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:
AUTOMATED TELLER MACHINE (ATM)
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.
BUSINESS
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.
CANVASSER AND SOLICITOR
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.
CIGARETTE VENDING MACHINE
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.
COMMERCIAL HANDBILL
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:
(a) 
Which advertises for sale any merchandise, product, commodity or thing; or
(b) 
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
(c) 
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
(d) 
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.
FIRE AND OTHER ALTERED GOODS SALE
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.
FURNISHED AND UNFURNISHED RENTED HOUSING OR LIVING UNITS OCCUPIED FOR SEASONAL RESIDENTIAL PURPOSES
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.
GOING-OUT-OF-BUSINESS SALE
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.
HANDBILL DISTRIBUTOR
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.
INSIGNIA
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.
JUKEBOX
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.
MECHANICAL AMUSEMENT DEVICE
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.
NONCOMMERCIAL HANDBILL
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.
PEDDLER
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."
PREMISES
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.
REMOVAL OF BUSINESS SALE
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.
TRANSIENT MERCHANT, ITINERANT MERCHANT AND ITINERANT VENDOR
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.
VENDING MACHINE
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.
c. 
Special Exceptions. The provisions of subsection 20-2.13 shall not apply or affect:
1. 
Any person acting pursuant to an order or process of a court of competent jurisdiction.
2. 
Persons acting in accordance with their powers and duty as public officials.
[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]
b. 
No individual or organization shall be permitted to obtain a license in accordance with this section upon a third or subsequent conviction for uninvited soliciting as defined by Borough Code Subsection 16-24.2 for a period of one year from the date of conviction.
[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.
g. 
Where, in the case of a property used for residential purposes, the property has been subject to proceedings under Section 26-11, et seq., the "Animal House" Ordinance, in which any person or entity has been required to post the maximum amount of bond permitted thereunder.
[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.
[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.
[1]
Editor's Note: Former Section 20-11, Vending Machines Other Than Newspaper Vending Machines, previously codified herein and containing portions of Ordinance No. 1995-14, was repealed in its entirety by Ordinance No. 2007-11. See Section 20-4 for regulations for vending machines.
[Ord. No. 1999-22 § 1; Ord. No. 2008-19 § I]
PAWNBROKER
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.
PERSON
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.
PLEDGE
Shall mean an article or articles deposited with a pawnbroker in the course of his business.
PLEDGER
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.
PRECIOUS METALS AND GEMS
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.
PRECIOUS METALS AND GEMS BUYER
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.
SECONDHAND GOODS
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:
1. 
The license obtained in accordance with this section.
2. 
The prices at which the precious metals are being bought, expressed as price per ounce.
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;
b. 
Any days that are necessary for setup and preparation of a major motion picture filming may, at the discretion of the Borough, be counted as a filming day where such setup is anticipated to involve one or more of the factors set forth in subsection 20-15.6 hereof.
[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.
As used in this section, the following terms shall have the meanings indicated:
FOOD CART
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.
FOOD TRUCK
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.
FOOD VEHICLE
Collectively, a food truck, food trailer and a food cart.
FOOD VENDOR
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.