All annual licenses required by law in the township shall be
issued for the calendar year. Licenses issued under the rules and
regulations of the Alcoholic Beverage Control are hereby exempt from
the provisions of this chapter.
Any license or permit issued under the provisions of this chapter
or any chapter of this revision or any ordinance of the township may
be revoked by the officer issuing such license, after notice and hearing,
for any of the following causes:
a.
Fraud, misrepresentation or false statement contained in any application
for permit or license.
b.
Fraud, misrepresentation or false statement in the conduct of any
business or activity authorized by such license.
c.
Any violation of this chapter.
d.
Conviction of any crime or misdemeanor involving moral turpitude.
e.
Conducting any business or activity under any license or permit in
an unlawful manner or in such manner as to constitute a breach of
the peace or to constitute a menace to the health, safety or general
welfare of the public.
Notice of the hearing for revocation of a license or permit
shall be given in writing setting forth specifically the grounds of
complaint and the time and place of hearing. Such notice shall be
mailed to the licensee at his last known address at least five days
prior to the date set for the hearing.
Any person aggrieved by the denial of any application for permit or license or a revocation of same or the refusal to renew same may appeal to the township committee by filing with the township clerk within 14 days after the aggrieved person has been notified of the action complained of, a written statement setting forth the grounds of the appeal. The township committee shall set a time and place for a hearing on such appeal and notice shall be given to the appellant in the manner provided in subsection 4-1. 3. The decision and order of the township committee on such appeal shall be final and conclusive.
A license applied for under this chapter shall not be issued
if taxes and/or assessments are delinquent on property owned by the
applicant that is the subject of the license or on which a licensed
activity or business is or will be conducted. A license issued under
this chapter shall be suspended if taxes or assessments due on property
owned by the applicant that is affected by the license or upon which
the licensed business or activity is conducted are unpaid for three
or more consecutive quarters, provided that, upon payment of the delinquent
taxes or assessments, the license shall be restored. Notice of a license
suspension hereunder shall be mailed to the licensee at his last known
address.
No person shall sell or cause or permit to be sold at auction
or otherwise, as hereinafter provided, any property, goods, wares
or merchandise within the township without obtaining a license from
the Township of Roxbury.
The form on which application shall be made for an auctioneer's
license shall require the following information:
a.
Name of the applicant.
b.
Residence and business address of the applicant.
c.
The length of time for which an auctioneer's license is desired.
d.
The character of the property, goods, wares or merchandise which
the applicant will sell at auction.
e.
The name or names of the owner or owners of the premises upon which
the auctions will take place, including the lot or contiguous lots
upon which separate and distinguishable commercial activities will
take place with such auctions.
f.
A brief description of all physical improvements contemplated or
now existing on such lot or contiguous lots as described in paragraph
e., including buildings and other structures, parking areas, exits
and entrances, sanitary facilities, signs, outdoor lighting, and other
businesses, concessions and departments to be operated, and the location
of same within the existing or proposed buildings.
g.
A statement of the property interest such applicant has in such lot
or contiguous lots as set forth in paragraph e.
h.
A statement as to whether the applicant holds or has held an auctioneer's
license from any State, municipality,' governing body or licensing
authority; a list of such licenses and a statement of the time, place
and by whom issued; a statement as to whether any such authority has
ever refused to issue or to renew an auctioneer's license to
the applicant, together with a brief statement as to the reasons for
any such refusal; a statement as to whether any such authority has
ever revoked an auctioneer's license held by the applicant, together
with a brief statement as to the reasons for any such revocation.
The term "auctioneer's license," as used above, shall be held
to include in its meaning any special permits or permit to conduct
an auction.
i.
A statement as to whether or not the applicant has ever been convicted
of any crime, misdemeanor, or violation of any municipal ordinance,
and, if so, the nature of the offense.
j.
A photograph of the applicant taken within 60 days immediately prior
to the date of the filing of the application, which picture shall
be two inches by two inches, showing the head and shoulders of the
applicant in a clear and distinguishing manner.
k.
The names of at least two reliable property owners of the County
of Morris, State of New Jersey, who will certify as to the applicant's
good moral character and business responsibility, or in lieu of the
names of references, any other available evidence as to the good moral
character and business responsibility of the applicant. This requirement
need only be met on the first application.
The fee for an auctioneer's license shall be as set forth in Chapter XXIV, subsection 24-4.1.
Every applicant for an auctioneer's license shall file
with the licensing officer a surety bond running to the Township of
Roxbury in an amount to be determined by the licensing officer, not
to exceed the amount of three thousand ($3,000.00) dollars, provided
by surety approved by the Commissioner of Banking and Insurance under
the statutes of the State of New Jersey, such bond conditioned so
that the applicant, if issued an auctioneer's license, will comply
fully with all provisions of the ordinances of the township and the
Statutes of the State of New Jersey concerning auctions and auctioneers,
will not practice any fraud or deceit upon bidders or purchasers of
property from him at any auction sale or suffer or permit any person
in his employ to practice any such fraud or deceit, and will pay all
damages which may be sustained by any person by reason of any fraud,
deceit, negligence, or other wrongful act on the part of the licensee,
his agent or employees, in the conduct of any auction or in the exercise
of the calling of auctioneers. In lieu of such bond, the applicant
may deposit the equivalent amount in cash with the township treasurer,
such deposit to be held in a separate account by said treasurer, such
account conditioned on the same provisions included under surety bonds.
No meats, groceries or provisions, dry goods or merchandise
or goods and chattels shall be sold on the same premises wherein auctions
or auctioneering is being conducted except in compliance with the
provisions of this section in the same manner as required for auctions
and auctioneers, including all separate and distinguishable businesses,
concessions and departments. Any person intending to or engaging in
any such sales separate and apart from auctions or auctioneering shall
procure a license in the same manner and subject to the regulations
and restrictions as provided in this section for auctioneers, except
that the fees for same, for revenue, inspection and regulation, shall
be as follows:
a.
For the period of six months to one year, one hundred ($100.00) dollars.
b.
For the period of less than six months but more than one month, fifty
($50.00) dollars.
c.
For the period of less than one month, twenty-five ($25.00) dollars
plus five ($5.00) dollars per day of planned operation.
The provisions of this section shall not affect the requirements
of other municipal ordinances.
Special permits for auction sales may be issued by the licensing
officer, after approval by the township committee, to trustees or
referees in bankruptcy, executors, administrators, receivers, or other
public officers acting under judicial process and to charitable groups
or organizations for the purpose of conducting such sales for charitable
purposes. Also, such permits may be issued in the same manner to bona
fide residents of the township or to businessmen or merchants conducting
their business or mercantile activities within the township in order
to close out personal property and merchandise.
Upon the issuance of such special permit, the licensee may employ
a professional auctioneer to conduct such sale; provided, however,
that such special permits may not be issued for a period of more than
three days and shall be conducted in a manner not endangering the
health, safety, convenience and welfare of the public. No fee or bond
shall be required for such special permits.
Applicants for special permits shall comply with all other requirements
of this section and any other applicable law.
Application for the license provided by this section shall be
made to the licensing officer. All licenses and all renewal licenses
shall be issued by the licensing officer.
In addition to any other power of revocation contained in this
chapter, the township committee may, subject to the hearing requirement
of this chapter, revoke any license or refuse to renew any license
if it finds that:
a.
The applicant or license-holder has made any false, fraudulent or
misleading material statement in the course of conducting an auction
sale of, or in offering for sale at auction, any property, goods,
wares or merchandise in the township.
b.
The applicant or license-holder has perpetrated a fraud upon any
person, whether or not such fraud was perpetrated in the conduct of
an auction in the township.
c.
The applicant or license-holder has violated any of the statutes
of the State of New Jersey relating to auctions or auctioneers.
d.
The applicant or license-holder has conducted his auctioneering activities
or other business activities described in this section, or maintained
the lot or contiguous lots upon which he is conducting or intends
to conduct an auction, or other businesses including the area or areas
which he has leased, sublet, rented or concessioned out to others
for the conduct of business or is operating himself as a separate
and distinguishable department from that constituting his auctioneering
or any other business activities, in such a manner as to violate any
of the ordinances of the township.
a.
It shall be unlawful to conduct an auction sale of real or personal
property, goods, wares or merchandise on any of the streets, sidewalks
or public property of the township or except under the roof of and
within the confines of a permanent building.
b.
It shall be unlawful to offer for sale at auctions or sell at auction
any gold, silver, plated ware, clocks, watches, diamonds or other
precious or semi-precious stones or any imitations thereof, glassware,
chinaware or jewelry or any article purporting to be or represented
as any of the above-listed articles between the hours of 6: 00 p.m.
and 8:00 a.m., or at any time after sunset or before sunrise.
c.
It shall be unlawful to offer for sale at auction or sell at auction
any real or personal property, goods, wares or merchandise on the
first day of the week, otherwise designated as Sunday.
d.
No mechanical sound reproducing device or any amplifying or public
address system shall be used outside of the confines of the building
or buildings within which such auctions and other commercial activities,
as described in this section, take place for commercial purposes;
provided, however, that such equipment may be used within the confines
of such building or buildings if such devices are used in a manner
not endangering the public health, safety, convenience and welfare
and are used in such manner as will not produce disturbing noises.
e.
The holder of an auctioneer's license, whether owner or tenant
of the lot or contiguous lots upon which auctioneering and related
commercial activities, as hereinbefore described, take place, is required
to remove brush, weeds, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash and debris within ten days after notice
to remove the same by the municipal authorities from such lot or contiguous
lots, and upon failure to so remove shall become liable for whatever
action is instituted by the township in conformity with N. J. S. A.
40:48-2. 13 and 2. 14 or any ordinance of the township, including
this section.
As used in this section:
a.
"Mechanical food vending machine" shall mean any automatic vending
machine used for the storage or sale of food or drink and operated
and controlled by the insertion of a coin or coins.
No mechanical food vending machine shall be maintained for operation
within the township unless a license for such operation has been issued
therefor by the township upon application and the payment of the required
license fee. Application for such license shall be made to the licensing
officer upon a form to be supplied by the licensing officer for that
purpose. The application for license shall contain the following information:
a.
Name and address of the applicant.
b.
Location where the machine is to be maintained for operation.
c.
Description of the machine to be covered by the license, including
name of manufacturer and serial number, if any.
d.
The name, address and telephone number of the person responsible
for the operation, maintenance and servicing of the machine.
Every license issued pursuant to this section shall expire on the last day of December of the year during which the license is issued. Every applicant, before being granted a license, shall pay a license fee as set forth in Chapter XXIV, subsection 24-4.1.
Any license issued pursuant to this section may be transferred
from one machine to another similar machine upon notification to the
licensing officer to such effect providing a description of the new
machine. Not more than one machine shall be operated under one license.
A licensed machine may be transferred from one location to another
within the township upon notification of the licensing officer to
such effect reciting the new location at which the machine is to be
maintained for operation. A license issued pursuant to this section
shall be transferable from person to person upon application to the
licensing officer by transferee.
No mechanical food vending machine shall be maintained for operation
in the township unless it complies with each of the following requirements:
a.
The machine shall meet all pertinent requirements and regulations
of the township board of health and be approved upon any inspection
made pursuant to such regulations.
b.
If the food or drink dispensed by the machine is subject to spoilage,
the machine shall be equipped with a refrigeration unit to maintain
the contents at a temperature low enough to preserve the contents
in a healthful condition at all times and shall also be equipped with
an automatic device which will prevent the machine from dispensing
any of its contents when the temperature thereof rises above such
point.
c.
If the food or drink dispensed by the machine is represented to be
heated, the machine shall be equipped with a device to maintain the
temperature at an appropriate degree and shall also be equipped with
an automatic device which will prevent the machine from dispensing
any of its contents when the temperature of the drink or food falls
below such appropriate degree.
d.
The machine shall be properly labeled so as to identify the kind,
type and grade of product dispensed from any opening as well as the
producer of each such product.
e.
The machine shall contain on the front thereof and in a conspicuous
place and manner the name, address and telephone number of the person
who is responsible for the operation, maintenance and servicing of
the machine.
Every license issued under this section is issued subject to
the right to revoke the same should the holder of the license maintain
any mechanical food vending machine contrary to the provisions of
this section, any other township ordinance, or any law of the State
of New Jersey. Any license may be revoked by the township committee
after written notice to the licensee, which notice shall specify the
ordinance or law violations with which the licensee is charged, if
after a hearing the licensee is found to be guilty of such violations.
Ten days' notice of the hearing shall be given the licensee.
At such hearing the licensee and his attorney may present and submit
the evidence of witnesses in his defense.
The purpose of this section is to specifically restrict "casual sales" as heretofore mentioned in section 4-4 of the Revised General Ordinances of the Township of Roxbury to the type of sales which are commonly known as "garage sales."
"Flea Market Sales" as they are commonly known are hereinafter
forbidden and shall not be deemed permitted under this section nor
under any other existing section of the Code of the Township of Roxbury.
As used in this section:
a.
"Casual sales" shall mean and include all sales entitled "garage
sales," "lawn sales," "attic sales," "rummage sales" and "bazaars."
Flea market sales are specifically prohibited. Nothing herein contained
shall be deemed to prohibit the type of casual sale conducted by governmental
or nonprofit agencies, which for the purpose of this section are deemed
to fall within the category of a bazaar.
b.
"Goods" shall mean and include any goods or other property capable
of being the object of a sale regulated hereunder.
c.
"Person" shall mean and include individuals, partnerships, voluntary
associations, and corporations.
It shall be unlawful for any person to conduct any casual sale as defined in subsection 4-4.3 without first filing with the licensing official of the township the information hereinafter specified and obtaining from the licensing official a license to be known as "casual sale license." The fee for this license shall be as set forth in Chapter XXIV, subsection 24-4.1.
This license shall be issued to any one person or for any one
premises only twice within a twelve month period and no such license
shall be for more than two consecutive calendar days. In the case
of a resident about to move from the township, one additional license
may be issued provided the sale thereunder is held within 90 days
of the scheduled moving date from the township.
Each license issued under this section shall be prominently
displayed on the premises upon which the sale is conducted throughout
the entire period of the licensed sale.
Application for license issued hereunder shall be made upon
blank forms prepared by the licensing official and such forms shall
be in triplicate. The original shall be retained by the licensing
official, the duplicate copy shall be filed with the police department
and the triplicate copy shall be approved by the licensing official
and given to the applicant who shall display such copy on the premises
where the sale is conducted for the entire time period of the sale.
The information to be filed with the licensing official pursuant
to this section shall be as follows:
a.
Name of person, firm, group, corporation, association, or organization
conducting the sale.
b.
Name of owner of property upon which the sale is to be conducted,
and consent of owner if applicant is other than owner.
c.
Location described by tax map block and lot number at which sale
is to be conducted.
d.
Number of days of sale (not to exceed two days).
e.
Date and nature of any past sale.
f.
Relationship or connection applicant may have had with any other
person, firm, group, organization, association, or corporation conducting
the sale and the date or dates of such sale.
g.
Whether or not applicant has been issued any other vendor's
license by any local, State or Federal agency.
h.
Sworn statement or affirmation by the person signing that the information
therein given is full and true and known to him to be so.
All sales shall be conducted between the hours of 8:00 a.m.
and 6:00 p.m. only.
The licensing official may refuse to issue a license for the
date or dates of sale applied for by applicant and prescribe other
dates where the dates of sale applied for by applicant would, in the
judgment of the licensing official, create traffic problems because
of other sales previously approved in the vicinity where applicant
intends to conduct the sale.
The provisions of this section shall not apply to or affect
the following persons or sales:
a.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public
officials.
c.
Any person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement
and which such items do not exceed five in number.
d.
Any bona fide charitable, educational, cultural or governmental institution
or organization; provided, however, that the burden of establishing
the exemption under this section shall be on the organization or institution
claiming such exemption.
The township police department and the licensing official shall
have full power to enforce this section and issue summonses for any
violation of any provision of this section.
The person to whom such license is issued and the owner or tenant
of the premises on which such sale or activity is conducted shall
be jointly and severally responsible for the maintenance of good order
and decorum on the premises during all hours of such sale or activity.
No person shall permit any loud or boisterous conduct on said premises
nor permit vehicles of his patrons or prospective customers to impede
the passage of traffic on any roads or streets in the area of such
premises. All such persons shall obey the reasonable orders of any
member of the police or fire departments of the township in order
to maintain the public health, safety and welfare.
Any person, association or corporation conducting any such sale
or similar activity without being properly licensed therefor or who
shall violate any of the other terms or regulations of this section
shall upon conviction be fined not less than one hundred ($100.00)
dollars nor more than five hundred ($500.00) dollars or be imprisoned
for a period not to exceed ten days for each violation; and a separate
violation shall be deemed committed on each day during or in which
a violation occurs or continues.
a.
Nothing herein contained shall be deemed to prohibit "special sales" by merchants within the Township of Roxbury who may desire to conduct what is commonly known as a "sidewalk sale," "red tag sale" or "tent sale," provided said sale is conducted adjacent to the applicant's store front at a location where such a sale is permitted by the township's zoning regulations. The applicant shall also comply with the provisions of subsections 4-4.4, 4-4.6, 4-4.7 and 4-4.8 of this section. The application fee for a special sale license shall be as set forth in Chapter XXIV, subsection 24-4.1. Applicants shall be limited to three special sale licenses per calendar year. Special sale licenses shall not be granted for more than seven consecutive days at any one time and no applicant shall be entitled to receive more than one special sale license per month.
b.
The person to whom such a license is issued and the owner or tenant
of the premises on which such a sale or activity is conducted shall
be jointly and severally responsible for the maintenance of good order
and decorum on the premises during all hours of such sale or activity.
c.
No such person shall permit the sidewalk in the vicinity of the sale
to be completely blocked or the flow of traffic impeded by displays
or merchandise. A clear pathway of at least five feet in width must
be maintained on all sidewalks in the area of said sale. A sketch
plat depicting the area of the sale and the location of all displays
and merchandise to be sold must be submitted to the licensing official
along with the license application.
As used in this section:
a.
"Self-operated laundromats," "launderettes," "dry-cleaning establishments"
and "all car washes" shall mean those premises used in whole or in
part for the operation of self-service, coin-operated, washing, drying,
dry-cleaning machines and all car washes, whether self-operated or
not.
Every person owning a self-service laundromat, launderette,
dry-cleaning machine establishment or car wash as hereinabove defined
shall obtain a license from the township clerk which license shall
be displayed at a conspicuous place upon the premises.
The license fees for each of the activities mentioned shall be as set forth in Chapter XXIV, subsection 24-4.1.
No establishment for which a license is required under this
section shall be open for business, and it shall be unlawful to admit
the public or customers into the room where such machines are located,
unless there is on duty in the establishment at all times a competent
person in charge of the establishment and in charge of the operation
of the machines.
At least one legible sign shall be maintained in a place available
to customers giving the name, address and phone number of the owner
of the establishment, and of the service department or agency responsible
for the proper maintenance of the machines.
