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.
[1]
Editor's Note: Former § 7-1.1A, Taxes and Other
Municipal Charges to Be Currents, was repealed 12-31-2014 by Ord. No. 1018-14.
[1]
Editor's Note: Former § 7-1.1B, Tourism Development
Fee Payments to Be Current, was repealed 12-31-2014 by Ord. No. 1018-14.
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.
[1]
Editor's Note: Former § 7-1.1D, Applicants Applying
in Person — Verification That Taxes, Water and Sewer Payments
Are Current, was repealed 12-31-2014 by Ord. No. 1018-14.
For the purposes of this section, within the City of Wildwood,
shall mean:
Selling, consigning, or renting any goods or services, including
the rental of sleeping accommodations, and the rental of all other
real property.
Soliciting business or offering any goods or services for sale
or for rent.
Using any vehicle or premises within the city for the purposes
described in paragraphs a and b of this subsection.
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.
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.
[Amended 12-31-2014 by Ord. No. 1018-14]
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,
Chief Property Code Inspector, Chief of Police and Fire Official for
departmental review by that official or his or her designee. Upon
review and approving by the requisite City Officials or his or her
designee, if no violation of the City of Wildwood codified ordinances
or any laws of the State of New Jersey is noted, the license applied
for shall be issued by the City Clerk within 10 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 10 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 application shall be referred to the Board of
Commissioners for consideration, with notice to the applicant.
[Amended 11-25-2020 by Ord. No. 1179-20]
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 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 Mercantile License shall expire on the 1st
Day of May of the year subsequent to their issue.
The provisions of this section shall not apply to:
[Amended 6-14-2017 by Ord. No. 1074-17; 11-25-2020 by Ord. No. 1179-20]
The annual fees for mercantile licenses in the City of Wildwood
shall be in accordance with the following schedule:
|
Category
| |
|---|---|
|
All business not classified, up to 1,000 square feet
|
$285
|
|
Additional 100 square feet or part thereof
|
$20
|
|
Including types of business as: Auto Repair Shops,
Bath Houses & Lockers; Garbage & Junk Collection; Grocery
Stores; Hair Wrap; Locksmiths; Marina's, Pharmacy; Service Stations
| |
|
Amusement Game Certification No. 1
|
$500
|
|
Amusement Game Certification No. 2
|
$1,150
|
|
Amusement Game Certification No. 3
|
$500
|
|
Amusement Game Certification No. 4
|
$1,150
|
|
Amusement Game Certification No. 5
|
$1,150
|
|
Amusement Game Certification No. 6
|
$500
|
|
Amusement Game Certification No. 7
|
$500
|
|
Amusement Game Certification No. 8
|
$500
|
|
Amusement Game Certification No. 9
|
$500
|
|
Amusement Rides (Unclassified)
|
$775
|
|
Amusement Rides (Kiddie)
|
$200
|
|
Apts./hotels/motels/etc./per sleeping room
|
$8
|
|
Arcade-up to 25 Machines
|
$400
|
|
Excess over 25 Machines
|
$500
|
|
Barber/Beauty - Sale of Merchandise
|
$75
|
|
Beach Chairs/Umbrella Stands each location
|
$100
|
|
Beach Cabana - 3 sides with open front
|
$50
|
|
Bicycle Stands Rentals
|
$350
|
|
Boat/Jet Ski Rentals
|
$775
|
|
Bowling Alley, each alley
|
$43
|
|
Coin Operated Mach/Dist-up to 25 Machines
|
$1,000
|
|
Each Additional Machine
|
$35
|
|
Coin Operated Machines (Each)
|
$50
|
|
Concessionaire/Convention Center
|
$1,400
|
|
Custom Garment Fabrication
|
$285
|
|
Distributor/Delivery (Produce, Seafood, ice, etc.)
