[1971 Code § 6-1.1]
The purpose of this section is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of licenses
issued by the Township Clerk.
[1971 Code § 6-1.2; Ord. No. 2010-13 § 1]
All applications for licenses shall be accompanied by the required
fee,[1]which fee shall be nonrefundable. Applications shall be
made to the Township Clerk upon forms provided by the Township Clerk
and shall contain the following information:
a.
Name and permanent and local address of the applicant. If the applicant
is a corporation, the name and address of its registered agent.
b.
If the licensed activity is to be carried on at a fixed location,
the address and description of the premises.
c.
If a vehicle is to be used, its description including the license
number.
d.
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship.
e.
The days of the week and the hours of the day during which the licensed
activity will be conducted.
f.
A description of the nature of the business and the goods, property
or services to be sold or supplied.
g.
A statement as to whether the applicant has been convicted of any
crime or has violated any municipal ordinance other than traffic offenses
and, if so, the date and place of conviction, the nature of the offense,
and the punishment or penalty imposed.
h.
Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate his
character and responsibility.
i.
Applications by partnerships shall be signed by all partners with
the information required by this subsection supplied in detail as
to each partner, and applications of corporations shall have attached
individual statements containing all of the information required by
this subsection relating to each employee or agent who shall engage
in the licensed activity, and shall be signed by each employee or
agent.
[1971 Code § 6-1.3; Ord. No. 2010-13 § 1]
Each applicant shall be referred to the Chief of Police or a
Police Officer designated by him, who shall investigate for the protection
of the public the applicant's business responsibility, moral character
and ability to properly conduct the licensed activity. The applicant
shall pay to the Lakewood Police a fee of $35 for the investigation
which fee is nonrefundable. This investigation also shall include
a fingerprint check performed by a company designated by the Lakewood
Police. The applicant will pay the cost of the fingerprint check directly
to the company performing the check. The investigator's written report
shall be filed with the Township Clerk within 10 business days, with
extensions if reasonably necessary, after the application has been
filed. If the investigator decides that the applicant's character,
ability or business responsibility are unsatisfactory, or the products,
services or activity are not free from fraud, the investigator shall
disapprove the application and the Township Clerk shall refuse to
issue the license and shall so notify the applicant. Otherwise, the
Township Clerk shall issue the license immediately, provided the required
license fees have been paid except in cases where approval of the
Township Committee is required. In the case of an application for
a solicitor's, peddler's, or canvasser's license, the license may
be issued immediately subject to the investigation. In the event of
the refusal of the issuance of a license, the applicant may appeal
to the Township Committee for hearing. The appeal must be filed, in
writing, with the Township Clerk within 14 days after notification
of the refusal. The Township Committee shall hold its hearing within
10 days thereafter. The decision of the Township Committee shall be
final.
[1971 Code § 6-1.4]
Licenses shall be in a form which the Township Committee shall
prescribe by resolution, and shall contain the following information:
a.
The name and address of the licensee.
b.
The number and type of the license and the nature of the licensed
activity.
c.
The address at which the licensed activity is conducted, if the activity
is carried on at a fixed location.
d.
If the licensed activity is conducted from a vehicle, the make, model
and license number of the vehicle.
e.
The expiration date of the license.
f.
Any other appropriate information which the Township Committee may,
be resolution, require.
[1971 Code § 6-1.5]
The Township Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Township Committee and shall contain the same information as is required by Subsection 4-1.4 to be contained in the license. It shall also indicate the amount of the fee paid for the licenses, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal, and any other information which the Township Committee may, by resolution, require.
[1971 Code § 6-1.6]
When the licensed activity is conducted at a fixed location,
or from a vehicle, the license shall be prominently displayed at the
location or on the vehicle. In all other cases the licensee shall
have the license in his possession at all times and shall display
it upon the request of any Police Officer or any person with whom
he is doing business.
[1971 Code § 6-1.7]
No license under this chapter shall be issued for more than
one year, and all licenses shall expire on June 30 of each year, except
where otherwise provided by this chapter. All licenses for established
businesses shall be due and payable on July 1 each year at the office
of the Township Clerk. Any license not otherwise specified in this
chapter may be issued after April 1 to expire June 30 upon payment
of 1/2 of the amount fixed as the fee for one year. No license shall
be transferable.
[1971 Code § 6-1.8]
Any license or permit issued by the Township may be suspended
or revoked by the Township Committee after notice and a hearing for
any of the following causes:
a.
Fraud or misrepresentation in any application for a permit or license.
b.
Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity.
c.
A violation of any provision of this Code.
d.
Conviction of the licensee for any criminal offense or disorderly
person's offense involving moral turpitude.
e.
Conduct of the licensed activity whether by the licensee, or his
agents or employees in an unlawful manner or in a manner that constitutes
a breach of the peace or a menace to the public health, safety or
general welfare.
f.
Whenever a license has been issued immediately upon an application,
pending the results of the investigation provided for by this chapter,
such license may be summarily revoked if the result of the investigation
is such as would have resulted in denial of the application.
[1971 Code § 6-1.9]
Notice of hearing for the suspension or revocation of a license
or permit shall be given in writing by the Township Clerk. The notice
shall specifically set forth the grounds upon which the proposed suspension
or revocation is based and the time and place of the hearing. It shall
be served by mailing a copy to the licensee at his last known address
by certified mail, return receipt requested, at least five days prior
to the date set for the hearing.
[1971 Code § 6-1.10]
At the hearing the licensee shall have the right to appear and
be heard, to be represented by an attorney, to present witnesses in
his own behalf, to cross-examine opposing witnesses and to have a
permanent record made of the proceedings at his own expense. The Township
Committee shall revoke or suspend the license if it is satisfied by
a preponderance of the evidence that the licensee is guilty of the
acts charged.
[1971 Code § 6-1.11]
The Township Committee may issue another license to a person
whose license has been revoked or denied as provided in this section
if after hearing it is satisfied by clear and convincing evidence
that the acts which led to the revocation or denial will not occur
again; otherwise, no person whose license has been revoked or denied,
nor any person acting for him, directly or indirectly, shall be issued
another license to carry on the same activity.
[1971 Code § 6-1.12]
The Township Committee may, by resolution, make rules and regulations
which interpret or amplify any provision of this chapter or for the
purpose of administering the provisions of this chapter or making
them more effective. No regulation shall be inconsistent with or alter
or amend any provision of this chapter and no regulation shall impose
any requirement which is in addition to or greater than the requirements
that are expressly or by implication imposed by any provision of this
chapter.
[1971 Code § 6-1.13; Ord. No. 2006-70 §§ 1,2]
a.
The Township Clerk shall issue and grant licenses and collect license
fees, which shall be payable at the office of the Township Clerk.
b.
The Township Clerk shall furnish a surety bond to the Township, the
amount of which shall be fixed by the Township Committee by resolution,
for the faithful performance of his duties with respect to the issuance
of licenses.
c.
Legalized Games of Chance.
1.
The purpose of this subsection is to authorize the Township Clerk
of the Township of Lakewood and/or the Clerk's designee to approve
legalized games of chance applications.
2.
Upon receipt of a completed legalized games of chance application,
the Township Clerk and/or the Clerk's designee shall review the aforesaid
application in accordance with the applicable rules governing the
same. If the same is acceptable, the Township Clerk and/or the Clerk's
designee shall issue the applicable license for the game of chance
as provided by law.
[1971 Code § 6-1.14]
The Township Clerk shall file semiannually with the Township
Committee a report showing the number of licenses granted by classes
and the amount of fees received. Each report shall state the number
and class of licenses suspended if any, and the reasons for such suspension.
[1971 Code § 6-1.15]
The Township Clerk shall daily deposit license fees collected
to the credit of the Township Treasurer in the depository designated
by the Township Committee.
[1971 Code § 6-1.16; Ord. No. 2003-24 § 1]
a.
The Township Clerk is hereby authorized and directed to require the
Board of Health, Police Department, Department of Code Enforcement
and Zoning or other departments of the Township to make such investigations
as are necessary to the proper enforcement of all licensing regulations
prescribed in this Code.
b.
The Township Clerk is hereby authorized and directed to utilize the
Police Department as is necessary to execute and enforce all licensing
regulations prescribed by this Code.
[1971 Code § 6-2.1]
As used in this section:
Shall mean any lawful means of earning a livelihood by profession,
trade or occupation for profit. It shall include the place or places,
premises or vehicle in which such profession, trade, or occupation
is conducted.
Shall mean a person who sells goods or services the proceeds
of which are devoted exclusively to the purposes of a philanthropic,
charitable or religious society provided said person acts as an agent
without pay.
Shall mean a person commonly referred to as a peddler or
hawker, who travels from place to place, or from house to house, carrying
goods, wares and merchandise for the purpose of sales and delivery
to consumers.
Shall mean a person selling services or goods at retail when
the goods are shipped from outside the State directly to the purchaser
or first to the solicitor or agent for delivery to the purchaser.
Shall mean a person commonly referred to as a transient merchant or itinerant vendor who engages in merchandising business in the Township with intent to close out or discontinue such business within a period of one year from date of commencement, and occupies a room, building, tent, lot or other premises for the purpose of selling goods, wares, merchandise or services, subject to the regulations of § 4-3.
Shall mean a person who engages in business as a transient
merchant, and in pursuance thereto becomes a peddler or hires a peddler.
[1971 Code § 6-2.2]
It shall be unlawful for any person designated in this section
to sell or dispose of, or to offer to sell or dispose of, any goods,
wares, merchandise, or render any services for fees within the Township
without first registering and obtaining a license and paying the required
license fee.
[1971 Code § 6-2.3]
This section shall not apply to:
a.
Those persons specifically exempt from payment of license fee as
provided by statute or court order.
b.
Any blind person who is a resident of this Township.
c.
Any person selling fruits, vegetables and farm products raised or
grown by him.
|
Exempted persons shall make application to the Township Clerk
for a permit and upon payment of the one ($1) dollar application and
filing fee, shall receive their license from the Township Clerk within
30 days after the application is filed.
|
[1971 Code § 6-2.4]
No person shall transact any business under a license granted
under this section except the business for which the license was specifically
granted. A separate license shall be obtained for each branch establishment
or place of business.
[1971 Code § 6-2.5]
a.
Upon compliance with the provisions of this section and other provisions
of this chapter pertaining to business licenses, and payment of the
license fee, the Township Clerk shall issue a license to the applicant
within 14 days after application is filed.
b.
When a business having more than one separate classification or type
of business is conducted as a unit under a single ownership and on
the same premises, the charge for the license fee shall be the charge
for the classification having the highest fee, except when otherwise
provided in this section.
[1971 Code § 6-2.6; New; Ord. No.
2000-75 § 1; Ord. No.
2001-79 § 1; Ord. No.