The purpose of this section is to license and regulate the distribution
and operation of amusement or entertainment machines and devices and
machine juke boxes when employed for amusement or entertainment on
a commercial basis. Because these machines and devices may become
a public nuisance by reason of the manner in which they are distributed
or operated, it is hereby determined by the township that control
and regulation of such machines and devices is necessary for the protection
and preservation of the public safety, morals and welfare.
As used in this section.
a.
"Machine juke box" shall mean any music vending machine, contrivance
or device which upon the insertion of a coin, slug, plate, disc or
key into any slot, crevice or other opening, or by the payment of
any price operates or may be operated by the public generally for
the emission of music, songs or similar amusement, and shall include,
without limitation, what is commonly called children's mini-cartoon
theatres.
b.
"Amusement or entertainment machine or device" shall mean any machine,
contrivance or device, which, upon the insertion of a coin, slug,
token, plate, disc or key into a slot, crevice or other opening, or
by the payment of any price, operates or may be operated by the public
generally for use as a game, entertainment or amusement, whether or
not registering a score. It shall include, without limitation, such
devices as skillball, marble machines, pinball machines and any electronic
or mechanical game machines, devices, operations or transactions similar
thereto, under whatever name they may be called, and any pool or billiard
table or any bowling alley. It shall also include, without limitation,
any machine or device commonly called a "peep-show" and any machine
or device commonly called a "kiddie-ride".
c.
"Distributor" shall mean any natural person, partnership, firm, association,
corporation or any other business entity which leases, rents out or
places under any kind of arrangement, within the township, one or
more machine juke boxes or one or more amusement or entertainment
machines or devices in premises or in a location owned or controlled
by another.
d.
"Operator" shall mean any natural person, partnership, firm, association,
corporation or any other business entity which owns or controls premises
or a location within the township in which any machine juke box or
amusement or entertainment machine or device is displayed for public
patronage or is placed or kept for operation by the public.
e.
"Owner-operator" shall mean any natural person, partnership, firm,
association, corporation or any other business entity which owns or
controls premises or a location within the township in which any machine
juke box or amusement or entertainment machine or device which is
owned by said natural person, partnership, firm, association or corporation,
or any other business entity is displayed for public patronage or
is placed or kept for operation by the public.
f.
"Licensed premises" shall mean the entire premises, including without
limitation, all buildings, auxiliary buildings, structures, appurtenant
structures, walks, alleys, drives and parking facilities owned by
or controlled by the operators and/or owner-operator.
No distributor of machine juke boxes or amusement or entertainment
machines or devices shall distribute to any person or to the owner,
occupant, lessee or licensee of any premises in the township for the
purpose of operation thereof, any machine juke box or any amusement
or entertainment machine or device without first having obtained from
the township license officer a license to do so.
The application for such license shall state the following:
a.
Name, address and telephone number of applicant. If applicant is
an individual, the age, date and place of birth of applicant; and,
if applicant is a partnership, firm, association, corporation or other
business entity, the same information shall be supplied for each of
the stockholders, officers and directors of the corporation or the
partners, members or principals; except, that if the corporation has
on file with the Securities and Exchange Commission a registration
statement in connection with the listing of any class of its stock
on any stock exchange or the sale thereof to the general public, it
shall supply such information for each of its officers and directors
and each of the owners of five percent or more of any class of its
s to ck.
b.
The name and address of the registered agent of the applicant or
person upon whom service of process is authorized to be made.
c.
The name, home address and home telephone number of the manager or
other authorized agent of the applicant who shall be in charge of
or conduct the business of the applicant within the township.
d.
Prior criminal conviction of the applicant, if any (whether by or
without jury or by plea) in any jurisdiction of an offense which under
the laws of New Jersey is denominated a "misdemeanor", a "high misdemeanor"
or an offense involving moral turpitude, with a full disclosure of
the nature of the offense, time and place of commission, legal proceedings
in connection therewith and punishment. The term "applicant" under
this paragraph shall mean and shall include all persons whose names,
addresses, ages and places of birth must be furnished under paragraph
(a) of this subsection.
e.
The type, manufacturer, serial number and location of each machine
juke box or amusement or entertainment machine or device to be distributed
under the license applied for.
f.
The terms, conditions and arrangements, including without limitation,
all financial arrangements under which the applicant is to distribute
machine juke boxes or amusement or entertainment machines or devices
within the township. There shall be included a copy of all agreements
and arrangements between the applicant and the operator with whom
the business is to be conducted. The township license officer shall
require such additional information as may be necessary to fully and
accurately disclose the nature of the proposed business to be conducted
under this section.
g.
If applicant is a corporation, there shall be included a corporate
resolution in proper form authorizing the execution of the license
application on behalf of the corporation.
h.
The application shall contain, under oath, made by the applicant,
that the information contained in the application and all attachments
thereto is complete, accurate and truthful to the best of his knowledge
and belief.
i.
The license officer shall promptly forward a copy of the application
and accompanying materials to the chief of police of the township
for investigation, review and report. The chief of police shall, within
ten days of the date of his receipt of a copy of such application,
forward his report to the license officer who in accordance with the
standards and requirements set forth herein may grant or refuse the
license, or may grant the license as to one or more but not all of
the machine juke boxes or amusement or entertainment machines and
devices and refuse the license as to the rest. If the license is granted,
the license officer shall forthwith issue the license upon payment
of the licensing fee. The license officer shall insure that the license
application and all attachments thereto are complete, accurate and
truthful, and that those persons whose names are required to be disclosed
on the license application are all persons capable of owning, controlling
and conducting the proposed business of distributing machine juke
boxes or amusement or entertainment machines and devices within the
township in a manner consistent with the public safety, good morals
and general welfare of the community, that all those persons whose
names are required to be disclosed on the license application can
reasonably be expected to own, control, manage or operate the proposed
business in accordance with all applicable laws, ordinances and regulations,
are free from any gambling, immoral or illegal conduct or activity,
and free of all unnecessary and unwanted noise and commotion; that
no criminal element is in direct or indirect control or management
of the business of the applicant, that the granting of the application
and issuance of the license thereunder will promote a fair competitive
market for the distribution of machine juke boxes or amusement or
entertainment machines and devices within the township; that the granting
of the application and issuance of the license thereunder will not
create an unwarranted burden on any law enforcement officer or agency,
and that the applicant has properly executed all agreements and consents
required by this section and has agreed to conduct the business in
accordance with all requirements of this section and all other applicable
laws, ordinances, rules and regulations.
No owner-operator of a machine juke box or amusement or entertainment
machine or device shall operate such machine or device within the
township without first having obtained from the license officer of
the township a license so to operate.
The application for such license shall be made in quadruplicate
and shall state the following:
a.
The name, date and place of birth, home address and business address,
home telephone and business telephone number of the applicant, and
of each partner, member or principal, and, if applicant is a corporation,
of each stockholder, officer and director.
b.
The name and address of the registered agent of the applicant or
person upon whom service of process is authorized to be made.
c.
The name, date and place of birth, home address and home telephone
number of the manager or other authorized agent of the applicant who
shall be in charge of or conduct the business of the applicant in
the township.
d.
Prior criminal convictions of applicant, if any, (whether by or without
jury or by plea) in any jurisdiction of an offense which under the
laws of New Jersey is denominated a "misdemeanor", a "high misdemeanor"
or an offense involving moral turpitude, with a full disclosure of
the nature of the offense, time and place of commission, legal proceedings
in connection therewith and punishment. The term "applicant" under
this paragraph shall mean and shall include all persons whose names,
addresses, ages and places of birth must be furnished under paragraph
a. of this section.
e.
The type, manufacturer, serial number and precise location of each
machine juke box or amusement or entertainment machine or device to
be operated under the license applied for.
f.
If the applicant is a corporation, there shall be included a corporate
resolution in proper form authorizing the execution of the license
application on behalf of the corporation.
g.
The application shall contain a certification under oath made by
the applicant that the information contained in the application and
all attachments thereto is complete, accurate and truthful to the
best of his knowledge and belief.
h.
The license officer shall promptly forward a copy of the application
and accompanying materials to the chiefs of the departments of police
and fire, the health officer and the building inspector for investigation,
review and report. Each of the officials of the police, fire, health
and building departments shall, within ten days of the date of his
receipt of a copy of such application, forward his report to the license
officer who in accordance with the standards and requirements set
forth herein may grant or refuse the license, or may grant the license
as to one or more but not all of the machine juke boxes or amusement
or entertainment machines or devices, and refuse the license as to
the rest. If the license is granted, the license officer shall forthwith
issue the license upon payment of the licensing fee. The license officer
shall insure that the license application and all attachments thereto
are complete, accurate and truthful, and that those persons whose
names are required to be disclosed on the license application are
all persons capable of owning, controlling and conducting the proposed
business of owning and/or operating machine juke boxes or amusement
or entertainment machines or devices within the township in a manner
consistent with the public safety, good morals and general welfare
of the community; that all those persons whose names are required
to be disclosed on the license application can reasonably be expected
w own, control, manage or operate the proposed business in accordance
with all applicable laws, ordinances, rules and regulations, and free
from any gambling, immoral or illegal conduct or activity and free
from unnecessary and unwanted noise and commotion; that no criminal
element is in direct or indirect control or management of the business
of the applicant; that the granting of the application and the issuance
of the license thereunder will promote a fair competitive market for
the operation of machine juke boxes or amusement or entertainment
machines or devices within the township; that the granting of the
application and issuance of the license thereunder will not create
an unwarranted burden on any law enforcement officer or agency; and
that the applicant has properly executed all agreements and consents
required by this section and has agreed to conduct his business in
accordance with all requirements of this section and all other applicable
laws, ordinances, rules and regulations. No operator's license
shall be granted hereunder unless the licensed premises shall meet
all requirements of all fire regulations and building, sanitary, electrical
and plumbing codes of the township.
[Ord. #14-75; Ord. No. 12-2016]
a.
No distributor and/or operator and/or owner-operator or any of his
officers, directors, agents, servants or employees shall by threats,
promises, intimidations seek to control or direct the placement or
the removal of any machine juke box or amusement or entertainment
machine or device from any premises or location within the township,
and any such threats, promises or intimidations shall be reported
to the police department of the township.
b.
No licensed premises shall be without adequate sanitary facilities
nor contain any fire, safety or health hazard.
c.
No machine juke box or amusement or entertainment machine or device
shall be permitted on any premises located within 200 feet of any
church, school, park or playground.
d.
No machine juke box or amusement or entertainment machine or device
shall be located in a so-called "backroom" nor in any part of the
licensed premises which is not open to the general public.
e.
No machine juke box or amusement or entertainment machine or device
shall be so operated or the business thereof so conducted as to amount
to a nuisance in fact.
f.
No machine juke box or amusement or entertainment machine or device
shall be operated in such a manner as to be heard out-of-doors.
g.
No songs shall be played, words spoken or pictures or images depicted
or projected on any machine juke box or on any amusement or entertainment
machine or device which violates the obscenity laws of New Jersey.
h.
No machine juke box or amusement or entertainment machine or device
shall be permitted to cause unnecessary and unwanted noise or commotion
or otherwise interfere with the public health, welfare and morals.
i.
The operator and/or owner-operator shall not permit, suffer or allow
any person to be or gamble in any form or manner on the licensed premises
and shall prevent any immoral or illegal conduct or activity from
occurring.
j.
No operator and/or owner-operator shall offer or permit to be offered
any prize or reward to any person playing any machine juke box or
amusement or entertainment machine or device which is distributed
or operated under this section except as permitted and in conformance
with the regulations established by the State of New Jersey, Office
of Amusement Games Control (N.J.A.C. 13:3-3.5 et seq.)
k.
No operator and/or owner-operator shall permit, suffer or allow the
unlawful sale or consumption of alcoholic beverages upon the licensed
premises.
l.
No person on the licensed premises shall have illegally in his possession
or under his control or offer to another any habit-forming drug nor
shall the operator and/or owner-operator permit, suffer or allow such
person on the licensed premises.
m.
No operator and/or owner-operator shall permit the operation of any
machine juke box or amusement or entertainment machine or device during
the hours when the taverns in the township are closed or between 2:00
a.m. and 9:00 a.m., whichever time period shall permit the longer
operation of such machines or devices.
n.
The operator and/or owner-operator shall at all times maintain good
order upon the licensed premises and shall not permit, suffer or allow
any disturbance, congestion or loitering upon the licensed premises.
o.
No distributor and/or operator and/or owner-operator shall neglect
or fail to report promptly to the police department any violation
of any law or ordinance occurring on the licensed premises nor shall
any distributor and/or operator and/or owner-operator neglect or fail
to report promptly to the license officer any conduct or activity
prohibited by this ordinance.
p.
Each distributor and/or operator and/or owner-operator shall promptly
report in writing to the license officer any changes by addition or
deletion of the information furnished on the license application and
all material attached thereto, and this obligation shall be fully
met during the term of any license or the renewal thereof.
[Ord. #14-75; Ord. #34-90, S1C; Ord. #29-04, S3]
The annual license fees shall be as set forth in Chapter XXIV, subsection 24-4.1.
[Ord. #14-75]
Each distributor's and/or owners-operator's license
provided for in this ordinance shall be posted prominently and conspicuously
at the location of the machine or device on the premises where it
is to be operated or maintained for operation.
[Ord. #14-75]
a.
A distributor's and/or owner-operator's license may be
transferred from one machine or device to another similar machine
or device upon application to the license officer giving a description
by type, manufacturer and serial number of such other machine or device.
Not more than one machine or device shall be operated under one license
and the applicant or licensee shall be required to secure a license
for each and every machine or device distributed and/or operated by
him.
b.
No distributor's and/or owner-operator's license shall
be transferred from distributor to distributor or from owner-operator
to owner-operator or from place to place within the township without
the same application, investigation and reports as required on a new
application.
[Ord. #14-75]
All licenses duly issued and enforced on the effective date
of this section, which is December 9, 1975, shall continue in force
until the expiration of each such license after which application
for renewal shall be made under this section.
[Ord. #14-75]
Every license issued under this section is subject to the right,
which is hereby expressly reserved, to revoke the license should the
licensed distributor and/or owner-operator distribute or operate any
machine juke box or amusement or entertainment machine or device contrary
to the provisions of this section or any other law, ordinance, rule
or regulation or fail to cooperate fully with any enforcement officer
or agency.
Any material misstatement or omission in the license application
or in any information submitted therewith or the failure to notify
in writing the license officer of any changes by addition or deletion
or amendment to the application or information during the term of
any license or renewal shall constitute sufficient ground for revocation
of the said license. Such revocation shall be by the township committee
after a hearing. The licensee shall be given ten days notice of the
hearing and such notice shall state the ground therefor. At such hearing
the licensee and his attorney may present and submit evidence and
witnesses in his own behalf.
[Ord. #14-75]
If the chief of police shall have probable cause to believe
that any machine juke box or amusement or entertainment machine or
device is used for gambling, such machine or device may be seized
by the police and impounded and may be considered contraband by law.
[Ord. #14-75]
The provisions of this section shall not apply to any church,
fraternal or veteran's organization or other religious, charitable
or nonprofit organization that operates any machine juke boxes or
amusement or entertainment machines or devices exclusively for the
use of its members and the guests of such members and on premises
owned or controlled by it.
[Ord. #14-75]
Any person violating any provision of this section, in addition to the revocation of his or its license, shall upon conviction be liable to the penalty stated in Chapter III, section 3-1.
As used in this section:
a.
"Business of conducting tourist lodges, cabins, motels and auto courts"
shall mean the renting, leasing, maintaining, keeping, operating,
conducting or providing of overnight or temporary sleeping accommodations,
for a consideration, to tourists, transients or travelers in any building
or structure, or group of buildings or structures, devoted exclusively
or primarily to the business commonly known as tourist lodges, tourist
cabins, motor lodges, motor courts, tourist courts, motels or auto
courts, whether meals are served on the premises or not.
b.
"Housing or lodging unit" shall mean any separate room, suite, cabin
or quarters, whether or not physically attached or connected with
any other building or structure, used for sleeping accommodations
in the business of conducting tourist lodges, etc.
No person shall engage in the business of conducting tourist
lodges, cabins, motels or auto courts without first having applied
for and obtained from the township committee a license to do so. No
such license shall be issued to any person who has been convicted
of a crime involving moral turpitude nor shall any such license be
issued to any corporation in which any stockholder holding ten percent
or more of any of the stock thereof, or in which any director or officer
shall have been convicted of a crime involving moral turpitude.
Each applicant for such license shall make written application
setting forth the following information in detailed form:
a.
The full name, residence and/or business office and post office address
of the applicant.
b.
The exact location of the proposed licensed premises, giving the
street address, tax lot and block numbers and the exact dimensions
of the lands on which the business is to be conducted.
c.
A description of the buildings, structures and accommodations upon
said lands, or those proposed to be erected thereon, including a statement
of the number of housing or lodging units either erected or proposed,
together with the maximum number of persons who can be or may be in
the future accommodated at any given time; a description of the character
of the buildings or structures as to size, type of construction and
whether or not the same are or will be fireproof; a description of
automobile parking space and facilities which must conform with the
provisions hereinafter established.
d.
The name and address of the owner of the lands and buildings.
e.
The name of the person on the licensed premises upon whom process
may be served.
f.
Whether any person constituting the individual or partnership applicant
or whether the corporate applicant or any stockholder holding ten
percent or more of the stock thereof or any director or officer thereof,
has ever been convicted of any crime, misdemeanor or violation of
any municipal ordinance, and, if so, the details thereof, including,
with respect to each conviction, the name of the person convicted,
the date thereof, the nature of the offense, the court in which the
conviction was entered and the punishment imposed. Traffic and motor
vehicle violations need not be included.
g.
In the case of corporate applicants, the names and residences of
all stockholders holding ten percent or more of any stock of the corporation,
the names and residences of all members of the board of directors
of the corporation, and the names and residences of all officers of
the corporation, and the office held by each.
Each application shall be made in triplicate and shall be signed
and sworn to by the applicant and presented to the licensing officer
together with a certified or bank check or cash in the amount of the
hereinafter prescribed license fee.
All physical descriptions called for above shall be accompanied
by a sketch of the premises showing all buildings and structures already
situated thereon and designation of any proposed structures, their
size and location, and the parking area location or locations.
Any change in any fact set forth in said application shall be
communicated to the licensing authority within three days of said
change, unless said change can be known in advance, in which event
the change shall be communicated to the licensing authority ten days
in advance of said change. All notifications shall be made in the
same manner as the original application.
The licensing officer shall forthwith forward the application
to the health officer of the board of health and to the fire sub-code
official of the township who shall inspect the premises to determine
whether or not the premises comply with the board of health and fire
ordinances and regulations. If the premises do not so comply, the
officers shall attach to the application a written list of recommendations
and return the same to the licensing officer no later than ten days
from receipt of the application, who shall in turn return the application
with the list of recommendations to the applicant. If the premises
do so comply, the officers shall attach thereto certificates of approval.
The fee for such license shall be as set forth in Chapter XXIV, subsection 24-4.1.
