Editor's Note: The general power to license and to prescribe
license fees is contained in N.J.S.A. 40:52-1, 2. Licensing is also
a part of the general police power granted by N.J.S.A. 40:72-3 and
N.J.S.A. 40:48-2.
[1966 Code § 7-1; Ord. No. 1991-1 § 16; Ord. No. 2007-11 § I]
For the purposes of this Chapter:
Shall mean any automatic vending machine used so the customers
can access their bank accounts in order to make cash withdrawals (or
credit card cash advances) and conduct other banking/financial activities.
Shall mean all kinds of vocations, occupations, professions,
enterprises, establishments and all other kinds of activities and
matters, together with all devices, machines, vehicles and appurtenances
used therein, any of which are conducted for private profit or benefit,
either directly or indirectly, on any premises in the Borough. This
definition shall apply to any of the above included businesses which
provide their services or products to customers located within the
Borough even though that business does not operate out of a location
within the Borough; unless that business is otherwise licensed or
regulated by the State or any subdivision or agency thereof, any county
or municipality or subdivision or agency thereof.
Shall mean any person, traveling either by foot, wagon, automobile,
motor truck or any other type of conveyance, from place to place,
from house to house, or from street to street, taking or attempting
to take orders for sales of goods, wares and merchandise, personal
property of any nature whatsoever for future delivery, or for services
to be furnished or performed in the future, whether or not such person
has, carries or exposes for sale a sample of the subject for such
sale, or whether or not such person is collecting advance payments
on such sales. Further, these terms shall include any person who hires,
leases, uses, or occupies any building, structure, tent, railroad
boxcar, boat, hotel room, lodging house, apartment, shop or any other
place within the Borough for the sole purpose of exhibiting samples
and taking orders for future delivery.
Shall mean any automatic vending machine used for the sale
of cigarettes, cigars, tobacco and/or matches and controlled by the
insertion of a coin or coins.
Shall mean and include any printed or written matter, any
sample or device, dodger, circular, leaflet, pamphlet, paper, booklet
or any other printed or otherwise reproduced original or copies of
any matter or literature:
Which advertises for sale any merchandise, product, commodity
or thing; or
Which directs attention to any business or mercantile or commercial
establishment or other activity for the purpose of either directly
or indirectly promoting the interests thereof by sales; or
Which directs attention to or advertises any show, theatrical
performance, exhibition or event of any kind for which an admission
fee is charged for the purpose of private gain or profit; or
Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for private benefit or gain
of any person so engaged as advertiser or distributor.
Shall mean a sale held out in such a 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.
Includes all housing units, including apartments, garage
apartments, efficiency units, bungalows, single or multiple housing
units or dwellings, used or occupied for temporary or seasonal residential
purposes. For purposes of this section, temporary or seasonal use
shall be defined as set forth in subsection 20-2.58.
Shall mean a sale held in such a manner as to reasonably
cause the public to believe that upon the disposal of the stock and
goods on hand, the business will cease and be discontinued, including
but not limited to the following sales: adjusters; adjustments; alterations;
assignees; bankrupts; benefit of administrators; benefit of creditors;
benefit of trustees; building coming down; closing; creditors' committee;
creditors; end; executors; final days; forced out; forced-out-of-business;
insolvents; last days; lease expirations; liquidations; loss of lease;
mortgage sales; receivers; trustees; quitting business.
Shall mean and include any person engaged in distributing
commercial or noncommercial handbills, other than newspapers distributed
to subscribers thereof, for himself/herself or any other person, upon
any of the public and private streets, places and premises other than
his/her own premises, in the Borough. This section shall not prohibit
sale of newspapers regularly published, through newsboys, newsmen
or from news store premises in the Borough.
Shall mean any tag, plate, badge, emblem, sticker or any
other kind of device which may be required for any use in connection
with any license.
Shall mean any music vending machine, contrivance or device,
which, upon the insertion of a coin, slug, token, plate, disc or key
into any slot, crevice, or other opening, or by the payment of any
price, operates or may be operated for the emission of songs, music
or similar amusement.
Shall mean any machine, operated mechanically, electrically
or otherwise, which upon the insertion of a coin, slug, token, plate
or disc, may be operated by the public generally for use as a game,
entertainment or amusement, whether or not registering a score. It
shall include such devices as marble machines, pinball machines, skill
ball, mechanical grab machines and all games, operations or transactions
similar thereto under whatever name they may be included.
Shall mean and include any printed matter or written matter,
any sample or device, dodger, circular, leaflet, pamphlet, magazine,
paper, booklet, or any other printed or otherwise reproduced original,
or copies of any letter or literature not included in the aforesaid
definition, on a commercial handbill.
The aforegoing definitions of "commercial handbill" and "noncommercial
handbill" shall not include any newspaper of general circulation as
defined by general law or any religious handbook, magazine, newspaper
or periodical.
Shall mean any person, traveling by foot, wagon, automotive
vehicle, or any other type of conveyance, from place to place, from
house to house, or from street to street, carrying, conveying or transporting
goods, wares, food, liquids, merchandise, meats, fish, vegetables,
fruits, garden truck, farm products or provisions, offering and exposing
the same for sale, or making sales and delivering articles to purchasers
or who, without traveling from place to place, shall sell or offer
the same for sale from a wagon, automotive vehicle, railroad car or
other vehicle or conveyance, or a person who solicits orders and as
a separate transaction makes deliveries to purchasers as part of a
scheme or design to evade the provisions of this Chapter. The term
"peddler" shall include the words "hawker" and "huckster."
Shall mean all land, structures, places, and also the equipment
and appurtenances connected or used therewith in any business, and
also any personal property which is either affixed to or is otherwise
used in connection with any such business conducted on such premises.
Is 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 and goods on hand and then move to and resume business at a
new location within the Borough of Belmar or will then continue business
from other existing locations in the Borough.
Shall mean any person, whether as owner, agent, servant,
employee or consignee, who engages in a temporary business of selling
and delivering goods, wares and merchandise within the Borough, and
who in furtherance of such purposes hires, leases, uses or occupies
any building, structure, motor vehicle, tent, railroad boxcar, boat,
public rooms in hotels, lodging houses, apartments, shops or any street,
alley or other public place within the Borough, for the exhibition
and sale of such goods, wares and merchandise, either privately or
at public auction.
Shall include any machine or device, whether automatic or
not, controlled by the insertion of a coin or coins for the vending
of service, food, liquids, confections, goods, wares, merchandise
or articles of any type, kind or description.
[1966 Code § 7-2.1; Ord. No. 1991-1 § 16]
No person shall either directly or indirectly conduct any business
as defined in this Chapter unless a license or a permit therefor is
first procured and kept in effect at all such times as required by
this Chapter or any other law or ordinance of the Borough. For the
purposes of this Chapter, any person shall be deemed to be engaged
in conducting a business and subject to the provisions of this Chapter
when he/she does any or all of the following acts:
a.
Sells any good or services.
b.
Solicits business or offers goods or services for sale or for hire.
c.
Uses any vehicle, machine or device or any premises in the Borough
for business purposes.
d.
Uses, or allows the use of any premises in the Borough as a hotel,
boarding house, rooming house or lodging house, or rents, lets or
leases any furnished or unfurnished housing or living unit for temporary
or seasonal residential purposes.
[1966 Code § 7-2.2; Ord. No. 1991-1 § 16; Ord. No. 1992-22 § 1; Ord. No. 2016-04 § 1]
Every person required to procure a license or permit under the
provisions of this Chapter shall submit an application for such license
or permit to the Borough Clerk at the Municipal Building of the Borough,
which application shall be accompanied by the full amount of the fees
chargeable for the license sought. In addition to any special requirements
for specific licenses, as otherwise provided by Borough ordinance,
all applications for a license under the provisions of this Chapter
shall be by a written statement upon the forms provided by the Borough
Clerk and shall contain the following:
a.
Any previous revocation or suspension and the reasons therefor.
b.
Statement that applicant is not violating the Zoning Regulations
of the Borough. If applicant occupies a nonconforming use, proof of
date of occupancy and operation must be given.
c.
Statement that applicant is not in default under the provisions of
this Chapter, and is not indebted or obligated to the Borough; and,
if the applicant is the owner of the property, a statement that the
property taxes have been paid through the preceding quarter and that
there are no unpaid assessments against the property.
d.
Such other facts relative to the general personal history of the
applicant, or its officers and managers if the applicant is not an
individual, so as to enable the Borough license officer to make a
fair determination of the eligibility of the applicant.
e.
Name of person to whom license will be issued and his/her residence
address. If applicant is not an individual, then the names, positions
and residence addresses of all officers and managers of the applicant.
f.
The premises at which the business is to be carried on and the name
and address of the owner of the premises.
g.
Where applicable, if the applicant does not reside or have its principal
business office in the Borough, the name and address of the agent
of the applicant located in the Borough, who is authorized to accept
service of process, summonses, any notices or orders in connection
with the issuance of and operation under any license issued under
this section on behalf of the applicant, and to comply with same on
behalf of the applicant.
h.
Where applicable, a floor plan of the premises to be licensed designating
the number of occupants permitted in each room for sleeping purposes.
i.