2001-80; Ord. No. 2009-33 § 1; Ord. No. 2011-7 § 1]
The following businesses and activities are required to be licensed
and shall pay the following license fees, unless otherwise designated.
|
LICENSE FEE SCHEDULE
Township of Lakewood
| |
|---|---|
|
Business
|
Fee
|
|
1. Auction (Other than by real estate brokers)
|
$215
|
|
2. Bicycles (rentals and/or sales)
|
$175
|
|
3. Business Retail and/or Unclassified Business of every type,
Wholesale-Storage-Service, etc.
|
Flat fee $125
|
|
4. Coin Operated Devices
|
See Subsection 4-4.6
|
|
5. Contractors and Subcontractors: License issued for one of
the following disciplines only:
| |
|
Aluminum Products
|
$60
|
|
Bulkhead and Piling
|
$60
|
|
Canvas Goods
|
$60
|
|
Carpet Installation
|
$60
|
|
Demolition
|
$60
|
|
Fencing
|
$60
|
|
Fiber glass
|
$60
|
|
Flooring
|
$60
|
|
Framing Contractor
|
$60
|
|
General Contractors/Registered Builders
|
$60
|
|
Glass
|
$60
|
|
Insulation
|
$60
|
|
Landscaping
|
$60
|
|
Masonry
|
$60
|
|
Moving/Hauling
|
$60
|
|
Ornamental Ironwork
|
$60
|
|
Painting/Papering
|
$60
|
|
Paving
|
$60
|
|
Plastering and Sheetrock
|
$60
|
|
Roofing/Siding
|
$60
|
|
Signs
|
$60
|
|
Tile Work
|
$60
|
|
Other contractors and subcontractors not licensed
by State statute or municipal ordinance
|
$50
|
|
6. Food Handling Establishments: Restaurants, luncheonettes,
coffee shops, lunch stands, concession booths or stands in hotels
alone or in connection with any other business or equivalent:
| |
|
Up to 50 seats
|
$85
|
|
51 to 100 seats
|
$125
|
|
101 to 200 seats
|
$125
|
|
Over 200 seats
|
$125
|
|
7. Handyman
|
$60
|
|
8. Junk Yards
|
See Subsection 4-8.3
|
|
9. Lumber Yards
|
$265
|
|
10. Massage Parlor and Masseuse License
|
See § 4-7
|
|
11. Rooming Houses:
| |
|
1 to 5 rooms
|
$60
|
|
Each additional room
|
$5
|
|
12. Guest Houses:
| |
|
1 to 5 rooms
|
$60
|
|
Each additional room
|
$5
|
|
Boarding Houses:
| |
|
1 to 5 rooms
|
$60
|
|
Each additional room
|
$5
|
|
Bed and Breakfast:
| |
|
1 to 5 rooms
|
$85
|
|
Each additional room
|
$4
|
|
13. Special Sales (Limit to 30 days)
|
$60
|
|
14. Towing Operators
|
See Subsection 4-6.6
|
|
15. Vending Machines and Newspaper Boxes
|
$10
|
|
16. Auto and Truck Rentals
|
$125
|
|
17. Master HVAC Mechanic License
| |
|
Application fee
|
$25
|
|
Annual license and renewal fee
|
$150
|
|
18. Taxicab License and Driver's License
|
See Chapter 9
|
|
19.
a. Limousine Annual Fee
b. Motor Vehicle Card Fee
|
$75
$50
|
|
20. Peddlers, Hawkers, Vendors, Transient Merchants:
See § 4-3.
|
$215
|
|
21. Garage Sales, Yard Sales. Garage sales and yard sales shall
not be permitted more than three days per year from June 1 through
May 31 of any year to dispose of unwanted or excess household items,
which may include but not necessarily be limited to: bicycles, beach
chairs, bedding, furniture, accessories. Repetitive sales of these
or other items at garage sales or yard sales shall be deemed a commercial
operation, and shall not be permitted except as authorized by other
appropriate regulations of the Township of Lakewood.
|
$5
|
|
22. Bowling Alleys, Box Alleys or Skeeball Alleys
| |
|
First two alleys
|
$20
|
|
Each additional alley
|
$5
|
|
23. Circus (unless charitable, etc.) Each day
|
$60
|
|
24. Livery Stables with Horses or Carriages for Hire, including
Riding Academies
More than 30 stalls
|
$35
$60
|
All licenses not renewed by August 15th of the renewal year
shall be subject to a late fee of $10 in addition to the fees set
forth above.
[Ord. No. 2011-24; Ord. No. 2013-23; Ord.
No. 2014-49]
As used in this section, the following terms shall have the
meanings indicated:
Shall be defined in the category of hawker, peddler, solicitor,
canvasser or junk dealer, as herein set forth.
Shall mean a kosher mobile food vendor and a non-kosher mobile
food vendor.
Shall mean any person, whether a resident of the Township
of Lakewood, in the County of Ocean, or not, who, with a motor vehicle
only, goes from place to place or from street to street offering for
sale prepared or packaged kosher food, beverages and dairy products.
The use of carts shall not be permitted. A kosher mobile food license
shall be required for each vehicle operating as a kosher mobile food
vendor. A kosher mobile food vendor licensee shall not remain stationary
in one location for a period of time in excess of 12 hours. For purposes
of this section, a kosher mobile food vendor shall be deemed to occupy
a stationary location if the vendor remains within 1,000 feet of a
location within the applicable time period. No more than 11 kosher
mobile food vendor licenses shall be issued by the Township Clerk
and be outstanding at any one time. A kosher mobile food vendor shall
be certified kosher by a certifying body either from within the community
or outside of the community that is recognized by the Jewish community
of Lakewood.
Shall mean any person, whether a resident of the Township
of Lakewood, in the County of Ocean, or not, who, with a motor vehicle
only, goes from place to place or from street to street offering for
sale prepared or packaged non-kosher food, beverages and dairy products.
The use of carts shall not be permitted. A non-kosher mobile food
license shall be required for each vehicle operating as a non-kosher
mobile food vendor. A non-kosher mobile food vendor licensee shall
not remain stationary in one location for a period of time in excess
of 12 hours. For purposes of this section, a non-kosher mobile food
vendor shall be deemed to occupy a stationary location if the vendor
remains within 1,000 feet of a location within the applicable time
period. No more than 14 non-kosher mobile food vendor licenses shall
be issued by the Township Clerk and outstanding at any one time.
Shall mean any person, whether a resident of the Township
of Lakewood, in the County of Ocean, or not, who goes from house to
house, from place to place or from street to street conveying or transporting
goods, wares, food, foodstuffs or merchandise of any kind and offering
or exposing the same for sale or making sales and delivering articles
to purchasers or any person who offers or exposes such items for sale
from a motor vehicle or conveyance of any kind.
Shall mean any partnerships, partner corporations, associations
or corporations or persons. This section shall also include any person
who distributes circulars or any other matter from house to house
in the Township of Lakewood in the County of Ocean.
Shall mean any person, whether a resident of the Township
of Lakewood, in the County of Ocean, or not, who goes from house to
house, from place to place or from street to street soliciting or
taking or attempting to take orders for sale of services, goods, wares
or merchandise, including magazines, books, periodicals, photographs
or personal property of any nature whatsoever, for future delivery
or for services to be performed in the future, whether or not such
individual has, carries or exposes for sale a sample of the subject
for such order or whether or not he is collecting advance payments
on such orders.
[Ord. No. 2011-24]
It shall be unlawful for any hawkers, peddlers, canvassers,
solicitors, mobile food vendors or junk dealers, as defined in this
section, to engage in any such business or operation in the Township
of Lakewood, in the County of Ocean, without having first obtained
a license therefor in compliance with the provisions of this section,
and in any event only in accordance with the terms and provisions
of this section and only in parts or locations of the Township of
Lakewood, in the County of Ocean, as permitted herein.
[Ord. No. 2011-24]
The terms of this section shall not be held to include the acts
of persons selling personal property at wholesale to dealers, and
nothing contained herein shall be held to prohibit any sale required
by statute or by order of any court.
[Ord. No. 2011-24]
a.
Applicants for a license under this section must file with the Township
Clerk a sworn application, in writing, which shall give the following
information:
1.
The name and physical description of the applicant.
2.
The complete permanent home and local address, and telephone number
of the applicant.
3.
A description of the nature of the business and the goods, services
or wares to be sold.
4.
If employed, the name and address of the employer, together with
the credentials therefrom establishing the exact relationship.
5.
The length of time for which the right to do business is desired
and the days of the week and the hours of the day within which said
business will be conducted.
6.
The source of supply of the goods or property or services proposed
to be sold, where such goods, services or products are located and
the method of delivery.
7.
Two recent photographs of the applicant which shall be approximately
two by two (2 x 2) inches showing the head and shoulders of the applicant
in a clear and distinguishing manner.
8.
Appropriate evidence as to the good character and business responsibility
of the applicant as will enable the Township of Lakewood and its agents
to properly evaluate such character and business responsibility.
9.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
other than traffic violations, the nature of the offense and the punishment
or penalty assessed therefor.
10.
Applicant shall purchase and maintain a policy of commercial general
liability insurance, including personal injury and property damage,
in the amount of not less than $300,000 per occurrence, $100,000 per
person and casualty insurance in the amount of $50,000 on property.
11.
Certificate of liability insurance naming the Township as an additional
insured. Each policy must be paid in full until the end of the then
current licensing year. The licensing year is July 1 thru June 30.
12.
Federal Employer Tax Identification Number.
13.
Proof of satisfactory inspection by the Ocean County Board of Health.
14.
Copy of Sales Tax Certificate.
b.
The applicant shall be fingerprinted if requested by the Township
Clerk, who shall determine whether said fingerprints are necessary
for proper identification, which fingerprint record shall be immediately
processed for classification and identification. The applicant will
pay $41 to the State of New Jersey for the fingerprinting.
c.
At the time of filing the application, a fee of $35 shall be paid
to the Lakewood Police to cover the costs of the background investigation.
d.
No license shall be issued until the application shall have been
approved by the Township Clerk, allowing adequate time for investigation
of facts set forth in the application.
e.
Applications for partners shall be signed by all partners, with the
foregoing provisions of this subsection answered in detail as to each
said partner, and applications of corporations shall have attached
thereto individual statements in accordance with all of the provisions
of this section relating to every employee, agent or servant who shall
engage in any of the functions authorized by this chapter and signed
by each such agent, servant or employee with full compliance herewith
by each such individual.
f.
Where the applicant is to undertake any activity to be licensed by
this section from a fixed or stationary location, the applicant shall
state the tax lot and block of such location on the application filed
with the Township Clerk, and provide a diagram detailing the location
of the activity. No permit shall be issued by the Township Clerk,
without the Township Clerk having determined in his or her sole discretion
that the fixed or stationary location does not impede or inconvenience
the public or traffic.
[Ord. No. 2011-24]
a.
Any person, organization, society or association desiring to solicit or have solicited in its name, money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any kind of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization at any place or places within the Township of Lakewood in the County of Ocean for a charitable, religious, patriotic or philanthropic purpose shall be exempt from the provisions of Subsections 4-3.4 and 4-3.7 of this section, provided that there is filed a sworn application, in writing, with the Township Clerk which shall give the following information:
1.
The name and purpose of the cause for which the permit is sought.
2.
The names and addresses of the officers and directors of the organization.
3.
The period during which the solicitation is to be carried on.
4.
Whether or not any commissions, fees or emoluments are to be expended
in connection with such solicitation and the amount thereof.
5.
The name and address of each agent or representative employed or
affiliated with such organization, society, association or corporation.
b.
Upon being satisfied that such person, organization, society or association
is a religious, charitable, patriotic or philanthropic organization
and that the agents or representatives who shall conduct the solicitations
are of good moral character and reputation, the Township Clerk shall
issue a Mercantile License without charge to such organization, association,
society or corporation to solicit in the Township of Lakewood. Such
organization, association, society or corporation shall furnish all
of its members, guests or representatives conducting such solicitation
with credentials, in writing, stating the name of the organization,
the name of the agent and the purposes of the solicitation.
[Ord. No. 2011-24]
a.
Each application shall be reviewed and investigated by the Township
Clerk as to the applicant's business and moral character as the Township
Clerk deems necessary for the protection of the public good, and the
Township Clerk shall endorse the application in the manner prescribed
in this section within a reasonable period of time after it has been
filed by the applicant.
b.
If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory or for any
other good cause, the Township Clerk shall disapprove the license,
and no license will be issued.
[Ord. No. 2011-24]
b.
Any veteran who holds a special State license issued under the laws
of the State of New Jersey shall be exempt from securing a license
as provided herein for hawking and peddling but shall be required
to comply with all other applicable sections of this section and shall
be required to procure from the Township Clerk a special veteran's
permit, which shall be issued by the Township Clerk upon proper identification.
[Ord. No. 2011-24]
Every person, association or organization to whom a license
is issued under the terms of this section shall be governed by the
following rules and regulations:
a.
All circulars, samples or other matter, except newspapers, which
shall be defined as a periodical with a paid circulation of at least
90% of its total circulation shall be handed to an occupant of the
property and not be left on or about the same.
b.
No person subject to the provisions of this section shall canvass,
solicit or distribute circulars or other materials or call from house
to house without the prior consent and approval of the Lakewood Police
and the Township Committee, except between the hours of 9:00 a.m.
and 6:00 p.m. Monday through Friday. No house to house solicitation
shall be permitted on Saturday or Sunday.
c.
No person subject to the terms of this section shall enter or attempt
to enter the land of any resident in the Township of Lakewood in the
County of Ocean without an express invitation from the occupant of
the house.
d.
No person subject to the terms of this section shall conduct himself
in such a manner as to become objectionable to or annoy an occupant
of any house.
e.
No licensee to whom a license has been issued under this section
for the sale of beverages, food products or foodstuffs of any nature
shall engage in the sale of the same in the Township of Lakewood except
between the hours of sunrise and sunset as determined by the "Air
Almanac" published by the United States Naval Observatory, Washington,
D.C. In addition, any such licensee shall, at the daily close of business,
remove any vehicle, from which such items are sold from any public
street, lot or other location on or from which the latter items are
or have been sold and shall further clear such lot or location of
any trash, paper or other debris resulting from the activities of
such licensee.
f.
