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City of Wildwood, NJ
Cape May County
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Table of Contents
Table of Contents
The general power to license and to prescribe license fees is contained in R.S. 40:52-1, 2. Licensing is also a part of the general police power granted by R.S. 40:72-3 and R.S. 40:48-2.
a. 
Except in those cases where a different license is required by any provision of this revision or other ordinance of the City of Wildwood or law of the State of New Jersey, no person shall either directly or indirectly conduct a business as defined in this section within the City of Wildwood unless a mercantile license for such business has been issued and is in good standing; allow such unlicensed business to operate on property one owns, or, in the case of residential property, allow such property be occupied by anyone other than the property owner and/or his or her immediate family member(s), without a rental housing mercantile license for such property having been issued. For purposes of this section, "immediate family member" shall be deemed to include spouse, domestic partner, children and their issue, parents and grandparents. For purposes of this section "good standing" shall mean all the conditions for issuance of a license remain satisfied and the license has not been suspended or revoked.
b. 
It shall be a violation of this section:
1. 
To operate any business in the City of Wildwood, including rental housing, without a valid mercantile license;
2. 
To lease, license or permit a business to operate without a valid mercantile license operate on or in one's property, regardless of actual knowledge of such unlicensed status;
3. 
In the case of housing, to allow any person who is not the owner or immediate family member of the owner to occupy such property without that property having been issued a rental housing mercantile license which remains in good standing; or,
4. 
In the case of housing, to occupy property for which a rental housing mercantile license is not in good standing if:
(a) 
The property was not properly licensed on the date the occupancy began;
(b) 
The conduct by the tenant or occupant is the cause of the suspension or revocation of the rental housing mercantile license;
(c) 
The tenant or occupant has been offered relocation assistance by the property owner or landlord, paying all costs of same, and the tenant or occupant refuses to accept such assistance and vacate the property; or
(d) 
The tenant or occupant has previously committed offenses hereunder and cannot identify a legal residence or abode such that he or she will likely continue to commit such offenses by continuing to occupy or reside in unlicensed property.
5. 
Each day of operation or occupancy of rental housing without the property being properly licensed and in good standing shall be a separate and distinct violation.
c. 
All businesses, including rental housing, which are without a mercantile license, may be ordered closed by the governing body. The governing body is authorized to close the business and property by directing the appropriate officers of the city and city police department to take actions necessary to secure the property to prevent its occupancy. In the case of rental housing, prior to taking such action: The governing body shall ensure the property is not occupied or shall ensure any tenants occupying the property are relocated pursuant to proposed ordinance; new section 14-3.14.
Pursuant to ordinance no mercantile license shall be issued to any person, persons or corporation seeking to operate any business which requires the issuance of such license or such licenses and which is situate within the City of Wildwood, nor shall any such license or licenses be renewed, unless the applicant therefor has first submitted sufficient proof to the clerk of the City of Wildwood that there are no delinquent local real property taxes, water charges or sewer charges on the lands and/or premises upon which the business applying for such mercantile license shall be proposed to operate within the City of Wildwood.
See also: Section 2-28, Delinquent Local Real Property Taxes.
No mercantile license shall be issued unless property taxes, water charges, sewer charges, fire prevention fees, and fire and local ordinance violations and fees due, relative to the premises where the business is conducted, have been paid in full. The only deviation from this is by written approval from the City of Wildwood Fire Official.
No mercantile license shall be issued unless accompanied by payment of all applicable tourism development fees (TDF) as outlined in subsection 2-26A.6. TDF owed from previous years must be made current before a mercantile license can be issued. In cases where the ownership of a business has changed hands, TDF owed from previous years can be waived at the discretion of the governing body.
With all mercantile license applications received by mail by the city clerk's office, proof that tax, water and sewer payment(s) are current shall be provided by the City of Wildwood Department of Revenue and Collection, and City of Wildwood Water Utility. The city clerk's office will initiate the approved form(s) and distribute to the department of revenue and collection, and water utility. Said form(s) shall be completed and signed by the appropriate department head or designee and returned to the city clerk's office within 24 hours of receipt, excluding weekends and holidays.
Applicants who present their mercantile license applications/renewals in person to the city clerk's office shall be permitted to take the approved form(s) and present them to the department of revenue and collection and Wildwood Water Utility for immediate verification and appropriate department head/designee signature(s) that tax, water and sewer payment(s) are/are not current. The applicant will then return the signed form(s) to the city clerk's office for proper processing.
CONDUCTING A BUSINESS
For the purposes of this section, within the City of Wildwood, shall mean:
a. 
Selling, consigning, or renting any goods or services, including the rental of sleeping accommodations, and the rental of all other real property.
b. 
Soliciting business or offering any goods or services for sale or for rent.
c. 
Using any vehicle or premises within the city for the purposes described in paragraphs a and b of this subsection.
d. 
For the purposes of invoking penalties for a violation of this section, any person who assists in the conducting of a business as employee, clerk or otherwise shall be considered as conducting a business within the meaning of this section.
Every person required to procure a mercantile license shall submit an application to the city clerk accompanied by the fee required by this section. The application shall be in a form which the board of commissioners shall, by resolution, prescribe and shall contain the following information:
a. 
The specific nature of the business to be conducted.
b. 
The premises at which the business is to be carried on and the name and address of the owner of the premises.
c. 
A statement that the applicant's business will not violate the zoning ordinance of the city.
d. 
The name and address of the person to whom the license is to be issued and his residence address. If the applicant is not an individual, then the names, positions and residence addresses of all members, officers or managers of the applicant and its registered agent.
e. 
Any previous revocation or suspension of any license issued by the city and the reasons for such revocation or suspension.
f. 
A statement that the applicant is not in default under the provisions of this revision, or indebted or obligated in any manner to the city except for current real estate taxes.
g. 
Such other facts relevant to the general personal history of the applicant, or the applicant's members, officers or managers, if the applicant is not an individual, as will enable the city to make a fair evaluation of the eligibility of the applicant for a license.
h. 
Whenever a licensee is required to maintain insurance by any section of this chapter or any other such ordinance or law of the State of New Jersey, proof of such required insurance shall be submitted with the application.
i. 
The application for a mercantile license will include a consent to the inspection of the property upon which the licensed activity is to be conducted, said inspection to be for the limited purpose of ascertaining whether or not the subject property complies with applicable Codes of the City of Wildwood relating to physical condition of properties.
Upon submission of the application and the required fee to the city clerk, a temporary ten-day license shall be issued and a copy of the application shall be forwarded to the chief zoning inspector for departmental review. If no violation of the City of Wildwood codified ordinances or any laws of the State of New Jersey is noted by the chief zoning inspector or the city clerk, the license applied for shall be issued by the city clerk within ten days of the receipt of such application by the city clerk. If the application is not approved, the reasons therefor shall be submitted in writing within ten days of the receipt of the application by the city clerk and a copy thereof shall be made available to the applicant at the city clerk's office. If disapproved, the applicant shall have ten days from the receipt of the notice of disapproval to appeal the denial to the board of commissioners. The appeal shall be taken in the manner provided in section 2-16 of this revision.
a. 
Limited Licenses. Those licenses which are limited in number by this section or any other section shall expire on May 1 of the year subsequent to their issue. The holder of a limited license may renew said license by paying the fee set forth in Column A of subsection 7-1.7 on or before May 1. After May 1, the fee shall be that as set forth in Column B of subsection 7-1.7. The holder of a license, the number of which is limited by the provisions of New Jersey Statutes and local ordinances, shall have a preemptive right to renew said license until May 1 of each succeeding year. Thereafter, there shall be no preemptive right to renew the license.
b. 
Regular Licenses. All other mercantile licenses shall expire on May 1 of the year subsequent to their issue. The holder of a license may renew the license by paying the fee set forth in Column A of subsection 7-1.7 on or before May 1, unless an alternate payment schedule is provided for. After May 1, the fee shall be that set forth in Column B of subsection 7-1.7.
The provisions of this section shall not apply to:
a. 
Any person acting 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.
The annual fees for mercantile licenses in the City of Wildwood shall be in accordance with the following schedule:
Column A
(Paid by May 1)
Column B
(Paid May 2 & after)
Additional 100 sq. ft. or part thereof
$19.50
$27.00
All businesses not classified, up to 1,000 sq. ft.
$281.00
$377.00
Amusement cable rides/whip/tile-a-while/cuddle cup/
Jackrabbit/caterpiller or similar rides each
Bungee/sling shot rides
$715.00
$715.00
$977.00
$977.00
Amusement Game Certification No. 1
$562.00
$767.00
Amusement Game Certification No. 2
$1,123.00
$1,534.00
Amusement Game Certification No. 3
$421.00
$576.00
Amusement Game Certification No. 4
$1,404.00
$1,920.00
Amusement Game Certification No. 5
$1,123.00
$1,534.00
Amusement Game Certification No. 6
$421.00
$577.00
Amusement Game Certification No. 7
$421.00
$577.00
Amusement Game Certification No. 8
$562.00
$767.00
Amusement Game Certification No. 9
$562.00
$767.00
Amusement Games Registration Certification, per employee/employer
$3.90
$5.00
Amusement Rides (Kiddie)
$211.00
$289.00
Amusement Rides (Unclassified)
$773.00
$1,055.00
Amusement rides scooter cars/bubble bounce/scoota boats/carousel/merry-go-round or similar ride each
$520.00
$710.00
Amusement rides/revolving swings/ferris wheel Roll-a-plane/flying dish/old mill/or similar ride each
$325.00
$444.00
Apts./hotels/motels/etc. per sleeping room
$6.00
$9.00
Arcade-up to 25 Machines
Each Additional Machine
$400.00
$25.00
$432.00
$25.00
Auctioneers selling real estate
$1,950.00
$2,666.00
Automobile sales show room or place for sale:
New or used cars up to 5,000 sq. ft.
Each additional 1,000 sq. ft. or part thereof
$520.00
$20.80
$710.00
$28.50
Automobile service stations/gas stations
$260.00
$356.00
Barber/Beauty - Sale of Merchandise
$281.00
$385.00
Bath house and/or lockers
$260.00
$356.00
Beach Chairs/Umbrella Stands each location
$76.00
$96.00
Beach Peddlers License
To be set by resolution of the Governing Body
Beach Zone licenses all activities permitted in the Beach Zone pursuant to the Zoning Ordinance; limited license for beach vehicles
$325.00
$400.00
Bicycle Stands Rentals
$351.00
$480.00
Boat/Jet Ski Rentals
$773.00
$1,056.00
Body painting/henna each individual
Body painting/henna I.D.
$715.00
$13.00
$977.00
$13.00
Body piercing each individual
Body piercing photo I.D.
Editor's Note: Pursuant to Ordinance No. 679-06, each permanent ink, tattooing/ henna body painting and body piercing establishment/site is required to have an unclassified license.
$715.00
$13.00
$977.00
$13.00
Bowling Alley, each alley
$43.00
$58.00
Boxing/wrestling or other commercial sports
Outdoor/indoors daily fee
$390.00
$533.00
Circus, per day
$975.00
$1,333.00
Coin Op. Mach./Dist-up to 25 Machines
Each Additional Machine
$1,000.00
$35.00
$1,080.00
$35.00
Coin operated amusement rides/or amusement machines each
$65.00
$88.50
Coin Operated Machines (Each)
$75.00
$81.00
Coin operated photo machine/pool table each
$39.00
$53.00
Coin operated vending machines/soft drink/snacks/et al. (similar machines) each
$100.00
$133.00
Concessionaire/Convention Center
$1,400.00
$1,400.00
Convention center—annual fee for any and all activities conducted therein
$2,000.00
$2,666.00
Custom Garment Fabrication
$281.00
$385.00
Dance halls
$390.00
$533.00
Distributor/Delivery (Produce, Seafood, ice, etc.)
Location and 1 Truck
$281.00
$385.00
Each Additional Vehicle
$211.00
$289.00
No Store or office location -1st Vehicle
$281.00
$385.00
Each Additional Truck
$211.00
$289.00
Drug store up to 1,000 sq. ft.
Additional 100 sq. ft.
$260.00
$19.50
$356.00
$27.00
Each Chair & Umbrella
$3.00
$4.00
Each vendors license
$195.00
$267.00
Eating Establishment (Up to 50 Seats)
Each Additional Seat Over 50
$211.00
$1.30
$289.00
$1.80
Electrically propelled boardwalk chairs or tram cars/each
$1,040.00
$1,420.00
Entertainment - 1 Musician/singer or performer
$281.00
$385.00
Entertainment - 2/3
$422.00
$576.00
Entertainment - 4/6
$702.00
$960.00
Entertainment - 7 or more
$1,124.00
$1,534.00
Exhibitions
$390.00
$533.00
Games of skill where coin operated amusement machines or group game (video/pinball) or similar each machine
$13.00
$18.50
Garbage, trash or junk collection each truck or vehicle
$130.00
$177.50
Grass Cutting
$141.00
$192.00
Grocery store up to 1,000 sq. ft.
Grocery store additional 100 sq. ft.
$260.00
$19.50
$356.00
$27.00
Hair wraps
$260.00
$356.00
Helicopter rides
$975.00
$1,333.00
Ice Cream Trucks
$281.00
$385.00
Identification permit/solicitation
$13.00
$13.00
Limousines, Per Vehicle
$281.00
$385.00
Lumberyard and mill
$390.00
$533.00
Miniature Golf Course
$281.00
$385.00
Newspaper Boxes
$223.00
$289.00
Operator's license for tram car, per employee/employer
$3.90
$5.00
Optical goods
$260.00
$356.00
Parking Lots Over 40 Cars, above 12,000 sq ft
$422.00
$576.00
Parking Lots Up to 40 Cars, under 12,000 sq ft
$211.00
$289.00
Patio Permits
$141.00
$192.00
Peddlers and solicitors not otherwise classified herein
$260.00
$356.00
Permanent body tattooing photo ID
$13.00
$13.00
Permanent body tattooing/each individual
$355.00
$485.00
Permanent ink/henna body painting and body piercing:
Group license
"Group license" allows up to four artists (of the same discipline, or combination of permanent ink/henna, body painting and/or body piercing artists) on the same license per establishment/site. Pictures of each artist required.
$1,250.00
$1,450.00
Group license replacement/substitution (per person)
$50.00
$70.00
Transfer of individuals listed on "Group Licenses" from one premises to another is not permitted.
Additional permanent ink/henna, body painting and body piercing/license (per person)
"Additional" permanent ink/henna body painting and body piercing licenses can only be purchased following the purchase of "Group License." Pictures of artist required.
$50.00
$80.00
Private Garage/Yard Sales per day (2 per year)
$15.00
$15.00
Private parks and grove first 4,000 sq. ft.
$174.20
$239.00
Private parks and groves each additional 4,000 sq. ft.
$44.20
$60.00
Push Carts/Veterans
$141.00
$192.00
Rental of Boat Slips - Base Fee
Each Additional fee for each slip
$71.00
$6.50
$96.00
$8.75
Rental of Real Property
$43.00
$58.00
Restaurant/lunch stand/where alcoholic beverages are licensed:
With seating capacity up to 50 seats
Over 50 seating capacity per person
$195.00
$1.30
$267.00
$1.80
Sand artists, each location
$520.00
$710.00
Shoe repair stores
$65.00
$88.50
Shooting Gallery
$422.00
$576.00
Soliciting locksmith
$195.00
$267.00
Soliciting photographers (prohibited from operating on boardwalk/beach/public parks or playgrounds) each camera
$390.00
$533.00
Tailor repair shop
$65.00
$88.50
Taxicab Drivers
$11.00
$15.00
Taxicabs, each
$211.00
$289.00
Terminals for rolling chairs or tram cars, per terminal
$35.10
$48.00
Theaters, each
$1,124.00
$1,534.00
Towing, Including 1 Truck
Each additional Tow Truck
$351.00
$32.50
$480.00
$44.00
Upholstery
$260.00
$356.00
Vehicular business not otherwise classified herein
$260.00
$356.00
Vendors license to be issued to veterans or exempt volunteer firemen
$130.00
$177.50
Water ice trucks
$260.00
$356.00
a. 
All of said annual license fees, for mercantile licenses including amusement game licenses, for which the license fee is two hundred ($200.00) dollars or less, shall be assessed and charged an additional fee of fifty 50 percent of said license fee, to carry out the purpose of the City of Wildwood Tourist Development Commission.
b. 