On application made therefor, setting forth the same matters
and things as are required by this section to be set forth in connection
with an original application for a license, the township committee,
with the consent of the licensee and upon payment of a fee of ten
percent of the annual license fee for the license sought to be transferred,
may transfer to such applicant any license issued under the terms
and provisions of this section. The ten percent fees shall be retained
by the Township of Roxbury whether the transfer be granted or not.
a.
Each licensee shall maintain at all times on the licensed premises
a register. Immediately following the effective date hereof, each
licensee shall submit to the chief of police of the township the register,
and the chief of police shall endorse the flyleaf thereof with the
words "Official Register", followed by the name of the licensee, the
date of endorsement and the signature of the chief. In the event of
the absence or disability of the chief, the endorsement shall be made
by the acting chief or by such other person as the township committee
may hereafter direct. No registration hereinafter required to be made
shall be made in any register other than the "Official Register" endorsed
as aforesaid unless and until said "Official Register" shall have
been completely filled. Upon the filling of any register, it shall
be preserved for not less than six years upon the licensed premises
and a new register, endorsed as aforesaid, shall thereupon be used
for subsequent registrations.
b.
No person shall occupy and no licensee shall permit any person to
occupy any housing or lodging units on the licensed premises unless
the person occupying such housing or lodging unit shall first:
1.
Display, to the licensee or to a duly authorized agent or employee
of the licensee in charge of the register, written evidence of his
or her identity and residence and, in addition thereto, the official
state registration certificate of the motor vehicle, if any, then
being used by the registrant.
2.
Write in the register, immediately following the preceding registration,
in ink, and in his own handwriting, his full and true name and address
and relationship, if any, to the registrant, of every other person
who is to occupy such housing or lodging unit; the make, year and
state license or registration number of the motor vehicle then being
used by the registrant.
c.
In addition to the foregoing information, the licensee shall cause
to be written into the register, in ink, the number or name of the
housing or lodging unit assigned to each registrant, the date and
hour of registration, a brief description or designation of the identification
displayed to the licensee by the registrant pursuant to subsection
4-7.7b1 hereof, the signature of the person taking or accepting the
registration and the date when the occupant or occupants of each housing
or lodging unit quits and surrenders the same.
d.
The register shall be kept and preserved by the licensee and shall
be available on request at any hour of the day or night to any law
enforcement officer.
All vehicles entering upon the premises of tourist lodges, cabins,
motels and auto courts in the Township of Roxbury, shall be parked
either in front of or to the side of any lodge, cabin or separate
housing and lodging unit, and no vehicle shall be parked in the rear
of any building or structure.
It shall be the duty of the township police department to inspect
the licensed premises from time to time, at any hour of the day or
night, to determine that the provisions of this section are being
complied with.
No person shall engage in, form or start any parade in the township
without obtaining a permit from the chief of police.
As used in this section:
a.
"Parade" shall mean any assemblage of 25 or more persons engaged
in an organized procession of any duration along a public street or
highway, following a certain route, whether predetermined or not.
This section shall not apply to:
A person seeking issuance of a parade permit shall file an application
with the chief of police on forms provided by such officer.
An application for a parade permit shall be filed with the chief
of police not less than five days nor more than ten days before the
date on which it is proposed to conduct the parade.
The chief of police, where good cause is shown therefor, shall
have the authority to consider any application hereunder which is
filed less than five days before the date such parade is proposed
to be conducted.
The application for a parade permit shall set forth the following
information:
a.
The name, address and telephone number of the person seeking to conduct
such parade.
b.
If the parade is proposed to be conducted for, on behalf of, or by
an organization, the name, address and telephone number of the headquarters
of the organization and of the authorized and responsible heads of
such organization.
c.
The name, address and telephone number of the person who will be
the parade chairman and who will be responsible for its conduct.
d.
The date when the parade is to be conducted.
e.
The route to be traveled, the starting point and the termination
point.
f.
The approximate number of persons who, and animals and vehicles which,
will constitute such parade; the type of animals, and description
of the vehicles.
g.
The hours when such parade will start and terminate.
h.
A statement as to whether the parade will occupy all or only a portion
of the width of the streets proposed to be traversed.
i.
The location by streets of any assembly areas for such parade.
j.
The time at which units of the parade will begin to assemble at any
such assembly area or areas.
k.
The interval of space to be maintained between units of such parade.
l.
If the parade is designed to be held by, and on behalf of or for,
any person other than the applicant, the applicant for such permit
shall file with the chief of police a communication in writing from
the person proposing to hold the parade, authorizing the applicant
to apply for the permit on his behalf.
m.
Any additional information which the chief of police shall find reasonably
necessary to a fair determination as to whether a permit should be
issued.
There shall be paid at the time of filing the application for a parade permit a fee as set forth in Chapter XXIV, subsection 24-4.1.
The chief of police shall issue a permit as provided for hereunder
when, from a consideration of the application and from such other
information as may otherwise be obtained, he finds that:
a.
The conduct of the parade will not substantially interrupt the safe
and orderly movement of other traffic contiguous to its route.
b.
The conduct of the parade will not require the diversion of so great
a number of police officers of the township to properly police the
line of movement and the areas contiguous thereto as to prevent normal
police protection to the township.
c.
The conduct of the parade will not require the diversion of so great
a number of ambulances as to prevent normal ambulance service to portions
of the township other than that to be occupied by the proposed line
of march and areas contiguous thereto.
d.
The concentration of persons, animals and vehicles at assembly points
of the parade will not unduly interfere with proper fire and police
protection of, or ambulance service to, areas contiguous to such assembly
areas.
e.
The conduct of such parade will not interfere with the movement of
fire-fighting equipment en route to a fire.
f.
The conduct of the parade is not reasonably likely to cause injury
to persons or property, to provoke disorderly conduct or create a
disturbance.
g.
The parade is scheduled to move from its point of origin to its point
of termination expeditiously and without unreasonable delays en route.
h.
The parade is not to be held for the sole purpose of advertising
any product, goods or event, and is not designed to be held purely
for private profit.
The chief of police shall act upon the application for a parade
permit within three days after the filing thereof.
a.
Notice of rejection. If the chief of police disapproves the application,
he shall mail to the applicant within three days after the date upon
which the application was filed, a notice of his action, stating the
reasons for his denial of the permit.
b.
Alternative permit. The chief of police, in denying an application
for a parade permit, shall be empowered to authorize the conduct of
the parade on a date, at a time, or over a route different from that
named by the applicant. An applicant desiring to accept an alternate
permit shall, within one day after notice of the action of the chief
of police, file a written notice of acceptance with the chief of police.
An alternate parade permit shall conform to the requirements of and
shall have the effect of a parade permit under this section.
Immediately upon the issuance of a parade permit, the chief
of police shall send a copy thereof to the following:
a.
The mayor and township committee.
b.
The township attorney.
c.
The fire chief.
d.
The director of the department of public works.
e.
All postmasters within the township.
f.
The general manager or responsible head of each public transportation
utility, the regular routes of whose vehicles will be affected by
the route of the proposed parade.
A permittee hereunder shall comply with all permit directions
and conditions and with all applicable laws and ordinances. The parade
chairman or other person heading or leading such activity shall carry
the parade permit upon his person during the conduct of the parade.
a.
Interference. No person shall unreasonably hamper, obstruct or impede,
or interfere with any parade or parade assembly, or with any person,
vehicle or animal participating or used in a parade.
b.
Driving through parades. No driver of a vehicle shall drive between
the vehicles or persons comprising a parade when such vehicles or
persons are in motion and are conspicuously designated as a parade.
c.
Parking on parade route. The chief of police shall have the authority,
when reasonably necessary, to prohibit or restrict the parking of
vehicles along a highway or part thereof constituting a part of the
route of a parade. The chief of police shall post signs to this effect,
and it shall be unlawful for any person to park or leave unattended
any vehicle in violation thereof.
a.
"Peddler" shall mean any person, traveling by foot or vehicle of
any kind, who conveys or transports goods, articles or property of
any kind or description for the purpose of offering for sale, selling
and delivering the same to customers or offering to render immediate
services of any kind or description. The term "peddler" shall include
the words "hawker" or "huckster".
b.
"Solicitor" shall mean any person, traveling by foot or vehicle of
any kind, who sells or offers to sell goods, articles or property
of any kind or description by sample or otherwise for future delivery,
or who offers to render services at some time in the future, with
or without accepting payment or partial payment for the same.
c.
"Canvasser" shall mean any person, other than a peddler and solicitor,
traveling by foot or vehicle of any kind, who distributes printed
matter or any other thing from house to house or who calls in person
upon the occupants of such houses seeking contributions or any thing
of value.
It shall be unlawful for any person to engage in the activity
of a peddler within the township without first having obtained a license
therefor as provided herein. No person shall engage in the activity
of a solicitor or canvasser within the township without first having
obtained a permit therefor as provided herein. Licenses and permits
shall be issued to individual persons only, and if an employer or
other person desires that more than one employee or member engage
in the activities of a peddler, solicitor or canvasser within the
township, each of such employees or members must obtain a separate
license.
The requirements of this section insofar as the same shall apply
to fees, shall be held not to include the following persons who are
hereby expressly exempt from its application:
a.
Any person honorably discharged from military services of the United
States possessing a peddler's license issued in conformity with
N.J.S.A. 45:Z4-9 and 10.
b.
Any person who is an exempt fireman of a volunteer fire department
as defined by N.J.S.A. 45:24-9 and 10, possessing a license in conformity
with this law.
c.
Any person selling fruits, vegetables and farm products grown by
himself, with or without the help of others.
d.
Any person who conducts a sale pursuant to law or court order.
e.
Any charitable or religious society conducting sales where the proceeds
shall be applied to the payment of expenses of the sale and to the
charitable and religious business or affairs for which the charitable
or religious society exists.
This chapter shall not apply to:
a.
Employee of any public utility which is subject to regulation by
the State Board of Public Utilities Commissioners, provided, however,
that such employee shall display the identification badge or card
issued by his employer.
b.
Any member of any committee or organization of a duly constituted
political party as defined by N. J. S. 19:1-4 when any such member
is engaged in the lawful activities, functions or objectives of the
political party.
c.
Any person who as a part of the regular course of business is engaged
in the delivery of goods to the premises of persons previously ordering
or entitled to receive such goods.
Applicants for licenses and permits under this section shall
file with the licensing officer a sworn application in writing, in
duplicate, on a form to be furnished by the licensing officer for
that purpose, giving the following information:
a.
Name, address and telephone number of the applicant.
b.
A brief description of the nature of the applicant's business
and the goods or services, if any, to be sold or rendered.
c.
If the applicant is an employee or member of an organization, the
name and address of the employer or organization together with credentials
establishing the exact relationship.
d.
The length of time for which the license or permit is desired.
e.
Whether the applicant has ever been convicted of any crime, misdemeanor,
or violation of any municipal ordinance and, if so, the nature of
the offense.
In addition, the applicant shall furnish the following:
f.
Two photographs of the applicant, two inches by two inches, showing
the head and shoulders of the applicant in a clear and distinguishing
manner, which photographs shall have been taken within one year preceding
the application.
g.
Such evidence as to the good character and business responsibility
of the applicant as will upon investigation enable a proper evaluation
of the applicant's character and business responsibility to be
made.
h.
If the activity to be engaged in involves possible injury to persons
or property, then evidence of sufficient liability and/or property
damage insurance.
Upon receipt of each application for a license or permit, the
original shall be referred to the chief of police who shall cause
such investigation of the applicant's moral character and business
responsibility to be made as he deems necessary for the protection
of the public good.
a.
If, as a result of such investigation, the applicant for a permit as a solicitor or canvasser is found to be of good moral character and any organization or project in behalf of which the applicant, as employee or member, is engaged is found to be free from fraud or misrepresentation, the chief of police shall so endorse the application and return it to the licensing officer, who shall upon payment of an appropriate fee as provided in subsection 24-4.1, issue a permit on the form to be used for such purpose and deliver it to the solicitor or canvasser, together with a badge to be worn by him as required under subsection 4-9.10.
b.
If, as a result of such investigation, the applicant for a license as a peddler is found to be of good moral character and his business responsibility to be satisfactory, and the business of the applicant or of any employer of the applicant is found to be free from fraud or misrepresentation, the chief of police shall so endorse the application and return it to the licensing officer who shall, upon payment of the appropriate license or transfer fee prescribed in subsection 24-4.1, issue a license on the form to be used for such purpose and deliver it to the applicant together with the badge to be worn by him as required under subsection 4-9.10.
c.
If, upon investigation of an applicant or his employer or the organization
of which the applicant is a member, it appears in the judgment of
the chief of police that the issuance of the license or permit applied
for would be inconsistent with the public good, the chief of police
shall so endorse the application, together with the reasons relating
thereto, and return the application to the township clerk, who shall
forthwith report thereon to the township council for its consideration
and action. Following the consideration and action of the township
council, the township clerk shall notify the applicant of approval
or disapproval as directed by the township council.
Every applicant for a license or permit under this section, or transfer of a license or permit, shall pay a fee as set forth in Chapter XXIV, subsection 24-4.1. At the time of application, the application shall state the number of days which the license or permit shall be effective, which number of days shall not exceed fifteen and pay the full fee in advance prior to the issuance of said license or permit.
No license or permit may be transferred from one person to another
person and no license, permit or badge issued under the provisions
of this section shall be used or worn at any time by any person other
than the person to whom it was issued.
Licenses and permits issued pursuant to this section shall be
signed by the licensing officer and the holder thereof and set forth
the following information:
a.
The name and address of the person holding the license or permit.
b.
The kind of goods to be sold or services to be rendered by a peddler
or solicitor, or the nature of the activity in which a canvasser is
engaged, as well as the name and address of his employer or organization,
if any, and the license number or other identifying description of
any vehicle used.
c.
The period for which the license or permit is issued and the commencement
and expiration dates thereof.
d.
The amount of the fee paid.
Whenever a license or permit is issued, the licensing officer
shall also issue a badge bearing the following: The name of the township,
a number, the words "peddler," "solicitor," or "canvasser," and a
statement that the issuance of the license or permit does not constitute
an endorsement by the township of any person, product, service or
organization. The badge shall be provided with an opening or window
in which shall be inserted a card bearing the name of the holder of
a license or permit, his photograph and the year of issuance.
Every person holding a license or permit issued pursuant to
this section shall carry such license or permit with him at all times
while engaged in the activity for which the license or permit was
issued and also wear the badge issued to him upon his outer clothing
in such a way as to be conspicuous during such time as he is engaged
in the activity covered by his license or permit.
Upon the request of any police officer or resident of the township,
every person holding a license or permit issued pursuant to this section
is required to produce and permit examination of such license or permit.
No peddler, solicitor or canvasser shall engage in such activities
after 9:00 p.m. prevailing time.
No peddler shall have any exclusive right to any location in
the public streets, nor shall any be permitted a stationary location,
nor shall he be permitted to operate in any congested area where his
operations might impede or inconvenience the public.
No peddler, nor any person in his behalf, shall shout, make
any cryout, blow a horn, ring a bell or use any sound device, including
any loudspeaking radio or sound amplifying system, upon any of the
streets or other public places of the township or upon any private
premises where sound of sufficient volume is emitted or produced therefrom
to be capable of being plainly heard upon the streets or any public
places, for the purposes of attracting attention to any goods, wares
or merchandise which such licensee proposes to sell.
The holder of any license or permit issued pursuant to this
section shall be courteous to all persons, shall not importune or
annoy any of the residents of the township and shall at all times
conduct himself in a quiet, orderly and lawful manner while acting
as a peddler, solicitor or canvasser within the township.
a.
"Street" shall mean and include any street, road, highway, avenue,
lane and public place in the township.
b.
"Taxicab" shall mean and include any motor vehicle used in the business
of transporting persons for hire, from or to points within the township,
including vehicles hired by charter or special contract, whether the
fare or price is agreed upon in advance or not.
c.
"Cruising" shall mean the driving of an empty taxicab to and fro
along a public street at a slow rate of speed for the obvious purpose
of soliciting passengers.
No person shall drive, operate or use for hire any commercial
vehicle, as hereinabove defined, for the transportation of passengers
from any point within the township without first having obtained a
license for every operator and every vehicle to be so operated.
Every application for a license shall be filed with the licensing
officer on a form to be furnished by the township. The township committee
may, by resolution, fix rates of fare to be charged for transportation
of passengers in such licensed commercial vehicles.
The annual fee to be paid for such license shall be as set forth in Chapter XXIV, subsection 2-4.1.
At the time of granting of licenses under this section, the
licensing officer shall sign such license and issue to the licensee
a certificate of registration, to which shall be attached a photograph
of the licensee to be furnished by the licensee and taken within 30
days preceding the granting of such license. The certificate shall
specify the year for which the same is issued and for which the licensee
shall pay the fee prescribed in the subsection 4-10.4c1.
a.
Solicitation; Cruising. No taxicab, while waiting for employment
by passengers, shall stand on any public street or space other than
that at or upon a taxicab stand designated or established in accordance
with this section, nor shall any driver of such taxicab seek employment
by repeatedly and persistently driving his taxicab to and from in
a short space before, or by otherwise interfering with the proper
and orderly access to, or egress from, any theatre, hall, hotel, public
resort or other place of public gathering, and no driver shall solicit
passengers for a taxicab except when sitting upon the driver's
seat thereof, nor shall any driver of a taxicab solicit employment
in the transportation of passengers by driving in or through any street
or public place at a slow rate of speed, commonly designated as "cruising."
b.
Refusal of Fares. No taxicab operator, owner, dispatcher or employee
shall refuse to carry any orderly person to any destination within
a 50-mile radius of the township, provided that the person agrees
to pay the proper rate of fare, and this regulation shall apply regardless
of whether the aforesaid request for transportation shall be made
directly or by telephone and whether made at a taxicab stand or at
any other place; provided, further, that compliance with this request
would not result in a violation of any other provision of this section.
c.
Posting of Rates. A schedule of the rates of fare shall be conspicuously
placed inside each licensed taxicab.
There is reserved to the township committee the right to designate
the places within the township which may be used as public stands
for licensed taxicabs and to make such regulations and directions
respecting the places or positions to be occupied by taxicabs as may
be necessary to preserve order and promote public convenience. The
township committee is also authorized to make such rules and regulations
in relation to the operation of taxicabs and the conduct of the operators
thereof as it may from time to time determine to be necessary and
proper in the best interests of the residents of the township.
No person shall engage in or carry on the business of junk dealer,
motor vehicle junk dealer or dealer in second hand motor vehicles
or parts thereof in the township without obtaining a license as provided
in this section.
As used in this section:
a.
"Motor vehicle junk dealer" or "dealer in second hand motor vehicles"
shall mean and include purchasing, selling, exchanging, or storing
dismantled, partly dismantled or used motor vehicles, including motorcycles.
This section shall not apply to a casual sale of a single motor vehicle
previously owned and operated by the seller.
Every applicant for a license shall make a separate application
for the granting of a separate and distinct license for each separate
and distinct location where the business is to be maintained and operated.
In the case of an application for a newly established location, the
application must be accompanied by a site plan duly approved by the
planning board of the Township of Roxbury. The application shall include
the following:
a.
The name of the person making such application, his residence and
business address.
b.
