[1972 Code § 7-1.1; Ord. No. 32-89]
The purpose of this section is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses
issued by the Borough, except alcoholic beverage licenses, and dog
licenses, and except as may be specified or otherwise provided elsewhere
in this Chapter.
[1972 Code § 7-1.2; Ord. No. 32-89]
All applications for licenses shall be accompanied by the required
nonrefundable fee and shall be made to or through the Borough Clerk
upon forms provided by him. Applications shall contain the information
specified by resolution of the Borough Council and may include the
following along with any other information deemed necessary or specifically
called for by ordinance.
a.
Name and permanent and local address of the applicant. If the applicant
is a corporation, the name and address of its registered agent. If
the applicant is a partnership, the name of each partner, and the
trade name, if any. If a trade name, the date and place of filing
of the trade name with the County Clerk's office.
b.
If the licensed activity is to be carried on at a fixed location,
the address and description of the premises.
c.
If a vehicle is to be used, its description including the license
number.
d.
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship.
e.
The days of the week and the hours of the day during which the licensed
activity shall be conducted.
f.
A description of the nature of the business and the goods, property
or services to be sold or supplied.
g.
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.
h.
Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate his
character and responsibility.
Applications by partnerships shall be signed by all partners
with the information required by this subsection supplied in detail
as to each partner, and applications of corporations shall have attached
individual statements containing all of the information required by
this subsection relating to each employee or agent who shall engage
in the licensed activity, and shall be signed by each employee or
agent.
[1972 Code § 7-1.3]
Each application shall be referred to the Chief of Police or
a police officer designated by him, who shall immediately institute
whatever investigation of the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity
he considers necessary for the protection of the public. He shall
communicate his findings in writing to the Borough Clerk within a
reasonable time after the application has been filed. If the investigator
decides that the applicant's character, ability or business responsibility
is unsatisfactory, or the products, services or activity are not free
from fraud, he shall disapprove the application and the Clerk shall
refuse to issue the license and so notify the applicant. Otherwise,
the Borough Clerk shall issue the license immediately, provided the
required license fees have been paid, except in cases where approval
of the Mayor and Council is required. In the event of the refusal
of the issuance of a license, the applicant may appeal to the Council
for a hearing. The appeal shall be filed in writing with the Borough
Clerk within 14 days after notification of the refusal. The Council
shall hold its hearing within 10 days thereafter, and its decision
shall be final.
[1972 Code § 7-1.4]
Licenses shall be in a form which the Council prescribes by
resolution, and shall contain the following information:
a.
The name and address of the licensee.
b.
The number and type of the license and the nature of the licensed
activity.
c.
The address at which the licensed activity is conducted, if the activity
is carried on at a fixed location.
d.
If the licensed activity is conducted from a vehicle, the make, model
and license number of the vehicle.
e.
The expiration date of the license.
f.
Any other appropriate information which the Mayor and Council may
require by resolution.
[1972 Code § 7-1.5]
The Borough Clerk shall keep a record of all licenses issued under this Chapter. The record shall be in a form prescribed by resolution of the Council and shall contain the same information as is required by subsection 5-1.4 to be contained in the license. It shall also indicate the amount of the fee paid for the license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal, and any other information which the Council may require by resolution.
[1972 Code § 7-1.6]
When the licensed activity is conducted at a fixed location,
or from a vehicle, the license shall be prominently displayed at the
location or on the vehicle. In all other cases the licensee shall
have the license in his possession at all times and shall display
it upon the request of any police officer or any person with whom
he is doing business.
[1972 Code § 7-1.7]
Except as otherwise provided, a license shall apply only to
the person to whom it was issued and shall not be transferable to
another person. Licenses may be transferred from place to place, in
cases where the licensed activity is conducted at a fixed location,
but only with the approval of the Council by resolution. The fee for
the transfer of a license from place to place shall be $5.
[1972 Code § 7-1.8]
a.
Except where expressly provided otherwise, all licenses shall expire
on December 31 of the year of issue at 12:00 midnight. Applications
for the renewal of licenses shall be made not later than December
1 of the year of issue.
b.
When an application for a license is made during the course of any
calendar year, the fee shall be prorated to the nearest month. Any
period of time greater than 1/2 a month shall be considered as a full
month for this purpose.
[1972 Code § 7-1.9]
Any license or permit issued by the Borough may be revoked by
the Council after notice and a hearing for any of the following causes.
a.
Fraud or misrepresentation in any application for a permit or license.
b.
Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity.
c.
A violation of any provision of this Revision.
d.
Conviction of the licensee for any felony or high misdemeanor or
a misdemeanor or disorderly person's offense involving moral turpitude.
e.
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 general welfare.
f.
Whenever a license has been issued immediately upon an application,
pending the results of the investigation provided for by this Chapter,
such license may be summarily revoked if the result of the investigation
is such as would have resulted in denial of the application.
[1972 Code § 7-1.10]
Notice of a hearing for the revocation of a license or permit
shall be given in writing by the Borough Clerk. The notice shall specifically
set forth the grounds upon which the proposed revocation is based
and the time and place of the hearing. It shall be served by mailing
a copy to the licensee at his last known address by certified mail,
return receipt requested, at least five days prior to the date set
for the hearing.
[1972 Code § 7-1.11]
At the hearing the licensee shall have the right to appear and
be heard, to be represented by an attorney, to present witnesses in
his own behalf, to cross-examine opposing witnesses and to have a
permanent record made of the proceedings at his own expense. The Council
shall revoke or suspend the license if it is satisfied by a preponderance
of the evidence that the licensee is guilty of the acts charged.
[1972 Code § 7-1.12]
The Council may issue another license to a person whose license
has been revoked or denied as provided in this section if after hearing
it is 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 to
carry on the same activity.
[1972 Code § 7-1.13]
The Council may by resolution make rules and regulations which
interpret or amplify any provision of this Chapter or for the purpose
of administering the provisions of this Chapter or making them more
effective. No regulation shall be inconsistent with or alter or amend
any provision of this Chapter and no regulation shall impose any requirement
which is in addition to or greater than the requirements that are
expressly or by implication imposed by any provision of this Chapter.
[Ord. No. 472; 1972 Code
§ 7-5.1; Ord. No. 23-98]
As used in this section:
A sale held out in such manner as to reasonably cause the
public to believe that the sale will offer goods damaged or altered
by fire, smoke, water or other means.
A sale held out in such manner as to reasonably cause the
public to believe that upon the disposal of the stock or goods on
hand, the business will cease and be discontinued, including but not
limited to the following sales: Adjuster's, adjustment, alteration,
assignee's, bankrupt, benefit of administrator's, benefit of creditor's,
benefit of trustees, building coming down, closing, creditor's committee,
creditor's, end, executor's, final days, forced out, forced out of
business, insolvents, last days, lease expires, liquidation, loss
of lease, mortgage sale, receivers, trustees, quitting business.
Includes any goods, wares, merchandise or other property
capable of being the object of a sale regulated hereunder.
A sale held out in such a manner as to reasonably cause the
public to believe that the person conducting the sale will cease and
discontinue business at the place of sale upon disposal of the stock
of the goods on hand and will then move to and resume business at
a new location or will then continue business from other existing
locations.
The sale of goods of a seasonal nature or in association
with a particular holiday, including, but not limited to, Christmas
trees, wreaths and flowers, for which the sale of such goods is temporary
and ceases on or after the event, holiday or season for which the
goods are sold and for which the location of the sale is utilized
on a temporary basis and is done so on property that is rented, leased
and/or utilized by a person other than the property owner and for
the sole purpose of such seasonal sales.
[Ord. No. 472; 1972 Code
§ 7-5.2; Ord. No. 23-98]
No person shall conduct any sale under this section within the
Borough without obtaining a license therefor in accordance with the
provisions of this Chapter. A license obtained for sale of seasonal
goods as defined in this section shall not be in lieu of or substitute
for any zoning permits that may be required for the use associated
with such a sale on property within the Borough of Keyport.
[Ord. No. 472; 1972 Code
§ 7-5.3; Ord. No. 23-98]
a.
Established business requisite. Any person who has not been the owner
of a business advertised or described in the application for a license
hereunder for a period of at least six months prior to the date of
the proposed sale, shall not be granted a license, provided that upon
the death of a person doing business in the Borough, his heirs, devises,
legatees or representatives shall have the right to apply at any time
for a license hereunder. This paragraph is not applicable to seasonal
sales of goods.
b.
Interval between sales. Any person who has held a sale, as regulated
hereunder, at the location stated in the application, within one year
past from the date of such application shall not be granted a license.
This paragraph is not applicable to seasonal sales of goods.
c.
Restricted location. Where a person applying for a license hereunder
operates more than one place of business, the license shall apply
only to the one store or branch specified in the application, and
no other store or branch shall advertise or represent that it is cooperating
with it, or in any way participating in the licensed sale, nor shall
the store or branch conducting the licensed sale advertise or represent
that any other store or branch is cooperating with it or participating
in any way in the licensed sale.
d.
Persons exempted. The provisions of this section shall not apply
to or affect persons acting pursuant to an order or process of a court
of competent jurisdiction, persons acting in accordance with their
powers and duties as public officials, duly licensed auctioneers,
selling at auction, any publisher of a newspaper, magazine or other
publication who in good faith publishes any advertisement without
actual knowledge of its false, deceptive or misleading character,
or without actual knowledge that the provisions of this section have
not been complied with.
e.
Deposit required. Any person who obtains a license for the seasonal
sale of goods shall be required to place a deposit in the amount of
$250 with the Borough Clerk at the time such license is received.
The deposit will be returned to the licensee upon notification to
the Borough Clerk of the termination of the temporary sale of seasonal
goods and upon an inspection and determination of the temporary location
of such sale by the Zoning Officer or the Code Enforcement Officer
that said location is in good order. Such a determination will be
rendered within 10 days of notification of the termination of sale.
[Ord. No. 472; 1972 Code
§ 7-5.4]
In addition to the requirements of subsection 5-1.2, the following information shall be provided by the applicant:
a.
The true name and address of the owner of the goods to be sold.
b.
A description of the place where such sale is to be held.
c.
The nature of the occupancy, whether by lease or sublease and the
effective date of termination of such occupancy.
d.
The dates of the period of time in which the sale is to be conducted.
e.
A full and complete statement of the facts in regard to the sale,
including the reason for the urgent and expeditious disposal of goods
thereby and the manner in which the sale will be conducted.
f.
The means to be employed in advertising such sale together with the
proposed content of any advertisement.
g.
A complete and detailed inventory of the goods to be sold at such
sale as disclosed by applicant's records. The inventory shall contain
a clear description of each item to be sold with the brand name, if
any, total number of each item to be sold and the date each item was
purchased with invoice numbers for each item, the name of the person
from whom purchased, and if not purchased, the manner of such acquisition.
The inventory shall be attached to and become a part of the application;
and shall be signed by the person applying for the license, or by
an authorized agent, and by affidavit at the foot thereof he or such
agent shall swear or affirm that the information therein given is
full, complete and true, and known by such affiant to be full, complete
and true. No goods other than that listed in the inventory herein
provided for shall be advertised or sold at any sale for which a license
is hereby required, and it shall be unlawful for any person to sell,
offer, or expose for sale, or advertise for such sale, or to list
on such inventory, any goods which are not the regular stock on hand
at the store, the goods of which are to be closed out or disposed
of through such sale, or to supplement, or to make any replenishments
or additions from any manufacturing, jobber, wholesaler, warehouse,
storage building or from any other premises, or from any source whatsoever
and during the time thereof to advertise or represent the sale as
being of the character for which a license is hereby required. All
goods included in such inventory shall have been purchased by the
applicant for resale on bona fide orders without cancellation privileges
and shall not comprise goods purchased on consignment. Such inventory
shall not include goods ordered in contemplation of or for the purpose
of conducting any sale regulated hereunder. Any unusual purchase or
additions to the stock of goods of the applicant made within 60 days
before the filing of an application hereunder shall be deemed to be
of such character.
[Ord. No. 472; 1972 Code
§ 7-5.5; Ord. No. 4-90]
There shall be a fee of $50 for a license hereunder; and a fee
of $30 for a renewal thereof.
[Ord. No. 472; 1972 Code
§ 7-5.6]
a.
License period and renewal procedure. The license shall authorize
the sale described in the application for a period of not more than
30 consecutive days, Sundays and legal holidays excepted, following
the issuance thereof. The Clerk shall renew a license for one period
of time only, such period to be in addition to the 30 days permitted
in the original license and not to exceed 30 consecutive days, Sundays
and holidays excepted, when the Clerk finds that facts exist justifying
the license renewal; that the licensee has filed a written application
for renewal, that the licensee has submitted with the application
for renewal a revised inventory showing the items listed on the original
inventory remaining unsold and not listing any goods not included
in the original application and inventory. For the purposes of this
subsection, any application for a license under the provisions of
this section covering goods previously inventoried as required hereunder,
shall be deemed to be an application for renewal, whether presented
by the original applicant or by any other person.
b.
