[Ord. #221, 8-28-50; Ord. No. 93-22, 4-26-93; Ord. #2009-1, 2-9-09]
As used in this section:
LIMOUSINE
Shall mean and includes any automobiles or motor car used
in the business of carrying passengers for hire to provide prearranged
passenger transportation at a premium fare on a dedicated, nonscheduled,
charter basis that is not conducted on a regular route and with a
seating capacity in no event of more than fourteen (14) passengers,
not including the driver, provided, that such a vehicle shall not
have a seating capacity in excess of four (4) passengers, not including
the driver, beyond the maximum passenger seating capacity of the vehicle,
not including the driver, at the time of manufacture. Nothing in this
section contained shall be construed to include taxicabs, hotel buses,
buses employed solely in transporting school children or teaches,
vehicles owned and operated directly or indirectly by businesses engaged
in the practice of mortuary science when those vehicles are used exclusively
for providing transportation related to the provision of funeral services.
AUTOCAB
Shall mean any automobile or motor car, commonly called taxi,
engaged in the business of carrying passengers for hire which is held
out, announced or advertised to operate or run or which is operated
or run over any of the streets or public highways of this State, and
particularly accepts and discharges such persons as may offer themselves
for transportation from points or places to points or places within
or without the State.
[Ord. #221, § 2, 8-28-50; Ord.
No. 93-22, § 2, 4-26-93]
No person shall operate any taxicab within the Township unless
both the taxicab and driver are licensed pursuant to the terms of
this section and conform to all the provisions hereof.
If a limousine business or service has its principal place of
business located within the Township of Cherry Hill, then all limousines
owned or used by that business or service and the drivers thereof
shall be licensed pursuant to this section in the same manner, and
with the same requirements, as applicable to taxicabs.
[Ord. #221, §§ 3, 8, 8-28-50; Ord. #73-15,
4-23-73; Ord. #90-5, § 2, 2-12-90; Ord. #91-68, § 2,
10-28-91; Ord. # 93-22, § 3, 4-26-93; Ord. # 99-27, § 1;
Ord. #2009-1, 2-9-09]
a. Taxicab License. Every application for a taxicab license shall be
made to the Township Clerk and shall set for the full name and address
of the owner, lessee or bailee of the taxicab to be licensed, the
make and mode of the taxicab, the length of time it has been in use,
the number of persons the vehicle is suitable for carrying, the vehicle
identification number and license registration number, and the present
value of the vehicle and the place where it may be inspected. Each
application shall be accompanied by an annual license fee of three
hundred ($300.00) dollars for each taxicab to be licensed.
b. Taxicab Driver's License. Every application for a taxicab driver's
license shall be made to the Township Clerk and shall set forth the
full name and address of the applicant, his or her age, whether or
not he or she is a citizen of the United States and whether or not
he or she has been convicted of a crime, the place of conviction,
the date thereof and the punishment therefor. The applicant shall
also furnish satisfactory evidence that he or she has received a driver's
license from the Motor Vehicle Commission of the State of New Jersey.
No taxicab driver's license shall be issued to any person who
shall be under nineteen (19) years of age. A nonrefundable fee of
one hundred twenty-five ($125.00) dollars shall accompany each application
for a taxicab driver's license.
c. Limousine License. Each application for a limousine license shall
be accompanied by an annual license fee of fifty ($50.00) dollars
for each limousine.
d. Limousine Driver's License. An annual fee of fifty ($50.00)
dollars shall accompany each application for a limousine driver's
license.
e. Verification. Every application for a taxicab license or a taxicab
driver's license shall be verified by the oath or affirmation
of the applicant. If an individual, firm, or corporation, application
shall be verified by the oath or affirmation of an officer thereof.
f. Late Fee. For any license issued pursuant to the terms of this section
whose renewal application has not been received on or before December
31st, a late fee shall be charged of one hundred ($100.00) dollars
for each license. There shall be no proration of these fees.
g. Contingency. No application shall be issued without approval of the
Chief of Police or his or her designee. No license shall be issued
unless all municipal taxes, liens, and fees have been paid.
[Ord. #221, § 4, 8-28-50]
No taxicab license or taxicab driver's license shall be
issued to the following:
a. An individual who is not a citizen of the United States or who has
been convicted of a crime involving moral turpitude.
b. A firm unless all the members thereof are citizens of the United
States and none of whom has been convicted of a crime involving moral
turpitude.
c. A corporation unless each of the officers, directors and stockholders
thereof is a citizen of the United States and none of whom has been
convicted of a crime involving moral turpitude.
[Ord. #221, § 5, 8-28-50; Ord. #73-15, § 4,
4-23-73]
No taxicab license shall be issued until the applicant has filed
with the Township Clerk an insurance policy, of a company duly licensed
to transact business under insurance laws of this State, in the sum
of one hundred thousand ($100,000.00) dollars, insuring against loss
by reason of the liability imposed by law upon the owner or driver
of the taxicab for damages on account of bodily injury or death suffered
by any person as the result of or by reason of the ownership, maintenance
or use of any taxicab within the Township, and in the sum of not less
than three hundred thousand ($300,000.00) dollars insuring against
such loss or damage suffered by more than one (1) person as the result
of such ownership, maintenance or use. The insurance policy shall
also provide for property damage insurance in the sum of not less
than fifty thousand ($50,000.00) dollars for damage arising out of
each ownership, maintenance or use. Any license issued for any such
operation of the taxicab thereunder shall be permitted only so long
as the insurance policy shall remain in force to the full and collectible
amounts aforesaid.
[Ord. #221, § 6, 8-28-50]
No taxicab license shall be issued until the applicant has delivered to the Township Clerk concurrently with the filing of the insurance policy referred to in subsection
6-1.5, a power of attorney executed by the applicant. The applicant shall appoint the Township Treasurer his true and lawful attorney for the purpose of acknowledging service of any process out of a Court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed, and any license for a taxicab issued upon any such application shall continue effective, and the operation of any taxicab thereunder shall be permitted only so long as the power of attorney shall remain in effect and unrevoked.
[Ord. #221, §§ 7, 9, 8-28-50; Ord. #2009-1,
2-9-09]
a. Taxicab.
1. If the application for a taxicab license is granted, there shall
be issued to the applicant a license card in evidence thereof, setting
forth the name and address of the licensee, the number of the license,
the make and model of the taxicab licensed, together with the motor
number and vehicle identification number of the vehicle and the maximum
number of passengers to be carried at any one time.
2. The license card shall be signed by the Township Clerk and shall
at all times be prominently displayed and adequately protected in
the interior of any taxicab so licensed so that it shall be, at all
times, in full view and plainly legible to any passenger seated on
the rear seat of the taxicab.
b. Taxicab Driver.
1. If the application for a taxicab driver's license is granted,
there shall be issued to the applicant a photo license identification
card in evidence thereof, setting forth the number of the license,
the name and address of the licensee, and his age.
2. The license card shall be signed by the Township Clerk and shall,
at all times, be permanently displayed and adequately protected in
the interior of any taxicab operated by the licensee so that it shall
be, at all times, in full view of and plainly legible to any passenger
seated on the rear seat of the taxicab.
[Ord. #221, § 11, 8-28-50; Ord. #98-21, § 2,
7-13-98; Ord. #99-27, § 1; Ord. #2009-1, 2-9-09]
a. Every license issued pursuant to the terms of this section shall
expire at midnight on December 31 of the year in which it is issued,
unless sooner surrendered or, suspended, or revoked; provided, however,
that if an application for a renewal has been filed on or before December
31 the taxicab may be operated and the driver may operate a taxicab
pending the issuance of a new license, until January 15.
b. No license fee payable under this section shall be prorated nor shall
any part thereof be refunded for any reason unless a license shall
be refused.
c. Late Fee. For any license issued pursuant to the terms of this section
whose renewal application has not been received on or before December
31st, a late fee shall be charged of one hundred ($100.00) dollars
for each license.
[Ord. #221, § 14, 8-28-50]
a. The Township Council after notice and hearing may revoke or suspend
any license issued pursuant to this section if the licensee has been
once convicted of a crime in this or any other jurisdiction or has
been convicted of being a disorderly person or of a violation of Title
39, "Motor Vehicles and Traffic Regulations," of N.J.S.A. or who violates
any provision of this section or has any judgment unsatisfied against
him arising out of an automobile accident or who has made false answers
in his application for a license or any renewal thereof, or who has
failed to render reasonably, prompt, safe, proper and adequate taxicab
service or who has not complied fully with all the requirements of
this section with respect to the license.
b. Any taxicab driver's license may be revoked or suspended by
the Township Council after notice and hearing if the licensee has
in any degree contributed to any injury to person or damage to property
arising out of the negligent operation of a motor vehicle, or if the
taxicab driver shall have any infectious communicable or contagious
disease.
c. Any taxicab license may be revoked or suspended by the Township Council after notice and hearing if the taxicab licensed is dangerous to the safety or health of the occupants or others, by reason of unsafe or unsanitary conditions, or if the insurance policy required by subsection
6-1.5 has lapsed, or if the insurance coverage is not maintained at all times, or if the licensed taxicab shall be used for any improper, immoral or illegal business purpose.
[Ord. #221, § 12, 8-28-50]
Every taxicab licensed shall have been painted on both sides
the words "Taxi" or "Cab" in letters at least three (3") inches high
or the name of the operating owner containing the words "Taxi" or
"Cab" or "Taxicab".
[Ord. #221, § 13, 8-28-50]
Every application for a taxicab license shall in addition to
all of the other requirements contained in this section, contain a
statement as to the hours when the taxicab will be in operation for
public use, and the failure of any licensee to provide taxi service
to the general public during the hours named in the application shall
be sufficient cause for revocation of any license.
There shall also be displayed in the interior of the taxicab
a statement or schedule of the charges for the use thereof.
[Ord. #221, § 15, 8-28-50]
The Township Council is hereby authorized and empowered to establish
by ordinance, public taxicab stands in the streets and public places
of the Township which they determine to be for the best interest and
convenience of the public, and shall cause the same to be clearly
and distinctly marked by proper signs setting forth the exact location
and boundaries of the public taxicab stands and the number of taxicabs
which are permitted to occupy the same at any one time. When such
public taxicab stands are so established and designated, no vehicles
other than a taxicab duly licensed and authorized to occupy the stands
shall drive unto and stop or stand thereto.
[Ord. #2009-1, 2-9-09; Ord. #2013-26, 11-25-13]
The purpose of this section is to prevent fraud, crimes, undue
public inconvenience or annoyance and unethical and/or dishonest canvassing,
distributing, peddling or merchandising practice within Cherry Hill
Township. All application fees to be charged for the issuance of permits
are not to be considered as revenue, but are charges for the purpose
of covering the expenses of administering this section.
[Ord. #264, 11-28-60; Ord. #2009-1, 2-9-09; Ord. #2013-26,
11-25-13]
No person, except as provided for in this section, shall canvass,
solicit, distribute or peddle merchandise, printed material or material
of an electronic nature from house to house in the Township of Cherry
Hill without first having received a written permit from the Chief
of Police or his or her designee.
[Ord. #264, 11-28-60; Ord. #2009-1, 2-9-09; Ord. #2013-26,
11-25-13]
a. The applicant shall make a written application providing his or her
full name, address, date of birth, social security number, height,
and weight. The applicant will disclose whether he or she has ever
been arrested for, convicted of, a crime or disorderly persons offense.
The applicant will also provide the name, address, and telephone number
of his or her employer along with a description of the project for
which he or she is canvassing, soliciting, distributing, or peddling.
Written proof/documentation of any of the above information shall
be provided by the applicant.
b. The applicant shall be fingerprinted and photographed at the headquarters
of the Township of Cherry Hill Police Department. Applicants shall
only be photographed and fingerprinted on the 2nd and 4th Tuesday
of each month. A copy of the fingerprints and photograph shall be
affixed to the permit and become a permanent part of it.
[Ord. #2009-1, 2-9-09; Ord. #2013-26, 11-25-13]
a. Each application shall be accompanied by an application fee of ninety
($90.00) dollars for each individual applicant to cover the expenses
of administering this section. There shall be no group rate regardless
of the number of applicants any individual company intends to employ
within Cherry Hill Township.
b. Each permit holder must pay a fee of forty-five ($45.00) dollars
to replace any lost, stolen or damaged permit.
[Ord. #264, 11-28-60; Ord. #2009-1, 2-9-09; Ord. #2013-26,
11-25-13]
The Chief of Police or his/her designee shall authorize permits
to canvass, solicit, distribute, peddle or merchandise upon the applicant's
compliance of the terms hereof and the completion of a background
check, the results of which are favorable to the applicant. The Chief
of Police or his or her designees shall reserve the right to deny
the issuance of a permit to an individual based on the results of
the applicant's background check. The permits shall bear an expiration
date which shall be one (1) year from the date of issuance. The Chief
of Police or his/her designee shall refuse to grant permits in all
cases where the application or further investigation to be made at
the discretion of the Chief of Police or his/her designee shows that
applicant is not of good character, or that information is learned
or discovered that the applicant is canvassing, soliciting, distributing,
peddling or merchandising in fraudulent, dishonest or unethical practices.
[Ord. #264, 11-28-60; Ord. #2009-1, 2-9-09; Ord. #2013-26,
11-25-13]
a. No person shall canvass, solicit, distribute, peddle or merchandise
any item from house to house in the Township of Cherry Hill, except
between the hours of 10:00 a.m. and 5:00 p.m., Monday through Saturday.