A location survey map of the premises giving the street frontage
and delineating the exact area of the premises upon which the business
is to be conducted.
c.
The full amount of the fee shall accompany the application.
d.
Such other information as the township committee may require in order
to determine the fitness of the applicant to conduct the business,
and the adequacy of the premises to be used.
The fee for such license shall be as set forth in Chapter XXIV, subsection 24-4.1.
a.
None of the materials, the purchase, sale, exchange or storage of
which is regulated herein, shall be kept on any sidewalk or street
of the township or in front of the place of business licensed hereunder.
b.
It shall be unlawful for any licensee to permit any materials, the
purchase, sale, exchange or storage of which is regulated herein,
to be placed upon the licensed premises in such a manner so as to
permit rain water to collect and remain in and about said premises
for a period longer than 24 hours.
c.
It shall be unlawful for any licensee to stack, pile or place any
materials upon the licensed premises in such a manner as to create
a fire hazard or to create a place for the harboring or breeding of
rats, mice or vermin.
d.
It shall be unlawful for any licensee to cause any materials which
may be inflammable to be destroyed by burning, either on the premises
or at any other place within the township.
e.
All licenses issued pursuant to this section shall at all times be
subject to such reasonable rules and regulations as the township council
may determine to be necessary and proper in the best interest of the
citizens of the township.
f.
Environmental oversight.
1.
No license shall issue under this section 4-11 unless the applicant has submitted all current required New Jersey Department of Environmental Protection permits with the application or has submitted an affidavit certifying that the use and operations on site do not require any permits from the New Jersey Department of Environmental Protection.
2.
It shall be unlawful for any licensee to discharge to land, groundwater
or surface waters of this State any pollutant. A "pollutant" means
any dredged soil, solid waste, incinerator residue, filter backwash,
sewage, garbage, refuse, oil, grease, sewage sludge, munition, chemical
waste, biological materials, radioactive materials, thermal waste,
wrecked or discarded equipment, and construction waste or runoff or
other residue. If a licensee's business activities include the
storage or control of pollutants on site, the licensee shall provide
an appropriate physical location and proper procedures within acceptable
environmental standards for the storage and handling of pollutants
so as to prevent the discharge or potential discharge of pollutants
to land, groundwaters or surface waters of the State. "Waters of the
State" means the ocean and its estuaries, all springs, streams and
bodies of surface or groundwater, whether natural or artificial, within
the boundaries of this State or subject to the jurisdiction of this
State.
It is further declared that any violation of such rules and
regulations as made by the township council shall constitute a violation
of this section, punishable as hereinafter provided.
Any member of the township council, any member of the board
of health, the health officer, the chief of police, or any authorized
agent of the township shall have the right at any and at all reasonable
times to inspect any or all parts of the licensed premises.
Any person, partnership or corporation violating the provisions of this section shall be subject to the penalties set forth in Chapter III entitled "Police Regulations" section 3-1, Penalty, of the Revised General Ordinances of Roxbury Township and, additionally, the license may be revoked.
The board of health of the township shall issue all licenses
for the operation and maintenance by any person of a boarding home
for children within the meaning of Chapter VI of the New Jersey State
Sanitary Code, adopted April 1, 1963, and in accordance with its provisions.
Licenses shall be issued for a term not to exceed one year at a fee
of two ($2.00) dollars for each license and each renewal, and a record
of each license issued shall be kept by the secretary of the board
of health.
All licenses are subject to revocation for any violation of
any law, rule or regulation of the township board of health and the
New Jersey State Sanitary Code. Any person violating any provision
of the township board of health or the State Sanitary Code governing
the operation and conduct of boarding homes for children shall be
liable to a fine not to exceed one hundred ($100.00) dollars, to be
recovered by, and in the name of, the board of health of the township.
No person shall produce, operate or conduct any motion picture
or theatrical, for admission to which a fee is charged, excepting
performances given solely for the benefit of and under the supervision
of a religious, educational, charitable or non-profit organization
without having first obtained a license and paid the required license
fee.
Every applicant for a license under this section shall file
with the application a plan or sketch of the premises at which the
license activity will take place clearly showing the following:
a.
The number, location and dimensions of all entrances and exits.
b.
The nature and location of all fire alarms, fire detection and fire
fighting equipment.
c.
The nature and location of all sanitary facilities provided for the
use of patrons.
d.
The seating plan of the premises which shall indicate the number
of seats in each section of the premises and the total number of seats
which will be available for patrons.
e.
Such other information as may be appropriately required.
Application for a license under this section shall be investigated
by the construction official and the fire protection subcode official
to determine if the facts stated in the sketch accompanying the application
are correct.
If the report of the construction official and the fire subcode official are favorable, the licensing officer shall issue the license immediately upon payment of the required license fee. The annual fee for such license shall be as set forth in Chapter XXIV, subsection 24-4.1.
a.
All theatres shall maintain adequate fire detection, fire alarms
and fire fighting equipment, and shall be constructed with sufficient
exits to permit orderly evacuation in the event of fire and other
emergencies. During all times that the theatre is open to the public,
the fire exit doors shall be maintained in such a condition that they
can be easily opened from inside the theatre.
b.
All stairways, passageways and other facilities used by patrons in
entering or leaving the theatre or in going to and from rest rooms,
refreshment stands, lobbies and similar places shall be adequately
lighted and shall have such other facilities as are reasonably necessary
to prevent patrons from being injured through falls or otherwise.
c.
All parts of the theatre used by patrons shall be kept clean and
in sanitary condition at all times.
d.
Every person to whom a license is issued under this section shall
strictly comply with all applicable State and municipal laws and regulations.
It shall be unlawful for any person to conduct or engage in
any temporary or transitory amusement, entertainment or performance,
including but not limited to exhibitions, shows, concerts, carnivals,
fairs and circuses, or to exhibit any managerie or collection of beasts
or to exhibit, show or perform feats of activity or conduct or engage
in any enterprise for any purpose which would produce crowds of persons
that may affect the health, safety or welfare of the public, without
first having obtained a license as hereinafter provided.
The township council may, at its discretion, on application
give a license in writing to any person for any of the purposes mentioned
in this section for a period not to exceed 30 days.
a.
Application. Applicants for a license shall file with the licensing officer an application, certified to, in writing on a form to be furnished by the licensing officer for that purpose and shall set forth, the names and addresses of the persons, firms, associations or corporations sponsoring and conducting such amusement, entertainment, exhibition, show or performance, as defined in subsection 4-14.1 of this section, a description of the type of activity proposed to be conducted or engaged in, a precise description of the place where the activity is to be performed and conducted, the date or dates and hours of each performance, the estimated number of persons expected in attendance at each performance, the provisions to be made for potable water, sanitary sewer facilities, safe vehicular traffic and pedestrian circulation to and from the premises, crowd and noise control and the provisions for clean-up and restoration after termination of the activity to be so licensed.
Before any such license shall take effect, the applicant or
applicants shall pay to the licensing officer such fee as is hereinafter
stated.
b.
Essential considerations. Before approving an application, the township
council shall obtain and consider the written recommendations of the
local health officer, and the township chief of police and construction
code official to secure protection for the health and safety of the
participants and the public at large during the performance and conduct
of the activity to be authorized. Such considerations shall include,
but shall not be limited to, adequate potable water and sanitary sewer
facilities and other utilities necessary for essential services to
participants and the audience, safe and efficient vehicular and pedestrian
circulation and vehicular parking, congestion and noise control and
the consideration of any other element that may adversely impact upon
the immediate environment because of the proposed activity.
c.
Liability insurance. No license shall be issued for any of the purposes
required to be licensed under this section until there shall have
been submitted to the township attorney and approved by him as to
form and sufficiency and filed with the licensing officer at the time
application for a license is applied for, a policy or policies of
insurance, with the premium to be prepaid thereon, issued by an insurance
company duly licensed to transact business under the laws of the State
of New Jersey in the amount of five hundred thousand ($500,000.00)
dollars for bodily injury to any one person, in the amount of one
million ($1,000,000.00) dollars for bodily injuries to more than one
person which are sustained in the same accident and one hundred thousand
($100,000.00) dollars for property damage resulting from any one accident.
Such policy or policies of insurance shall inure to the benefit of
any person who shall be injured, or who shall sustain damage to property,
proximately caused by the applicant or the applicant's servants,
agents or employees by reason of any of the activities for which the
license applied for is granted.
d.
Security deposit. Prior to the issuance of a license, the township
committee may, in its discretion, require a security deposit in an
amount not to exceed one thousand ($1,000.00) dollars conditioned
upon the satisfactory clean-up and restoration of the place or area
in or upon which the business activity will be conducted and performed
as licensed under this section.
e.
Use of East Mapledale Avenue. Where post sunset access to the temporary or transitory amusement, entertainment or performance, as described in subsection 4-14.1, is proposed to be by East Mapledale Avenue leading to Rotary Island at Horseshoe Lake, Roxbury Township, New Jersey, township's approved temporary lighting for access along East Mapledale Avenue shall be provided by the applicant at the applicant's expense. In the event such temporary or transitory amusement, entertainment or performance applicant does not propose to use access on East Mapledale Avenue, then the applicant shall arrange with the township for an appropriate police-type blockade to be placed at that location blocking access to East Mapledale Avenue.
f.
Garbage and recyclable containers. As part of the review of the application
by the health officer, the health officer shall determine the number
of trash and recycling receptacles which shall be placed upon the
site during the course of the subject event and the applicant shall
arrange with the recreation department for the placement of such receptacles
on site.
g.
Pre-event security. Approximately four weeks prior to the event,
the applicant shall meet with representatives of the Roxbury Township
Police Department for purposes of determining security needs for the
event. The applicant shall provide the police department at this time
with a list, including the name, address, and social security number
of each individual anticipated to be employed at the event for the
purpose of a police examination and record check. The applicant shall
have an ongoing duty to update such list as the identification of
such employees changes in order that the police department has a current
list of employees at all times during the event.
h.
Use of township parks. Whenever an applicant for a licensed activity
under this section proposes the use of a township park, the applicant
shall not allow, suffer or permit any structures, permanent or temporary,
and any vehicles or equipment, of any kind or nature whatsoever, to
be stored on township park property prior to three days preceding
the start of the event and subsequent to three days succeeding the
end of the event. Overnight sleeping accommodations by tents, recreational
vehicles, or trailers shall not be permitted to remain on site after
the event has closed down for the evening. The applicant shall not
allow, permit or suffer participants in the activity to remain in
or upon the park premises from the point in time the event closes
and reasonable evening closing activities cease, until sunrise the
following day with the exception that a reasonable security force
may remain on site for security purposes.
No building, shed, tent, stand or other structure of any kind
either permanent or of temporary nature and used for any purpose for
which the license has been issued shall be used or erected upon any
of the property where such amusement, entertainment, exhibition, show
or performance shall be conducted without first obtaining a permit
from the construction code official which permit shall comply with
Chapter IX of the Revised General Ordinances of the Township and with
the terms of any or all other applicable ordinances of the township.
Every such license shall remain in force and be valid only for
the time therein expressed, and shall apply only to the person, firm,
association or corporation to whom granted and shall not be transferable.
The license fee for such license shall be as set forth in Chapter XXIV, subsection 24-4.1.
The township council may waive all or a portion of the license
fee requirement in connection with any amusement, entertainment, exhibition,
show or other performance conducted or given for charitable or benevolent
purposes by a nonprofit organization or association.
The penalty provisions of section 3-1 of the Revised General Ordinances of the Township of Roxbury, 1978, shall apply to this section.
For the purpose of this section, a transient merchant, itinerant merchant or itinerant vendor is defined as any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the Township of Roxbury or not, who engages in a temporary business not to exceed 30 days during any one calendar year, of selling or delivering goods, wares and merchandise within the township, and who, in furtherance of such purpose, hires, leases, uses or occupies any land, building, structure, motor vehicle, tent, railroad boxcar, or boat, public room in a hotel, motel, lodging house, apartment, shop or other place within the township, for the exhibition or sale of such goods, wares and merchandise, either privately or at public display provided that peddlers, solicitors and canvassers, as defined in and regulated by section 4-9 of the Revised General Ordinances of the township shall not be considered as transient merchants, itinerant merchants or itinerant vendors for the purposes of this section.
The person, firm, or corporation so engaged shall not be relieved
from complying with the provisions of this section merely by reason
of associating temporarily with any local dealer, trader, merchant
or auctioneer, or by conducting such transient business in connection
with, as a part of, or in the name of any dealer, trader, merchant
or auctioneer.
The provisions of this section shall not apply to any person,
firm or corporation engaging in indoor retail sales or commercial
displays carried on within the confines of any building approved for
commercial use by the municipal land use approving authority, provided
further that in those instances in which the activity is a transient
sale or display, the owner of the premises shall notify the governing
body, in writing, at least ten days prior to commencement of the sale
or display of the name and address of the person, firm or corporation
that will stand responsible for the activity and the nature and duration
thereof.
It shall be unlawful for a transient merchant, itinerant merchant
or itinerant vendor as defined in this section to engage in such business
within the Township of Roxbury without first obtaining a license therefor
as provided herein.
Nothing in this section shall be construed to permit the conduct
of any sales or business on Sundays in contravention of the Sunday
Closing Acts, N.J.S.A. 2A:171-5.8 et seq.; nor shall this section
be construed to permit any sales or business to be conducted within
any residential zone or in violation of the residential use district
regulations as established by the Land Use Ordinance of the township
or to permit the conduct of any sales or business within 30 feet of
a public street, public right-of-way or on other public lands. Furthermore,
nothing herein shall be construed to permit any sale or business to
be conducted in any manner which would in any way negatively impact
upon the health, safety or general welfare of any individuals in the
Township of Roxbury, whether citizens or not.
The license fee for engaging in, carrying on or conducting business as a transient merchant, itinerant merchant or itinerant vendor shall be as set forth in Chapter XXIV, subsection 24-4.1. Upon payment of the fee, the licensee shall receive a license which shall continue in favor of the person to whom it is issued for a period not to exceed 30 days from the day of issuance.
All applications for such license shall be certified to and
signed by the applicant, if any individual, by all partners of a partnership,
and by the president if a corporation, and shall set forth:
a.
The name or names of the person or persons having the management
or supervision of applicant's business during the time that it
is proposed that such business will be carried on in the Township
of Roxbury; the local address or addresses, if any, of such person
or persons while engaged in such business; the permanent address or
addresses of such person or persons; the capacity in which such person
or persons will act (that is, whether as proprietor, agent or otherwise);
the name and address of the person, firm or corporation for whose
account the business will be carried on, if any; and if a corporation,
under the laws of what State the same is incorporated.
b.
A declaration as to the number of days during which the proposed
business is to be conducted but in no event to exceed 30 days.
c.
The precise place within the township where it is proposed to carry
on applicant's business.
d.
Credentials from the person, firm or corporation for which the applicant
proposes to do business, authorizing the applicant to act as such
representative.
e.
Authorization from the person, firm or corporation that owns or is
in possession of the premises upon which the proposed business is
to be conducted consenting to the use of the premises for the purpose
upon which the application is made.
f.
The name and post office addresses of the persons, firms or corporations
from which goods making up the stock to be sold or displayed or purchased
are obtained.
g.
The place or places, other than the permanent place of business of
the applicant, where applicant within the 12 months next preceding
the date of such application conducted a transient business, stating
the nature thereof and giving the post office and street address of
any building or office in which such business was conducted.
h.
A statement of the nature, character and quality of the goods, wares
or merchandise to be sold or offered for sale by applicant or exhibited
in the Township of Roxbury, the invoice value and quality of such
goods, wares and merchandise, whether the same are proposed to be
sold from stock in possession or from stock in possession and by sample;
and, where the goods or property proposed to be sold are manufactured
or produced, and where such goods or products are located at the time
such application is filed.
i.
A brief statement of the nature and character of any advertising
that was done, or is proposed to be done, in order to attract customers
and, if required by the licensing officer, copies of all such advertising
whether by handbills, circular, newspaper advertising, or otherwise,
shall be attached to the application as exhibit thereto.
j.
Such other reasonable information as to the identity or character
of the person or persons having the management or supervision of applicant's
business or the method or plan of doing such business as the licensing
officer may deem proper to fulfill the purposes of this section in
the protection of the public good.
The township council may waive all or a portion of the payment
of any fee or charge of any charitable or religious society that shall
conduct sales of personal property when the proceeds thereof shall
be applied to the payment of the expenses of the society and to the
charitable or religious objects for which the society exists; or the
payment of any fee or charge of any art, antique or historical society
that shall conduct an exhibition and sale of art objects, pictures,
paintings, prints, historical articles and furniture generally known
and designated as antiques and kindred objects; or the payment of
any fee or charge of any agricultural show, fair or garden society
selling or closing out certain of their exhibits, if such society
is a duly incorporated and existing association not for pecuniary
profit of this State.
Any individual, corporation or organization which fails to comply
with the requirements of this section or any part thereof, or makes
a false or fraudulent representation in any statement required by
this section to be filed by him, or falsely represents by advertising
or otherwise that such personal property is in whole or in part damaged
goods saved from fire or other accident or disaster, or makes any
false statement as to the previous history or character of such personal
property, shall be subject to a fine not exceeding five hundred ($500.00)
dollars or imprisonment for a period not exceeding 90 days, or both.
Any individual, corporation or organization which engages in the activities
defined herein without first having obtained a license therefor shall
be subject to a fine not exceeding five hundred ($500.00) dollars
or imprisonment for a period not exceeding 90 days, or both. Each
day of operation without the appropriate license shall be deemed to
be a separate offense subjecting the violator to separate penalties
as defined herein.
[Amended 5-23-2017 by Ord. No. 12-17; 5-22-2018 by Ord. No. 06-18]
a.
The purpose and intent of this section is to assist law enforcement
officials and victims of crime in recovering stolen precious metals,
gems, gemstones and/or other articles by requiring reasonable reporting,
maintenance and distribution criteria for secondhand and transient
dealers.
b.
No person shall use, exercise or carry on the business, trade or
occupation of purchase, buying, receiving, or selling of any property
described in Appendix I of this section,[1] or operate as a dealer of said property within the Township
of Roxbury, without having first obtained a license from the Township
of Roxbury Police Department as hereinafter provided.
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
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 forms of identification include: a current valid
New Jersey Driver's License or Identification Card issued by
the New Jersey Motor Vehicle Commission, a current valid photo driver's
license issued by another United States state, other verifiable United
States government issued photo identification with address, or valid
United States passport and evidence of current address. All of the
above listed identification procedures require the dealer to capture/record
evidence of the person's current address.
For the purposes of this section, a three-person panel consisting
of the Township Manager, a Township Police Officer, and a resident
of the Township selected by the Township Manager.
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. 51:6A-1 et seq.
The Chief of Police of the Township of Roxbury or his designee/representative.
A computerized internet capable database with hardware and
software compliant with standards set by the Chief of Police.