Any licensee under this chapter shall be required to comply with Chapter 18 Unified Development Ordinance, of the Revised Code of the Township of Lakewood 1999 and any other ordinance, rule or regulation of the Township of Lakewood.
g.
No licensee to whom a license has been issued under this section
for the sale of beverages, food products or foodstuffs of any nature
shall engage in the sale of the same on any property owned by the
Township of Lakewood, along Routes 88, 526, 9, 70 and Kennedy Boulevard.
h.
No tables, crates or signs will be permitted at any location.
[Ord. No. 2011-24]
No licensee nor any person in his behalf shall shout, cry out,
blow a horn, ring a bell or use any sound-making or amplifying device
upon any of the streets, parks or public places of the Township or
upon private premises where sound emitted or produced therefrom is
of sufficient volume to be capable of being plainly heard upon the
streets, avenues, parks or other public places of the Township or
upon private premises therefrom to be capable of being plainly heard
upon the streets, avenues, parks or other places for the purpose of
attracting attention to any goods, wares, merchandise or services
which said licensee proposes to sell.
[Ord. No. 2011-24]
a.
No licensee shall have any exclusive right to any location in the
public street, sidewalk or right-of-way, nor shall any be permitted
to a stationary location thereon, nor shall any be permitted to operate
in a congested area where such operation might impede or inconvenience
the public use of such street. For the purpose of this section, the
judgment of the enforcement officer exercised in good faith shall
be deemed conclusive as to whether the area is congested or the public
impeded and inconvenienced. No licensee shall be permitted to remain
stationary in an area designated as a driveway, fire lane, bus stop,
or handicapped parking spot. No licensee shall be permitted to remain
stationary or occupy an area designated for more than two parking
spaces in an improved parking area.
b.
For purposes of this section, a licensee shall be permitted to operate
in a stationary location, provided the licensee shall be located in
an area zoned for business, commercial, industrial or office-professional
zone. No licensee shall be permitted to operate in a stationary location
in an area zoned residential or on a lot used for residential use.
c.
No licensee shall operate from a stationary location on private property
without submitting to the Township Clerk written confirmation that
the licensee has sent, via certified mail, a request for the express
written permission of the property owner to operate on the owner's
property. A licensee may not operate from a stationary location on
private property if the licensee is advised, in writing, that the
property owner denies the licensee permission to operate from that
location.
d.
No licensee shall operate from a stationary location on any (1) public
property, (2) property owned by the Township, or (3) on any private,
public or Township property along Routes 88, 526, 9, 70 or Kennedy
Boulevard.
[Ord. No. 2011-24]
The Township Clerk shall issue to each licensee at the time
of delivery of his license a badge which shall contain the words "Licensed
Peddler," the period for which the license is issued and the number
of the license in letters and figures easily discernible from a distance
of 10 feet. The badge shall, during the time the licensee is engaged
in peddling, be worn constantly by the licensee on the front of his
outer garment in such a way as to be conspicuous.
[Ord. No. 2011-24]
The State Police and the Township of Lakewood Police Department,
or any special police or agents of the Township of Lakewood shall
report to the Township Clerk all convictions for violations of this
section, and the Township Clerk shall maintain a record for each license
issued and record the reports of violations therein.
[Ord. No. 2011-24]
a.
Licenses issued under the provisions of this section may be revoked
by the Township Council of the Township of Lakewood in the County
of Ocean after notice and hearing for any of the following causes:
1.
Fraud, misrepresentation or a material incorrect statement contained
in the application for a license.
2.
Fraud, misrepresentation or a material incorrect statement made in
the course of carrying on his business as solicitor, canvasser or
peddler.
3.
Any violation of this section.
4.
Conviction of any crime or misdemeanor.
5.
Conducting the business of peddler, canvasser or solicitor, as the
case may be, in an unlawful manner or in such manner as to constitute
a breach of the peace or to constitute a menace to the health, safety
or general welfare of the public.
b.
Notice of the hearing for revocation of a license shall be given
by the Township Clerk, in writing, setting forth specifically the
grounds of complaint and the time and place of hearing. Such notice
shall be mailed, postage prepaid, to the licensee at his last known
address at least five days prior to the date set for the hearing or
shall be delivered by his agent in the same manner as a summons at
least three days prior to the date set for the hearing.
[Ord. No. 2011-24]
a.
Prior to the issuance of any license or permit to any licensee, said
prospective licensee shall file with the Township Clerk of the Township
of Lakewood in the County of Ocean a bond to said Township of Lakewood
in the County of Ocean in the amount of $1,000, which said bond shall
be executed by the proposed licensee as principal in a surety company
licensed to do business in the State of New Jersey, which said bond
shall be in accordance with and for all purposes provided in N.J.S.A.
45:24-5, and which said bond shall remain in force for the term of
the license to be issued and shall be conditioned as follows: to indemnify
and pay the Township of Lakewood in the County of Ocean any penalties
or costs incurred in the enforcement of any of the provisions of this
chapter and to indemnify or reimburse any purchaser of personal property
from the licensee in a sum equal to at least the amount of any payments
such purchaser may have been induced to make through the misrepresentation
as to the kind, quality or value of the personal property, whether
the misrepresentations were made by the licensee or said licensee's
agents, servants or employees either at the time of making the sale
or through any advertisement printed or circulated with reference
to such personal property or any parts thereof.
b.
The aforesaid bond shall be declared forfeited upon proof of falsification
in the application for a license.
c.
Said bond shall be deemed forfeited upon proof of violation of any
of the provisions of this section by the licensee or said licensee's
agents, servants or employees.
[Ord. No. 2011-24]
No licensee shall canvass or solicit orders for any articles
from pedestrian or vehicular traffic other than in a permitted locality,
and said licensee shall at no time double-park when operating his
business and shall in no event transact business when stopped in a
public street other than from the passenger side of the vehicle.
[Ord. No. 2011-24]
No licensee shall at any time permit any waste materials or
parts of produce or any other merchandise to remain in or upon a street,
roadway, curbs or walks and shall at all times remove any such debris
that may have fallen from his vehicle so that the same is immediately
placed in the metal containers as hereinabove provided.
[Ord. No. 2011-24]
All sales of merchandise by any licensee shall, at the time
of said sale, be placed in bags or other like suitable containers
when the same shall be handed to the customers of said licensee.
[Ord. No. 2011-24]
The licensee shall prohibit as reasonably as possible the eating
of any merchandise directly from his vehicle.
[Ord. No. 2011-24]
All licensees and their respective vehicles or modes of transportation
in carrying the permitted businesses shall at all times fully comply
with all terms, covenants and conditions of this section and all other
applicable municipal ordinances and all other applicable State laws,
regulations or provisions pertaining thereto and particularly, but
not in limitation thereof, that may deal with provisions of health,
safety and general welfare of the public.
[Ord. No. 2011-24]
a.
A license issued after the effective date of this section shall expire
on June 30 following the date of issuance of such license. Applications
for licenses to be issued under this section shall be made on forms
supplied by the Township Clerk.
b.
Licenses are Not Transferable. Licenses may be relinquished during
the license period by submitting a notarized letter from the license
holder to the Township Clerk declaring the intent to relinquish the
license.
c.
If a licensed mobile food vendor fails to renew his or her license
or relinquishes such license during the license period, the Township
Clerk shall send, via certified mail, correspondence to the first
applicant on the waiting list as established herein, advising such
applicant of the availability of a license. The notified applicant
shall have 10 calendar business days from receipt of the notification
to advise the Township Clerk, in writing, whether the applicant desires
to obtain the available mobile food vendor license. If the Township
Clerk does not receive a response from the first applicant within
10 calendar days of the applicant's receipt of the notification of
license availability, or if the certified mail is rejected or undeliverable,
the Township Clerk shall provide notification of availability to the
next applicant on the waiting list in the manner prescribed herein.
d.
Once the notified applicant advises the Township Clerk that the applicant desires to obtain the available mobile food vendor license, the applicant shall have eight weeks to meet all of the requirements established by this section. If the applicant fails to meet all such requirements within the eight weeks allotted, the Township Clerk shall provide notification of availability to the next applicant on the waiting list in the manner prescribed in Subsection c above.
e.
An applicant may secure a spot on the waiting list for a license
by submitting a completed mobile food vendor application to the Township
Clerk. The applicants on the list will be ranked in the chronological
order in which their initial applications are received by the Township
Clerk. Each applicant must submit a new application by November 30
of each year in order to remain on the waiting list. An applicant
will not lose ranking on the waiting list, provided a new application
is received by November 30 of each year. If the applicant's address
changes, it is the applicant's responsibility to so notify the Township
Clerk, in writing.
[Ord. No. 2011-24]
This section shall not affect any person engaging in delivering
wares, goods or merchandise or other articles or things in the regular
course of business in the premises of the person ordering or entitled
to receive the same.
[Ord. No. 2011-24]
No person regulated hereunder shall set up, maintain or permit
the use of any table, crate, sign, carton, rack or other device to
increase the selling or display capacity of the vending unit. No person
regulated hereunder shall stack or place the items offered to sale
upon any sidewalk, street or upon the ground. All materials, signs
and/or other items offered for sale shall be located solely on or
within the vending unit.
Each licensee shall have a plainly visible trash receptacle
or container on each vehicle used by the licensee. Each licensee shall
have a sign indicating, "Please place all trash in this container"
at the location of the receptacle or container.
In addition to the above, failure to comply with the terms and
provisions of this section may subject the licensee to the suspension
and revocation of the license.
[Ord. No. 2011-24]
Any person violating the terms of this section, whether as principal, agent or employee of another, shall, upon conviction in the Municipal Court of the Township of Lakewood in the County of Ocean, be subject to the penalties as provided in Chapter 1, § 1-5 General Penalty, in the discretion of the Judge of the Municipal Court of the Township of Lakewood.
In addition to the above, failure to comply with the terms and
provisions of this section may subject the licensee to the suspension
and revocation of the license.
See § 4-11 for regulations concerning Amusement Game licenses at First Energy Park.
[1971 Code § 6-4.1]
It shall be unlawful for any person to install, operate or maintain
or permit to be installed, operated or maintained, in any public or
quasi-public place, or in any building, store, restaurant, hotel,
inn, club, boarding house, amusement place or other place wherein
the public are invited or wherein the public may enter within the
Township, any coin-operated music machine, or any automatic amusement
games or games of the type commonly known as "pin amusement" games,
"bumper" games, "claw machines," "electric traveling crane," "digger,"
"rotary table," "counter games" or similar machines or devices and
particularly, but not by way of limitation, any coin-operated automatic
game, machine or device of the type heretofore mentioned operated
for profit, without a license for each machine.
[1971 Code § 6-4.2]
It shall be unlawful for any person to sell, lease, rent or place in any public or quasi-public place a coin-operated device referred to in Subsection 4-4.1 without a license to sell, lease, rent, or place such machine.
[1971 Code § 6-4.3]
Upon filing of written application for a machine license and
the paying of the license fee and compliance with the other regulations,
the Township Clerk shall, within eight days, issue a separate license
for each machine which the applicant desires to place, operate, maintain
or use. The license shall specifically state the serial number or
designation or other means of identification affixed to the machine
by the Township Clerk. The license shall be displayed in a conspicuous
place on the machine and shall not be transferred to another machine
unless the licensee immediately notifies the Township Clerk of the
transfer. No machine shall be placed, maintained, operated or used
in any public or quasi-public place unless the Township Clerk has
affixed a means of identification to the machine.
[1971 Code § 6-4.4]
Upon filing of a written application for a dealer's license
and the paying of the license fee, the Township Clerk shall, within
eight days issue a license to the person selling, leasing, renting
or placing one or more machines herein described in any public or
quasi-public place. The license shall not be transferable as to person.
[1971 Code § 6-4.5]
Licenses required under this section shall be issued for not
more than one year and shall expire on August 31 of each year.
[1971 Code § 6-4.6]
The license fees for licenses issued under this section for
each year or part of a year are as follows:
a.
For each penny-operated amusement game or machine including chewing
gum machines, each machine, $1.
b.
For each nickel-, dime-, or quarter-operated amusement game or machine
or pin game in which three balls or more are employed in the playing
thereof, each machine, $10.
c.
For each nickel-, dime-, or quarter-operated amusement game or machine
or pin game in which less than three balls are employed in the playing
thereof, each machine, $20.
d.
For each coin-operated counter game, each machine, $10.
e.
For each nickel-, dime-, or quarter-operated claw machine, electric
traveling crane, digger, rotary table or similar machine, each machine,
$20.
f.
(Reserved)
g.
For each coin-operated music machine, each machine, $10. For each
additional coin-operated music machine control box, $2.50.
h.