|
$400
|
|
Eating Establishment (Up to 50 Seats)
|
$200
|
|
Excess over 50 Seats
|
$250
|
|
Entertainment
|
$300
|
|
Grass Cutting/Cleaning Service
|
$125
|
|
Group Licensing Body Piercing/Henna/Tattooing (Including 4 Individuals)
|
$1,250
|
|
Excess Per Individual
|
$25
|
|
Helicopter
|
$775
|
|
Ice Cream Trucks
|
$285
|
|
Miniature Golf Course
|
$285
|
|
Newspaper Boxes
|
$285
|
|
Parking Lots Up to 40 Cars, under 12,000 square feet
|
$225
|
|
Parking Lots Over 40 Cars, above 12,000 square feet
|
$425
|
|
Patio Permits
|
$150
|
|
Private Garage/Yard Sales per day (2 per year)
|
$15
|
|
Push Carts/Veterans
|
$140
|
|
Rental of Boat Slips - Residential up to 10 Slips
|
$75
|
|
Rental of Real Property
|
$50
|
|
Shooting Gallery
|
$425
|
|
Taxi Service
|
$285
|
|
Theaters, each
|
$1,000
|
|
Towing
|
$350
|
|
Water Parks
|
$775
|
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.
Failure
to renew a mercantile license by the May 1st deadline will result
in an additional fee of 25% of the aforementioned mercantile fee,
municipal court summons and penalties in accordance with N.J.S.A.
40:49-1, et seq.
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.
[1]
Editor's Note: Former § 7-11, Pushcarts Prohibited,
was repealed 12-31-2014 by Ord. No. 1018-14.
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.
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.
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:
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.
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 the corner of Burk and Ocean
Avenues, northwesterly side.
[Amended 3-28-2018 by Ord. No. 1105-18]
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.
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:
Shall mean any individual, but should not be construed to
mean a corporation, partnership, association or any other form of
business entity.
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.
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:
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.
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:
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.
[Taxicabs and Limousines, formerly codified at § 7-10,
was repealed 11-25-2020 by Ord. No. 1181-20]
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:
Shall mean the price for which a garment may be purchased
without custom garment fabrication service.
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.
Shall mean a business that sells custom fabricated garments
to the general public at retail.
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.
Shall mean adornments, including but not limited to: lettering,
designs, decals, appliqués, artwork or similar artistic or
commercial designs.
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.
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.
Shall mean any item of wearing apparel.
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:
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.
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:
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.
[Added 2-25-2015 by Ord. No. 1024-15]
Other than the exemption provided for herein, all merchandise
offered for sale on the Boardwalk shall be displayed within the building
line of the merchant's store and shall not be offered outside the
building line or on the exterior of the building. The exemption to
this requirement is as follows:
a.
During
the month of May, prior to Memorial Day, and during the month of September,
after Labor Day, merchandise may be displayed directly in front of
the merchant's store, within six feet of the building line and so
as not to impede pedestrian, bicycle or tram traffic, during the hours
of 8:00 a.m. and 4:00 p.m., Monday through Friday. This exemption
shall not apply on weekends.
[Amended 12-12-2018 by Ord. No. 1127-18; 11-27-2019 by Ord. No. 1154-19; 2-26-2020 by Ord. No. 1158-20; 4-22-2020 by Ord. No. 1165-20; 11-25-2020 by Ord. No. 1182-20; 3-9-2022 by Ord. No. 1226-22; 2-22-2023 by Ord. No. 1249-23]
[Added 11-25-2020 by Ord.
No. 1182-20; amended 3-9-2022 by Ord. No. 1226-22; 2-22-2023 by Ord. No. 1249-23]
Upon application to the Board of Commissioners and payment of
the appropriate fee, as specified herein, a special event permit may
be issued. All applications are due no fewer than ninety (90) days
from the date of the event in order to guarantee requested event date(s).
The City of Wildwood reserves the right to reject a permit application
if fees for a prior year’s event have not been paid in full.
The following fees shall be required to be paid for the respective
special event prior to approval of a special event permit application
and issuance of a special event permit:
[Added 11-25-2020 by Ord.
No. 1182-20; amended 3-9-2022 by Ord. No. 1226-22; 2-22-2023 by Ord. No. 1249-23]
a.
The following fees for vendor permits at special events shall be
made at least one weeks in advance of the special event:
1.
Vendor permit fee - 100 square feet or less: $50.
2.
Vendor permit fee - 200 square feet or less: $100.
3.
Vendor permit fee - 300 square feet or less: $200.
4.
Vendor permit fee - over 300 square feet: $300.