All said annual license fees, for mercantile license including amusement games, licenses, for which the license fee is in excess of the two hundred ($200.00) dollars shall be assessed and charged an additional fee of one hundred ($100.00) dollars, to carry out the purpose of the City of Wildwood Tourist Development Commission.
c. 
Such additional license fees, as provided for in Section 7-1.7(a) and 7-1.7(b), shall apply to limited licenses and regular licenses, as provided in Section 7-1.5(a) and 7-1.5(b) specifically excluding, however, the additional license fee imposed hereby, when such license is applied for after April 30th in each year.
d. 
The fee set forth above for license to engage in the classified business of apartments, hotels, motels, and residences, or the classified business of rental of real property, shall be inclusive of all fees imposed for the inspection of said property to determine whether or not said property complies with the applicable property maintenance codes of the City of Wildwood.
e. 
Additional Requirements of Permanent Ink/Henna, Body Painting and Body Piercing Establishments/Sites.
1. 
For each permanent ink/henna, body painting and body piercing establishment/site: A Material Safety Data Sheet (MSDS) must be submitted to the city clerk's office prior to the time the service can be offered to the general public. For the purposes of this ordinance, a MSDS is hereby defined as a list of all ingredients found in the products being applied to customer(s), along with other relevant information. Said MSDS must be signed and notarized by the owner/proprietor of each establishment/site prior to submission to the city clerk's office. Employees of the City of Wildwood are not permitted to notarize said MSDS.
2. 
For each permanent ink/henna, body painting and body piercing establishment/site: A certificate of insurance must be submitted to the city clerk's office prior to the time the service can be offered to the general public. Certificate of insurance shall provide for, at a minimum, one million ($1,000,000.00) dollars "per occurrence" and two million ($2,000,000.00) dollars "general aggregate." City of Wildwood must be named "additional insured" on each certificate of insurance.
f. 
The board of commissioners may amend the terms and provisions (fees) of Chapter 7, subsection 7-1.7 by resolution.
The number of mercantile licenses to be granted for bicycle rental stands shall not exceed 18 in number, which number is deemed sufficient to meet the public need for rented bicycles, and which number will prevent undue confusion and congestion caused by great numbers of rented bicycles riding on and over the streets of the city, and which number will prevent the creation of a public nuisance caused by an overabundance of such licenses within the city and the consequent hazards to the health, safety and welfare of the inhabitants of, or visitors to, the city.
Produce stands are prohibited.
No place-to-place or person-to-person transfer of licenses shall be permitted during the license year without application to the city clerk and the payment of twenty-five ($25.00) dollars processing fee, except as otherwise provided in this chapter or by state statute. All applications for transfers shall comply with the requirements for initial applications as set forth in this chapter.
a. 
Within the Beach Zone such pushcarts, mobile stands and/or structures may be transported to the designated location on site between the hours of 7:30 a.m. and 9:30 a.m. and removed from the site between 5:30 p.m. and 7:30 p.m. Said pushcarts, mobile stands and structures shall remain stationary at all other times. In the event of extremely inclement weather, said pushcarts, mobile stands and/or structures may be removed from the beach at any time provided due care is exercised with regard to such removal.
b. 
Pushcarts shall be defined to be carts, barrows and similar objects generally pushed or pulled by vendor and/or towed, pushed or pulled by vehicle.
As a prerequisite to the issuance of a mercantile license to allow the operation of a parking lot pursuant to subsection 7-1.4 et seq., of The Revised General Ordinances of the City of Wildwood, 1968, all commercial parking lots shall be paved with not less than a six inch thick compacted gravel base course, upon which not less than a two inch thick compacted wearing surface of bituminous concrete (FABC) shall be constructed, in accordance with Division 3, Section 10, of the New Jersey State Highway Department Specifications, as amended, or by a wearing surface certified as the equal thereof by the city engineer.
No mercantile license shall be issued to or be renewed for any applicant where the premises upon which the licensed activity is to be conducted do not comply with all applicable codes in force in the City of Wildwood relating to the physical condition of the premises upon which the licensed activity is to be conducted, excepting only where the time for abatement of such violations has not elapsed. For the purpose of issuance or renewal of a mercantile license or continuation in force of a mercantile license in existence, a code violation must be abated not later than the latter of one year from the date of service of notice of violation on the licensee of the 1st day of May following such date of service.
Failure to abate any property maintenance violation within the allowable time for such abatement shall constitute grounds for revocation of the mercantile license, subject, however, to prior notice and hearing as provided by section 2-16 of the Code of the City of Wildwood. For the purpose of determining whether or not a mercantile license should be revoked pursuant to the provisions of this subsection, a code violation must be abated not later than the latter of one year from the date of service of notice of violation on the licensee or the 1st day of May following such date of service.
In addition to any rule or regulation governing the particular thing or activity licensed, imposed by any provision of this revision or other ordinance of the City of Wildwood or law of the State of New Jersey, every person licensed under the provisions of this chapter shall comply with the following regulations:
The licensee shall permit all reasonable inspections of his business and shall permit access to the licensed premises or vehicle at all reasonable times for the purpose of inspection.
a. 
Fixed Location. Where the licensed activity is conducted at a fixed location, the license shall be prominently displayed on the licensed premises at a location near the primary entrance in such a manner that it will be visible to the people who enter the premises.
b. 
Vehicles. Each vehicle licensed under the provisions of this chapter shall be assigned a number by the city clerk, which number shall be prominently displayed upon the licensed vehicle at all times on the dashboard to the right of the driver.
c. 
Others. In all other cases, the licensee shall have the license in his possession at all times and shall wear a badge containing the following information:
1. 
A photograph of the licensee.
2. 
The name of the licensee.
3. 
The business conducted by the licensee.
All businesses that have been licensed and paid a fee pursuant to subsection 7-1.7 shall post their prices for the goods or services that are being sold to the public.
No amplification system shall be permitted out of doors for any business in the city. Where any licensed business maintains an amplification system, the licensee shall be required to comply with the following provisions:
a. 
Licensed premises containing a door or other opening for use by or to provide service to the public in one wall only:
1. 
For any such licensed premises which consists of a store at least 20 feet in depth as measured from the doorway or other opening to the public right-of-way to the furthermost rear wall of the premises which is open to public view, all speakers forming part of said amplification system shall be at least 20 feet from the said doorway or other opening. In determining whether or not the location of any such speaker meets the requirements of this subsection, the measurement will be made from the floor at the said doorway or other opening to the bottom of the wall upon which the speaker in question is located.
2. 
For any such licensed premises which is less than 20 feet in depth as determined in accordance with paragraph a1 hereof, then the speakers forming part of said amplification system may be mounted on the rear wall of the licensed premises as defined in paragraph a1 hereof, regardless of whether or not said rear wall is at least 20 feet from the doorway or other opening to the public right-of-way.
3. 
Should any licensed premises consist of a stand at which the public is served over the counter rather than by entering the premises, all speakers must be mounted behind the personnel attending the stand.
b. 
Licensed premises containing doors or other openings for use by or to provide service to the public in two walls:
1. 
For any such licensed premises, the measurement as required by this subsection will be made from both walls containing such doors or other openings utilizing the standards contained in paragraphs a, 1 and 2 above, and the positioning of the speakers must comply with paragraph a1 for any such measurements of 20 feet or more and with said paragraph a2 for any such measurements of less than 20 feet so as to result in the speakers being mounted furthest from the public right of way closest to the licensed premises.
2. 
Should any licensed premises consist of a stand at which the public is served over the counter rather than by entering the premises, all speakers must be mounted behind the personnel attending the stand.
c. 
Licensed premises located within 20 feet of any public right of way and containing doors or other openings for use by or to provide service to the public in more than two walls must mount any speakers on a wall furthest from the nearest public right of way, provided that said speakers must project into the licensed premises and not directly to the exterior of same.
a. 
No licensee shall transact any business other than that for which a license has been issued to him.
b. 
Pinballs, newspaper boxes, snacks, beverages, candies, and all other vending machines alike shall be issued only as a secondary license to a licensed primary business location. All such vending machines must be located on the property of the licensee and placement of the same shall not violate existing zoning requirements including but not limited to setback limitations.
c. 
Uses not specifically permitted or ancillary shall have planning or zoning board approval and shall require the issuance of a mercantile license prior to operation.
d. 
Pinball, newspaper boxes, snack, beverages, candy and all other vending machines alike shall only be maintained in businesses that are licensed and zoned therefor. If any premises contains more than two such machines located thereon, it shall be designated a primary use and said business must secure a license therefor and comply with all statutes, ordinances and zoning regulations relating thereto. The mercantile license required therefor shall be that required for a nonclassified business as provided in subsection 7-1.7 herein and shall entitle the premises to house up to 35 machines for that fee. For each additional machine over 35 a separate fee shall be paid as set forth in subsection 7-1.7 herein.
No licenses shall be issued to any person who has not complied with the laws of the State of New Jersey or the ordinances of the City of Wildwood, providing regulations respecting the safety and health of those persons who may have occasion to use the premises, place or thing licensed, and in the event any licensed person fails to comply with such laws or ordinances after due notice and opportunity to be heard, the board of commissioners may revoke such license.
No person licensed under this chapter shall engage in the practice commonly known as "barking" or "ballyhooing" or otherwise use any sound-making device of any nature, including the human voice, for the purpose of attracting the attention or soliciting the patronage of persons passing the location at which he is conducting business, except for licensed businesses located in the C-3 Zone as defined in the Zoning Ordinance of the City of Wildwood.
No person licensed under this chapter, nor any person acting for him directly or indirectly, shall solicit or attempt to solicit anyone to enter any place where a business activity is being conducted by engaging in conversation with or accosting passersby for the purpose of urging them to enter the premises where the business is being conducted.
a. 
All licensees shall conduct their business transactions within the licensed premises. If a licensee provides window service, counter service or similar service, there shall be an area for patrons to stand, which window area or counter service area shall be located a minimum of six feet from the public right of way.
b. 
The provision of 7-2.9a shall not apply to service areas that open onto the boardwalk.
Any license issued under this section may be revoked without refund if the exterior paint scheme to be utilized on the licensed premises, exterior signs to be utilized on the licensed premises or signs visible from the exterior of the licensed premises fail to meet with the approval of the building inspector of the city. Such approval shall not be withheld unless the design or paint scheme are likely, in the opinion of the building inspector of the city, to create pedestrian or traffic congestion. In the event that such paint scheme or signs fail to meet with the approval of the building inspector, due notice to that effect shall be immediately served by the building inspector upon the persons issued such license and an opportunity to be heard by the mayor and council shall be provided to the person licensed within ten days prior to the actual revocation of such license.
a. 
Finding of Facts.
The presence of dance halls and coffee houses in large and unlimited numbers within the City of Wildwood constitutes a source of disruption, annoyance and nuisance in that the same are detrimental to the comfort, health, and safety of the hundreds of thousands of persons who inhabit and visit the City of Wildwood; and it is deemed necessary and proper for the good of government, order and protection of persons and property and for the preservation of the health, safety and welfare of the City of Wildwood, its inhabitants and its visitors to limit the number of mercantile licenses to be granted for dance halls and coffee houses.
b. 
Number of Dance Hall Licenses Limited. The number of mercantile licenses to be granted for dance halls shall not exceed six in number, which number is deemed sufficient to meet the public need and which number prevents the creation of a public nuisance caused by an overabundance of such licenses within the city and the consequent hazards to the health, safety and welfare of the inhabitants of and visitors to the city.
c. 
Number of Coffee House Licenses Limited. The number of mercantile licenses to be granted for restaurants, lunch stands and/or luncheonettes, which are exclusively operated as coffee houses and in which live entertainment is provided, shall not exceed one in number, which number is deemed sufficient to meet the public need and which number prevents the creation of a public nuisance caused by an overabundance of such licenses within the city and the consequent hazards to the health, safety and welfare of the inhabitants of and visitors to the city.
a. 
No tour/charter bus which, for the purpose of this subsection, shall be defined as a passenger transportation motor bus, commercial truck or other passenger vehicle transporting passengers for hire, shall be permitted to park in the City of Wildwood, or unload and load, unless all permit fees are paid.
b. 
Tour/charter bus parking permits are available only from the City Clerk's Office, City Hall, 4400 New Jersey Avenue, Wildwood, New Jersey 08260. Permit applications must be prepared and submitted to the clerk's office ten days in advance of the arrival of the tour/charter bus in Wildwood.
The application will be considered only if there is sufficient available parking space for the vehicle in the area designated for tour/charter buses on the date for which the application seeks a permit. No tour/charter bus shall enter the City of Wildwood unless an application has been made to the city clerk and a permit pursuant to these regulations has been first issued.
c. 
The fee for parking each tour/charter bus in the area designated as the parking area will be fifty ($50.00) dollars for each day or part of the day. Said fee must be paid in conjunction with the application for the parking permit and must be by tour/charter bus company check, certified check or money order. Personal checks will not be accepted.
d. 
Any tour/charter bus attempting to park in the bus parking area without having first obtained a permit may be permitted to park, if space is available, upon payment of a fifty ($50.00) dollar fee plus a fifteen ($15.00) dollar surcharge making a total of sixty-five ($65.00) dollars.
e. 
Application for permits are required on a year-round basis; however, the fees herein established will be applicable only for parking from July 1 through Labor Day, inclusive, each year.
f. 
No refund will be given for unused parking permits.
g. 
All tour/charter buses requesting permission to park in the City of Wildwood must check in at Young and Susquehanna Avenues to receive instructions for loading and off-loading passengers. Vehicle operators will receive instructions at this area for the off-loading location assigned via the parking permit. A departure time will also be assigned in accordance with applicant's initial request. The city reserves the right to change the departure time in its sole discretion.
h. 
The director of public safety will establish, and modify if necessary from time to time, the routes to be followed by tour/charter buses in reaching the check-in lot, reaching the off-loading and loading location and exiting the City of Wildwood.
i. 
All permittees are required to supply complete information to their passengers at the off-loading location to help them understand departure time, directions to city's attractions, rules and regulations governing their stay within the city's limits and other pertinent information as provided to tour/charter bus operators by the city.
j. 
Should any tour/charter bus not be fully loaded by the time of its assigned departure, it must proceed to the check-in lot at Young and Susquehanna Avenues to await any passengers who have not yet boarded. No tour/charter bus may stay in the off-loading parking area after its assigned time.
k. 
Any tour/charter bus in violation of any provision of this subsection, including but not limited to failure to obtain an advance parking permit, traveling on unauthorized routes within the City of Wildwood, and loading or unloading passengers at unauthorized locations, is subject to imposition of the penalties prescribed by this subsection.
a. 
There is hereby created a conditional mercantile license and a conditional rental permit which shall be issued for properties which have heretofore been licensed to real rental property in the City of Wildwood under Chapters 7 or 22 or any other applicable section of the Revised General Ordinances, specifically including subsections 22-3.1, 22-4.3 and 22-4.9. The fee for the conditional license shall be the same as the fee(s) for rental of other real property.
b. 
A conditional license shall be issued, instead of a regular license or permit, when in the preceding 12 months prior to the effective date of the license or permit there have been any of the following circumstances at a property.
1. 
A violation notice for property maintenance, trash, brush and weed, fire prevention or other nuisance violation which threatens public health and welfare has been issued and remains pending with the condition not rectified;
2. 
There has been one or more convictions of residents, tenants or guests of nuisance violations, noise ordinance violations, possession of alcoholic beverages by underage persons, intoxication of underage persons, disorderly persons or petty disorderly persons offenses, or any conviction for use, possession or distribution of a controlled dangerous substance, in municipal court or any other court of competent jurisdiction which are found to have occurred or taken place at the property, such that continued occupancy at the property threatens public health, safety or welfare.
c. 
In the event that a conditional license or permit has been issued under subsection 7-2.13b1 or 2 above, and there is a subsequent substantiated police call for a nuisance, disorderly or drug offense at the property which deleteriously affected public health, safety or welfare, or there has been the issuance of property code notice to correct for a violation which threatens public health, safety or welfare, the conditional license shall be suspended for a period of up to 90 days.
d. 
Upon issuance of any summons for a violation of any ordinance or offense upon the owner, property guest or tenant, the owner or licensee shall be notified of the summons and shall have an opportunity to appear before the governing body to present such evidence as to why the conditional license should not be immediately suspended and to show what steps the licensee or owner has taken to prevent violations at the location. It shall be a rebuttable presumption that the owner had knowledge of the condition of the premises and any convictions and violations that are found to have occurred.
e. 