Any person, partnership, corporation, or other entity, whether
permanent or itinerant, who on one or more occasions (through any
means) buys or sells, or otherwise exchanges or trades any secondhand
goods, or property as described in Appendix I of this section,[1] and includes anyone advertising the purchase, sale or
trade of any of the aforementioned items. "dealer" shall not include
a licensed pawnbroker engaging in a Pawn transaction as defined herein;
however, "dealer" shall include pawnbrokers as related to transactions
for where the pawnbroker purchases, buys, trades or exchanges secondhand
goods, or property as described in Appendix I of this section.
Those minerals, crystals, and compounds and like substances
considered precious or semiprecious and commonly used in jewelry,
which include, but are not limited to: diamond, sapphire, ruby, emerald,
and garnets.
Is a restricted monetary equivalent or scrip that is issued
by retailers or banks to be used as an alternative to a nonmonetary
gift.
Any business conducted intermittently within the Township
of Roxbury at varying locations.
The statutory officer whose duties are defined in N.J.S.A.
40A:9-133 and may refer to the duly appointed Clerk of the city, township,
village, or borough.
A bailment of personal property as security for any debt
or engagement redeemable upon certain terms and with the implied power
of sale on default; or the lending money on deposit or pledge of personal
property, other than choses in action, securities, or printed evidences
of indebtedness; or purchasing personal property on condition of selling
it back at a stipulated price; or doing business as furniture storage
warehouseman and lending money on goods, wares or merchandise pledged
or deposited as collateral security.
Any person, partnership, association or corporation lending
money on deposit or pledge of personal property, other than choses
in action, securities, or printed evidences of indebtedness; or purchasing
personal property on condition of selling it back at a stipulated
price; or doing business as furniture storage warehouseman and lending
money on goods, wares or merchandise pledged or deposited as collateral
security and licensed with the State of New Jersey pursuant to the
pawnbrokering Law, in accordance with N.J.S.A. 45:22-1 et seq.
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.
Metals consisting of gold, silver, sterling, platinum and/or
their alloys as defined in N.J.S.A. 51:5-1 et seq., N.J.S.A. 51:6-1
et seq. and/or N.J.S.A. 51:6A-1 et seq.
Individuals and other retail sellers, not to include businesses
engaged primarily in wholesale transactions.
The exchange of money or other consideration for the sale,
conveyance or trade of any secondhand goods, or property as described
in Appendix I of this section.[2]
Every transaction conducted by a dealer in which secondhand
goods or property described in Appendix I of this section[3] is purchased, traded or exchanged from or with the public,
as those terms are defined in this section.
Any article previously sold, acquired, exchanged, conveyed,
traded or otherwise formerly owned, including but not limited to scrap
gold, old gold, silver, jewelry, coins, 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, artworks, platinum,
all other precious metals, gemstones, tools of all kinds, televisions,
DVRs, GPS, camcorders, car stereos, gift cards, other valuable articles
as listed in Appendix I.[4]
A dealer who has not been in any retail business continuously
for at least six months at that address in the municipality where
the dealer is required to register. The term "transient buyer" will
also include a dealer who intends to close out or discontinue all
retail business in the Township of Roxbury within six months, or as
so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1. Vendors doing
business during a community event sponsored/sanctioned by the Township
of Roxbury shall not be considered a transient buyer.
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
[2]
Editor's Note: Appendix I is included as an attachment to this chapter.
[3]
Editor's Note: Appendix I is included as an attachment to this chapter.
[4]
Editor's Note: Appendix I is included as an attachment to this chapter.
No person, partnership, limited liability company, corporation, or other entity shall engage in the business of purchase, buying, selling, or trading of precious metals or other secondhand goods, as defined above, within the jurisdiction of the Township of Roxbury, without having first obtained a license therefore from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in § 4-16.2 above are being bought in any location within the Township of Roxbury shall constitute engaging in business as a dealer of secondhand goods for purposes of this section. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the Township of Roxbury. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this section and shall be subject to the penalties established in this § 4-16.
a.
Upon receipt of an application completed pursuant to this § 4-16, the Municipal Clerk shall refer such application to the Chief of Police, who shall make an investigation of the prospective licensee for the purpose of determining the suitability of the applicant for licensing. The investigation shall include, but shall not be limited to the following:
1.
The experience of the applicant in the business of purchase and sale of those articles or goods referred to in § 4-16.3 above, although nothing in this section shall be construed to warrant denial of a license solely on the basis of lack of experience.
2.
The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources, which sources shall be
disclosed to the applicant in the event of a denial of any license.
3.
Any criminal record of the applicant including any past convictions
for any crime(s), disorderly persons offense(s), or municipal ordinance
violation(s) within this or any other jurisdiction. The Chief of Police
may, as part of the application process, require a fingerprint criminal
background check through the Federal Bureau of Investigation, Criminal
Justice Information Services Division, which may require an additional
fee from the applicant.
4.
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious metal or other secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall be construed to require denial of any license solely on the ground that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business; however, applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by this § 4-16 will be stored as well as the location where purchased goods will be retained during the mandatory inspection period required hereunder.
b.
The Chief of Police shall complete any investigation within 30 days
of the submission of the fully completed application to the Municipal
Clerk. If a criminal record check has been requested within the thirty-day
period and has not been received by the Chief of Police within that
period, the Chief of Police may, if all other factors are satisfactory,
recommend a conditional issuance of the license subject to the finding
regarding criminal record.
c.
The Chief of Police shall, upon completion of the investigation,
recommend "grant" or "denial" of the license to the Municipal Clerk,
who shall grant or deny the license. Any recommendation of the Chief
of Police shall be in writing and, in the case of a recommendation
of denial, shall state fully and specifically the reasons for said
recommendation. If the Municipal Clerk accepts the recommendation
of the Chief of Police to deny any license, the applicant shall be
notified in writing within 10 days of such denial and the Clerk shall
forward to the applicant a statement of the reason or reasons for
such denial.
d.
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the reporting, retention and inspection requirements specified hereunder, or any other portion of this § 4-16. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required.
e.
Whenever any application for a permit is denied, the applicant shall
be entitled to a hearing before the Appeal Panel, at which time the
applicant shall be permitted to introduce such evidence as may be
deemed relevant to such denial. Any applicant exercising the right
to appeal must file a written notice of appeal within 10 days of receiving
writing notice of denial of a license to act as a dealer of secondhand
goods.
a.
Prior to final issuance of a license, a fee of $250 shall be paid
to the Township of Roxbury in a manner as directed by the Township
Clerk.
b.
A license issued under the provisions of this section shall not be transferable and shall terminate on December 31 of the year in which said license is issued, unless it is renewed pursuant to the provisions of Subsection c below.
c.
On or about November 1 of each year, the Chief of Police shall make available a renewal application for each licensed dealer under this section. Upon submission of the renewal application and required $250 annual fee, the license will be renewed unless the dealer has violated provisions of § 4-16. In such case the Chief of Police will notify the dealer, who may request a hearing as described in § 4-16.4.
a.
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate thereunder. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to § 4-16.10.
1.
Grounds for suspension. The following shall constitute grounds for suspension: violation of any provisions of § 4-16, including failure to comply with any training or fees associated with the electronic database software system in use by the Township of Roxbury; violation of any other statute, regulation, or local ordinance; or any other illegal, improper, or fraudulent activity.
2.
Procedure for suspension. Upon determination that appropriate grounds
exist and that a suspension is warranted, the Chief of Police or a
designee thereof shall issue a written notice of suspension of license
to the offending dealer and to the Municipal Clerk, which shall set
forth the grounds for the suspension and notify the dealer of his
or her right to appeal. A temporary suspension shall issue immediately,
pending the outcome of any appeal taken. Suspended dealers must immediately
cease engaging in the business of purchasing for resale, and/or selling
of precious metals and/or other secondhand goods in the Township of
Roxbury until reinstatement.
3.
Reinstatement. Suspended dealers may be reinstated only when the
grounds leading to the suspension have, in the determination of the
Chief of Police or the Chief's designee, been cured, corrected,
or appropriately rectified; or if reinstatement is deemed appropriate
by the Appeal Panel.
b.
Revocation. A license issued under this section may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or the Chief's designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this section. This penalty shall be in addition to any fines and penalties the dealer may incur under § 4-16.10.
1.
Ground for revocation. The following shall constitute grounds for revocation: a third violation under § 4-16; a second violation under this § 4-16 less than one year after an earlier violation under this section; conviction for a criminal offense within this or any jurisdiction; or multiple violations of any other regulations or local ordinances within this or any jurisdiction.
2.
Procedure for revocation. Upon determination that appropriate grounds
exist and that a revocation is warranted, the Chief of Police or the
Chief's designee shall so report to the Municipal Clerk in writing.
A temporary suspension will immediately and automatically issue, if
one is not already in effect, pending the outcome of the charge. The
Appeal Panel shall review the stated grounds for revocation and the
panel shall issue an appropriate disposition of suspension, revocation,
or reinstatement. If the panel determines that revocation is the appropriate
disposition, it shall set forth the grounds for the same in writing
in the form of a notice of revocation, which shall be provided to
the dealer. The notice shall advise the dealer of the right to appeal.
If the panel determines that suspension is the appropriate disposition,
it shall provide the dealer with a notice of suspension that shall
advise the dealer of the right to appeal. Following revocation, the
dealer must relinquish his or her license and must immediately and
indefinitely cease operating as a dealer of precious metals or other
secondhand goods within the Township of Roxbury.
c.
Appeal. Any applicant wishing to appeal an issuance of a suspension
or revocation shall be entitled to a hearing before the Appeal Panel,
at which time the applicant shall be permitted to introduce such evidence
as may be deemed relevant to such suspension or revocation. Any applicant
exercising the right to appeal must file a written notice of appeal
within 10 days of receiving written notice of revocation or suspension
of license.
d.
A dealer shall have the right to change the location of the licensed
business within the Township of Roxbury, provided that he or she notifies
the Municipal Clerk, in writing, of the street address of said new
location.
Every dealer within the Township of Roxbury shall, upon the
purchase, or receiving for consignment, of any secondhand property,
article, or property described in Appendix I[1] of this section from the public, as this term is defined in § 4-16.2, be required to:
a.
Record using a unique transaction number and/or receipt number; 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. and any property
containing a serial number.
b.
Obtain a declaration of ownership from each seller, which shall contain
the following certification: "My signature confirms that I am the
sole legal owner and legally authorized to sell the article, item
and/or goods being sold. By signing below, I certify that I did not
obtain, nor possess, the article, item and/or goods being sold through
unlawful means. I am at least 18 years of age and the identification
presented by me is valid and correct."
c.
Document, through use of an electronic database software system as
designated by the Chief of Police, the information as required by
this section. These records shall be subject to the inspection of
any sworn police officer acting in the performance of their duties.
d.
Through the use of applicably required computer equipment, and using
the electronic format approved by the Chief of Police, enter all transactions
into the electronic database within 48 hours from the date of purchase
including the following information:
1.
The name, address, date of birth, telephone number, and governmental
identification number of the seller;
2.
A full description of property sold by the seller, including, but
not limited to, marks, numbers, dates, sizes, shapes, initials, monograms
and serial numbers, face value and identifying numbers of gift cards;
3.
The price paid for the property;
4.
The entry must include the name of the Clerk or the dealer who made
the transaction so as to readily identify that individual.
5.
A color photograph or color image of the seller's presented
governmental photo identification scanned into the transaction record.
6.
A color photograph or color image of all property sold scanned into
the transaction record. When photographing or imaging, all property
must be positioned in a manner that makes it readily and easily identifiable.
e.
All of the above described property cannot be sold or disposed of
and shall be made available for inspection by any sworn police officer
in the performance of their duties for a period of 15 business days
from the date the information required above is received by the Chief
of Police in the prescribed electronic format. The property shall
remain in the same condition as when purchased and shall not be changed,
modified, melted or disposed of by the dealer until the fifteen-day
period has expired. If the property is such that it would create a
hardship on the dealer by holding the property 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.
f.
In the event of a database failure or dealer's computer equipment malfunctions, all transaction information is required to be submitted to the Chief of Police within 24 hours of purchase and on paper forms approved by the Chief of Police. In the event that paper forms are used, the dealer is responsible to enter all required transaction information described in § 4-16.7 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 this section and may result in the revocation of the dealer's license under § 4-16.5 of this section.
g.
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 Roxbury Police Department or any other sworn
police officer acting in the performance of their duties to examine
any database, book, ledger, or any other record on the premises relating
to the purchase of any article, secondhand good, or property from
the public as defined in this section. Itinerate businesses shall
be responsible to notify the Chief of Police the address where records
and purchased articles shall be stored. Roxbury Township police officers
are empowered to take possession of any property known by a 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. A receipt will be provided to the dealer for
any property seized by the Roxbury Township Police Department. Upon
probable cause that the article, secondhand good or property being
held by a dealer are stolen, and providing that the seller signed
the certification as required in § 4-16.7.2 upon the sale,
a law enforcement officer shall charge the seller with theft by deception
in accordance with N.J.S.A. 2C:20-4 on behalf of the dealer, who shall
be considered a "victim" of the offense for purposes of N.J.S.A. 2C:43-3
and subject to restitution under N.J.S.A. 2C:44-2.
h.
All dealers shall maintain records of purchases for at least five
years in the form prescribed in this section.
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
This section shall not apply to purchases made by dealers from wholesalers or other legitimate suppliers, but shall only apply to those purchases made from the public which includes other retail sellers as defined in § 4-16.2. The dealer shall keep records of all wholesale purchases for a period of six months from the date of such purchase, which records shall be opened to investigation by the Roxbury Township Police Department or any sworn police officer in the performance of their duties. Further, this section shall not apply to the following transactions:
a.
Judicial sales or sales by executors or administrators;
b.
Occasional or auction sales of household goods sold from private
homes;
c.
Auctions of real estate;
d.
The occasional sale, purchase, or exchange of coins or stamps by
a person at his permanent residence or in any municipally owned building
who is engaged in the hobby of collecting coins or stamps and who
does not solicit the sale, purchase, or exchange of such coins or
stamps to or from the general public by billboard, sign, handbill,
newspaper, magazine, radio, television, or other form of printed or
electronic advertising;
e.
Purchase, sale or consignment of furniture and clothing;
f.
Pawn transactions by a licensed pawnbroker.
No dealer within the Township of Roxbury shall purchase any
property as defined in Appendix I[1] from any person under the age of 18 years.
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
Violation of any provision of this section shall, upon conviction
thereof, be punished by a minimum fine of $100 or a maximum of $2,000
and/or by imprisonment for a term not exceeding 90 days and/or by
a period of community service not exceeding 90 days or any combination
thereof. Each and every violation shall be considered a separate violation.
Each day that a violation continues shall be a separate violation.
Each violation shall result in a ten-day suspension of the dealer's
license under this section.
The purpose of this section is to provide standards and regulations
for various types of intrusion, burglar, fire and other emergency
alarm equipment whether by producing a visual or audible signal or
whether by direct line, radio, telephone or other means actuating
a device at the police headquarters of the township and requiring
response thereto by the police department, fire department, or other
municipal agencies.
The provisions of this section shall apply to alarm businesses
and to any person who operates, maintains or owns any alarm device,
dial alarm or local alarm designed to summon the police, fire department
or other municipal agencies to any location in response to any type
of alarm signal.
a.
"Alarm business" shall mean any business operated by a person for
a profit which engages in the activity of altering, installing, leasing,
maintaining, repairing, replacing, selling, servicing, or responding
to an alarm system, or which causes any of these activities to take
place.
b.
"Alarm console" shall mean the console or control panel of devices
giving a visual or audio response or both and located within the confines
of the police or communications department of the township.
c.
"Alarm device" shall mean any type of alarm system actuating equipment
in the alarm console providing warning of intrusion, fire, smoke,
water flow, flood or other peril.
d.
"Alarm installation" shall mean any alarm system or combination of
systems installed for one or more buildings at a location other than
the alarm console.
e.
"Alarm system" shall mean equipment or a device or an assembly of
equipment and devices designed to signal the presence of an emergency
or a hazard requiring urgent attention and to which the police or
fire department may be expected to respond. In this section, the term
"alarm system" shall include the terms "alarm devices", "local alarms",
and "dial alarms", as those terms are herein defined.
f.
"Dial alarm" shall mean any type of alarm system using telephone
lines transmitting an alarm directly through the police switchboard
providing warning of intrusion, fire, smoke, water flow, flood or
other peril.
g.
"False alarm" shall mean any alarm or signal of an alarm system actuated
by inadvertence, negligence, intentional or unintentional act of a
person other than an intruder and including as well alarms caused
by mechanical failure, malfunctioning or improper installation of
the alarm system and related equipment, but not including alarms created
by mechanical failure, malfunctioning or improper installation of
the alarm console, or telephone lines over which the alarm user or
alarm company has no control.
h.
"Licensee" shall mean an alarm business licensed according to the
provisions of this section.
i.
"Local alarm" shall mean any alarm system which when actuated produces
a signal not connected to the alarm console or the police switchboard,
such as store burglar alarms actuating bell devices providing warning
of intrusion, fire, smoke, water flow, flood or other peril. The term
"local alarm" shall not include an alarm equipment designed to signal
solely within the building (or series of buildings if owned by the
same person) on which it is located and which is not designed to emit
signals visible or audible to persons outside such building (or series
of buildings),
j.
"Governing body" shall mean the council of the Township of Roxbury.
k.
"Permittee" shall mean any person owning an alarm device who has
obtained a permit according to the provisions of this section.
l.
"Police chief or his designated representative" shall mean:
1.
Police chief - the police chief or acting police chief of the township.
2.
Designated representative - any person designated by the police chief
to perform a function required or permitted by the provisions of this
section. The term "designated representative" shall be limited to
members of the township police department or employees of the township
assigned to and working in the communications department.
m.
"Police department" shall mean the township police department.
n.
"Registrant" shall mean a person owning a local alarm or dial alarm
who has registered the local alarm or dial alarm according to the
provisions of this section.
o.
"ANSI" shall mean the abbreviation for American National Standards
Institute.
p.
"UL" shall mean the abbreviation for Underwriter's Laboratories.
q.
"NFPA" shall mean the National Fire Protection Association.
r.
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include
the singular number, and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely
directory.
[1]
Editor's Note: Former subsection 4-17.4, Alarm Console, previously
codified herein and containing portions of Ordinance No. 8-82 was
repealed in its entirety by Ordinance No. 21-91.
The township shall be under no duty or obligation to any permittee
or to any alarm console licensee hereunder. The alarm console and
allied equipment are maintained at will and are subject to termination
at any time by cancellation of the system by ordinance duly adopted
by the township council and any individual permit issued hereunder
may be revoked at any time by the township council upon recommendation
of the chief of police provided 30 days notice is given in writing
to the permittee.
a.
No person shall operate an alarm business, or solicit such business,
within the township, without first having obtained a license, as provided
herein.
b.
Any person seeking to operate an alarm business in the township at
any time after the effective date of the ordinance shall apply, on
a form to be furnished by the police chief or his designated representative
to the licensing official for a license to operate such business.
Businesses which sell only alarms, and which perform no other alarm
service, maintenance or installation, shall not be required to obtain
a license under this section.
c.
An application for a license under this section shall be signed by
an authorized representative of the applicant and shall contain:
1.