For each unclassified coin-operated amusement game or machine, each
machine, $15.
i.
For every person selling or leasing or renting or placing amusement games or machines or vending machines as described in Subsection 4-4.2 and candy, peanut and gum vending machines, $75.
j.
For concessionaires maintaining an amusement parlor having two and
not more than seven coin-operated amusement games of any type, $75.
k.
For concessionaires maintaining an amusement parlor having more than
seven coin-operated amusement games of any type, $150.
[1971 Code § 6-4.7]
Any person licensed to sell or lease or rent or place amusement
games or machines or vending machines shall make a written report
to the Township Clerk of the name and address of the proprietor or
lessee of the premises wherein the licensee desires to place, operate,
maintain or use any machine or machines. The licensee shall immediately
notify in writing the Township Clerk each time any machine is transferred
to public or quasi-public premises other than those set forth in the
report.
[1971 Code § 6-4.8]
No person shall use or permit any use of the machines or devices,
which are required to be licensed under this section for the purpose
of gambling
[1971 Code § 6-4.9]
a.
No person under the age of 17 years shall be permitted to use, play
with, or take part in any amusements, games or machines required to
be licensed under this section between the hours of 10:00 p.m. and
6:00 a.m.
[1971 Code § 6-4.10]
The licensee shall at all times maintain order in the licensed
premises in which the machines are situated and shall control the
activities of the patron using the machines, including prevention
of congregation of groups of patrons or persons attracted to such
business premises outside of the business premises in such manner
as to interfere with the normal flow of foot traffic or business to
and from any adjoining or nearby business establishment. The licensee
shall, if necessary, employ Special Police Officers or other duly
licensed guards to keep order about the premises and enforce the ordinances
of the Township relative thereto.
[1971 Code § 6-4.11]
The license issued by the Township in accordance with this section
may be revoked or suspended by the Township Committee after notice
and a hearing for any of the following violations:
a.
Fraud or misrepresentation in any application for a license.
b.
Fraud or misrepresentation in the conduct of the licensed premises
or use thereof.
c.
Conviction of the licensee for any felony or high misdemeanor or
a misdemeanor of a disorderly person's offense involving moral turpitude.
d.
Conduct of the licensed premises or use thereof whether by the licensee
himself or his agent or employees in an unlawful manner or in a manner
that constitutes a breach of the peace or a menace to the public health,
safety or general welfare.
e.
A violation of any provisions of this section.
[1971 Code § 6-4.12]
The automatic amusement games, machines, or devices referred to in Subsection 4-4.1 shall be permitted solely as an ancillary or accessory use to any business premises permitted by the Revised General Ordinances of the Township of Lakewood and there shall be allowed not more than three such devices on each of said premises. However, all licenses in effect as of December 12, 1982 for such games, machines or devices shall not be subject to the limitations of this subsection.
[1971 Code § 6-7]
[1]
Editor's Note: Prior ordinance history includes portions of
1971 Code §§ 6-10.1 — 6-10.12 and Ordinance
Nos. 99-70, 2001-29, 2006-46 and 2006-61.
[Ord. No. 2010-80]
The purpose of this section is to provide for the establishment
of a licensed towing operator list to be utilized when necessary by
the Police Department to provide quick, safe and reasonably priced
towing and wrecker services for abandoned, disabled or wrecked vehicles
and the regulation of said operators, and to keep the flow of traffic
as free as possible, as authorized by N.J.S.A. 40:48-2.49. All towing
operators while on duty shall operate as independent contractors and
nothing herein shall be deemed to establish a principal agent relationship
between the Township of Lakewood and licensed towers, this section
is to regulate the operation of the wreckers and fees charged.
[Ord. No. 2010-80]
As used in this section:
Shall mean the charges for post-accident services including
but not limited to physical inspection, telephone and/or fax call,
removal of personal items and additional paperwork. The fee shall
be charged after the 4th documented visit to a single vehicle or upon
additional paperwork, including certified letters, has occurred.
Shall mean the removal and transportation of an automobile
from a highway, street or other public or private road or a parking
area, or from a storage facility and any other services normally incident
thereto, but does not include recovery service.
Shall mean the operation of an unengaged wrecker or person
[Amended 12-8-2022 by Ord. No. 2022-49]
Shall mean any person, firm or corporation who owns and/or
operates a vehicle on the roads and highways within the Township of
Lakewood, whose vehicle by reason of being disabled or being unlawfully
upon said roads, requires towing services.
Shall mean any operation, which requires the recovery of
an automobile from a position beyond the right-of-way or berm, or
from being impaled upon any other object within the right-of-way or
berm by several actions, which may include but not be limited to winching
and rigging. A recovery shall be when a towing operator applies his/her
knowledge in a skillful manner to preserve the condition of the motor
vehicle while moving the damaged vehicle to a towable position. If
there is an extenuating circumstance in which excessive winching is
required (i.e. vehicle off of roadway which requires more than 50
feet of cable) an additional charge of $20 per 1/2 hour will apply.
Must be documented by the officer at the scene or with photographs
showing services.
Shall mean a person, firm, or corporation engaged in the
business of providing wrecker services and storage services for vehicles
towed, which services are made available to the general public upon
such rates, charges, and fees as determined by said person, firm or
corporation.
Shall mean the charge paid to the Township of Lakewood as
per the provisions of this section. Such charge is hereby established
to cover costs incurred by the Township of Lakewood in administration
of towing services, automobile releases, reports, advertisement of
auctions and notifications to owners. Towing operators will collect
and submit this fee as per this section.
Shall mean the combined operation of removing and then replacing
a transmission locking pin, when such operation is necessary before
a vehicle can be moved.
Shall mean the charge for a motor vehicle that is not movable
and has been towed into the storage facility of the primary owner
and must be towed out of the primary's tower storage facility to a
public street for towing by the secondary tower.
Shall mean any additional time a tow operator spends at the
scene other than the time required for the actual tow and/or recovery.
Examples of waiting time may include but are not limited to Emergency
Medical Services which must be performed and/or police investigations.
Shall mean any operation in which a vehicle is moved onto
a roadway from a position off the roadway, or any operation in which
substantial work is required to prepare a vehicle for normal towing.
Shall mean a vehicle driven by mechanical power and employed
for the purpose of towing, transporting, conveying, or removing any
and all kinds of vehicles, or part of vehicles, which are unable to
be operated under their own power, for which a service charge or fee
is exacted.
[Ord. No. 2010-80]
As stated in Subsection 4-6.11 Rate Schedule.
[Ord. No. 2010-80]
a.
No towing operator shall operate within the Township of Lakewood
without obtaining a towing license in accordance with the provisions
of this section in addition to any other licenses required under Township
of Lakewood ordinances, except as is otherwise provided herein.
b.
No person, partnership, entity, corporation or business shall acquire
more than one license. Each licensee shall meet the standard for licensing
as set forth in this section.
c.
Application for a towing license shall be made to the Township Committee
as a form proscribed by the Township Clerk. The Township Committee
shall approve or reject a license application.
d.
Each application shall be accompanied by a photograph of the vehicle
or vehicles to be used by the applicant, such photograph shall show
all of the applicant's identification and markings. The applicant
shall also include a copy of all vehicle registrations, insurance
cards, along with proof of liability and worker's compensation insurance.
Each applicant shall provide a photograph of the place of business
or premises. The applicant shall also provide a photograph evidencing
a secured yard and/or facility. A copy of a lease or proof of ownership
must also be provided.
e.
If the Township Committee rejects a license application for good
cause, the rejected applicant may request a hearing before the Committee.
[Ord. No. 2010-80]
Specifically exempted from the license and regulation requirements
of this section are towing operators providing towing, transporting,
conveying, or removal of vehicles from private property within the
Township unless authorized by the police, or operators who are directly
and privately engaged or designated by the owner, without the assistance
of the Police Department, to be towed, transported, conveyed or removed.
[Ord. No. 2010-80; Ord. No 2011-23 § 1]
a.
Equipment Requirements. No license shall be issued to a towing operator
who does not possess at his place of business for utilization in this
business, the following equipment, which shall bear a manufacturers
I.D. plate containing the below required ratings information or otherwise
be rated and certified by a national testing company. Said equipment
shall be inspected by the Chief of Police or his authorized representative
prior to a license being issued.
1.
At least one four-ton or larger wrecker with boom and drum capable
of being operated from inside or outside the wrecker having a minimum
rating of four tons; drums to have a minimum of 100 foot long cable
at least three-eighths (3/8) inch in diameter with a recommended working
limit of a minimum of 7,000 pounds; recommended gross vehicle weight
of truck or chassis of 10,000 pounds or greater; and dual rear wheels
maintained and equipped at least in accordance with manufacturer's
specifications. Equipped with a 360 degree amber emergency warning
light with permit.
2.
Safety equipment to be carried on tow trucks on call shall include
the following:
(a)
One universal towing sling.
(b)
Speedy dry absorbent.
(c)
Shovel and broom.
(d)
Tow hooks and chains.
(e)
One snatch block for three-eighths (3/8) to 1/2 inch cable.
(f)
Two high test safety chains.
(g)
Auxiliary safety light kit to place on rear of towed vehicle.
(h)
Toolbox with assortment of hand tools and emergency pry bars.
(i)
At scene work lights.
(j)
Blocking chocks for wrecker.
(k)
Safety cones and flares.
(l)
Fire extinguisher, ABC rated.
(m)
Steering wheel lock or tie down.
(n)
Protective gloves.
b.
Flatbed Requirements.
1.
At least one flatbed or car carrier with at least a one-car capacity,
a 360 degree amber emergency warning light with permit, wheel chokes.
2.
Safety Equipment.
(a)
Tow hooks and chains.
(b)
Speedy dry absorbent.
(c)
Wheel chocks.
(d)
One snatch block for three-eighths (3/8) to 1/2 inch cable.
(e)
Two high test safety chains.
(f)
Auxiliary safety light kit to place on rear of towed vehicle:
if towed behind a flatbed.
(g)
Tool box with assortment of hand tools and emergency pry bars.
(h)
At scene work lights.
(i)
Safety cones and flares.
(j)
Fire extinguisher, ABC rated.
(k)
Shovel and broom.
(l)
Protective gloves.
3.
All applicants for a towing license shall be subject to background
investigation by the Police Department.
4.
All licensed towers are required to have a cellular phone or other
method of communication to the tower's home base to provide Lakewood
Township with 24 hour coverage while on tow duty.
5.
Towing operators shall accept cash and credit card payment for all
services rendered. Check payment is up to the discretion of the towing
business.
c.
Facilities Required. Each towing operator shall have access to a
secure, adequately lighted, separately fenced or enclosed storage
area for the safe storage of a minimum of 50 towed vehicles, located
within the Township. The storage area must be owned or leased by the
licensee, and used exclusively in connection with the licensee's towing
operations. All towed vehicles must be stored within the storage area.
Subject to the Zoning Regulations of the Township of Lakewood, the
fenced-in enclosure shall be six feet in height and be of chain link
construction or other similar and durable materials. The fence shall
be sufficient to obstruct the interior of the secured premises from
public view. Additionally, each towing operator shall have access
to an indoor storage area for the storing of impounded vehicles involved
in criminal transactions located within the Township.
d.
Employee Standards. All towing operators and their employees who operate towing equipment shall be certified, fully trained and knowledgeable in the operation of all required equipment. Certifications are to be approved by the Traffic Safety Office. All towing businesses when on towing call must have available for service, at least two qualified and certified employees that will be available on duty 24 hours a day, seven days a week without exception while on police tow call and/or another Lakewood licensed tower who is on the police duty towing list may assist to back up the duty wrecker when needed to arrive at the scene within a reasonable time as defined in Subsection 4-6.8 (15 minutes, weather permitting). It will be the responsibility of the tower on duty to notify his back up tower to respond, all vehicles will be towed to the on duty tower's yard. The hours of operation shall be as follows for releasing vehicles to the public, 8:00 a.m. to 5:00 p.m. Monday through Friday and from 10:00 a.m. to 3:00 p.m. on Saturday and Sunday with the exception of Independence Day, Labor Day, Christmas Day, New Years Day and Memorial Day. All towing companies will notify the Traffic Safety Office when a new employee is hired. Notification must be made within 10 days with the employee's name, address, telephone number, driver's license number and towing certification/certificates.
e.
Insurance Required. All towing operators shall maintain and produce
proof of the following insurance coverage to the Township Clerk:
1.
Workmen's compensation insurance for all employees.
2.