Nature of sale. The license shall authorize only one type of sale
described in the application at the location named therein.
c.
Saleable goods. The license shall authorize only the sale of goods
described in the inventory attached to the application.
d.
Surrender of general license. Upon being issued a license hereunder
for a going-out-of-business sale the licensee shall surrender to the
Clerk all other business licenses he may hold at that time applicable
to the location and goods covered by the application for a license
under this section.
e.
Inspection. The Borough Clerk or any person designated by him may
in his discretion verify the details of any inventory filed for the
purpose of determining the correctness of the same, before issuing
a going-out-of-business-sale license or he may check and verify the
items of merchandise sold during the sale, and it shall be unlawful
for any person to whom such license has been issued to fail or refuse
to give the Borough Clerk or any person designated by him for that
purpose, all the facts connected with the stock on hand or the proper
information respecting goods sold, or any other information that he
may require in order to make a thorough investigation of all phases
connected with the sale.
[Ord. No. 472; 1972 Code
§ 7-5.7]
A licensee hereunder shall:
a.
Adhere to inventory. Make no additions whatsoever during the period
of the licensed sale to the stock of goods set forth in the inventory
attached to the application for license.
b.
Advertise properly. Refrain from employing any untrue, deceptive
or misleading advertising, and in any advertisement by handbills,
circulars, placards, signs, notices, newspapers or publication or
other advertising, include therein the number and date of the license
issued by the Clerk.
c.
Adhere to advertising. Conduct the licensed sale in strict conformity
with any advertising or holding out incident thereto.
d.
Keep duplicate inventory. Keep available at the place of sale a duplicate
of the inventory submitted with the application and present the same
to inspecting officials upon request.
e.
Segregate non-inventoried goods. Keep any other goods separate and
apart from the goods for sale and make such distinction clear to the
public.
f.
Cease business at conclusion of sale. The licensee of a going-out-of-business
sale shall not continue the business beyond the date specified for
such sale and shall not upon conclusion of such sale continue the
business under the same name or under a different name in the same
location or elsewhere in the Borough.
[Amended 10-6-2015 by Ord. No. 14-15[1]]
a.
The purpose and intent of this section is to assist law enforcement
officials and victims of crime in recovering stolen precious metals
and other secondhand goods by requiring minimum identification, reporting,
maintenance and distribution criteria for dealers licensed to buy
and pawn these goods within the Borough of Keyport.
b.
No person shall use, exercise, or carry on the business, trade, or
occupation of the buying or pawning of precious metals or other secondhand
goods without complying with the requirements of this section in the
exact manner described herein.
[1]
Editor's Note: This ordinance superseded Ord. No. 15-86, which
comprised former § 5-3, Keeping of Records Concerning the
Purchase of Precious Metals, Gems or Coins.
[Amended 10-6-2015 by Ord. No. 14-15]
As used in this section, the following terms shall have the
meanings indicated:
A current valid New Jersey driver's license or identification
card, a current valid photo driver's license issued by another U.S.
state, a valid United States passport, or other verifiable U.S. government-issued
identification, which will be recorded on the receipt retained by
the dealer and subsequently forwarded to the Keyport Police Department
upon request.
The Chief of Police of the Keyport Police Department or his/her
duly authorized designee.
Any person, partnership, limited liability company, corporation,
or other entity who, either wholly or in part, engages the buying
or pawning, within the Borough of Keyport, of precious metals, jewelry,
or other secondhand goods from members of the public, including pawnbrokers
as defined herein.
A business that buys or pawns precious metals, jewelry, or
other secondhand goods from members of the public on an intermittent
basis or at varying locations.
Any person, partnership, association or corporation lending
money on deposit or pledge of personal property, other than in action,
securities or printed evidences of indebtedness, purchasing personal
property on condition of selling it back at a stipulated price; or
doing business as furniture storage warehousemen and lending money
on goods, wares or merchandise pledged or deposited as collateral
security.
Gold, silver, platinum, palladium, and their alloys as defined
in N.J.S.A. 51:5-1 et seq. and 51:6-1 et seq.
Private individuals, exclusive of retailers, wholesalers,
and other merchants.
Any transaction conducted between a dealer and a member of
the public in which precious metals, jewelry, or any other secondhand
goods are purchased by or pawned to the dealer. This term shall not
include wholesale transactions or transactions between merchants.
Used goods such as antiques, gold, silver, platinum, or other
precious metals, jewelry, coins, gemstones, gift cards, any tools,
telephones, typewriters, word processors, GPS devices, computers,
computer hardware and software, television sets, radios, record or
stereo sets, electronic devices, musical instruments, sporting goods,
automotive equipment, collectibles, game cartridges, DVDs, CDs, and
other electronically recorded material, firearms, cameras and camera
equipment, video equipment, furniture, clothing, or any other valuable
articles. For the purposes of this section, secondhand goods shall
not include goods transacted in the following manner: i) judicial
sales or sales by executors or administrators; ii) occasional or auction
sales of household goods sold from private homes; iii) auctions of
real estate; iv) the occasional sale, purchase, or exchange of coins
or stamps by a person at his permanent residence or in any municipally
owned building who is engaged in the hobby of collecting coins or
stamps and who does not solicit the sale, purchase, or exchange of
such coins or stamps to or from the general public by billboard, sign,
handbill, newspaper, magazine, radio, television, or other form of
printed or electronic advertising, goods sold at a private residence
at a garage sale.
A member of the public who sells or pawns used goods such
as precious metals, jewelry, or any other secondhand goods to a dealer.
One who maintains or intends to maintain its business of
buying or pawning, within the Borough of Keyport, precious metals,
jewelry, or other secondhand goods from members of the public, for
a period of less than six months.
[Amended 10-6-2015 by Ord. No. 14-15]
a.
License requirement. No dealer shall engage in the business of buying
or pawning of precious metals or other secondhand goods within the
jurisdiction of the Borough of Keyport without having first obtained
a license therefor from the Keyport Police Department, which license
shall bear a number issued by the Keyport Police Department.
b.
License application. The application for a license to the Keyport
Police Department shall set forth the name, date of birth, and address
of the dealer, whether or not he or she is a citizen of the United
States, and whether or not he or she has ever been convicted of any
crime(s), disorderly persons offense(s), or municipal ordinance violation
(s), and the date(s) thereof.
c.
Advertisements. Advertising in any print or electronic media or by sign that any precious metals, jewelry or secondhand goods are being bought in any location within the municipality shall constitute engaging in business as a dealer of secondhand goods for purposes of this section. No dealer shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight-point in the lower right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this section and shall be subject to the penalties established in § 5-3.9 below.
d.
Location. Licensees may not operate at any location other than sites
specified in the license. Licensees operating at multiple locations
must have each location separately licensed. Each location must be
permanent. However, a dealer shall have the right to change the location
of the licensed business, provided that he or she notifies the Chief
of Police, in writing, of the street address of said new location.
e.
Itinerant businesses and transient buyers. Except as specified in
this section, itinerant businesses and transient buyers are not eligible
for licensure and are prohibited from operating in the Borough, unless
participating in an event, such as a flea market, that is Borough-sponsored
or authorized to be conducted on Borough property or elsewhere within
the Borough shall not require a license and shall be permitted to
sell, but not buy or pawn, precious metals, jewelry or secondhand
goods during such event.
[Amended 10-6-2015 by Ord. No. 14-15]
a.
Investigation. Upon receipt of an application completed pursuant
to this section, the Keyport Police Department shall refer such application
to the Chief of Police, who shall make an investigation of the prospective
licensee, pursuant to this section for the purpose of determining
the suitability of the applicant for licensing. The investigation
shall include, but shall not be limited to, the following:
1.
The experience of the applicant in the business of purchase and/or
pawning of precious metals or secondhand goods, although nothing in
this section shall be construed to warrant denial of a license solely
on the basis of lack of experience.
2.
The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources, which sources shall be
disclosed to the applicant in the event of a denial of any license.
3.
Any criminal record of the applicant, including any past convictions
for any crime(s), disorderly persons offense(s), or municipal ordinance
violation(s) within this or any other jurisdiction. The Chief of Police
shall, as part of the initial application process and annual renewals,
require fingerprint criminal background checks through the Federal
Bureau of Investigation, Criminal Justice Information Services Division,
for the applicant and all owners and employees, which may require
payment of additional fees by the applicant.
4.
The type of operation contemplated to be conducted by the applicant,
particularly whether the business is to be operated from a fixed location,
whether it is to be conducted from a location primarily devoted to
the purchase and sale of precious metal or other secondhand goods,
and other factors bearing on whether the licensed business will be
of a fixed and permanent nature.
b.
Time for Investigation. The Chief of Police shall complete any investigation
pursuant to this section within 30 days of the submission of the application
to the Keyport Police Department, fully completed by the applicant.
If a criminal record check has been requested within the thirty-day
period and has not been received by the Chief of Police within that
period, the Chief of Police may, if all other factors are satisfactory,
recommend a conditional issuance of the license subject to the finding
regarding criminal record.
c.
Recommendation by Chief. The Chief of Police shall, upon completion
of the investigation, recommend "grant" or "denial" of the license.
Any recommendation of the Chief of Police shall be in writing and,
in the case of a recommendation of denial, shall state fully and specifically
the reasons for said recommendation. If the recommendation of the
Chief of Police is to deny any license, the applicant shall be notified,
in writing, within 10 days of such denial and shall forward to the
applicant a statement of the reason or reasons for such denial.
d.
Grounds for denial. Grounds for recommending denial of license may
include reliable information indicating that the applicant has, in
the past, engaged in fraudulent or deceptive business practices in
a business identical to or similar to a dealer in secondhand goods.
A license may be denied if the investigation reveals a conviction
of the applicant or any of its principal officers or employees of
any crime(s), disorderly persons offense(s) in which deceit or misrepresentation
is an element; or any conviction of any crime(s), disorderly persons
offense involving theft or the receiving of stolen goods, regardless
of whether the applicant was a principal, accessory before the fact,
after the fact, or a co-conspirator; or any prior municipal ordinance
violation(s) by the applicant or any of its principal officers or
employees in this or any other jurisdiction. A license may be denied
if the applicant fails to demonstrate an ability to satisfactorily
comply with the electronic reporting requirements specified in this
section, the retention and inspection requirements of this section,
or any other portion of this section. Upon receipt of the recommendation
of the Chief of Police, the Keyport Police Department shall issue
or deny the license accordingly.
e.
Hearing. Whenever any application for a permit is denied, the applicant
shall be entitled to a hearing before the Borough Administrator or
another official designated by the Borough Administrator, at which
time the applicant shall be permitted to introduce such evidence as
may be deemed relevant to such denial. Any applicant exercising the
right to appeal must file a written notice of appeal within 10 days
of receiving written notice of denial of a license.
f.
No assignment. No license shall be assignable by the dealer.
[Amended 10-6-2015 by Ord. No. 14-15]
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
a.
Identification. Require of each person selling or pawning precious
metals, jewelry or other secondhand goods acceptable identification.
b.
Declaration of ownership. Require each seller to execute a "declaration
of ownership" which shall contain the following certification: "My
signature confirms that I am the sole legal owner of and legally authorized
to sell the goods being sold. By signing below, I certify that I did
not obtain and do not possess the identified goods through unlawful
means. I am the full age of 18 years and the identification presented
is valid and correct."
c.
Receipts. Record and issue to each person selling or pawning precious
metals, jewelry or other secondhand goods on a sequentially numbered
receipt:
1.
The name, address, and telephone number of the purchaser, including
the clerk or employee of the licensee making the purchase;
2.
The name, address, date of birth, and telephone number of the seller
or sellers;
3.
A photographed recording of the seller in a format acceptable to
the Chief of Police, along with a physical description of the seller,
including height and weight (approximate), hair color, eye color,
facial hair, if any, etc.;
4.
A photographed recording of the seller's presented acceptable identification
in a format acceptable by the Chief of Police;
5.
A photographed recording of all items sold in a format acceptable
by the Chief of Police. When photographing, all items must be positioned
in a manner that makes them readily and easily identifiable. Items
should not be grouped together when photographing or imaging. Each
item should have its own photograph;
6.
The receipt number, which shall be also listed on the subject article;
7.
A detailed, legible description of the item(s) and the manufacturer
and model of the item(s) if known; in the case of jewelry, the descriptions
must include style, length, color, design, and stones, if any; any
identifying marks, including numbers, dates, sizes, shapes, initials,
names, monograms, social security numbers engraved thereon, serial
numbers; series numbers, or any other information, which sets apart
the particular object from others of like kind;
8.