5.
Open flame permit fee (Fire Department).
(a)
Single event: $54.
(b)
Annual permit (five event permits)*: $270.
* For any vendor issued an annual open flame permit, the vendor
shall be obligated to pay the single event fee $54 for each event
beyond five events. The Fire Inspector shall inspect the set up at
the first event and perform spot checks as it deems necessary in its
sole and absolute discretion.
[Added 11-25-2020 by Ord.
No. 1182-20; amended 3-9-2022 by Ord. No. 1226-22; 2-22-2023 by Ord. No. 1249-23]
a.
The following
fees for special event production permits shall be paid within thirty
(30) days of the conclusion of the special event:
1.
Vehicle
Display on City Property Permit Fee: $1.50 per vehicle.
2.
Beach
RV Parking Permit Fee: $50 per overnight.
3.
Beach
Sleeping Tent Permit Fee*: $5 per event.
|
*Payment based upon final tent sales/attendance/beach vehicle
permit to be made within thirty (30) days of the conclusion of the
special event.
|
b.
Special Event Beach Vehicle Access Permits. Each Beach Special Event
permitted by The City of Wildwood includes 10 beach vehicle access
permits. Anything above and beyond is $25 per permit.
[Added 11-25-2020 by Ord.
No. 1182-20; amended 3-9-2022 by Ord. No. 1226-22; 2-22-2023 by Ord. No. 1249-23]
a.
The following fees for special event labor costs shall be paid within
30 business days of the conclusion of the special event:
1.
City public works supervisor fee: $75 per person per hour.
2.
City public works laborer fee: $50 per person per hour.
3.
City EMS personnel fee: $70 per person per hour.
4.
City EMS part time personnel fee: $55 per person per hour.
5.
City police officer off duty fee: $70 per person per hour.
6.
City police Class II, officer off duty fee: $55 per person per hour.
7.
City beach patrol personnel fee: $30 per person per hour.
b.
The City, in its sole and absolute discretion, shall determine the
required number of EMS and Police necessary for each special event
to be provided by the City.
[Added 11-25-2020 by Ord.
No. 1182-20; amended 3-9-2022 by Ord. No. 1226-22; 2-22-2023 by Ord. No. 1249-23]
a.
The following fees for the use of City property for special events
shall be paid within 30 days of the conclusion of the special event:
1.
Sporting event fee: $1.50 per registered participant*.
2.
Gated sporting event fee: $1.50 per registered participant and per
viewer*.
3.
Concert fee: $1.50 per ticket*.
4.
Race run fee/run fee/walk fee/bike fee: $1.50 per registered participant*.
5.
Use of city equipment for services: $50 per hour.
b.
The following fees for the use of City property for special events
shall be paid 14 days' prior to the special event:
1.
Beach non-ticketed event fee: $150 per day.
2.
City street closure fee: $150 per day.
3.
Fox park fee: $500 per day.
4.
Maxwell field fee: $750 per day.
5.
City stage rental fee: $150 per day.
6.
Dumpster fee: $50 per day.
7.
Generator fee: $50 per day.
|
* Payment for registered participants and viewer tickets then
sold shall be made within 30 days of the conclusion of the special
event with payment based upon final sales/attendance.
|
c.
All City equipment shall be returned in the same condition in which
they were received, reasonably wear and tear excepted. For any City
equipment returned which exhibits signs of damage beyond reasonable
wear and tear, Applicant shall be obligated to repair or place same.
[Added 11-25-2020 by Ord.
No. 1182-20; amended 3-9-2022 by Ord. No. 1226-22; 2-22-2023 by Ord. No. 1249-23]
a.
A Special Event Permit and all associated permits are required to
be obtained from the Recreation Department prior to holding an organized
activity on City property.
b.
It shall be a violation of this section for an organized activity
to be held on city property without the required permits having been
issued and without paying the associated fees.
c.
All special events held within the City must be held in accordance
with local, State and Federal law.
d.
Any special events held on private or leased property are not obligated
for the fees set forth herein. Provided, for any event held on private
or leased property, the owner of the land and/or the promotor of the
event shall be responsible for any and all costs incurred by the City
as a result of said event.
e.