The owner of any property at which multiple convictions for nuisance, disorderly or petty disorderly violations have occurred and which is issued a conditional license shall be required to produce a list of prospective tenants to the city clerk prior to issuance of the conditional licensed together with proof that each prospective tenant has been notified that the property is subject to a conditional license and that the license may be suspended during their tenancy or prior to their tenancy and the property closed if a subsequent property maintenance violation or the occurrence of a nuisance, disorderly or drug offense at the property.
f. 
The Municipal Court and Municipal Judge of the City of Wildwood are requested to schedule matters involving instances of repeat violations of nuisance, disorderly or petty disorderly persons offenses for trial and disposition within 30 days of the violation when practical so that residents, neighbors and visitors are not subjected to continuance of repeated multiple violations.
As used in this section, the following words shall have the following meanings:
a. 
PEDDLER — Shall mean a person who goes from house to house or from place to place, whether on foot or in a vehicle, selling and delivering goods and services.
b. 
SOLICITOR — Shall mean a person who goes from house to house selling or buying goods, wares or merchandise by sample or taking orders for future delivery or selling a service to be rendered in the future with or without accepting an advance payment for the goods, wares, merchandise or service. The provisions of this section shall apply to the person who comes in personal contact with the buyer whether he obtains the order, delivers the goods or accepts money in payment for them. Solicitor shall also mean any person who goes from house to house or from place to place for the purpose of obtaining alms, contributions or subscriptions, or who does research analyses, makes surveys or opinion polls, obtains rating data or similar information, or who engages in any similar work which involves a door-to-door or place-to-place activity.
c. 
NONPROFIT ORGANIZATION — Shall mean a group of persons, corporation or association organized for philanthropic, charitable, religious, patriotic or other public service purposes and not for private gain. Examples of nonprofit organizations include volunteer fire departments and first aid squads, veterans groups and organizations, which assist the poor, the aged, the sick, the physically handicapped or the mentally retarded, or which aid victims of fire, flood or similar catastrophe. This enumeration is intended to be typical only and shall not be construed as exclusive.
No person shall engage in business within the City of Wildwood as a peddler or solicitor without having first obtained a license and paid the required license fee.
Subsection 7-3.2 shall not apply to any of the following persons:
a. 
Any person licensed by the Commissioner of Banking and Insurance or the Real Estate Commission of the State of New Jersey.
b. 
Persons selling personal property at wholesale to dealers in such articles.
c. 
Any sale required by statute or order of any court.
d. 
Any person engaged in delivering merchandise or other things in the regular course of business to the premises of the person ordering it or entitled to receive it.
e. 
Any person soliciting votes for a bona fide candidate for political office.
a. 
Veterans or Exempt Volunteer Firemen. Veterans or exempt volunteer firemen who hold a special state hawkers and peddlers license issued pursuant to N.J.S.A. 45:24-9, persons to whom a valid mercantile license has been issued under the provisions of laws or ordinances other than this section and persons selling products grown on their own farm shall not be required to apply for or secure a license or to pay any fee but shall comply with all other applicable provisions of this revision and shall be required to possess a special permit which shall be issued by the city clerk upon presentation of proper identification as proof of their status.
Veterans and exempt volunteer firemen licensed pursuant to the provisions of N.J.S.A. 45:24-9, et seq., shall, in addition to complying with all other ordinances, comply with the provisions of subsection 7-3.15 hereinbelow.
b. 
Nonprofit Organizations.
1. 
Any individual or nonprofit organization, as defined by the Internal Revenue Service, with less than 50 circulators shall not be required to pay any mercantile license fee. Said individuals, association or organization shall also not be required to register with the city clerk's office.
2. 
Any association or organization with more than 50 circulators shall disseminate information on property owned or leased by said individual association or organization, or in those areas described in this subsection, paragraphs (a) through (g). Said individuals, association or organization shall be required to pay a fee therefor and shall otherwise comply with all other applicable provisions of this revision, including but not limited to, the procedure for applications as set forth in subsection 7-3.5, and shall be required to possess a special identification permit which shall be issued by the city clerk upon presentation of the proper identification permit which shall be issued by the city clerk upon presentation of the proper identification and proof of their status. The fee for such identification permit shall be that as set forth in subsection 7-1.7 of the revision. The right of said individual(s), association(s) or organization(s) to disseminate information pursuant to this section shall be limited exclusively to those areas described as follows:
(a) 
West side of Boardwalk at Garfield Avenue, street end.
(b) 
The Band Shell at Montgomery Avenue except during the time of a scheduled performance.
(c) 
West side of Boardwalk at Schellenger Avenue Street.
(d) 
Cedar Avenue Street east of Atlantic Avenue including an area 30 feet in depth and equal to the width of the Cedar Avenue roadbed immediately adjacent to and east of the Cedar Avenue Street end on the Boardwalk.
(e) 
West side of Boardwalk at Glenwood Avenue street.
(f) 
Cedar Avenue Street east of Pacific Avenue between Pacific Avenue and the Center City Parking Lot.
(g) 
Within premises owned or leased by applicant.
Said areas identified in paragraphs (a) through (f) hereinabove shall be identified upon the outer perimeters by colored striping.
c. 
(Reserved)
Non-profit organizations as defined by the Internal Revenue Service, desiring to engage in any of the activities for which a license is required by this section, except as otherwise provided in subsection 7-3.4 hereinabove, shall pay an application fee as provided in subsection 7-1.7 and shall file with the city clerk a sworn statement containing the following information. The statement shall be submitted in addition to all other requirements of section 7-3.
a. 
The name and purpose of the organization for which the permit is sought.
b. 
The names and addresses of the officers of the organization.
Applications for license under this subsection shall be made in the same manner as an application for a license under subsection 7-3.2 of this revision. In addition to the information required with subsection 7-3.2, the applicant shall provide the following information:
a. 
If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.
b. 
The days of the week and the hours of the day during which the licensed activity will be conducted as limited herein.
c. 
A description of the nature of the business and the goods, property or services to be sold or supplied.
d. 
A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance other than traffic offenses and, if so, the date and place of conviction, the nature of the offense, and the punishment or penalty imposed.
e. 
The applicant shall be fingerprinted if the chief of police determines that fingerprints are necessary for proper identification. Fingerprint records shall be immediately processed for classification and identification.
f. 
Three recent photographs of the applicant, approximately two inches by three inches, showing the head and shoulders of the applicant in a clear and distinguished manner.
g. 
The specific time and place where applicant intends to peddle or solicit.
h. 
Each representative or agent of the organization shall wear an identification permit to be supplied by the city clerk. The fee for such identification permit shall be established in subsection 7-1.7.
i. 
When peddling or soliciting, individuals or members or organizations shall adhere to all state regulations and municipal ordinances, in addition to the following:
1. 
There shall be no chanting, music, barking or other attention getting activity.
2. 
In no event shall there be any activity which will result in a gathering of a group of people which might obstruct traffic, or in any other way create a potential disturbance.
j. 
If the applicant is a nonprofit or religious organization, the applicant shall provide proof satisfactory to the city clerk of the applicant's status as a nonprofit or religious organization.
k. 
Limitation on Size of Circulating Groups and Hours of Distribution. The members working at any given time may work in teams with a maximum of three members per team, and those teams shall not work within one block of any other solicitor or other team of solicitors. The hours within which the members may solicit or distribute literature in the City shall be limited to the period between 11:00 a.m. and 11:00 p.m. daily.
Each application shall be referred to the chief of police who shall immediately institute whatever investigation of the applicant's business responsibility and moral character he considers necessary for the protection of the public. In addition, in the event an applicant requests status as a nonprofit organization, the chief of police shall conduct whatever inquiry he considers necessary to determine that the organization in question is a bona fide nonprofit organization. He shall communicate his findings in writing, together with a recommendation that the application be granted or denied, to the board of commissioners within ten days after the application has been filed. The board of commissioners shall consider the application at its next regular meeting after receiving the report of the investigation. If, based upon the information contained in the application and the report, the board of commissioners decides that the applicant's character, ability or business responsibility is unsatisfactory, or that the products, services or activity are not free from fraud, the board of commissioners shall disapprove the application and refuse to issue the license and so notify the applicant. Otherwise, the board of commissioners shall approve the application and the city clerk shall then issue the license immediately, provided that the required license fees have been paid.
All licenses shall expire on May 1 at 12:00 midnight local time of the year subsequent to the year of issuance.
The fee for a license required by this section shall be such fee as may be provided under the mercantile license fee schedule.
Every person licensed under this section shall conduct himself according to the following rules and regulations.
a. 
He shall not enter or attempt to enter the house of any resident of the city without an express invitation from the occupant of the house.
b. 
He shall not conduct himself in a manner that is objectionable or annoying to the occupant of any house.
c. 
No licensee or any person acting on his behalf shall shout, blow a horn, ring a bell or use any other sound-making or amplifying device on any street, park or other public place, or on any private premises so that sounds are produced which can be plainly heard on streets, avenues, parks or other public places for the purpose of attracting attention to the licensee or to the activities carried on by him.
d. 
In general, all licensees and any vehicles used by them in the course of the licensed activity shall fully comply with all of the provisions of this revision or other applicable municipal ordinances, and all applicable state laws or regulations, particularly those which deal with the protection of the public health, safety and welfare.
e. 
Conduct Required. Anyone who is peddling or soliciting under this section, shall conduct themselves in a manner so as not to create a safety hazard by blocking the free-flow of pedestrian or vehicular traffic. Anyone who is peddling or soliciting under this section shall abide by all applicable statutes of this state and by the ordinances of the City of Wildwood.
a. 
No licensee shall transact business from his vehicle unless it is properly parked immediately adjacent to the curb of a public street in a permitted locality.
b. 
No licensee shall at any time double park his vehicle while transacting business, nor transact business other than on the curb side of his vehicle.
c. 
No licensee shall have an exclusive right to any location in the public streets nor shall be permitted a stationary location on the streets or be permitted to operate in a congested area where his operations may impede the free flow of pedestrian and vehicular traffic. For the purpose of this subsection, the judgment of a police officer, if reasonable and made in good faith, shall be conclusive as to whether the area is congested or traffic impeded or inconvenienced.
d. 
Number of Licenses; Limitations. The licenses issued under this section shall be limited to vending food products at retail prices and the number of licenses shall be limited to a maximum of four, which number is deemed sufficient to meet the public need and prevent the creation of a hazard and nuisance on the public streets. No license hereunder shall be issued unless the city commissioners shall first be satisfied that public convenience and necessity so require.
1. 
For the purpose of this paragraph, food products shall be defined to mean only ice cream, ice cream products and beverages.
2. 
The distribution of food products from vehicles other than those permitted in paragraph 7-3.11d or otherwise permitted by state law to be distributed from vehicles shall be prohibited.
e. 
Nontransferability. Licenses issued under the provisions of section 7-3 herein shall be nontransferable.
The board of commissioners, by resolution, may make rules and regulations which interpret or amplify any provision of this section or for the purpose of administering the provisions of this section or making them more effective including, but not limited to the right to reasonably limit and regulate the area, days, and time within which the applicant may peddle or solicit by and under the provisions of this section. No regulation shall be inconsistent with or alter or amend any provision of this action and no regulation shall impose any requirement which shall be in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this action.
No peddler licensed under this section shall transact business on any beach along the ocean front of the city unless he has obtained a special beach peddler's license as provided in section 7-4.
Other provisions contained herein to the contrary notwithstanding, no license shall be issued pursuant to the provisions of section 7-3 for the boardwalk between 26th Avenue and Cresse Avenue and for the center city area from the boardwalk to New Jersey Avenue and from Pine Avenue to Lincoln Avenue during the period commencing June 10 and terminating September 10 of any year; provided however, that any individual, association or organization which desires to disseminate religious or political information or peddle or solicit during this period in all areas of the city except for the center city area from Boardwalk to New Jersey Avenue and from Pine Avenue to Lincoln Avenue.
a. 
Definitions.
1. 
VENDOR — Shall mean any person who goes from house to house, from place to place, or from street traveling by foot, automotive vehicle or any other type of conveyance, carrying or transporting merchandise for the purpose of selling and delivering the merchandise to customers. The word "vendor" shall also include the words "hawker" and "peddler." Said person must possess a state hawkers and peddlers license, issued pursuant to N.J.S.A. 45:24-9.
2. 
VENDING UNIT — Shall mean any pushcart, wagon or any other wheeled vehicle or device which may be moved without assistance of a motor and which is not required to be licensed and registered by the Department of Motor Vehicles, used for the displaying, storing or transportation of articles offered for sale by a vendor.
3. 
DESIGNATED LOCATIONS — Shall mean locations for sidewalk vending identified as follows:
(a) 
Westerly sidewalk area of New Jersey Avenue 10 feet south-westwardly from the intersection of the curbline of Oak Avenue and extending 8 feet southwestwardly therefrom.
(b) 
Easterly sidewalk area of Pacific Avenue 10 feet southwestwardly from the intersection of the curbline of Cedar Avenue and extending 8 feet southwestwardly therefrom.
(c) 
Northerly sidewalk area of Schellenger Avenue 150 feet southeastwardly from the intersection of the curbline of New Jersey Avenue and extending 8 feet southeastwardly therefrom.
(d) 
Easterly sidewalk area of Pacific Avenue 10 feet southwestwardly from the intersection of the curbline of Spicer Avenue and extending 8 feet therefrom.
(e) 
Northerly sidewalk area of Young Avenue 320 feet southeastwardly from the intersection of the curbline of Susquehanna Avenue and extending 8 feet southeastwardly therefrom.
(f) 
Southerly sidewalk area of Roberts Avenue 10 feet northwestwardly from the intersection of the curbline of Arctic Avenue and extending 8 feet northwestwardly therefrom.
(g) 
Easterly sidewalk area of Ocean Avenue 215 feet southwestwardly from the intersection of the curbline of Rio Grande Avenue and extending 8 feet southwestwardly therefrom.
(h) 
Easterly sidewalk area of Ocean Avenue ten feet northeastwardly from the intersection of the curbline of Davis Avenue and extending eight feet therefrom.
(i) 
Easterly sidewalk area of Ocean Avenue 110 feet northeastwardly from the intersection of the curbline of Bennett Avenue and extending 8 feet northeastwardly therefrom.
4. 
MOTOR VEHICLE — Shall mean any vehicle used for displaying, storing, or transporting of articles offered for sale by a vendor which is required to be licensed and registered by the Department of Motor Vehicles.
b. 
Right to Hawk, Peddle or Vend. No person shall engage in hawking, peddling or vending within the city except as otherwise provided herein, unless he holds and has in his possession a valid license permitting hawking, peddling or vending issued pursuant to and in accordance with provisions of Title 45, Revised Statutes of New Jersey (N.J.S.A. 45:24-9, et seq.) and shall have registered with the city as hereinafter provided.
c. 
Registration. Any person having a type of license referred to in paragraph b who desire to hawk, peddle or vend within the city shall in advance thereof register with the city in the following manner:
1. 
The applicant for registration shall produce a license issued to him by a county clerk, pursuant to Title 45, Revised Statutes of New Jersey.
2. 
They shall complete and sign a form of application for registration made available by the city setting forth the following information:
(a) 
Name and address.
(b) 
Description of the applicant.
(c) 
Places of residence of the applicant for registration for the past five years immediately preceding the date of application.
(d) 
A description of the nature of the business proposed.
(e) 
A description of the vending unit to be utilized including the registration number, license plate number and name and address of insurance carrier and insurance policy number and coverage.
(f) 
Whether or not the applicant has ever had a license to conduct the business sought to be registered and whether or not he ever had a license to conduct said business denied or revoked, and if so, setting forth the details thereof.
(g) 
The date, place and nature of the conviction of the registrant of any crime.
(h) 
Two photographs showing the applicant's face, front and profile, representative of the applicant's appearance at the time of the application for registration, of a minimum size of one and one-half inches square which photographs shall be affixed to the application for registration.
(i) 
Proof of an insurance policy issued by an insurance company licensed to do business in the State of New Jersey protecting the registrant and the city from all claims or damages to property and bodily injury, including death, which may arise from operations under or in connection with the vending, hawking or peddling. Such insurance shall name as an additional insured the city and shall provide that the policy shall not terminate or be cancelled prior to the expiration date without 30 days advance written notice to the city. The amounts of the insurance to be maintained are: Personal Injury-$100.000.00 per person; $300,000.00 per occurrence; Property Damage-$50,000.00.
3. 
