicated" means a person whose
mental or physical functioning is substantially impaired as a result
of the use of alcohol or drugs);
4.
Where the seller fails to present a valid New Jersey driver's
license or at least two forms of identification of which at least
one contains the seller's full legal name, date of birth, a photograph
or full physical description, and an identification number; and
5.
Where the article to be purchased had an original manufacturer's
serial number at the time it was new but no longer legibly exhibits
said number.
[Added 3-5-2024 by Ord.
No. 2024-01]
No licensee shall deal in, buy or sell, or display in his shop
any pistol, revolver, Derringer, Bowie knife, dirk or other deadly
weapon of like character, capable of being secreted upon the person,
unless such licensee shall also possess valid and current licenses
or permits as required by applicable federal, state, or local laws,
ordinances, rules or regulations.
[Added 3-5-2024 by Ord.
No. 2024-01]
a.
Each pawnbroker or secondhand dealer within the Borough shall, upon
the purchase of any precious metals, or secondhand goods from the
public, be required to do as follows:
1.
Operate and maintain a computer system with internet access and photographic
or video capability sufficient for the electronic reporting requirements
of this section. Any failure or malfunction of such equipment on the
part of the licensee shall not exempt the licensee from the below
reporting requirements. The licensee shall immediately notify the
police department of any such failure or malfunction and shall have
such resolved as soon as practicable. Failure by the licensee to resolve
any failure or malfunction of equipment in a reasonable amount of
time will lead to license revocation.
2.
Record on a numbered receipt the name, address and telephone number
of the purchaser; the name, address and telephone number of the seller
or sellers; the time and date of the transaction; the net weight in
terms of pounds Troy, pennyweight (Troy) or kilograms/grams of the
precious metals; and fineness in terms of karats for gold, and sterling
or coin for silver, in accordance with N.J.S.A. 51:5-1 et seq. and
N.J.S.A. 51:6-1 et seq. This information is to be documented through
use of an electronic database software system as designated by the
Chief of Police. These records shall be subject to the inspection
of any authorized police officer of the Borough.
3.
Through the use of applicably required computer equipment, and using
the electronic format approved by the Chief of Police, enter all transactions
into the electronic database within 48 hours from the date of purchase.
The information contained in paragraph a2 above, plus the following:
(a)
A physical description of the seller.
(b)
The receipt number.
(c)
A full description of the item or items purchased, including
but not limited to marks, numbers, dates, sizes, shapes, initials
and monograms.
(d)
The price paid for the item.
(e)
The form must be signed by the seller and initialed by the Clerk
who made the transaction.
4.
Precious metals are to be made available for inspection by the Chief
of Police of the Borough or his designated representative for a period
of 10 days from the date the information required above is received
by the Chief of Police or his designated representative, on the approved
form. The precious metals shall remain in the same condition as when
purchased and shall not be changed, modified, melted or disposed of
by the purchaser until the ten-day period has expired. During this
ten-day period, the precious metals shall be placed in public view
at the purchaser's place of business. If the property is such
that it would create a hardship on the pawnbroker by holding the precious
metals for such period, the pawnbroker may present the property to
the Chief of Police or his representative in order that it may be
photographed and, if deemed necessary by the Chief of Police or his
designated representative, an investigation be implemented. The Chief
of Police or his designated representative has the authority to grant
the pawnbroker a waiver of the requirement under this section.
b.
In addition to the information required to be reported above, each
pawnbroker or secondhand dealer doing business in the Borough shall
obtain a photographic image of a photo ID card of the seller, sufficiently
clear to allow the information on the ID to be read. The photo ID
must be currently valid (not expired) card issued by a government
entity of the United States, and must include the pawn/seller's
first and last name, current address, date of birth and physical descriptors.
In the event the card is valid but does not contain the seller's
current address, the licensee must separately record and report the
current address.
c.
Any property exchanged in a transaction shall be digitally photographed
and reported as required by the Chief of Police, unless such property
bears a valid and unique serial number that is permanently inscribed
on the property. It is unlawful to do business with persons failing
to supply required information.
d.
It is unlawful to receive or purchase in any manner any goods or
articles or make any advance or loan whatever on the same if the person
or persons pawning, pledging, depositing or selling the same shall
refuse to make known his, her, or their names, to submit to a general
description, or shall refuse to make known the name or names of the
person or persons for whom the same were pawned, pledged, deposited
or sold, or knowingly make any false entry of any matter or thing
required to be made in said book or cause or permit the same to be
made.
e.
Dealer payment to sellers in cash shall be limited to two transactions
during a seven day period for the same seller. The seven day period
will commence on the day of the first transaction and end seven days
after the transaction, i.e. if transaction #1 occurs on Monday the
seven day period ends on Sunday. Furthermore, no cash payments shall
be made to the same sellers who make more than five transactions in
any given 30-day period. Sellers making transactions over the number
of proscribed weekly and monthly periods will be paid by the Dealer
by means of a bank check drawn from the Dealer's business account.
f.
It shall be the requisite duty of every Dealer, and of every person
in the Dealer's employ, to admit to the premises during business
hours any member of the Borough Police Department to examine any database,
book, ledger, or any other record on the premises relating to the
purchase of precious metals from the public, as well as the articles
purchased or received, and to take possession of any article known
by the police officer or official to be missing or to have been stolen,
or where the officer or official has probable cause to believe the
article is missing or stolen.