The statement of information required under this subsection shall
be verified under oath, containing the signature of the applicant
or agent, each of whom shall be equally responsible for the truthfulness
and accuracy of the information set forth in the statement.
If during the term of the license any of the information stated
on the application changes, the applicant shall complete an amendatory
application within 10 days of the occurrence of the change.
Failure to truthfully disclose any information on the application
or make any necessary amendments shall be grounds for suspending or
terminating the license issued under the application, as well as any
other penalties provided by law or equity.
j.
A statement, in the case of a property used for residential purposes, that the property is not one that has been subject to proceedings under Section 26-11, et seq., the "Animal House" Ordinance, in which any person or entity was required to post the maximum amount of bond permitted thereunder during the last licensing term. Where no such statement may be provided by and certified to by the applicant, no renewal of the mercantile license shall be had for a term of 12 months.
[1966 Code § 7-2.3; Ord. No. 1991-1 § 16]
Applications for renewal or transfer of a license shall follow
the same procedure as is outlined for an original application.
On transfer of location of a licensed business to a new location
within the Borough, or on sale of a going business remaining in the
Borough, licenses may be transferred, provided the annual license
fee for the year has been paid and a transfer fee of $5 is paid to
the Borough Clerk.
[1966 Code § 7-2.4; Ord. No. 1991-1 § 16]
A duplicate license may be issued by the Borough Clerk to replace
any license previously issued, which license has been lost, stolen,
defaced or destroyed without any willful conduct on the part of the
licensee, upon the filing by the licensee of an affidavit sworn to
before a Notary Public of the State of New Jersey attesting to such
fact and the payment to the Borough Clerk of a fee of $5.
[1966 Code § 7-2.5; Ord. No. 1991-1 § 16]
No license or renewal thereof shall be issued to a person not
of good moral character. If applicant is not an individual these provisions
shall apply to its officers and managers.
[1966 Code § 7-2.6; Ord. No. 1991-1 § 16; amended 10-19-2021 by Ord. No. 2021-32]
Upon written request of a Code Enforcement Officer or the Borough
Clerk, the Chief of Police shall ascertain if any applicant has any
criminal record and report, in writing, affirmatively or negatively
thereon within seven days after the request is made, indicating in
his or her report his or her approval or disapproval of the granting
of a license and giving his/her reason therefor.
[1966 Code § 7-2.7; Ord. No. 1991-1 § 16; amended 10-19-2021 by Ord. No. 2021-32]
After submission of the application and the required fees to
the Borough Clerk, a Code Enforcement Officer shall make any investigation
necessary and shall indicate his/her written approval or disapproval
of the license application within 10 days after the application is
filed with the Borough Clerk. If approved, the license shall issue
forthwith in the name of the Borough Clerk. If disapproved, the Code
Enforcement Officer shall forthwith notify the applicant and the Borough
Clerk, in writing, of such disapproval and the reasons therefor, and
the applicant shall have 10 days from receipt of notice of disapproval
to appeal from the decision of the Code Enforcement Officer to the
Borough Council, who, after due hearing, can affirm or reverse the
decision of the Code Enforcement Officer.
[1966 Code § 7-2.8; Ord. No. 1991-1 § 16]
Each license issued under the provisions of this Chapter shall
state upon its face the following:
a.
The name of the licensee and any other name under which such business
is to be conducted.
b.
The kind and address of each business so licensed.
c.
The mount of licensee fee therefor.
d.
The dates of issuance and expiration thereof.
e.
Such other information as aCode Enforcement Officer shall determine.
[Amended 10-19-2021 by Ord. No. 2021-32]
[1966 Code § 7-2.9; Ord. No. 1991-1 § 16; Ord. No. 1992-30 § 1]
In addition to the provisions hereinafter set forth covering
specific licensed operations, every licensee under this Chapter shall:
a.
Permit all reasonable inspections of his/her business.
b.
Permit access to the licensed premises at all reasonable times by
a Code Enforcement Officer.
[Amended 10-19-2021 by Ord. No. 2021-32]
c.
Ascertain and at all times comply with all laws and regulations applicable
to such licensed business.
d.
Avoid all forbidden, improper, unlawful or unnecessary practices,
businesses or conditions which do or may affect the public health,
morals or welfare.
e.
Refrain from operating the licensed business on premises after expiration
of his or her license and during the period when his or her license
is revoked or suspended.
f.
Post and maintain his or her license upon the licensed premises in
a place where it may be seen at all times.
g.
Not lend, sell, give or assign to any other person to use and display,
or destroy, damage or remove, or have in his or her possession, any
license or insignia which has been issued to the licensee except as
authorized by a Code Enforcement Officer or by law.
[Amended 10-19-2021 by Ord. No. 2021-32]
h.
Every licensee who operates a business, sells any goods or services,
and/or who offers goods or services for sale or hire at a fixed location
wherein off-street parking facilities are provided shall be required
to construct and maintain such off-street parking facilities in accordance
with the Guidelines for Off-Street Parking Requirements for Non-Residential
Land Uses and the Paving Specifications for Parking Areas and Isles
as set forth in the Development Regulations of the Borough; provided
further that all approvals under the aforesaid specifications and
guidelines shall only require the approval of the Borough Engineer,
and no licensee need comply with the requirements of this provision
if the licensee, or his predecessor or owner of the property, has
previously received site plan and/or subdivision approval since 1966
under the then applicable Borough Development Regulations requiring
compliance with Borough standards for off-street parking facilities.
[1966 Code § 7-2.10; Ord. No. 1991-1 § 16; Ord. No. 1991-4 § 1]
a.
All license fees, except for furnished or unfurnished rented housing
or living units occupied for temporary or seasonal residential purposes,
shall be due and payable with the submission of an application for
an original license, or renewal, on or before December 1 of the preapplication
year.
b.
License fees for furnished or unfurnished rental housing or living
units occupied for temporary or seasonal residential purposes shall
be paid upon filing of the application for renewal thereof.
[1966 Code § 7-2.11; Ord. No. 1991-1 § 16]
No rebate or refund of any license fee or any part thereof shall
be made by reason of retirement of licensee from business or by reason
of the nonuse of such license for all or any portion of the licensed
year, or by reason of a change of location or business or by reason
of fire or other accident or other casualty rendering the use of such
license ineffective.
[1966 Code § 7-2.12; Ord. No. 1991-1 § 16]
It shall be the duty of the Chief of Police, the Borough License
Officer and any police officer of the Borough to examine all places
of business and all persons of the Borough to determine if this Chapter
has been complied with and to enforce the provisions of this Chapter
against any person found to be violating the same.
[1966 Code § 7-2.13; Ord. No. 1991-1 § 16]
No license shall be required of any person for any mere delivery
in the Borough of any property purchased or acquired in good faith
from such person at his or her regular place of business outside of
the Borough where no intent by such person is shown to exist to evade
the provisions of this Chapter.
[1966 Code § 7-2.14; Ord. No. 1991-1 § 16]
The Borough Council may authorize the issuance of special permits
without the payment of any license fees or other charge therefor to
any public, charitable, educational, literary, fraternal or religious
organization for the conduct or operation of a temporary nonprofit
enterprise for a public, charitable, educational, literary, fraternal
or religious purpose. However, applicant shall submit the usual application
form in the manner as hereinbefore required and shall operate, if
granted a permit, in accordance with the requirements of this Chapter.
[1966 Code § 7-2.15; Ord. No. 1991-1 § 16]
a.
Special Requirements. For a "going-out-of-business sale" or a "removal
sale" or a "fire or other altered goods sale," no person shall be
granted a license unless the required fees are paid and the following
special requirements, in addition to all other provisions of this
Chapter, are met and complied with:
1.
He or she has been the owner of a business as described in the application
for a license hereunder for a period of at least six months prior
to the date of the proposed sale.
2.
He or she has not held a similar sale at the location stated in the
application within one year previous to the date of such application.
3.
It applied to only one business and is not conducted or advertised
in cooperation or by participation with any other business.
4.
He or she shall file with the Licensing Officer a complete inventory
of goods that are to be offered for sale.
b.
Coverage. In cases covered by paragraph a above, the license issued
hereunder shall:
1.
Authorize only one type of sale described in the application at the
location named therein.
2.
Authorize only the sale of goods described in the inventory filed
with the Licensing Officer and shall forbid additions or replacements.
3.
Continue for a period not exceeding three months from the date of
granting of license and shall not be renewable, assignable or transferable.
[1966 Code § 7-3.1; Ord. No. 1991-1 § 16; Ord. No. 1994-7 § 1; Ord. No. 2002-07]
No person shall conduct a business as a transient merchant,
itinerant merchant, itinerant vendor, peddler, canvasser, solicitor
or handbill distributor, as defined in this Chapter, unless a permit
or license therefor is first procured and kept in effect at all such
times as required by this Chapter or any other law or ordinance of
the Borough, required fees are paid and all provisions of this Chapter
are met.