No person will engage in any of the above activities on Sunday at
any time.
b. Every person issued a permit shall exhibit his or her permit in a
conspicuous manner. Upon request by a Township of Cherry Hill official,
Police Officer or Township of Cherry Hill resident, every person issued
a permit is required to make their permit available for an on-site
review.
c. Every person issued a permit shall be courteous to all persons during
the course of canvassing, soliciting, distributing, peddling or merchandising,
and shall not annoy or inconvenience or importune any of the residents
of the Township of Cherry Hill. He or she will conduct themselves
in a lawful manner at all times while participating in the above listed
activities.
d. The fingerprints and photograph affixed to the permit shall not be
removed, altered, obliterated, defaced or duplicated in any way.
e. Every person issued a permit shall notify the Cherry Hill Police
Communications Room at (856) 665-1200 if they intend to engage in
canvassing, soliciting, distributing, peddling or merchandising and
provide the dates and times they intend to do so. Every person issued
a permit will provide their name, company name and telephone number
and permit number. On occasions where six (6) or more employees will
be participating in any of the above-listed activities on any one
particular day, a single company representative may notify Police
Communications, but must provide the necessary information for him/herself
and every other permitted person engaging in the activities listed
above.
[Ord. #264, § 5, 11-28-60; Ord. #280, § 1,
5-8-61; Ord. #2009-1, 2-9-09; Ord. #2013-26, 11-25-13]
a. This section shall not affect any person engaged in the delivery
of goods, wares, or merchandise or other articles or things in the
regular course of business to the premises or persons ordering or
entitled to receive the same.
b. This section shall not affect any person:
1. Who is acting on behalf of a bona fide religious, educational, charitable,
fraternal, political or service organization or who is a Township
resident under the age of eighteen (18) years;
2. Who has reported to the Cherry Hill Police Communications Room prior to any canvassing, soliciting or distributing circulars or other matter, from house to house, and has supplied the information required under paragraph a of subsection
6-2.2 together with the name of the organization for which he is acting.
[Ord. #76-57, § 1, 11-8-76]
Within the Township of Cherry Hill, no person shall sell seasonal
goods, such as Christmas trees, Easter flowers, vegetables, fruits
and the like as a temporary use, on premises not occupied by an established
business selling such goods in the usual course of business, without
having first obtained and validly retaining a permit as hereinafter
provided.
[Ord. #99-56, § 1, 10-11-99]
Application for a permit shall be made to the Township Clerk
on Township forms and shall include the following:
a. The name and address of the applicant;
b. The location, including street address, block and lot, and the size
of the site;
c. The type of sales requested;
d. Applicant must supply the length of time (dates) requested;
e. If applicant is not the property owner, written permission from the
property owner, to use the site for stated purpose;
f. A sketch of the property to be used, showing both ingress and egress,
as well as, any structure/facility to be located on the site;
g. A nonrefundable application fee of two hundred ($200.00) dollars;
h. An escrow fee of three hundred ($300.00) dollars, to insure that
the property will be cleaned after sales are completed. The escrow
fee will be returned to the permit holder upon certification, by the
Property Maintenance Inspector, that the property has been adequately
cleaned. If the property has not been adequately cleaned, the escrow
will be used to clean the site.
[Ord. #99-56, § 1, 10-11-99]
a. Review. Each application shall be reviewed by the Police Department,
the Construction Code Official's Office and The Department of
Community Development, to insure that the general health, safety and
welfare regarding the proposed use does not adversely impact the community.
b. Conditions of Approval. No application shall be given final approval
without confirmation, from Township Officials, of the following:
1. All municipal taxes, liens and fees have been paid; and
2. No violations of any Township Ordinances are outstanding. This shall
include, but not limited to, Construction Code/BOCA Code Violations,
Zoning Violations, and Property Maintenance Violations.
c. Approval. Upon review, by the officials and departments noted above,
the Director of Community Development, or his/her designee shall have
the authority to approve said application and forward the application
to the Township Clerk for a Temporary Use License.
[Ord. #99-56, § 1, 10-11-99]
Upon approval of said application, applicant shall pay a non-refundable
license fee of fifty ($50.00) dollars, per day of use. The license
fees shall not be pro-rated.
[Ord. #99-56, § 1, 10-11-99]
Nonprofit organizations are exempt from payment of the application
fee and license fee.
[Ord. #99-56, § 1, 10-11-99]
a. No permit shall be transferable as to person or place or valid for
a date not specifically set forth therein.
b. An applicant whose application is denied or revoked may appeal the
action of the Township Clerk to the Cherry Hill Township Director
of Operations by filing written notice of such application with the
Township Clerk. The Director of Operations shall be controlled by
the provisions hereof.
[Ord. #76-57, § 4, 11-8-76; Ord. #76-60, § 1,
12-13-76]
The Township Clerk and the permit holder shall be governed by
the following rules and regulations together with any other pertinent
provisions of any other ordinances or statutes.
a. Zoning. The zoning of the site to be used must provide for such use
within that zone except where the applicant is a church or other nonprofit
organization, or is the owner of the site.
b. Capacity. The capacity of the function site for the particular sale
shall be determined by the appropriate Township personnel from a structural,
fire and general safety standpoint.
c. Entrance and Exit. Adequate precautions and arrangements shall be
made for the orderly entrance and exit of patrons and for their safety.
[Ord. #76-57, § 5, 11-8-76]
Any person violating the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter
1, Section
1-5. Each day that any violation continues shall be considered a new and separate violation of this ordinance.
[Ord. #99-52, § 1, 8-25-99]
a. Public Amusements -- Public amusements covered by this section shall
include but are not limited to:
1. Theatrical performances, art shows, antique shows, concerts, plays,
shows, exhibitions, speeches and lectures;
2. Circuses, carnivals, fairs;
5. Closed circuit television programs and exhibitions of motion pictures;
7. Arcades and karaoke clubs;
b. CLUBS -- Clubs shall include any commercial establishment which promotes,
operates, conducts or encourages any gathering of five (5) or more
persons for the purpose of public amusement, diversion, dancing, or
exercise and are not licensed by the Alcohol Beverage Control (ABC)
Commission of the State of New Jersey. A club, pursuant to the above
definition, is a public amusement.
c. PERIODIC FUNCTION OR SPECIAL EVENT -- Any club or public amusement
establishment or organization which conducts or operates a club or
public amusement for any single event or series of functions/events
which do not exceed three (3) consecutive days.
d. REGULAR FUNCTION -- Any club or public amusement establishment or
organization which conducts or operates a club or public amusement
at least three (3) days within a seven (7) day period or a series
of functions/events which occur at regularly scheduled intervals,
but are not the primary purpose of operation at a permanent place
of business.
e. BUSINESS FUNCTION -- Any club or public amusement establishment or
organization whose primary purpose is to operate or conduct a club
or public amusement at a permanent place of business may apply for
a license not to exceed three (3) months.
f. SPECIAL BUSINESS FUNCTION -- Those clubs and public amusement establishments
or organizations who hold special events in addition to their regularly
scheduled business function shall be required to make a separate application
for the event and pay an additional fee.
[Ord. #99-52, § 1, 8-25-99]
Within the Township of Cherry Hill, no person shall promote,
operate, conduct or carry on any club or place of public amusement,
diversion or exercise at which an admission, cover charge or charge
for the use of facilities is made, without having first obtained and
validly retaining a license as herein provided. No license shall be
granted without Township officials approval.
[Ord. #99-52, § 1, 8-25-99]
Application for a license shall be made to the Township Clerk
by the person which will receive the major portion of either the gross
or net proceeds of the function and shall contain the following information:
a. The name, address and telephone number of the applicant;
b. The name, address and telephone number of the owner of the site of
the function;
c. The location/address of the function and the capacity of the function
site;
d. The nature of the function;
e. A description of the safety and security arrangements for the orderly
entrance and exit of patrons and for their safety during the function
including policing arrangements for interior and exterior of the function
site;
f. Proof of adequate liability insurance coverage and workmen's
compensation coverage;
g. Such other information as the license issuing agent may reasonably
require;
h. A copy, certified under penalty of perjury to be true, of any contract
or agreement between the applicant and, any other person designated
to receive any part of the proceeds of the function.
[Ord. #99-52, § 1, 8-25-99]
a. The application shall be reviewed by the Department of Community
Development, the Tax Collector, the Chief of Police, and/or other
applicable Township Officials.
b. No license shall be granted to an individual or establishment who
is not current with property taxes or other municipal fees or liens.
c. The Chief of Police or his/her designee may establish security/policing
requirements.
[Ord. #99-52, § 1, 8-25-99]
a. Each application shall be accompanied by a nonrefundable application
fee of fifty ($50.00) dollars together with additional fees in accordance
with the following schedule, which fees shall be refunded if the license
is denied:
b. Fee Schedule:
Capacity
|
Application
|
Fee
|
---|
1 - 150
|
Periodic function/special event
|
$75.00/function
|
|
Regular function
|
$225.00/function
|
|
Business function
|
$1,000.00/3 months
|
151-500
|
Periodic/special event
|
$100.00/function
|
|
Regular function
|
$300.00/function
|
|
Business function
|
$1,500.00/3 months
|
Over 500
|
Periodic function/special event
|
$200.00/function
|
|
Regular function
|
$600.00/function
|
|
Business function
|
$2,500.00/3 months
|
|
Special business functions
|
$100.00/function
|
c. Licenses shall be valid only for the time and/or events specified
on the approved application.
d. Out of doors function. Each application for a function to be held
out of doors shall be accompanied by a cash deposit of one thousand
($1,000.00) dollars. The deposit shall be returned to the applicant
when the lots/site used for the function have been completely cleaned
of litter and debris. If the lots are not completely cleaned within
twenty-four (24) hours of the close of the function, the Township
shall clean or contract to clean the site/lots, charging the cost
against the deposit. The balance, if any, shall be refunded. If the
cleaning cost exceeds the deposit, a municipal lien shall be placed
against the property where the function was held.
e. In addition to the nonrefundable application fee set forth above,
the New Jersey State Fair, the James E. Strates Show, or any show
or attraction of like kind, shall be charged an annual license fee
of one thousand ($1,000.00) dollars regardless of when the activity
is held, and the license shall be valid until December 31 of the year
of issuance. This fee is hereby expressly declared to be imposed for
revenue and regulation.
The New Jersey State Fair, the Strates Show, or any show or
attraction of like kind, shall be entitled to hire Township Police
Officers for purposes of "secondary employment" for security at the
Fair or Show, for which it shall be required to pay the entire cost
of the officer's salary plus the Township's share of any
applicable taxes or benefits paid in connection therewith for all
officers working at the Fair or Show (overtime rate), and for all
officers handling the administration of the schedule preparation and
coordination and billing of services (regular rate) and for rental
of any equipment as follows:
Deposit of fifty (50%) percent of the amount paid to the Township
for these services in the prior year shall be made five (5) working
days prior to the opening of the Garden State Fair, the Strates Show
or any show or attraction of like kind, and on the fourth day of the
Fair or Show the balance due for all services and equipment accrued
up to then and projected for the balance of the Fair or Show by the
Chief of Police shall be paid. If any additional monies are due to
the Township, they shall be paid within five (5) days after close
of the Fair or Show or if there are any refunds due, the Township
shall immediately process same. If payments are not made as set forth
herein, the Township may immediately revoke the license for operation
of the Fair or Show.
The aforementioned application and license fee shall be paid
and the contract for police services shall be signed prior to the
issuance of a license.
[Ord. #99-52, § 1, 8-25-99]
a. Past Experience. If previous experience in this community or adjacent
or other communities, indicate that the functions sought to be licensed
will result in rowdiness, lewd behavior, endangering a minor, litter,
vandalism, riots, public nuisance, disorderly conduct or related problem(s)
affecting the public health, welfare and safety, the application shall
be denied.
b. Denial. In addition to the foregoing, denial of the application may
be based on zoning violations; noncompliance with this section or
other Township ordinances, or denial by the appropriate Department
Heads.
c. Revocation. Any license may be revoked by the Township Clerk for
failure to maintain order and decorum, for conducting a licensed function
in such a manner as to create a public nuisance or hazard to the general
public, or for failure to comply with State, County, or Township laws,
regulations or ordinances.
d. No license shall be granted to an individual or establishment who
is not current with property taxes or other municipal fees or liens.
[Ord. #99-52, § 1, 8-25-99]
No license shall be transferable as to person, place, or event
and is only valid for the date(s) approved.
[Ord. #99-52, § 1, 8-25-99]
The Township Clerk and the license holder shall be governed
by the following statutes, rules, and regulations:
a. Capacity. The capacity of the function site for the particular function
shall be determined by the appropriate Township personnel from a structural,
fire, and general safety standpoint. No license shall be issued for
a greater capacity than has been determined. No capacity shall be
permitted greater than that for which a license was issued.
b. Entrance and Exit. Adequate precautions and arrangements shall be
made for the orderly entrance and exit of patrons and for their safety
during the function.
c. Insurance. Proof shall be furnished the Township of liability insurance
coverage of at least five million ($5,000,000) dollars comprehensive
general liability and workmen's compensation coverage.
d. No license shall be issued for a carnival, circus, or similar function
to be held on any parking lot, unless the parking lot is completely
and permanently fenced in. An exception to this provision would be
determination from the Fire Marshal and/or the Chief of Police that
a fence would present problems in the event an emergency would require
the evacuation of the area. If the stipulation for the installation
of the fence is removed, the applicant shall, at his expense, have
fire department, firemen and security at the scene during all performances.
e. Safe Premises. Any establishment, organization, or person who holds
a valid public amusement or club license shall provide safe premises
for their employees, patrons and/or invitees. "Safe premises" includes
but is not limited to safe buildings, auxiliary structures, parking
lots and ingress/egress, from the above.
1. No establishment, organization, or person holding a public amusement
or club license shall alter, obstruct, control, cause disturbance
to or otherwise disrupt the traffic patterns in the areas immediately
surrounding the premises.
2. All establishments shall have adequate security on the premises during
all hours of operation.
3. Every establishment, organization, or person holding a public amusement
or club license shall provide safe passage for pedestrians entering
or leaving their establishment. "Safe passage" is extended to any
roadway in the area surrounding the establishment which patrons must
cross enroute/departure, to/from said establishment.
4. No establishment, organization, or person holding a public amusement
or club license shall create or maintain a condition which endangers
the safety or health of a considerable number of persons.