[Added 3-5-2024 by Ord.
No. 2024-01]
This section shall not apply to purchases made by jewelers or
other pawnbrokers from wholesalers or other suppliers, but shall only
apply to those purchases made from the public or other retail purchases.
The pawnbroker shall keep records of all wholesale purchases for a
period of six months from the date of such purchase, which records
shall be opened to investigation by the Borough Police Department.
[Added 3-5-2024 by Ord.
No. 2024-01]
Every licensee and every person employed by the licensee in
the conduct of business shall admit to any and every part of the premises
designated in the license, during normal business hours, any law enforcement
officer to examine any goods, articles, things, pledges, pawns, or
books or other records on the premises dealing with purchase or sale
of used property and to search for and to take into possession without
compensation to the licensee any article known or for which such officer
has reasonable grounds to believe to have been stolen. Such law enforcement
officer may make any such search or seizure as is provided for in
this section and property so seized shall be receipted for by such
officer, who shall fully describe the seized property and sign the
receipt. Should the officer determine the property not to be stolen,
the officer shall promptly return same to the licensee and obtain
a receipt therefore, as aforesaid. In the case of property obtained
in the case of a domestic theft, the victim shall make restitution
for the amount paid to obtain said property. Other restitution will
be made by way of criminal complaints against the seller of said items.
[Added 3-5-2024 by Ord.
No. 2024-01]
a.
Secondhand watches to be clearly marked. Any person or business entity
engaged in the business of buying or selling watches, or any agent
or servant thereof, who may sell or exchange, or offer for sale or
exchange, expose for sale or exchange, possess with the intent to
sell or exchange, or display with the intent to sell or exchange any
secondhand watch, shall affix and keep affixed to the same a tag with
the words "second-hand" clearly and legibly written or printed thereon,
and the said tag shall be so placed that the words "second-hand" shall
be in plain sight at all times.
b.
Special invoice for secondhand watches. Any person or business entity
engaged in the business of buying or selling watches, or any agent
or servant thereof, who may sell a secondhand watch or in any other
way pass title thereto shall deliver to the vendee a written invoice
bearing the words "secondhand watch" in bold letters, larger than
any of the other written matter upon said invoice, which invoice shall
also set forth the following:
1.
The name and address of the vendor;
2.
The name and address of the vendee;
3.
The date of the sale;
4.
The name of the watch or its makers;
5.
The serial numbers, if any; and
6.
Any other distinguishing numbers or identification marks upon its
case and movement; or, if the serial numbers or other distinguishing
numbers or identification marks shall have been erased, defaced, removed,
altered or covered, the invoice shall so state.
c.
The vendor shall keep on file a duplicate of said invoice for at
least five years from the date of the sale thereof, which shall be
open to inspection during all business hours by the Camden County
Prosecutor or his duly authorized representative.
d.
Advertising second hand watches. Any pawnbroker, secondhand dealer
or other person or business entity or any agent thereof, who may advertise
or display in any manner a second hand watch for sale or exchange
shall state clearly in such advertisement or display that said watch
is a second hand watch.
e.
Violations and penalties. Violation of any provision of this section
shall, upon conviction thereof, be punished by a minimum fine of $100
or a maximum of $1,000, or by imprisonment for a term not exceeding
90 days, or by a period of community service not exceeding 90 days.
Each and every violation shall be considered a separate violation.
Every day that a violation continues shall be a separate violation.
Each violation shall result in an additional 10 day suspension. Any
person who is convicted of violating the provisions of this section
within one year of the date of a previous violation and who was fined
for the previous violation may be sentenced by the Court to an additional
fee as a repeat offender. The additional fine imposed as a repeat
offender shall not be less than the minimum or exceed the maximum
fine provided herein, and same shall be calculated separately from
the fine imposed for the violation of this section. For a third or
subsequent violation under this section, the mercantile license of
said business may be revoked upon notification by Mayor and Council.
[Ord. No. 2015-09]
a.
License required. Any vendor who offers reward programs which includes
the payment of taxes for Point Pleasant Beach taxpayers who shop at
participating Point Pleasant Beach-based businesses shall, before
implementing such a program, obtain a license as provided for in this
section.
b.
Administration. The program shall be administered solely by the vendor
who shall undertake to register interested taxpayers and Point Pleasant
Beach-based businesses.
c.
Fee; required information. The vendor shall pay to the Borough a
license fee in the amount of $25 yearly and shall submit to the Borough
Business Administrator all information necessary as may be reasonably
required in order to determine the truth or validity of the statements
contained in the application.
d.
Conditions. The Borough shall establish the necessary reporting requirement
for any payment of taxes made to the Borough by the vendor. The Borough
shall not be responsible for any impact of program participation on
mortgage escrow calculations. The Borough shall not be responsible
for any changes in property ownership.
[Added 5-5-2020 by Ord. No. 2020-08]
In view of the public health concerns associated with the use of Kratom (mitragyna speciose korth) by minors, the sale of Kratom or any product containing Kratom to minors within the Borough of Point Pleasant Beach is hereby prohibited. Violation of this section shall be subject to the penalties set forth in Subsection 5-8.6.
[1]
Editor's Note: Former § 5-26, Kratom Sales Prohibited,
added 12-3-2019 by Ord. No. 2019-15, was voided by the court in March
2020.