Minimum liability coverage on light/medium-duty vehicles with a gross
weight of less than 32,000 pounds is $750,000. Minimum liability coverage
on heavy-duty vehicles with a gross weight of more than 32,000 pounds
is one million ($1,000,000) dollars.
3.
Property damage insurance, $100,000.
4.
Theft insurance on stored vehicles.
5.
The certificate of insurance shall be issued by a company certified
to do business in New Jersey and each policy so required must contain
an endorsement providing for 10 days notice to Lakewood Township in
the event of any material changes in the policy of cancellation thereof
and must name the Township of Lakewood as an insured party.
6.
In addition thereto, the towing operator shall provide an indemnification
and hold harmless agreement in accordance with the Township of Lakewood
terms and conditions.
7.
A valid Certificate of Occupancy for the business office of the Facility.
8.
A current business license to operate within the Township.
f.
Business Location. All towing businesses shall be located within
the Township of Lakewood so as to ensure a quick, safe response to
calls as needed, to provide reasonably priced services, to remedy
unsafe traffic conditions caused by disabled vehicles as expeditiously
as possible and to eliminate traffic congestion as rapidly as possible.
Also, each towing company must retain a physical mailing address in
the Township of Lakewood.
g.
Application Process. Prior to issuance of license, each wrecker and
storage facility will be inspected by the Police Department to ensure
that all equipment and safety standards and all rules and regulations
have been complied with. Any applicant not in full compliance at the
time of the first inspection during the application process will not
be permitted to tow until a second or subsequent inspection as conducted
by the Police Department indicates said applicant is in full compliance
with all rules and regulations.
[Ord. No. 2010-80; Ord. No. 2016-5]
The following schedule of fees is hereby adopted for obtaining
a towing operator's license and a renewal of towing operator's license
pursuant to this section.
a.
Application Fee: $150 (Initial).
b.
License Fee: $325.
c.
Renewal Fee: $200. This fee shall be payable every year on September
30th. License and renewal fees paid pursuant to this section shall
not be refundable for any reason.
d.
Administrative Fee. A fee of $25 shall be charged by the towing operator
after 4th documented visit to the vehicle or after additional paper
work (i.e. certified letters). Towing operator shall document why
this charge has been added and reference this section.
e.
Township Processing Fee. A fee of $50 shall be charged on behalf
of the Township by the towing operator on all released vehicles, whether
towed for impound or MVA. This fee is to be paid to the Township for
each released vehicle by the towing operator within 30 days of the
finish of each tow cycle. However, if the towing operator or operators
receive no fee for towing services, the fifty ($50) dollar fee to
the Township may be waived by the Township Manager.
[Ord. No. 2010-80]
License issued pursuant to this section shall be for a term
of one year.
[Ord. No. 2010-80]
a.
No flashing lights or sirens shall be used by a towing operator except
by permission granted by the Chief of Police under the provisions
of N.J.S.A. 39:3-50.
b.
Each wrecker and flatbed must meet all of the requirements and regulations
of Title 39 Motor Vehicle Rules and Regulations including but not
limited to proper registration and inspection. Dealer registration
will not be permitted and each vehicle must have displayed thereon
the name and phone number of the owner/business in a minimum of three
inch letters, which must be permanently affixed. The physical appearance
of both the wrecker and flatbed will be of professional quality, as
far as equipment and exterior finish. Further, each wrecker must have
a boom lifting capacity of at least four tons.
c.
Each wrecker, while on duty, will be responsible for changing tires
on police vehicles at any time when required to do so and can pick
up the tires at Police Headquarters. This service will be performed
free of charge.
d.
The governing body hereby designates the Police Department generally,
and the Chief of Police particularly, as the supervising authority
to enforce the provisions of this section. The Chief of Police is
hereby given the authority to promulgate and enforce reasonable rules
and regulations necessary to carry out the intent and purpose of this
section provided copies thereof are submitted to the governing body
for approval at least 14 days prior to effective date thereof and
written approval is given.
e.
Prior to license renewal during the calendar year, each towing operator
licensed under this section shall be inspected by a representative
of the Police Department for compliance with the provisions of this
section without prior notice on and any rules and regulations promulgated
hereunder and a written inspection report thereof shall be prepared
by the Police Department, signed by the operator who shall receive
a copy thereof and filed with the Township Clerk. Failure to maintain
the required equipment or to maintain same in good condition shall
be grounds for removal from the towing list unless said failure is
remedied within 30 days of receipt of the written inspection.
f.
Each towing operator, prior to departure from the scene of towing
services, shall clean the streets of any debris resulting from any
accident at such scene and shall at all times carry the necessary
equipment to perform such cleaning services.
g.
No towing operator, licensed under this section, shall respond to
the scene of an accident except upon the request of the driver or
owner of the vehicles involved or except upon the request of the Police
Department. If the owner or driver requests a private towing service
to respond to the accident scene, it will be the responsibility of
that responding company to clean up the accident scene or they will
not be allowed to tow the vehicle.
h.
Any refusal by a licensed towing operator to tow or remove a vehicle when requested by the police shall be reported by the Police Officer assigned to the incident to his superior. The report of refusal shall include the reasons for refusal and a description of the disabled vehicle and shall be furnished to the Chief of Police. The operator shall be subject to removal from the duty list for said refusal if deemed unreasonable by the Chief of Police provided he is first given a hearing pursuant to Subsection 4-6.9 hereof.
i.
Towing operators shall arrive at the scene to which they are dispatched
within a reasonable time after being dispatched. Under normal circumstances,
such reasonable time limit is defined as within 15 minutes of receipt
of the call, weather permitting. Next operator on list shall be on
standby in case additional help is needed, unless the tower has made
prior arrangements with another licensed tower to use as his backup
tower.
j.
When any unusual situation occurs due to an investigation or special
operations detail which is conducted through the Police Department,
office of the Chief of Police or an accident which may be dangerous
to the safety of the public, such as disabled vehicles containing
dangerous cargo, solvents, fluids, natural gas, or the spilling thereof
or danger related thereto. It will be in the discretion of the Police
Department to select a towing company qualified to perform the duties
of the operation needed. This company if selected does not have to
be within the Township of Lakewood.
k.
When no designation or destination has been made to where the vehicle
is to be towed, the licensed towing operators are authorized to remove
the vehicles to the towing operator's place of business. It may be
requested by the owner or driver of the vehicle involved in the accident
or a disabled vehicle, to have the vehicle towed to another place
of business or residence within the Township of Lakewood, by the on-duty
towing service.
l.
When vehicles
are towed to premises controlled by the Police Department for the
purpose of utilizing the vehicles or its contents as evidence, or
for other purposes, such vehicle shall not be released from police
custody unless the owner of the vehicle furnishes the Police Department
with a receipt that towing service fees have been paid.
m.
In all cases where cars are to be towed for illegal parking, summonses
for such offenses shall be issued prior to towing.
n.
No towing operator operating under the license issued hereunder shall
employ directly or indirectly any personnel or employees of the Township
of Lakewood that maintain a position which is consistent of full time
of 40 hours or more per week (i.e. Police, Public Works).
o.
The Lakewood Township Police Department shall maintain a log record
of calls to licensed towing operators under this section. Said record
shall be available for inspection by any licensed operator or member
of the public upon reasonable notice.
p.
Such additional rules and regulations as may be promulgated by the Chief of Police shall take effect 30 days after notification by the Township Clerk of such rules and regulations upon all holder of licenses for towing operators provided further that they are approved by the governing body pursuant to Subsection 4-6.8 hereof. Service shall be made by forwarding these rules and regulations by certified mail, return receipt requested, to the licensee at the address listed in his most recent application.
q.
Abandoned automobile summonses shall be issued prior to towing abandoned
automobiles and the licensed towing operator on call shall be responsible
to tow said vehicles to the licensee's premises at no cost to the
Police Department or the Township of Lakewood. Police will assist
operators to obtain junk title for said vehicles after proper waiting
period, pursuant to law.
r.
Towing operators shall keep a complete log of all vehicles towed
while on duty which shall contain at least the following information:
1.
Date, time, and location of towing.
2.
Nature of call.
3.
Destination.
4.
If vehicle stored, the date storage commenced and terminated.
5.
Itemized bill of all charges.
6.
The log shall be made available to the Chief of Police at his request
upon reasonable notification by the Chief or his designated representative.
s.
Car owners shall be supplied with bill listings charges, which shall
be itemized.
t.
Towing operators shall have vehicle owners or authorized representative
sign release forms when releasing vehicles.
u.
Towing operators shall be capable of providing adequate transmission
service if required in order to tow a vehicle, in order that the transmission
will not be damaged by towing.
v.
The Chief of Police shall see that a record is maintained containing
the names, addresses and 24 hour telephone numbers of all licensed
wreckers and a record of the types of wreckers available to meet the
specific need of the emergency. The Chief of Police shall also see
that a record is maintained of the regular response of wreckers to
police calls and any and all complaints from vehicle owners as to
improper charges or service. Any complaints as to the towing and/or
storage charges shall be referred to the Chief of Police, who shall
attempt to resolve same, and shall report same to the Division of
Consumer Affairs.
w.
The Chief of Police shall maintain a weekly revolving list of licensed
wreckers to provide service where needed and shall instruct all duty
and investigating officers to utilize said list. The Chief of Police
shall supply a police radio to the tower, so that they may remain
in contact with the Police Department. The radio, its case and microphone
will be supplied by the Chief of Police and will be the responsibility
of the tower in the event it is broken or is stolen. In the event
the radio is broken or stolen, it will be replaced by the on-duty
tower. The Police radio while in the possession of the tower must
be kept away from people not directly involved with the towing service.
x.
The Police Chief shall have the power to temporarily suspend a wrecker's
license for violations of safety standards or violations of the rules
and regulations of operation. The following shall serve as a guide
in imposing penalties for violations.
y.
Any additional charges and/or fees not mentioned within this section
must be approved by the Traffic Safety Office.
z.
Each tow truck in use pursuant to this section shall display weight
classification cab decals pursuant to State requirements.
[Ord. No. 2010-80]
The Township Committee shall have the right to suspend or revoke
any license issued under this section for good cause upon written
complaint of the Chief of Police of the Township following his determination
that there is justification for revocation or suspension. Written
notice of such complaint and the basis of the complaint shall be given
to the licensee and said licensee shall be entitled to a hearing before
the Township Committee with the right to present evidence on his behalf
and to be represented by an attorney and to show why the suspension
should not be implemented. The Rules of Evidence of the State of New
Jersey shall not apply at such hearing and the decision of the Township
Committee shall be in the form of a resolution containing findings
of fact derived from the evidence presented.
[Ord. No. 2010-80]
No license issued pursuant to this section shall be transferable
and upon cessation of activity under the license through revocation
or otherwise, the license shall be determined null and void. The exception
to the license transfer would be to a family member taking over the
business through a sale of the business/partnership or through death.
[Ord. No. 2010-80]
Every operator of a towing service shall give the owner a written
itemized bill for the towing cost and a written receipt when paid.
A schedule of the towing regulations and fees shall be posted for
viewing by the public at each towing business on the Police Duty List
and in the Traffic Safety Office in the Police Department. Towing
fees and charges shall be as follows:
a.
Towing.
|
1. Automobile and trucks with a gross vehicle weight requirement
(GVWR) of 8,600 pounds or under, motorcycles and motor scooters and
snow removal included. Includes the use of special equipment (i.e.
flatbed and wheel lift).
| |
|
Flat Rate
|
$100
|
|
2. Automobiles and trucks over 8,601-15,000 GVWR
| |
|
Flat Rate
|
$150
|
|
3. Trucks, buses, tractor-trailers and other heavy equipment
over 15,001 pounds
| |
|
Minimum Fee
|
$250
|
b.
Additional.
|
1. Mileage for vehicles towed from outside of the Township perimeters
only
|
$3/mile
|
|
2. Unlock transmission
|
$10
|
|
3. Speedy dry, per bag
|
$12.50
|
|
4. Waiting time (per man an hour, maximum two men)
|
$25
|
|
5. Extra clean up over half an hour for extra debris, glass,
vehicle parts. Debris (clean up is mandatory Ref: N.J.S.A. 39:4-56.8)
|
$25
|
|
6. Administrative fee as per Subsection 4-6.6d
|
$25
|
|
7. Township processing fee as per Subsection 4-6.6e
|
$50
|
|
8. Removal and yard fee within the towing operators business
to street. (Use of mechanical device to two vehicle to front of business
for pick up)
|
$25
|
|
9. Recovery and service fees and charges relating to automobiles
and trucks with a GVWR of 8,600 pounds, or less and motorcycles
|
$50/half hour
|
|
10. Recovery and service fees and charges relating to heavy
duty vehicles including automobiles and trucks with a GVWR of 8,601
and over, all buses, tractor trailers and other heavy equipment.
|
$125/half hour
|
c.