A veteran or exempt fireman who has been issued and currently
possesses a valid license pursuant to N.J.S.A. 45:24-9 et seq., shall
not be required to obtain a license or permit under this Chapter;
said veteran or exempt fireman shall be required to comply with the
terms of this Chapter which regulate the hawking, peddling and vending
on public streets and highways in accordance with said statute and
this section and shall permanently display license upon his person.
[1966 Code § 7-3.2; Ord. No. 1991-1 § 16; Ord. No. 1992-2 § 1, 2]
In addition to the requirements of subsection 20-2.2 of this Chapter, persons applying for licenses as transient merchants, itinerant merchants, itinerant vendors, peddlers, solicitors, canvassers or handbill distributors shall furnish this further information on their respective applications or attach the same thereto.
a.
A listing of all misdemeanors, felonies or violations of any municipal
ordinances for which applicant has been convicted, the nature of the
offense and the punishment assessed therefor. If applicant is not
an individual these provisions shall apply to its officers and managers.
b.
The place or places in the Borough where applicant proposes to carry
on business, peddle, solicit, canvass or distribute, and the length
of time he or she proposes to do so.
c.
The place or places within or without the Borough where applicant,
within two years next preceding the date of the application, did carry
on business, peddle, solicit, canvass or distribute.
d.
A statement of the nature, character and quality of the goods, wares
or merchandise to be sold or offered for sale, where manufactured
and located, and proposed method of delivery.
e.
A brief statement of the nature and character of the advertising
done or proposed to be done in order to attract customers.
f.
Credentials from the person, firm or corporation for which the applicant
proposes to do business, authorizing the applicant to act as such
representative.
g.
Such other reasonable information as to the identify or character
of the person or persons having the management or supervision of the
applicant's business, or the method or plan of doing such business
as the Borough License Officer may deem proper to fulfill the purposes
of this Chapter in the protection of the public good.
h.
A photograph of the applicant taken within 30 days immediately prior
to the date of filing of the application, which picture shall be two
inches by two inches showing the head and shoulders of the applicant
in a clear and distinguishing manner.
i.
If a vehicle is to be used, a description of the same, together with
the license registration number or other means of identification.
j.
If a vehicle, as defined in subsection 20-6.2 is used which is not a motor vehicle, or is not licensed or registered by any other government agency, or regulated by any other law, then the Borough license number for the use thereof shall be conspicuously displayed on the vehicle, and if together with a current certificate from the County Board of Health showing that the vehicle, etc., has been inspected and approved for use by the Board of Health.
k.
A photograph of each person to be licensed whether self-employed
or in the employ of others licensed under this subsection, and the
photograph and license prepared by the Police Department to be on
file with the license application and prominently displayed on the
hat or outer garment of the licensee.
[1966 Code § 7-3.3; Ord. No. 1991-1 § 16; amended 7-20-2021 by Ord. No. 2021-23]
a.
All licenses
and licensees under this section are subject to the provisions and
regulations of this chapter, and each licensee shall, in addition,
be required to carry at all times and display to any person upon request
his license and identification. Further, it shall be the duty of the
Chief of Police, a Code Enforcement Officer and any police officer
of the Borough to require any person seen peddling, soliciting, canvassing
or distributing, as defined in this chapter, who is not known by such
officer to be duly licensed, to produce his/her peddler's, solicitor's,
canvasser's or distributor's license, as the case may be.
[Amended 10-19-2021 by Ord. No. 2021-32]
[1966 Code § 7-3.4; Ord. No. 1991-1 § 16; Ord. No. 1991-22 § 1; Ord. No. 1994-7 § 1; Ord. No. 2002-07]
The practice of going in and upon private residences in the
Borough of Belmar, County of Monmouth, State of New Jersey, by transient
merchants, itinerant merchants, itinerant vendors, peddlers, canvassers,
solicitors, salesmen or others of like occupation, not having been
requested or invited so to do by the owner or owners, occupant or
occupants of said private residences, for the purpose of soliciting
orders for the sale of goods, wares and merchandise, magazines, services
or the like, or for the purposes of disposing of or hawking the same,
is hereby declared to be a nuisance, is prohibited and punishable
as herein provided.
The following restrictions apply to the times and locations
and manner in which peddlers, solicitors, hawkers, or itinerant vendors
or merchants may display their goods or sell or offer for sale any
goods or service:
a.
No one may display their goods, sell or offer for sale any goods
or service in any residential zone or any park, playground or recreation
area before 8:00 a.m. and after 10:00 p.m. prevailing time and no
one shall display their goods, sell or offer to sell any goods or
services within 200 feet of any school, between 8:30 a.m. and 3:30
p.m. during any school year;
b.
No one may display their goods, sell or offer for sale any goods
or service from any fixed location which:
1.
Substantially restrict, obstruct, interfere with or impede the pedestrian's
right of way;
2.
Substantially restrict, obstruct, interfere with or impede the ingress
or egress from the abutting property;
3.
Create or become a nuisance;
4.
Increase traffic congestion, cause or increase traffic delay or hazards;
5.
Cause or create or constitute a danger to life, health or property;
6.
Sell food, drinks, ice cream or confections of any kind for immediate
consumption unless he has available for public use his own litter
receptacle which shall be clearly marked and maintained for his patronage
use and no one shall leave any location without first picking up,
removing and disposing of any trash or refuse remaining from sales
made, and violate applicable municipal health regulations, except
pursuant to a special one-day permit issued for that purpose by the
Borough pursuant to a resolution of the Borough Council in conjunction
with a special event. Nothing contained in this section shall be deemed
to prohibit any duly licensed, non-itinerant retail merchant from
displaying outdoors on premises leased or owned by him the same goods
that the merchant displays within his premises, provided that such
displaying of goods is in conformance with existing law affecting
the use and occupancy of any such premises;
c.
No one may display their goods, sell or offer for sale any goods or services on or in the beachfront, boardwalk, Ocean Avenue or any public right-of-way within 150 feet of Ocean Avenue, the commercial district as defined in the Development Ordinance, Chapter 32, or the marina, or any other public property or any other part of the public right-of-way between the curbline on the public street, road or highway on the public right-of-way boundary line which are part of the above locations; however, the regulations and prohibitions contained in this section, with the exception of those pertaining to the boardwalk and beachfront, shall not apply to veterans or exempt firemen possessing a valid license issued pursuant to N.J.S.A. 45:24-9 et seq.;
d.
No one may display their goods, sell or offer for sale any goods
or service while on the public street, road, or highway unless the
vehicle, pushcart, or device utilized for display, transportation
and sale of goods complies with all the requirements of N.J.S.A. 39:3-64.1,
regardless of whether such vehicle, pushcart or device is a motor
vehicle or not, provided, no one shall use any device of the dimensions
of which exceed three feet in width, four feet in length and four
feet in height including wheel height, while conducting business as
permitted herein and no one shall set up, attach, place or permit
the use of any table, crate, carton, rack, or device or structure
of any kind to increase the selling or display capacity of a cart;
e.
No one may stop at any time for the display, sale or offer of sale
of goods or service:
1.
Within 50 feet of any intersection, or at any place in the roadway
more than 10 feet from the curbline, aside or behind any parked vehicle
so as to be double parked;
2.
In any such position that the licensee or his customers block or
reduce the unobstructed pedestrian right-of-way to less than six feet
or impede the flow of pedestrian or vehicular traffic; however, the
Department of Engineering may, by regulation, change the width of
the pedestrian right-of-way space required, as circumstances warrant;
3.
Within 15 feet of any crosswalk, fire hydrant or driveway in front
of any fire lane or loading zone, Fire Department stand pipe (connection);
4.
Within 100 feet of another licensee; however, this prohibition shall
not apply to veterans or exempt firemen possessing a valid license
issued pursuant to N.J.S.A. 45:24-9 et seq.; or
5.
Against display windows of any fixed location businesses or be within
20 feet from an entranceway to any building, store, theater, library,
school, museum, movie house, sports arena or other place of public
assembly;
f.
No one may remain in one place for more than 1/2 hour before relocating
to a new location which is at least 200 feet in distance from the
last location. No one shall operate from any location more than once
in any twenty-four-hour period; however, this prohibition shall not
apply to veterans or exempt firemen possessing a valid license issued
pursuant to N.J.S.A. 45:24-9 et seq.;
g.
Goods, merchandise, sales and service may not be sold, delivered,
or distributed to anyone standing or stopping in the public crosswalk,
or on the street, road or highway. Customers shall be served on that
portion of the public right-of-way between the curb and sidewalk.
If the sidewalk extends to the curb, customers shall be served on
that portion of the sidewalk closest to the curb so as not to block
pedestrian traffic on the sidewalk. No one shall use any cart which
cannot be easily moved and maintained under control by the licensee
at all times.
h.
No one may display, sell or offer for sale goods or services through
annoying sounds which interfere with the comfort of the public or
use of gong bells or other instruments or devices including but not
limited to sound amplifiers, whether manual or automatic, to attract
the attention of the public.
i.
No one shall leave any cart unattended at any time or store, place
or leave the same overnight on any sidewalk.
j.
No one may display, sell or offer goods or services on any sidewalk
within 10 feet of a designated bus stop.