The price paid for the purchase or pawn of the item(s);
9.
If precious metals, the net weight in terms of pounds Troy, pennyweight
(Troy) or kilograms/grams; fineness in terms of karats for gold, and
sterling or coin for silver, in accordance with N.J.S.A. 51:5-1 et
seq. and 51:6-1 et seq.;
10.
The time and date of the transaction.
d.
Electronic database. The information outlined in Subsection 5-3.5c above must additionally be electronically documented through the use of an electronic database system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this section and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized police officer or any sworn law enforcement officer acting in the performance of his or her duty as set forth in Subsection 5-3.5f below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase or receipt of property for pawn or consignment. The information entered must contain all pertinent information outlined in Subsection 5-3.5c above.
e.
Backup paper records. In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in Subsection 5-3.5c above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and subsequently being subject to the penalties set forth in § 5-3.9 below.
f.
Police access. It shall be the duty of every dealer, and of every
person in the dealer's employ, to admit to the premises during business
hours any member of the Keyport Police Department to examine any database,
book, ledger, or any other record on the premises relating to the
reportable transactions of precious metals or other secondhand goods,
as well as the articles purchased or received and, where necessary,
relinquish custody of precious metals, jewelry or secondhand goods.
[Amended 10-6-2015 by Ord. No. 14-15]
a.
Generally. All precious metals, jewelry and other secondhand goods
purchased, received for pawn, or received for consignment as described
above, are to be made available for inspection by the Chief of Police
or designee thereof at the designated business address for a period
of at least 15 calendar days from the date the transaction information
is actually reported to the Chief of Police. All precious metals,
jewelry or other secondhand goods subject to inspection must remain
in the same condition as when purchased or received for pawn and shall
not be sold, disposed of, changed, modified, or melted by the dealer
until the fifteen-day retention period has expired.
b.
Dealer protection. Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory declaration of ownership required by Subsection 5-3.5b upon the sale of those goods, a law enforcement officer with jurisdiction may charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c.
Paper records. In addition to all other reporting requirements, every dealer shall maintain, for at least five years, a paper record of all purchases of precious metals, jewelry and other secondhand goods in the form prescribed by Subsection 5-3.5 above.
d.
Purchase from minors. No dealer shall purchase any item covered by
this section from any person under the age of 18 or in the absence
of providing prior notification of such purchase to the Chief of Police
or business designee identifying the individual from whom such purchase
is to be made and the item to be purchased.
e.
Suspensions and revocations. The Chief of Police is hereby empowered to suspend or to revoke any dealer's license and rights to operate thereunder for the grounds stated below. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to Subsection 5-3.9 below.
1.
Grounds for suspension. The following shall constitute grounds for
suspension: violation of any provisions of this section, including
failure to comply with any training or fees associated with the electronic
database software system utilized by the Borough; violation of any
other statute, regulation or local ordinance; or any other illegal,
improper or fraudulent activity.
2.
Grounds for revocation. The following shall constitute grounds for
revocation: a third violation under this section; a second violation
under this section less than one year after an earlier violation under
this section; conviction for a criminal offense within this or any
jurisdiction; or multiple violations of any other regulations or local
ordinances within this or any jurisdiction.
3.
Procedure. Upon determination that appropriate grounds exist and
that a suspension or revocation is warranted, the Chief of Police
shall issue a written notice of suspension or revocation of license
to the offending dealer, with copies to the Borough Administrator
and the Borough Clerk, which shall set forth the grounds for the suspension
or revocation, and notify the dealer that, unless a timely appeal
is filed with the Borough, it is to immediately cease engaging in
the business of purchasing for resale, receiving for pawn and/or selling
precious metals, jewelry and/or other secondhand goods in the Borough.
The notice shall advise the dealer of the right to appeal within 10
days of receiving the notice. If the dealer appeals this determination,
the suspension or revocation shall not go into effect until the appeal
has been adjudicated.
4.
Reinstatement of suspended license. Suspended licenses may be reinstated
only when the grounds leading to the suspension have, in the determination
of the Borough Administrator, upon the advice of the Chief of Police,
been cured, corrected, or appropriately rectified.
f.
Appeal. Any applicant wishing to appeal a suspension or revocation
shall be entitled to a hearing before the Borough Administrator. Any
applicant exercising the right to appeal must file a written notice
of appeal with the Borough Clerk within 10 days of receiving written
notice of revocation or suspension of license. The Borough Administrator
shall review the stated grounds for the suspension or revocation and
shall issue an appropriate disposition of suspension, revocation,
or reinstatement. If it is determined that revocation is the appropriate
disposition, the dealer must relinquish his or her license and must
immediately and indefinitely cease operating as a dealer of precious
metals, jewelry or other secondhand goods within the municipality.
[Amended 10-6-2015 by Ord. No. 14-15]
a.
A nonrefundable fee for initial application and license for a dealer is $200. The annual renewal fee for a license is $150. These fees are separate from and in addition to any fees incurred by the Borough in accordance with Subsection 5-3.4a3 above. Payments are to be made in the manner directed by the Municipal Clerk.
b.
Licenses issued pursuant to this section are valid for one year,
from January 1 through December 31. Initial applications and applications
for renewal must be submitted no later than October 1.
[Amended 10-6-2015 by Ord. No. 14-15]
a.
Violation of any provision of this section by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in Subsection 5-3.6 above.
b.
Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in Subsection 5-3.6 above. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section.
[Amended 10-6-2015 by Ord. No. 14-15]
a.
All dealers shall be licensed as of October 1, 2015.
b.
Nothing contained in this section is intended to replace any preexisting
statutory requirements governing pawnbrokers, as in N.J.S.A. 45:22-1
et seq., the sale of precious metals as in N.J.S.A. 51:6A-1 et seq.,
the sale of secondhand jewelry as in N.J.S.A. 2C:21-36 et seq., or
any other statutory provision regarding any subject matter discussed
herein.
[Ord. No. 528; 1972 Code
§ 7-2.1; Ord. No. 26-94]
As used in this section:
Shall be defined in the category of peddler, hawker, vendor,
solicitor or canvasser, as set forth below.
Includes any person, whether a resident of the Borough of
Keyport or not, who sells or offers to sell to the public from or
by the use of a motor vehicle, car, truck, wagon or motorized vehicle,
any food or food-related products, including but not limited to, ice
cream, yogurt, hot dogs, hamburgers, french fries, drinks, and any
other such products from a moveable non-fixed location on the street
or public places within the municipality.
Includes any person, whether a resident of the Borough or
not, traveling either by foot, vehicle or any other type of conveyance,
who goes from house to house, from place to place, or from street
to street, conveying or transporting goods, wares or merchandise,
and offering or exposing the same for sale, or making sales and delivering
articles to purchasers, or who engages in any of the foregoing activities
from a stationary location on the street or other public place.
Includes any person, whether a resident of the Borough or
not, who goes from house to house, from place to place or from street
to street, soliciting or taking or attempting to take orders for the
sale of services, goods, wares, or merchandise, or personal property
of any nature whatsoever for future delivery or for services to be
performed in the future, whether or not such individual has, carries,
or exposes for sale a sample of the subject for such order, and whether
or not he is collecting advance payments on such orders, or who engages
in any of the foregoing activities from a stationary location on the
street or other public place.
[Ord. No. 528; 1972 Code
§ 7-2.2; Ord. No. 26-94]
It shall be unlawful for any peddler, hawker, vendor, canvasser
or solicitor to engage in such activity within the Borough without
first obtaining a license therefor in accordance with the provisions
of this Chapter.
a.
All applicants licensed as mobile food vendors shall be licensed under this section to operate their vehicles within the Borough of Keyport and upon the streets and public places of the Borough of Keyport and shall further comply with subsections 5-1.2 and 5-4.3 as well as those sections of the Revised General Ordinances of the Board of Health, particularly Section BH:2-4 et sequence, as it relates to the licensing of food vendors. In addition, mobile food vendors shall be required, at the time of licensing hereunder, to provide proof of motor vehicle insurance coverage for the vehicle to be used as part of the license hereunder.
[Ord. No. 528; 1972 Code
§ 7-2.3]
In addition to the requirements of subsection 5-1.2, the following information shall be contained in the application for a license under this section:
a.
Together with the description of the goods to be sold, the name and
address of the manufacturer, as well as the name and address of the
agent designated to receive service of process in the State of New
Jersey for such manufacturer.
b.
The name and address of each person employed by the applicant who
is authorized to do business on behalf of the applicant.
c.
Whether or not orders are to be solicited or taken for future delivery
of goods or performance of services and, if so, the general nature
of same.
d.
Name and address of the owner of any motor vehicle to be used by
the applicant in connection with the purpose for which the license
is sought, including the make of vehicle, type, year, serial number,
license plate number, and date of last inspection by the State of
New Jersey.
e.
Whether or not the applicant holds a motor vehicle operator's license,
and if so, the date of issue, the driver's license number, expiration
date, and condition code if any.
f.
If a motor vehicle is to be used by the applicant in connection with
the business of the license sought, a statement as to the name of
the insurance company covering applicant for liability, address of
same, policy number, policy period, name and address of agent who
sold or services policy, and the amounts of coverage pursuant to this
section.
A photograph of the applicant and of all persons employed by
and authorized to act and to do business for the applicant shall accompany
this application.
Each applicant and all employees of the applicant as set forth
in the application shall submit to the Police Department of the Borough
for fingerprinting or submit evidence of a fingerprint check from
another New Jersey municipality made within the preceding six months.
[Ord. No. 528; 1972 Code
§ 7-2.4; Ord. No. 32-89]
In addition to the provisions of subsection 5-1.3, the following shall apply to licenses issued under this section. The Chief of Police shall not approve the issuance of a license to any applicant who after investigation is found to be:
a.
Not of applicable legal age to perform the type of work or service
as set forth in the application.
b.
Under the age of 18, except that this provision shall not apply to
applicants who have complied with or come within the exceptions of
N.J.S.A. 34:2-1, et seq.
c.
Convicted of a crime involving moral turpitude, except that such
conviction shall not be a bar if it appears that at least five years
have elapsed from the date of conviction, and that the applicant has
conducted himself in a law-abiding manner during that period and that
his present reputation for honesty and morality in his community is
good and of good general report.
d.
Does not hold a valid driver's license of the State of New Jersey
if the duties of the applicant require the operation of a motor vehicle
for which the license is sought.
e.
Does not have in effect for the licensing period an automobile liability
policy with respect to all motor vehicles used by the applicant in
connection with the business of the applicant for which the license
is sought of not less than $100,000 because of bodily injury to or
death of one person in any one accident and subject to such limit
for on person, to a limit of not less than $200,000 because of bodily
injury or death of two or more persons in any one accident and, if
the accident has resulted in injury to or destruction of property,
to a limit of not less than $10,000 because of injury to or destruction
of property of others in any one accident.
f.
Engaging in the sale of goods and merchandise which are illegal or
which do not comply with any other laws of the State of New Jersey
or ordinances of the borough.
g.
Has been convicted and found guilty by a court of competent jurisdiction
of violation of this section within one year preceding the date of
the application.
h.
Fails to comply with any of the provisions of this section.
[Ord. No. 528; 1972 Code
§ 7-2.5; Ord. No. 32-89; Ord. No. 26-94]
There shall be an annual license fee of $40 for a peddler's license; $20 for an initial solicitor's license; $10 for the renewal of a solicitor's license; and $40 for a mobile food vendor's license as required under subsection 5-4.2a.
[Ord. No. 528; 1972 Code
§ 7-2.6]
The equipment used or employed by persons operating under this
section in the business of ice cream, foods, beverages, confections
and other related commodities shall be maintained in a clean and sanitary
manner and be subject to inspection by the Board of Health of the
Borough, its agents, servants and employees, and shall fully comply
with the laws of the State of New Jersey, the rules and regulations
of the New Jersey State Department of Health, the ordinances of the
Borough, and the rules and regulations of the Board of Health of the
Borough.
[Ord. No. 528; 1972 Code
§ 7-2.7; Ord. No. 22-94]
Any licensee under this section shall observe the following
regulations:
a.
No person or vehicle shall stand or be parked in a fixed location
for the purpose of displaying or selling wares, merchandise or services
on any public or private property where to do so causes or is likely
to cause a crowd, impede vehicular or pedestrian traffic, produce
annoying sounds, noises or disturbances, which interfere with the
comfort of the residents, nor shall use any loud or obnoxious instrument
or sound device, including but not limited to a gong bell, bull horn
or public address system, to attract the attention of the public.
b.
No licensee shall have an exclusive right to any one place upon any
sidewalk, or any street and shall not be permitted to operate in any
congested area where such operation might impede or inconvenience
the public and the public right to free and easy access of sidewalks
and streets.
c.