[Ord. #99-52, § 1, 8-25-99]
Specifically excluded from the requirement to pay the fees provided
for under the terms of this section shall be:
a. Functions conducted by bona fide charitable, religious, educational,
political, service, civic, fire, and fraternal corporations, companies
or associations and nonprofit corporations, where an application is
required to be made by such corporation, company, or association pursuant
to the terms hereof;
b. Any function specifically licensed under any other Township ordinance;
c. Functions conducted by any organization performing governmental functions
as an agency of the Township.
[Ord. #99-52, § 1, 8-25-99]
a. An individual, organization, or establishment that fails to secure a public amusement or club license when required to do so, and/or is in violation of this section and shall be subject to penalties as outlined in Chapter
1, Section
1-5 within and may be subject to closure and/or a cease and desist order. In addition, any other violation(s) of this section "Public Amusements and Club Licenses," are subject to the penalties as outlined in Chapter
1, Section
1-5, within.
b. Each day that any violation continues shall be considered a new and
separate violation of this section.
[Ord. #77-40, § 1, 7-11-77]
Games of chance, as defined in the Bingo Licensing Law (N.J.S.A.
5:8-24 et seq.), in the Raffles Licensing Law (N.J.S.A. 5:8-50 et
seq.), and in Chapter 47 of Title 13 of the New Jersey Administrative
Code, may hereafter be conducted in the Township on Sunday by any
person holding a valid license to do so duly issued by the Township
of Cherry Hill pursuant to and in compliance with the statutes and
Code.
[Ord. #77-40, § 4, 7-11-77]
A certified copy of this section shall be filed with the Legalized
Games of Chance Control Commission.
[Ord. #82-27, § 1, 5-24-82]
a. The purpose of this section is to license, regulate and control those
automatic amusement devices which are operated for the purpose of
making a profit.
b. The objective of this section is to regulate the business of amusement
devices so as to prevent nuisances to patrons and the public, fire
hazards from overcrowding, poor ingress and egress of premises where
amusement devices are located, the promotion of gambling, loitering,
or the creation of an unhealthy atmosphere for the youth of the community
or other foreseeable undesirable effects of such devices.
[Ord. #82-27, § 2, 5-24-82]
As used in this section:
COIN-OPERATED AMUSEMENT DEVICE
Shall mean any amusement machine or device operated by means
of the insertion of a coin, token, or similar object, for the purpose
of amusement or skill and for the playing of which a fee is charged.
The term does not include vending machines in which there are not
incorporated gaming or amusement features, nor does the term include
any coin-operated mechanical musical devices.
PROPRIETOR
Shall mean any person who, as the owner, lessee, or proprietor
has under his or its control any establishment, place or premises
in or at which such device is placed or kept for use or play, or on
exhibition for the purpose of use or play.
[Ord. #82-27, § 3, 5-24-82]
No person shall engage in the business of a proprietor of coin-operated
amusement devices without first having obtained the proper license.
[Ord. #82-27, § 5, 5-24-82]
Application for a license shall be filed in writing with the
Township Clerk on a form to be provided by the Township, and shall
specify:
a. The name and address of the applicant, and if a firm, corporation,
partnership or association, the principal officers thereof and their
addresses;
b. The address of the premises where the licensed devices are to be
operated, together with the character and trade name of the business
as carried on at such place;
c. Type and number of devices to be licensed;
d. The name and address of the owner of the device, if other than the
proprietor.
The proper license fee shall accompany such application.
|
[Ord. #82-27, § 4, 5-24-82; Ord. #91-69, 10-28-91;
Ord. #99-25, § 1, 2-22-99; Ord. No. 2009-1, 2-9-09]
The license fee for each proprietor as herein defined shall
be one hundred fifty ($150.00) dollars per year per device used or
played or exhibited for use or play at any single location. All proprietors'
license fees shall be payable annually in advance. In no case shall
any portion of the license fee be refunded. Replacement of any coin
operated amusement device during the course of a license year shall
not result in an additional fee.
[Ord. #82-27, § 6, 5-24-82]
The application for a license shall first be referred by the
Township Clerk to the Governing Body who shall make or cause to be
made such investigation as they deem necessary. If the application
is approved by the Governing Body, the license shall be issued by
the Clerk, and the Clerk shall remit the fee to the Township Treasurer.
If the license is denied, the fee shall be returned to the applicant.
[Ord. #82-27, § 7, 5-24-82]
An application shall be denied if previous experience in this
or adjacent communities indicates that the issuance of a license would
result in rowdyism, litter, vandalism, riots, a public nuisance or
related problems affecting the public health, welfare and safety.
[Ord. #82-77, § 5, 5-24-82; Ord. #99-25, § 1,
2-22-99; Ord. #2009-1, 2-9-09]
a. All licenses under this section shall be issued for one (1) year:
January 1st and shall expire on December 31st. There will be no proration
of fees. Any proprietor failing to renew a license or licenses, under
this section, by January 31st shall be charged an additional one hundred
($100.00) dollars for each machine.
b. The license shall be posted in a conspicuous place in the establishment
of the licensee.
c. The license shall be non-assignable and nontransferable, and in the
case of a proprietor shall apply only to the premises for which the
license is issued.
d. A condition for approval for the license is that all municipal taxes,
liens and fee have been paid.
[Ord. #82-27, § 8, 5-24-82]
The Governing Body shall have the right to revoke any license
issued for failure to maintain order and decorum, or conducting a
licensed function in such a manner as to create a public nuisance
or hazard to the general public, or for failure to comply with this
section or other applicable Township ordinances and regulations.
[Ord. #82-27, § 6, 5-24-82]
In case a proprietor licensed under the provisions of this section
desires, after the expiration of any portion of any license year,
to increase the number of devices to be used or played, or exhibited
for use or play in his establishment, he shall surrender his license
to the Township Clerk who shall issue a new license showing the number
of devices licensed thereunder, upon payment of the proper license
fee.
[Ord. #82-27, § 5, 5-24-82]
The proprietor shall be responsible for refunds of monies deposited
in malfunctioning machines. All malfunctioning equipment shall be
disconnected with the coin slot taped.
[Ord. #82-27, § 9, 5-24-82]
Any person eighteen (18) years or older who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter
1, Section
1-5. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as hereunder.
[Ord. #2005-17, 9-26-05; Ord. #2008-08, 7-14-08]
TRANSIENT MERCHANTS
As used in this section, means persons, corporations or partnerships,
whether principal or agent, who engage in a merchandising business,
whether principal or agent, who engage in a merchandising business
within New Jersey with intent to close out or discontinue such business
within one (1) year from the date of commencement, including those
who for the purpose of carrying on such business, hire, lease or occupy
any building, structure or railroad car for the exhibition and sale
of such goods, wares and merchandise, but nothing in this section
shall be construed to affect the sale of fruits, vegetables, farm
products, such as meat, poultry, butter, and eggs.
[Ord. #2005-17, 9-26-05; Ord. #2008-08, 7-14-08]
Within the Township of Cherry Hill no transient merchant shall
sell any merchandise on premises not occupied by an established business
without having first obtained and validly retaining a permit as hereinafter
provided.
[Ord. #2005-17, 9-26-05; Ord. #2008-8, 7-14-08]
Application for a permit shall be made to the Township Clerk
on Township forms and shall include the following:
a. The name and address of the applicant;
b. The location including street address block and lot and the size
of the site;
c. The type of sales requested;
d. Pursuant to N.J.S.A. 45:24-3 no permit shall be issued for a period
exceeding one hundred eighty (180) days;
e. If applicant is not the property owner, written permission from the
property owner, to use the site for stated purpose;
f. A nonrefundable application fee of one thousand ($1,000.00) dollars;
g. A good and sufficient bond with good and sufficient surety, equal
in amount to twenty-five (25%) percent of the value of the personal
property shown in the application, certifications and/or disclosures,
but in no event shall the bond be less than one thousand ($1,000.00)
dollars. The bond shall remain in force for one (1) year and be conditioned
to indemnify and pay the municipality any penalties or costs incurred
in the enforcement of this section, or reimburse any purchaser a sum
equal to at least the amount of any payment a purchaser may have been
induced to make through misrepresentation as to the kind, quality
or value of the property;
At its discretion, the Township official may waive the bond
in favor of an escrow account in the same amount and for the same
purposes as required above to be held by the Township for a period
of one (1) year.
h. A written instrument nominating and appointing a true and lawful
agent with full power and authority to acknowledge service or notice
of process for and on behalf of the applicant in respect to any matters
connected with or arising out of the license, bond or escrow. Vendor
shall include in this written instrument recitals stating that the
applicant consents and agrees that service or any notice or process
may be made upon such agent and when so made, shall be valid as if
personally served upon the applicant according to the laws of this
or any other state, and waiving all claim or right of error by reason
of such acknowledgement of service or manner of service.
[Ord. #2005-17, 9-26-05]
a. Review. Each application shall be reviewed by the Police Department,
the Construction Code Official's Office and the Department of
Community Development to insure that use is appropriate for the general
health, safety and welfare and does not adversely impact the community.
b. Conditions of Approval. No application shall be given final approval
without confirmation from Township Officials of the following:
1. All municipal taxes, liens and fees have been paid; and
2. No violations of any Township ordinances are outstanding. This shall
include, but not limited to, Construction Code/IBC Code violations,
Zoning violations and Property Maintenance violations.
c. Approval. Upon review by the officials and departments noted above,
Township Council shall have the authority to approve said application.
[Ord. #2005-17, 9-26-05]
Nonprofit organizations are exempt from payment of the application
fee and license fee.
[Ord. #2005-17, 9-26-05]
a. No permit shall be transferable as to person or place or valid for
a date not specifically set forth herein.
b. An applicant whose application is denied or revoked may appeal the
action of the Township Clerk to the Cherry Hill Township Council by
filing written notice of such application with the Township Clerk.
[Ord. #2005-17, 9-26-05]
The Township Clerk and the permit holder shall be governed by
the following rules and regulations together with any other pertinent
provisions of any other ordinances or statutes.
a. Capacity. The capacity of the function site for the particular sale
shall be determined by the appropriate Township personnel from a structural,
fire and general safety standpoint.
b. Entrance and Exit. Adequate precautions and arrangements shall be
made for the orderly entrance and exit of patrons and for their safety.
[Ord. #2005-17; Ord. #2008-8, 7-14-08]
A fine of two hundred ($200.00) dollars or imprisonment for
up to ninety (90) days, or both, to any vendor who fails to comply
with the requirements of this section, or makes a false or fraudulent
representation in any statement required by this section, or falsely
represents by advertising or otherwise that such personal property
is in whole or in part damaged goods saved from fire, or makes any
false statement as to the previous history or character of such personal
property.
[Ord. #2005-17; Ord. #2008-8, 7-14-08]
The penalties and fees provided in this section may be revised
without an amending ordinance to conform with any revision of N.J.S.A.
45:24-1 et seq.
[Ord. #71-51, §§ 1,2, 12-27-71]
a. No person shall operate any establishment or utilize any premises
in the Township as or for a massage business unless and until there
first has been obtained a license for the establishment or premises
from the Township Clerk in accordance with the terms and provisions
of this section.
b. No person shall render or perform services as a masseur or masseuse
or engage in the business of or be employed as a masseur or masseuse
unless and until he or she has obtained a masseur's or masseuse's
license from the Township Clerk in accordance with the terms and provisions
of this section.
[Ord. #71-51, § 3, 12-27-71]
Each and every applicant for a license, either for an establishment
or premises, to be used for a massage business or for a masseur's
or masseuse's license, shall set forth the following information
in writing on forms provided by the Township Clerk:
a. The name and address of the applicant and all former addresses for
a period of three (3) years prior to making the application;
b. The address of the establishment or premises to be used in the massage
business and a physical description of the property and facilities,
if the applicant desires a license for the establishment or premises;
c. If the applicant desires a masseur's or masseuse's license,
a statement of all employment for a period of three (3) years prior
to making the application;
d. A statement as to whether or not the applicant, or any officer or
director thereof, if a corporation has ever been convicted of a crime
in this or any other State.
[Ord. #71-51, § 4, 12-27-71; Ord. #90-4, 2-12-90;
Ord. #91-27, 5-28-91; Ord. #99-23, § 1, 3-8-99]
a. The applicant for a license for a massage establishment or premises
shall pay an annual license fee of two hundred fifty ($250.00) dollars,
which license fees shall become due on January 1st annually. The applicant
for a masseur's or masseuse's license shall pay an annual
license fee of one hundred fifty ($150.00) dollars, which license
fee shall become due on January 1 annually.
b. The license shall be issued for one (1) year, January 1st and expire
on December 31st. There will be no proration of fees. Any establishment
or individual failing to renew a license, under this section, by January
31st shall be charged an additional twenty-five ($25.00) dollars per
license.
c. A condition for approval for the license is that all municipal taxes,
liens and fees have been paid.
[Ord. #71-51, § 5, 12-27-71]
a. Each application for a license or the renewal thereof, either to
operate a massage establishment or premises or to engage in the business
of or to be employed as a masseur or masseuse, which is submitted
to the Township Clerk shall be approved by the Township Council before
any license is issued.
b. The Township Council shall not approve the application if, on the
basis of the past criminal record of the applicant or of the principals
thereof, or on the basis of other evidence of bad character or morals,
it shall determine that the granting or renewal of such license would
tend to encourage or permit criminal or immoral activities within
the Township of Cherry Hill.
[Ord. #71-51, § 7, 12-27-71]
The provisions of this section shall not apply to massage or
physical therapy treatments given:
a. In the office of a licensed physician, osteopath, chiropractor or
physical therapist;
b. In a regularly established medical center, hospital, or sanitarium
having a staff which includes licensed physicians, osteopaths, chiropractors
and/or physical therapists; or
c. By any licensed physician, osteopath, chiropractor or physical therapist
in the residence of his patient.
[Ord. #374, § 2, 5-13-65; Ord. #2009-1, 2-9-09]
As used in this section:
MOTOR VEHICLE SERVICE STATIONS
Shall mean any building or place where gasoline, diesel fuel
or oil is used and/or offered to the general public for sale. Including
gas stations, garages, auto repair centers and automobile supply stores,
including car dealerships with repair garages.