The name, address and telephone number of the alarm business.
2.
The names, addresses and telephone numbers of the owner or owners
of the alarm business and, if the applicant is a corporation, the
names and addresses of the directors, officers, and stockholders who
hold more than 20 percent of the outstanding shares.
3.
Information as to whether the applicant has satisfactory financial
and personal references indicating the ability to comply with the
terms of this section.
4.
A complete list of all criminal convictions, except minor traffic
violations, of the applicant or owner, partner, officers or local
office manager of applicant.
5.
A description of services to be provided by the applicant if a license
is granted; and
6.
Such further information as may be required by the township council
or the police chief of the township.
d.
An applicant for a license, or a licensee if a license is granted,
shall notify the licensing official in writing of any substantial
change in the information contained in the license application within
ten days of such change.
e.
Applications for licenses shall be accompanied by a non-refundable fee as set forth in Chapter XXIV, subsection 24-4.1 to cover the costs involved in processing the application and investigating the applicant.
f.
Within 60 days after the filing of an application for a license,
the police chief, or his designated representative, shall notify the
applicant of his decision to approve or deny the application and shall,
in the case of approval, notify the applicant that, upon payment of
the required fee, the applicant will be issued a license.
g.
No application shall be denied by the police chief, or his designated
representative, unless he determines that the applicant has not demonstrated
the ability to comply with the terms of this section, that the applicant,
or any owner, partner, officer or local office manager of the applicant,
has a record of criminal convictions, or for other just cause. The
reason for the denial shall be specified in the notification to the
applicant.
h.
If an application has been denied, the applicant may appeal the denial
to the township council by filing a notice of appeal with the township
clerk within ten days after receipt of the notice of denial. The notice
of appeal shall specify the grounds upon which he relies in contending
that the denial was in error. A hearing of the notice of appeal shall
be held by the township council within 35 days after the filing thereof
and the applicant shall be afforded at least five days notice of the
hearing date. The applicant, or his representative, may make an oral
or written statement of his appeal to the township council, which
shall notify the applicant in writing of its decision within seven
days after the hearing date. The decision of the council shall be
final.
i.
The annual fee for a license under this section shall be as set forth in Chapter XXIV, subsection 24-4.1.
j.
The term of a license under this section shall be five years.
k.
Any alarm business doing business in the township on the date of
final adoption of this ordinance may continue to do business while
its application for a license is being processed. In the event a license
is denied, the alarm business shall cease and desist from doing business
upon receipt of the notice of denial from the licensing official,
except where an appeal is taken, as provided in paragraph h. of this
subsection, in which case the alarm business shall cease and desist
from doing any further business upon receipt of any decision of denial
from the township council.
l.
For any such license granted hereunder, the licensee shall assume
all liability and agree to indemnify and save harmless the Township
of Roxbury, its agents and employees and the township police department
for any liability in connection with the operation of the alarm business
and in conjunction therewith shall furnish annually to the township
clerk a noncancellable insurance certificate indicating liability
coverage in an amount not less than one million ($1,000,000.00) dollars.
a.
In addition to any penalties which may be imposed for the violation
of certain provisions of this section, the township may, pursuant
to the provisions of this section, revoke the license of an alarm
business on any of the following grounds:
1.
Fraud or willful and knowing misrepresentation or false statement
made in an application for a license.
2.
Fraud or willful and knowing misrepresentation or false statement
made in the conduct of an alarm business.
3.
Failure to correct any deficiencies in equipment or operation within
30 days after receipt of notice of same from the police chief or his
designated representative.
4.
Failure to comply within a reasonable time with any order or notice
issued by the police chief, or his designated representative, or failure,
after reasonable notice, to permit the police chief, or his designated
representative, to inspect any lists which he is authorized to inspect
under this section, or failure to comply with the provisions of this
section within a reasonable time, not less than 30 days, after notice
or order from the police chief, or his designated representative.
b.
No alarm business license shall be revoked until a hearing is held
by the police chief, or his designated representative. Written notice
of the time and place of the hearing shall be served on the licensee
at least ten days before the date set for the hearing. The notice
shall set forth a summary of the grounds advanced as the basis of
the revocation of the license. The licensee shall be notified in writing
of the decision as to revocation of his license within ten days after
the hearing.
c.
Any person whose license is revoked under this section shall have
the right, within ten days after receiving notice of revocation, to
appeal the revocation to the township council by filing a notice of
appeal with the township clerk. The notice of appeal shall set forth
in detail the specific ground or grounds on which it is based. The
township council shall hold a hearing on the appeal within 30 days
after the filing thereof and shall cause the appellant to be given
at least ten days written notice of such hearing. At the hearing the
appellant, or his representative, shall have the right to present
a written or an oral argument, or both, in support of his appeal.
The township clerk shall notify the licensee of its decision on the
appeal within ten days after the hearing. The decision of the township
council shall be final.
d.
Within ten days after an alarm business received notice of revocation of its license, or after it has exhausted all appeals provided for in this section with respect to such revocation, it shall notify, by certified mail, return receipt requested, all persons for whom it is required to maintain a list pursuant to subsection 4-17.10 of such revocation, and the notice shall advise such persons that the alarm business must cease providing service for alarm systems to such persons within 30 days after the date it received notice of revocation or after the date it received notice of the decision of an appeal to the township council. When the notice required by this paragraph has been completed, the alarm business shall submit a sworn certificate to the police chief, or his designated representative, that it has met the requirements of this paragraph.
e.
An alarm business licensee may continue to operate his business for
a period of not more than 30 days after a notice of revocation has
been received or after all rights of appeal provided in this section
have been exhausted, whichever is later.
a.
No person shall install or operate an alarm device or a local alarm,
at any time after the expiration of 90 days from the effective date
of this section without first having obtained a permit as provided
hereunder.
b.
An application for a permit under this section shall be signed by
an authorized representative of the applicant, shall be made on forms
furnished by the police chief, or his designated representative, and
shall contain at least the name of the applicant, the address of the
residence or businesses in or upon which the alarm device has been
or will be installed, telephone number of the applicant, the type
of device, and licensed alarm business or business selling, installing,
monitoring, inspecting, servicing, responding to and/or maintaining
the alarm device, and the name and telephone number of at least two
other persons who can be reached at any time, day or night, and who
are authorized to respond to an alarm signal and who can open the
premises in which the system is installed.
c.
Any permit or registration granted hereunder shall be accepted upon
the express condition that the permittee or registrant shall indemnify
and hold the Township of Roxbury harmless for and on account of any
and all damages arising out of the activities of the permittee or
registrant or its alarm contractor, and arising out of the operation
or failure to operate the alarm system on the permittee's or
registrant's premises, and arising out of the operation or failure
to operate the police alarm console.
d.
Any person who installs an alarm system after the date of final adoption
of this section shall submit with the application a certificate of
a licensed alarm business, or if the system was installed by a person
other than a licensed alarm business, the approval of the police chief,
or his designated representative, stating that the alarm system complies
with all standards prescribed in this section.
e.
The approval by the police chief, or his designated representative,
shall be for the purposes of compliance with the provisions of this
section only, and shall not constitute a warranty or representation
as to the fitness or quality of such equipment by the police chief,
his designated representative, the police department, or the township
or their employees or agents.
a.
Within six months after final adoption of this section all alarm
devices, local alarms and dial alarms installed in commercial or public
buildings shall utilize equipment and methods for installations substantially
equivalent to or exceeding the minimum applicable UL, ANSI or NFPA
standards and standards of the New Jersey Uniform Construction Code.
b.
Within six months after final adoption of this section all alarm
devices, local alarms and dial alarms installed in one or two family
residences shall utilize equipment which shall be installed in a safe,
reliable, and workmanlike manner.
c.
The equipment or hardware used and/or the manner of installation
of alarm devices, local alarms and dial alarms may correspond to any
of the several levels of protection or grades
of service listed in the applicable standards, provided, however,
that persons using such equipment shall not be required to provide
protection for all of the areas or openings which may be required
to be protected by the applicable standards.
d.
In those instances where UL, ANSI, and/or NFPA have not established
standards for categories of equipment or where new equipment is undergoing
field testing, the police chief, or his designated representative,
may require that the alarm system, be inspected at the expense of
the alarm user by a professional electrical engineer who shall certify
whether the alarm system appears to be safe and reliable.
e.
No township employee shall knowingly and willfully reveal any business
information obtained during an inspection other than for official
police business or for the administration and enforcement of this
section.
a.
Within 90 days of the final adoption of this section all licensed
alarm businesses shall be registered with the police chief or his
designated representative. The registration shall include at least
the name and address of the alarm business, the names and addresses
of all employees, criminal convictions, if any, of the employees,
and such other information as may be prescribed by the police chief
or his designated representative.
b.
No employee of an alarm business shall, and no alarm business shall,
permit an employee to perform any functions of an alarm business within
the township without first being registered as required in this section,
c.
The police chief, or his designated representative, shall issue identification
badges or cards to all registered employees of licensed alarm businesses.
The identification badge or card shall be displayed by the employee
upon entering any premises for the purposes of performing any functions
of the alarm business. If the employment of a registered employee
is terminated, the badge or card shall be returned to the police chief,
or his designated representative, within five calendar days after
such termination.
d.
A licensed alarm business shall be responsible for filing all permit
applications, shall maintain a list of current customers for which
it is responsible and shall file such lists, and all amendments thereto,
with the police chief.
Local alarms shall be registered in accordance with the provisions
of this section. In addition thereto, those persons having local alarms
shall be required to leave with the police department the name of
two persons who can be reached in order that the device can be temporarily
disconnected when necessary. In the event of a malfunction of the
equipment and no person can be located to secure the device then the
owner shall be liable to pay a penalty of twenty-five ($25.00) dollars.
Notwithstanding the aforesaid, in the event that police have to respond
to a false alarm, the penalties for false alarms prescribed in this
section shall apply.
Dial alarm devices shall be permitted only under the following
conditions:
a.
All owners of dial alarms shall register the same on or before the expiration of 90 days after the adoption of this section in the manner prescribed under subsection 4-17.8b for applications for alarm device permits.
b.
No dial alarm devices shall be registered until a test alarm has
been made by the owner in conjunction with the chief of police, or
his designated representative.
c.
No dial alarms shall be permitted unless they are of a type approved by the chief of police in accordance with the requirements of subsection 4-17.9. Any such equipment shall have the approval of the New Jersey Bell Telephone Company or its successor.
d.
All dial alarms shall be coded to dial the private police emergency
number, as designated by the chief of police.
e.
Any dial alarm device shall be coded as well to notify a relative,
neighbor, or other third party who will be disclosed in the registration
of the equipment as required by this section, and who is authorized
to respond to the emergency message and open the premises on which
the dial alarm is installed.
f.
All dial alarms shall be capable of being disconnected to enable
the owner or authorized representative of the owner to call the police
switchboard to indicate that a false alarm has occurred.
g.
Owners of dial alarm devices shall be governed by the false alarm
procedures and penalties set forth in this section.
h.
In the event that any person has a dial alarm device in existence
on the general police number, he shall have 30 days in which to convert
to the private number used for dial alarms and pay all fees due. Any
person who does not comply shall be liable to a penalty payable to
the Township of Roxbury in the amount of fifty ($50.00) dollars for
each day that such person remains in violation of this subsection.
i.
The contents of any recorded message from a dial alarm device shall
be intelligible and in a format approved by the chief of police, shall
state the location and nature of the alarm conditions, and shall not
exceed 15 seconds in length.
j.
Upon a single stimulus, the dial alarm may place two separate calls
to the private police number for dial alarm systems. No such message
shall be transmitted more than two times as a result of a single stimulus
of the mechanism. There must be at least three minutes between the
completion of the first call and initiation of the second, and the
second call shall be clearly identified as the second call. After
the second call, the device shall automatically disconnect itself.
k.
The time gap of any alarm device between acknowledgment of the call
at the police switchboard and delivery of the recorded message shall
not exceed five seconds.
a.
Every alarm business selling or leasing to any person a dial alarm
which is installed on such person's premises in the township
after the effective date of this section shall furnish that person
with instructions that provide adequate information to enable persons
using such device to operate it properly, and if the device is to
be serviced or maintained by another alarm business, shall furnish
such other alarm business with a manual or other information necessary
to enable it to service or properly maintain such device.
b.
If the police chief, or his designated representative, determines
that such information is incomplete, unclear or inadequate, he may
require the alarm business to revise the information to meet his approval,
and then to distribute the revised information to persons who have
such devices installed as well as to persons subsequently having such
devices installed.
c.
Any information required to be distributed under this section shall
also be filed with the police chief or his designated representative.
a.
All fire alarm systems shall be installed in accordance with the
fire prevention laws of the township.
b.
Any unauthorized equipment may be disconnected by order of the chief
of police, or his designated representative, for noncompliance with
this section. Any person installing or maintaining unauthorized equipment
shall be prosecuted for violation of this section and each and every
day the equipment is in operation shall be considered a separate violation.
Any permittee, by acceptance of the permit, and any registrant, shall
be deemed as having consented to inspection of the premises on which
the alarm devices, local alarms or dial alarms are installed, at reasonable
hours by the chief of police or his designated representative.
c.
It shall be unlawful for an alarm device, dial alarm or local alarm
to ring or put forth any other sound for a period in excess of 40
minutes. Any violation of this requirement shall be punishable by
a fine of not more than fifty ($50.00) dollars for each violation.
d.
Any person testing any alarm covered under the terms of this section shall notify the police department immediately prior to and after the testing is completed. Failure to do so shall subject such person to the penalties provided for false alarms in subsection 4-17.15.
e.
The sensory mechanism of alarm devices, local alarms and dial alarms
shall be adjusted in order to suppress false indications and so as
not to be actuated by impulses due to pressure changes in water pipes,
short flashes of light, wind, noises, rattling or vibration at doors
or windows or other forces unrelated to general alarms.
f.
All components of alarm equipment must be maintained by the owner
in good repair and when evidence exists that there has been failure
to comply with the operational requirements of this section, the chief
of police, or his designated representative, may demand that such
device be disconnected until such time as compliance with current
requirements is re-established.
g.
When an alarm business disrupts service to its subscribers, for any
reason, or if the alarm business otherwise becomes aware of any disruption,
it shall promptly notify the subscriber and the police department
that protection is no longer being provided. If, however, the alarm
business has written instructions from its subscribers not to make
such notification by telephone during certain hours, the alarm business
may comply with such instructions.
h.
All fees required by this section shall be due and payable on January
1 of any calendar year. All fees required by this section shall be
paid to the licensing official.
a.
In the case of all false alarms except false fire alarms as regulated
under Chapter X, Fire Prevention, of the Revised General Ordinances
of Roxbury Township, any person having knowledge thereof, shall immediately
notify the police department in a manner to be prescribed by rules
and regulations promulgated by the chief of police, or his designated
representative. The chief of police or his designated representative,
shall cause an investigation to be made and shall keep a record of
all false alarms on file.
b.
For false alarms, the township council prescribes the following penalties:
|
Alarm #
|
Residential False Alarms
|
All other False Alarms
|
|---|---|---|
|
For the first through the fifth false alarm within the same
calendar year
|
Warning Only
|
Warning Only
|
|
For the sixth false alarm within the same calendar year
|
$35
|
$50
|
|
For the seventh false alarm within the same calendar year
|
$45
|
$75
|
|
For the eighth false alarm within the same calendar year
|
$55
|
$100
|
|
For the ninth false alarm within the same calendar year
|
$65
|
$125
|
|
For the tenth false alarm within the same calendar year
|
$75
|
$150
|
|
For the eleventh or greater false alarm within the same calendar
year
|
$100
|
$250
|
c.
Notwithstanding the penalties prescribed in paragraph b. above, whenever
any person shall be levied an administrative penalty for 11 or more
false alarms per year in any two consecutive years, any subsequent
violation, in any year, shall result in an administrative charge of
one hundred ($100.00) dollars per false alarm.
The chief of police may promulgate rules and regulations supplementing
this section in order to provide for record keeping, efficient management
and administration of the system provided, however, that the township
council shall first approve the rules or any changes thereto.
Any person, firm, or corporation found guilty in the municipal court of the township for violation of the terms of this section shall be subject to a fine as stated in Chapter III, subsection 3-1.1 et seq. provided, however, that any violation of this section for which a fine or penalty has been provided in a subsection thereof shall be subject to the fine or penalty provided in that subsection and this subsection shall not apply.
[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance No. 23-94, 29-04.
As used in this section, the following terms shall have the
meanings indicated:
shall mean any configuration of one or more retail and/or
service establishments.
means the request, directly or indirectly, for money, credit,
property, financial assistance, or other thing of any kind of value.
Solicitation shall include, but not be limited to, the use of employment
of canisters, cards, receptacles, or similar devices for the collection
of money or other thing of value. A solicitation shall take place
whether or not the person making the solicitation receives any contribution.
No person, firm, partnership, corporation, whether for profit
or not for profit, shall place or cause to be placed a receptacle
within the Township of Roxbury without having first obtained a permit
from the township's zoning officer nor may such entity continue
to place a receptacle without annual permit approval. In no event
shall a receptacle be placed on residential property or in a residential
district.
a.
An application for a permit shall include the following information:
1.
The location where the bin would be situated, as precisely as possible
and should include a to-scale property survey showing the proposed
bin location;
2.
The manner in which the applicant anticipates any clothing or other
donations collected via the bin would be used, sold or dispersed,
and the method by which the proceeds of collected donations would
be allocated or spent;
3.
The name, address and telephone number of the bona fide officer of
the applicant and of any entity which may share or profit from any
clothing or other donations collected via the bin;
4.
The schedule of pickups removing the articles from the bins, which
can be no less often than once per week, and the name and telephone
number of the person to be notified if the bin is overflowing prior
to the scheduled date of pickup; and
5.
Written consent from the property owner, or the owner's authorized
representative, to place the bin on his/her property.
b.
A permit to place, use, or employ a receptacle for discarded clothing
will not be issued if the application is incomplete or if the Zoning
Officer, with input from other departments, determines that the placement
of the bin could constitute a safety hazard. Such hazards shall include,
but are not limited to, the placement of a receptacle for discarded
clothing in parking spaces, in any area that interferes with pedestrian
or vehicular traffic, or any place which stores large amounts of,
or sells, fuel or other flammable liquids or gases.
c.
The fee for such application for the permit shall be as provided
for in Chapter XXIV, Fees.
An expiring permit for a receptacle for discarded clothing may
be renewed on an annual basis upon payment of the fee as provided
for in Chapter XXIV, Fees. The application shall include the following
information:
a.
The location where the bin is situated, as precisely as possible,
and, if applicant intends to move it, the new location where the bin
would be situated after the renewal is granted;
b.
The manner in which the entity 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 entity anticipates it may make in these processes
during the period covered by the renewal;
c.
The name, address and telephone number of the bona fide officer of
the applicant and 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;
d.
The schedule of pickups removing the articles from the bins, which
can be no less often than once per week, and the name and telephone
number of the person to be notified if the bin is overflowing prior
to the date of pickup; and
e.