[1966 Code § 7-4.1; Ord. No. 1991-1 § 16; Ord. No. 2007-11 § 1]
No person shall operate or distribute or put to use any cigarette vending machine, vending machine, automated teller machine (ATM) or jukebox, as defined in Section 20-1, without first having applied for and obtained a license or permit therefor in accordance with the provisions and fee requirements of this Chapter.
[1966 Code § 7-4.2; Ord. No. 1991-1 § 16; Ord. No. 2007-11 § I]
In addition to meeting all provisions and complying with all
regulations of this Chapter, each licensee under this section shall
permanently and conspicuously post the license or licenses issued
hereunder at the location of the cigarette vending machine, vending
machine, automated teller machine (ATM), or jukebox in the premises
wherein the same is to be operated or maintained and shall have affixed
thereto any insignia delivered for use upon the outside of the same
so that the insignia may be seen at all times.
[Ord. No. 2007-11 § I]
No vending machines shall be placed, installed, used or maintained out-of-doors on any right-of-way, public area or public walkway, except for newspaper vending machines as specified under Section 20-10.
[Ord. No. 2007-11 § I; Ord. No. 2010-07 § I]
Only one Automated Teller Machine (ATM) per business may be
placed outside of the business and must be placed within six inches
of the outside structure of building (columns, lanais, decks, or non-enclosed
porches are not considered part of the outside structure). No machine
shall be placed, installed or maintained on any right-of-way or public
walkway, nor may any machines be located inside or outside Borough
property unless approved by Mayor and Council. There is not a limit
to the number of ATMs that can be located inside of a business, however,
all ATMs inside of a business shall be located not closer than 15
feet from the public entrance/exit to the business.
[Ord. No. 2007-11 § I]
No ATM signs are allowed except one attached to the machine
itself. The size of this sign is not to be bigger than 20% of the
front side of the machine.
[1966 Code § 7-5.1; Ord. No. 1991-1 § 16; Ord. No. 2014-12]
The Borough of Belmar constitutes a seashore resort with parts
thereof customarily constituting an amusement or entertainment area
according to the customary understanding of terms in the community.
Those amusement or entertainment areas are more particularly described
as follows:
a.
The west side of Ocean Avenue to a depth of 150 feet between Fourth
Avenue and Fifth Avenue and between Eighth Avenue and Fifteenth Avenue.
b.
The east side of Ocean Avenue on the boardwalk between Tenth Avenue
and Eleventh Avenue.
c.
The east side of Main Street between Eleventh Avenue and Twelfth
Avenue and only 150 feet of depth from the easterly line of Main Street.
[1966 Code § 7-5.2; Ord. No. 1991-1 § 16]
No person shall own or operate within the Borough any amusement
game or games, as those terms are defined by the "Amusement Games
Licensing Law," (Chapter 109, P.L. 1959), without first having obtained
a license from the Borough Council, which shall have and exercise
control and supervision over all amusement games licensed hereunder,
with all of the powers authorized or granted to it under the above-cited
law and the rules and regulations of the State Amusement Games Control
Commissioner.
[1966 Code § 7-5.3; Ord. No. 1991-1 § 16]
The license shall be issued pursuant and subject to the provisions
of the "Amusement Games Licensing Law" and shall be limited to Permissible
Amusement Games Certification No. 2, as provided by amusement games
regulations issued by the Office of Amusement Games Control of the
Department of Law and Public Safety of the State of New Jersey, and
shall consist of arcade games wherein a single player upon payment
of a fee is permitted to play a machine or device to obtain a prize
or attain a score upon the basis of which a prize is awarded. No other
games shall be permitted or licensed.
[1966 Code § 7-5.4; Ord. No. 1991-1 § 16]
Each applicant for such a license shall file with the Borough
Clerk a written application in such form as prescribed by and in accordance
with the "Amusement Games Licensing Law," as amended and supplemented,
and the rules and regulations promulgated by the Amusement Games Control
Commissioner of the State of New Jersey.
[1966 Code § 7-5.5; Ord. No. 1991-1 § 16]
The fee for the type of licenses to be issued under this section
shall be $400 for the first 50 units or less; and an additional $8
for each unit over 50.
[1966 Code § 7-5.6; Ord. No. 1991-1 § 16]
In addition, each applicant shall pay a fee of $2 for fingerprinting
and issuance of identification cards, under the rules and regulations
promulgated by the Amusement Games Control Commissioner, for each
licensee and each employee of the licensee.
[1966 Code § 7-5.7; Ord. No. 1991-1 § 16]
All licenses and licensees under this section shall be subject
to the rules and regulations of this Chapter, and in addition all
licensees shall permanently and conspicuously post the license or
licenses issued hereunder at the location of the mechanical amusement
device, amusement game or amusement device covered by this section
in the premises wherein the same are to be operated or maintained.
Each device, machine or game shall have affixed thereto any insignia
delivered for use upon the outside of the same so that the insignia
may be seen at all times.
[1966 Code § 7-5.8; Ord. No. 1991-1 § 16]
In the event any licensee under this section shall violate any
of the provisions of this section or any other provision of this Chapter,
such licensee shall be a disorderly person, and if convicted as such
shall in addition to suffering any other penalties which may be imposed
by law or any other provision of this Chapter, forfeit any license
issued hereunder to that licensee.
[1966 Code § 7-6.1; Ord. No. 1991-1 § 16; Ord. No. 1995-14 § 1; Ord. No. 2004-13; Ord. No. 2007-11 § I; Ord. No. 2009-03 § II]
The license fees to be paid annually, unless otherwise specified,
for conducting the business or businesses herein named at the premises
to be designated in the license or licenses issued under this Chapter,
shall be as follows:
|
Automated Teller Machines (ATM)
|
$100
|
|
Automatic slot amusement machines, each
|
$25
|
|
Automatic weighing machines, each
|
$5
|
|
Automobile accessories and parts
|
$40
|
|
Automobile agency or showrooms, each place for sale of new cars
|
$80
|
|
Automobile agency or showroom, each place for sale of used cars
|
$40
|
|
Bakery or pastry shop, retail
|
$40
|
|
Bakery or pastry shop, retail and wholesale
|
$80
|
|
Barber shop
|
$20
|
|
Bath houses providing only showers and changing stalls for bathers
|
$80
|
|
Bath houses providing other services
|
$40
|
|
Bottlers or distributors of beverages or agents or representatives
thereof
|
$80
|
|
Boats, charter, for hire, each
|
$20
|
|
Boats, party, for hire, each
|
$40
|
|
Bus terminal
|
$100
|
|
Cigars, cigarettes and tobacco, candy and sundries, wholesale
|
$80
|
|
Cleaning, pressing or dyeing, retail
|
$40
|
|
Cleaning, pressing or dyeing, wholesale
|
$80
|
|
Clothing, repairing and reweaving
|
$20
|
|
Combined retail and wholesale, cleaning, etc.
|
$80
|
|
Coal, oil, wood, fuel, gasoline, petroleum or ice dealer:
| |
|
Running less than 3 vehicles
|
$40
|
|
Running 3 and no more than 6 vehicles
|
$80
|
|
Running more than 6 vehicles
|
$120
|
|
Cold storage plant with public service or not
|
$80
|
|
Department store:
| |
|
Up to 5,000 square feet sale area
|
$40
|
|
From 5,001 square feet to 7,500 square feet of sale
area
|
$80
|
|
Over 7,500 square feet sales area
|
$160
|
|
Driving school, each vehicle
|
$20
|
|
Electrical appliances and supplies:
| |
|
Retail
|
$40
|
|
Wholesale
|
$80
|
|
Retail and wholesale
|
$80
|
|
Fish and fish products:
| |
|
Retail
|
$40
|
|
Wholesale
|
$80
|
|
Retail and wholesale
|
$80
|
|
Fire and other altered goods sales, each sale, per day
|
$5
|
|
$0.05 and $0.10 stores and similar establishments:
| |
|
Up to 5,000 square feet of sale area
|
$40
|
|
From 5,001 square feet to 7,500 square feet of sale
area
|
$80
|
|
Over 7,500 square feet of sale area
|
$100
|
|
Food stores and markets:
| |
|
Up to 3,000 square feet of sale area
|
$40
|
|
From 3,001 to 4,000 square feet of sales area
|
$80
|
|
From 4,001 to 5,000 square feet of sales area
|
$160
|
|
From 5,001 to 7,000 square feet of sales area
|
$320
|
|
Over 7,000 square feet of sales area
|
$560
|
|
Furniture:
| |
|
Up to 5,000 square feet of sales area
|
$40
|
|
From 5,001 to 7,500 square feet of sales area
|
$80
|
|
Over 7,500 square feet of sales area
|
$160
|
|
Going-out-of-business sale, for each sale, per day
|
$5
|
|
Jukeboxes, each
|
$10
|
|
Junk collectors by wagon or truck, each vehicle
|
$60
|
|
Kiddie or children amusement rides, each ride or amusement
|
$50
|
|
Laundry, collections and distributing agencies, each place or
vehicle
|
$40
|
|
Laundry, self-service
|
$40
|
|
Low speed vehicle rental business
|
$100
|
|
License per vehicle, each
|
$25
|
|
Lumber yard and supply yard
|
$160
|
|
Manufacturing or assembling plant
|
$80
|
|
Meats or poultry:
| |
|
Retail
|
$40
|
|
Wholesale
|
$80
|
|
Mechanical amusement devices, each
|
$10
|
|
Pinball or similar machines, each
|
$10
|
|
Ping pong, each table
|
$10
|
|
Plumbing, steam and gas fitting supplies, wholesale
|
$80
|
|
Pool and billiard tables, each table
|
$10
|
|
Removal of business sale, for each sale, per day
|
$5
|
|
Restaurant or diner, each
|
$40
|
|
Shoe repair
|
$20
|
|
Shooting gallery
|
$500
|
|
Shows and amusements, open air
|
$500
|
|
Upholstery repairs
|
$20
|
|
Variety stores shall be charged at the same rate as $0.05 and
$0.10 stores
|
$40
|
|
Vending machines, each
|
$25
|
|
All businesses not classified or enumerated, each
|
$40
|
[1966 Code § 7-6.2; Ord. No. 1991-1 § 16; Ord. No. 1992-2 § 3; Ord. No. 1994-7 § 3]
The fees for all businesses, services or enterprises not conducted
at fixed locations, including but not limited to: Advertising bill,
circular and samples distributors, each person; Advertising and demonstration
buses, wagons, or vehicles (sample distributors), each vehicle and
person; Book and soliciting agents selling books or magazines or periodicals
by subscription, each person; Canvassers, each person; Handbill distributors,
each person; Itinerant and/or transient hucksters, hawkers, merchants,
peddlers, and/or vendors, each person and/or each vehicle; Solicitors,
each person; shall be charged for each person employed or participating
in each business, service or enterprise a fee as set forth below.