STORED
Shall mean permitted to remain on the lot for more than ten
(10) days.
No person shall construct, alter, operate or maintain a gasoline
or diesel fuel motor vehicle service station within the Township limits
except after having a license issued for the above purpose under the
provisions of this section.
[Ord. #374, §§ 3, 6, 5-13-63; Ord. #90-3,
2-12-90; Ord. #2009-1, 2-9-09]
a. Any person desiring to construct or alter a motor vehicle service
station shall first make an application in writing to the Township
Council for a license for the construction. The application shall
contain the following:
1. The name and address of the applicant;
2. A plot plan showing:
(a)
The location of all buildings on the lot involved;
(b)
The size of the floor space in any buildings devoted to or used
for the purpose of motor vehicle storage;
(c)
The existence of any trees, fire plugs, and buildings or structures
(identifying the use thereof) on any lot, any part of which is within
a radius of two hundred (200') feet from any part of the lot
covered by the application;
(d)
The nature of the zoning of the lot covered by the application
and all ground within two hundred (200') feet of any portion
thereof;
(e)
Whether any public garage or motor vehicle storage building
or motor vehicle service station is located on a lot any part of which
is within two thousand five hundred (2500') feet of any portion
of the lot covered by the application.
3. The materials used or to be used and the construction of the buildings;
4. The plans and specifications for the construction of the facilities;
and
5. Any other information required by the Township Council in order to
reach a determination as to the acceptance or rejection of the application.
Each application shall be accompanied by a check to the order of the
Township of Cherry Hill in the amount of two hundred fifty ($250.00)
dollars which shall not be returnable. In the event the application
is approved, construction or alteration shall be in strict conformity
with the application.
b. Any person or corporation desiring to operate or maintain a motor
vehicle service station, gasoline, diesel fuel or oil filling station
within the Township during any part of any calendar year shall first
make application for a license and pay an annual fee of two hundred
fifty ($250.00) dollars. All licenses shall expire on December 31
annually.
c. Any establishment or individual failing to renew a license, under
this section, by January 31st shall be charged an additional one hundred
($100.00) dollars per license.
[Ord. #374, § 4, 5-13-63]
a. The Township Council shall conduct a public hearing on each application submitted under subsection
6-10.3 at its second regular meeting after the filing of the application.
b. The applicant shall, at least ten (10) days prior to the time appointed
for the hearing, give personal notice of the time, place and purpose
of the hearing to all property owners within two hundred (200')
feet of the lot affected by the application.
c. The notice shall be given either by handing a copy to the property
owners or by leaving a copy at their residence, if the owners or occupants
of the property affected by the application are residents of the Township.
Whenever the owners are not residents of the Township, the notice
may be given by sending a written notice by certified mail, to the
last known address of the property owner as shown by the most recent
tax list of the Township. Where the owner is a partnership, service
upon any partner as above set forth shall be sufficient. Where the
owner is a corporation, service upon any officer as set forth above
shall be sufficient.
d. The applicant shall, by affidavit, present satisfactory proof to
the Township Council at the time of the hearing that the notices have
been duly served as herein required.
[Ord. #347, § 5, 5-13-63; Ord. #65-54, § 2,
12-27-65; Ord. #68-14, § 2, 3-25-68; Ord. #69-13, § 2,
5-12-69; Ord. #71-22, § 2]
The following provisions shall be considered by the Township
Council in determining whether to approve or reject an application
to construct or alter a motor vehicle service station except that
where after a hearing it is determined by the Council that the lot
has been so affected by condemnation for the construction of a major
State highway or is of such a peculiar size, shape or location that
its use for other business purposes have been limited with the result
that the lot has remained economically unproductive for a minimum
of four (4) years, the provisions of paragraphs b and c may be waived:
a. No motor vehicle service station shall be erected, constructed or
altered on a lot any part of which is situate within two hundred (200')
feet of any dwelling, public school, hospital, church, theater, auditorium
or other place of public assembly seating over one hundred (100) persons.
b. No motor vehicle service station shall be erected, constructed or
altered on any lot, any part of which is situated within two hundred
(200') feet of any zone in which such construction is prohibited
by the Zoning Ordinance of the Township, unless separated from the
zone by a public street or highway right-of-way in excess of one hundred
(100') feet wide, or unless written consent of all property owners
within two hundred (200') feet of the proposed station and within
the zone shall have been filed with the Township Council.
c. No motor vehicle service station shall be erected, constructed or
altered on a lot, any part of which is within two thousand five hundred
(2,500') feet of any other motor vehicle service station, public
garage or motor vehicle storage building.
d. All fuel tanks shall be installed underground.
e. All driveways shall be no less than twenty-five (25') feet from
the intersection of the street right-of-way lines and no driveway
shall be wider than thirty (30') feet at any point.
f. A raised concrete curb at least eight (8") inches in height and six
(6") inches wide at the top shall be constructed and maintained along
all street right-of-way lines except as permitted driveways.
g. The entire area of the lot to be traversed by any motor vehicles
shall be hard surfaced and the balance of the lot shall be landscaped.
h. No gasoline, diesel fuel or oil pumps or islands shall be within
fifteen (15') feet of any street right-of-way line.
i. No other Township ordinance shall be violated.
j. No free standing sign permitted by zoning requirements shall exceed
fifty (50) square feet in area, nor be less than eight (8') feet
above the ground, nor be more than seventeen (17') feet above
the ground nor extend beyond the lot lines.
[Ord. #64-55, § 1, 11-23-64]
The provisions of subsections
6-10.3,
6-10.4 and
6-10.5 may be waived by the Township Council in any instance requiring a license solely to alter an existing station, where:
a. The alterations are directly necessitated by a taking of a part of
the motor vehicle service station property by a public body through
condemnation or the threat of condemnation; and
b. The alterations are designed to modernize and improve the station,
provided the station, after alteration, shall comply with this section
at least to the extent of its compliance before alteration.
[Ord. #347, § 8, 5-13-63]
Any license may be revoked by the Township Council upon hearing,
after due notice, for failure to continuously comply with the provisions
hereof and all other applicable Township ordinances and regulations.
[Ord. #347, § 7, 5-13-63]
The following rules and regulations shall be continuously observed
by the owner, operator, or maintainer of any motor vehicle service
station, whether the same be open, closed, occupied or vacant:
a. The entire lot shall be continuously maintained and kept free from
paper, rubbish and debris.
b. No motor vehicle may be offered for sale on any lot.
c. No motor vehicle or any type of salvage or maintenance materials
shall be stored outside any buildings.
[Ord. #347, § 10, 5-13-63]
In interpreting and applying the provisions of this section,
they shall be held to be minimum requirements unless otherwise stated.
Any restrictions or requirements with respect to building or land
or both which appear in other ordinances of the Township or are established
by law and which are greater than those set forth herein shall take
precedence over those herein; otherwise, the provisions of this section
shall apply.
[Ord. #347, § 9, 5-13-63]
Any person violating any of the provisions of this section shall, upon conviction be liable to the penalty stated in Chapter
1, Section
1-5. Each violation shall be taken and deemed to be a separate and distinct offense.
[Ord. #148, § 1, 7-18-42; Ord. #327, § 1,
4-23-62]
No person shall operate or maintain a public garage either enclosed
or in the open, or any public vehicle garage or parking lot for a
fee, charge or other consideration within the Township without having
first obtained a license from the Township Clerk.
[Ord. #327, § 2, 4-23-62]
Each applicant for a license shall submit to the Township Chief
of Police a scale plan of the property to be licensed, showing the
number and location of each parking space and the entrance and exit
locations. The Chief of Police or his assistant shall within twenty-four
(24) hours thereafter forward the plan to the Township Clerk with
his approval unless the plan presents a hazard to the walking or driving
public, a hazard to the property or any facilities on the property,
or causes undue hindrance to the passage of emergency or fire equipment.
The plan shall remain on file with the Township Clerk during the term
of the license and no vehicle shall be parked except in accordance
therewith.
[Ord. #148, § 2, 7-18-42; Ord. #327, § 3,
4-23-62]
The Township Clerk is hereby authorized to issue a license hereunder upon receipt of the approved plan provided for in subsection
6-11.2 and upon the payment by the applicant of the proper fees herein provided.
[Ord. #148, § 5, 7-18-42; Ord. #220, § 1,
8-28-5; Ord. #327, § 6, 4-23-62; Ord. #74-24, § 1,
6-10-74]
The license fees under this section shall be as follows:
a. An annual fee of ten ($10.00) dollars for every public garage, public
vehicle storage place or public parking lot providing facilities for
not more than ten (10) vehicles; twenty-five ($25.00) dollars for
every public garage, public vehicle storage place or public parking
lot providing facilities for not more than eleven (11) nor more than
twenty-five (25) vehicles, fifty ($50.00) dollars for every public
garage, public vehicle storage place or public parking lot providing
facilities for not more than twenty-six (26) nor more than fifty (50)
vehicles; one hundred ($100.00) dollars for every public garage, public
vehicle storage place or public parking lot providing facilities for
in excess of fifty-one (51) vehicles.
b. The sum of ten ($0.10) cents for each vehicle parked.
The foregoing fees are hereby expressly declared to be imposed
for revenue and regulation.
|
The annual fee established by paragraph a shall be payable in
advance. The fee established by paragraph b., shall be payable on
or before the fifth day of each month for each vehicle parked during
the preceding month, and payment shall be accompanied by a statement,
under oath, certifying the number of vehicles parking during the period
with such other supporting data as the Township Clerk may require
to verify the fee due.
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[Ord. #148, § 5, 7-18-42; Ord. #327, § 4,
4-23-62]
The license shall expire December 31 of the year in which the
license is issued and shall apply only to the person to whom granted
and shall not be transferable.
[Ord. #327, § 5, 4-23-62]
Any person to whom a license is granted shall be required to
exhibit the same whenever called upon to do so.
[Ord. #327, § 9, 4-23-62; Ord. #356, § 1,
11-26-62]
Every person holding a license to operate or maintain a public
garage, public vehicle storage place or public parking lot shall be
deemed to hold such license pursuant to the terms hereof, and subject
to the following special conditions:
a. All licensees shall have a sufficient number of guards or attendants
on duty to control all entrances or exits at all times during which
vehicles are parked, for the purpose of limiting the improper removal
of vehicles and directing the traffic flow, unless at each entrance
a legible notice is prominently displayed advising the patron that
the facility will be unattended during certain specified hours.
b. All licensees permitting vehicles to be or remain parked during the
usual hours of darkness shall provide adequately lighted pedestrian
walkways (which may also be used by vehicular traffic) for the safety
of patrons.
c. All licensees who operate parking lots shall maintain the same except
for a period of six (6) hours after the termination of any snowfall,
in such a manner that the parking and driving surface shall be smooth,
rut free and sufficiently hard surfaced that no vehicle shall become
mired or stuck.
d. All licensees shall, during the term of their license, keep on file
with the Township Clerk a certificate evidencing the licensees procurement
of public liability and property damage insurance with minimum coverage
of one hundred thousand ($100,000.00) dollars for each person and
three hundred thousand ($300,000.00) dollars for each accident.
[Ord. #380, § 1, 6-24-63]
No person shall maintain, operate, conduct or pursue the business
or occupation of keeping any public room or place wherein the games
commonly known as pool or billiards are played without having first
obtained a license as hereinafter provided.
[Ord. #380, § 2, 6-24-63]
An application for a license shall be filed with the Township
Clerk, on forms to be furnished by the Clerk. The forms shall require
to be included the following information:
a. The name and address of the applicant;
b. In the case of a partnership, it shall state the names and addresses
of all partners;
c. In the case of a corporation, it shall state the names and addresses
of the officers, directors and all stockholders presently holding
stock and all who for six (6) months prior to the making of the application
have been officers, directors or stockholders;
d. In the case of clubs or associations, it shall state the names and
addresses of all officers;
e. Whether or not the person named in the application has ever been
convicted of a violation of any Federal, State or municipal law;
f. The location of the premises to be licensed;
g. The number of pool tables and billiard tables to be located upon
the premises to be licensed.
[Ord. #380, § 5, 6-24-63; Ord. #74-79, § 2,
12-23-74; Ord. #99-24, § 1, 2-22-99; Ord. #2009-1, 2-9-09]
a. The annual fees to be paid for a license are hereby fixed as follows:
for the first pool or billiard table located upon the premises to
be licensed the fee shall be three hundred ($300.00) dollars. For
each additional pool or billiard table located upon the premises to
be licensed, the fee shall be fifty ($50.00) dollars.
b. The license shall be issued for one (1) year, January 1st and expire
on December 31st. There will be no proration of fees. Any establishment
or individual failing to renew a license, under this section, by January
31st shall be charged an additional one hundred ($100.00) dollars
per license.
c. A condition for approval for the license is that all municipal taxes,
liens and fees have been paid.
[Ord. #380, § 3, 6-24-63; Ord. #90-84, 1-28-91;
Ord. #90-91, § 1; Ord. #91-67, 12-28-91]
a. All licenses herein provided for shall be approved by Township Council
and issued by the Township Clerk upon compliance with the terms hereof,
only after the payment of the license fee herein provided for. All
such licenses shall become due on January 1 in each year.
b. The application shall be forwarded by the Township Clerk to the Cherry
Hill Police Department for a background check of all persons named
in the application. No license shall be considered by Council prior
to completion of the background check.
[Ord. #380, § 4, 6-24-63]
A license shall bear the date of issue, the name of the licensee,
the purpose for which issued, and the location of the room or building
where the licensee is authorized to carry on and conduct any such
business. A license shall not be transferable by the holder to any
other person, but such license may be transferred by the holder to
another address, provided that the licensee shall make written application
for such transfer to the Township Clerk and the transfer is approved
by resolution of the Township Council.