Written consent from the property owner, or the owner's authorized
representative, to place the bin on his/her property.
a.
No more than three receptacles shall be located within any commercial
complex.
b.
Each receptacle shall not exceed five feet in depth, eight feet in
width and six feet in height.
c.
Each receptacle shall have an identifying logo, the name, address
and phone number of the owner or owner's agent as well as wording
describing the use or purpose of the receptacle and the information
required to be displayed on the bin in N.J.S.A. 40:48-2.61.
a.
The receptacle shall be located in such a manner that it will not
be necessary to park in a driveway or on an access drive for parking
stalls while depositing used clothing.
b.
The receptacles shall not be placed in any parking spaces, roadways,
sidewalks and/or walkways or in any buffer areas and shall be no closer
than ten feet to any property line.
c.
The areas adjacent to the containers shall be kept clear of all boxes
and debris.
d.
The receptacles shall be permitted in side and rear yards but not
within front yard setbacks.
e.
The receptacles shall not be located in a parking stall designated
to meet the parking requirements of the on-site uses.
f.
The receptacles shall not be permitted where placement could constitute
a safety hazard. Such hazards shall include, but not be limited to,
placement within 100 yards of any place which stores large amounts
of, or sells, fuel or any other flammable liquids or gases.
The receptacles shall be maintained in a clean, sanitary condition,
painted and in good working order. Each receptacle shall be emptied
as frequently as needed to prevent overflow and comply with the standards
of this section but in no event less than once per week.
The following information shall be clearly and conspicuously
displayed on the exterior of the receptacle for discarded clothing:
a.
The Zoning Officer shall receive and investigate, within 30 days,
any complaints from the public about a clothing bin.
b.
Whenever it appears to the zoning officer that a person or entity
has engaged in, or is engaging in any act or practice in violation
of this section, the entity who placed the bin shall be issued a warning,
stating that if the violation is not rectified or if a hearing before
the zoning officer is not requested within 45 days, the clothing bin
will be seized or removed at the expense of the entity who placed
the bin, and the bin and any clothing or other 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 or entity
who placed the bin, such warning shall be affixed to the exterior
of the bin itself. In the event that the entity who placed the bin
does not rectify the violation or request a hearing within 45 days
of the posting of the warning, the zoning officer may order the bin
seized, remove it, or have it removed at the expense of the entity
who placed the bin, and sell it at public auction or otherwise dispose
of the bin and 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.
In addition to any other penalties or remedies authorized by
law, any person or entity who violates any provision of this section
shall be a) subject to a penalty of up to twenty thousand dollars
($20,000.00) for each violation pursuant to N.J.S.A. 40:48-2.60 et
seq. The township may bring this action in the Municipal Court or
the Superior Court as a summary proceeding under the Penalty Enforcement
Law of 1999. Any penalty moneys collected therefrom shall be paid
to the chief financial officer of the township. An entity violating
this section shall be deemed ineligible to place, use, or employ a
receptacle for discarded clothing for solicitation purposes pursuant
to N.J.S.A. 40:48-2.61 et seq. An entity disqualified from placing,
using, or employing a receptacle for discarded clothing by violating
the provisions of N.J.S.A. 40:48-2.60 et seq. may apply to the zoning
officer to have eligibility restored. The zoning officer may restore
the eligibility of an entity who a) acts within the public interest;
and b) demonstrates that they have made a good faith effort to comply
with the provisions of N.J.S.A. 40:48-2.60 et seq. and all other applicable
laws and regulations and has no fraudulent intentions.
[Amended 5-9-2017 by Ord. No. 10-17]
As used in this section, the following terms shall have the
meanings indicated.
The governing body of the Township of Roxbury.
The towing/removal of a vehicle with a registered gross weight
of 15,001 pounds or more.
Minor maintenance, such as changing a tire, supply of fuel
or water, jump starting a vehicle or unlocking a vehicle, with a registered
gross weight of 15,000 pounds or less.
The towing/removal of a vehicle with a registered gross weight
of 15,000 pounds or less.
The Township of Roxbury.
A person, firm or corporation who owns and/or operates a
vehicle by reason of being disabled or unlawfully upon said roads
which requires towing services.
The Police Department of the municipality and/or the State
Police and/or County Police or such other police as may have jurisdiction
upon the roadways on which the vehicle may be found in this municipality.
The Chief of Police of the Township of Roxbury or in his
absence or disability the next highest ranking officer.
The Police Department of the Township of Roxbury.
A person, firm or corporation engaged in the business of
providing wrecker services and storage services for vehicles towed,
which services are made available to the general public upon such
rates, charges and fees as determined by this section and who is licensed
under the provisions of this section.
The process of moving a vehicle by the use of the tow cable
from a position that is not accessible for direct hook-up by conventional
means for loading onto a tow vehicle. "Winching" shall not mean pulling
a vehicle onto a flatbed or carrier or lifting a vehicle with a conventional
tow truck. Winching will only be done in unusual cases where the location
of the vehicle prevents the operator from being able to reach the
vehicle with the cable and pull the vehicle onto the tow truck.
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying or removing any and all
kinds of vehicles, or parts of vehicles, which are unable to be operated
under their own power for which a service charge or fee is assessed.
No towing operator shall operate within the municipality without
obtaining a license in accordance with the provisions of this section.
Specifically exempt from this license requirement is the towing, transporting,
conveying or removing of vehicles from private property within the
municipality or by towing operators which are directly and privately
engaged or designated by the owner of the vehicle to be towed, transported,
conveyed or removed.
a.
Equipment requirement. No license shall be issued to a towing operator
who does not possess for utilization in its business the following
equipment, which equipment shall be inspected by the police chief
or his authorized representative prior to a license being issued and
a report of said inspection furnished to the governing body. Said
equipment shall be designated as follows:
1.
All towing operators must own or lease and have available at least
one conventional tow truck or one flatbed tow truck.
2.
The minimum safety equipment to be carried on all trucks shall include
universal towing sling; low hooks and chains; one snatch block for
three-eighths to one-half-inch cable; two high-test safety chains;
auxiliary safety light kit to place on rear of towed vehicle; four-lamp
or three-lamp revolving amber light; tool box with assortment of hand
tools; rear working lights and rear marker lights; cab lights; body
clearing lights located to clear towed vehicle; blocking choke for
wrecker while working; safety cones; steering wheel lock or tie down;
two-way radio communication system.
3.
All towing operators' trucks shall be equipped with radio communications
or beepers, enabling them to maintain contact with their places of
business.
4.
All towing operators' trucks shall be equipped with brooms and
shovels for the purpose of clearing debris off roadways.
5.
All towing operators' trucks shall have the name, address and
telephone number of the towing operator on each side of the vehicle
in letters and numbers at least three inches in height.
a.
Storage area. A towing operator shall own or lease a storage area
for the placement of towed vehicles, which area shall meet the following
standards:
1.
It shall be located within the boundaries of the municipality.
2.
It shall be located in an area permitted by the applicable Zoning
Ordinance and meet all applicable zoning requirements.
3.
It shall be lighted at night.
4.
It shall always have available vacant space for at least five vehicles.
5.
It shall be available 24 hours a day, 365 days per year and open
to the public on weekdays during normal business hours which are designated
as 8:00 a.m. to 5:00 p.m. and limited hours on Saturdays and Sundays
which are designated as 8:00 a.m. to 12:00 noon.
a.
Application. Every applicant for a license shall submit the completed
municipal application together with the required fee to the clerk
of the municipality. The application shall include the following information:
1.
The name of the person, firm or entity making the application, his
or its residence and business address and telephone number.
2.
A full description of all licensed towing vehicles that will operate
in the municipality together with a colored two-inch-by-three-inch
photograph of same.
3.
A list of all equipment maintained on each tow vehicle.
4.
A copy of the insurance policy in force and statement from the insurance
company and/or its agent that said policy is in full force and effect.
5.
Whether the applicant, or any shareholder, officer or employee of
the applicant has been convicted of any crime involving moral turpitude,
and if so, the nature and details of the offense.
6.
A list of all employees together with photostats of their drivers'
licenses that will operate tow vehicles in the municipality.
7.
A sworn statement or affirmation by the person signing the application
that the information therein given is full and true and known to him
to be so.
8.
The full description of the storage facility, including the owner
thereof, its address, size, location, type of enclosures and a photograph
of same. If not owned by the applicant, attach a copy of the lease.
b.
Investigation of application. Upon receipt of the application, required
fee and documents, the clerk shall forward it to the Police Chief
who shall investigate the information contained therein and submit
his report to the governing body within 30 days from the receipt thereof
by the clerk setting forth his recommendation and reasons why the
license should or should not be issued.
c.
Issuance of license by governing body. Upon its review of the report
of the police chief, the governing body shall either grant or deny
the license to the applicant. In the event the report of the police
chief raises concerns regarding the qualifications of the applicant,
an opportunity shall be given the applicant to demonstrate, to the
satisfaction of the governing body, that they are thoroughly qualified
and experienced in the towing and removal of vehicles and that they
have the facilities, equipment, expertise, licensing, personnel and
storage areas to perform the services required in a manner satisfactory
to the governing body.
All licenses issued shall be for a period of one year, regardless
of the date of application and shall commence on June 1 of the year
of said application and run until May 31 of the succeeding year.
In accordance with N.J.S.A. 40:48-2.49 and to assure for safe
and efficient towing service throughout the municipality, all qualified
towing operators shall be issued a towing license. There shall be
no limit on the number of licenses to be issued by the municipality.
a.
Indemnity. The tow operator shall indemnify and hold harmless the
municipality and any of its agents, officers and employees from any
and all claims for personal injury or property damage against the
municipality, its agents, officers and employees arising out of the
operation of any towing services or repair services under this section.
The tow operator shall further defend the municipality, its agents,
officers and employees, at the tow operator's expense, in connection
with any claim, demand, suit or action brought against the municipality,
its agents, officers and employees and arising out of the operation
of any towing, storage facility, garage or repair service under this
section and any license issued pursuant thereto.
b.
Insurance.
1.
The tow operator shall be required to maintain during the life of
the license comprehensive general liability insurance, comprehensive
automobile liability insurance and worker's compensation insurance
with limits of not less than those set forth below:
(a)
Comprehensive general liability insurance. Limit of liability
shall not be less than $1,000,000 combined single limits (bodily injury
and property damage) per occurrence and aggregate including premises
operations and products/completed operations.
(b)
Automobile liability insurance. Limit of liability shall not
be less than $1,000,000 combined single limits (bodily injury and
property damage) per occurrence.
Note: Liability insurance policies shall be specifically endorsed
to provide collision insurance, for vehicles in tow.
(c)
Worker's compensation insurance. Statutory coverage including
liability coverage with a limit of at least $500,000.
(d)
Excess umbrella in the amount of $2,000,000 giving protection
in excess of the $1,000,000 general and auto liability coverage.
(e)
On all liability policies the municipality shall be named as
additional insured, and insurance certificates shall indicate such
coverage.
(f)
The tow operator shall provide the municipality with certificates
of insurance evidencing the coverage required above. Such certificates
shall provide that the municipality be given at least 30 days'
prior written notice of any cancellation of, intention not to renew,
or material change, in such coverage.
(g)
Failure to provide and continue in force such insurance as required
above shall be deemed a material breach of the license and shall operate
as an immediate revocation thereof.
The following rules and regulations shall apply:
a.
The governing body hereby designates the police department generally
as its specific designee and the police chief particularly as the
supervising authority to enforce the provisions of this section, as
well as the rules and regulations adopted with the ultimate authority
vested in the governing body.
b.
Prior to license renewal, each towing operator licensed shall be
inspected for fitness by a representative of the police department
and shall appropriately complete a new application for each year.
c.
Each licensed towing operator at all times shall maintain and carry
the necessary equipment to remove disabled or locked vehicles.
d.
Each towing operator, prior to departure from the scene of towing
services, shall clean and clear the streets of any customary debris
resulting from any accident at such scene and shall at all times carry
the necessary equipment to perform such cleaning services.
e.
No towing operator licensed hereunder shall respond to the scene
of an accident except upon the request of the driver or owner of the
vehicles involved or except upon notification through the channel
of communication established by the police department to notify licensed
towing operators of the necessity of their presence.
f.
Refusal to tow at the scene of the towing and the type of car refused
shall be reported by the police officer assigned to the incident to
his superior. The report of refusal shall be furnished to the police
chief as soon as practicable.
g.
Towing operators shall arrive at the scene to which dispatched within
a reasonable time after being dispatched. Under normal circumstances,
such reasonable time limit is hereby defined as within 20 minutes.
h.
When any unusual situation occurs which may threaten or be dangerous
to the safety or health of the public, the police chief or his designee
shall contact the New Jersey Department of Environmental Protection
for the purpose of assuming control of the danger or threat.
i.
Where no designation has been made, licensed towing operators are
authorized to remove the vehicle to the towing operator's storage
facility.
j.
When vehicles are towed to premises controlled by the police department
for the purpose of utilizing the vehicle or its contents as evidence
or for other purposes, such vehicle shall not be released from police
custody unless the owner of the vehicle furnishes the police department
with a receipt that towing service fees have been paid.
k.
In all cases where vehicles are to be towed for illegal parking or
other offense, summons shall be issued prior to towing.
l.
All fees must be itemized on a service bill to be provided to the
vehicle operator or mailed or delivered to the owner within 48 hours.
As a minimum, this bill must contain the following: name and business
address of the tow operator; name of the employee performing the towing;
location of storage area containing the vehicle and itemized list
of services performed and fee charged for each.
m.
The motorist shall retain the right to specify which towing operator
he wishes to use or where he wishes his vehicle to be towed provided
that this request does not result in an extensive delay in clearing
an accident scene and/or correcting a traffic hazard. The towing operator
has a right to refuse to tow a vehicle more than 20 miles from the
municipal limits.
n.
All operators shall be capable of performing minor car service and
repair at the scene or their base of operations at the time of service
call. Minor car service is defined as the jump starting of vehicles,
providing fuel, changing tires, and similar semi-skilled activities.
o.
Towing operators shall be responsible for all vehicles and contents
in their custody.
p.
All vehicles impounded or confiscated by the police shall not be
released without prior written police authorization.
q.
Records of inspections.
1.
The towing operator shall record all vehicles towed on forms provided
by the municipal police department as soon as possible after each
vehicle is towed.
2.
Records shall be kept for a seven-year period.
3.
The towing operator shall maintain a record of all personal property
in a towed vehicle that he can observe in sight at the time the vehicle
comes into his possession.
4.
Authorized representatives of the police department or their designees
shall have access to any of the records required to be kept by the
contractor.
r.
Rights of owners.
s.
Dealing with the public. In all his dealings with the public in connection
with the operation, the towing operator is expected always to act
in a professional manner and at all times to be courteous and respectful
toward members of the public.
t.
Such additional rules and regulations that may be adopted by governing
body by resolutions. A copy of any such rule or regulation shall be
forwarded to each towing operator by certified mail, return receipt
requested.
a.
Procedure.
1.
Each tow operator shall be placed on a rotational duty list completed
by the police chief. Such licensee shall be called upon to respond
to the needs of the police department of the municipality on a structured
rotational basis.
2.
Towing operators shall advise the police dispatcher if they are unable
to respond to a call and the reason therefore.
3.
Tow operators shall notify the police dispatcher if a vehicle is
gone upon their arrival.
4.
The police chief shall establish a structured rotational procedure
and provide each towing operator with a copy thereof. It shall list
when an operator shall be charged or not charged for failing to respond
to a call and how he will be rotated on the call list.
a.
The towing rates shall be calculated based on the total distance
traveled from the tow vehicle's base of service to the job site
and return, by way of the shortest available route. Fractions shall
be rounded up to the nearest whole mile.
b.
Tow vehicles transporting multiple carts at one time shall receive
the applicable fees for each vehicle transported.
c.
When towing services are required at the scene of an automobile accident,
the day rate shall apply when the time of the accident is between
8:00 a.m. and 4:30 p.m., Monday through Friday, except New Jersey
state holidays. The night, weekend and holiday rate shall otherwise
apply.
d.
When towing services are otherwise required, the day rate shall apply
when the vehicle is transported (pickup to delivery) entirely between
the hours of 9:00 a.m. and 6:00 p.m., Monday through Friday, except
New Jersey state holidays. The night, weekend and holiday rate shall
otherwise apply.
e.
The following is the fee schedule for towing services:
|
Light-duty road service
|
$50.
|
|
Light-duty towing rates:
| |
|
Days:
| |
|
First mile or less
|
$90
|
|
Each additional mile
|
$3
|
|
Nights, weekends and New Jersey state holidays:
| |
|
First mile or less
|
$100
|
|
Each additional mile
|
$3
|
|
Heavy-duty towing rates:
| |
|
Tandem axle:
| |
|
Straight truck up to 70,000 lbs.
|
$250 per hour
|
|
Straight truck over 70,000 lbs.
|
$290 per hour
|
|
Tractor trailer:
| |
|
Tractor trailer up to 70,000 lbs.
|
$300 per hour
|
|
Tractor trailer over 70,000 lbs.
|
$360 per hour
|
|
Winching fee
|
$125 flat fee
|
f.
No administration fee or miscellaneous fee not provided for in this
section may be charged by the tow company.
g.
No fuel fee or fuel surcharge fee may be charged by the tow company.
h.
Unless the officer at the scene deems it necessary to impound the
vehicle for evidence purposes, the owner or operator of the vehicle
may designate the location to where the vehicle shall be transported.
i.
Storage fees. The fees set forth below are the maximum storage charges
per twenty-four-hour period that shall apply to a private passenger
automobile that is stored by a person as a result of an accident,
theft recovery or towed as a result of being unable to be operated
for any reason under its own power. The twenty-four-hour period shall
commence at the time of the tow and continue for a twenty-four-hour
period from that time until the vehicle is picked up. (Example: vehicle
is towed at 9:00 p.m. on Friday shall incur a one-day storage fee
up until 9:00 p.m. on Saturday. A second-day storage fee would end
on Sunday at 9:00 p.m., etc.)
1.
Storage fee schedule.
|
Inside building:
| |
|
Storage facility capacity
| |
|
21 or more spaces
|
$40
|
|
10 to 20 spaces
|
$45
|
|
Less than 10 spaces
|
$50
|
|
Outside secured:
| |
|
Storage facility capacity
| |
|
21 or more spaces
|
$25
|
|
10 to 20 spaces
|
$27
|
|
Less than 10 spaces
|
$30
|
|
Outside unsecured:
| |
|
Storage facility capacity
| |
|
21 or more spaces
|
$16
|
|
10 to 20 spaces
|
$20
|
|
Less than 10 spaces
|
$24
|
|
Heavy-duty storage:
| |
|
Tandem axle straight truck
|
$73
|
|
Tractor Trailer
|
$87.50
|
2.
No vehicle shall be stored inside a building unless authorized by
the owner, operator or by the police officer on duty at the scene
when the police officer deems it necessary to utilize the vehicle
or its contents as evidence.