Vehicle is defined for purposes of this Chapter as anything
designed, intended for, or used for the purposes of carrying or storing
persons, merchandise, products or paraphernalia for sale or distribution
which is portable, moveable, or mobile, and whether motorized, on
wheels or not.
The fees for each license per person and per vehicle use within
the Borough of Belmar are as follows:
|
a.
|
For a 1 day license
|
$100
|
All applications for a one day license must be received
no later than seven days prior to the requested day. The Borough Council
may from time to time by resolution restrict the number of licenses
issued for any event approved as a special event
|
b.
|
For a 1 month license
|
$250
|
|
c.
|
For a 1 year license
|
$5
|
Per day from the date of application to December
31 of each year.
The fees for each additional person selling for the owner, utilizing
the vehicle, within the Borough of Belmar are as follows:
|
a.
|
For a 1 day license
|
$50
|
|
b.
|
For a 1 month license
|
$125
|
|
c.
|
For a 1 year license
|
$2.50
|
Per day from the date of application to December
31 of each year.
[1966 Code § 7-7.1; Ord. No. 1991-1 § 16; Ord. No. 1991-4 § 2; Ord. No. 1992-22 § 2]
All licenses required by this Chapter, or any other chapter of this Code, unless otherwise specified (e.g., subsection 26-2.1 (Licenses Required Public Accommodations), shall be issued for the calendar year; provided further that it is a requirement that all applications for an original license, or renewal on an annual basis be submitted, with the appropriate fees on or before December 1 of the preapplication year.
[1966 Code § 20-7.2; Ord. No. 1991-1 § 16; Ord. No. 1991-4 § 2]
Licenses issued under the rules and regulations of the Alcoholic
Beverage Control Division are exempted from the provisions of this
Chapter.
[1966 Code § 7-7.3; Ord. No. 1991-1 § 16; Ord. No. 1991-4 § 2]
As a condition for the issuance, transfer, or renewal of every license required by this Chapter where the applicant is the owner of the property where the licensed activity is to be conducted, the applicant shall be required to pay all delinquent property taxes and assessments on the property prior to the issuance, transfer or renewal of the license. The provisions of this subsection shall also apply to all Public Accommodation Licenses required by Section 26-2 of the Revised General Ordinances of the Borough (1991).
[1966 Code § 20-7.4; Ord. No. 1991-1 § 16; Ord. No. 1992-2 § 3]
In addition to the rules and regulations hereinafter enumerated,
the Mayor and Borough Council are hereby authorized and empowered
to adopt, by resolution, such other rules and regulations as may be
necessary for the proper control and regulation of activities on Ocean
Avenue and Main Street.
[1966 Code § 7-8.1; Ord. No. 1991-1 § 16; Ord. No. 2016-04 § 2]
Any permit or license granted or issued pursuant to this Chapter
may be revoked by the Borough Council after notice and hearing for
any of the following causes:
a.
Any fraud, misrepresentation, or false statement contained in the
application for license.
b.
Any fraud, misrepresentation, or false statement made in connection
with the selling of goods, wares, or merchandise.
c.
Any violation of this Chapter.
d.
Conviction of the licensee of any felony or of a misdemeanor involving
moral turpitude.
e.
Conducting the licensed business or activity in any unlawful manner
or so as to constitute a breach of the peace or a menace to the health,
safety, or welfare of the public, including such conduct when engaged
in by the licensee's agents, servants of employees.
f.
Where the licensee is the owner of the property where the licensed
activity is conducted, a failure to pay the taxes due on the property
for at least three consecutive quarters, provided that any license
so revoked shall be restored upon payment of the delinquent taxes.
[1966 Code § 7-8.2; Ord. No. 1991-1 § 16]
Notice of hearing for revocation of license under the provisions of subsection 20-8.1 preceding, shall be given in writing by the Borough Clerk or the Borough License Inspector, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed by Certified Mail to the licensee at his/her address indicated on his/her license application at least five days prior to the date set forth for the hearing.
[Ord. No. 1992-22 § 2]
Following a hearing to determine the facts and circumstances, if the license holder is found guilty of any of the causes set forth in subsection 20-8.1 hereof, the Borough Council may revoke the license or suspend it for a period not to exceed 12 months; provided further that if the license is suspended for a period beyond the remaining term of the existing license, no application for a renewal or new license shall be made until the full suspension has been served, and in the case of a license issued for the period or term from April 1 to October 1 of any year of suspension, if the term expires before the suspension is completed, no renewal or new license application shall be submitted until the balance of the license suspension has been served, commencing April 1 of the succeeding year.
[1966 Code § 7-8.4; Ord. No. 1991-1 § 16; Ord. No. 1992-22 § 2]
In addition to the provisions for revocation or suspension, the Borough License Officer, the Chief of Police, any Police Officer of the Borough or any taxpayer or resident of the Borough may make complaint in the Municipal Court of the Borough for any violation of this Chapter, or any article, section, paragraph or provision thereof. In this regard, any violation of this Chapter or Section 26-2 of this Code shall be punishable by a minimum fine of $100, not to exceed $1,000, or imprisonment for a term not to exceed 90 days, or both, in the discretion of the Court, and/or a period of community service not less than 10 days nor more than 90 days. Each separate day of violation shall constitute a separate offense under this subsection. Anyone who aids and assists in the violation of this Chapter or Section 26-2 of this Code shall be subject to the penalties set forth herein.
[1]
Editor's Note: Prior ordinance history: 1966 Code § 7-9;
Ord. No. 1991-1 § 16.
[Ord. No. 2015-03]
The Borough Clerk is hereby delegated the authority to act as
the "issuing authority" for the purpose of approving the granting
of licenses for games of chance.
[Ord. No. 2015-03]
Pursuant to N.J.S.A. 5:8-58, games of chance under the "Raffles
Licensing Law" of the State of New Jersey (N.J.S.A. 5:8-50 et seq.)
may be conducted within the Borough on the first day of the week,
commonly known and designated as Sunday.
[Ord. No. 2015-03]
a.
The issuing authority shall approve or deny all applications for
bingo or raffle licenses with due expedition after the filing of the
application. Applications must be filed with the Borough Clerk together
with required fees pursuant to law. The applicant shall demonstrate
in writing compliance with the provisions of all applicable laws and
regulations.
b.
No license to conduct a game of chance as authorized by law shall
be issued to any organization not having a bona fide site established
in good faith within the State of New Jersey and actively engaged
in serving one or more of the authorized purposes as defined by the
rules and regulations of the Legalized Games of Chance Control Commission.
[Ord. No. 1994-7 § 2]
Any newspaper vending machine which in whole or in part rests
upon, or over any public sidewalk or parkway, shall comply with the
following standards:
a.
No newspaper vending machine shall exceed 60 inches in height, 24
inches in width or 20 inches in thickness.
b.
No newspaper vending machine 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 newspaper vending machine shall be equipped with a coin return
mechanism to permit a person using the machine to secure an immediate
refund in the event he is unable to receive the publication paid for.
The coin return mechanisms shall be maintained in good working order.
d.
Each newspaper vending machine shall have affixed to it a readily
visible place, so as to be seen by anyone using the machine, a 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 any notice provided for in this section.
e.
Newspaper vending machines 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 newspaper vending machine
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
publication therein is viewed, are unbroken and reasonably free of
cracks, dents, blemishes and discolorations;
4.
The paper or cardboard parts of inserts thereof, if any, are reasonably
free of tears, peeling or fading;
5.