Upon satisfactory completion of the registration process and upon payment of the registration fee, there shall be issued a registration certificate addressed to the applicant to conduct the business applied for. Such certificate shall contain the signature of the issuing officer and shall set forth the name, address and photograph of the applicant, type of business registered for and the kind of goods and services to be sold thereunder, the date of issue, the length of time the certificate shall be operative and the license number and other identifying description of any vehicle used in the activity licensed. This certificate shall be worn by the vendor in clear view of the public at all times.
4. 
Certificate of health compliance issued by the city health officer shall be conspicuously displayed on the vending unit in clear view of the public. No vending unit shall be permitted on the streets or sidewalks of the city without such a certificate of health compliance.
5. 
Each vendor shall have an ownership interest (sole proprietorship, etc.) in only one vending unit and may operate only said vending unit and no other.
6. 
Registrations shall not be assignable or transferable.
7. 
Before the permit shall be issued for engaging in the business of peddling, such applicant shall file with the municipal clerk an instrument nominating and appointing the said clerk his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of such applicant in respect to any matters connecting with or arising out of the business transacted under such permit and the bond given.
8. 
There shall be a license fee as provided in subsection 7-1.8.
9. 
The municipal clerk shall be notified of any change in business address or residence of the vendor within 30 days by written notice delivered in person or by registered or certified mail.
d. 
Regulation. The business of hawking, peddling or vending shall be subject to the following regulations:
1. 
No vending unit shall be permitted upon the streets and sidewalks of the city unless in operation and attended by an honorably discharged veteran or exempt volunteer fireman licensed by the State of New Jersey.
2. 
There shall be no sale of food or beverage for immediate consumption unless the vendor has made available for public use a litter receptacle attached to the vending unit.
3. 
No vendor shall leave any location without first picking up, removing or disposing of all trash or refuse remaining from the sales made by him. He shall not sweep into or deposit any accumulation of litter into any gutter, street, drain or storm sewer.
4. 
No vendor shall allow any items relating to the operation of the vending business to be placed anywhere other than in or on the vending unit.
5. 
No vendor shall setup, maintain or permit the use of any table, crate, carton or rack or other device to increase the selling or display capacity of his vending unit. There shall be no stacking of items to be sold upon any sidewalk or street. All materials and/or merchandise must be located on or within the vending unit.
6. 
No vendor shall solicit or conduct business with persons in motor vehicles.
7. 
No person shall sell anything other than such commodities described in his registration.
8. 
No vendor shall use any device which produces a loud or raucous noise or use or operate any loudspeaker, public address system, sound amplifier or similar device to attract the attention of the public.
9. 
No peddler shall have any exclusive right to any location set forth in paragraph a3, nor shall he be permitted to operate in any congested area where his operation might unreasonably impede the public movement, subject to paragraph e herein.
10. 
No person shall hawk, peddle or vend unless he has in his possession and displayed prominently and visible upon his shirt a valid state license issued pursuant to Title 45 of the Revised Statutes of the State of New Jersey and his municipal registration card.
11. 
All vending units must be thoroughly covered with proper material to assure that no portion that is heated is exposed where the public is able to come in contact with it.
12. 
No vendor shall use any conveyance, device or thing whatsoever which, when fully loaded with merchandise, cannot be easily moved and maintained under control by the vendor.
13. 
There shall be no mixing of food and non-food items for sale.
14. 
Every vending unit shall be located one foot from the sidewalk curb and shall provide a continuous space of five feet for pedestrian passage.
15. 
Any vendor who is legally blind or totally disabled maybe assisted by one vendor, which vendor must be registered with the city. The blind or disabled vendor must be present at the vending unit at all times. The assisting vendor shall be treated for the purpose of this subsection as having an ownership interest in the vending unit from which he is assisting.
16. 
Vending units must be in operation at all times. No sleeping or other inactivity of any kind by the vendor shall be permitted.
e. 
Rotation. The city may control and supervise a rotation of sidewalk vending units throughout the designated locations. During the rotation each vending unit shall be allowed to remain in a designated spot only one calendar day at a time and must move on to the next succeeding numbered location the next calendar day. No vending unit can occupy a designated location assigned to another unit, in the event the city determines to supervise the rotation of sidewalk vending units within the designated locations.
f. 
Size Requirements of Vending Units. No sidewalk vending unit shall exceed four feet in width, seven feet in length and eight feet in height, inclusive of umbrellas or any other items that may be placed on the cart.
g. 
Health and Sanitation Requirements. Vendors of food and beverages shall comply with the inspection provisions and standards of the City of Wildwood Code of Ordinances. The equipment used in the vending of food and beverages shall be inspected upon application for registration and receive a certificate of inspection upon compliance with all applicable city ordinances, state statutes and rules and regulations. Each food and beverage vending unit shall be inspected at least once a year.
In addition to any other health and sanitation requirements, the following regulations must be followed:
1. 
All vending units shall be stored in an enclosed garage when not in use. The garage shall have an impervious floor and have adequate floor drains to allow for cleaning and washing of the vending unit.
2. 
The location of the food storage, food preparation and cart storage shall be subject to the applicable provisions of the New Jersey State Sanitary Code, N.J.A.C. 8:21 through 24.
3. 
All food product storage and preparation areas shall be enclosed by partition and separated from any cart storage or non-food preparation related operations. In the event that the mobile car base is the same as an individual's residence, the commercial food storage and preparation shall be separated from the residential portion of the premises.
4. 
All vending units dispensing hot food shall be equipped with:
(a) 
Twin potable water tanks consisting of a minimum capacity of eight gallons each, heating electrically or otherwise and tilted toward a capped drain cock so that tank can be completely evacuated of water. All tanks shall be equipped with an access hatch in order to facilitate cleaning and sanitizing internal surfaces of the tanks. Said access hatch shall be approved by the city.
(b) 
A hand wash sink, seamless, with running hot and cold water, soap and single service towels.
(c) 
A suitable waste tank with an adequate method of gauging the contents and having a capacity at least equal to the capacity of the water supply tank shall be provided and shall be tilted toward a drain cock. All waste shall be emptied and flushed into a sanitary sewer as often as necessary in a sanitary manner in order to maintain sanitary conditions.
(d) 
A refrigerated box capable of maintaining a temperature of 45 degrees F. or below and equipped with an indicating thermometer shall be provided for various ingredients carried, with metal racks or platforms provided to store ingredients.
(e) 
A refuse container with cover attached to the cart for deposit of papers and other solid wastes by customers and operators. Said container must be readily cleanable and kept clean.
5. 
Additional health regulations:
(a) 
Every vending unit shall be constructed of such acceptable material as to enable it to be readily cleaned and equipment shall be installed in such a manner that the unit can be kept clean and food will not be contaminated during cooking, serving, display or storage.
(b) 
Food contact surfaces of vending units shall be provided with a close fitting lid to protect food products from dust, dirt and splash.
(c) 
Vending units shall be disassembled and cleaned daily or more often as deemed necessary by the health authority. All food contact surfaces of vending units shall be washed, rinsed and sanitized in accordance with procedures of the applicable chapter of the New Jersey State Sanitary Code. All such cleaning is prohibited in public places.
(d) 
The cart-cleaning process at the vending base of operation shall be segregated from food product storage, preparation, cleaning or refuse areas.
(e) 
Waste water from any discharge shall be disposed of in a sanitary manner and shall not create a nuisance.
(f) 
All perishable and/or potentially hazardous foods shall be maintained at temperatures below 45 degrees F. or above 140 degrees F. until removed from storage for preparation and use. All food items shall be protected from contamination at all times.
(g) 
All vehicles or other means of transport shall have adequate facilities and capacity to dispose of any trash or food wastes associated with the transport of food or breaking down of food products. Said vehicles shall be maintained in a clean and sanitary manner and subject to inspection by the city.
h. 
Safety Regulations. Each vending unit shall comply with requirements as follows:
1. 
All equipment installed in any part of the vending unit shall be secured in order to prevent movement during transit and prevent detachment in the event of a collision or overturn.
2. 
All utensils shall be stored in order to prevent their being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives.
3. 
Compressors, auxiliary engines, generators, batteries, battery charges, gas-fueled water heaters and similar equipment shall be installed so as to be accessible only from the outside of the units.
i. 
Suspension or Revocation. Registrations issued under the provisions of this subsection may be suspended or revoked by the city health officer upon notice and hearing, for any reason as follows:
1. 
Fraud, material misrepresentation contained in the application.
2. 
Fraud, material misrepresentation made in the course of carrying on the business of vending.
3. 
Conducting the business in such a manner as to create a public nuisance or constitute a danger to the public health, safety, welfare or morals.
4. 
Violation of any city ordinance or law.
5. 
Any activity injurious to the health, safety and welfare of the public.
j. 
Penalty. Any person violating any of the provisions of this subsection shall be subject to the violation to the provisions of the general penalty clause as set forth in section 3-12 in addition to any other penalty provided herein. Each day that a violation of this subsection exists shall constitute a separate offense.
[1]
Editor's Note: Section 1 of Ordinance No. 28-84 provides that the number of hawkers, peddlers and vendors which shall be permitted to engage in peddling on the streets, sidewalks and highways of the city shall be limited to nine.
a. 
Motor Vehicle Registration and Insurance. Prior to receiving a mercantile license for any mobile vending unit, the applicant must provide proof that the vehicle is registered in the State of New Jersey and that the vehicle owner has procured at least the minimum level of liability insurance required in the State of New Jersey.
b. 
Health Department Inspection. Prior to receiving a mercantile license any applicant under this section must provide a current Cape May County Health Department inspection certificate for the mobile vending unit in question.
c. 
Display of Prices. All vehicles licensed under this section shall be required to display prices on the exterior of the vehicle in a clear and easily read print style in order to permit patrons to be aware of the cost of purchase of goods prior to purchase.
d. 
Photographs on File. During the term of the license the vendor shall supply the municipal clerk with photographs of each employee, employed by the vendor and shall include with the same, name, address, telephone number and social security number for each employee. A photograph and similar information regarding the vendor shall also be supplied.
The following are found and determined as facts:
a. 
The City of Wildwood maintains a boardwalk and public park on the beach fronting along the ocean.
b. 
The selling by peddlers of ice cream, food, beverages, confections and other commodities to persons on the beach creates an unsanitary condition by the accumulation of wrappers, containers and other debris from the items sold which is detrimental to the public health and safety, and detracts from the comfort, enjoyment and scenic beauty of the beach.
c. 
The presence and activities of peddlers in large numbers upon the public beach constitutes a source of annoyance and is detrimental to the comfort and recreation of the persons who use the beach for recreational purposes.
d. 
It has been the experience of the City of Wildwood that a substantial number of the peddlers using the beach are floaters and itinerants with no fixed places of residence and present a definite police problem for the protection of the safety of persons and property.
a. 
No person shall peddle any ice cream on the public beaches of the City of Wildwood without having first obtained a license as provided in this section. No license shall be issued for the sale of merchandise on the public beaches along the ocean front of the City of Wildwood except the sale of ice cream. The restriction set forth herein shall not apply to individuals or entities who hold a Beach Zone license, as further set forth in this chapter. Sale of ice cream and bottled water shall be incorporated into the same license.
b. 
The number of licenses to be issued by the city clerk shall be limited to 15.
Application for a license under this section shall be made in the same manner as an application for a license under section 7-3 of this chapter. In addition to the information required by that section, the applicant shall be required to comply with the following:
a. 
Produce evidence of a current peddler's license issued by the County Clerk of the State of New Jersey in accordance with N.J.S.A. 45:24-9, et seq.
b. 
Be domiciled in the city, established by submitting with the application the applicant's last federal income tax return or State of New Jersey tax return and/or proof of voting address and a driver's license with a street address in the City of Wildwood. The domicile requirement shall remain in effect during the term of the license and a condition of renewal of the license.
a. 
The investigation of the applicant, report of the chief of police and consideration of the application by the board of commissioners shall be in accordance with the procedure established in section 7-3. No license shall be issued to anyone who is not the holder of a valid, subsisting peddler's license issued by a county clerk of the State of New Jersey pursuant to N.J.S.A. 45:24-9, et seq.
b. 
Returning vendors, from previous calendar years, shall be issued licenses when they have submitted applications and paid fees as required on or before May 15 of each year. Failure to do one or both shall mean forfeiture of license renewal and will move applicant to 7-4.4c of this section.
c. 
Initial or first time applicants will comply in the same manner as subsection 7-4.3. Applications will be submitted to the city clerk on or before May 15 of each year. Applicants for license will be selected by lottery at commissioners meeting in accordance to number of vacant licenses found under subsection 7-4.2b.
d. 
Should subsection 7-4.2 fall below 15 vendors for whatever reason, during a summer season, the city clerk may use initial applicants from May 15 and or new complying applicants up until July 31 of that year to reopen the lottery. If applicants are lacking vacant license will remain open into the next year.
a. 
A license issued during the prior calendar year which remained in good standing, shall be renewed upon application the subsequent year in accordance with subsection 7-1.5a of this chapter. The annual fee for a license under this section shall be set by resolution of the governing body.
b. 
Exempt firemen are no longer eligible for a beach peddlers license in the City of Wildwood. The city will return to the original intent of the law giving returning veterans exclusive domain on city issued peddlers licenses. However any exempt fireman holding a current City of Wildwood peddlers license shall retain it.
In addition to the regulations set forth in section 7-3 every person licensed under this section shall comply with the following requirements:
a. 
He shall have prominently displayed on the container or carrier for his product the price to be charged for the product and he shall not charge more than the price displayed.
b. 
At all times while carrying on the licensed activity, he shall wear clean, white outer garments. His clothing and equipment shall be subject to inspection by the division of health and shall comply with all applicable ordinances of the city and the rules and regulations of the division of health.
c. 
The storage place and distribution points for ice cream, foods, beverages, confections and related commodities sold by peddlers licensed under this section shall be maintained in a clean and sanitary condition and shall be subject to inspection by the division of health and shall fully comply with the ordinances of the city and the laws of the State of New Jersey and the rules and regulations of the division of health.
d. 
No licensee shall conduct business within 100 feet of any regularly established beach grille.
e. 
No licensee shall conduct business upon the public boardwalk or its approaches.
f. 
Vehicles used for restocking shall remain west of the beach line established by the city's department of public works by placement of beach trash cans, and restocking of vending units must occur west of that line. Licensed beach peddlers shall not be permitted to vend in areas where events are being held with stationary vendors who are serving event attendees, nor be permitted to vend within 200 feet of any stationary food vendor on the beach.
As used in this section, the following terms shall have the meanings indicated:
PERSON
Shall mean any individual, but should not be construed to mean a corporation, partnership, association or any other form of business entity.
VENDING UNIT
Shall mean any pushcart, wagon or other wheeled vehicle or device which may be moved without the assistance of a motor and which is not required to be licensed and registered by the Motor Vehicle Commission used for the displaying, storing or transporting of articles offered for sale by a vendor or transporting merchandise for the purpose of selling and delivering the merchandise to customers. The word "vendor" shall also include the words "peddler" and "hawker."
a. 
Licenses issued under the provisions of this section may be suspended or revoked by any court of proper jurisdiction, including the Wildwood Municipal Court, for any of the following reasons:
1. 
Fraud or material misrepresentation contained in the application.
2. 
Fraud or material misrepresentation made in the course of carrying on the business of vending.
3. 
Conducting a business in such a manner as to create a public nuisance or constitute a danger to the public health, safety, welfare or morals.
Violation of any of the regulations of this section may result in suspension or revocation of the vendor's right to vend within the City of Wildwood by action of the city administrator. The city administrator must first notify the vendor, in writing, of his proposed action and serve the vendor either personally or by certified mail, return receipt requested, to the address the vendor last supplied to the city clerk. The notice shall give the vendor three business days to request a hearing from the business administrator, and if he does, the hearing shall be held within seven days thereafter. Notice of suspension or revocation shall become an enforceable order of suspension or revocation in the event that a hearing is not timely requested. In the event a hearing has been held and a determination made, the determination shall constitute an enforceable order.
Any person violating any of the provisions of this section shall, upon conviction in a court of proper jurisdiction, be punished by a fine not exceeding one thousand two hundred fifty ($1,250.00) dollars or by imprisonment not exceeding 90 days, or both. If a violation is immediately correctable by moving the vending unit, failure to do so upon the request of a police officer shall constitute a separate offense and may subject the vendor to arrest and the towing of his vending unit. Every day that a violation of this section exists shall constitute a separate offense. In the event that a police officer, in the exercise of his or her discretion, determines that a particular violation is resulting in a dangerous condition or is a violation of health regulations, the police officer may immediately terminate the vendor's right to vend until the vendor has corrected the violation.