[Ord. #380, § 6, 6-24-63]
a. Grounds. The Township Council may suspend or revoke the license of
any licensee on any one (1) or more of the following grounds:
1. Violation of any State law upon the licensed premises by the licensee
or its agents, servants, employees or representatives;
2. Violation of any Township ordinance upon the licensed premises by
the licensee or its agents, servants, employees or representatives;
3. If the license was issued by fraudulent conduct or false statement
of a material fact or if a fact concerning the applicant was not disclosed
at the time of filing the application where the fact would have constituted
just cause for refusing to issue the license;
4. Permitting or suffering any activity upon the licensed premises which
is or may be detrimental to the public health, safety, welfare or
morals.
b. Notice; Hearing. In all such cases, written notice of the charge
and the time and place of hearing shall be served on the licensee,
either in person or by certified or registered mail addressed to the
licensed premises. No revocation or suspension shall occur unless
the licensee shall have been afforded an opportunity to be heard in
his defense.
c. Fee Not Refunded. In the event any license is suspended or revoked,
the licensee shall not be permitted to a refund of any portion of
the license fee.
[Ord. #380, § 8, 6-24-63]
Any premises which shall be declared to be unsafe by the written
report of the Construction Code Official or a fire hazard by the written
report of the Fire Marshal, shall be deemed to be ineligible for a
license.
[Ord. #380, § 9, 6-24-63]
No license shall be issued for the operation of any pool or
billiard room which is located within two hundred (200') feet
of any school, church or publicly owned building.
[Ord. #380, § 10, 6-24-63; Ord. #66-7, § 2, Ord. 74-79, § 3, 12-23-74; Ord.
#83-12, § 2, 3-30-85]
The hours of operation for pool or billiard rooms shall be 12:00
noon to 6:00 a.m. from May 1 through October 31 and twenty-four (24)
hours a day from November 1 through April 30 of each year.
[Ord. #380, § 12, 6-24-63]
In no event shall card playing be permitted on premises licensed
under this section, even if the card playing is for social purposes.
[Ord. #380, § 15, 6-24-63]
All premises in which the games of pool and billiards are played
shall be on the street floor of any building and shall be so arranged
and shall be so lighted that a full view of the interior may be had
from the public thoroughfare or from adjacent rooms to which the public
is admitted at all times.
[Ord. #380, § 14, 6-24-63]
This section shall not apply to any religious, charitable, benevolent
or non-profit association or corporation which operates or maintains
any pool or billiard table solely for the recreation and amusement
of its members, provided the organization is bona fide in character
and is not intended as a means or device for evading the terms and
provisions of this section, nor shall this section apply to the keeping
of any pool or billiard table in private residences.
[Ord. #380, § 15, 6-24-63]
There shall be conspicuously posted and displayed in any premises
licensed under this section:
a. The license issued pursuant to this section.
b. A copy of this section which shall be supplied to the licensee by
the Township Clerk.
c. Not less than one (1) sign giving notice that no person under the
age of eighteen (18) years is permitted upon the licensed premises
unless accompanied by his parent or guardian.
[Ord. #380, § 17, 6-24-63]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter
1, Section
1-5. Each day such violation shall be continued shall be deemed and taken to be a separate and distinct offense.
[Ord. #2009-1, 2-9-09]
No person shall maintain, operate, conduct a bowling alley or
combination thereof or such other place where the business of bowling
is conducted for gain, reward or profit, without first having obtained
a license for that purpose as hereinafter provided.
[Ord. #2009-1, 2-9-09]
Application. An application for a license shall be filed with
the Township Clerk, on forms to be furnished by the Clerk. The forms
shall require to be included the following:
a. The name and address of the applicant;
b. In the case of a partnership, it shall state the names and addresses
of all partners;
c. In the case of a corporation, it shall state the names and addresses
of the officers, directors, and all stockholders presently holding
stock and all who for six (6) months prior to the making of the application
have been officers, directors or stockholders;
d. In the case of clubs or associations, it shall state the names and
addresses of all officers;
e. Whether or not the person named in the application has ever been
convicted of a violation of any Federal, State or municipal law;
f. The location of the premises to be licensed;
g. The number of lanes to be located upon the premises to be licensed.
[Ord. #2009-1, 2-9-09]
a. The annual fees to be paid for a license are hereby fixed as follows:
two hundred fifty ($250.00) dollars per year and twenty-five ($25.00)
dollars per lane.
b. The license shall be issued for one (1) year, January 1st and expire
on December 31st. There will be no proration of fees. Any establishment
or individual failing to renew a license, under this section, by January
31st shall be charged one hundred ($100.00) dollars.
c. A condition for approval for license is that all municipal taxes,
liens and fees have been paid.
[Ord. #2009-1, 2-9-09]
a. All licenses herein provided for shall be approved by Township Council
and issued by the Township Clerk upon compliance with the terms hereof,
only after the payment of the license fee herein provided for. All
such licenses shall become due on January 1 in each year.
b. The application shall be forwarded by the Township Clerk to the Cherry
Hill Police Department for a background check of all persons named
in the application. No license shall be considered by Council prior
to completion of the background check.
[Ord. #91-4, § 1, 3-11-91]
The Governing Body may, by resolution after written application
therefor, issue a permit for outdoor operations of a type commonly
known as "flea markets" other than temporary uses, provided that the
appropriate Planning or Zoning approvals have been given to the applicant.
[Ord. #91-4, § 2, 3-11-91]
a. All applications for flea market permits shall be accompanied by
the following fee and shall be filed with the Township Clerk at least
thirty (30) days prior to opening, which time period may be waived
by the Clerk.
b. The promoter/organizer of the flea market shall pay a license fee
of one thousand ($1,000) dollars per month for the flea market to
operate one (1) day per week and one thousand five hundred ($1,500)
dollars per month for the flea market to operate two (2) days per
week. The fee shall be waived for those tax exempt organizations presenting
proof of their tax exempt number.
[Ord. #97-46, § I, 12-8-97]
BODY PIERCING
Shall mean piercing the skin for the express intention of
insertion of any object, including but not limited to jewelry; provided,
however, that the piercing of the lobes of the ears shall be specifically
excluded from the purview of this section.
CERTIFICATE OF INSPECTION
Shall mean written approval from the County Health Officer
or his authorized representative that said tattooing and/or body piercing
establishment has been inspected and meets all of the terms of this
section.
CERTIFICATE OF REGISTRATION
Shall mean the certificate held by an operator upon registration
with Camden County Health Department by meeting the required provisions
of this section.
COUNTY HEALTH OFFICER
Shall mean the Camden County Public Health Coordinator or
his authorized representative of Camden County Department of Health
and Human Services.
ESTABLISHMENT
Shall mean the premises wherein tattooing or body piercing
is performed.
OPERATOR
Shall mean any individual, firm, company, corporation or
association that owns or operates an establishment where tattooing
or body piercing is performed and any individual who performs or practices
the above on the person of another.
TATTOO, TATTOOED OR TATTOOING
Shall mean and refer to any method of placing designs, letters,
scrolls, figures, symbols or any marks under the skin with ink dye
or any other substance resulting in the coloration of the skin by
the aid of needles or any other instruments designed to puncture the
skin.
[Ord. #97-46, § II, 12-8-97]
a. It shall be unlawful for any person to engage in the business of
operating an establishment where tattooing or body piercing is performed
without first obtaining a license from the Township of Cherry Hill
to engage in such business in accordance with the provisions hereof.
Also, it shall be unlawful for any operator to engage in the practice
of tattooing or body piercing without first obtaining a certificate
of registration from the Camden County Health Department.
All licenses shall expire on the last day of each calendar year.
Any charge of ownership shall require a new application and license
with payment of fees therefore.
Each tattooing and body piercing business license issued by
the Clerk of the Township of Cherry Hill shall contain a license number
and no such license shall be transferable. If a renovation of the
tattooing or body piercing establishment is anticipated after acquisition
of the annual license, plans must be submitted to the Camden County
Health Department and the applicant will be required to comply with
the provisions of this section.
b. Persons applying shall submit to the Camden County Health Department,
a medical certificate issued by a physician duly licensed to practice
medicine and surgery in the State of New Jersey, stating that the
prospective licensee or registrant is free from all contagious or
communicable diseases or conditions which may endanger the health
of the client.
c. Municipal License. The annual license fee for engaging in the business
of operating a tattooing and/or body piercing establishment within
the Township of Cherry Hill shall be fifty ($50.00) dollars per year.
Any person, firm or corporation desiring to engage, or presently engaged,
in the tattooing or body piercing business shall first apply to the
Clerk of the Township of Cherry Hill in writing, on forms supplied
by the Clerk of this municipality, for said purpose. The application
to the municipality shall be accompanied by the license fee and shall
set forth the following:
1. Name and address of the applicant;
2. Local and permanent addresses and telephone number of the applicant.
3. Name, local address and telephone number of the manager of the business
if different from applicant;
4. If the applicant is a corporation, the name and address of its registered
agent;
5. Federal Employer Identification Number if applicant is a corporation,
partnership or firm; Social Security Number if applicant is a sole
proprietorship;
6. Certificate of inspection and certificate of operator registration
issued by the Camden County Health Department as parts of the application
documents.
d. Operating Registration. An applicant shall submit a floor plan of
the establishment to the Camden County Health Officer prior to initiation
or construction and shall receive a pre-opening inspection. All establishments
shall be subject to a periodic compliance and/or annual inspection
by the Camden County Health Department. Every operator shall be registered
with the Camden County Health Department and shall acquire a certificate
of registration upon payment of a fee prior to business operation
or practice.
Fees for a plan review, inspections, and operator registration
shall be payable to the County and established by the Camden County
Board of Chosen Freeholders. These fee schedules are available from
the Office of the County Health Officer.
e. Nothing in the foregoing shall be construed so as to affect the practice
of medicine and surgery or any other recognized profession or occupation
by a person duly licensed by the State of New Jersey to engage in
such practice, profession or occupation and whose license would lawfully
authorize the tattooing or body piercing.
[Ord. #97-46, § III, 12-8-97]
a. It shall be a violation of this ordinance for anyone or any tattooing
or body piercing business to tattoo or pierce the body of an individual
under eighteen (18) years of age without written authorization signed
by the parent or legal guardian as witnessed by the operator. The
operator shall be responsible for maintaining the original consent
form for a period of two (2) years beyond the recipient's eighteenth
(18) birthday.
b. If the applicant is suspected to be under the influence of alcohol,
drugs or any other behavior modifying substance, the operator must
refuse the applicant
c. Inquiry shall be made for anyone with a history of recent jaundice,
hepatitis B or HIV/AIDS and the person shall not be tattooed or body
pierced.
d. Each person wishing to be tattooed or pierced must fill out an application
which will include the name, date of birth, address and telephone
number of the client as well as the design and location(s) of the
tattoo(s) or piercing(s). The operator shall verify applicable information
from a valid photo ID of the applicant and so noted on the application.
All records regarding tattooing or body piercing are to be maintained
for a minimum of two (2) years.
e. No person or operator shall state or imply, in any advertisement,
that the tattooing or body piercing establishment is endorsed or approved
by the Camden County Health Department in compliance with terms of
this section.
[Ord. #97-46, § IV, 12-8-97]
a. No person, partnership, firm nor corporation engaged in the tattooing
or body piercing business shall be issued with a municipal mercantile
license to engage in such activity unless the premises at which such
activity is to be conducted and the equipment to be utilized in conjunction
therewith meet the following standards and inspected/approved by the
Camden County Health Department.
1. Each tattooing and/or body piercing facility shall have a bathroom
accessible to the client and staff. Each bathroom shall be equipped
with a commode and a sink with the sink being connected to hot and
cold running water. Soap and sanitary towels, or other approved hand
drying devices shall be available at the sink at all times. Common
towels are prohibited. In addition to the above, each tattooing or
body piercing cubicle or work station must be provided with a sink
connected to hot and cold running water. This area shall also be provided
with soap and appropriate hand drying devices.
2. The chair, seat or exam table reserved for the person receiving the
tattooing or body piercing shall be of a material that is smooth and
easily cleanable and constructed of material that is nonabsorbent.
Any surfaces on the chair, seat or exam table that become exposed
to blood or body fluids must be cleaned and sanitized prior to use
by the next customer.
3. The work table or counter used by the operator shall be smooth and
easily cleanable and constructed of material that is nonabsorbent.
There shall be a covered junction between the table/counter and the
wall if the table/counter is to be placed against the wall. This table/counter
must be cleaned and sanitized or use single-use disposable sheets,
utilizing a method approved by the Camden County Health Department,
between customers.
4. The walls and floors in the tattooing or body piercing area shall
be smooth and easily cleanable and constructed of nonabsorbent materials.
5. Lighting within the tattooing or body piercing area shall be adequate
so as to provide a minimum of one hundred (100) foot candles in all
areas.
6. The work area reserved for the tattooing or body piercing shall be
not less than one hundred (100) square feet and shall be separated
from other areas of the establishment by walls or durable partitions
extending at least six (6') feet in height.
7. Any surfaces in the establishment that become exposed to blood or
body fluids must be cleaned and sanitized using a method approved
by the Camden County Health Department.
8. Products used in the cleaning, sanitizing and sterilizing procedures
must be clearly marked and stored in an acceptable manner. Smaller
working containers filled on-site from larger containers must be clearly
marked with the name of the product.
9. Proper waste receptacles shall be provided and waste disposed of
at appropriate intervals.
[Ord. #97-46, § V, 12-8-97]
a. Tattooing or Body Piercing Operators.
1. All operators while performing services shall neither be under the
influence of alcohol or drug, nor be infected with Hepatitis B, contagious
dermatitis or any other communicable disease.
2. Hepatitis B pre-exposure vaccination or proof of immunity is required
for all operators. If a person cannot obtain the vaccination for medical
reasons, he/she shall submit to the Camden County Health Department
a letter from his/her physician certifying that the individual does
not have Hepatitis B and vaccination is contraindicated. This certification
shall be annually renewed. Any accidental needle stick injury shall
be immediately reported to the Camden County Health Department.