No licensee shall strew or litter or cause to be strewn or littered
the public streets or sidewalks or private property with refuse or
waste matter of any kind or in any wise interfere with the comfort
or convenience of the residents or businesses of the occupants or
owners or adjacent properties.
d.
No licensee shall permit his person or vehicle to stand or be parked
for the purpose of displaying or selling wares, merchandise or services
on any public or private property within a distance of 250 feet of
the nearest public, parochial or private school in the Borough during
school hours. School hours shall mean any time between 8:30 a.m. and
3:30 p.m. on weekdays, exclusive of Saturdays, during such days as
the schools may be in session.
e.
No licensee shall sell or attempt to sell in accordance with the
terms of this section except as set forth in the preceding paragraph
before 8:00 a.m. or after 9:00 p.m. The aforesaid time limitations
shall not apply to licensees who are expressly invited into homes
by the occupants thereof.
f.
No licensee shall permit his person or his vehicle or dispensing
container to stand for a period longer than the time it takes to make
a sale to a customer.
g.
The aforesaid time regulations as contained in subsection 5-4.7 shall not apply to the operation of the concession stand located at the entrance to the boat ramp along American Legion Drive, Borough of Keyport, County of Monmouth, and State of New Jersey. The Mayor and Council may affix the specific hours for operation for the concession stand by resolution for the periods of time from May 1st to October 31 in each calendar year.
[Ord. No. 528; 1972 Code
§ 7-2.8]
A good and sufficient bond and surety shall be required in those
cases where orders are solicited or taken for future delivery of goods
or performance of services and advance payments or deposits are accepted.
Before the license is issued, the applicant shall execute and
deliver to the Borough Clerk a good and sufficient surety in the amount
of $1,000 provided that a single bond shall be sufficient to qualify
all employees of any single business entity. The bond shall remain
in force for one year after the date of expiration, and shall be conditioned
to indemnify and pay the Borough any penalties or costs incurred in
the enforcement of any of the provisions of this section and to indemnify
or reimburse any purchaser of personal property in a sum equal to
at least the amount of any payments that such purchaser may have been
induced to make through the misrepresentation as to the kind, quality
or value of the personal property, and to indemnify or reimburse any
such purchaser in an amount equal to at least the amount of any payment
such a purchaser may have made to any licensee for personal property,
the delivery of which is either not made at all, or not made as represented
by the licensee.
[Ord. No. 528; Ord. No. 537A; 1972 Code § 7-2.9; Ord. No. 17-07]
The provisions of this section shall not be construed to apply
to:
a.
The selling or delivery of milk, eggs, bread, newspapers, or other
such necessary and perishable articles of food or merchandise of a
type commonly delivered on a house-to-house basis at intervals of
less than one week nor to the selling of any article at wholesale
to dealers dealing in the retail sale of such articles.
b.
Any veteran who holds a special license issued under the law of the
State of New Jersey. Such veteran shall be exempt from securing a
license or paying the fee as provided herein, but shall be required
to register with the Borough Clerk and obtain a special veterans permit
which will be issued by the Clerk upon proper identification and exhibition
of such State license.
Any nonprofit, charitable, educational, civic or veterans organization, society, volunteer first aid or fire company or the like, desiring to solicit or have solicited in its name, money, donations of money or property or financial assistance of any kind, or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization at any place or places within the Borough for a charitable, patriotic or philanthropic purpose shall be exempt from the provisions of subsection 5-4.5, but shall in all other respects comply with this section.
c.
Vendors for one day events or other events authorized by the Mayor
and Council specified of the Borough of Keyport shall be exempt from
securing a license as provided herein, but shall be required to submit
an abbreviated application in the form as established by the Borough.
The completed abbreviated application is to be submitted to the Borough
Administrator, or his/her designee, for review and approval. A copy
of all approved applications under this subsection shall be supplied
to the Borough Clerk. A fee of $20 is required for the application
review.
[Ord. No. 528; 1972 Code
§ 7-2.10]
All licenses issued under this section shall expire on July
1 following the date of issuance, without regard to the time of year
issued and the fee as herein fixed shall be the fee for such time,
whether it is for all or part of such license year.
[Ord. No. 528; 1972 Code
§ 7-4.1; Ord. No. 32-89]
No person shall conduct or carry on in a place of business any
bagatelle tables, pinball machines, music machines, including but
not limited to record playing machines, amusement or game machines
of every kind and description, within the Borough without first obtaining
a license therefor in accordance with the provisions of this Chapter.
[Ord. No. 528; 1972 Code
§ 7-4.2]
[Ord. No. 528; Ord. No. 567; 1972 Code § 7-4.3; Ord. No. 32-89; Ord. No.
5-93]
There shall be an annual fee for a license issued under this
section as follows:
[Ord. No. 528; 1972 Code
§ 7-4.4]
Any person holding a license issued under this section shall
have the same displayed at the place of business where the machine
is located or upon the machine.
[Ord. No. 528; 1972 Code
§ 7-4.5]
The provisions of subsection 5-4.10 shall apply under this section.
[Ord. No. 26-84]
As used in this section:
The person, association of persons, firm or corporation,
who shall be responsible in whole or in part, jointly or severally,
for the placement and maintenance of a newsrack in the public right
of way.
Any publication, magazine, periodical, leaflet, or similar
printed matter.
Any self-service or coin-operated box, stand, rack, container,
storage unit, or other dispenser installed, used or maintained for
the purpose of offering for sale, vending, distributing, or giving
away any publication.
Any surface provided for the exclusive use of pedestrians,
including the area between the sidewalks and the curb of any street,
or, if there is no sidewalk, the area between the edge of the roadway
and the property line adjacent thereto.
All the area dedicated to public use for public street purposes
including, but not limited to, roadways, parkways, alleys and sidewalks.
[Ord. No. 26-84]
It shall be unlawful for any person, firm or corporation to
erect, place, maintain or operate on any public street or sidewalk
or in any other public way or place in the Borough any newsrack without
first having obtained a permit from the Borough Clerk, and approved
by the Superintendent of Public Works, and Chief of Police.
[Ord. No. 26-84]
Application for such permit shall be made, in writing, to the
Borough Clerk upon such form as shall be provided by the Office of
the Borough Clerk, and shall contain the name and address of the applicant
and the proposed specific location of the newsrack or newsracks and
shall be signed by the applicant.
[Ord. No. 26-84; Ord. No. 32-89]
a.
Permits may be issued for the installation of a newsrack or newsracks
upon submission of a completed application. Such permit for such newsrack
or newsracks and the installation, use or maintenance thereof shall
be conditioned upon observance of the provisions of this section.
An annual permit fee of $25 per newsrack shall be paid upon the submission
of the application.
b.
Such permits shall be valid for a period of one year and shall be
renewable upon payment of the applicable permit fee.
[Ord. No. 26-84]
Any newsrack which, in whole or in part, rests upon, in or over
any public sidewalk or street or right of way, shall comply with the
following standards.
a.
No newsrack shall exceed 60 inches in height, 30 inches in width
or 24 inches in thickness.
b.
No newsrack shall be used for advertising signs or publicity purposes
other than that dealing with the display, sale or purchase of the
newspaper sold therein.
c.
Each newsrack shall be equipped with a coin-return mechanism to permit
a person using the machine to secure an immediate refund in the event
that he is unable to receive the publication paid for. The coin-return
mechanisms shall be maintained in good working order.
d.
Each newsrack shall have affixed to it, in a readily visible place
so as to be seen by anyone using the newsrack, notice setting forth
the name and address of the distributor and the telephone number of
a working telephone service to call to report a malfunction or to
secure a refund in the event of a malfunction of the coin-return mechanism
or to give the notices provided for in this section.
e.
Each newsrack shall be maintained in a neat and clean condition and
in good repair at all times. Specifically, but without limiting the
generality of the foregoing, each newsrack shall be serviced and maintained
so that:
1.
It is reasonably free of chipped, faded, peeling and cracked paint
in the visible painted areas thereof.
2.
It is reasonably free of rust and corrosion, in the visible unpainted
metal areas thereon.
3.
The clear plastic or glass parts thereof, if any, through which the
publications therein are viewed, are unbroken and reasonably free
of cracks, dents, blemishes, and discolorations.
4.
The paper or cardboard parts or inserts thereof, if any, are reasonably
free of tears, peelings, or fading.
5.
The structural parts thereof are not broken or unduly misshapen.
f.
It shall be unlawful for any person or place to maintain any publication
or material in newsracks which exposes to public view any pictorial
material which depicts or appears to depict offensive sexually explicit
material.
[Ord. No. 26-84]
Any newsrack which rests in whole or in part upon, or in any
portion of a public right-of-way or which projects onto, into or over
any part of a public right-of-way shall be located in accordance with
the provisions of this section:
a.
No newsrack shall be used or maintained which projects onto, into
or over any part of the roadway of any public street or which rests,
wholly or in part upon, along or over any portion of the roadway of
any public street.
b.
No newsrack shall be permitted to rest upon, in or over any public
sidewalk when such installation, use or maintenance:
1.
Endangers the safety of persons or property;
2.
Unreasonably interferes with or impedes the flow of pedestrians or
vehicular traffic, including any legally parked or stopped vehicle;
3.
Unreasonably interferes with the ingress into or egress from any
residence or place of business; or
4.
Unreasonably interferes with the use of traffic signs or signals,
hydrants or mailboxes, permitted at or near the location.
c.
No newsrack shall be chained, wired, bolted, or in any way affixed
to any sign, stanchion, other newsrack, tree, or any other protrusion
or appurtenance projected above ground level, unless the appurtenance,
protrusion, etc., is the property of the owner of the newsrack.
d.
Machines may be chained or otherwise attached to one another; however,
no more than two machines may be joined together in this manner, and
a space of not less than 18 inches shall separate each group of two
machines so attached.
e.
No machine, or group of attached machines, shall weigh, in the aggregate,
in excess of 125 pounds when empty.
f.
No newsrack shall be placed, installed, used or maintained:
1.
Within five feet of any marked crosswalk,
2.
Within 15 feet of a curb return of any unmarked crosswalk,
3.
Within 10 feet of any fire hydrant, fire call box, police call box
or other emergency facility.
4.
Within five feet of any driveway.
5.
At any location whereby the clear space for the passageway of pedestrians
is reduced to less than six feet.
6.
Within five feet of or on any public area improved with lawn, flowers,
shrubs, trees, or other landscaping.
7.
Within 100 feet of any church, park, playground, or public schoolhouse,
or private schoolhouse conducted for non-pecuniary profit.
8.
Within three feet ahead of, and 15 feet to the rear of any sign marking
a designated bus stop.
9.
Within four feet of any bus bench.
10.
Within six feet as measured along the building line, of any display
window of any building abutting the sidewalk or in such location as
to impede or interfere with the reasonable use of such window for
display purposes.
[Ord. No. 528; 1972 Code
§ 7-3.1]
It shall be unlawful for any junk dealer or scavenger with a
vehicle, whether motor or otherwise, to engage in such activity within
the Borough without first obtaining a license therefor in accordance
with the provisions of this Chapter.
[Ord. No. 528; 1972 Code
§ 7-3.2]
[Ord. No. 528; 1972 Code
§ 7-3.3]
There shall be an annual license fee of $100 and an additional
fee of $15 for each employee of the applicant who shall conduct the
business of the applicant.
[Ord. No. 528; 1972 Code
§ 7-3.4]
The provisions of subsection 5-4.10 shall apply under this section.
[Ord. No. 177; 1972 Code
§ 7-6.1]
No person shall engage in, conduct or carry on an auction sale
of goods, wares or other commodities, within the Borough, without
first obtaining a license therefor in accordance with the provisions
of this Chapter.
[Ord. No. 177; 1972 Code
§ 7-6.2; Ord. No. 2-01]
In addition to the provisions of subsection 5-1.2, the application for a license under this section shall state the place where the goods to be sold are located and the auction sale conducted; and the further averment that all the goods to be sold have been in and upon the premises where the sale is to be held for more than six months prior to the time of sale and be accompanied by an inventory of the same; and the further averment that no other goods than the goods as above specified shall be offered for sale or sold at such sale.
Where the applicant has, within a period of six months prior
to the date of the application, conducted auction sales in the Borough
of Keyport on at least four occasions and said sales were conducted
in compliance with Borough ordinances, the six months holding period
shall be waived for the license issued under said application.
[Ord. No. 177; 1972 Code
§ 7-6.3; Ord. No. 32-89; Ord. No. 32-90]
The fee for a license under this section shall be as follows:
a.
Daily: $30 per day; or
b.
Yearly: The person may elect to pay a yearly sum of $500, which shall
in no way relieve the party from any other obligations provided in
this section, nor shall the yearly fee be prorated or to determine
a fee for any portion of the year in which case the daily fee will
be required.