The group, organization, and/or promoter for any special events shall
indemnify and hold harmless the City of Wildwood, its employees, agents,
and/or officers from all claims, losses, liens, expenses, suits and
attorney's fees arising out of the event and must complete indemnification
forms provided as part of the application.
f.
Employees of the Office of Code Enforcement of the City of Wildwood
and the Wildwood Police Department are authorized to issue summonses
for violation of this section.
g.
Violation of this section shall subject a violator to a fine of not
less than $100 and not more than $2,000, as permitted by law.
[Added 11-25-2020 by Ord.
No. 1182-20; amended 3-9-2022 by Ord. No. 1226-22; 2-22-2023 by Ord. No. 1249-23]
a.
Island based (which includes the City of Wildwood, North Wildwood,
and Wildwood Crest) education, religious, as well as veteran groups
shall be eligible for Civic Special Event Application Fees and shall
be exempt from Special Event Production Permit Fees, Special Event
City Personnel Labor Fees, and Special Event Use of City Property
and Equipment Fees as set forth herein.
b.
Island based civic organizations, as determined by the City in its
absolute and sole discretion, are eligible for Civic Special Event
Application Fees. However, all such organizations holding an event(s)
in the City shall be responsible for any costs incurred by the City,
which may include, but are not limited to cleanup costs, police and
fire personnel presence.
c.
The Board of Commissioners retains the ability by way of Resolution
to issue a waiver for any and all permit fees and City costs, in its
sole and absolute discretion for any island based charitable events.
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.
[Added 4-27-2022 by Ord.
No. 1232-22]
As used in this section, the following terms shall have the
meanings indicated:
Any motor vehicle fueled with clean-burning compressed natural
gas, with gasoline permitted only as a backup fuel source.
Shall mean an autobus for hire and shall include any motor
vehicle for hire engaged in carrying individual passengers, which
is operated over and upon the streets of the City. A jitney shall
be constructed and intended to accommodate 13 passengers on routes
established wholly within the limits of the City or 20 passengers
on routes established within not more than four contiguous municipalities,
including the City.
The City Clerk, or other individual designated to accept
applications for licenses and to issue licenses in accordance with
this article.
An individual, sole proprietorship, partnership, limited
partnership, corporation, or limited liability company.
Any street, avenue, land or public place in the City utilized
for vehicular jitney traffic.
Any motor vehicle that produces zero exhaust emissions of
all criteria pollutants under any and all possible operational modes
and conditions.
[Added 4-27-2022 by Ord.
No. 1232-22]
a.
The City determines that it is in the best interest of the City to
recognize a jitney association to serve and address needs and issues,
both present and future, that are of interest to both the City and
jitney licensees; to monitor jitney service; to identify transit routes
and stops; to improve safety for riders and drivers on the City roads
by identifying vehicles and drivers and to ensure compliance with
City ordinances and requirements; to coordinate and provide information
for users of the jitney services; to maintain ongoing communication
between the City and the association; and efficiently provide information
for users of the jitney services, which would lead to decreasing traffic
congestion throughout the City and facilitate public transportation
for City residents and tourists. With a localized association, the
jitney route system can be established and revised through ongoing,
collaborative planning to ensure widespread access and effective allocation
of resources rather than operating simply where there may be economic
opportunity.
b.
Upon enactment of this article, the Board of Commissioners shall
designate, by resolution in its discretion, an association of jitney
owners and operators as an approved association. Such designation
as an approved association shall be at the will of the Board of Commissioners
and remain until such time as the designation as an approved association
may be revoked at the discretion of the Board of Commissioners. Upon
the revocation of consent and designation of an approved association,
all licenses issued to members of that association shall be deemed
revoked simultaneously and shall be null and void. Nothing in this
article shall be interpreted as a prohibition on more than one association
of jitney owners and operators being designated as an approved association.
Any association of jitney owners and operators seeking designation
as an approved association shall file a written request, along with
a copy of its internal rules of operation and a listing of its members
in good standing, with the City Clerk, who shall transmit that request
to the Board of Commissioners and Chief of Police for review.
[Added 4-27-2022 by Ord.
No. 1232-22]
a.