3. All tattooing or body piercing operators shall attend a training
program sponsored by the Camden County Health Department to assure
basic knowledge on sterile technique and universal precautions.
4. Before working on each patron, each operator shall scrub and thoroughly
wash his/her hands with hot water and antiseptic soap. The hands shall
be dried with individual, single-use towels. Fingernails shall be
kept clean and short.
5. Disposable vinyl or latex gloves shall be worn by the operator during
tattooing or body piercing preparation and application to prevent
contact with blood or body fluids. Universal precautions as described
by the US Centers for Disease Control and Prevention (CDC) shall be
followed. All materials shall be disposed of in accordance with waste
disposal provisions of this ordinance after contact with each patron.
Hands shall be washed immediately after removal of gloves. Any skin
surface that has contact with blood shall be washed immediately.
6. Immediately after tattooing or piercing a patron, the operator shall
advise the patron on the care of the site tattooed or pierced and
shall instruct the patron to consult a physician at the first sign
of infection. Printed instructions regarding these points shall be
given to each patron by the operator.
7. All infections resulting from the practice of tattooing or body piercing
which becomes known to the operator shall be promptly reported to
the County Health Officer by the person owning or operating the body
piercing establishment or by the operator.
b. Skin Preparation.
1. Tattooing or body piercing shall be done only on normal healthy skin
surface that is free of cuts, wounds, rashes, boils, pimples, moles
or infection, or manifests any evidence of unhealthy conditions.
2. Only safety razors with disposable blades shall be used for the skin
preparation. Blades shall be disposed of according to the waste disposal
procedure of this section after each use and a new blade used for
each patron.
3. Following shaving, the tattooing area shall be thoroughly cleansed
and scrubbed with tincture of green soap or its equivalent and warm
water. Before placing the tattoo design or body piercing on the patron's
skin, the area shall be treated with seventy (70%) percent alcohol
and allowed to air dry. A single-use sponge shall be used to scrub
the area.
4. Only petroleum jelly (U.S.P. or National Formulary) or antiseptic
ointment shall be applied to the tattoo area prior to tattooing. The
ointment shall be applied in a sanitary manner, disposing of the utensil
after spreading. Collapsible tubes of ointment or jelly may also be
used.
5. Design stencils shall be thoroughly cleansed and rinsed in an approved
germicidal solution for at least twenty (20) minutes or disposed of
following each use.
6. Only non-toxic dyes or pigments may be used. Pre-mixed sterile materials
are preferred. Pre-mixed dyes shall be used without adulteration of
the manufacturer's original formula. It shall be the responsibility
of the operator to provide certification to the Camden County Health
Department of the non-toxicity of the dyes or inks at the time of
license application and renewal.
7. No skin area shall be penetrated, abraded or treated with chemicals
for the purpose of removing, camouflaging or altering any blemish,
birthmark, scar or tattoo.
8. Ear piercing guns may not be used for body piercing, but may only
be used for piercing of the ear lobes.
c. Needles, Instruments and Supplies.
1. All clean and ready-to-use needles, gloves, gauze and instruments
shall be kept in a closed glass or metal case or storage cabinet while
not in use. Such cabinet shall be maintained in a sanitary manner
at all times.
2. Single service sterilized needles shall be used.
3. If needles and needle bars are to be reused, these items shall be
steam sterilized (autoclave) before reuse on any customer. Any other
method of sterilization shall be approved by the County Health Officer.
4. The sterilizer shall be well-maintained with a tight-fitting gasket
and a clean interior.
5. The manufacturer's operating instructions and the sterilization
specification shall be at hand. The operation of the sterilizer shall
conform to the manufacturer's specifications with regard to temperature,
pressure and time of the sterilization cycle.
6. Proper functioning of sterilization cycles shall be verified.
7. Each item to be sterilized shall be individually wrapped using a
chemical indicator or strip to verify steam exposure.
8. Any needle that penetrates the skin of the operator shall be immediately
disposed of in accordance with the waste disposal procedure of this
section.
9. If the primary source of sterilization malfunctions, the County Health
Officer shall be notified within twenty-four (24) hours. In an emergency
situation the Camden County Health Officer may approve alternate sterilization
techniques.
d. Disposal of Wastes.
1. Needles shall not be bent or broken prior to disposal. Operators
shall take precautions to prevent puncture injuries from contaminated
needles. Needles shall be disposed of directly into a solid puncture
resistant container.
2. These medical wastes shall be disposed of by an authorized contractor
as per the New Jersey Department of Environmental Protection's
regulation.
3. If blood contaminated gloves, gauze and other materials are sterilized
by autoclaving, these wastes can be placed for off-site waste collection.
[Ord. #97-46, § VI, 12-8-97]
a. When it appears to the County Health Officer that the operation of
the tattooing or body piercing establishment poses an immediate and
imminent threat to the public health and safety such that irreparable
harm will occur if the tattooing or body piercing establishment is
not immediately closed, the County Health Officer shall have the power
to order the immediate closure of the tattooing or body piercing establishment
until such time that the violations complained of have been corrected.
[Ord. #97-46, § VII, 12-8-97]
a. Any person, partnership, firm or corporation who violates any subsection
of this section shall be subject to a fine of not less than two hundred
fifty ($250.00) dollars nor more than one thousand ($1,000.00) dollars
for each violation of this section or imprisonment in the County jail
up to ninety (90) days, or both. Each day that the violation exists
is considered to be a separate offense.
b. Reasonable counsel fees incurred by the Camden County Health Department
in the enforcement of this section shall be paid by the defendant.
The amount of such reimbursable fees and costs shall be determined
by the Court hearing the matter.
c. In addition to being subject to the penalties provided herein, any
license or certificate of registration issued under this section may
be revoked or suspended for any intentional misstatement in any application
or for any violation of this section. No license shall be revoked
or suspended until the licensee has been afforded a hearing. Notice
of the filing of a complaint which seeks to suspend or revoke any
license or certificate of registration issued under this section shall
be served on the defendant personally or on the person designated
to receive serve of this section. This notice will establish a date
for a hearing to be held not more than ten (10) days from the date
of such notice, at which time the defendant shall have the right to
be represented by counsel, call witnesses, cross-examine witnesses
produced in support of the complaint, as well as such other rights
necessary in order to insure due process. Should any license or certificate
of registration be revoked or suspended, no part of the license or
registration fee shall be returned.
[Ord. #2009-12, 8-10-09]
The following words and terms when used in this section shall
have the following meanings, unless the context clearly indicates
otherwise.
AMUSEMENT GAMES LICENSING LAW
Shall mean N.J.S.A. 5:8-78 through N.J.S.A. 5:8-119 inclusive,
including any amendments thereto duly enacted subsequent to the effective
date of this Chapter.
AMUSEMENT RIDE
Shall mean any mechanical device(s) which carry or convey
passengers along, around or over a fixed restricted route or course
for the purpose of giving its passengers pleasure, thrills or excitement
and as otherwise defined and regulated under the Carnival Amusement
Ride Safety Act N.J.S.A. 5:3-31, et seq.
ARCADE
Shall mean a place where a single player may play any one
of a number of machines or devices, upon payment of a fee, to attempt
to obtain a prize or tickets or tokens redeemable for a prize, or
to attempt to attain a score or result upon the basis of which a prize,
ticket or token is awarded.
CERTIFICATION
Shall mean a Certification of Permissibility granted by the
Control Commission pursuant to N.J.A.C. 13:3-7.1, et seq.
COMMISSION
Shall mean the Legalized Games of Chance Control Commission
the successor to the Amusement Games Control Commissioner pursuant
to Reorganization Plan No. 004-1992, at 24 N.J.R.4462, November 30,
1992.
COUNCIL
Shall mean the Township Council of the Township of Cherry
Hill, County of Camden, State of New Jersey.
LAW
Shall mean Amusement Games Licensing Law N.J.S.A. 5:8-78
through N.J.S.A. 5:8-119 inclusive.
RECOGNIZED AMUSEMENT PARK
Shall mean a commercially operated permanent business open
to the public at least thirty-one (31) consecutive days annually,
whose acreage is designed and themed for the primary purpose of providing
participatory amusements incorporating rides or water slides licensed
in accordance with N.J.S.A. 5:3-31 et seq., and food and merchandise
concessions in permanent structures.
REDEMPTION AMUSEMENT GAME
Shall mean any amusement game(s), whether of skill or chance,
or both, and whether the game is played and operated with or without
numbers or figures, played for amusement or entertainment, in which
the person or player actively participates and the outcome of which
is not in the control of the operator, and which is so conducted that
the sale of a right to participate, the event which determines whether
a player wins or loses and the award of the merchandise prize all
occur as a continuous sequence at the time when and place where the
player or players are all present.
REGULATIONS
Shall mean New Jersey Administrative Code Title 13, Chapter
3.
TOWNSHIP
Shall mean the Township of Cherry Hill, County of Camden,
State of New Jersey.
[Ord. #2009-12, 8-10-09]
a. It shall be unlawful for any person to own or operate within the
Township any redemption amusement game without first having obtained
a proper license from the Township and the Commission. The license
shall be issued only pursuant to the provisions of the Law and this
chapter.
b. Each applicant for such a license shall file with the Township Clerk
a written application therefor in the form prescribed by the Commission
duly executed and verified together with the fees specified by Law
and this section.
c. Each license issued by the Township shall be inoperative unless the
licensee named therein shall also, within ninety (90) days from the
issuance thereof and prior to the conduct or operation of amusement
games thereunder, procure a State license authorizing the licensee
holding the Township license to operate and conduct certain games
according to the terms of the Township license.
[Ord. #2009-12, 8-10-09]
a. Issuance. Upon the applicant's compliance with all applicable
requirements of this section, the Township Council shall by resolution
authorize the issuance of a license. Said resolution shall specifically
recite the finding of the Township Council that the premises to be
licensed are located in a recognized amusement park. Promptly following
the date of the resolution, the Township Clerk shall issue the license
certificate or certificates authorized thereby and shall forward to
the Commission a certified copy of the resolution, a copy of the application,
a counterpart original of the license certificate and the license
fees payable to the Commission as hereinafter provided.
b. License Term. Each license issued pursuant to this section shall
be for a term of the calendar year which next follows the date of
such resolution or if the applicant shall so request, for a term which
commences on the date of the resolution and which expires on December
31 next following such date provided, however, that the license so
issued shall be inoperative unless and until the licensee named therein
shall also, within ninety (90) days from the issuance thereof and
prior to the conduct or operation of redemption amusement games thereunder,
procure and receive from the Commission, a State license authorizing
the licensee holding the Cherry Hill Township license to operate and
conduct certain redemption amusement games according to the terms
of such Cherry Hill Township license, and any license hereunder shall
also be inoperative during any period of suspension or revocation
of such State license.
c. License Certificate.
1. The license certificate shall be in the form prescribed by the Commission
and shall set out on the face thereof:
(a)
The name of the licensee;
(b)
The address of the licensed premises and such further description
or limitation upon the licensed premises as may be provided in the
application or the said resolution;
(c)
The certification category of the kinds of games licensed and
in the case of arcade games, the number thereof;
(d)
The amount of fee paid; and
(e)
A statement of the dates between which and the hours between
which such games may be conducted.
2. Each license certificate shall be issued in triplicate, the original
to be delivered to the applicant, with one (1) copy to the Commission,
as aforesaid, and the remaining copy to be retained by the Township
Clerk.
d. Display. Each license certificate and all other information required
under the Amusement Games Licensing Law to be posted upon licensed
premises shall be conspicuously displayed at the place or places where
the redemption amusement games are to be conducted, at all times during
the conduct thereof.
[Ord. #2009-12, 8-10-09]
a. There shall be issued to an applicant who shall qualify a separate
license for each place at which the licensee is authorized to hold,
operate and conduct such redemption amusement games. The annual license
fee for each place shall be two hundred fifty ($250.00) dollars. In
the event that the license is denied or the application therefor is
withdrawn, the Township shall retain twenty-five (25%) percent of
the application fee as an investigation fee, and the balance shall
be returned to the applicant.
b. A separate Township license shall be issued for each specific kind
of game authorized to be held, operated and conducted on the licensed
premises by the licensee, except that a single license may be issued
for all games classified under Certification No. 2 (arcade games)
pursuant to N.J.A.C. 13:3-7.9(a) 2 and operated in an arcade at a
single location.
c. As a condition of granting an amusement game license the applicant
therefor shall pay to the Township an annual fee of two hundred fifty
($250.00) dollars per game for games in Certifications 1 (throw games),
3 (non-draw raffle games), 4 (competitive games), 5 (games of chance-stop
and go game), 6 (guessing games), 7 (tests of strength), 8 (miscellaneous
games) and 9 (pan game, crazy ball and crazy block).
d. An applicant who is the owner of an arcade shall pay to the Township
an annual fee of two hundred fifty ($250.00) dollars for the first
fifty (50) machines in Certification 2, plus an additional fee of
ten ($10.00) dollars per machine for each machine in excess of fifty
(50) machines operated or to be operated at the arcade.
e. No licensee shall hold, operate or conduct on the licensed premises
any unlicensed game required to be licensed pursuant to the Amusement
Games Control Law or the Amusement Games Licensing Law or the Legalized
Games of Chance Control Commission Regulations.
[Ord. #2009-12, 8-10-09]
a. No license shall be issued to authorize the operation and conduct
of any amusement game in the Township unless the game is:
1. Played for amusement or entertainment;
2. One in which the person or player actively participates;
3. One in which the outcome is not in the control of the operator; and
4. One which is so conducted that when and where all of the players
are present there occurs in continuous sequence:
(a)
The sale of a right to participate;
(b)
The event which determines whether a player wins or loses; and
(c)
The award of a merchandise prize or tokens or tickets which
may be accumulated or immediately redeemable for a merchandise prize.
b. No licensee shall hold, operate or conduct or allow, permit or suffer
the holding, operation or conduct of any amusement game on the licensed
premises during hours or on days prohibited by municipal ordinance
or during hours or on days not authorized by the license as indicated
on the license certificate.
c. Bingo or Raffles. No license shall be issued under the law or this
section to authorize the holding, operation or conduct of any bingo
game nor for any draw raffle.
d. Certification Requirements for Amusement Game. No license shall be
issued to authorize the holding, operation or conduct of any game
not certified as permissible by Commission pursuant to N.J.A.C. 13:3-7,
Certification, and any license issued with respect to any certified
game shall authorize it to be held, operated and conducted only with
the limitations and restrictions of its Certification.