Storage—Outside:
|
1. Automobiles, cycles, trucks under 15,000 pounds $1 per hour
for first calendar day, thereafter.
(a) Vehicles impounded for Title 39 Violations
will receive 1 day free storage based on a 24-hour period.
|
$25/day
|
|
2. Trucks, buses, tractor-trailers, etc. over 15,000 pounds
|
$50/day
|
d.
Storage—Inside.
|
1. Automobiles, cycles, trucks under 15,000 pounds (when required
by Police Department for investigation purposes only)
|
$25/day
|
|
Payment for impounded vehicles may be in cash or credit card.
Towing operators shall accept cash and credit card payment for all
other services rendered. Check payment is up to the discretion of
the towing business.
|
[Ord. No. 2010-80]
The Police Department shall promulgate a duty list on a semi-annual
basis. Said list shall be served by regular mail on all licensed towing
operators of record, one month in advance of the effective date of
the new list. All licensees of record at that time shall have their
names placed on said duty towing list for use by the Police Department
when necessary. All towing operators licensed after the date of mailing
above referenced shall be added to the bottom of the newest list promulgated.
The licensee on duty shall be on duty for a seven-day period commencing
each Wednesday at 9:00 a.m. Licensees will be used in rotation in
order to assure fairness. The duty list will be comprised of 12 operators.
No towing operator will cover, operate, drive equipment or switch
on the police duty list without being authorized by the Chief of Police
or his designee. This must be requested in writing two weeks prior
to the duty week. Should one of the 12 licenses become available,
the first completed application will be added to the roster with approval
of the Chief of Police. The Chief of Police shall reserve the right
to add additional duty wreckers to roster at his discretion.
[Ord. No. 2010-80; amended 12-8-2022 by Ord. No. 2022-49]
Nothing in this section shall be construed to prevent any owner
or driver of a motor vehicle from calling any tower or wrecker of
their own choice for a disabled vehicle on the roadway not involved
in a motor vehicle accident.
However, if the Police Officer at the location of the disabled
vehicle has safety concerns regarding the location of the vehicle
or the towing service requested cannot respond within a timely manner,
the Officer may supersede the owner's desires and call a tower based
on the Police towing rotation list. Once the vehicle has been removed
from the roadway and deemed safe by the Police Department, the owner
can make arrangements to have their vehicle moved.
It shall be unlawful for any person to interfere with medical
or patient care or a police investigation of a motor vehicle accident
or emergency situation on a roadway within the Township of Lakewood.
[Ord. No. 2010-80]
By making application to be utilized as a tower or wrecker by
the Police Department and by accepting such position, the person or
firm agrees to the following:
a.
Provide a prompt response to each call (fifteen (15 minutes of notification),
weather permitting.
b.
Clean all debris at the accident site emanating from the accident.
c.
If at the end of 30 days the registered owner of the motor vehicle
has not claimed his vehicle then the operator shall be permitted to
request that the Chief of Police submit appropriate application for
a salvage permit for said vehicle. This provision applies only to
motor vehicles directed to be towed by the Police Department.
d.
Maintain a record in a bound volume of all towing and wrecking jobs
handled, the name of the owner or operator involved, the charge made
for the service, the date and an amount of payment.
e.
Comply with all other terms and conditions of this section.
f.
The licensee shall be responsible for the release of each vehicle.
No vehicle is to be released without police authorization if there
is a condition of release noted on the towed vehicle report.
g.
No vehicle shall be stored inside unless authorized by the investigating
officer or the owner/driver of the vehicle.
[Added 12-8-2022 by Ord. No. 2022-49]
The practice of cruising is forbidden. Furthermore, no person
shall pay any gratuities, fees, gifts or other compensation to any
third person not involved in the accident for information as to the
location of any accident.
Each and every person or entity violating provision subsection 4-6.15 shall, upon conviction, be subject to up to 90 days in the county jail, 90 days of community service or a fine not to exceed $2,000.
[1971 Code § 6-11.1]
As used in this section:
Shall mean any and all persons, other than the masseurs or
masseuses, who render any service to the permittee; who receive compensation
directly from the permittee, and who have no physical contact with
the customers and clients.
Shall mean any method of pressure on or friction against,
or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating
of the external soft parts of the body with the hands or with the
aid of any mechanical electrical apparatus or appliances with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointments or other similar preparations
commonly used in this practice.
Shall mean any establishment having a fixed place of business
where any person, firm, association or corporation engages in or carries
on or permits to be engaged in or carried on any of the activities
mentioned in this subsection. Any establishment engaged in or carrying
on, or permitting any combination of massage and bath house shall
be deemed a massage establishment.
Shall mean any person including a trainee, who, for any consideration
whatsoever, engages in the practice of massage as herein defined.
Shall mean any person over 18 years of age who receives a
massage under such circumstances that it is reasonably expected that
he will pay money or give any other consideration therefor.
Shall mean the operator of a massage establishment and out
call massage service.
Shall mean any school or institution of learning which has
for its purpose the teaching of the theory, method, profession, or
work of massage, which school requires a resident course of study
not less than 70 hours to be given in not more than three calendar
months before the student shall be furnished with a diploma or certificate
of graduation from the school or institution of learning following
the successful completion of the course of study of learning.
[1971 Code § 6-11.2]
a.
Business Permit Required. No person shall engage in or carry on the
business of massage unless he has a valid massage business permit
issued by the Township pursuant to the provisions of this section
for each and every separate office or place of business conducted
by the person.
b.
Masseur's Permit Required. No person shall practice massage as a
masseur, employee or otherwise, unless he has a valid and subsisting
masseur's permit issued to him by the Township pursuant to the provisions
of this section.
[1971 Code § 6-11.3]
Every applicant for a permit to maintain, operate or conduct
a massage establishment or out call massage service shall file an
application with the Township Clerk upon a form provided by the Township
Clerk and pay a filing fee of $100, which shall not be refundable.
[1971 Code § 6-11.4]
Any person desiring a massage business permit shall file a written
application with the Township Clerk on a form to be furnished by the
Township Clerk. The applicant shall accompany the application with
a tender of the correct fee as hereinafter provided and shall, in
addition, furnish the following:
a.
The type of ownership of the business (i.e., whether individual,
partnership, corporation, or otherwise);
b.
The name, style, and designation under which the business or practice
is to be conducted;
c.
The business address and all telephone numbers where the business
is to be conducted;
d.
A complete list of the names and residence addresses of all masseurs
and employees in the business and the name and residence addresses
of the manager or other person principally in charge of the operation
of the business;
e.
The following personal information concerning the applicant, if an
individual; and concerning each stockholder holding more than 10%
of the stock of the corporation, each officer and each director, if
the applicant is a corporation; and concerning the partners, including
limited partners, if the applicant is a partnership; and concerning
the manager or other person principally in charge of the operation
of the business:
1.
Name, complete residence address and residence telephone numbers.
2.
The two previous addresses immediately prior to the present address
of the applicant.
3.
Written proof of age.
4.
Height, weight, color of hair and eyes, and sex.
5.
Two front face-portrait photographs taken within 30 days of the date
of the application and at least two inches by two inches (2"x2") in
size.
6.
The massage or similar business history and experience, including
but not limited to whether or not such person in previously operating
in this Township or another town or state under license or permit
has had such license or permit denied, revoked, or suspended and the
reason therefor, and the business activities or occupations subsequent
to such action of denial, suspension or revocation.
7.
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted, and the offense
for which convicted and circumstances thereof.
8.
Diploma, certificate, or other written proof of graduation from a
recognized school by the person who shall be directly responsible
for the operation and management of the massage business.
f.
Such other information, identification, and physical examination
of the person as shall be deemed necessary by the Township Clerk to
discover the truth of the matters hereinbefore required to be set
forth in the application.
g.
Authorization for the Township, its agents and employees to seek
information and conduct an investigation into the truth of the statements
set forth in the application.
h.
The names and addresses of three adult residents of the County who
will serve as character references. These references must be persons
other than relatives and business associates.
i.
Written declaration by the applicant, under penalty of perjury, that
the foregoing information contained in the application is true and
correct, said declaration being duly dated and signed in the Township.
[1971 Code § 6-11.5]
No massage establishment shall be issued a permit, nor be operated,
established, or maintained in the Township unless an inspection by
the Health Officer, Building Inspector and Fire Inspector reveals
that the establishment complies with each of the following minimum
requirements:
a.
Construction of rooms used for toilets, tubs, steam baths, and showers
shall be made waterproof with approved waterproof materials and shall
be installed in accordance with the building code of the Township;
b.
All massage tables, bathtubs, shower stalls, steam or bath areas
and floors shall have surfaces which may be readily disinfected;
c.
Adequate bathing, dressing and locker facilities shall be provided
for the patrons to be served at any given time. In the event male
and female patrons are to be served simultaneously, separate bathing,
dressing, locker and massage room facilities shall be provided;
d.
The premises shall have adequate equipment for disinfecting and sterilizing
nondisposable instruments and materials used in administering massages.
Such nondisposable instruments and materials shall be disinfected
after use on each patron;
e.
Closed cabinets shall be provided and used for the storage of clean
linen, towels, and other materials used in connection with administering
massages. All soiled linens, towels, and other materials shall be
kept in properly covered containers or cabinets, which containers
or cabinets shall be kept separate from the clean storage areas;
f.
Toilet facilities shall be provided in convenient locations. When
employees and patrons of different sexes are on the premises at the
same time, separate toilet facilities shall be provided for each sex.
A single water closet per sex shall be provided for each 20 or more
employees or patrons of that sex on the premises at any one time.
Urinals may be substituted for half of the water closets for the male
patrons after one water closet has been provided. Toilets shall be
designated as to the sex accommodated therein;
g.
Lavatories or washbasins provided with both hot and cold running
water shall be installed in either the toilet room or a vestibule
immediately adjacent thereto. Lavatories or washbasins shall be provided
with soap and a dispenser and with sanitary towels;
h.
The premises shall be equipped with a service sink for custodial
services;
i.
The premises shall meet the Building Code and Fire Code of the Township;
|
The Health Officer, the Building Inspector, and the Fire Inspector
shall certify that the proposed massage establishment complies with
all the requirements of this section and of this chapter and shall
send such certification to the License Inspector.
|
[1971 Code § 6-11.6]
Any person desiring a masseur's permit shall file a written
application with the Township Clerk on a form to be furnished by the
Township Clerk. The applicant shall tender with the application the
correct permit fee as hereinafter provided and shall, in addition,
furnish the following:
a.
The business address and all telephone numbers where the massage
is to be practiced.
b.
The following personal information concerning the applicant:
1.
Name, complete residence address and residence telephone numbers.
2.
The two previous addresses immediately prior to the present address
of the applicant.
3.
Written proof of age.
4.
Height, weight, color of hair and eyes, and sex.
5.
Two front face-portrait photographs taken within 30 days of the date
of application and at least two inches by two inches (2"x2") in size.
6.
The massage or similar business history and experience, including
but not limited to whether or not such person in previously operating
in this Township or another city or state under license or permit
has had such license or permit denied, revoked, or suspended and the
reason therefor, and the business activities or occupations subsequent
to such action of denial, suspension or revocation.
7.
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted, and the offense
for which convicted and the circumstances thereof.
8.
Diploma, certificate, or other written proof of graduation from a
recognized school where the theory, method, profession or work of
massage is taught.
9.
A statement in writing from a licensed physician in the state that
he has examined the applicant and believes the applicant to be free
of all communicable diseases.
c.
Such other information, identification, and physical examination
of the person deemed necessary by the Township Clerk in order to discover
the truth of the matters hereinbefore required to be set forth in
the application.
d.
Authorization for the Township, its agents and employees to seek
information and conduct an investigation into the veracity of the
statements set forth in the application and the qualifications of
the applicant for the permit.
[1971 Code § 6-11.7]
The applicant for a masseur's or masseuse's license shall pay
an annual license fee of $50 which license fee shall become due on
the first day of March in each year.
[1971 Code § 6-11.8]
When an application is filed for a license under this section,
the Township Clerk shall fix a time and place for a public hearing
thereon. Not less than 10 days before the date of such hearing, the
Township Clerk shall cause to be posted a notice of such hearing in
a conspicuous place on the property in which or on which the proposed
massage establishment is to be operated. Such posting of notice shall
be carried out by the Township Clerk, and the applicant shall maintain
said notice as posted for the required number of days.