The governing body shall have the right to suspend or revoke
any license issued pursuant to this section for good cause upon written
complaint of the police chief or his designee. In the event a towing
operator fails or refuses to retain the proper equipment, personnel
or facilities necessary to perform the services required for towing
operators, or that the services performed are not satisfactory or
violates any provision of this section, rule or regulation duly adopted,
the police chief or his designee shall file a written complaint with
the governing body that there is probable cause for revocation or
suspension. Written notice of such complaint and the basis of the
complaint shall be given to the towing operator and said operator
shall be entitled to a hearing before the governing body prior to
final determination of the complaint by the governing body.
a.
No license issued pursuant to this section may be assigned, transferred,
sold or posted as collateral.
b.
Any transfer of ownership with or without consideration in a licensee's
business shall render the license immediately void. In the event of
sale or transfer, the new applicant, if any, shall make a new application,
pay fees and be approved by the governing body.
Any person, firm or corporation violating the provisions of
this section shall, upon conviction thereof, be subject to a fine
of not more than $1,000 or imprisonment for not more than 90 days
or both in the discretion of the judge of the municipal court.
No person shall engage in the business of commercial lawn fertilizer
application within the Township of Roxbury unless a license has been
obtained from the township clerk as provided herein.
Applications for a commercial lawn fertilizer applicator license
shall be submitted to the township clerk. The application shall consist
of the following:
a.
Name, address and telephone number of applicant and any individuals
authorized to represent the applicant.
b.
Description of lawn fertilizer formula proposed to be applied on
lawns within the township.
c.
Fertilizer description. A copy of the formula for fertilizer mixtures meeting the limitation of subsection 3-21.2 a. of the Revised General Ordinances to be applied within the township shall be submitted along with the initial application for a license, and thereafter, at least 30 days before fertilizer composition changes are implemented.
Commercial fertilizer applicator licenses shall be issued subject
to the following conditions, which shall be specified on the license
form:
a.
Random sampling. Commercial fertilizer applicators shall permit the
township to sample any commercial fertilizer application to be applied
within the township at any time after issuance of the initial license.
b.
Possession of license. The commercial fertilizer application license
or a copy thereof shall be in the possession of any party employed
by the commercial fertilizer applicator when making fertilizer applications
within the township.
All licenses issued under this section shall be deemed to be
granted upon the express condition that, in addition to any other
sanction or penalty, the township manager may:
a.
After due notice by personal service or registered or certified mail
and after due hearing, suspend or revoke the license of any person
for violating any provision of this section.
b.
Suspend temporarily, pending a hearing or notice thereof, any such
license when deemed by the township manager to be immediately necessary
to prevent emergent danger to the public welfare, good or morals.
Any such temporary suspension without notice shall be for a period
of not longer than ten days.
A fee as set forth in Chapter XXIV, subsection 24-4.1 is hereby established for the review of all New Jersey State private inspection facility license applications for the operation of said facilities in the Township of Roxbury.
The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them, except where the context
clearly indicates a different meaning:
a.
"Massage, bodywork and somatic therapies" shall mean and refer to
systems of activity of structured touch which include, but are not
limited to, holding, applying pressure, positioning and mobilizing
soft tissue of the body by manual technique and use of visual, kinesthetic,
auditory and palpating skills to assess the body for purposes of applying
therapeutic massage, bodywork or somatic principles. Such applications
may include, but are not limited to, the use of therapies such as
heliotherapy or hydrotherapy, the use of moist hot and cold external
applications, external application of herbal or topical preparations
not classified as prescription drugs, movement and neuromyofacial
education and education in self-care and stress management. Massage,
bodywork and somatic therapies do not include the diagnosis or treatment
of illness, disease, impairment or disability.
b.
"Massage, bodywork and somatic therapy establishment" shall mean
any establishment wherein massage, bodywork and/or somatic therapies
are administered or are permitted to be administered, when such therapies
are administered for any form of consideration.
c.
"Massage, bodywork and somatic therapist" shall mean any person who
administers massage, bodywork and/or somatic therapies for any form
of consideration.
a.
Massage, bodywork and somatic therapy establishment license required.
No person, firm or corporation shall operate any establishment or
utilize any premises in the Township of Roxbury as a massage, bodywork
and somatic therapy establishment unless or until there has first
been obtained a license for such establishment from the Township of
Roxbury in accordance with the terms and provisions of this section.
b.
Massage, bodywork and somatic therapist's license required.
No person shall practice massage or related therapies as a massage,
bodywork or somatic therapist employee or otherwise unless he or she
has a valid and subsisting massage, bodywork and somatic therapist's
license issued to him or her by the Township of Roxbury pursuant to
the terms and provisions of this section.
c.
Licenses must be renewed and building inspections completed by January
1 each year.
a.
Establishment license. Every applicant for a license to maintain, operate or conduct a massage, bodywork or somatic therapy establishment shall file an application with the health department upon forms provided by said department and pay an annual fee as set forth in Chapter XXIV, subsection 24-6.1, which fee shall be submitted for the initial calendar year with the application and which shall thereafter become due on the first day of January each year thereafter.
b.
Therapist license. Every applicant for a massage, bodywork or somatic therapist's license shall file an application with the health department upon a form to be furnished by said department and pay an annual fee as set forth in Chapter XXIV, subsection 24-6.1, which fee shall be submitted with the application. Licenses must be renewed annually on the first day of January of each year upon the submission of a renewal application and payment of the annual licensing fee.
Any person desiring a massage, bodywork or somatic therapy establishment license shall file a written application with the health department. The applicant shall provide the application fee as required in subsection 4-22.3 and shall, in addition, furnish the following information:
a.
The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise.
b.
The name, style and designation under which the business is to be
conducted.
c.
The business address and all telephone numbers, including facsimile
and e-mail addresses, where business is to be conducted.
d.
A complete list of the names and residence addresses of all massage,
bodywork and somatic therapists and employees of the business and
the name and residence address of the manager or other person principally
in charge of the operation of the business, which list shall be kept
current in the establishment.
e.
A sworn statement indicating that all massage, bodywork and somatic
therapists employed or to be employed by the establishment or otherwise
permitted to work at the establishment have been issued a license
pursuant to this section.
f.
The following personal information concerning the applicant shall
be provided:
1.
The name, complete residence address and residence telephone number.
2.
The two previous addresses immediately prior to the present address
of the applicant.
3.
Written proof of age.
4.
Height, weight, sex, color of hair and eyes.
5.
Two front-face portrait photographs taken within 30 days of the date
of the application and at least two by two inches in size.
6.
The massage therapy or similar business history and experience, including,
but not limited to, whether or not such person has previously operated
in this or another municipality or state under a license or permit
or has had such license or permit denied, revoked or suspended and
the reason therefor and the business activities or occupations subsequent
to such action of denial, suspension or revocation,
7.
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted and the offense
for which convicted and circumstances thereof. All applicants must
execute the Authorization by Subject of Request and Privacy Act Notification
Form SBI-212A or SBI-212B (Request for Criminal History Record Information
for a Noncriminal Justice Purpose) for a criminal listing name search
identification check pursuant to N.J.S.A. 53:1-20.5, et seq. The criminal
history check shall be kept confidential. For purposes of this check,
the Roxbury Township Police Department is hereby authorized to have
access to the criminal history record information file through the
State Bureau of Investigation. The cost of such criminal history name
search shall be paid for by the applicant. A massage, bodywork or
somatic therapy establishment license may be denied to any person
who has been convicted of a crime.
The above-referenced information shall be supplied for each
stockholder owning more than ten percent of the stock of a corporation
and each officer and director of the corporation, if the applicant
is a corporation, or for each partner, including limited partners,
if the applicant is a partnership.
g.
The names and addresses of three adult residents of the county who
will serve as character references. These references must be persons
other than relatives and business associates.
The health department, upon receiving an application for a massage,
bodywork and somatic therapy establishment license, shall refer the
application to the building department, the fire official, the police
department and the planning department and they shall inspect the
premises proposed to be operated as such an establishment and shall
make written recommendations to the licensing authority concerning
compliance with the codes that they administer.
No massage, bodywork, and somatic therapy establishment shall
be issued a license or be operated, established or maintained in the
Township unless an inspection by the health officer, building inspector,
fire official and zoning officer or their designees reveals that the
establishment complies with the minimum requirements of the building,
zoning and health codes for businesses operating in the Township of
Roxbury. In addition, the establishment must comply with each of the
following minimum requirements:
a.
All massage tables, bathtubs, shower stalls, steam or bath areas
and floors shall have surfaces which may be readily disinfected, and
shall be maintained in a sanitary condition and regularly cleaned
and disinfected.
b.
Adequate bathing, dressing and locker facilities shall be provided
for the patrons to be served at any given time. In the event that
male and female patrons are to be served simultaneously, separate
bathing, dressing, locker and massage room facilities shall be provided.
c.
The premises shall have adequate equipment for disinfecting and sterilizing
nondisposable instruments and materials used in administering massages.
Such nondisposable instruments and materials shall be disinfected
after use on each patron.
d.
Adequate hand washing facilities with a full liquid soap dispenser
shall be provided at convenient locations as necessary to maintain
clean hands and arms of all employees during hours of operation.
a.
To be eligible for a license as a massage, bodywork and somatic therapist,
an applicant shall submit satisfactory evidence of certification from
the State of New Jersey pursuant to the Massage, Bodywork and Somatic
Therapist Certification Act, P. L. 1999 c. 19. In the event that such
certification has not been made available by the State of New Jersey,
then satisfactory evidence of the following must be submitted:
b.
For up to one year (365 days) after the date procedures are established
by this section for applying for a license to conduct massage, bodywork
or somatic therapy in the Township of Roxbury, any person engaged
in the full-time practice of massage, bodywork or somatic therapy
for two years preceding the enactment of this section[1] or any person engaged in the part-time practice of massage,
bodywork or somatic therapy for five years preceding the enactment
of this section and who has successfully completed a minimum of 200
hours of education or training in massage preceding the enactment
of this section, may acquire a license to practice without satisfying
the requirements in paragraphs 1 and 2 above. One year after the enactment
of this section, any person wishing to be licensed as a massage, bodywork
or somatic therapist in the Township of Roxbury must fulfill the requirements
in paragraph a above.
c.
The following information concerning the application will also be
required:
1.
The name, complete residence address and residence telephone number
of the applicant.
2.
Previous addresses within the last five years prior to the present
address of the applicant.
3.
Written proof of age.
4.
Height, weight, sex and color of hair and eyes.
5.
Two front-face portrait photographs taken within 30 days of the date
of the application and at least two by two inches in size.
6.
The massage therapy or similar business history and experience, including,
but not limited to, whether or not such a person has previously operated
in this or another municipality or state under a license or permit
denied, revoked or suspended and the reason thereof and the business
activities or occupations subsequent to such action or denial, suspension
or revocation.
7.
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted and the offense
for which convicted and circumstances thereof. All applicants must
execute the Authorization by Subject of Request and Privacy Act Notification
Form SB1-212A or SB1-212B (Request for Criminal History Record Information
for a Noncriminal Justice Purpose) for a criminal listing name search
identification check pursuant to N.J.S.A. 53:1-20.5, et seq. The criminal
history check shall be kept confidential. For purposes of this check,
the Roxbury Township Police Department is hereby authorized to have
access to the Criminal History Record Information file through the
State Bureau of Investigation. The cost of such criminal history name
search shall be paid for by the applicant. A massage, bodywork or
somatic therapist's license may be denied to any person who has
been convicted of a crime.
8.
The names and addresses of three adults who will serve as character
references. These references must be persons other than relatives
and business associates.
a.
With the exception of massage, bodywork and somatic therapists who
are certified pursuant to P.L. 1999 c. 19, all applicants seeking
a license under this section shall be fingerprinted by the Roxbury
Township Police Department. The Roxbury Township Police Department
shall fingerprint such applicants on Monday through Friday between
the hours of 8:00 a.m. and 4:00 p.m., or as otherwise determined by
the Roxbury Township Police Department. The applicant shall pay a
fee of ten ($10.00) dollars to the police department for the cost
of fingerprinting and shall also submit the application fee required
by the New Jersey State Police.
b.
When said application is properly filled out, signed by the applicant
and has been filed with the department of health with all accompanying
information, the application shall be referred to the township police
department. The chief of police or his or her designee shall investigate
the information available as to the good moral character of the applicant,
and shall recommend approval or disapproval of the application within
90 days. Reasons for a recommendation of disapproval shall be set
forth in writing on the reverse side of the application. In evaluating
a criminal record of an applicant, the chief of police must consider
whether the crime relates adversely to the occupation of a massage
therapist establishment pursuant to the criteria set forth in N.J.S.A.
2A:168A-2 et seq. The application shall be returned to the health
department for recommendation to the township clerk who will either
issue the license or notify the applicant of a denial.
The massage, bodywork or somatic therapy establishment shall
display its license and the license or certificate of each and every
massage, bodywork and somatic therapist employed in the establishment
in an open and conspicuous place on the premises of the establishment.
Every massage, bodywork and somatic therapy establishment shall
comply with the following:
a.
Every portion of the massage, bodywork and somatic therapy establishment,
including appliances and apparatus, shall be kept clean and operated
in a sanitary condition.
b.
Price rates for all services shall be prominently posted in the reception
area in a location available to all prospective customers.
c.
All employees, including massage, bodywork and somatic therapists,
shall be clean and wear clean, nontransparent outer-garments. Dressing
rooms must be available on the premises. Doors to such dressing rooms
shall open inward and shall be self-closing.
d.
All massage, bodywork and somatic therapy establishments shall be
provided with clean laundered sheets and towels in sufficient quantity
which shall be laundered after each use thereof and stored in a sanitary
manner.
e.
The buttocks, genital area and female breasts of patrons must be
covered by towels, cloths or undergarment when in the presence of
an employee or massage, bodywork or somatic therapist.
f.
It shall be unlawful for any person knowingly, in a massage, bodywork
and somatic therapy establishment, to place his or her hand upon or
touch with any part of his or her body, to fondle in any manner or
to massage the buttocks, genital area or female breasts of any other
person, unless such massage has been ordered by a prescription signed
by a licensed medical doctor, chiropractor or doctor of osteopathic
medicine. No massage, bodywork and somatic therapist, employee or
operator shall perform or offer to perform any act which would require
the touching of the patron's buttocks, genital area or female
breasts.
g.
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms
and all other physical facilities and surfaces shall be in good repair
and maintained in a clean and sanitary condition. Wet and dry heat
rooms, steam or vapor rooms or steam or vapor cabinets and shower
compartments and toilet rooms shall be thoroughly cleaned each day
the business is in operation. Bathtubs and showers shall be thoroughly
cleaned after each use. When carpeting is used on the floors, it shall
be kept dry, clean and sanitary.
h.
Oils, creams, lotions and other preparations used in administering
massage, bodywork and somatic therapies shall be kept in clean closed
containers or cabinets.
i.
Animals, except for seeing eye dogs, shall not be permitted in the
massage work area.
j.
Each massage, bodywork and somatic therapist shall wash his or her
hands in hot running water, using a proper soap or disinfectant before
administering a massage, bodywork or somatic therapy to a patron.
Any patron under the age of 18 years of age must be accompanied
by a parent or guardian or adult with written permission of the parent
or guardian.
a.
Alcoholic beverages shall not be distributed or consumed on the premises
of any massage, bodywork and somatic therapy establishment licensed
under this section.
b.
Controlled dangerous substances, as defined by the Laws of the State
of New Jersey, shall not be distributed or consumed on the premises
of any massage, bodywork and somatic therapy establishment licensed
pursuant to this section.
The health department, police department and/or the building
department shall, from time to time, at least twice a year, make an
inspection of each massage, bodywork and somatic therapy establishment
granted a license under the provisions of this section for the purpose
of determining whether the provisions of this section are being complied
with. Such inspections shall be made at reasonable times and in a
reasonable manner. It shall be unlawful for any licensee to fail to
allow such inspection officer access to the premises or to hinder
such officer in any manner.
a.
Licenses issued under this section may be revoked by the township
clerk after notice and a hearing for any of the following causes:
1.
Fraud, misrepresentation or false statement in the application for
the license.
2.
Fraud, misrepresentation or false statement made in the course of
carrying on the permitted business in the township.
3.
Any violation of this section.
4.
Conviction of a crime involving moral turpitude, a felony, an offense
involving sexual misconduct, keeping or residing in a house of prostitution
and any crime involving dishonesty.
5.
Conducting the permitted business in the township in an unlawful
manner or in such a manner as to constitute a menace to the health,
safety or general welfare of the public.
b.
Notice of the hearing for the revocation of a license shall be given
in writing setting forth specifically the grounds of the complaint
and the time and place of the hearing. Such notice shall be given
personally or mailed to the licensee at his/her last known address
at least five days prior to the date set for the hearing.
c.
Such license may, pending revocation proceedings, be suspended for
not more than ten days by the health officer if, in his/her opinion,
the conduct of the licensee is detrimental to the health, safety and
general welfare of the Township of Roxbury.
d.
The township manager shall serve as hearing officer for any hearing
pursuant to this subsection.
No part of any quarters of any massage, bodywork and somatic
therapy establishment shall be used for or connected with any bedroom
or sleeping quarters nor shall any person sleep in such massage, bodywork
and somatic therapy establishment except for limited periods incidental
to and directly related to a massage, bodywork or somatic therapy
treatment or bath. This provision shall not preclude the location
of massage, bodywork and somatic therapy establishments in separate
quarters of a building housing a hotel or other separate businesses
or clubs.
The provisions of this section shall not apply to massage, bodywork
or somatic therapies given:
a.
In the office of licensed physician, chiropractor or physical therapist;
or,
b.
By a regularly established medical center, hospital or sanatorium
having a staff which includes licensed physicians, chiropractors and/or
physical therapists; or,
c.
By any licensed physician, chiropractor or physical therapist in
the residence of his or her patient; or
d.
By a licensed barber or cosmetologist/hairstylist limited to the
areas of the face, neck, scalp or upper part of the body as set forth
in the Cosmetology and Hairstyling Act of 1984, N.J.S.A. 45:5B et
seq.
In addition to the revocation or suspension of the license granted
under this section, any person who violates any provision of this
section shall, upon conviction hereof, be punished by a fine of not
less than one hundred ($100.00) dollars nor more than one thousand
($1,000.00) dollars or by imprisonment in the county jail for a term
not exceeding 90 days, or by a period of community service not exceeding
90 days, or any combination thereof, in the discretion of the court.
Each day a particular violation continues shall constitute a separate
offense.
Massage, bodywork and somatic therapy establishments and therapists
operating in Roxbury Township as of the date of the adoption of this
section[1] must apply for a license within 60 days of the effective
date of this section and must obtain a license within 150 days of
the effective date of this section.
a.
No license issued pursuant to this section may be assigned, transferred,
sold or posted as collateral.
b.
Any transfer of ownership with or without consideration in a licensee's
business shall render the license immediately void. In the event of
sale or transfer, the new owner shall file a new application, pay
the appropriate fees and obtain a license from the township clerk
prior to commencing operation as a massage, bodywork or somatic therapy
establishment.
The township clerk is hereby authorized to approve and grant
raffle and bingo licenses within the Township of Roxbury.