There shall be no licenses issued to carry on the business of auctions, auction sales, auction houses and jam joints.
It is hereby declared that the City of Wildwood is a seashore resort municipality with parts of it customarily constituting an amusement and entertainment area according to the customary understanding of such terms, and that certain piers in amusement and entertainment areas are known and recognized as amusement parks, all of which areas are more particularly described as follows:
a. 
Zone 1. All of the lands between the mean high water line of the Atlantic Ocean and the east side of Ocean Avenue from the south side of 26th Avenue to the north side of Wildwood Avenue and all of the lands between the mean high water line of the Atlantic Ocean and the east side of Ocean Avenue from the south side of Schellenger Avenue to the north side of Cresse Avenue, excepting thereout and therefrom, the pier premises situated on the east side of the Boardwalk between Juniper Avenue and Poplar Avenue known as Hunt's Ocean Pier and the pier premises situated on the east side of the Boardwalk between Spencer Avenue and Youngs Avenue known as Fun Pier, each of which piers is hereinafter incorporated into Zone 4.
b. 
Zone 2. All of the lands between the mean high water line of the Atlantic Ocean and a line running approximately parallel thereto distant 100 feet westwardly of the boardwalk, from the south side of Wildwood Avenue to the north side of Oak Avenue.
c. 
Zone 3. All of the lands between the east side of the boardwalk and the east side of Atlantic Avenue from the south side of Oak Avenue to the north side of Schellenger Avenue.
d. 
Zone 4. The amusement parks known as:
1. 
Ocean Pier situated on the east side of the boardwalk between Juniper Avenue and Poplar Avenue.
2. 
Starlight Ballroom Pier situated on the east side of the boardwalk between Oak Avenue and Cedar Avenue.
3. 
Marine Pier situated on the east side of the boardwalk between Cedar Avenue and Schellenger Avenue.
4. 
Fun Pier situated on the east side of the boardwalk between Spencer Avenue and Young Avenue.
5. 
The property located on the west side of Pacific Avenue, between Hildreth Avenue and Bennett Avenue, known as 5210 Pacific Avenue, Lots 14, 15, 29 and 30, block 14.
6. 
The property located on the west side of Park Boulevard, between Hand Avenue and Leaming Avenue, known as 5000 Park Boulevard, Block 28, Lot 1-10 and 16-23.
It shall be unlawful for any person to operate or permit the operation of any amusement game in the City of Wildwood unless and until a license has been issued by the board of commissioners in accordance with the regulations promulgated by the State Commissioner of Amusement Games Control of the State of New Jersey and pursuant to the authority of this section.
a. 
Zones 1, 2 and 3. The annual license fee for operating any of the several classes of permissible amusement games in all zones as described in Regulation No. 7 of the Amusement Games Regulations shall be as set forth in subsection 7-1.7. The municipal clerk may issue up to a total of 67 licenses, which may be allocated in any manner in each of the several classes in Zones 1, 2 and 3, as follows:
1. 
Objects thrown or propelled at target games — one game per license. Permissible Amusement Games Certificate No. 1.
2. 
Arcade machine or device games — pokerino, pinball, skeeball, etc. — no maximum number of machines per license. Permissible Amusement Games Certificate No. 2.
3. 
Non-draw raffle games permitting blind selection of prize — one game per license. Permissible Amusement Games Certificate No. 3.
4. 
Competitive achievement games — skillo, fascination, bowlo, etc. Permissible Amusement Games Certificate No. 4, not more than 100 players.
5. 
Games of chance incorporating lay down boards, electrical push buttons, start and stop, moving indicators and symbols and numbers known as stop and go games — one game per license. Permissible Amusement Games Certificate No. 5. Such lay down boards electrical push buttons shall be located not less than ten feet from the boardwalk on traveled portion of the public way.
6. 
Ring the bell game or high striker game. Permissible Amusement Games Certificate No. 7.
7. 
Certification No. 9. A game of chance incorporating a lay down board marked in segments bearing numbers, names or symbols whereon the player or players place the entry fee as an indication of choice of expected winner which is determined by a non-electrical and a non-mechanical device set in motion by a player or players coming to rest; generally known as pan game, crazy ball and crazy block. Only one of the above games may be licensed under one license.
8. 
Guessing games wherein a single player, upon payment of a fee, is entitled to win a prize in the event that the operator is unable to guess, within announced limits, the weight or age of the player, generally known as Guess Your Weight Game and Guess Your Age Game. Permissible Amusement Games Certification No. 6.
9. 
Miscellaneous skill games wherein a single player, upon payment of a fee, is entitled to use a physical skill to attain a predetermined goal for which a prize is awarded, generally known as Log Roll and Rope Climb, and such similar games as may from time to time be certified pursuant to this subchapter. Permissible Amusement Games Certification No. 8.
b. 
Zone 4.
1. 
The type of license and the annual license fee therefor in zone 4 shall be the same as set forth in paragraphs 7-6.3a1 through 6 hereinabove for similar games.
2. 
The number of licenses to be issued in zone 4 shall be any combination of licenses described in paragraph 7-6.3a1 through paragraph 7-6.3a6 hereinabove to a maximum combination of ten licenses for each amusement park described in paragraph 7-6.1d1 through paragraph 7-6.1d4 hereinabove.
3. 
No license shall be permitted to be transferred from any amusement park defined in 7-6.1d1 hereinabove to any other amusement park or from zone 4 to any other zone.
(a) 
In the event that any of the amusement parks shall have issued and outstanding more than ten licenses in 1976, then and in that event, such amusement parks shall be entitled to have issued thereto a number of licenses equal to the number of licenses issued and outstanding in 1976. To the extent any of the licenses are not renewed in any given year, the total number issued to such amusement park shall be reduced by that number. Until each time as the total number of licenses for any of the amusement parks is reduced to a maximum of ten, no person-to-person transfer of any licenses shall be permitted within the amusement park.
(b) 
For such period during which any amusement park shall have more than ten licenses by virtue of the provisions of paragraph (a) hereinabove, each of the other amusement parks shall be permitted to utilize a maximum of three additional amusement games licenses within the amusement parks. Such licenses shall be those presently authorized under the provisions of paragraph 7-6.3a. This provision shall not be construed to authorize any licenses in addition to those authorized in paragraphs 7-6.3a and 7-6.3b2 hereinabove.
c. 
Elimination of Maximum Number of Games Licenses. Effective January 1, 1985, all restrictions as to the number of amusement games licenses that can be issued, as well as any limitations as to classification of licenses, shall be eliminated.
Each amusement games licensee and his employees shall be required to register with the city clerk, complete the questionnaire and registration forms that the city clerk shall require, and pay the license fee as set forth in subsection 7-1.7 as a prerequisite to the operation of amusement games.
a. 
No license shall be granted to any person for premises having as its means of ingress and egress an entrance on Ocean Avenue in zone 1 or an entrance on Atlantic Avenue in zone 3.
b. 
No licensee shall operate or permit the operation of any amusement game on the licensed premises between the hours of 4:00 a.m. and 8:00 a.m.
c. 
The regulations promulgated by the State Commissioner of Amusement Games Control insofar as they relate to the holding, operation and conduct of amusement games in the City of Wildwood are hereby made a part of this section.
d. 
A separate license shall be required for each specific amusement game operated at a specific location.
e. 
Under no circumstances shall a license or rights thereunder be deemed property, subject to sale or any transfer whatsoever, and the attempt to sell or transfer without the consent of the board of commissioners shall be grounds for suspension or revocation of a license.
Notwithstanding the provisions of this section, or any section of this code, it shall be permissible for hotels, motels and rooming houses to provide a game room for use by patrons in which pinball machines may be located. However, the following rules shall apply:
a. 
There will be a limit of ten games for the following fees:
On or before May 1st: $150.
After May 1st: $200.
b. 
Such game rooms shall be for the use by patrons of the hotel, motel, rooming house only.
c. 
There shall be no means of ingress directly from sidewalks fronting on city streets.
Notwithstanding the provisions of this section, or any section of this code, it shall be permissible for hotels, motels and rooming houses to provide vending machine per floor for use by patrons in which vending machines may be located. However, the following rules shall apply:
a. 
There shall be a limit of one vending machine per floor for the following fees:
On or before May 1st: $100.
After May 1st: $133.
b. 
Such vending machines shall be for the use by patrons of the hotel, motel, rooming house only.
c. 
There shall be no means of ingress directly from sidewalks fronting on city streets.
[1]
Editor's Note: Ordinance No. 992 adopted March 16, 1982 deleted portions of Section 7-7 as being non-operative in accordance with terms of franchise agreement.
Any building, structure, parking area or other place from which electrically propelled rolling chairs or tram cars are operated shall be designated as a rolling chair or tram car station. No person shall operate or maintain a rolling chair or tram car station without first obtaining a license and paying the required license fee. The license for each terminal shall be renewed in accordance with subsection 7-1.5 of this section and the fee shall be as set forth in subsection 7-1.7. Each tram car license shall be required to maintain an office within the city limits.
Application for a license to operate an electrically propelled rolling chair or tram car shall be made to the city clerk upon a form provided by him. The license shall be valid until the 31st day of December following its issuance. The license shall be issued by the clerk upon payment of an annual license fee as set forth in subsection 7-1.7, provided that the applicant possesses a valid motor vehicle operator's license, and be at least 18 years of age.
a. 
Deleted.
b. 
Deleted.
c. 
Electrically propelled rolling chairs or tram cars shall operate only from duly licensed terminals as defined by subsection 7-7.3 of this chapter.
d. 
Deleted.
e. 
Deleted.
f. 
Deleted.
g. 
All damages to the boardwalk resulting from the use and operation of electrically propelled rolling chairs or tram cars shall be reported by licensee to the city clerk and shall be immediately repaired by the licensee to the satisfaction of the director of parks, public property and public works.
h. 
In general, all electrically propelled rolling chairs and tram cars shall be operated in a careful and prudent manner at all times.
i. 
All owners of electrically propelled rolling chairs or tram cars shall have and exhibit to the city clerk a general noncancellable liability insurance policy naming the City of Wildwood as an addition-al insured, with limits of not less than $100,000.00 in the event of bodily injury or death to one person and not less than $300,000.00 in event of bodily injury or death to any number of persons in any one accident and with limits of not less than $50,000.00 for property damage.
No operator's license required by this section shall be transferable and no owner's or station license shall be transferable without the consent of the board of commissioners.
The director of the department of public affairs and public safety, or his duly authorized agent, shall supervise all electrically propelled rolling chairs or tram cars and their operators. He shall see that the chairs are kept in a condition of safety for the transportation of passengers and that the operators are duly licensed under the terms of this section and are complying with its requirements.
As used in this section:
a. 
INDOOR COURSE — Shall mean any miniature golf course erected or constructed completely within the walls of any approved building designed for permanent use and occupancy.
b. 
OUTDOOR COURSE — Shall mean any miniature golf course other than an indoor course as defined in paragraph (a).
No person shall operate a miniature golf course within the City of Wildwood without having first obtained a license and paid the required license fee.
Application for a license to operate a miniature golf course shall be made to the city clerk upon forms provided by him and shall contain the following information:
a. 
The name and address of the applicant. If the applicant is a corporation, its name, the address of its principal place of business, and the name and address of its registered agent.
b. 
The street address or location of the miniature golf course sought to be licensed.
c. 
Such other information as the clerk may appropriately require.
The determined fee of the license shall be as set forth in section 7-1 of this chapter.
a. 
All miniature golf courses shall be conducted in a quiet and orderly manner. No miniature golf course shall be open for play and no playing shall be permitted on any course between the hours of 1:00 a.m. and 7:00 a.m., provided that any miniature golf course located on the boardwalk shall observe the hours of operation for all other boardwalk businesses, if such hours of operation are established.
b. 
The lighting system installed on any outdoor miniature golf course shall be designed and arranged so that the rays from the lamps or reflectors forming part of the lighting system shall not interfere with the comfort and privacy of the occupants of adjoining or adjacent premises or public thoroughfares.
c. 
No licensee or employee shall:
1. 
Permit the premises or its appurtenances to become unsanitary. Adequate receptacles must be provided for the disposal of refuse.
2. 
Permit any vocal or instrumental music or any other sound by means of any mechanical device of any kind to be made for the purpose of attracting or entertaining patrons except between the hours of 9:00 a.m. and 9:00 p.m.
As used in this section the following words shall have the following meanings:
a. 
JUNK — Shall mean anything which is no longer used or usable for its intended purpose, whether because it is damaged, worn out or obsolescent or for any other reason, which has value because of the parts or materials which it contains. Examples of junk include, but are not limited to, rags, scrap iron, brass, copper, tin or lead plumbing fixtures, derelict, wrecked or otherwise inoperable motor vehicles or parts of same, old bottles, glass, lumber, etc.
b. 
JUNK YARD — Shall mean any junk shop, automobile junk yard, motor vehicle graveyard or any other premises by whatever name called where junk is collected, sold or stored.
Application for a license to operate a junk yard shall be made to the city clerk upon the form provided and shall contain the following information. In addition to the facts for application required by subsection 7-1.3, the applicant for a junk yard license shall provide the city clerk with the following additional information:
a. 
The location by street address and by block and lot number of the licensed premises.
b. 
A plot plan in triplicate drawn to scale showing the location and dimensions of the premises, the location of all fences and screening and any other information which may be appropriately required for the effective enforcement of this section.
c. 
A statement as to whether the applicant owns or leases the premises sought to be licensed. If the applicant is not the owner of the premises, the consent of the owner to the conduct of the proposed junk yard shall accompany the application.
Each license issued under this section shall be valid only for the person or entity and the premises for which it was granted and shall, not be transferable.
All junk yards shall be enclosed by a solid wall or fence at least eight feet in height and so constructed that the interior of the junk yard will not be visible from a public street. The wall or fence shall be painted white, dark green or some similar color and shall be kept in good repair. It shall contain no more than two entrances or exits, each not less than 15 feet nor more than 20 feet wide. In Place of a wall or fence, a junk yard may be enclosed by a planting of dense evergreen screening, provided that the screening is sufficient to prevent the interior of the junk yard from being visible from a public street. In the event that such screening is used, the junk yard shall also be enclosed by a "cyclone" or similar type of chain link fence erected inside the screening and sufficient to prevent unauthorized persons from gaining entrance.
a. 
Any licensee or agent or employee of a licensee who shall have in his possession any item of personal property which is alleged to have been stolen or lost shall, upon demand, immediately permit the examination of that item by any law enforcement officer or other person who may properly request to examine it.
b. 
No licensee or agent or employee of a licensee shall knowingly buy, sell, receive, dispose of, conceal or have in his possession any motor vehicle from which the manufacturer's serial number or any other number or identification mark has been removed, defaced, altered, covered or destroyed for the purpose of concealing the, identity of the vehicle.
c. 
Junk shall be stored in a manner that will permit employees and customers and other persons to move about easily without risking injury. All junk shall be stored within the fence or screening required by subsection 7-9.4.
d. 
The burning of junk or refuse material in the open air is prohibited.
e. 
No licensee shall permit rodents, vermin, insects, or conditions likely to attract them, or any other unhealthy or unsanitary condition to exist upon the licensed premises.
The number of licensed premises within the city shall be limited to two and no newly created junk yards shall be permitted, nor shall any presently existing junk yard be relocated. It is understood that the board of commissioners may impose such further rules and regulations with regard to the business to be conducted which it may deem necessary and proper for the preservation of public health, safety and welfare of the city and its inhabitants.
As used in this section, the following words shall have the following meanings:
a. 
TAXICAB or TAXI — A motor vehicle used to transport passengers for hire which does not operate over a fixed route and is not hired by the day or hour, and has a maximum passenger capacity of no more than seven passengers as follows:
1. 
No more than three passengers to occupy each rear seat of the vehicle.
2. 
No more than one passenger, other than the driver, in the front seat of the vehicle.
3. 
No taxicab license should be issued to a vehicle other than a standard passenger sedan and a standard passenger station wagon.
b. 
LIMOUSINE — Shall be defined as any automobile or motor car with a carrying capacity of not more than nine passengers, not including the driver, used in the business of carrying passengers for hire which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this state and which is hired by charter or for a particular contract, or by the day or hour or other fixed period, or to transport passengers to a specified place or places, or which charges a fare or price agreed upon in advance between the operator and the passenger. Nothing in this article contained shall be construed to include taxicabs, hotel buses or buses employed solely in transporting school children or teachers or autobuses which are subject to the jurisdiction of the Board of Public Utilities, or interstate autobuses required by federal or state law or rules of the Board of Public Utilities to carry insurance against loss from liability imposed by law on account of bodily injury or death.
c. 