[1971 Code § 6-11.9; Ord. No. 2003-24 § 1]
The Township Clerk, upon receiving an application for a massage
establishment permit, shall refer the application to the Department
of Code Enforcement and Zoning, the Fire Department, and the Health
Department, which departments shall inspect the premises proposed
to be operated as a massage establishment and shall make written recommendations
to the Township Clerk concerning compliance with the codes that they
administer.
[1971 Code § 6-11.10]
The Township Clerk may issue a permit within 14 days following
a hearing if all requirements for a massage establishment described
in the section are met and may issue a permit to all persons who apply
to perform massage services unless he finds:
a.
The correct permit fee has not been tendered to the Township, and,
in the case of a check or bank draft, honored with payment upon presentation;
b.
The operation, as proposed by the applicant, if permitted, would
not comply with all applicable laws, including, but not limited to,
the building, zoning, and health regulations;
c.
The applicant has knowingly made any false, misleading, or fraudulent
statement of fact in the permit application or in any document required
by the Township in conjunction therewith;
d.
The applicant has had a massage business, masseur, or other similar
permit or license denied, revoked, or suspended for any of the above
causes by the Township or any other state or local agency within five
years prior to the date of the application;
e.
The applicant, if an individual, or any of the officers and directors,
if the applicant is a corporation; or any of the partners, including
limited partners, if the applicant is a partnership; and the manager,
or other person principally in charge of the operation of the business,
is not over the age of 18 years;
f.
The manager or other person principally in charge of the operation
of the business has not successfully completed a resident course of
study or learning of not less than 70 hours from a recognized school
where the theory, method, profession, or work of massage is taught;
g.
The applicant, if an individual; or any of the stockholders holding
more than 10% of the stock of the corporation; any of the officers
and directors, if the applicant is a corporation or any of the partners,
including limited partners, if the applicant is a partnership; and
the manager or other person principally in charge of the operation
of the business, have been convicted of: (i) a felony, (ii) an offense
involving sexual misconduct with a minor, (iii) prostitution, soliciting
for purposes of prostitution, pandering, keeping a place of prostitution,
(iv) any crime involving dishonesty, fraud, deceit, or other offenses
opposed to decency and morality, within the last five years;
h.
The Township Clerk may issue a permit to any person convicted of any of the crimes described in Subsection g of this subsection if he finds that such conviction occurred at least five years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crimes mentioned in this subsection.
[1971 Code § 6-11.11]
The Township Clerk may issue a masseur or masseuse permit within
21 days following a hearing unless he finds that the applicant for
masseur or masseuse permit has been convicted within the last five
years of: (i) a felony, (ii) an offense involving sexual misconduct
with a minor, (iii) keeping or residing in a house of ill fame, solicitation
of lewd or unlawful act, prostitution, or pandering; or (iv) any crime
involving dishonesty, fraud, or deceit; provided however that the
Township Clerk may issue a permit to any person convicted of any crimes
described in this subsection if he finds that such conviction occurred
at least five years prior to the date of application and the applicant
has had no subsequent felony convictions of any nature and no subsequent
misdemeanor convictions for crimes mentioned in this subsection.
[1971 Code § 6-11.12]
a.
Every portion of the massage establishment, including appliances
and apparatus, shall be kept clean and operated in a sanitary condition.
b.
Price rates for all services shall be prominently posted in the reception
area in a location available to all prospective customers.
c.
All employees, including masseurs and masseuses, shall be clean and
wear clean, nontransparent outer garments. A separate dressing room
for each sex must be available on the premises and each dressing room
shall contain a tub or shower in good working order and individual
lockers for each employee and customer. Doors to such dressing rooms
shall open inward and shall be self-closing.
d.
All massage establishments shall be provided with clean, laundered
sheets and towels in sufficient quantity and shall be laundered after
each use thereof and stored in a sanitary manner.
e.
The sexual or genital area of patrons must be covered by towels,
cloths, or undergarments when in the presence of an employee, masseur,
or masseuse.
f.
It shall be unlawful for any person knowingly, in a massage establishment,
to place his or her hand upon, or touch with any part of his or her
body, to fondle in any manner, or to massage a sexual or genital area
of any other person.
g.
No masseur or masseuse, employee, or operator shall perform, offer
or agree to perform, any act which would require the touching of the
patron's sexual or genital area.
h.
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms,
and all other physical facilities shall be in good repair and maintained
in a clean and sanitary condition. Wet and dry heat rooms, steam or
vapor rooms, or steam or vapor cabinets, shower compartments, and
toilet rooms shall be thoroughly cleaned each day the business is
in operation. Bathtubs and showers shall be thoroughly cleaned after
each use. When carpeting is used on the floors, it shall be kept dry.
i.
Oils, creams, lotions, and other preparations used in administering
massages shall be kept in clean, closed containers or cabinets.
j.
Eating in the massage work areas shall not be permitted. Animals
except for seeing-eye dogs, shall not be permitted in the massage
work areas.
k.
Each masseur and masseuse shall wash his or her hands in hot running
water, using a proper soap or disinfectant before administering a
massage to each patron.
[1971 Code § 6-11.13]
All premises used by permittees hereunder shall be periodically
inspected by the Chief of Police or his authorized representatives
for safety of the structure and adequacy of plumbing, ventilation,
heating and illumination. The walls shall be clean and painted with
washable, mold-resistant paint in all rooms where water or steam baths
are given. Floors shall be free from any accumulation of dust, dirt
or refuse. All equipment used in the massage operation shall be maintained
in a clean and sanitary condition. Towels, linen and items for personal
use of operators and patients shall be clean and freshly laundered.
Towels, cloths, and sheets shall not be used for more than one patron.
Heavy, white paper may be substituted for sheets provided that such
paper is changed for every patron. No massage service or practice
shall be carried on within any cubicle, room, booth, or any area within
a massage establishment which is fitted with a door capable of being
locked. Nothing contained herein shall be construed to eliminate other
requirements of statute or ordinance concerning the maintenance of
premises, not to preclude authorized inspection hereof.
[1971 Code § 6-11.14]
Any permit issued for a massage establishment or out call massage
service may be revoked or suspended by the Township Clerk, after a
hearing, for good cause, or in any case where any of the provisions
of this section are violated or where any employee of the permittee,
including a masseur and masseuse, is engaged in any conduct which
violates any of the state or local laws or ordinances at permittee's
place of business and the permittee has actual or constructive knowledge
of such violations or the permittee should have actual or constructive
knowledge by due diligence, or in any case, where the permittee or
licensee refuses to permit any duly authorized Police Officer or Health
Inspector of the Township of Lakewood to inspect the premises or the
operations therein. Such permit may also be revoked or suspended by
the Township Clerk, after hearing, upon the recommendation of the
Director of Public Health that such business is being managed, conducted
or maintained without regard for the public health or health of patrons
or customers or without due regard to proper sanitation and hygiene.
[1971 Code § 6-11.15]
A masseur or masseuse permit issued by the Township Clerk to
any employee may be revoked or suspended after a public hearing on
any of the following grounds:
[1971 Code § 6-11.16]
No person engaged or employed in the business of masseur or
masseuse shall treat a person at a location other than his licensed
business premises or other approved medical facility. An applicant
must list said facilities on his application for a permit.
[1971 Code § 6-11.17]
The operator of a massage establishment or an out call massage
service must maintain a register of all persons employed as masseurs
or masseuses and their permit numbers. Such register shall be available
for inspection at all times during regular business hours.
[1971 Code § 6-11.18]
It shall be the responsibility of the permittee and the employer
of any person purporting to act as masseurs and masseuses to insure
that each person employed as a masseur or masseuse shall first have
obtained a valid permit pursuant to this section.
[1971 Code § 6-11.19]
A diploma from a recognized school as defined herein will not
be required by the operator of a massage establishment or for any
employee where such operator or employee does not give a massage as
defined herein.
[1971 Code § 6-11.20]
The massage business permittee shall display his permit, and
that of each and every masseur employed in the establishment, in an
open and conspicuous place on the premises of the massage business.
[1971 Code § 6-11.21]
Every person who operates a massage business or practices or
provides a massage shall at all times keep an appointment book in
which the name of each and every patron shall be entered, together
with the time, date and place of service, and the service provided.
Such appointment book shall be available at all times for inspection
by the Township Clerk or his authorized representatives.
[1971 Code § 6-11.22]
The Township Clerk and the Department of Public Health shall,
from time to time, at least twice a year, make an inspection of each
massage establishment granted a permit under the provisions of this
section for the purpose of determining whether the provisions of this
section are complied with. Such inspections shall be made at reasonable
times and in a reasonable manner. It shall be unlawful for any permittee
to fail to allow such inspection officer access to the premises or
to hinder such officer in any manner.
[1971 Code § 6-11.23]
No person shall permit any person under the age of 18 years
to come or remain on the premises of any massage business establishment,
as masseur, employee, or patron, unless such person is on the premises
on lawful business.
[1971 Code § 6-11.24]
No person shall sell, give, dispense, provide or keep or permit
the sale or consumption of alcoholic beverages on the licensed premises.
[1971 Code § 6-11.25]
It shall be unlawful for any person to massage any other person
or give or administer any of the other things mentioned in this section
which violate the provisions of this section or which violate any
municipal or state law or ordinance. Any violation of this provision
shall be deemed grounds for revocation of the permit granted hereunder.
[1971 Code § 6-22.26]
No person granted a permit pursuant to this section shall operate
under any name or conduct his business under any designation for any
location not specified in his permit.
[1971 Code § 6-11.27]
No massage business and masseur permits are transferable, separate
or divisible, and such authority as a permit confers shall be conferred
only on the permittee named therein.
[1971 Code § 6-11.28]
This section shall not include hospitals, nursing homes, sanitaria,
or persons holding an unrevoked certificate to practice the healing
arts under the laws of the State of New Jersey, or persons working
under the direction of any such persons or in any such establishments,
nor shall this section apply to barbers or cosmetologists lawfully
carrying out their particular profession or business and holding a
valid, unrevoked license or certificate of registration issued by
the State of New Jersey.
[1971 Code § 6-11.29]
The Township Clerk or the Director of Public Health may, after
a public hearing, make and enforce reasonable rules and regulations
not in conflict with, but to carry out, the intent of this section.
[1971 Code § 6-11.30]
All persons who presently operate a massage establishment or
who are employed as a masseuse or masseur must apply for a permit
within one week of the effective date of this section. Applications
for renewal of permits must be filed not more than two months nor
less than (1) month prior to termination of an existing permit.
[1971 Code § 6-11.32; New]
[1971 Code § 6-6.1]
No person shall maintain, operate or conduct the business of
a junk yard or keep a place for the storage or sale of junk as defined
in this section without first having obtained a license for same in
the manner hereinafter set forth and subject to each and all of the
conditions, rules and regulations as set forth.
[1971 Code § 6-6.2]
As used in this section:
Shall mean any one or more or accumulation of one or more
of the following items:
Old iron, glass, paper or cordage, in such state of disrepair,
uselessness, age and condition as to be not readily usable for the
purpose for which it was originally intended, or not usable after
further treatment or processing so as to change its form or structure
or in such condition as to be considered worthless trash or not reasonably
restorable to its original use because the cost of restoration would
greatly exceed the market value of the item when restored. If the
condition of the item is such that it is inoperable or dismantled,
broken or not reasonably restorable to its original use, the burden
of proof of market value shall be on the owner.
An automobile or automobiles which because of age, lack of maintenance,
general condition or partial or complete demolition are in such condition
as to be inoperable, unfit to be reasonably restored for transportation
because of the degree of damage or the fact that the cost of restoration
would greatly exceed the market value therefore, or motor vehicles
which are unfit for reconditioning for registration and use for transportation.
If the condition of the item is such that it is inoperable or dismantled,
broken or not reasonably restorable in its original use the burden
of proof of market value shall be on the owner.
Used, damaged or broken parts of motor vehicles, or materials
from motor vehicles, the sum of which parts or materials shall be
equal in bulk to one or more motor vehicles.
Household appliances, motors, furniture or furnishings or pieces
of industrial or manufacturing equipment, which are broken or in such
state of disrepair as to be unusable without additional work being
performed thereon or additional parts being provided or added thereto,
except as located within a store or shop specifically engaged in the
repair of such items.
One or more used automobile tires that are in such condition
as to be unsafe for use on a motor vehicle or for resale as used automobile
tires capable of being placed upon and used on motor vehicles for
highway transportation.
One or more items of machinery, equipment or parts thereof that
are unusable for the purpose for which they were originally intended
without repairing, reconditioning or remanufacturing to such extent
as to be in excess of the reasonable market value of the equipment
or machinery or parts thereof.