License and consent required. No person shall operate a jitney within
the City of Wildwood, and no person who owns a jitney shall permit
it to be operated within the City of Wildwood, without obtaining consent
of the City as required by N.J.S.A. 48:16-24. Such consent shall be
evidenced by issuance from the City Licensing Clerk of a license pursuant
to this article.
b.
License term. The term of a jitney license shall be for one year,
from January 1 through December 31. A license issued after January
1 shall be valid for the balance of the calendar year in which it
is issued and the fee for that year shall not be prorated.
c.
Renewal. A renewal jitney license may be issued upon the applicant
completing and filing a renewal application and verifying by oath
or affirmation that there have been no changes in the information
contained in the issuance of the initial applications and that they
have continued to comply with all laws and regulations of the State
of New Jersey relating to the operation of jitneys and is not in violations
of any provisions of this article, or other ordinances of the City
of Wildwood. All applications for license renewal shall be made in
writing and filed with the City Licensing Clerk.
d.
Annual fee. A nonrefundable fee of $100 shall be imposed for the
initial license and an annual renewal fee of $100 shall be imposed
for each license thereafter.
e.
Nontransferable. It shall be unlawful for the holder of any license
issued under this section to transfer the license to any person.
[Added 4-27-2022 by Ord.
No. 1232-22]
a.
The Licensing Clerk may grant a license to any person who is a member
in good standing of an approved association and is the holder of a
valid jitney license issued by the City of North Wildwood, Borough
of Wildwood Crest, Borough of Stone Harbor, City of Avalon, or Sea
Isle City. Such City license shall only be issued, and shall be conditioned
upon the person supplying the Licensing Clerk with the following:
1.
A copy of the valid jitney license from a municipality listed in
section 73-13A above.
2.
A copy of a valid license certificate of insurance naming the City
of Wildwood as an insured as provided for this article in compliance
with N.J.S.A. 48:16-24.
3.
Proof of membership in an approved association by a municipality
listed section 73-13A above.
b.
Such consent shall be further conditioned upon the licensee executing
the power of attorney required by N.J.S.A. 48:16-24 and by payment
of the required annual license fee.
c.
Municipal consent and City license granted pursuant to this section
shall automatically expire or terminate at the same time the issuing
municipal license expires or terminates and shall be suspended or
revoked in the event the licensee's issuing municipal license
is suspended or revoked and such consent shall remain suspended or
revoked for so long as the licensee's municipal license is suspended
or revoked.
d.
Any licensee shall immediately notify the City Clerk and Chief of
Police in writing of any suspension, revocation or any other change
of status of an issuing municipality's license.
[Added 4-27-2022 by Ord.
No. 1232-22]
a.
Application Information. An application for a jitney owner-operator's
license shall be filed with the Licensing Clerk upon forms provided
by the City for that purpose. The application shall require disclosure
of the following information:
1.
The name, address, and date of birth of the applicant.
(a)
If the applicant is a corporation, its name, address of its
principal place of business and the name and address of its registered
agent must be supplied. In addition, a copy of the certificate of
incorporation shall be filed with the application.
(b)
If the applicant is a limited liability company, its name, addresses
of all members and address of the registered agent shall be submitted
in addition to a copy of the certificate of formation of the limited
liability company and a current operating agreement.
(c)
If the applicant is a partnership, the same information required
of an individual applicant shall be required for each of the partners.
2.
The type of motor vehicle, the name of the manufacturer, the New
Jersey vehicle registration number, vehicle insurance policy particulars,
and a valid New Jersey driver's license of the owner and operator
of the jitney.
3.
Proof that the vehicle shall meet all requirements to make it a CNG
or ZEV vehicle, as defined herein.
4.
Proof that the seating capacity of the vehicle, according to its
trade factory rating, is intended to accommodate 13 passengers, or
20 passengers if operating in more than one contiguous municipality
as permitted by N.J.S.A. 48:16-23.
5.
A complete description of the vehicle, both inside and out, including
whether the vehicle has been converted for jitney use and, if so,
the name and place of business of the individual doing the conversion.
6.
The previous experience of the applicant in the transportation of
passengers for hire, including the name of any other state or municipality
where the applicant has ever been licensed, or is currently licensed,
to operate a jitney and whether said license was ever suspended or
revoked or whether an application for the issuance or renewal of a
license was ever denied and the reasons for the denial, suspension
or revocation.