[Ord. No. 177; 1972 Code
§ 7-6.4]
The provisions of this section shall not relate to an auction
sale conducted by the sheriff, constable, trustee in bankruptcy and
receivership or his deputy in the furtherance of a judicial sale.
[1]
Editor's Note: Taxicabs must also comply with the requirements
of N.J.S.A. 48:16-1, et seq.
[Ord. No. 400; 1972 Code
§ 10-1]
As used in this section:
Any person who drives a taxicab within the Borough.
Licensed in accordance with this section.
Shall consist of transporting in such taxicab one or more
persons for hire along any of the streets of the Borough, accepting
a passenger to be transported for hire within the Borough or from
a point within the Borough to a point outside the Borough limits,
or discharging a passenger transported for hire from a point outside
the Borough limits to a point within the Borough limits. The operation
of a taxicab in any of the above described methods by anyone other
than the owner shall be deemed operation by the owner thereof as well
as by the person actually driving the same. The transportation of
any person other than the owner or driver in any motor vehicle bearing
the sign thereon or therein using the word, "taxi", "taxicab", "cab",
"hack" or term or word of similar connotation shall be prima facie
evidence of operation.
Any person in whose name title to any taxicab is registered
with the New Jersey Department of Transportation or who appears in
such records to be the conditional vendee or lessee thereof.
Includes any automobile or motor car, commonly called taxi,
engaged in the business of carrying passengers for hire, which is
held out, announced or advertised to operate or run or which is operated
or run over any of the streets of the Borough, and which accepts passengers
in the Borough for transportation from points or places to points
or places within or without the Borough. Provided that nothing herein
contained shall include or apply to autobuses as defined in N.J.S.A.
48:16-23 or jitneys or other vehicles operated under municipal consent
upon a route established wholly within the limits of the Borough or
the public conveyances which are by law subject to State or Federal
regulation exclusively.
[Ord. No. 400; 1972 Code
§ 10-2]
No person shall operate any taxicab within the Borough unless
both the taxicab and the driver thereof are licensed pursuant to this
section and conform to all provisions hereof.
[Ord. No. 400; 1972 Code
§ 10-3]
There are hereby established two classes of taxicab licenses,
to be known as "taxicab driver's licenses" and "taxicab owner's licenses".
[Ord. No. 400; 1972 Code
§ 10-3.1]
A taxicab driver's license shall entitle the person named therein
to operate within the Borough any taxicab duly licensed hereunder
until the license either expires or is surrendered, suspended or revoked
and shall not be transferable.
[Ord. No. 400; 1972 Code
§ 10-3.2]
A taxicab owner's license shall entitle the taxicab therein
described to be operated in the Borough by a driver duly licensed
hereunder until the license either expires or is surrendered, suspended
or revoked and shall not be transferable except as provided herein.
[Ord. No. 400; 1972 Code
§ 10-4]
Every license issued pursuant to the terms of this section shall
expire at 12:00 midnight on June 30 of the year next succeeding that
in which it was issued unless sooner surrendered, suspended or revoked.
[Ord. No. 400; 1972 Code
§ 10-5.1]
The number of licenses under this section to be issued or outstanding
in any one year shall be fixed by resolution of the Mayor and Council.
[Ord. No. 400; 1972 Code
§ 10-5.2]
The Mayor and Council shall adopt resolutions establishing zones
or districts within the Borough limits as they may deem desirable
or necessary for the purpose of prescribing or fixing maximum or minimum
charges which may be made within the area or within such districts
for such taxicab service.
[Ord. No. 400; 1972 Code
§ 10-6; Ord. No. 32-89]
a.
Taxicab driver's license. Every applicant for a taxicab driver's
license shall, in addition to the requirements herein provided and
of any law of the State, prove to the satisfaction of the Mayor and
Council that he is over the age of 21 years; that he is in good health
with good eyesight; that he is not addicted to the use of intoxicating
liquors or drugs; that he is able to read and write the English language;
that he is of good character; that he has not been convicted of any
indictable offense or of reckless driving within two years next preceding
the filing of such application; that he has knowledge of the State
Motor Vehicle Laws and traffic regulations; and that he has knowledge
of the ordinances and geography of the Borough. He shall furnish with
the application for such driver's license a recent photograph of himself
of a size not less than 1 1/4 inches in height and 1 3/4
inches in length which shall be filed with the application, together
with the names and addresses of two responsible property owners of
the Borough as references. Such applicant for a driver's license shall
be fingerprinted before the license is issued.
b.
Taxicab owner's license. All applications for taxicab owner's licenses
shall be in writing in duplicate, and shall contain the full name
and address of the owner, the serial number, type, color, age and
make of the taxicab, the number of persons it is to carry, and the
names and addresses of two responsible property owners of the Borough
as references. Any and every change of address of the owner shall
be reported in writing to the Borough Clerk within three days after
such change.
c.
Filing of application; transferability. All applications shall be filed in writing and in duplicate with the Borough Clerk, who shall submit such applications to the Borough Council at the next succeeding meeting for action, and any or all applications, following investigation reports, may be granted or refused by the majority vote of the members of the Council present at such meeting, as provided in subsection 5-10.16.
An existing owner's license may be transferred upon the transferee
filing the application and performing all the other things to be performed
in the case of an application for owner's license as required herein.
[Ord. No. 400; 1972 Code
§ 10-7; Ord. No. 32-89; Ord. No. 13-03]
The fees for the issuance of the licenses herein referred to
shall be as follows:
a.
For each taxicab license, $50 per year or any fraction thereof;
b.
For each taxicab driver's license, $25 per year;
c.
For transfer of a taxicab owner's license, $50.
|
The Borough Clerk shall, at the time a license is granted and
upon the receipt of the license fee, deposit same in the appropriate
account established by the Borough of Keyport.
|
[Ord. No. 400; 1972 Code
§ 10-8]
No taxicab shall be licensed until an insurance policy or certificate
in lieu thereof, and power of attorney executed, have been filed with
the Borough Clerk as provided for taxicabs and autocabs pursuant to
the provisions of N.J.S.A. 48:16-1 to 48:16-22, and the operation
of any licensed taxicab hereunder shall be permitted and shall be
lawful only so long as such liability insurance policy remains in
full force and effect.
[Ord. No. 400; 1972 Code
§ 10-9]
Each applicant granted a taxicab driver's license shall be issued
a license card in a form approved by the Mayor and Council and signed
by the Borough Clerk in their behalf. Such license card shall at all
times be carried by the driver while operating a taxicab. In addition,
the owner of the taxicab shall furnish a card with the name of the
driver which shall at all times be prominently displayed and adequately
posted in the interior of any taxicab operated by the licensee so
that the face thereof shall be at all times in full view and plainly
legible to any passenger seated on the rear seat of such taxicab and
there shall be affixed to such card in full view of such passengers
a photograph of a size not less than 1 1/4 inches in height and
1 3/4 inches in length of the licensed driver, together with
a photograph of the licensed owner of the taxicab of the same size.
Each photograph shall have indicated thereon the words, "Licensed
Taxicab Owner" or "Licensed Taxicab Driver", as the case may be.
[Ord. No. 400; 1972 Code
§ 10-10]
a.
Posted. No taxicab shall be operated in the Borough unless there
is prominently displayed in the interior thereof within the full view
and access of any passengers therein, a complete list of fares, charges
or tariff rates charged for transportation of passengers, which fares,
charges or tariff rates so displayed and no other shall be charged
any passenger so transported.
b.
Rates. The rate of fare to be charged within the Borough shall be
fixed by resolution of the Mayor and Council, and the Mayor and Council
may by resolution establish zones for the purpose of fixing rates.
[Ord. No. 400; 1972 Code
§ 10-11]
Every taxicab licensed hereunder shall have conspicuously located
on the exterior thereof the word "taxicab", which shall be illuminated
during darkness.
[Ord. No. 400; 1972 Code
§ 10-12]
a.
Promulgation by Council. The Mayor and Council may by resolution
make such general rules and regulations and such special rulings and
findings as may be necessary for the proper regulation and control
of the operation of taxicabs in the Borough and enforcement of this
section, in addition thereto and not inconsistent therewith; and may
alter, amend, repeal and publish the same. The Mayor and Borough Council,
in implementing this section by resolution or regulation where and
when required shall at all times consider the purpose and intent of
this section, the character of the various districts of the Borough,
and the needs of the public with particular consideration to pedestrian
and vehicular traffic.
b.
Violations. The violation by the taxicab owner or the taxicab driver
of any rules, regulations, special rulings and findings which are
hereafter promulgated by the Mayor and Council and included within
a resolution shall be sufficient cause for revocation of any license
granted to such taxicab owner or taxicab driver pursuant to this section,
and shall be sufficient cause for the revocation of any license granted
to such taxicab owner or taxicab driver pursuant to this section;
and shall be sufficient cause for the refusal by the Mayor and Council
to renew such license, in addition to any and all other grounds specifically
mentioned in this section.
c.
Consumption of alcoholic beverages by drivers prohibited. No taxicab
driver shall operate a taxicab after having consumed or while under
the influence of alcoholic beverages.
[Ord. No. 400; 1972 Code
§ 10-13]
The Mayor and Council may, in their discretion, refuse to issue
or renew or may, after notice and hearing, revoke or suspend:
a.
Any license of either class if the applicant or licensee, within
two years next preceding the filing of an application hereunder or
who, having obtained a license while such license is in effect hereunder,
has been or is convicted of a crime involving moral turpitude in this
or any other jurisdiction, or of being a disorderly person in this
or any other jurisdiction, or of reckless driving or whose driving
privileges have been revoked in this or any other state, or who violates
any provisions of this section, or who has any judgement unsatisfied
of record against him arising out of an automobile accident, or has
failed or fails to render reasonable, prompt, safe and adequate taxicab
service, or who has not complied fully with all the requirements of
this chapter for such class of license; or
b.
Any taxicab driver's license if the applicant has any communicable
or contagious disease; or
c.
Any taxicab owner's license if the motor vehicle licensed or to be
licensed by reason of unsafe or unsanitary condition is dangerous
to the safety and health of the occupants or others, or if the policy
of insurance required by this section, or by any statute of New Jersey
has once lapsed or such coverage is not maintained at all times.
[Ord. No. 400; 1972 Code
§ 10-14]
Owners and drivers of taxicabs licensed out of the jurisdiction
of the Borough may be allowed to enter their taxicabs in the Borough
on specific call only, whether transporting a passenger within the
Borough, or from a point within the Borough to a point outside the
Borough limits, or discharging a passenger transported from a point
outside of Borough limits to a point within the Borough limits, and
the name of the passenger so calling shall be given by the owner or
driver when requested by the Borough Police or other lawful persons.
Such taxicabs shall not be parked in the Borough nor shall the drivers
thereof cruise on the streets of the Borough at any time for the purpose
of soliciting passengers, nor shall they in the night-time or other
periods of darkness, when in the Borough, permit any advertising lights
on the taxicab to remain lighted; provided that the same or similar
substantial reciprocal rights are granted to owners and drivers of
taxicabs licensed in the Borough by the municipalities in which the
aforesaid owners or drivers are licensed.
[Ord. No. 11-85]
As used in this section:
Includes any automobile or vehicle engaged in the business
of carrying passengers for hire and operating from private property,
either by trip, hour or day, or longer period of time, and which does
not solicit passengers for hire upon the public streets of the town
and which is intended to run primarily from points within the Borough
to destinations in other municipalities. The term "limousine" shall
also mean "auto livery" and "autocab" as defined in N.J.S.A. 48:16-13.
[Ord. No. 11-85; Ord. No. 32-89; Ord. No.
11-94]
a.
License Required. No person shall hire, keep or use for hire or pay,
or cause to be kept or used for hire or pay, any limousine utilizing
the Borough as a principal place of business as expressed in N.J.S.A.
48:16-18 without having first obtained a license for that purpose
from the Borough Clerk for such limousine which license shall be known
as "limousine license." Such license shall be for a term of one year
from the date of issuance and shall be renewable annually, and shall
expire on December 31 following the date of issuance, without regard
to the time of year issued, and the fee as herein fixed shall be the
fee for such time, whether it is for all or part of such license year.
Licenses shall be nontransferable. Renewal of the license shall require
the same information and filing as the original application using
the same form and fees.
b.
Fee. The fee for the issuance of such license shall be $40 for each
limousine licensed. Each such vehicle used as a limousine shall be
licensed separately.
c.
Qualifications. The Borough Clerk shall issue such license after
satisfactory compliance by the applicant with the provisions of N.J.S.A.
48:16-13 to 22 and the payment of the aforesaid fee.
d.
Form and Content of License. There shall be a separate license issued
for each limousine to be licensed. The license shall be in writing,
numbered, in triplicate, signed by the Borough Clerk on a form provided
by the Borough, and shall contain the following information: Name,
business address, business telephone number of the owner; number of
the license; make, model, year, serial number and license plate number
of the vehicle; the name of the company supplying insurance coverage;
the policy number, and the name, address, and telephone number of
the insurance agent.
e.