The structural parts thereof are not broken or unduly hazardous.
[Ord. No. 1994-7 § 2]
Newspaper vending machines which rest in whole or in part upon,
or on 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 following:
a.
No newspaper vending machine 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 newspaper vending machine 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; or
2.
Unreasonably interferes with or impedes the flow of pedestrians or
vehicular traffic, including any legally parked or stopped vehicle;
or
3.
Unreasonably interferes with the ingress 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 said location.
c.
All newspaper vending machines shall be chained, bolted or otherwise
secured so as to prevent their being blown down or around the public
right-of-way.
d.
All newspaper vending machines may be placed next to each other,
provided that no group of newspaper vending machines shall extend
for a distance of more than four feet along a curb and a space of
not less than 18 inches shall separate a group of newspaper vending
machines and the next newspaper vending machine or group of newspaper
vending machines.
e.
No newspaper vending machines shall be placed, installed, used or
maintained:
1.
Within three feet of any marked crosswalk;
2.
Within 12 feet of a curb return of any unmarked crosswalk;
3.
Within 15 feet of any fire hydrant, fire call box, police call box
or other emergency facility or in front of any fire lane or loading
zone;
4.
Within five feet of any driveway;
5.
Within three feet of or on any public area improved with lawn, flowers,
shrubs, trees, or other landscaping;
6.
At any location whereby the clear space for the passage-way of pedestrians
is reduced to less than three feet;
7.
Within 100 feet of any other newspaper vending machine on the same
side of the street in the same block containing the same issue or
edition of the same publication.
[Ord. No. 1994-7 § 2]
Any person, firm, corporation or any other entity may erect,
place, maintain, or operate a newspaper vending machine and shall
not be subject to any license or permit requirements set forth under
this Chapter, except notice shall be given to the Borough Code Enforcement
Department prior to any placement of newspaper vending machine or
machines.
[Ord. No. 1994-7 § 2]
Any person or entity placing any newspaper vending machine in whole or in part upon or over any public sidewalk or parkway shall receive notice in a letter sent by certified mail that a violation of the provision(s) under this Section 20-10 has occurred. The letter shall specify the particular violation. The person or entity shall have 10 days from the date of receipt of the letter to cure the violation or file a written objection of the notice with the Borough Clerk. The Borough may elect to file a complaint in municipal court regarding the violation when an objection is received. A copy of the Complaint shall be served upon the appropriate person or entity in accordance with the Court Rules of the State of New Jersey. In the event that the person or entity fails to cure the violation or file an objection, a fine of $100 shall be imposed.
[Ord. No. 1999-22 § 1; Ord. No. 2008-19 § I]
Shall mean any person, partnership, association or corporation
lending money on deposit or pledge of personal property, other than
choses in action, securities, or printed evidences of indebtedness;
or purchasing personal property on condition of selling it back at
a stipulated price; or doing business as furniture storage warehouseman
and lending money on goods, wares or merchandise pledged or deposited
as collateral security.
Shall mean individual natural persons, partnerships, joint
ventures, societies, associates, clubs, trustees, trusts, corporations
or unincorporated groups or any officers, agents, employees, servants,
factors or any kind of personal representatives of any thereof, in
any capacity, acting either for himself or for any other person under
either personal appointment or pursuant to law.
Shall mean an article or articles deposited with a pawnbroker
in the course of his business.
Shall mean a person who delivers the pledge into the possession
of a pawnbroker, unless such person discloses that he is or was acting
for another, and in such an event "pledger" means the disclosed principal.
Shall mean items comprised of gold, silver, platinum, palladium
and alloys thereof, gems, coins, containing precious metals and all
forms of previously owned jewelry which contain precious metals.
Shall mean a person engaged in the business of purchasing
metals, gems, coins, containing precious metals and all forms of previously
owned jewelry, either as a primary business or in connection with
another business, from any person who is not in the business of selling
precious metals as required under N.J.S.A. 51:6A-1 to 51:6A-8 including
but not limited to businesses commonly referred to as jewelry stores.
Shall mean all forms of previously owned goods, including
but not limited to: antiques, furniture, watches, china, crystal,
paintings, precious metals and gems and goods containing precious
metals and gems.
[Ord. No. 2008-19 § I]
The purpose and intent of this Section 20-12, is to provide licensing and regulation of individuals dealing in precious metals, gems, secondhand goods and pawnbrokering to protect the residents of Belmar, and those transacting business in the Borough of Belmar as permitted, in part, by N.J.S.A. 51:6A-1 et seq. Further, the licensing and regulations of these individuals will further assist the Belmar Police Department and others in recovering stolen goods. In addition, in regard to precious metals and gems, this Section 20-12, shall be complied with in addition to the laws, rules and regulations as contained in N.J.S.A. 51:6A-1 et seq. and N.J.A.C. 13:47C-1.1 et seq.
[Ord. No. 2008-19 § 1]
No precious metals and gems buyer, as defined herein or as defined by N.J.S.A. 51:6A-1 et seq., shall buy, attempt to buy or offer to buy any precious metals or gems, unless they have registered with the Police Department on a form prescribed by the Police Department. This registration is in addition to any license required by Chapter 20 of this Code.
[Ord. No. 1999-22 § 1; Ord. No. 2008-19 § I]
No individual person, partnership, or corporation shall engage
in the business of the purchase, sale or pawnbrokering of and all
forms of previously owned jewelry and goods without first obtaining
a license from the Borough of Belmar. Advertising in any print or
electronic media, or by sign, that precious metals and/or gems are
being bought in any location within the Borough of Belmar shall constitute
"engaging in business" for purposes of this section. No person shall
place or cause to be placed any advertisement for purchase of gems
and/or precious metals without stating in said advertisement the license
number issued to the individual or entity by the Borough of Belmar.
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 the electronic media, the license
number shall be visually or audibly stated. Failure to state or indicate
the license numbers shall be in violation of this section and shall
be subject to the penalties set forth in this section. This license
shall be displayed in public view and available for inspection at
all times.
[Ord. No. 1999-22 § 1; Ord. No. 2008-19 § 1]
All persons regulated to purchase, sell or pawnbroker precious
metals and gems and secondhand goods to require of anyone offering
to sell them merchandise regulated by this section to produce two
identifications, such as a driver's license, voter registration card,
social security card or similar identification, with one of the forms
of identification bearing a photograph of the seller. They shall also
sign and give to the seller a receipt for said merchandise and shall
obtain from the seller the following information: name, address, sex,
date of birth, telephone number, social security number, if available,
and physical description. A form for physical description shall be
available if desired from the Police Department.
a.
All persons regulated by this section shall maintain a record of
each purchase, which record shall contain a description of the merchandise
purchased, any identifying numbers, marks or markings on the merchandise,
a copy of the signed receipt given to the seller and a record of all
information required under this section.
1.
The receipt provided to the seller shall contain the following information:
(a)
The price at which the precious metals are being bought expressed
as a price per ounce.
(b)
The weight of the precious metal purchased together with a full
and complete description of the items being purchased.
(c)
If the item purchased is a gem or piece of jewelry not bought
on the basis of weight, the price being paid for the item together
with a description of the item.
(d)
The name and address of the seller, sex, date of birth, telephone
number, social security number if available.
2.
Those records shall be immediately available for inspection by the
Police Department of the Borough of Belmar and shall be maintained
for two years from the date of purchase.
b.
Within 24 hours of the close of business on any day except Saturday,
all persons regulated under this section shall deliver to the Police
Department of the Borough of Belmar a list of all items of merchandise
covered by this chapter purchased by them. For all merchandise purchased
on Saturday, said list of items shall be delivered to the Police Department
by no later than 12:00 noon of the Monday following. Said list shall
contain a description of each item, any identifying numbers, the time
of purchase and the name and address of the seller.
c.
No person regulated by this section shall sell, melt down or otherwise
dispose of any merchandise covered by this section purchased by him
until after the expiration of 10 business days from the close of business
on the date of purchase; provided, however, that no such waiting period
shall be required if the merchandise is purchased from a person regularly
engaged in the business of buying and selling precious metals and
licensed and regulated pursuant to an ordinance of another municipality
similar to this section and requiring a similar waiting period of
10 business days from the close of business on the date of purchase:
d.
No person who engages in the business of the purchase of precious
metals, gems, coins or previously owned jewelry shall purchase any
such items from any person under the age of 18 years.
[Ord. No. 1999-22 § 1; Ord. No. 2008-19 § I]
Violation of any part of this section may result in the revocation of the license pursuant to the rules and regulations of Chapter 20 of this Code. Any violation of this section shall be punishable by a minimum fine of $500 for the first offense and in addition to a fine, in the discretion of the Court, imprisonment for a term not to exceed 90 days. The second offense shall result in a fine of not less than $1,000 and in addition to a fine, in the discretion of the Court, imprisonment for a term not to exceed 90 days. Third and subsequent offenses shall result in a fine of the maximum amount permitted by law, and in addition to a fine, in the discretion of the Court, imprisonment for a term not to exceed 90 days.
[Ord. No. 2005-03; Ord. No. 2014-06]
a.