OWNER — Shall mean any person in whose name title to any taxicab is registered with the New Jersey Department of Motor Vehicles, or who appears in the department's records as a conditional vendee or lessee or has any other proprietary interest in a taxicab and/or limousine.
d. 
OPERATION — Consists of transferring one or more persons for hire. Accepting a passenger to be transported for hire from a point of departure within the city to a destination within or without the city shall be considered operation within the city. The operation by one other than the owner shall be deemed operation by the owner as well as by the person actually driving the taxicab or limousine.
No taxicab or limousine shall be operated in the city unless the owner is licensed and the driver registered as required by this section.
The number of taxicabs licensed to operate within the city shall not exceed 21, which is determined to be the maximum number which may be permitted to operate without creating undue congestion on the streets of the city, including congestion in the vicinity of bus terminals, hotels and other places at which taxicabs frequently pick up or discharge passengers. No license hereunder shall be issued unless the commissioners shall be satisfied that public convenience and necessity so require.
During the time period between May 1 and September 30 inclusive, in each year, each license is required to be active or it shall be rescinded and then issued to another taxicab owner through the board of commissioners or another city representative who may be designated by resolution. For the purpose of this section, subsection 7-10.1 et seq., active use shall be deemed to mean that such license is assigned to a specific taxicab, in use on the public streets, providing transportation to and accepting fares from the general public. Any license determined not in such active use and operation as of, or after May 1st in any year shall be reassigned. Such assignment shall be made to the next owner on a waiting list maintained for this purpose.
An applicant for a taxicab or limousine owner's license shall be at least 18 years of age and shall possess a valid Jersey driver's license. In the case of a firm or corporation, these qualifications shall be met by the controlling members or stockholders.
Application for a license required by this section shall be made to the city clerk upon forms provided by him and shall contain the following information:
a. 
The name and address of the applicant. If the applicant is a corporation, the name and address of its registered agent.
b. 
A description of the taxicab sought to be licensed, including the type of motor vehicle, the name of the manufacturer, the serial number, license number and seating capacity.
c. 
Such other information as the board of commissioners may appropriately, by resolution, require.
d. 
All taxicabs and limousines licensed hereunder shall have, exhibit, and provide to the city clerk, a copy of a general liability insurance policy with limits of not less than $100,000.00 in the event of bodily injury or death to any one person, and not less than $300,000.00 in the event of bodily injury or death to any number of persons in any one accident, and with limits of not less than $50,000.00 for property damage. Such policy shall name the City of Wildwood, as an additional insured party. In addition, the city shall be provided with not less than ten days notice of any cancellation of any insurance policies on or before the proposed date of cancellation.
The board of commissioners shall, within ten days of the filing of the application, either grant or deny the license. Applications shall be considered in the order in which they are received.
The fees and term of license shall be as set forth in section 7-1.
a. 
No taxicab owner's license or limousine owner's license shall be transferred without the approval of the board of commissioners and the payment of the fee for a taxicab license or limousine license as set forth in subsection 7-1.7. No such approval shall be granted to any person who is not qualified by the provisions of this section to obtain a taxicab owner's license or limousine owner's license.
b. 
A licensee may be permitted to substitute a vehicle or driver in the place of a licensed vehicle and registered driver provided notice of the proposed substitution is given to the city clerk, which notice shall contain information as is required in the original registration of driver or vehicle.
1. 
In the event permission is sought to substitute a vehicle or driver because of damage or destruction of the vehicle or injury or illness of the driver, temporary permission for the substitution may be made by the police chief of the city.
2. 
Temporary permission from the police department shall be for a period of not more than 72 hours.
All taxicab owners and drivers and all limousine owners and drivers shall register with the city clerk and complete such registration forms and questionnaires as may be appropriately required. Registrants shall be fingerprinted and photographed to permit the proper identification of the registrant. The fee for registration shall be as set forth in subsection 7-1.7. Registration shall be displayed in the taxicab or limousine at all times while the registrant is operating it.
Each taxicab operated under the authority of this section shall on or before July 1, 1974, be equipped with a taximeter fastened in front of the passengers, visible to them at all times day and night. After sundown, the face of the taximeter shall be illuminated. This taximeter shall be operated mechanically by a mechanism of standard design and construction, driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. It shall be sealed at all points and connections, which, if manipulated, would affect its correct reading and recording. Each taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not employed; it shall be the duty of the driver to throw the flag of the taximeter into a recording position at the start of each trip, and to throw the flag into a nonrecording position at the termination of each trip. The taximeters shall be subject to inspection from time to time by the director of public safety or any employee of the director's department or any police officer. Any such individual is hereby authorized either on complaint of any person or without such complaint, to inspect any meter, and upon discovering any inaccuracy therein, to notify the person operating the taxicab to cease operation. Such a taxicab shall be kept off the highways until the taximeter is repaired and returned to the required working condition.
a. 
The maximum rates to be charged by any licensed taxicab shall be those set forth in a "Taxicab Rate Schedule" to be adopted and amended from time to time by resolution of the city commissioners and filed with the city clerk.
b. 
The initial "Taxicab Rate Schedule" shall be as follows:
1. 
Six ($6.00) dollars for one city block (or any portion thereof) through 24 city blocks (or any portion thereof) for one person.
2. 
Seven ($7.00) dollars for any trip more than 24 city blocks through 30 city blocks (or any portion thereof) for one person.
3. 
For any trip more than 30 city blocks seven ($7.00) dollars; plus an additional one ($1.00) dollar for each additional five city blocks (or any portion thereof).
4. 
For the purpose of calculating fares under the proceeding subsections wherein the fare is based on the number of city blocks traveled, only city blocks that run in generally north to south direction shall be counted and city blocks that run in a general east to west direction shall not be counted in the fare calculation, unless the trip is an entirely east to west trip in which even the fare shall be the minimum fare set forth above.
5. 
For each additional person the maximum fare to be charged may be increased by one ($1.00) dollar per person.
6. 
Two dollars and fifty ($2.50) cents per five minutes (or any portion thereof) of waiting time.
7. 
All fares not encompassed by the preceding subsections shall be negotiated and settled upon by the taxicab driver and the prospective passenger(s) prior to the commencement of the trip.
c. 
Every taxicab licensed hereunder shall have displayed prominently and plainly visible for its passengers a schedule of rates for the hire of the taxicab.
d. 
The operator of each taxicab shall at all times have available a suitable cash receipt book to write out, sign, and give to any passenger requesting a written receipt in the amount of the fare paid.
e. 
For the purpose of regulation and for the purpose of clearly distinguishing a limousine from a taxicab, it shall be unlawful for any person owning, operating or driving a limousine automobile as herein defined to make a charge for transportation of one or more persons at a minimal charge of less than one ($1.00) dollar. Further, it shall be unlawful for any such owner, operator or driver of a limousine to authorize any pick up or to pick up and/or cruise or solicit for passengers other than by appointment. No rebates, participating coupons or other inducements calculated to reduce rates shall be permitted.
Every licensed taxicab or limousine shall be sufficiently identified as a city taxicab or limousine by having the Wildwood license number displayed in three inch letters on the rear of each vehicle, and the city issued plate attached to the rear of the vehicle. The taxicab and limousine operator's registration certificates shall be prominently and plainly visible for purposes of easy and prompt identification.
a. 
Transporting Passengers. No driver as defined in this section shall induce any person to employ him by knowingly misinforming that person as to the time or place of the arrival or departure of any train or bus or as to the location of any public place or private residence, or as to the distance between any two points; nor shall any driver convey a passenger to any- other place or over any other route than that which the passenger may have instructed him to take. Unless otherwise requested, passengers shall be conveyed only over the most direct, practical routes to their destinations.
b. 
New Rules. There is reserved to the commissioners the right to make such rules and regulations in relation to the operation of taxicabs and limousine and the conduct of the operators and drivers thereof as the commissioners may determine to be necessary and proper in the best interests of the citizens.
Licenses or certificates may be suspended temporarily or permanently revoked by the director of public safety at any time in case:
a. 
The owner as defined herein shall (1) cease to operate for the period of one year without first having obtained permission for cessation of operation from the director of public safety or (2) cease to be in active use during the period from May 1 to September 30 inclusive as required in subsection 7-10.3.
b. 
The taxicab or limousine is operated at a rate of fare other than that prescribed by this section, or any amendment thereof.
c. 
If at any time within the licensed year a taxicab owner or driver has been convicted of a crime, the board of commissioners shall immediately suspend or revoke the owner's or driver's license.
d. 
For failing to comply with the provisions of this section, state laws, and the traffic rules and regulations of the city and the police department now existing or hereafter adopted.
e. 
A violation thereof may be cause for suspension or revocation by the city upon due notice and hearing by the director of public safety or his designate, in addition to any fines or penalties which may be imposed in the municipal court of the city.
f. 
Suspension or revocation shall be in writing and any aggrieved party may have the same right of appeal to the commissioners. Any owner or operator shall immediately cease operation upon receipt of a written notice, and not resume operation until the license or certificate is restored or the suspension expires.
Any violation of this section by any driver shall constitute a similar violation on the part of the owner of the taxicab or limousine.
A business or garage providing limousine and taxicab service in the city shall provide one off-street parking space within the city for each limousine and/or taxicab.
The city hereby adopts all benefits, rights and privileges contained in the Bingo Licensing Law, as provided in R.S. 5:8-24, et seq.
It shall be lawful to conduct such games of chance on any day of the week, provided the license issued by the city so provides.
The penalty for the violation of the Bingo Licensing Law shall be as provided for by R.S. 5:8-41.
PRIVATE PARK OR GROVE — For the purpose of this section, shall mean any place rented or hired or otherwise utilized for the use of any individual, group of people, organization, corporation or association, where food is sold or consumed in the open air or in an enclosed facility.
No person shall conduct or carry on the business or the operation of a private park or grove or directly or indirectly in any manner whatsoever utilize any place or premises as a private park or grove unless and until it shall be granted by the commissioners of the city in accordance with the terms of this section a license to conduct such private park or grove for the place or premises for which the same shall be carried on.
Private park or grove licenses shall be limited to a maximum of 28.
The license shall be applied for by written application filed with the city clerk. Such application shall set forth the full name and address of the applicant, the particular kind of business to be carried on, the location or place of the premises in or at which the same is to be carried on, the total park or grove area in square feet and a diagram of same. The application shall also he accompanied with the full amount of the license fee for the year applied for in the amount hereinafter provided. No private park or grove shall expand its facilities beyond that area utilized in 1972.
The licensee fee for a private park or grove shall be as set forth in subsection 7-1.7.
Licensee shall provide adequate sanitary facilities which shall include at least two men's urinals and one men's toilet, and two women's toilets for the first 4,000 square feet of private park or grove area. Licensee shall have one additional men's urinal and one additional men's toilet and two additional women's toilets for each additional 4,000 square feet or any part thereof of private park or grove area above the first 4.000 square feet. In addition, licensee shall have two men's and women's washbasins for the first 4.000 square feet of private park or grove area. For each additional 4.000 square feet of private park or grove area licensee shall provide one additional men's and one additional women's washbasin. The sanitary facilities shall be completely enclosed. Licensee shall comply with all regulations of the board of health.
The licensee shall provide an adequate supply of pure drinking water. The water shall be dispersed from drinking fountains only, and no dipping vessels or common cups shall be permitted. There shall be two fountains for each and every 4,000 square feet or any part thereof of private park or grove area which fountains shall not be located in the toilet facilities.
Each person shall have until May 1, 1974, to upgrade existing park or grove facilities to bring the facilities into conformance with subsections 7-12.6 and 7-12.7. The health inspector of the city shall in his sole discretion have the right to extend the time which the licensee shall have to satisfy the requirements of subsections 7-12.6 and 7-12.7, provided that licensee demonstrates the plans, specifications, means, and good faith effort to implement this provision.
a. 
There shall be no dumping of waste material on the grounds. All waste material and refuse shall be placed into refuse cans provided by the licensee. There shall be a minimum of two 30-gallon covered refuse containers for each 1,000 square feet or any part thereof of private park or grove area. Each receptacle shall be maintained in a clean and sanitary condition at all times.
b. 
Private park or grove hours shall not be greater than from 8:00 a.m. to 10:00 p.m.
c. 
Licensee shall not permit licensed premises to be used for immoral purposes or suffer the violation thereon or therein of any penal law, statute, or ordinance of the municipality.
d. 
No animals shall be permitted to run at large on or within any private park or grove.
The health inspector, his employees, or agents shall have the right and the duty to enforce the provisions of this section and to make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of making the provisions of his chapter more effective as expressly or by implication imposed by any provision of this chapter. Permits and licenses issued under this section may be suspended or revoked by the health inspector in accordance with the provisions of section 2-16 of the code as revised. Such rules and regulations shall remain on file in the office of the health inspector of the city.
All private parks or groves shall comply with section 9-4 of this revision, as amended, as though each private park or grove was a retail food establishment.
In the event the licensee shall fail or refuse to comply with any of the terms or provisions of this section or any other ordinance, including but not limited to Chapters 3, 4, and 9, the commissioners may on notice and hearing refuse to renew or may revoke any license applied for or granted hereunder.
Any violation of this section shall subject the violator to the general penalty clause as set forth in section 3-12 in addition to any other penalty provided herein.
a. 
Any license issued under the provisions of this chapter may be revoked by the governing body after notice and a hearing in accordance with section 2-16 for any of the following causes:
1. 
Fraud or misrepresentation in any application for a permit or license.
2. 
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
3. 
A violation of any provision of this chapter, or any other provision of this revision or other ordinance of the City of Wildwood applicable to the licensed activity.
4. 
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.
5. 
Conduct of the licensed activity whether by the licensee himself or his agents or employees in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or welfare.
6. 
Issuance of property maintenance code violation, after notice and opportunity to abate, which has not been abated by the date of the hearing to revoke or suspend the license and which has a deleterious effect on public health, safety or welfare. The code enforcement officer is directed, upon issuance of a property code violation to a licensed property, to notice the clerk of same and request the scheduling and notice of a hearing to revoke or suspend such license.
7. 
In the case of a rental housing license, conduct of the owner, licensee, tenants or occupants such that two or more calls to the police department have been made within one season for noise, nuisance or illegal activity, which calls have been substantiated by the responding offices and had a deleterious effect upon public health, safety or welfare, whether or not criminal citations are issued and prosecuted.
8. 
In the case of a rental housing license, any police action which results in the seizure from the property of a controlled dangerous substance, as defined by N.J.S.A. 2C:35-2; in amounts which would support a conviction for distribution, such that such activity threatens public health, safety or welfare.
b. 
For purposes of this section a season shall mean between May 1 and October 1 of any calendar year, whether or not the property is rented seasonally or annually.
c. 
For purposes of this section a call shall be considered to include any notice which causes the police to respond to the property.
d. 
The chief of police is directed to submit to the clerk the address of any licensed property for which a substantiated police call for noise, nuisance or illegal activity between May 1 and October 1 has occurred, and the clerk, in consultation with the city solicitor, shall ensure the matter is presented to the governing body, with a license revocation hearing scheduled and noticed, as required by law.
The governing body may issue another license to a person whose license has been revoked or denied as provided under this chapter, if after a hearing they are satisfied by clear and convincing evidence that the acts which led to the revocation or denial will not occur again. Otherwise, no person whose license has been revoked or denied, nor any person acting for him directly or indirectly shall be issued another license.
a. 
Any violation of this section shall subject the violator to the general penalty clause as set forth in section 3-12 of the Revised General Ordinances of the City of Wildwood in addition to any other penalty provided herein.
b. 
Upon conviction of a violation of this section the subject business shall be ordered closed, unless, at the time of conviction the business has a valid mercantile license such that closure shall be at the discretion of the court.
c. 
As per N.J.S.A. 40:49-5, any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall be calculated separately from the fine imposed for the violation of the ordinance.
d. 
Mercantile License (Non-Rental Housing) Violations. Violation of this section, unless other provisions apply, shall subject the violator to the following penalties:
1. 
Business operator.
(a) 
First offense: The business operator shall be subject to a fine of not less than one hundred ($100.00) dollars for a first offense.
(b) 
Each day a business is open and operating after issuance of a notice of violation shall be considered a separate and distinct violation for purposes of the penalty provisions herein.
(c) 
Prior violations, other than those borne from days consecutive to the subject violation, shall be presented as an exacerbating factor in favor of a term of incarceration.