7.
Any other facts that the applicant believes would have any effect
on the decision to grant or deny the jitney license.
8.
Each person operating a jitney in the City shall submit a valid and
current commercial driver's license ("CDL"), with a Passenger
(P) endorsement, issued by the State of New Jersey Motor Vehicle Commission.
If the CDL license is scheduled to expire prior to the expiration
of the jitney license, the jitney license issued in accordance with
this provision will terminate upon the expiration of the CDL license
unless the holder of the CDL provides proof to the City that the CDL
license was renewed.
9.
A description of the insignia to be placed upon the jitney, as hereinafter
defined, the location of such insignia and an identification of all
other permanent markings that are to be affixed to the jitney designating
the same as a jitney. An applicant may aid in this requirement by
submitting with the application a color photograph of the vehicle
to be used as a jitney.
10.
Any other information which the Board of Commissioners or Licensing
Clerk may prescribe.
b.
Application to be verified by oath or affirmation. All applications
shall be verified by oath or affidavit before a notary public or some
other person fully authorized to administer oaths. Applications by
a partnership shall be verified by managing partner; applications
by a corporation shall be verified by the president or vice president;
and applications by a limited liability company shall be verified
by the managing member.
c.
Procedure. Once an application is complete, and the nonrefundable
application/license fee is paid, the Licensing Clerk shall transmit
the completed application to the Chief of Police for investigation.
[Added 4-27-2022 by Ord.
No. 1232-22]
a.
The Chief of Police or his or her designee shall be responsible for
the conduct of an investigation into each applicant for a jitney license
hereunder. Initial applicants for a jitney license shall submit to
a fingerprint background check by the investigating agency. For each
of the three years following the initial year that an applicant obtains
a jitney license from the City, the City will conduct a computer-based
background check of the applicant through the New Jersey State Police.
If the applicant is a corporation, limited liability company or partnership,
then the following individuals shall be subject to a background check:
1.
In the event that the applicant is a corporation, the background
investigation shall include all officers of the corporation and, if
practical, the shareholders.
2.
In the event that the applicant is a limited liability company, such
investigation shall include all officers of the limited liability
and, if practical, the members.
3.
In the event that the applicant is a partnership, such investigation
shall be required of each partner, whether full or limited partners.
b.
The investigation shall concern all matters stated in the application
and shall determine whether the applicant for such license has any
criminal record and if so the circumstances of such record including
the date, results of such investigation together with recommendations
by the Chief of Police as to whether such license should be granted
or denied supported by the reason(s) for such recommendation shall
be forwarded to the Licensing Clerk.
c.
As a condition of conducting the investigation referred to in this
article, each applicant, by submitting an application for a jitney
license, authorizes the Chief of Police and the City of Wildwood to
release the results of such investigation to the Licensing Clerk and
Board of Commissioners, City Administrator, City Clerk, Code Enforcement
Officer, and City Solicitor. No such investigation shall be undertaken
without such written authorization by the applicant.
d.
The Licensing Clerk shall act upon the owner-operator's license
application within 30 days of receipt of the investigation report
from the Chief of Police. If the Chief of Police recommends granting
the license and if the report discloses no reason which would justify
denying the license, and all other conditions and requirements of
this article have been satisfied, including the payment of all applicable
fees, the Licensing Clerk may proceed to issue the license.
[Added 4-27-2022 by Ord.
No. 1232-22]
If the recommendation of the Chief of Police is to deny the
license, or if the Licensing Clerk denies the license for any other
reason, or in the event of a revocation or suspension of an existing
license, the applicant may appeal the denial, revocation or suspension
of the license in writing to the Licensing Clerk. The applicant owner-operator
shall then be granted a hearing before Board of Commissioners. The
applicant shall receive notification of the date and time for such
hearing which shall be scheduled within 30 days from the denial date
or notice of revocation, and such hearing shall be commenced and concluded
within the immediately succeeding 30 days. The Board of Commissioners
may grant, deny, revoke or suspend such, in the exercise of its discretion.
[Added 4-27-2022 by Ord.
No. 1232-22]
a.