By way of exception to the foregoing licensing requirements, any
person may conduct not more than four sales, commonly known as "yard,
garage, porch, attic, basement, tag or lawn sales," on his or her
premises in any one calendar year, exclusive of days that are designated
by the Mayor and Council to be town-wide yard sales. The sale shall
generally be known as a "yard sale," which is defined as a public
sale of used personal property in a residential area of the municipality,
commencing not earlier than 9:00 a.m., terminating by sundown and
extending no more than a three-day period. Yard sales shall offer
only used items and personal property owned by the resident of the
property where the sale is held. No new merchandise shall be offered
for sale nor may merchandise from sources other than homes be brought
in and offered for sale. All signage promoting said sales shall be
removed within 48 hours of completion of the sale.
b.
Permit. A permit will be required prior to holding any sale. Each
permit issued under this section must be prominently displayed on
the premises upon which the sale is conducted throughout the entire
period of the sale.
c.
Violation. Any person found to be in violation of this section shall
be subject to fines and/or penalties of a minimum of $50 to a maximum
of $500.
[Ord. No. 2009-03 § I]
As used in this section, "Low Speed Vehicle" or "LSV" shall
mean any motor vehicle subject to the applicable State and Federal
requirements for LSV's presently in effect, which are N.J.S.A 39:4-31.1
et seq. and Federal Motor Safety Standard No. 500 at 49 C.F.R. 571.500,
and as they may be amended from time-to-time. This section only applies
to the rental of LSV's and is in addition to any State or Federal
requirements.
[Ord. No. 2009-03 § I]
All persons engaged in the business of renting LSV's shall obtain
a mercantile license as provided for in this Chapter. Additionally,
each LSV rented shall be individually licensed by the Borough of Belmar
as provided herein.
[Ord. No. 2009-03 § I]
The operation of a LSV rental business shall be subject to the
following regulations:
a.
Each LSV to be rented shall be listed on the license application
and must be subsequently licensed by the Borough before it is offered
for rent. The Borough will issue a license card and/or decal for each
LSV, which is only for that specific LSV and shall not be transferred
to another LSV. The license card/decal issued for each LSV shall at
all times be prominently displayed and adequately protected so that
the face thereof shall be at all times in full view of and plainly
legible from the exterior of the LSV. The license card/decal shall
at all times be and remain the property of the Borough and on direction
of the Borough shall at once be surrendered to the Borough Clerk.
b.
Each rented LSV shall comply with all Federal and State regulations
regarding the minimal equipment and specifications for an LSV, insurance
and use by duly licensed drivers, and the like.
c.
Each applicant for an LSV License shall, together with his/her application,
submit an insurance policy of $1,000,000 for their business, which
shall remain in full force and effect at all times, and the owner
shall indemnify and hold harmless the Borough, its officers, agents
or employees, from any and all loss, costs, damages and/or expenses
suffered by any person or to any property arising from the owner's
negligence and/or operation of the LSV.
d.
Each rented LSV shall be covered by insurance in the minimum amount
of $300,000 for the combined single limit bodily injury and property
damage coverage.
e.
Each rented LSV shall have a map encompassing the area from the northern
border of Asbury Park to the southern border of Sea Girt and from
Route 35 to the Atlantic Ocean, which clearly and legibly depicts
all streets which LSV's are permitted and any streets which LSV's
are not permitted by Order of the Commissioner of the Department of
Transportation, Municipal Ordinance or County Resolution, if any.
The map shall be updated at least once a year, or more frequently
if the Borough determines that a safety issue exists and so directs.
The back of the map shall contain a notice to the driver of the LSV,
as follows:
IMPORTANT NOTICE TO DRIVER:
New Jersey State Law allows the use of this low speed vehicle
(LSV) on streets with a posted speed limit of 25 miles per hour or
less. The Law allows the State to permit LSVs on roads with a speed
limit of up to 35 mph. The Law also allows the State, Counties and
Municipalities to prohibit the use of this vehicle on certain streets.
The map on the other side of this Notice is updated once a year and
may not reflect all streets which LSVs are permitted and/or prohibited.
The aforementioned map and notice shall be laminated to protect
it from the weather and shall be tethered to the LSV and shall be
immediately replaced if it is removed or is not legible.
f.
No rented LSV shall hereafter be operated in the Borough unless and
until there is prominently displayed in the interior thereof, within
the full view and access of any passengers, a complete list of fares,
charges or tariff rates charged for use of the LSV, which fares, charges
or tariff rates, and no other, shall be those to be charged.
g.
The use of any charging post owned by the Borough of Belmar at the
Belmar Marina is prohibited, unless the business has a lease or similar
arrangement with the Borough for use of the same. The term "charging
post" shall mean any facility which is equipped to charge, or is capable
of charging, an electric LSV.
[Ord. No. 2010-02 § I]
As used in this section, these terms shall have the following
meanings:
a.
FILMING – Shall mean the taking of still or motion pictures
either on film, videotape, or similar recording medium, for any purpose
intended for viewing on television, in theaters or for institutional
uses. This term shall not include family videos and photography and
news media, as defined herein, or as otherwise provided herein.
b.
MOTION PICTURE, TELEVISION PICTURES, STILL PHOTOGRAPHY – Shall
mean all activities attendant to the staging and/or shooting of commercial
motion pictures, television series, television movies, commercials
and to the taking of single or multiple photographs for sale or commercial
use where the photographer sets up stationary equipment in any one
location for longer than five consecutive minutes.
c.
MAJOR MOTION PICTURE – Shall mean any film which is financed
and/or distributed by a major motion picture studio or corporation
for presentation in movie theaters, including any filming activity
connected with any part of such a production; provided that the production
has an overall budget of $2,000,000, or more.
d.
NEWS MEDIA – Shall mean photographic, filming, and/or videotaping
for the purpose of a television news broadcast or reporting for print
media by reporters, photographers or cameramen.
e.
STUDENT FILMS – Shall mean motion picture, television or still
photography produced to satisfy a course or curriculum requirement
at an accredited educational institution. The student filmmaker must
supply proof that he/she is currently enrolled in any such educational
institution.
f.
FAMILY VIDEOS AND PHOTOGRAPHY – Shall mean the filming or videotaping
of motion pictures, or still photography, intended solely for private
use.
g.
PUBLIC LANDS – Shall mean the areas including but not limited
to any public building, street, sidewalk highway, sidewalk, square,
park, playground, the beachfront, boardwalk and the marina, and other
public places, which is within the jurisdiction and control of the
Borough of Belmar.
[Ord. No. 2010-02 § I]
a.
No person shall use any public lands or private property, public
right-of-way, facility, and/or residence for the purpose of taking
motion pictures, television pictures or still photography without
first applying for and receiving a permit from the Special Events
Committee or the Borough Administrator of the Borough of Belmar, as
applicable.
b.
The permit shall set forth the approved location of such filming and also the approved duration of such filming by specific reference to day or dates. No permit shall authorize filming for more than three consecutive days in any one location and in no event shall filming at one location within the Borough exceed a total of six days in any one calendar year, regardless of the number of permits utilized in reaching this six-day maximum. Either or both of the three-consecutive-day and the six-day limitations may be extended only if the filming requested satisfies the major motion picture exception defined by subsection 20-15.1c. Said permit must be readily available for inspection by Borough officials at all times at the site of the filming.
c.
All permits shall be applied for and obtained from the office of the Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the Borough Administrator and be accompanied by permit fees in the amounts established by this section in subsection 20-15.11.
d.
If a permit is issued and filming does not in fact take place on
the dates specified due to good cause, including but not limited to
reasons of inclement weather, the Borough Administrator may issue
a new permit for filming on other dates subject to full compliance
with all other provisions of this section. No additional fee shall
be paid for this new permit.
e.
The provisions of this subsection shall not apply to news media,
family videos and/or student films.
f.
The provisions of this subsection shall not apply to all activities
attendant to the staging and/or shooting of a segment of a television
series where all such activities occur on private property and within
a commercial building or other structure which is not in a residential
area and is not visible outside of such building or structure provided
that the filming activities do not exceed three days.
[Ord. No. 2010-02 § I; Ord. No. 2015-08]
a.
Permits shall be issued by the Borough Administrator after review and approval of the Borough's Special Events Committee at one of its regularly scheduled meetings. Any such review shall determine whether any additional municipal services may be reasonably required depending upon the nature of the activities proposed. If the events involving the filming also require a special events permit per subsection 16-14.4 the Special Events Committee can issue the filming permit required by this section, but shall not have the authority to issue an expedited permit.
b.
Expedited permits may be issued by the Borough Administrator upon
payment of the requisite fee. The Borough Administrator, after consultation
with the Chief of Police, the Superintendent of Public Works and two
Council members, may issue the permit without approval of the Special
Events Committee, so long as the application complies with all other
requirements of this section. The Borough Administrator may determine
whether any additional municipal services may be reasonably required
depending upon the nature of the activities proposed. Expedited permits
shall be issued at the close of the fourth business day after submission
of a complete permit application.
c.
No permits shall be issued unless all fees and reasonably necessary
reimbursable expenses are paid to the Borough.
d.