2. 
Property owner.
(a) 
First offense. The property owner who leased, licensed or permitted a business to operate on his or her property shall be subject to a fine of not less than one hundred ($100.00) dollars if the following has been found to have occurred:
(1) 
The business was not licensed at the time the property was occupied; in which case each day the business is open and operating after occupation of the property shall be considered a separate and distinct violation for purposes of the penalty provisions herein.
(2) 
The business was previously licensed but was not licensed at the beginning of a license term due to failure to renew a license.
(3) 
The business licenses was denied or revoked and the property owner was on notice of same.
e. 
Rental Housing Mercantile License Violations. Violation of this section with regard to unlicensed rental housing shall subject the violator to the following penalties:
1. 
Property owner, manager, landlord:
(a) 
Minimum fine. Upon conviction of a property owner, manager and/or landlord, such violator shall be subject to the mandatory minimum penalty of one hundred ($100.00) dollars.
(b) 
Daily violation. Each day a business is open and operating after issuance of a notice of violation shall be considered a separate and distinct violation for purposes of the penalty provisions herein.
(c) 
Relocation. The violator shall be ordered to pay restitution to all displaced tenants whose conduct was not the cause of the violation, in the amount necessary to compensate such displaced persons for costs of relocation.
(d) 
Exacerbating factors. The following, if they have been shown to have occurred, shall be presented as exacerbating factors in support a term of incarceration in the County Correctional Facility of at least five days for a first offense and at least ten days for a second or subsequent offense:
(1) 
After issuance of the violation notice the property is vacated and then reoccupied by a new tenant without the property having become properly licensed; or,
(2) 
After issuance of the violation notice the property remains occupied for ten days or more without having become properly licensed, unless the violator can show that he or she has either:
(i) 
Issued a notice(s) of eviction upon the tenants or occupants which is being fully prosecuted with a likelihood of success such that property will be closed forthwith; or,
(ii) 
Offered to relocate the tenants or occupants and pay the costs incurred for such relocation; and such offer has been refused without good cause, which refusal shall subject such tenants or occupants to violation of this section for occupying an unlicensed property.
(e) 
Personal injury or death of an occupant. Upon conviction of a property owner, manager and/or landlord violation of this section, wherein an unsafe condition of such licensed property has resulted in injury to or death of an occupant or tenant, such shall be presented as an exacerbating factor in support of a maximum fine allowed by law and a term of incarceration of not less than 90 days in the Cape May County Correctional Facility.
2. 
Tenant/occupant. Upon conviction for occupying unlicensed rental housing, such violator shall be subject to the following penalties:
(a) 
A mandatory minimum fine of one hundred ($100.00) dollars per violation, with each day subsequent to the day the notice of violation was served the occupancy continues considered a separate violation.
(b) 
Prior violations, other than those borne from days consecutive to the subject violation, shall be presented as an exacerbating factor in favor of a term of community service of not less than five days.
Any application for mercantile license or for any other purpose which requires the applicant's submission of fingerprint cards shall be submitted to the designated city official together with a fingerprint application fee in the amount of fifteen ($15.00) dollars.
Editor's Note: Paragraphs a3 and a5 through a9 of section 2 of Ordinance No. 122-86 were stricken and their enforcement is permanently enjoined and restrained by court order.
As used in this section, the following terms shall have the meanings indicated:
BASE RETAIL PRICE
Shall mean the price for which a garment may be purchased without custom garment fabrication service.
CUSTOM FABRICATED GARMENT
Shall mean any garment that is altered, at the request of a customer, by custom garment fabrication service, whether or not such garment is provided by the custom garment fabrication business or the customer.
CUSTOM GARMENT FABRICATION BUSINESS
Shall mean a business that sells custom fabricated garments to the general public at retail.
CUSTOM GARMENT FABRICATION SERVICE
Shall mean the act of altering a garment on site at a retail business by application of custom garment material through a heat transfer, screen painting or other similar process.
CUSTOM GARMENT FABRICATION MATERIAL
Shall mean adornments, including but not limited to: lettering, designs, decals, appliqués, artwork or similar artistic or commercial designs.
CUSTOM GARMENT ORDER FORM
Shall mean a written statement indicating the base retail price, and specifying the amount of each additional charge for custom garment fabrication material, custom garment fabrication services, and for taxes (if any), the total of all of which equals the full purchase price to be charged for the custom fabricated garment.
FULL PURCHASE PRICE
Shall mean the maximum price for which a garment may be sold, which shall be inclusive of all charges, services, taxes (if any), and fees, including but not limited to, any charge for custom garment fabrication service or custom garment fabrication materials.
GARMENT
Shall mean any item of wearing apparel.
POINT OF SALE
Shall mean the location in a custom garment fabrication store at which the sale of custom fabricated garments is consummated by payment of the purchase price therefor.
a. 
Any person, firm or corporation desiring to engage in the custom garment fabrication business shall apply to the clerk of the City of Wildwood, in writing, on forms supplied by the City of Wildwood for said purpose, which form shall be duly verified by the applicant. The application shall set forth:
1. 
Name and address of applicant.
2. 
Local and permanent addresses and telephone numbers of applicant.
3. 
(Reserved)[1]
[1]
Editor's Note: Paragraphs a3 and a5 through a9 of Section 2 of Ordinance No. 122-86 were stricken and their enforcement is permanently enjoined and restrained by Court order.
4. 
If applicant is a corporation, the name and address of its registered agent.
5. 
(Reserved)[2]
[2]
Editor's Note: Paragraphs a3 and a5 through a9 of Section 2 of Ordinance No. 122-86 were stricken and their enforcement is permanently enjoined and restrained by Court order.
6. 
(Reserved)
7. 
(Reserved)
8. 
(Reserved)
9. 
(Reserved)
b. 
Each applicant for a license must qualify for a mercantile license in accordance with Chapter 7 of the revised code of the City of Wildwood and the requisite fee therefor must be paid prior to the issuance of a license to engage in the custom garment fabrication business.
c. 
Each custom garment fabrication business license issued by the clerk of the City of Wildwood shall contain a registration number and no such license shall be transferable.
Licenses issued pursuant to the provisions of this section shall be good only for the period of issuance and shall be effective only from the date of issue of each year. No license will be issued for a subsequent year without again complying with the provisions of this section.
a. 
It shall be unlawful to engage in the custom garment fabrication business in the City of Wildwood without first obtaining a license therefor pursuant to the provisions of this section.
b. 
No person, partnership, firm or corporation engaged in the custom garment fabrication business, whether as an owner or an employee therein, shall sell or offer for sale any garment unless:
1. 
The garment is marked with its base retail price.
2. 
The price of the garment is clearly marked in ink or marker. No prices shall be marked in pencil. The marked price must reflect the price of the garment as it then exists, whether or not the garment may have been previously modified by custom garment fabrication services.
c. 
No person, partnership, firm or corporation shall sell, or allow to be sold in its place of business, any custom fabricated garment unless the customer seeking to purchase such garment is provided with a custom garment order form for such custom fabricated garment which is signed by the salesperson and approved by the customer by signing the custom garment order form prior to the commencement of the custom garment fabrication service. Said custom garment order form shall be a two-part pre-printed form which shall be at least five inches by eight inches (5" x 8") and shall have printed on it the following:
1. 
Name and address of the store from which the custom fabricated garment is to be purchased.
2. 
License number of the custom garment fabrication business.
3. 
A column for the quantity of custom garment fabrication material or custom garment fabrication service being purchased.
4. 
A column indicating each item of custom garment fabrication material or each item of custom garment fabrication service for which a charge is being made.
5. 
A column showing the unit price of each item of custom garment fabrication material and each item of custom garment fabrication service for which a price is being charged.
6. 
A column showing the extension of the multiplication of the unit prices times the quantity.
7. 
A column showing any charge for New Jersey State Sales Tax.
8. 
A total column showing the full purchase price of the custom fabricated garment.
9. 
An extended total line if more than one identical custom fabricated garment is being purchased.
10. 
If the custom garment fabrication business engages in the practice of discounts off a posted price, a line must be provided for indicating the amount of the discount.
11. 
A line for the signature of the salesperson.
12. 
A line for the signature of the purchaser.
Nothing contained herein shall be deemed to require any person, partnership, firm or corporation to prepare and provide the customer with a custom garment order form if the garment in question is sold for its full purchase price as reflected on said garment pursuant to paragraph b of this subsection.
d. 
No person, partnership, firm or corporation engaged in the custom garment fabrication business, whether as an owner or an employee therein, shall sell different types of custom fabricated garments unless an individual custom garment order form is first completed in accordance with the provision,, of paragraph c hereof. If a customer orders more than one identically fabricated and priced fabricated garment, one custom garment order form may be used, in which case the extended total line provided in the custom garment order form must be completed.
e. 
No salesperson may charge, nor may any person, partnership, firm or corporation engaged in the custom garment fabrication business authorize a salesperson to charge the purchaser of a custom fabricated garment any amount in excess of the amount shown on the custom garment order form or on the posted notice of prices described in paragraph i below.
f. 
Every person, partnership, firm or corporation engaged in the custom garment fabrication business shall provide each buyer of a custom fabricated garment with a cash register or other receipt for any purchases of custom fabricated garments, showing the price of all custom fabricated garments purchased and the amount of sales tax, if any, charged in conjunction therewith. The price on the cash receipt for custom fabricated garments must be the same as the price on the custom garment order form.
g. 
Every person, partnership, firm or corporation engaged in the custom garment fabrication business must have a copy of this section at each point of sale in the store and make it available to any person to read, upon reasonable request.
h. 
Each person, partnership, firm or corporation engaged in the custom garment fabrication business must post at each point of sale a notice, to be provided by the City of Wildwood, which sets forth the following information:
1. 
This business has been licensed by the City of Wildwood to sell custom fabricated garments.
2. 
The license number is ______________.
3. 
It is illegal for the seller to custom fabricate a garment for a customer without first providing the customer with a written custom garment order form which details and itemizes the prices being charged for a garment to be prepared to the customer's specifications.
4. 
Each customer must also receive a cash register or other receipt for any purchase of a custom fabricated garment from this store when you pay for the custom fabricated garment. The cash amount on the receipt must agree with the amount on the custom garment order form.
5. 
A copy of this City of Wildwood section regulating the sale of custom fabricated garments is available to customers to read at any cash register or other point of sale in this store.
6. 
The failure of a merchant to comply with any of these provisions should be reported to the City of Wildwood Consumer Affairs Office at 4400 New Jersey Avenue, Wildwood, New Jersey, or at the Tourist Information Bureau on the Boardwalk at Schellenger Avenue.
i. 
Every owner of a custom garment fabrication business shall post in plain view of the public a clearly lettered sign, at least eight and one-half inches by eleven inches (8 1/2" x 11"), with lettering at least two inches high, at each point in its store, which sign itemizes the unit price for each type of custom garment fabrication material that can be purchased in the store, whether separately or as part of the preparation of a custom fabricated garment, as well as the price of each type of custom garment fabrication service which is available in the store, whether it is obtained separately or as part of the preparation of a custom fabricated garment, which prices must be identical to the unit prices that would be shown on a custom garment order form for the same item. All items for which New Jersey Sales Tax is charged shall be designated by a clearly visible identifying mark at least one-half inch high adjacent to the price for such item referring to a legend at the bottom of the posting, that reads in one inch high letters, the phrase TAXABLE ITEM.
In addition to being subject to the penalties provided in subsection 17-5.6 of this section, any license issued under this section may be revoked or suspended by the city council of the City of Wildwood for any misstatement in any application or for any violation of this section. No license shall be revoked or suspended until the licensee has been afforded a hearing before the city council of the City of Wildwood. Notice of the filing of a complaint which seeks to suspend or revoke any license issued under this section shall be served on the defendant personally or on the person designated to receive service in 17-5.2a4 of this section, which notice will establish a date for a hearing to be held not more than ten days from the date of such notice, at which time the defendant shall have the right to be represented by counsel, call witnesses, cross-examine witnesses produced in support of the complaint, as well as such other rights necessary in order to insure due process. Should any license be revoked or suspended, no part of the license fee shall be returned.
Any person, partnership, firm or corporation who violates any subsection of this section shall, upon conviction thereof, be subject to imprisonment not exceeding 90 days and/or a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars.
As used in this section, the following terms shall have the meanings indicated:
a. 
BODY PIERCING — Shall mean piercing of the skin for the express intention of insertion of any object, including but not limited to jewelry, provided, however, that the piercing of the lobes of the ears shall be specifically excluded from the purview of this section.
b. 
BRANDING — Shall mean the marking of the human skin by the intentional application of a hot object.
c. 
LOCAL HEALTH AUTHORITY OR HEALTH DEPARTMENT — Shall mean the Cape May County Department of Health.
a. 
Any person, firm or corporation desiring to engage in the body piercing or branding business shall apply to the clerk of the City of Wildwood, in writing, on forms supplied by the City of Wildwood for said purpose, which form shall be duly verified by the applicant. Separate applications will be required for body piercing and branding. The application accompanied by the license fee hereinafter fixed shall set forth:
1. 
Name and address of applicant.
2. 
Local and permanent addresses and telephone numbers of applicant.
3. 
Name, local address and telephone number of manager of business if different from applicant.
4. 
If applicant is a corporation, the name and address of its registered agent.
5. 
The name and address of a person residing in, or employed in the City of Wildwood designated by applicant to accept service of process of any complaint arising out of an alleged violation of the provisions of this section. Said designee may be applicant.
6. 
Copy of New Jersey Sales Tax Certificate.
7. 
Federal Employer Identification Number if applicant is a corporation, partnership or firm; Social Security Number if applicant is a proprietorship.
8. 
A certification that applicant is a citizen of the United States or, if not, is the holder of documentation authorizing the alien to be employed in the United States, such as an alien registration card issued by the United States Immigration and Naturalization Service on Form No. I-151, I-551, I-94 with an endorsement authorizing employment in the United States, or the like.
9. 
If applicant is a partnership, firm or corporation, all information required by the application shall apply not only to the partnership, firm or corporation, but also to each officer, director or holder of ten percent of the issued stock (if a corporation), and to all members of a partnership or firm.
10. 
The licensee shall maintain liability insurance in the amount of one million five hundred thousand ($1,500,000.00) dollars. The licensee must supply proof that the insurance has been paid for in full for the licensed period as a precondition to obtaining a permit.
11. 
The licensee shall post and maintain the full name of the piercer and a copy of letter from the Cape May County Health Department memorializing that said piercer has satisfied their course and requirements in a conspicuous place within the facility. In addition, a copy of the mercantile license issued by the City of Wildwood shall be posted in the same conspicuous place within the facility by the licensee.
b. 
Each applicant for a license must qualify for a mercantile license in accordance with Chapter 7 of the Revised Code of the City of Wildwood, and the requisite fee therefor which is hereby established at five hundred ($500.00) dollars, must be paid prior to the issuance of a license to engage in the body piercing business.
c. 
Each applicant for a license must qualify for a mercantile license in accordance with Chapter 7 of the Revised Code of the City of Wildwood, and the requisite fee therefor which is hereby established at five hundred ($500.00) dollars must be paid prior to the issuance of a license to engage in the branding business.
d. 
Each body piercing business license and each branding business license issued by the clerk of the City of Wildwood shall contain a registration number and no such license shall be transferable.
e. 
A separate mercantile license shall be required for the individual piercer and for the holder of the mercantile license of the premises in which the individual piercer practices body piercing within the City of Wildwood as follows:
Premises License
Piercer License
Prior to May 1
$400
$600
After May 1
$467
$783
Additionally, the individual piercer and the holder of the mercantile license for the premises in which said piercer practices shall be required to have a picture I.D. issued by the City of Wildwood, mounted in a conspicuous place on the premises at all times. The charge for each picture I.D. shall be ten ($10.00) dollars.
Licenses issued pursuant to the provisions of this section shall be good only for the period of issuance and shall be effective only from the date of issue each year. No license will be issued for a subsequent year without again complying with the provisions of subsection 7-16.2 of this section.
a. 
It shall be unlawful to engage in the body piercing business or branding business in the City of Wildwood without first obtaining a license therefor pursuant to the provisions of this section.
b. 
The fines for violating any portion of this section shall be up to one thousand ($1,000.00) dollars for each violation. Each violation shall be deemed a separate offense. No person, partnership, firm or corporation shall engage in the acts of body piercing or branding unless he or she first obtains a license from this municipality to engage in the same. Furthermore no individual, partnership, firm or corporation shall engage in such activity, whether for business purposes or otherwise, unless the licensee and the premises at which such activity is to be conducted and the equipment to be utilized in conjunction therewith meet the following standards:
1. 