[Ord. #2009-12, 8-10-09]
No Township license shall be issued to any applicant if any
of the persons required by N.J.A.C. 13:3-1.11 to be fingerprinted
in connection with the application are not of good moral character
or have ever been convicted of a crime unless the disqualification
resulting from such conviction has been removed by the Commission
pursuant to P.L. 1962, c.200.
[Ord. #2009-12, 8-10-09]
a. Each individual applicant, the officers, directors and stockholders
(including the officers, directors and stockholders of any corporation
holding five (5%) percent or more of the capital stock) of any corporate
applicant, as well as the partners or members as the case may be,
of any partnership, association, or organization applicant, upon filing
of an initial application or any employee of an applicant, may, if
so required by the Commission or Township, be fingerprinted under
the supervision of the Township Chief of Police.
b. The fingerprint records so obtained shall be marked "Applicant" and
shall be submitted to the Federal Bureau of Investigation and the
New Jersey State Police Bureau of Identification and upon receipt
of returns from such Bureaus, the Chief of Police shall make a report
thereof to the Council, together with a report of any other arrest
or conviction record which may be obtained from other sources.
c. Failure or refusal of any of the above-designated persons to submit
to fingerprinting shall be deemed cause for denial of the application.
d. Any fees for fingerprinting or any other investigations shall be
paid for by the applicant.
[Ord. #2009-12, 8-10-09]
a. No licensee shall employ in any capacity on the licensed premises
any person who would fail to qualify as a licensee by reason of conviction
of a crime or otherwise.
b. The licensee may require employees to complete an application or
affidavit certifying the employee's eligibility for employment
under the terms of this section.
[Ord. #2009-12, 8-10-09]
No licensee shall employ or have connected with him in any business
capacity whatsoever any adult person who refuses to submit himself
or herself for fingerprinting when required to do so by any agent
of the Township or the Commission.
[Ord. #2009-12, 8-10-09]
a. In the event the Township determines the license should not be granted,
the applicant shall be granted a hearing, held on due notice to the
applicant, at which time the applicant shall be entitled to be heard
upon the qualifications of the applicant and the merits of the application.
Said hearing process shall be established by the Township.
b. Any license may be amended, upon application to the Township, a copy
of which application must be submitted to the Commission, if the subject
matter of the proposed amendment could lawfully and properly have
been included in the original license, and upon payment of such additional
license fee, if any, as would have been payable.
c. Notice of any such amendment shall be certified to the Commission
by the Township within three (3) days, along with a twenty-five ($25.00)
dollars amendment fee, payable by the licensee to the Commission.
d. No licensee who has applied for an amended license shall operate
a game other than that which has been licensed by the Township and
the Commission until an amended license certificate has been issued.
e. Whenever any change shall occur in the facts as set forth in any
application for a license, the licensee shall file with the Commission
and the Township a notice in writing of such change within ten (10)
days after the occurrence which notice of change shall become part
of the application.
[Ord. #2009-12, 8-10-09]
a. No licensee shall hold, operate, conduct or allow any amusement game
on the licensed premises, unless a current, original license certificate
is conspicuously posted.
b. The license certificate shall be maintained in a manner so that it
may be easily read.
c. The license certificate shall be presented upon request without delay
or interference to:
1. An authorized representative of the licensing municipality;
2. Commission member or a Commission representative; or
3. A member of the general public.
d. The person requesting the license certificate shall be afforded the
opportunity to review and record any and all information on the license
certificate.
e. A photocopy or other reproduction of the license certificate shall
not be acceptable for purposes of compliance with this section. The
original license certificate shall not be photocopied or reproduced.
[Ord. #2009-12, 8-10-09]
a. In case of death, bankruptcy, receivership or incompetency of the
licensee, or if for any other reason the operation of the business
covered by the license shall devolve by operation of law upon a person
other than the licensee, application for extension of the license
for a limited time, not exceeding its term, shall be made promptly
by the executor, administrator, trustee, receiver or other person
upon whom operation of the business covered by the license shall have
devolved by operation of the law.
b. Application for such extension shall be made in the form of a petition
addressed to and acted upon by the municipal Governing Body.
c. If the petition for extension is granted, the license certificate
shall be appropriately endorsed by the municipal Governing Body without
fee and a report of the extension shall be made to the commission
by the municipal Governing Body within ten (10) days.
[Ord. #2009-12, 8-10-09]
a. Control and Supervision of Amusement Games by Municipality; Suspension
and Revocation of License; Hearing; Right of Entry.
1. The Township and the Commission shall have and exercise control and
supervision over all amusement games held, operated or conducted under
any amusement game license, issued to the end that the game(s) are
fairly held, operated and conducted in accordance with the provisions
of the license, the rules and regulations promulgated by the commission
and the provisions of this chapter governing the holding, operation
and conduct of the game(s).
2. The Township and the Commission shall have power and authority to
suspend any license issued by the Township and to evoke the same,
after hearing, for any violation of the law or this chapter, and shall
have the right of entry, by its officers and agents at all times into
any premises where any such amusement game(s) is being held, operated
and conducted or where it is intended that any such amusement game(s)
shall be held, operated and conducted, or where any equipment being
used or intended to be used in the conduct thereof is found, for the
purpose of inspecting the same.
b. Offenses; Violators as Disorderly Persons; Forfeiture of Licenses.
Any person, association or corporation who or which shall make any
false statement in any application for an amusement game license or
shall fail to keep such books and records as shall fully and truly
record all transactions connected with the holding, operating or conducting
of amusement games under any such license or shall falsify or make
any false entry in any books or records so far as they relate to any
transaction connected with the holding, operating and conducting of
any amusement game under any such license or shall violate any of
the provisions of the law or this chapter or of any term of such license
shall be a disorderly person and if convicted as such shall, in addition
to suffering any other penalties which may be imposed, forfeit any
license issued to it under the law or this chapter.
c. Gambling on Licensed Premises. No licensee shall allow on the licensed
premises any playing for money or other valuable thing at any game
other than that permitted by the license issued pursuant to the application
and description of the game for that licensed premises, and in no
event shall any prize be conditioned in any way upon any occurrence
at or upon the outcome of any athletic sporting game or contest or
lottery.
d. Licensee Responsible for Acts of Employees.
1. In any disciplinary proceedings to suspend or revoke any amusement
games license, it shall be sufficient, in order to establish the guilt
of the licensee, to show that the violation was committed by an agent,
servant or employee of the licensee.
2. The fact that the licensee did not participate in the violation or
that his agent, representative or employee acted contrary to instructions
given to him by the licensee or that the violation did not occur in
the licensee's presence, shall constitute no defense to the charges
preferred in such disciplinary proceedings.
e. Tickets or Tokens Awarded; Expiration; Arcade with Other Games.
1. There shall be no limit on the time within which tokens or tickets
must be redeemed in any arcade licensed pursuant to N.J.A.C. 13:3-7.9(a)2
under Certification No. 2,
2. The transfer of ownership of any arcade licensed by the Township
under Certification Nos. 2, N.J.A.C. 13:3- 7.9(a)2 shall specifically
provide that all tickets and tokens awarded by the transferor shall
be honored by the transferee.
3. All winners shall be determined and all prizes or tickets or tokens
that may be accumulated for a prize shall be awarded in any game forthwith
upon the completion of the game and before making or accepting any
charge for participation in any subsequent game or play.
4. Where games licensed and certified pursuant to N.J.A.C. 13:3-7.9(a)1,
3, 5, 6, 7, 8 or 9 are operated in conjunction with an arcade licensed
pursuant to N.J.A.C. 13:3-7.9(a)2 under Certification No. 2, the arcade
licensee may also award as prizes, tickets or tokens redeemable toward
merchandise prizes available in the arcade, provided that the value
of any single prize ticket shall not permit redemption for a prize
valued in excess of an average retail value prescribed by N.J.A.C.
13:3-3 .5(d) . Such tickets may be combined with tickets or tokens
awarded in the arcade for redemption purposes.
f. Redemption of Prize or Cash.
1. No licensee shall redeem for money or for the playing of any additional
game, any prize, ticket or token or allow, permit or participate in
such redemption.
2. Notwithstanding paragraph f1 above, a licensee may, at the conclusion
of the game and at the player's option, award an additional game
as a prize when operating an amusement game certified pursuant to
N.J.A.C. 13:3-7.9(a)2.
g. Deceptive, Fraudulent or Misleading Advertising or Practice; Conduct
of Games.
1. No licensee shall allow or engage in any deceptive, misleading or
fraudulent advertising or practice in connection with the holding,
operating or conducting of any licensed game.
2. All games, including free, sample or tryout games, must be conducted
in their original certified form. No licensee or operator shall demonstrate
any game from any position other than the position from which the
player will participate.
3. All prizes that are available to be won shall be displayed, and requirements
to win such prizes shall be clearly stated. If multiple wins are required
for a prize, such requirements shall be clearly posted.
h. Maximum Fee for Participation in Game.
1. No licensee shall charge or accept, directly or indirectly, more
than prescribed by N.J.A.C. 13:3-3.15(a) from any one player for an
opportunity to participate in any one amusement game.
2. All prizes, or tickets or tokens redeemable for a prize, awarded
in a game shall be awarded immediately upon completion of the game
and before making or accepting a charge for participation in any subsequent
game.
3. No charge may be made or accepted for participation in a game in
excess of the posted charge for the opportunity to participate in
the game. Nothing in this section shall be construed to prohibit a
licensee from offering a discounted entry fee for multiple opportunities
to participate in a single game not in excess of that prescribed by
N.J.A.C. 13:3-3.4.
4. Upon receipt of currency greater than the charge to play a game,
the licensee shall immediately remit the appropriate change to the
player. Debit cards do not constitute currency, but only the charge
shall be deducted from the debit card.
i. Hindering Inspection or Investigation. No licensee or employee, agent
or representative shall, directly or indirectly, hinder or delay or
cause the hindrance or delay of any investigation by the Commission
or the municipal Governing Body or its agents, or fail to facilitate
such inspection or investigation in anyway whatsoever.
j. Incorporating Provisions of Law, Regulations and this Section. Each
provision of the Amusement Games Control Act N.J.S.A. 5:8-78 through
N.J.S.A. 5:8-99 inclusive, Amusement Games Licensing Law, N.J.S.A.
5:8-100 through N.J.S.A. 5:8-119 inclusive and the regulations promulgated
by the Commission, governing the licensing and operation of Amusement
Games N.J.A.C. 13:3-1 through N.J.A.C. 13:3-7.9 inclusive, including
any amendments thereto duly enacted subsequent to the effective date
of this section are by reference hereby incorporated as provisions
of this section as if they were herein at length set forth. Any violation
of any provision of law or regulations by a licensee shall be a violation
not only of the law or regulation, but also of this section. Any duty
or responsibility of a licensee set forth in the law or regulations
is also of a duty or responsibility of the licensee under this section.
[Ord. #2009-4, 3-9-09]
The purpose of this section is to implement the provisions of
P.L. 2007, c.209 (C.40:48-2.60 et seq.) establishing guidelines for
the use of charitable clothing bins/donation clothing bins throughout
the Township of Cherry Hill.
[Ord. #2009-4, 3-9-09]
Notwithstanding any other provision of law to the contrary,
no person shall place, use or employ a charitable clothing bin/donation
clothing bin for solicitation purposes, unless all of the following
requirements are met:
a. Permit. The person has obtained a permit, valid for a specified period
of time, from the Department of Community Development of the Township
of Cherry Hill. In applying for such a permit, the person shall include:
1. The location where the bin would be situated, as precisely as possible;
2. The manner in which the person anticipates any clothing or other
donations collected via the bin would be used, sold or dispersed,
and the method by which the proceeds of the collected donations would
be allocated or spent;
3. The name and telephone number of the bona fide office of any entity
which may share or profit from any clothing or other donations collected
via the bin; and
4. Written consent from the property owner to place the bin on his property.
b. Renewal of Permit. An expiring permit for a charitable clothing bin/donation clothing bin may be renewed upon application for renewal and payment of fees outlined in subsection
6-17.3. Such application shall include:
1. The location where the bin is situated, as precisely as possible,
and, if the person intends to move it, the new location where the
bin would be situated after the renewal is granted, and written consent
from the property owner to place the bin on his property;
2. The manner in which the person has used, sold or dispersed any clothing
or other donations collected via the bin, the method by which the
proceeds of collected donations have been allocated or spent and any
changes the person anticipates it may make in these processes during
the period covered by the renewal; and
3. The name and telephone number of the bona fide office of any entity
which shared or profited from any clothing or other donations collected
via the bin, and of any entities which may do so during the period
covered by the renewal.
c. Denial of Permit. The Department of Community Development of the
Township of Cherry Hill shall not grant an application for a permit
to place, use or employ a charitable clothing bin/donation clothing
bin if it is determined that the placement of the bin could constitute
a safety hazard. Such hazards shall include, but not be limited to,
the placement of a donation clothing bin within one hundred (100)
yards of any place which stores large amounts of, or sells, fuel or
other flammable liquids or gases.
d. Display of Permit Information. The permit number and its date of
expiration shall be clearly and conspicuously displayed on the exterior
of the donation clothing bin, in addition to the information required
pursuant to paragraph a of this subsection.