No permit shall be issued for filming upon public lands unless the
applicant shall provide the Borough of Belmar with satisfactory proof
of the following:
1.
Proof of insurance coverage including but not limited to, for bodily
injury to any one person in the amount of $1,000,000 and any occurrence
in the aggregate amount of $3,000,000;
2.
For property damage for each occurrence in the aggregate amount of
$1,000,000;
3.
A written hold harmless and indemnification agreement acceptable
to the Borough Attorney;
4.
The posting of cash or maintenance bond for the value of $500 protecting
and insuring that the location utilized for the filming will be left,
in a satisfactory condition, free of debris, rubbish, and equipment,
and that due observance of all Borough ordinances, laws, and regulations
will be followed. Within seven days of the completion of the filming,
the Borough will return the bond if there has been no damage to the
public property or public expense caused by the filming.
e.
The holder of the 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 Belmar Police Department, the Fire Marshal and the Borough Administrator
and with respect thereto.
f.
The applicant shall conduct filming in such a manner as to minimize
the inconvenience or discomfort to adjoining property owners as a
result of such filming and shall, to the extent practicable, abate
noise and park vehicles off the public streets. All vehicles parked
on public streets and rights-of-way shall be done so in accordance
with all applicable State and local regulations.
g.
The holder shall not interfere with previously scheduled activities
upon public lands and limit, to the extent possible, any interference
with normal public activity on such public lands.
h.
The applicant shall give written notice of the filming to all businesses
and residents within 200 feet of the filming location and further
provide written proof of such notice at least three business days
prior to the submission of a completed permit application. Such written
notice shall be in a form acceptable to the Borough Administrator
and shall inform such businesses and residents that objections may
be filed with the Borough Administrator within the next three business
days, said objections to form a part of applicant's application and
be considered in the review of the same. However, an applicant may
request a waiver of the notice requirement, and if the Special Events
Committee or the Business Administrator in the case of an expedited
permit finds that by not giving notice there would be less of a potential
for disruption, if the permit is granted, then a waiver may be granted
by the Special Events Committee or the Business Administrator as applicable.
[Ord. No. 2010-02 § I]
Filming in residential areas shall be permitted Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. except from May 1 to November 1 of each year filming in residential areas shall be further limited to non-holiday weekdays and no nighttime filming shall be permitted. All activity shall meet the standards of Section 16-3, "Regulation of Noise" of this Code, provided that all requests for night scenes shall be approved in the permit to be granted in accordance with subsection 20-15.7 hereof. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
[Ord. No. 2010-02 § 1; Ord. No. 2015-08]
No filming shall occur on or within 200 feet of any property
which has an establishment with a liquor license at any time the establishment
is open for business, unless permit applicant obtains approval from
the Business Administrator who, in consultation with the Belmar Police
Department, may grant a temporary exemption.
[Ord. No. 2010-02 § I]
a.
The Borough of Belmar may refuse to issue a permit whenever it determines,
on the basis of objective facts and after a review of the application
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 use and enjoyment of adjoining
properties, unreasonably impede the free flow of vehicular or pedestrian
traffic or otherwise endanger the public's health, safety or welfare.
b.
The Borough reserves the right to require one or more Belmar Police
Officer(s), Fire Department personnel or any such other specialized
Borough officials to remain on site during the times indicated on
the permit, in situations where the production may impede the proper
flow of traffic, or otherwise impact upon public safety. The cost
of all such personnel shall be borne by the applicant as 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. 2010-02 § I]
The Borough may authorize filming other than during the hours
herein described. In determining whether to allow an extension of
hours under this section, the Borough shall consider factors including
but not limited to the following:
a.
Traffic congestion at the location;
b.
The applicant's ability to remove film-related vehicles off the public
streets;
c.
Whether the applicant is requesting restrictions on the use of public
streets or public parking during the course of the filming;
d.
Nature of the film shoot itself; e.g. indoor or outdoor; day or night;
on public lands or private lands; proximity to residential neighborhoods;
potential for disruption of normal residential or business activities;
and
e.
Prior experience of the film company/applicant with the Borough,
if any.
[Ord. No. 2010-02 § I]
Copies of the approved permit shall be sent to the Police and
Fire Departments before filming takes place. The applicant shall permit
the Police Department, the Fire Marshal or other Borough inspectors
to inspect the site and equipment to be used. The applicant shall
comply with all safety instructions issued by the Police Department,
the Fire Marshal, or other Borough inspections.
[Ord. No. 2010-02 § I]
In addition to any and all other fees or costs mentioned in
this section, the applicant shall reimburse the Borough for any lost
revenue, including but not limited to, repairs required to public
property, and any revenues that the Borough was prevented from earning
because of the filming.
[Ord. No. 2010-02 § I]
a.
With regards to filming being done on a major motion picture, and upon a favorable review of the factors set forth in subsection 20-15.6 the Borough may grant an exemption of the three consecutive filming day limit and/or the six total filming days within a calendar year limit as defined in subsection 20-15.2;
[Ord. No. 2010-02 § I]
The schedule of fees for the issuance of permits authorized
by this section are as follows:
a.
Basic filming permit (Special Events Committee review): $250.
b.
Expedited permit (Borough Administrator review): $1,000.
c.
Daily filming fee payable in addition to basic filming permit: $500
per day.
d.
Daily filming fee payable for filming a major motion picture: $1,500
per day.
e.
Filming permit for nonprofit applicants filming for educational purposes:
$25 one-time fee.
f.
Overnight parking/use of Borough Lot: at cost.
g.
Police/Fire protection: at cost.
h.
Use of Borough buildings or public parks: $1,500 per day.
[Ord. No. 2010-02 § I; Ord. No. 2011-26, § 2]
Where the owner of the premises is not the applicant for a permit required by this section, both the owner and the applicant shall each be liable for violations hereof. Any person violating this section or these rules and regulations, upon conviction thereof, shall be punished by a fine not exceeding $1,000 per day or by imprisonment in the County jail for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. However, if the premises contains a liquor license the licensee shall not be issued a ticket for violation of this section however the licensee may be subject to charges pursuant to subsection 17-7.6.
[Added 4-7-2020 by Ord.
No. 2020-17]
As used in this section, the following terms shall have the
meanings indicated:
A cart or other movable device used on the public sidewalks
or in public places, in which ready-to-eat food is cooked, wrapped,
packaged, processed or portioned for sale or distribution, and which
is not licensed as a food truck or food trailer.
A motorized vehicle registered and which is able to be operated
on the public streets of the State of New Jersey, in which ready-to-eat
food is cooked, wrapped, packaged, processed or portioned for sale
or distribution.
Collectively, a food truck, food trailer and a food cart.
The owner or operator of a food truck, food trailer or food
cart or the owner's agent; hereinafter referred to as "vendor."
a.
No food truck, trailer, cart or vehicle shall operate within the
borders of the Borough of Belmar without first having been inspected
and approved by the Belmar Fire Prevention Bureau.
b.
No food cart that is using propane shall operate within the borders
of the Borough of Belmar without first having been inspected and approved
by the Belmar Fire Prevention Bureau.
a.
Food vehicles shall be inspected every time they are conducting business
in the Borough of Belmar. Compliant food vehicles shall receive a
certificate of approval valid until their departure from the Borough
of Belmar, from which the certificate is received. Certificates of
approval shall be displayed prominently in or on the food vehicle
as directed by printed instructions on the certificate.
b.
Vendors shall apply for inspection and a certificate of approval
at the Belmar Fire Prevention Bureau located at 601 Main Street, Belmar,
New Jersey.
c.
The inspection fee of $54 shall be paid at the time of the application.
d.
The Fire Official shall prepare a checklist for the inspection, specifically
detailing the requirements needed and the standards which must be
complied with for approval. The checklist shall be publicly available.
Nothing in this subsection shall be construed as limiting the authority
of the Fire Official to supplement the requirements of the checklist
in a particular case in the interest of public safety.
e.
Vendors failing the inspection may be reinspected at any time. No
additional fee will be charged for the first reinspection if within
30 days of the first inspection. The full inspection fee is required
for reinspections after that date and any additional reinspections.
f.
The $54 fee is an application fee and is nonrefundable.
g.
This inspection is required for all mobile food vendors operating
within the Borough of Belmar, whether it is a private event or public
gathering.
h.
The Monmouth County Health Department shall be made aware and the
appropriate application filed, and it must be approved by their office
and inspected.
i.
The application must be made two weeks prior to the event. Applications
made less than two weeks before the event may be accepted up to the
day of the event at the discretion of the Fire Official. A late service
fee may be charged not to exceed double the standard fee. In no case
may a food vehicle operate without approval by the Fire Official.
j.
A food truck is only authorized on a public property or roadway when
approved by the Borough of Belmar for such use.
Any person who violates any provision of this section shall,
upon conviction thereof, be punished by fine not exceeding $2,000,
imprisonment in the county/municipal jail for a term not exceeding
90 days, or a period of community service not exceeding 90 days, or
any combination thereof, as determined by the Municipal Court Judge.
Each day on which a violation of an ordinance exists shall be considered
a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal
Court Judge may determine.