By Whom Issued. Limousine licenses or any renewal thereof shall be
issued by the Borough Clerk and no approval of the Mayor and Council
is required.
f.
Where Displayed. One copy of the limousine license, when issued,
shall be retained by the Borough Clerk. The applicant shall receive
the original and one copy. The original shall be kept in the limousine
at all times.
[Ord. No. 11-85]
Any person or persons, firms, corporations or other organizations
found to be in violation of any of the provisions of this section
shall upon conviction thereof in Municipal Court and in addition to
the penalties provided by N.J.S.A. 48:16-22 pay a fine of not less
than $25 or more than $50 for the first offense and for each subsequent
offense, shall upon conviction pay a fine not to exceed $100. Upon
failure to pay such fine, such person shall be liable to imprisonment
for a term not to exceed 30 days.
In addition to such penalties as aforesaid, every license granted
in pursuance of this section may be revoked by the Borough Clerk upon
evidence of failure to comply with any provision of N.J.S.A. 48:16-13
et seq.
[Ord. No. 12-74; 1972 Code
§ 7-12; Ord. No. 11-01; Ord. No. 26-02; 4-6-2021 by Ord. No. 2-21]
a.
Games of chance commonly known as bingo and raffles, as provided
by N.J.S.A. 5:8-24 et seq. and through N.J.S.A. 5:8-50 et seq. may
be conducted in the Borough on any day of the week, including the
first day of the week commonly known and designated as Sunday, provided
the applicant for the license to conduct such games otherwise qualifies
under the provisions of N.J.S.A. 5:8-25 and N.J.S.A. 5:8-51, and the
rules and regulations of the Legalized Games of Chance Control Commission
(herein, "the Control Commission"), which restrict the availability
of such licenses to bona fide religious, charitable, fraternal and
other such organizations.
b.
The Borough shall charge a fee in the amount equal to the amount
charged by the Control Commission, as set forth in N.J.A.C. 13:47-4.9
or equivalent section as may be amended from time to time.
c.
Keyport volunteer fire companies and first aid squads are exempt
from the fees imposed by the Borough pursuant to paragraph b. The
Borough of Keyport shall not waive the municipal fee established under
paragraph b for any other religious, charitable, fraternal or other
such organizations within the Borough of Keyport. Nothing set forth
in this paragraph c shall exempt any organization from payment of
any fee due to the Control Commission.
d.
At the request of any bona fide religious, charitable, fraternal
or other not-for-profit organization, the Borough of Keyport shall
waive the municipal yearly fee established for any machine-generated
pull tab tickets and/or raffles utilized within the Borough of Keyport.
This waiver shall only apply to tickets generated directly from a
machine operated and located within the Borough of Keyport. Nothing
set forth in this paragraph d shall exempt any organization from payment
of any fee due to the Control Commission.
e.
The authority
to approve the granting of bingo and raffle licenses in accordance
with the Rules of Legalized Games of Chance, N.J.A.C. 13:47-1.1 is
hereby delegated to the Borough Clerk.
[Ord. No. 27-92; Ord. No. 1-08; amended 12-19-2017 by Ord. No. 15-17]
The purpose of this section is to fix and establish licensing
requirements, towing procedures and regulations for the use of tow
truck operators in the Borough of Keyport.
[Ord. No. 27-92; Ord. No. 1-08; amended 12-19-2017 by Ord. No. 15-17]
This section complies with N.J.S.A. 40:48-2.49 creating nondiscriminatory
and nonexclusionary regulations governing towing and storage services.
[Ord. No. 27-92; Ord. No. 1-08; amended 12-19-2017 by Ord. No. 15-17]
An annual list of towing contractors, not to exceed a total
of four contractors, is to be selected by the Borough Council upon
written recommendation of the Chief of Police. Each towing contractor
on said list shall be called on a rotating basis. Said list shall
be maintained by the Police Department and updated on an annual basis
by the Borough Clerk.
[Ord. No. 27-92; Ord. No. 1-94; Ord. No.
1-08; amended 12-19-2017 by Ord. No. 15-17]
a.
A tow truck operator's license is required for any person, partnership,
corporation or other entity to be placed on the tow truck rotating
call list. An application for license pursuant to this section shall
be made in a form prepared by the Police Department of the Borough
of Keyport, and a complete application shall be filed with both the
Police Department and the Borough Clerk's Office. A completed application
must be submitted no later than the 15th of December. There will be
no exceptions. The application must state the following:
1.
Location, description, availability, number of tow trucks operating,
each vehicle description, including year, make, model, type and serial
number.
2.
Rates charged for towing and for storage, which rates must be available
for public inspection and shall not be in excess of the maximum rates
established by this section or by state law.
3.
A thorough diagram and complete description of the area the applicant
intends to utilize for accommodating towed vehicles indicating all
security measures (such as fencing, gates, locks, alarms, etc.) in
place for the protection of stored vehicles.
4.
A statement that the applicant has sufficient personnel to comply
with the provisions of this section relating to response time, and
applicable state law N.J.S.A. 40:48-2.49, with proof of ownership
or lease of storage area.
5.
Name, address, and policy number of applicant's insurance company.
6.
A signed statement by applicant of nondiscriminatory and nonexclusionary
employment practices.
b.
The Chief of Police, or his designee, shall conduct an investigation
to be made of the applicant and the applicant's business operation
and facility within 10 days of the filing of an application.
c.
Within the aforesaid 10 days, the Chief of Police shall make his
recommendation to the Mayor and Borough Council, in writing, to grant
or deny the tow truck operation license to the applicant. If denied,
detailed reasons must be set forth in said license; the operator must
provide the Borough Clerk and the Mayor with true copies of all necessary
insurance policies and proof of payment, or certificates of insurance.
d.
A nonrefundable annual application fee of $450 is to be paid each
year at the time of the application.
e.
A towing fleet license fee of $250 shall be paid by the applicant
to the Borough Clerk with a single roster of vehicles which will be
used in the towing operation within five business days of written
notification to the applicant of the applicant's approval. Upon full
payment to the Borough Clerk, the Borough Clerk may place the applicant's
name on the tow list. All licenses issued under this section shall
expire on December 31 of the licensing year. Renewal of the license
shall require the same information and filing as the original application,
using the same form and fees.
f.
The Borough Council shall terminate any license issued pursuant to
this section if determined that the applicant has provided fraudulent
or inaccurate information or the application, is in violation of any
municipal, county or state ordinance, law or regulation, is providing
unsatisfactory service, is in violation of New Jersey Department of
Insurance rules and regulations, or equipment is inadequate. Proceedings
for suspension or revocation of the license shall be service of a
five-day notice of charges preferred against the licensee, and a reasonable
opportunity for a hearing shall be afforded. A hearing shall be held
by the Mayor or the Chief of Police. A recommendation for the appropriate
action shall be submitted in writing by the hearing officer to the
Borough Council with five days after conclusion of said hearing.
[Ord. No. 27-92; Ord. No. 1-08; amended 12-19-2017 by Ord. No. 15-17]
The maximum rates that may be charged for the use of a tow truck
and/or storage of a vehicle towed, whether licensed or unlicensed,
are as follows:
a.
Towing services to a location outside the Borough of Keyport or within
the Borough of Keyport or to a storage yard, which services shall
consist of the removal and transportation of a vehicle from a highway,
street or other public or private road, or a parking area, or from
a storage facility:
b.
Storage fees shall be charged per calendar day or fraction thereof.
An additional charge of $50 may be imposed if a request is made of
the storage facility to release the vehicle in question after normal
business hours, on a weekend, Saturday or Sunday, or on a holiday.
4.
All fees to be paid to an operator by a municipality, or department
thereof, for the storage of removed motor vehicles shall not exceed
the amount set forth in N.J.S.A. 40:48-2.50.
c.
Other fees.
2.
Towing to another location other than the tow company's yard:
(a)
Rates to be determined by the towing company and the owner or
operator of the vehicle to a maximum of $3 per mile.
3.
Additional man power: $75.
4.
Dolly use: $50 per axle.
5.
Administrative fee (after two days): $25.
6.
Cleanup fee: $35 in half hour increments.
7.
Speedy dry: $12 per bag.
8.
Waiting time: after 1/4 hour, $25 per 1/4 hour.
9.
Vehicle removal: $50.
10.
Service calls: $50 plus cost of service, $25 per 1/4 hour (i.e.,
changing flat, supplying gasoline or other services at scene).
11.
Other fees not listed above may not be charged unless preauthorized
by vehicle operator or owner.
d.
ADMINISTRATIVE FEE
AUTHORIZED STORAGE FACILITY
CONSENT TOW
CRUISING
DOLLY WHEELS
IMPOUND
NONCONSENT TOW
RESPONSE TIME
SERVICE CALL
SPEEDY DRY APPLICATION
TOW LIST
WAITING TIME
WINCHING
WRECKER
Definitions. As used in this section:
Shall not be included in a standard tow. This fee is for
post-accident service, to include insurance inspection, telephone
calls or faxes, removal of personal items and additional paperwork.
This shall be assessed only one time per vehicle.
Shall be a licensed junkyard or auto body repair shop in the Borough of Keyport or a service station or public garage in the Borough of Keyport, or otherwise set forth in Subsection 5-13.9 of this section, which has a temporary storage facility for disabled or abandoned vehicles.
Someone other than the Keyport Police Department requests
a towing agency's service for the purpose of removing a vehicle. This
could include, but is not limited to, the owner or operator of a vehicle
or the owner or authorized agent of private property.
The driving of a wrecker along any Borough street for the
purpose of soliciting business with the Borough.
Wheel and axle substitute.
Any vehicle authorized by law to be seized, towed and held
in the custody of an approved impound storage yard as approved by
the Keyport Police Department.
When the Keyport Police Department contacts the towing agency
to remove and/or impound a vehicle at the request of the Keyport Police
Department.
The time from when the operator receives the telephone call
from the Keyport Police Department until the time the operator arrives
on scene.
A response to a motorist to provide aid for the changing
of flat tires, providing fuel and/or other services rendered.
The disbursement of an agent used to absorb liquid spills
from vehicles.
The list of approved tow truck operators authorized to operate
in the Borough of Keyport.
Additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery.
Use of a cable and hook, crane operation, lifting dragging,
uprighting a vehicle, etc.
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying and removing vehicles which
are unable to be operated under their own power.
e.
Return/release of impounded vehicles:
1.
No motor vehicle which has been impounded pursuant to the laws of
this state shall be released by the Borough unless proof of valid
insurance and proof of ownership for that vehicle is presented to
the Keyport Police Department. This includes those individuals who
plan to remove their vehicle with a wrecker. The recovery or salvage
of the impounded motor vehicle by, or on behalf of, an insurer, financial
institution or other lending entity, shall not require proof of valid
motor vehicle insurance for that vehicle.
2.
A $35 administrative fee will be paid to the Borough of Keyport for
a release of any impounded vehicle.
3.
Criminal investigation means vehicle seized for criminal investigation
purposes shall not be returned to the owner with authorization from
Keyport Police Department representative.
4.
Twelve-hour impoundment of a motor vehicle operated by a DWI. When
a law enforcement officer makes an arrest for DWI, the officer must
impound the vehicle the person was operating and hold it for a minimum
of 12 hours from the time of the arrest.
5.
Release of vehicle before the twelve-hour impoundment expires: The
vehicle may be released prior to 12 hours of impoundment if the owner
of the impounded vehicle was not the operator that was charged with
DWI. In this circumstance, the vehicle may be released after the owner
demonstrates proof of ownership, registration and automobile insurance
coverage. The vehicle may only be released if no Title 39 violations
exist.
6.
For vehicles impounded and abandoned: Any vehicle which has been
impounded and left for a period which exceeds that set forth in N.J.S.A.
39:4-56.6 shall be deemed abandoned. The contractor shall be responsible
for the legal disposition of the vehicle and for obtaining a junk
title following the New Jersey Motor Vehicle Commission's procedures
respecting abandoned vehicles. The contractor must undertake its own
due diligence, at its own expense, to contact the vehicle owner (i.e.,
through legal process, including, by way of example, regular and certified
U.S. mail, return receipt requested, keeping all proof of such attempts
as records pertaining to towing and storage under this chapter) within
90 days of its abandonment. If the vehicle is not claimed by its owner
following that period, it may then be sold at public auction in accordance
with applicable law, including those provisions set forth at N.J.S.A.
2A:44-20 through 2A:44-31. A contractor may also opt to hire an outside
agency or firm to obtain junk title to any abandoned vehicle, at the
contractor's sole expense.