The holder of a license may be permitted to substitute a vehicle
in place of a duly licensed vehicle; provided, however, that written
notice of substitution of the vehicle shall have first been filed
with the Licensing Clerk and approval given by the Chief of Police
and Licensing Clerk, which written notice of substitution shall consist
of the following:
b.
If such substitution is approved for a vehicle, the City-issued identification
number shall then be identified with the vehicle.
[Added 4-27-2022 by Ord.
No. 1232-22]
The applicant's license and owner's shall at all times
be prominently displayed and adequately protected in the interior
of any jitney operated by the licensee so that the face thereof shall
be at all times in full view and plainly legible to any passengers
seated on the jitney. The license card shall at all times be and remain
the property of the City.
[Added 4-27-2022 by Ord.
No. 1232-22]
Each jitney operating in the City shall have permanently affixed,
at the cost of the jitney owner, a permanent insignia approved by
the City designating such vehicle as a jitney servicing the "Wildwoods"
which shall be approved by the City. The insignia shall be located
on the rear of the vehicle.
[Added 4-27-2022 by Ord.
No. 1232-22]
Fares to be charged by jitneys shall be fixed by resolution
of the Board of Commissioners. Such fares shall be agreed upon by
the jitney operators and the City and once agreed upon shall not be
changed in any way without the express consent of the City and approved
by resolution.
[Added 4-27-2022 by Ord.
No. 1232-22]
The routes and stops shall be established, by resolution of
the Board of Commissioners. Such routes and stops shall be agreed
upon by the jitney operators and the City and once agreed upon shall
not be changed in any way without the express consent of the City
and approved by resolution. Signage for jitney stops shall be provided
by the Jitney Association.
[Added 4-27-2022 by Ord.
No. 1232-22]
a.
Insurance. As a condition for the issuance of a license hereunder,
the applicant for a jitney license shall, in accordance with the provisions
of N.J.S.A. 48:16-24, file with the City Clerk a valid certificate
of liability insurance attesting that the person and/or owner-operator
is insured under a policy of comprehensive, general liability insurance.
The limits of said insurance shall be not less than $300,000 per occurrence,
or such greater amount as may be required by law, against loss from
the liability imposed by law upon the jitney owner for damages on
account of bodily injury or death suffered by any person as a result
of an accident occurring by reason of the ownership, maintenance,
or use of such jitney upon the public streets of the City, and such
consent shall continue effective and such operation be permitted only
so long as such insurance to the full and collectible amount shall
remain in force, during the entire term of the policy. Such insurance
policy shall provide for the payment of any final judgment recovered
by any person on account of the ownership, maintenance, and use of
such autobus or any fault in respect thereto and shall be for the
benefit of any person suffering loss, damage or injury as aforesaid.
The certificate of liability insurance, shall be submitted with the
license application and shall obligate the liability insurer to notify
the City Clerk and City Administrator if any change occurs in the
policy or if the policy is terminated or canceled for any reason.
b.
Power of Attorney. In accordance with the provisions of N.J.S.A.
48:16-24, each owner-operator shall execute and deliver to the City's
Chief Financial Officer concurrently with the filing of the policy
referred to above, a power of attorney wherein and whereby the said
owner-operator shall nominate, constitute and appoint the Chief Financial
Officer as the owner-operator's true and lawful attorney for
the purpose of acknowledging service of any process out of a court
of competent jurisdiction to be served against the insured by virtue
of the indemnity granted under the insurance policy filed.
[Added 4-27-2022 by Ord.
No. 1232-22]
a.
Any license issued hereunder may be revoked or suspended or any application
for renewal may be denied for cause. Cause shall be deemed to be any
reason set forth in the Code of the City of Wildwood for the suspension
or revocation of any licenses as well as for, but not limited to any
one or more of the following reasons:
1.
Failure to provide complete and truthful information on the application
for a jitney license or on any documentation or information required
to be provided as part of the license application process;
2.
The licensee's or operator's past criminal record is found
to be unsatisfactory.
3.
Suspension, revocation or expiration of the applicant's driving
privileges in the State of New Jersey or any other state;
4.
Failure to maintain liability insurance required by this article
or other applicable law or regulation;
5.