1. The following information must clearly and conspicuously be displayed
on the exterior of the charitable clothing bin/donation clothing bin:
(a)
The name and address of the registered person who owns the bin,
and of any other entity which may share or profit from any clothing
or other donations collected via the bin;
(b)
The telephone number of the person's bona fide office and,
if applicable, the telephone number of the bona fide office of any
other entity which may share or profit from any clothing or other
donations collected via the bin. For purposes of this subsection,
an answering machine or service unrelated to the person does not constitute
a bona fide office;
(c)
In cases when any entity other than the person who owns the
bin any share or profit from any clothing or other donations collected
via the bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected via
the bin, their proceeds, or both, may be shared or given entirely
to an entity other than the person who owns the bin, and identifying
all such entities which may share or profit from such donations; and
(d)
A statement, consistent with the information provided to the
Department of Community Development of the Township of Cherry Hill,
in the most recent permit or renewal application indicating the manner
in which the person anticipates any clothing or other donations collected
via the bin would be used, sold or disbursed, and the method by which
the proceeds of collected donations would be allocated or spent.
[Ord. #2009-4, 3-9-09]
The fee for use of a charitable clothing bin/donation clothing
bin as follows:
Permit fee: $25.00
Renewal fee: $25.00 per renewal
[Ord. #2009-4, 3-9-09]
All complaints received from the public regarding a charitable
clothing bin/donation clothing bin shall be investigated within thirty
(30) days by the Department of Community Development of the Township
of Cherry Hill. Whenever it appears to the Department of Community
Development of the Township of Cherry Hill that a person has engaged
in, or is engaging in any act or practice in violation of this section,
the person who placed the bin shall be issued a warning stating that
if the violation is not rectified or a hearing with the appropriate
municipal agency is not requested within forty-five (45) days, the
bin will be seized or removed at the expense of the person who placed
the bin, and any clothing or any donations collected via the bin will
be sold at public auction or otherwise disposed of. In addition to
any other means used to notify the person who placed the bin, such
warning shall be affixed to the exterior of the bin itself.
In the event the person who placed the bin does not rectify
the violations or request a hearing within forty-five (45) days of
the posting of the warning, the Department of Community Development
of the Township of Cherry Hill may seize the bin, remove it or have
it removed at the expense of the person who placed the bin and sell
it at public auction or otherwise dispose of any clothing or other
donations collected via the bin. Any proceeds from the sale of the
donations collected via the bin shall be paid to the Chief Financial
Officer of the Township of Cherry Hill.
In addition to any other penalties or remedies authorized by
the laws of the State of New Jersey, any person who violates any provision
of this section which results in the seizure of the charitable clothing
bin/donation clothing bin shall be:
a. Subject to a penalty of up to twenty thousand ($20,000.00) dollars
for each violation. The Township of Cherry Hill may bring this action
in the municipal court or the Superior Court of New Jersey as a summary
proceeding under the "Penalty Enforcement Law of 1999," P.L. 1999,
c.274 (C.2A:58-10 et seq.) and any penalty monies collected shall
be paid to the Chief Financial Officer of the Township of Cherry Hill;
and
b. Deemed ineligible to place, use or employ a charitable clothing bin/donation
clothing bin for solicitation purposes pursuant to Section 2 of P.L.
2007. A person disqualified from placing, using or employing a charitable
clothing bin/donation clothing bin by violating provisions of P.L.
2007 may apply to the appropriate municipal agency to have that person's
eligibility restored. The Department of Community Development of the
Township of Cherry Hill may restore the eligibility of a person who:
1. Acts within the public interest; and
2. Demonstrates that he made a good faith effort to comply with the
provisions of P.L. 2007 and all other applicable laws and regulations
or had no fraudulent intentions.
[Ord. # 2013-3, 1-28-13]
New Jersey Administrative Code (N.J.A.C.) provides for nonprofit
organizations to hold certain raffles and bingo games.
Within the Township of Cherry Hill various nonprofit organizations
seek to conduct raffles and bingo games.
In accordance with New Jersey statutes and regulations, all
raffle and bingo games license applications are reviewed by the Municipal
Clerk and by the Cherry Hill Township Police Records unit to ensure
that all applicants associated with said applications are qualified
to conduct such games, in accordance with New Jersey State Statutes
and Legalized Games of Chance Control Commission Regulations.
N.J.A.C. defines "issuing authority" for such licensing as "the
governing body of a municipality or a person to whom a municipal governing
body has delegated by ordinance the authority to approve the granting
of raffle and bingo licenses.
Cherry Hill Township wishes to enable all nonprofit organizations
to hold raffles and bingo games to benefit their organizations and
issue said licenses without unnecessary delay.
The Cherry Hill Township Municipal Clerk, also known as "The
Township Clerk" is hereby delegated the authority to act as the "issuing
authority" to approve the granting of raffle and bingo licenses within
the Township of Cherry Hill.
[Ord. # 2013-10, 2-11-13]
The purpose and intent of this section is to assist law enforcement
officials and victims of crime in recovering stolen precious materials,
gems, gemstones and/or other articles by requiring minimum reporting,
maintenance and distribution criteria for secondhand and transient
dealers.
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, 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 Township of Cherry Hill without having first obtained a
license from the Township of Cherry Hill.
[Ord. # 2013-10, 2-11-13]
For the purposes of this section, the following terms, phrases,
words and their derivations shall have the meanings ascribed herein.
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.
ACCEPTABLE IDENTIFICATION
Shall mean acceptable forms of identification which 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.
ARTICLE
Shall mean 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.
CHIEF OF POLICE
Shall mean the Chief of Police of the Township of Cherry
Hill or his designee/representative.
DATABASE
Shall mean a computerized internet capable database with
hardware and software compliant to that set by the Chief of Police.
DEALER
Shall mean 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.
DESIGNATED VENDOR
Shall mean a person or entity that 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 Township of Cherry Hill.
GIFT CARD
Shall mean a restricted monetary equivalent or script that
is issued by retailers or banks to be used as an alternative to a
non-monetary gift.
ITINERANT BUSINESS
Shall mean any business conducted intermittently within the
Township of Cherry Hill or at varying locations.
PERSON
Shall mean any individual natural person, partnership, joint
venture, business, society, associate, club, trustee, trust, corporation,
or unincorporated group, or an officer, agent, employee, servant,
factor or any form of personal representative of any thereof, in any
capacity, acting for self or on behalf of another.
PRECIOUS METALS
Shall be comprised of gold, silver, 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.
PUBLIC
Shall mean individuals and retail sellers, not to include
wholesale transactions or transactions between other merchants.
PURCHASE
Shall mean the exchange of money and the exchange, deposit,
pledge, sale, conveyance or trade of any tangible or intangible article.
REPORTABLE TRANSACTION
Shall mean every transaction conducted by a dealer in which
precious metals, or other tangible property, are purchased or exchanged
from or with the public.
SECONDHAND GOODS
Shall mean any article previously sold, acquired, exchanged,
conveyed, traded or otherwise formerly owned, including but not limited
to scrap gold, old gold, silver, jewelry, home electronics/audio and
visual equipment, telephones and telephonic equipment, scales, computers,
computer hardware and software, coins, electronic tablets, cameras,
scanners, sporting goods of all kinds, antiques, platinum, all other
precious metals, tools of all kinds, televisions, DVRs, GPS, camcorders,
car stereos, gift cards, furniture, clothing or other valuable articles.
TRANSIENT BUYER
Shall mean a dealer who has not been in any retail business
continuously for at least six (6) months at any address in the municipality
where the dealer is required to register or who intends to close out
or discontinue all retail business in the Township of Cherry Hill
within six (6) months. Or as so defined in N.J.S.A 51:6A-5 and N.J.A.C.
13:47C-1.1.
[Ord. # 2013-10, 2-11-13]
a. Initial License Application Process.
Every dealer intending on conducting business with the jurisdiction
of the Township of Cherry Hill shall first make application to the
Township Clerk and shall set forth the name and address of dealer,
his or her age, whether or not he or she is a citizen of the United
States and whether or not he or she has been convicted of a crime,
the place of conviction, and the date thereof.
A dealer of precious metals, gems or gemstones or second hand
goods shall, prior to buying, attempting to buy or offering to buy
shall be required to be fingerprinted and shall consent to an investigation
of the applicant's moral character and business responsibility
as deemed necessary, by the Cherry Hill Township Police Department,
for the protection of the public welfare. In the event that the dealer
is a business entity other than a sole proprietorship, the officers
in a corporation or the partners in a partnership (or limited partnership)
shall be deemed to be the applicant(s) who shall be fingerprinted
and investigated in accordance with this section.
Upon initial application to the Township Clerk, each dealer
shall be provided with an application prescribed by the Cherry Hill
Township Police Department and shall provide the following information
on said application:
1. Name and address of dealer;
2. Address from which dealer shall conduct business;
3. Copy of valid zoning and/or construction permits from the Township
of Cherry Hill;
4. Proof that dealer has obtained computer equipment and software required in subsection
6-19.6 of this section, for purposes of reporting all transaction data in electronic format to the Cherry Hill Police Department.
b. Contingency. Upon completion of the investigation, the Chief of Police
shall either approve or deny the license based upon the results of
the Cherry Hill Township Police investigation. No license shall be
issued without the approval of the Chief of Police or his or her designee.
[Ord. # 2013-10, 2-11-13]
a. Each application for a dealer of secondhand goods license shall be
accompanied by an annual fee of three hundred ($300.00) dollars payable
to the Township Clerk by January 10th annually.
b. A license issued under the provisions of this section shall not be
transferable and shall terminate on December 31st of the year in which
said license is issued.
c. No license fee shall be pro-rated.
[Ord. # 2013-10, 2-11-13]
a. Licenses issued under the provisions of this section may be revoked
by the Chief of Police after a hearing upon notice to the applicant
for any of the following causes:
1. Fraud, misrepresentation, or false statement contained in the application
for license;
2. Fraud, misrepresentation, or false statement made in the course of
carrying on the business of purchasing secondhand precious metals,
gems, and jewelry;
3. Any violation of this section;
4. Conviction of any crime or disorderly persons offense involving moral
turpitude; and
5. Conducting the business of soliciting or canvassing in an 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.
b. Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five (5)
days prior to the date set for the hearing.
[Ord. # 2013-10, 2-11-13; Ord. # 2014-8]
Every dealer within the Township of Cherry Hill shall, upon
the purchase of any precious metals, or second hand goods from the
public, be required to do as follows:
a. 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; 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 Township of Cherry Hill.
b. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, enter all transaction into the electronic database within forty-eight (48) hours from the date of purchase. The information entered will contain the information in subsection
6-19.6a above, plus the following:
1. A physical description of the seller;
3. A full description of the item or items purchased, including but
not limited to, marks, numbers, dates, sizes, shapes, initials, monograms
and serial numbers;
4. The price paid for the item;
5. The form must be signed by the seller;
6. The form must be legibly initialed by the clerk or the dealer who
made the transaction so as to readily identify that individual;
7. A color photograph or color image of the seller's presented
identification;
8. A color photograph or color image of all items sold. When photographing
or imaging all items must be positioned in a manner that makes them
readily and easily identifiable;
9. Items should not be grouped together when photographing or imaging;
each item will have its own color photograph or color image.
c. Pursuant to N.J.S.A. 2C:21-36 the precious metals are to be made
available for inspection by the Chief of Police of the Township of
Cherry Hill for a period of (10) business days from the date the information
required above is received by the Chief of Police 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 10-day period has expired. During this
10-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 dealer by holding the precious
metals for such period, the dealer may present the property to the
Chief of Police in order that it may be photographed and, if deemed
necessary by the Chief of Police, an investigation be implemented.
The Chief of Police has the authority to grant the dealer a waiver
of the requirement under this section.
d. In the event a database failure, or dealer's computer equipment
malfunction, all transaction information is required to be submitted
on paper forms approved by the Chief of Police. In the event that
paper forms are used, the dealer is responsible to enter all transaction
information into the database as soon as possible upon the dealer's
equipment being repaired or replaced, or the database coming back
into service. Failure by the dealer to properly maintain computer
equipment in a reasonable fashion, or failure by the dealer to replace
faulty computer equipment, may result in the dealer being cited for
a violation of the ordinance and subsequently being subject to the
penalties for doing so.
e. Dealer payment to the sellers in cash shall be limited to two (2)
transactions during a seven (7) day period for the same seller. The
seven (7) day period will commence on the day of the first transaction
and end seven (7) days after the transaction, i.e. if transaction
#1 occurs on Monday the seven (7) day period ends on Sunday. Furthermore,
no cash payments shall be made to the same sellers who make more than
five (5) transactions in any given thirty (30) day period. Sellers
making transactions over the number of prescribed 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 Cherry Hill 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.
g. All other secondhand goods, not described as precious metals, are
to be made available for inspection by the Chief of Police of the
Township of Cherry Hill for a period of three (3) business days from
the date the information required is received by Chief of Police on
the approved form. The secondhand goods, not described as precious
metals, shall remain in the same condition as when purchased and shall
not be changed, modified, or disposed of by the purchaser until the
3-day period has expired. During this 3-day period, the secondhand
goods, not described as 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 dealer by holding the
secondhand goods for such period, the dealer may present the property
to the Chief of Police in order that it may be photographed and, if
deemed necessary by the Chief of Police, an investigation be implemented.
The Chief of Police has the authority to grant the dealer a waiver
of the requirement under this section.
[Ord. # 2013-10, 2-11-13]
This section shall not apply to purchases made by jewelers or
other dealers from wholesalers or other suppliers, but shall only
apply to those purchases made from the public or other retail purchases.
The dealer shall keep records of all wholesale purchases for a period
of six (6) months from the date of such purchase, which records shall
be opened to investigation by the Cherry Hill Township Police Department.
[Ord. # 2013-10, 2-11-13]
No dealer within the Township of Cherry Hill shall purchase
any precious metals from any person under the age of eighteen (18)
years.
[Ord. # 2013-10, 2-11-13]
Violation of any provision of this section shall, upon conviction
thereof, be punished by a minimum fine of one hundred ($100.00) dollars
or a maximum of two thousand ($2,000.00) dollars or by imprisonment
for a term not exceeding ninety (90) days or by a period of community
service not exceeding ninety (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
ten (10) day suspension. Any person who is convicted of violating
the provisions of this Chapter 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 fine 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.