[Ord. No. 27-92; Ord. No. 1-08; amended 12-19-2017 by Ord. No. 15-17]
The maximum rates fixed in this section shall apply to the towing
and storage of all passenger vehicles, except those exempt pursuant
to N.J.S.A. 17:33B-47 and N.J.A.C. 11:3-38.1 et seq. as well as to
nonpassenger vehicles not exceeding two tons in gross vehicle weight.
In the case of services rendered to other types of vehicles, services
of a nature beyond basic towing services or tows to locations outside
of the Borough of Keyport, or other than those covered by basic rates,
or services rendered in extraordinary cases involving unusual conditions,
the rate to be charged shall be fair and reasonable based on the locations,
length of time, number of men and amount of machinery involved and
the difficulty of the job.
[Ord. No. 27-92; Ord. No. 1-08; amended 12-19-2017 by Ord. No. 15-17]
a.
No licensed tow truck shall be utilized, approved or placed on the
tow list unless and until all the vehicles to be used have been insured,
and true copies of the liability insurance policies or certificates
of insurance have been received by the Borough.
b.
For the purpose of protecting the Borough of Keyport, the following
types and minimum policy limits are applicable and necessary for each
applicant:
c.
The applicable policies shall contain an endorsement to provide collision
coverage for vehicles in tow and name the Borough of Keyport as an
additional named insured.
d.
Each policy required herein must contain an endorsement providing
a ten-day written notice to the Borough of Keyport in the event of
a material change or cancellation of any policy for any cause or reason.
[Ord. No. 27-92; Ord. No. 1-08; amended 12-19-2017 by Ord. No. 15-17]
Applicant/licensee is responsible for the inspection and operation
of his equipment and is responsible for providing adequate equipment
in compliance with the requirements of this section, New Jersey Statutes,
Rules and Regulations of the NJ Department of Insurance, and the NJ
Division of Motor Vehicles.
[Ord. No. 27-92; Ord. No. 1-96; Ord. No.
1-08; amended 12-19-2017 by Ord. No. 15-17]
Any license shall require an applicant to provide the maximum
response call time of 20 minutes from 7:00 a.m. to 6:00 p.m. and of
30 minutes from 6:01 p.m. to 6:59 a.m. For the purpose of qualifying
to meet response time requirements of this section, all applicants
shall have towing vehicles and suitable storage facilities located
within three miles of the perimeter of the Borough of Keyport.
[Ord. No. 27-92; Ord. No. 1-94; Ord. No.
1-96; Ord. No. 1-08; amended 12-19-2017 by Ord. No.
15-17]
Each tow truck operator shall maintain for a period of 30 months
accurate records of all calls made, vehicles towed and tow fees. A
written release shall be obtained from the owner of any vehicle before
it is released. The Police Department shall keep current records of
the names, addresses of all persons holding licenses, and the vehicle
identification of each tow vehicle utilized.
[Ord. No. 27-92; Ord. No. 1-08; amended 12-19-2017 by Ord. No. 15-17]
a.
Any person, firm, entity or corporation found guilty in Municipal
Court of the Borough of Keyport of a violation of the terms of this
section shall be subject to one or more of the following penalties,
subject to the discretion of the Municipal Court Judge: imprisonment
in the county jail or in any place provided by the municipality for
the detention of prisoners for any term not to exceed 60 days, or
by a fine not to exceed $1,000, or by a period of community service
not to exceed 60 days.
b.
Except as otherwise provided, each and every day in which a violation
of any provision of this section exists shall constitute a separate
violation. In addition, each violation of this section shall be considered
a separate offense upon each and every day a violation exists.
[Ord. No. 14-95]
As used in this section, the following terms shall have the
meanings indicated.
The taking of still or motion pictures, either on film, videotape
or similar recording equipment, for commercial or educational purposes,
intended for viewing on television or in theaters or for institutional
use or for advertising purposes.
Any and every public street, highway, sidewalk or square,
public park or playground or other public place within the Borough
which is within the jurisdiction and control of the Borough.
[Ord. No. 14-95]
a.
No person, firm or corporation shall film or permit filming within
the Borough of Keyport without first obtaining a permit therefor,
which permit shall set forth the location of such filming and the
date or dates when filming shall take place.
b.
Permits shall be obtained in the office of the Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the Borough Clerk and shall be accompanied by a permit fee as set forth in subsection 5-14.4 hereof. Incidental use of a public sidewalk or street which does not result in the closing of the street or sidewalk to public use shall not be considered filming on public land.
c.
The permit shall whenever possible, set forth the approved location
of such filming and the approved location of such filming by specific
reference to day or dates.
d.
Where filming takes place on private property, permission of the
owner must be obtained in writing.
e.
One permit shall be required for each location.
[Ord. No. 14-95]
a.
No permit shall be issued for filming at a particular location in
a residential zone within the Borough of Keyport which would permit
filming at said location on more than eight days during any one calendar
year.
b.
No permit shall be issued for filming upon public lands within the
Borough of Keyport unless the applicant for such permit:
1.
Provides proof of insurance coverage as follows: for bodily injury
for any one person in the amount of $500,000, for any aggregate occurrence
in the amount of $1,000,000, and for property damage for each occurrence
in the amount of $500,000.
2.
Agrees in writing to indemnify and save harmless the Borough of Keyport
from any and all liability or damages from the use of such public
lands.
c.
The holder of a permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
public lands and shall comply with all lawful directives issued by
the Keyport Police Department with respect thereto.
d.
The holder of a permit shall conduct filming in such a manner as
to minimize the inconvenience or discomfort to adjoining property
owners attributable to such filming and shall, to the extent practicable,
abate noise and park vehicles associated with such filming off the
public streets. The holder shall avoid any interference with previously
scheduled activities upon public lands and limit to the extent possible
any interference with normal public activity on such public lands.
e.
The holder of a permit shall take all reasonable steps to minimize
the creation and spread of debris and rubbish during filming and shall
be responsible for removing all equipment, debris and other rubbish
from the filming location upon the completion of filming or the expiration
of the permit, whichever comes first.
f.
Filming shall be permitted only Monday through Friday between the
hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever is earlier,
in residential zones.
g.
The Borough Clerk may refuse to issue a permit whenever it is determined
on the basis of objective facts and after a review of the application
and a report thereon by the Police Department and by other Borough
agencies involved with the proposed filming site, that filming at
the location and/or the time set forth in the application would violate
any law or ordinance or would unreasonably interfere with the public's
use of public lands, unreasonably interfere with the use and enjoyment
of adjourning properties, unreasonably impede the free flow of vehicular
or pedestrian traffic or otherwise endanger the public's health, safety
or welfare.
h.
Any person aggrieved by a decision of the Borough Clerk denying or
revoking a permit or a person requesting relief pursuant to paragraph
i. may appeal to the Mayor and Council. A written notice of appeal
setting forth the reasons for the appeal shall be filed with the Borough
Clerk. An appeal from the decision of the Borough Clerk shall be filed
within 10 days of the Borough Clerk's decision. The Mayor and Council
shall set the matter down for a hearing within 30 days of the day
on which the notice of appeal was filed. The decision of the Mayor
and Council shall be in the form of a resolution. A resolution supporting
the decision of the Borough Clerk or granting relief pursuant to paragraph
i. shall be approved by the Mayor and Council at the first regularly
scheduled public meeting of the Mayor and Council after the hearing
on the appeal unless the appellant agrees in writing to a later date
for the decision. If such a resolution is not adopted in the time
required, the decision of the Borough Clerk shall be deemed to be
reversed and a permit shall be issued in conformity with the application
or the relief pursuant to paragraph i. shall be deemed denied.
i.
The Mayor and Council may authorize a waiver of any of the requirements
or limitations of this section and may authorize filming other than
during the hours herein described or may extend the duration of a
permit beyond 10 days or may permit filming at a particular location
in a residential zone on more than eight days during any one calendar
year or may waive any other limitation or requirement of this section
whenever it determines that strict compliance with such limitations
will pose an unreasonable burden upon the applicant and that such
a permit may be issued without endangering the public's health, safety
or welfare.
j.
The applicant shall notify the Chief of the Fire Department 24 hours
before filming takes place and permit the Fire Department to inspect
the site and the equipment to be used. The applicant shall comply
with all fire safety instructions issued by the Chief of the Fire
Department.
k.
The Borough, in the discretion of the Chief of Police, reserves the
right to require one or more on-site patrolmen in situations where
the proposed production may impede the proper flow of traffic, the
cost of said patrolmen to be borne by the applicant as a cost of production.
Where existing electrical power lines are to be utilized by the production
an on-site licensed electrician may be similarly required if the production
company does not have a licensed electrician on staff.
[Ord. No. 14-95]
The filming permit fee shall be $500. The permit is good for
a period not to exceed 30 days. The Borough Council has the authority
to waive or reduce the permit fee in cases where the applicant is
a nonprofit or educational organization.
[Ord. No. 14-95]
Any person violating this section or rules and regulations contained
herein shall be subject to a fine not to exceed $500 or imprisonment
for a term not to exceed 90 days, or both.
[Ord. No. 14-95]
The provisions of this section shall not apply to the filming
of news stories within the Borough of Keyport.
[Ord. No. 19-07]
Sidewalk cafes and restaurants may be established for businesses
in the Borough of Keyport. No person, however, shall establish, maintain,
own or operate a sidewalk cafe or restaurant nor serve food, liquor
or other beverages on any public street, sidewalk or alleyway without
first having obtained a license from the Municipal Clerk of the Borough
of Keyport.
[Ord. No. 19-07; amended 2-15-2022 by Ord. No. 3-22]
a.
An application for a sidewalk cafe license shall be available on
a form to be issued by the Clerk of the Borough of Keyport. Once a
completed application is received by the Clerk with the appropriate
fee, it shall be forwarded to the Borough Administrator for review
by the Chief of Police, Zoning Officer, Fire Marshal and Construction
Official. The Borough Administrator, in his or her unlimited discretion,
shall issue or deny the license provided no existing parking is reduced
or access to existing parking is eliminated taking into consideration
the location, potential interference with pedestrian or vehicular
traffic, appropriateness of design, the business record of the applicant,
any proposed structures to be erected on public sidewalks, public
safety, health and welfare considerations.
b.
For liquor licensed establishments, permission to serve liquor outdoors
shall be made as a separate application to the Borough Clerk and should
be treated as a permanent expansion of the area to serve liquor and
be treated accordingly as a place-to-place transfer of the liquor
license through the Alcoholic Beverage Commission (ABC) with sole
discretion of approval and denial separate from a standard sidewalk
cafe license.
[Ord. No. 19-07]
The applicant, in designing and furnishing the sidewalk cafe
or restaurant, shall be consistent with the local facade ordinance
standards and goals if and when established.
[Ord. No. 19-07; amended 2-15-2022 by Ord. No. 3-22]
Any person submitting an application for a sidewalk cafe or
restaurant shall submit an application fee in the amount of $100 with
said application.
[Ord. No. 19-07; amended 2-15-2022 by Ord. No. 3-22]
Any and all licenses issued pursuant to the terms of this section
shall permit sidewalk cafe operations to begin no earlier than March
15 and all sidewalk cafe operations so established shall cease on
or before November 15 of each year.
[Ord. No. 19-07; amended 2-15-2022 by Ord. No. 3-22]
Any license for a sidewalk cafe issued pursuant to the terms
of this section shall require submission of an application to be renewed
annually.
[Ord. No. 19-07]
Any person violating the provisions of this section shall, upon
conviction, be punished in accordance with the penalty ordinance set
forth in the Ordinances of the Borough of Keyport.[1]
[Ord. No. 19-07]
a.
Any person obtaining a license for a sidewalk cafe or restaurant
shall submit, for the protection of the Borough of Keyport and its
representatives, as well as the general public, a comprehensive policy
of liability insurance protecting the licensee and the Borough of
Keyport against any liability whatsoever occasioned by accident on
or about the licensed property or any appurtenances thereto. This
policy shall be written by a good and solvent insurance company or
companies, with a minimum Best Rating of A, authorized to do business
in the State of New Jersey and the limits of liability thereunder
shall not be less than the amount of $1,000,000 in respect to any
one person, and in the amount of $1,000,000 in respect to any one
accident or occurrence.
b.
Prior to the time such insurance is first required to be carried
by the sidewalk cafe license holder and hereafter, at least 15 days
prior to the expiration of any such policy, licensee agrees to deliver
to the Borough Clerk a certified true copy of the aforesaid comprehensive
liability policy naming the Borough of Keyport as an additional insured
and including an endorsement that such insurance policy may not be
modified or canceled except upon 30 days' written notice to the Borough;
the licensee shall also deliver to the Borough Clerk evidence of payment
for the policy. Licensee shall promptly provide, at the request of
the Borough, from time to time, certification or other proof acceptable
to the Borough, that the insurance policy is in good standing and
in full force and effect.