The licensee or operator fails to operate the jitney in accordance
with, or fails to comply with all of the provisions of this article,
or any other ordinances of the City of Wildwood, law, rule or regulation
of the State of New Jersey or federal government;
6.
Operating a jitney in a careless manner within the City;
7.
The licensee shall cease to operate any jitney for the period of
one year without first having obtained permission for cessation of
said operation from the Chief of Police or Licensing Clerk.
b.
Before taking any such action to revoke or suspend a license or deny
an application for renewal, the aggrieved party shall be notified
in writing of the reasons for the revocation, suspension or denial
of renewal entitled to a hearing before Board of Commissioners in
accordance with the provisions of this article. Notice of revocation
or suspension shall be provided by personal service or by certified
mail, return receipt requested, sent to the address in the licensee's
application or such other address as may be provided by the licensee.
c.
All licenses of members of an approved association shall be revokable
at will, without a hearing and without cause in the event of revocation
of the association as an approved association by the Board of Commissioners.
[Added 4-27-2022 by Ord.
No. 1232-22]
The following rules and regulations shall be applicable to all
licensees:
a.
Minimum license requirement. No license to own or operate any jitney
shall be granted to any person who is not a licensed driver in the
State of New Jersey, or any other state of the United States.
b.
Conviction for a crime. Where a licensee has been convicted of a
crime, disorderly persons, petty disorderly persons offense, or misdemeanor
offense, in any city, county, state or federal court, upon conviction,
the City Licensing Clerk may revoke the license of the jitney owner-operator
upon notice and hearing.
c.
Misconduct. The City shall take official cognizance of any and all
misconduct, deceit, fraud, subterfuge or actions of any jitney licensee
which are against the best interest of the public or the jitney industry
itself, regardless of whether or not such actions are specifically
covered in this article. It shall also be the direct responsibility
of all departments to bring such actions to the notice of the City
Administrator.
d.
The Mayor, City Administrator, Chief of Police and/or Emergency Management
Coordinator as appropriate, in the case of actual or impending natural
disaster, state of emergency or other emergency situation or public
necessity, shall have authority to temporarily suspend the operation
of all jitney service in the City. As a condition of operation within
the City, all permitted jitneys shall comply with such suspension
order and shall not be entitled to any compensation from the City
for such period of suspended operations.
e.
Unsanitary, inadequate, unclean, or unsafe jitneys will not be permitted
to operate.
f.
Jitney operators shall wear a uniform shirt and optional hat approved
by the City at the operator's expense.
g.
All marketing materials in all media forms shall be approved by the
City prior to release to the public.
h.
All accidents involving persons or property must be reported to the
Police Department as soon as possible after the occurrence.
i.
Jitney owner-operators must notify the Police Department when a change
of driver's license number or registration number occurs.
j.
If a jitney breaks down and is unable to continue, passengers must
be refunded their fares in full.
k.
It shall be unlawful for any jitney to stop for the purpose of receiving
or discharging passengers at any location other than an approved jitney
stop.
l.
No jitney shall carry more than 13 passengers operated in a single
municipality or 20 passengers if operated in more than one contiguous
municipality. Each passenger must be seated while the jitney is in
motion. Passengers must be treated with courtesy and respect; repeated
complaints against drivers will be grounds for disciplinary action,
including but not limited to revocation or suspension of a license.
For purposes of this section, children in arms shall not be considered
as persons.
m.
No jitney shall bypass any prospective customer when there is space
available on the jitney.
n.
Additional Rules and Regulations. The Board of Commissioners may
also establish by resolution such additional rules and regulations
as it may be deem necessary to further the purposes of this article.
[Added 4-27-2022 by Ord.
No. 1232-22]
The enforcement official shall mean and include the City Administrator,
City Clerk, Code Enforcement Officer, Chief of Police or any member
of the Wildwood Police Department, or any other person who may be
authorized by resolution of the Board of Commissioners.
[Added 4-27-2022 by Ord.
No. 1232-22]
In addition to any other penalty provided by law, any person
violating this article or any part thereof shall be subject to fines
and penalties in accordance with N.J.S.A. 40:49-1 et seq. Any repetition
of any violation of this article shall be deemed a new offense.