In order to prevent contamination and/or cross-contamination, each facility shall have three physically separate rooms, to wit: (i) a waiting room; (ii) a work stations room; and (iii) an equipment cleaning room. The design of these rooms shall allow adequate space for receiving, cleaning, decontamination, preparation and packaging. Work flow and traffic patterns shall be designed to flow from soiled to clean areas. Suitable signs to designate soiled and clean work spaces shall be used to limit the possibility of cross-contamination into clean work areas. Hand washing facilities shall be operable and conveniently located in the equipment cleaning room. Manual cleaning of instruments shall be conducted in a sink of sufficient size to process soiled instruments. An emergency eye flushing device shall be provided where needle building activities are performed. Exhaust hoods shall be provided over needle building work areas and shall have a dedicated exhaust directly to outside air. A separate, readily accessible and operable, hand sink with hot and cold running water under pressure, and equipped with wrists, foot, or sensor operated controls and supplied with liquid soap, and disposable paper towels shall be readily accessible within the body art establishment to service every work station. The room in which the body piercing or branding is done shall have an area of not less than 100 square feet. The walls, floors, and ceiling shall have an impervious, smooth and washable surface. Sheet rock and paint are not permissible. The walls must be mirrored glass, tile or other impervious material. The floor shall have a smooth, easily cleanable, nonabsorbent, and nonporous surface, with no cracks and/or crevices. The floor wall junctures shall be cove molded.
2. 
A toilet shall be adjacent to the area where body piercing or branding is performed. The lavatory shall be supplied with hot and cold running water, soap and sanitary towels.
3. 
The piercing room must have a sink area which supplies hot and cold running water.
4. 
All tables must be covered with formica, glass, or stainless steel, and must be washed immediately after work has been performed on a patron, with a mixture of 1:10 bleach or the equivalent.
5. 
Said tables shall be separated from waiting customers or observers by a panel at least four feet high.
6. 
There shall be separate labeled waste containers for trash and biohazardous waste.
7. 
There shall be an examination table, surgical chair, dental chair, or similar chair or table which utilizes disposable examination table paper for covering the chair or table.
8. 
The studio must be inspected and approved by the Cape May County Health Department.
9. 
The universal precautions promulgated by OSHA shall be set forth on a sign to be no smaller than 16 inches by 20 inches and shall be publicly displayed on a wall in the piercing room.
10. 
A separate sign no smaller than five by ten inches listing all chemical disinfectants used, by brand name, EPA Establishment Number, and 95A Tuberculocar.
11. 
The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair.
12. 
The licensee must obtain proof of age from every applicant which must be photocopied clearly and legibly. Acceptable proof is a state photo driver's license or other validly issued state photo I.D. or valid passport. Failure, on the part of the licensee, to maintain a clear and legible copy of the same for every applicant shall be deemed to be a violation of this section. In addition, in the case of minors who present themselves with a parent and/or guardian, said parent and/or guardian shall sign a consent form along with the subject minor consenting to said service and simultaneously shall present acceptable proof of the minor's identity and age and acceptable proof that he/she is in fact the minor's parent and/or legal guardian.
13. 
Anatomical texts may be maintained for the purposes of explaining procedures to patrons; however, no drawings, photographs or other graphic literature depicting genitalia, breasts or other objectionable displays shall be placed in the public view.
14. 
Each licensee performing piercing shall complete a first aid certification course sponsored by the American Red Cross or equivalent agency and shall possess a first aid certification. Said first aid certification shall be posted in the same conspicuous place within the facility as the referenced County Health Department letter and City of Wildwood Mercantile License.
15. 
Each licensee performing piercing shall be inoculated for hepatitis and shall maintain proof of said inoculation from a physician or medical facility within the facility.
16. 
Each facility shall possess a water purification system for each and every sink, faucet, and drinking fountain located within and/or utilized by the facility.
17. 
The licensee must be capable of communicating effectively in the English language in order to effectively explain the risks and hazards associated with body piercing to potential clients.
c. 
It shall be a violation for anyone to pierce or brand any body part of an individual under 18 years of age without authorization signed by the parent or legal guardian and witnessed by the operator. The operator shall be responsible for maintaining the original consent form and copies of all consent information for a period of three years.
d. 
If the client is suspected to be under the influence of alcohol, drugs or any other behavioral modifying substance, the operator must refuse the client.
e. 
Each person wishing a body piercing or branding must fill out an application which will include the name, date of birth, address and telephone number of the client as well as the location(s) of the piercing or branding and the name of the operator.
f. 
Written guidelines shall be established for the care of the site after piercing or branding and shall be approved by the local health authority. Each client shall receive a written copy of the guidelines for care of body piercing or branding sites.
g. 
Hepatitis B pre-exposure or proof of immunity is required for all body piercing operators who use needles. Any accidental needle stick injury shall be reported to the health department. If a person cannot obtain the vaccination for medical reasons, he shall submit to the health department a letter from his physician certifying that the individual does not have Hepatitis B and the vaccination is contraindicated.
h. 
All body piercing or branding operators shall attend a training program sponsored by the health department to assure basic knowledge of sterile technique and universal precautions.
i. 
All persons, partnerships, firms and corporations engaged in the body piercing or branding business, whether as an owner or an employee therein, shall utilize the following procedures in conducting the body piercing or branding business:
1. 
The operator shall wash his hands thoroughly with an antiseptic and water before starting a piercing or branding; the hands shall be dried with individual, single-use towels.
2. 
Gloves shall be worn with any procedure that involves contact with a client's blood. Hands shall be thoroughly washed after the procedure has been completed. A fresh pair of sterile gloves must be utilized for each patron. Used gloves must be discarded in accordance with appropriate procedure.
3. 
No piercing or branding of the tongue shall be permitted.
4. 
No piercing or branding shall be done on skin surface that has rash, pimples, boils or infections, or manifests any evidence of unhealthy conditions.
5. 
The area to be pierced or branded shall first be thoroughly washed with warm water and an antiseptic liquid soap. A single-use sponge shall be used to scrub the area.
6. 
Immediately after piercing or branding, the patron shall be advised on the care of the site and to consult a physician at the first sign of infection.
7. 
All infections resulting from body piercing or branding which become known to the operator shall be reported to the local health department within 24 hours.
8. 
Ear piercing guns may not be used for body piercing, but may only be used for piercing ear lobes.
j. 
All persons, partnerships, firms and corporations engaged in the body piercing or branding business, whether as an owner or an employee therein, shall utilize the following standards for sanitation of instruments utilized in the body piercing or branding business:
1. 
All clean and ready-to-use needles and instruments shall be kept in a closed glass or metal case or storage cabinet while not in use. Such cabinet shall be maintained in a sanitary manner at all times.
2. 
Only single service sterilized needles shall be used.
3. 
Needles used for body piercing shall be steam sterilized before use on any customer. Any other method of sterilization shall be approved by the local health authority.
(a) 
The sterilizer shall be well-maintained with a tight-fitting gasket and a clean interior.
(b) 
The manufacturer's operating instructions and sterilization specifications shall be at hand. The operation of the sterilizer shall conform to the manufacturer's specifications with regard to temperature, pressure and time of sterilization cycle.
(c) 
Proper functioning of sterilization cycles shall be verified by the weekly use of biological indicator (i.e., spore tests). All such tests should be logged into a logbook and maintained on site. Additionally, two confirmatory tests shall be conducted by a qualified outside laboratory every four weeks. In addition, a test may be required to be done during any inspection.
(d) 
Each item to be sterilized shall be individually wrapped using a chemical indicator or strip to verify steam exposure.
4. 
Forceps, opening pliers, closing pliers, insertion pins, accessory equipment, and all body jewelry must be sterilized by using autoclave sterilization and a chemical disinfectant registered by the Environmental Protection Agency as the tuberculocidal when used and recommended dilutions. All operators shall follow the manufacturer's instructions when utilizing any chemical disinfectant.
(a) 
To avoid safety hazards the jewelry to be utilized shall be grade 315L or better.
k. 
Disposal of Wastes.
1. 
Needles shall not be bent or broken prior to disposal. Operators shall take precautions to prevent injuries from contaminated needles.
2. 
Needles shall be disposed of directly into a solid puncture resistant container.
3. 
Needles as well as gloves, gauze and other materials saturated with blood shall be discarded in a plastic bag and placed into a cardboard box prior to off-site disposal. A written agreement for disposal of such waste shall be with an authorized service for disposal of medical waste.
a. 
In addition to being subject to the penalties provided in subsection 7-16.7 of this section, any license, issued under this section may be revoked or suspended by the board of commissioners of the City of Wildwood for any misstatement in any application or for any violation of this section. No license shall be revoked or suspended until the licensee has been afforded a hearing before the board of commissioners of the City of Wildwood. Notice of the filing of a complaint which seeks to suspend or revoke any license issued under this section shall be served on the defendant personally or on the person designated to receive service in subsection 7-16.2a5 of this section, which notice will establish a date for a hearing to be held not more than ten days from the date of such notice, at which time the defendant shall have the right to be represented by counsel, call witnesses, cross-examine witnesses produced in support of the complaint, as well as such other rights necessary in order to insure due process. Should any license be revoked or suspended, no part of the license fee shall be returned.
b. 
Notwithstanding the above, the approval, license or permit of any person to operate a body art facility may be suspended at any time and the facility closed by the health authority or by the boardwalk inspector for the City of Wildwood when, in the opinion of the health authority or in the opinion of the boardwalk inspector of the City of Wildwood, such action is necessary to abate a present or threatened menace to the public health. The following shall be reason(s) for closure:
1. 
Failure or lack of properly functioning equipment.
2. 
Unsanitary or unsafe conditions which may adversely impact the health of the public.
3. 
The health authority has reasonable cause to suspect that a communicable disease is, or may be, transmitted by an operator/ practitioner.
4. 
The licensee has demonstrated gross incompetence in performing body piercing, ear piercing, tattooing, or micro-pigmentation.
5. 
The owner obtained or attempted to obtain a license by means of fraud, misrepresentation or concealment.
6. 
The licensee has been convicted in this or any other state of a crime related to the practice of tattooing, micropigmentation, body piercing or ear piercing.
7. 
Any violation of N.J.A.C. 8:27-1 et seq.
Nothing in the foregoing shall be construed so as to affect the practice of medicine or any other recognized profession or occupation by a person duly licensed by the State of New Jersey to engage in such practice, profession or occupation and whose license would lawfully authorize the piercing, branding or burning of the body.
Any person, partnership, firm or corporation who violates any subsection of this section shall, upon conviction thereof, be subject to imprisonment not exceeding 90 days and/or a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars.
Prior ordinance history: Ordinance Nos. 463-98, 502-00.
Any person, firm or corporation desiring to conduct an organized activity on the city's beach shall be required to first obtain a beach special event permit. Application for a beach special event permit may be made by filing a completed beach special event permit application with the office of the city clerk.
a. 
Approval of a beach special event wherein the number of attendees or participants shall be fewer than 250 people shall be at the discretion of the commissioner who oversees beach services, or his or her designee, which approval shall not be unreasonably withheld.
b. 
Approval of a beach special event wherein the number of attendees or participants is expected to be 250 or greater shall be at the discretion of the governing body, which approval shall not be unreasonably withheld.
The fees applicable to events which may be held on the city beach shall be approved annually by resolution of the governing body.
The permit for an approved beach special event may not be released by the office of the city clerk unless and until:
a. 
The requisite permit fee has been paid in full, unless the event approval permits a portion of the fee be paid after the event; and,
b. 
The permit has been signed by the commissioner who oversees beach services, or his or her designee.
a. 
It shall be a violation of city ordinances for an organized activity to be held on the city beach without having received a beach special event permit.
b. 
It shall be a violation of city ordinances for an organized activity to be held on the city beach without having paid the beach special event permit fee imposed upon approval of the permit application.
c. 
Employees of the Office of Code Enforcement of the City of Wildwood are authorized to issue a summons for violation of this section of the city ordinances.
d. 
Violation of this section of the city ordinances shall subject the violator to a fine of up to one thousand ($1,000.00) dollars and jail, as permitted by law.
e. 
Violation of this subsection may be good cause for denial of a beach special event permit application.
Waverunner/personal watercraft rentals wherein the licensee rents personal watercraft to the general public shall be permitted in the City of Wildwood subject to the limitations set forth herein. Licensee must comply with all local, state and federal guidelines relative to personal watercraft rentals and operations. The licensee must procure approval from the marine police as to the zone of operation and must maintain, mark and patrol the zone. Licensee also must provide proof of liability insurance in the minimum amount of one million ($1,000,000.00) dollars and the City of Wildwood shall be named as an additional insured on said policy. The licensee must also receive approval from the governing body by the resolution as to the area of operation.
a. 
Provisions.
1. 
The licensee must prominently display federal regulations regarding operations of motor vessels around and near marine mammals and penalties for the violations of these regulations.
2. 
The licensee will cease operations of all watercrafts if any marine mammal is seen within 100 yards of the operation zones for the watercrafts. (This would allow for the free and undisturbed passage of the marine animals through the area and the enjoyment of these animals by others.)
3. 
The licensee will not refuel the watercrafts when the watercraft is in the water. (This will prevent needless fuel spills due to wave action.)
There shall be a maximum of three licenses issued for waverunner and personal watercraft rental operations in the City of Wildwood.
License fee will be five hundred fifty ($550.00) dollars plus any other applicable fees.
The following items and businesses are prohibited from being sold or operated in the Boardwalk Amusement Zone:
a. 
Aqua babies.
b. 
(Reserved)
c. 
Hookah bars.
d. 
Iguanas.
e. 
Oxygen bars.
f. 
Pet shops as defined in N.J.A.C. 8:23A-1.1.
g. 
Novelty items that may be misconstrued to be a weapon:
1. 
Cigarette lighter guns.
2. 
Knives.
3. 
Laser pointers.
4. 
Marshal arts stars or weapons.
5. 
Paint ball guns.
6. 
Smoke bombs.
The sale of hermit crabs shall be permitted in the Boardwalk Amusement Zone subject to the operator providing proof that he or she holds an animal exhibitors license and a wholesale animal dealer license.
a. 
Upon application to the board of commissioners for good cause shown a "special event" permit may be issued for a fee of thirty ($30.00) dollars for the event organizer; thirty ($30.00) dollars for each vendor, for periods not to exceed four days to be conducted in the public areas of the City of Wildwood. No such permit shall authorize activities otherwise prohibited due to health or public safety laws or regulations or other applicable laws.
b. 
Applications shall contain such information as may be deemed necessary by the board of commissioners including the activities to be conducted, including time and place(s) with exact description of location; whether any sound amplification or vehicles will be used; and such other information as the commissioners shall deem necessary by regulation including proof of insurance.
c. 
Dumpster fees shall be as follows: twenty ($20.00) dollars for one day. Thirty ($30.00) dollars per week (seven calendar days) and forty ($40.00) dollars for the month (30 calendar days).
The City of Wildwood shall hereby provide for honoraria and memorials on boardwalk benches for friends and family to honor notable individuals by sponsoring plaques on its benches. The fees shall be one thousand four hundred ($1,400.00) dollars for entire eight-foot bench one thousand two hundred ($1,200.00) dollars for a six-foot bench, and one thousand ($1,000.00) dollars for a four-foot bench. The sponsorship will be for ten years. Previous purchasers of plaques may opt to have new plaques displayed for the balance of ten years from their original purchase date, at no additional cost. At the conclusion of that time period, new sponsorship plaques will need to be purchased at the applicable current rate. Plaques shall be of standard size and contain suitable wording to be approved by the city prior to placement, provided further that no commercial sponsorship shall be permitted on benches in front of a competing business establishment.
In the event that city parks, beaches, streets or other facilities are requested to be used for a special event such as, but not limited to, parades, shows, sporting or athletic events and the costs to the city should be defrayed by fees the office of the city clerk shall collect for the use of the said facilities, which unless otherwise set by ordinance or resolution shall be as follows:
a. 
Use of Fox Park for events requiring electric shall be five hundred ($500.00) dollars per event.
b. 
For all events, city employee overtime charges on an hourly rate as needed based on contract wages and salaries.
The fees for this section shall be in addition to the submission of an application for use of facilities which shall be approved by the appropriate commissioner in charge of special events, along with the submission of any other forms, releases, waivers and proof of insurance necessary to protect the interests of the City of Wildwood, as determined by the governing body.