[Ord. No. 19-07; amended 2-15-2022 by Ord. No. 3-22]
a.
If the applicant is the holder of any alcoholic beverage control license pursuant to the laws of the State of New Jersey, and has been approved as to subsection 5-15.2a. of this section, alcoholic beverages may be served and/or permitted to be consumed in the outdoor cafe area if otherwise permitted by the Alcoholic Beverage Commission. Any consumption of alcohol within an outdoor cafe authorized by this section, which has been approved as an outdoor cafe, must be consumed by the glass and no alcohol may be consumed directly from the original container. The applicant for a license to be permitted to operate an outdoor cafe must comply and ensure compliance with all other provisions for the Code of the Borough of Keyport pertaining to alcohol and the consumption thereof.
b.
All persons consuming alcohol must be seated at a table.
c.
Each licensee is responsible for keeping the area of the outdoor
cafe and the adjacent sidewalks and streets, free and clear of any
debris or litter occasioned by the cafe. Areas must be cleaned as
needed and by the time that business is closed and at the beginning
of each business day, but not later than 9:00 a.m. Failure to clean
the adjacent sidewalks and streets shall result in a doubling of the
fine under the existing litter ordinance as well as the suspension
of the license issued under this section.
d.
All tables, chairs and equipment must be properly secured and protected
from wind damage and must be removed upon 48 hour notice by Borough
officials if necessary to protect the public health and safety.
[Ord. No. 3-09]
Any receptacle or container intended for the collection and
temporary storage of donated clothing or other materials.
[Ord. No. 3-09]
Notwithstanding any other provision of the law to the contrary,
no person shall place, use or employ a clothing donation bin in the
Borough of Keyport for solicitation purposes, unless:
a.
The clothing donation bin is owned by a charitable organization registered
with the Attorney General of the State of New Jersey pursuant to P.L.
1994, c. 16 (N.J.S.A. 45:17A-18 et seq.) or the charitable clothing
donation bin is owned by a Borough approved charitable civic organization;
and
b.
The registered charitable organization has obtained a permit for
a period of one year issued by the Borough Clerk.
[Ord. No. 3-09]
The annual permit fee shall be $25 per approved bin.
[Ord. No. 3-09]
The application for obtaining a permit shall include:
a.
The location where the bin would be placed, with a map showing the
exact location, including the lot and block, and identification of
the owner of the property; and
b.
The manner in which the person anticipates any clothing or other
donations collected via the bin would be used, sold, disposed, and
the method by which the proceeds of collected donations would be allocated
or spent; and
c.
The name and telephone number of the bona fide office of any person
or entity which may share or profit from any clothing or other donations
collected via the bin, at which such person can be reached during
normal business hours. For the purposes of this section, an answering
machine or service unrelated to the person does not constitute a bona
fide office.
d.
Written consent of the property owner from the location where the
bin would be situated.
[Ord. No. 3-09]
In addition to the above application requirements in subsection 5-16.4, including the annual $25 fee per approved bin renewal applications must include:
a.
The location where the bin is placed, with a map showing the exact
location, including the lot and block, and identification of the owner
of the property, and, if the person intends to move it, the new location
where the bin would be situated after the renewal is granted, with
a map showing the exact location, including the lot and block, and
identification of the property owner and written consent from the
property owner to place the bin on his property; and
b.
The manner in which the person has used, sold, or dispersed clothing
or other donations collected via the bin, the method by which the
proceeds of collected donations have been allocated or spent, and
any changes the person anticipates it may make in these processes
during the period covered by the renewal; and
c.
The name and telephone number of the bona fide office of any person
or entity which have shared or profited from any clothing or other
donations collected via the bin, and of any entities which may do
so during the period covered by the renewal, and
d.
The total amount of pounds of the clothing collected in each bin.
[Ord. No. 3-09]
The following information shall be clearly and conspicuously
displayed on the exterior of the clothing bin:
a.
The permit number and its date of expiration shall be clearly and
conspicuously displayed on the exterior of the clothing bin; and
b.
The person, or any other entity which may share or profit from any
clothing or other donations collected via the bin, maintains a bona
fide office where a representative of the person or other entity,
can be reached during normal business hours for the purpose of offering
information concerning the person or other entity. For the purposes
of this section, an answering machine or service unrelated to the
person does not constitute a bona fide office.
[Ord. No. 3-09]
a.
The Borough of Keyport shall not grant an application for a permit
to place, use or employ a donation clothing bin if the Borough determines
that the placement of the bin could constitute a safety hazard.
b.
The Borough of Keyport shall not grant an application for a permit
to place, use or employ donation clothing bin where it interferes
with the vehicular or pedestrian circulation.
[Ord. No. 3-09]
The person or other entity responsible for placing, using or
employing a clothing donation bin shall maintain the area surrounding
the bin such that there shall be no accumulation of clothing or other
donations outside of the bin. The permit holder shall also be responsible
for the sanitary conditions in and around the bin.
[Ord. No. 3-09]
a.
If the Borough receives a complaint about a clothing bin, the Zoning
Officer shall investigate the complaint within 30 days of the filing
of the complaint. Whenever it appears to the Zoning Officer that a
person has engaged in, or is engaging in any act or practice in violation
of section 2 of P.L. 2007, c.209 (N.J.S.A. 40:48-2.61), the person
who placed the bin shall be issued a warning, stating that if the
violation is not rectified within 45 days the bin will be seized or
removed at the expense of the person who placed the bin, and any clothing
or other donations collected via the bin will be sold at public auction
or otherwise disposed of. The person who placed the bin shall have
the option to request a hearing within 45 days of the notice of violation,
which will be heard before the Planning Board, acting as the Zoning
Board of Adjustment. In addition to any other means used to notify
the person who placed the bin, such warning shall be affixed to the
exterior of the bin itself.
b.
In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, the Zoning Officer may seize the bin, remove it, or have
it removed, at the expense of the person who placed the bin, and sell
at public auction or otherwise dispose of any clothing or other donations
collected via the bin. Any proceeds from the sale of the donations
collected via the bin shall be paid to the Chief Financial Officer
of the Borough.
[Ord. No. 3-09]
In addition to any other penalties or remedies authorized by
the laws of this State, any person who violates any provision of this
section or the provisions of P.L. 2007, c.209 (N.J.S.A. 40:48-2.60
et seq.) which results in seizure of the clothing donation bin shall
be:
a.
Subject to a penalty of up to $20,000 for each violation. The Borough
Administrator may bring this action in the Municipal Court or Superior
Court as a summary proceeding under the "Penalty Enforcement Law of
1999," P.L. 1999, c.274 (N.J.S.A. 2A:58-10 et seq.). Money collected
through this proceeding shall be paid to the Chief Financial Officer
of the Borough; and
b.
The violator shall be deemed ineligible to place, use, or employ
a donation clothing bin for solicitation purposes pursuant to this
section and P.L. 2007, c.209 (N.J.S.A. 40:48-2.61). A person disqualified
from placing, using, or employing a donation clothing bin by violating
the provisions of P.L. 2007, c.209 (N.J.S.A. 40:48-2.60 et seq.) may
apply to the Zoning Board to have that person's eligibility restored.
The Planning Board, acting as the Zoning Board may restore the eligibility
of a person who:
[Added 11-9-2021 by Ord. No. 15-21; amended 3-15-2022 by Ord. No. 6-22; 10-17-2023 by Ord. No. 15-23]
a.
Purpose. This section is enacted to regulate the cultivation, production,
sale, and transportation of cannabis in the borough in accordance
with the provisions of the "New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act" comprising N.J.S.A.
24:61-31 et seq., and in accordance with the rules and regulations
of the Cannabis Regulatory Commission.
b.
Definitions. As used in this chapter, words and phrases shall have
the same meanings they have in N.J.S.A. 24:61-31 et seq., and in accordance
with the rules and regulations of the Cannabis Regulatory Commission.
c.
Cannabis Business Licenses.
1.
Laws Applicable. All applications for licenses, all licenses issued, and all proceedings under this chapter shall be in accordance with the Act, rules and regulations referred to in § 25-1-15.20 and all other applicable laws of the State of New Jersey.
2.
Issuing Authority. All licenses required by this chapter, including
renewal licenses, shall be issued by the governing body of the Borough,
which shall also administer the provisions of this chapter. The granting
of any license permitted by this chapter shall be at the sole and
absolute discretion of the governing body of the Borough. All applicants
for a Cannabis Business License shall obtain all applicable land use
approvals from the Keyport Unified Planning Board prior to applying
for a license pursuant to this chapter. All applicants shall demonstrate
adherence to all State cannabis standards.
3.
Cannabis Business License Required. No person shall cultivate, sell, or distribute cannabis within the Borough without having obtained a license in accordance with the Act referred to in § 5-17a and the provisions of this chapter.
4.
Cannabis Business License Fees — Maximum Number. The annual
license fee shall be $7,500 in Year One, which shall increase $2,500
in each anniversary year thereafter (e.g., in Year 2, the fee shall
be shall be $10,000, in Year 3, the fee shall be $12,500), which shall
be payable on the anniversary of the date that the license was issued.
The annual license fee shall not exceed $25,000. The maximum number
of licenses for the Cannabis Businesses in the geographic boundaries
of the Borough shall be two, regardless of the class of license (i.e.,
if there are two retailer licenses issued, then there shall be no
more licenses available).
The governing body of the Borough shall not be required to issue
the maximum number of licenses. The grant of a license to any Cannabis
Microbusiness shall be considered as counting towards the maximum
number of licenses.
d.
Cannabis Business License Conditions. In order to be granted a business
license for the operation of any Cannabis Business the following conditions
must be satisfied:
1.
Completion of all forms, checklists, and other submissions as may
be required by the Borough Clerk's Office;
2.
Payment of all applicable local fees, including inspection and licensing
fees;
3.
Demonstration that all applicable State licenses have been obtained;
4.
Passage of all applicable State and local inspections required to
be completed prior to the beginning of operations and/or renewal of
any State and/or local license;
5.
Submission of emergency contact information to be utilized by police,
fire, and EMT personnel in the event of an on-site emergency;
6.
Submission of a full copy of the Application for State Licensure,
via hard copy or digitally, with pages prominently marked "CONFIDENTIAL"
as appropriate for purposes of compliance with New Jersey's Open
Public Records Act (NOTE: pages not marked as confidential will be
disclosed in response to an applicable OPRA request); and
7.
Submission of an application fee of $15,000.
8.
The applicant must demonstrate financial solvency. Previous general
business experience may be considered.
9.
If the Borough is named as a party to litigation involving the businesses
for whom are issued a Cannabis Business License pursuant to this section,
the licensee agrees and acknowledges that it shall indemnify the Borough
for any and all costs associated with that litigation, which shall
include, but not be limited to, defense costs, expenses and attorney's
fees.
10.
All applicants who seek to transfer their licenses shall provide
notice to the Borough, in accordance with State law and regulations.
e.
Cannabis Subcommittee. There shall be standing Cannabis Subcommittee,
which shall review all completed submissions for any Cannabis license
and submit a recommendation to the entire governing body regarding
the grant or denial of a license. The members of the subcommittee
shall be as follows: i) Two members of council to be chosen by it;
ii) the Keyport Chief of Police; and iii) the Business Administrator
of the Borough. The terms of the councilmembers shall be for one year.
It is recommended that at least one council member remain from the
previous year's subcommittee.
f.
Regulation of Cannabis Business Licenses. Any license issued under this chapter shall conform to the requirements of § 25-1-15.20 of the Borough Code with regard to operation.
g.
Revocation of Cannabis Business Licenses.
1.
Any license issued under this chapter may be suspended or revoked
for violation of any of the provisions of this chapter or any provision
of any applicable statute or any of the rules and regulations of the
Cannabis Regulatory Commission.
2.
Notice of a hearing for the suspension or revocation of a license
shall be given in writing by the Borough Clerk. The notice shall specifically
set forth the grounds upon which the proposed revocation is based
and the time and place of the hearing. It shall be served by mailing
a copy to the licensee at his or her last known address by certified
mail, return receipt requested, at least five days prior to the date
set for the hearing.
3.
At the hearing, the licensee shall have the right to appear and be
heard, to be represented by an attorney, to present witnesses in his
or her own behalf, to cross-examine opposing witnesses and to have
a permanent record made of the proceedings at his or her own expense.
The Council shall revoke or suspend the license if they are satisfied
by a preponderance of the evidence that the licensee is guilty of
the acts charged.
4.
Suspension or revocation of a license shall be in addition to any
other penalty which may be imposed for a violation of this chapter.
h.
Penalties. In the absence of State specified penalties, the Borough
may issue fines to any person violating any provision of this section,
upon conviction, up to $2,500 for a first offense, $5,000 for a second
offense, and $10,000 for a third offense.