Used building materials, parts of buildings, piping, electrical
wiring or other materials of any nature whatsoever that are not reasonably
marketable for use or reuse for the purpose for which they were originally
processed or manufactured or not readily adaptable for any other use
due to their condition, state of disrepair, or due to the fact that
reconditioning or reuse of the items would exceed the reasonable value
of the item or items.
|
In all instances wherein the worth, usability or operable condition
of an item alleged to be junk is set up by the defendant as a defense,
the burden shall be on the defendant or owner of the item in question
to prove its worth, usefulness or to establish the value of the item
or items.
|
Shall mean and include the business of buying or selling
junk; or the keeping of a place for the storage or deposit of junk;
or the possession of junk for sale or resale, or parts therefrom,
and shall include yards or portions of yards used for the storing
of motor vehicles or machinery or parts of either for the purpose
of obtaining parts therefrom or repair of or replacement of other
motor vehicles or machinery.
The term junk yard shall also apply to the entire area of
the premises on which junk is kept or any warehouse, garage or storage
building on the premises except that portion specifically designated
on the application for license as for use other than for storage of
junk.
Junk yard shall also be inclusive of any place where automobile
demolition is carried on as a business; or where dismantling of automobiles
or removal of parts therefrom other than for the purpose of replacement
or repair of the part removed is carried on. If an automobile is dismantled
or a part removed therefrom for replacement or repair the automobile
shall, if not repaired and restored to an operative condition within
15 days, be classified for the purpose of this section as a junk automobile
and must be removed to and stored upon the premises of a licensed
junk yard or within an enclosed garage until proper parts are available
for complete restoration and repair thereof.
[1971 Code § 6-6.3]
In addition to the requirements of Subsection 4-1.2, the application for a license shall contain each and all of the following:
a.
Name and address of owner of the property and if a corporation, name
and address of the registered agent and the address of the principal
office of the corporation; also the application shall state the date
on which the business was commenced or is to be commenced.
b.
The name and address of the person in whose name the license is to
be issued and if a corporation, the name and address of the registered
agent and also the address of the principal office and a certificate
stating the names and addresses of the officers of the corporation
must be filed with the licensing official.
c.
A map of the property, prepared by a licensed land surveyor or engineer
showing the boundary lines of the property, driveways, location of
all buildings, with the portion proposed to be used as a junk yard
clearly delineated thereon. The location of, type of and height of
all proposed fences and gates, the location, size and type of construction
of any proposed buildings, names of all adjoining property owners.
The map shall also indicate all residences within 200 feet of the
boundary lines of the property. The map may be a plotting rather than
an actual survey.
d.
The application shall contain a statement that the applicant if issued
a license, understands and agrees to be bound by all the provisions
of this section. The application shall state whether or not there
is to be located a residence on the premises to be licensed, and if
so, the number of persons to occupy the residence, and the distance
between the residence and any portion of the lands to be used as a
junk yard.
e.
The application shall state the methods the licensee will use to
prevent the accumulation or attraction of rats, rodents, and vermin
insects, and shall state the working hours during which work shall
be permitted on the premises, and the hours during which sales and
deliveries to and from the premises take place.
f.
The application shall state the maximum height junk is to be kept
on the premises and the location of proposed roadways or walkways
for access to the piled junk.
g.
The license application shall be accompanied by an application fee
of $25 to defray the cost of inspection of premises and review and
processing of application. Upon approval for licensing an additional
fee of $100 shall be paid for the license.
h.
All licenses issued pursuant to this section shall expire on June
30th following the date when so licensed, without regard to the time
of year when issued and the license fee fixed herein shall be the
license fee for all or any part of the calendar year during which
license is issued.
[1971 Code § 6-6.4]
All premises or land areas used or operated as a junk yard shall
be surrounded by a fence of a type to prevent entrance or accessibility
to the premises or areas of children or animals, and such as to deter
the entry of rodents. The fence shall include a fence along any portion
of the premises or land area facing a public road, which shall be
a solid fence or wall constructed of wood or masonry, not less than
eight feet nor more than 15 feet in height, which fence shall at all
times be maintained in an upright solid condition and kept stuccoed
or painted in such manner as to not tend to depreciate the property
value of properties situated in the area. The fence shall be provided
with solid doors or gates at the entrance ways for either pedestrian
or vehicles entrance, which gates must be kept closed and locked during
such time as the junk yard is not open for business and latched at
all times when not being actually used for the purpose of entrance
or egress to or from the junk yard.
[1971 Code § 6-6.5]
Each junk yard must provide sufficient off-street parking for
use of customers of the junk yard as may be necessary to eliminate
any dangerous traffic hazard or serious parking problems that may
be apparent on inspection of the plans submitted with the application
and inspection of the area where the yard is to be located. All driveways
shall be situated in such manner as to create the least possible interference
with the flow of traffic on the highways. One off-street parking space
shall be provided for each employee, plus a minimum of five customer
off-street parking spaces.
[1971 Code § 6-6.6]
The storage of junk in any junk yard shall be accomplished in
such manner as to prevent the accumulation of standing stagnant water
which may tend to be a harboring or breeding place for mosquitoes
or other disease bearing insects.
[1971 Code § 6-6.7]
No junk yard shall be permitted to operate in such manner as
to cause or tend to cause pollution of any water source or navigable
body of water or stream; or in such manner as to interfere with the
rights of the general public in the use of any water course or navigable
body of water or stream.
[1971 Code § 6-6.8]
No junk shall be permitted to be stored in any area of the premises
licensed as a junk yard, excepting in the area specifically specified
and licensed as such shown on the plan of the junk yard submitted
and approved and shall be clearly indicated upon the plan submitted
with the application. No junk shall be permitted to be stored on the
junk yard premises in such manner as to create unhealthful, unsanitary,
unsafe, fire hazard or other condition dangerous to the general public
or to the users and invitees of the general public using or having
access to the premises in question.
[1971 Code § 6-6.9]
No junk shall be piled to such height as to endanger the safety
of persons walking about in the junk yard or climbing about on the
piles of junk and in no event shall the junk be so stored as to create
so unsightly a condition as would tend to cause the depreciation of
property values of those owning adjacent or nearby property. In any
event no junk shall be piled at a height in excess of the height of
the lowest portion of fence surrounding the premises.
[1971 Code § 6-6.10]
Each junk yard shall provide toilet and lavatory facilities
open and available to its employees and its customers at all times
when the junk yard is open for business. The lavatory facilities shall
have both hot and cold water available for washing at all times.
[1971 Code § 6-6.11; Ord. No. 2003-24 § 3]
A condition of any junk yard license is that the operation of
the junk yard shall be in compliance with the Township Code or ordinances
and the codes or ordinances of the local Board of Health of the Township.
Continuous or multiple violations of the codes as well as violations
of the provisions of this licensing ordinance shall be grounds for
revocation of any license issued hereunder after notice and public
hearing as otherwise set forth herein. When the application for license
is received and filed with the Department Head of the Department of
Code Enforcement and Zoning, he shall cause the inspection of the
premises subject of application by the Department Head of the Department
of Code Enforcement and Zoning, Tax Assessor, Building Inspector,
Fire Inspector, Housing Inspector and Plumbing Inspector of the Township,
each of whom shall report in writing to the Township Committee as
to the conditions apparent from inspection of the premises affecting
the health, building or housing conditions or property values of the
residents of the community and surrounding properties. The report
shall be filed within 15 days of the date of the application. A copy
of the report shall be made available to the applicant upon his request
prior to hearing on the application, which hearing shall be held not
less than 20 days nor more than 45 days after filing the application
and exhibits in proper form and payment of fees.
[1971 Code § 6-6.12]
All applications for junk yard license shall be filed at least
20 days prior to the date fixed for hearing thereon and hearing thereon
shall be held within 45 days of the date of filing of the application
and notice of the date of hearing shall be given to the applicant
at the address set forth in the application. Notice of the hearing
shall be served upon all property owners within 200 feet by the same
manner as is provided for service of notice for application for a
variance, as set forth under Section 40:55-44 of Revised Statutes
of New Jersey providing the manner of service of notices for variance
application, except that five days' notice shall be given rather than
10 days' notice set forth therein. The Township shall notify the applicant
by certified mail of the date of hearing not less than 10 days before
the date fixed for the date of hearing.
[1971 Code § 6-6.13]
No junk yard license shall be issued unless it appears that
the license may be issued without substantial detriment to the health,
morals, safety or welfare of the community and unless it be shown
that the issuance of the license will not cause undue depreciation
of the value of the surrounding properties and in no event shall a
license for a junk yard be issued unless it shall appear to be in
the best interest of the community to permit the operation of a junk
yard at the location in question.
[1971 Code § 6-6.14]
No license for operation of a junk yard shall be granted unless
the applicant shows on his application that any highly flammable material
such as oils, gasoline or bottled gases are to be stored, used or
conducted in such place and in such manner as to not constitute a
fire, safety or health hazard.
[1971 Code § 6-6.15]
Any renewal application may simply state that no changes in
the terms, plans or conditions of the prior license are to be made.
In such case no notice or public hearing shall be required for renewal.
If changes as to the plans, conditions or terms set forth in the original
license or application are to be made, the applicant shall furnish
all required exhibits and information the same as for a new application
and arrange for notice of hearing thereon as though for a new license.
[1971 Code § 4-8.17; Ord. No. 2003-24 § 4]
a.
The Township Manager shall set a date for hearing pursuant to this
section and notify the applicant of the date not less than 10 days
before date of the hearing and the applicant shall serve the required
notices as otherwise set forth in this section.
b.
A public hearing shall be held, at which time the applicant, objectors
and any other persons wishing to be heard upon the application shall
be given an opportunity to be heard before the Township Committee.
The hearing shall not be bound by the strict rules of evidence, but
all testimony shall be taken under oath and with the right of cross-examination
of all witnesses by the applicant and by the Township Counsel on behalf
of the Township Committee.
c.
The Township Committee shall within 15 days thereafter deliver its
findings in writing to the applicant together with the reasons therefor
in the form of a resolution of the Township Committee passed at a
regular or special meeting by a majority vote of a quorum of the Township
Committee present at the regular or special meeting.
d.
If the finding of the Township Committee is that a license shall
issue to the applicant, the resolution shall state all terms and conditions
upon which the license shall issue and all ordered or stipulated boundary
lines, driveways, walkways, limitations of areas in which junk may
be stored, and additions or changes to be made in the terms shown
on the plans submitted with the application shall be clearly marked
on at least three copies of the plan. One copy shall be delivered
to the applicant and two copies shall be retained by the Township.
All copies shall bear the signature of the Township Clerk and Department
Head of the Department of Code Enforcement and Zoning. One copy shall
be retained by the Township Clerk and one by the Department of Code
Enforcement and Zoning.
e.
The applicant by the acceptance of a license shall agree to be bound
by the conditions set forth in the resolution and as shown on the
plans as conditions for the location, maintenance and operation of
the junk yard.
[Ord. No. 2015-17]
The purpose and intent of this section is to assist law enforcement
officials and victims of crime in recovering stolen precious metals
and other secondhand goods by requiring minimum identification, reporting,
maintenance and distribution criteria for licensed dealers in these
goods.
No person shall use, exercise, or carry on the business, trade,
or occupation of the buying, selling, or pawning of precious metals
or other secondhand goods without complying with the requirements
of this section in the exact manner described herein.
[Ord. No. 2015-17]
Means a current valid New Jersey Driver's License or Identification
Card, a current valid photo driver's license issued by another US
state, a valid United States Passport, or other verifiable US Government
issued identification, which will be recorded on the receipt retained
by the dealer and subsequently forwarded to the local Police Department
on request.
Means any person, partnership, limited liability company,
corporation, or other entity who, either wholly or in part, engages
in or operates any of the following trades or businesses: the buying
for purposes of resale of precious metals, jewelry, or other secondhand
goods as defined herein; pawnbrokers as defined herein; "Dealer" shall
not mean itinerant businesses or transient buyers as defined herein.
Means a dealer who conducts business intermittently within
the municipality or at varying locations.
Means the statutory officer whose duties are defined in N.J.S.A.
40A:9-133 and may refer to the duly appointed clerk of the "city,"
"town," "township," "village," or "borough."
Means 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;
purchasing personal property on condition of selling it back at a
stipulated price; or doing business as furniture storage warehousemen
and lending money on goods, wares or merchandise pledged or deposited
as collateral security.
Means gold, silver, platinum, palladium, and their alloys
as defined in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.
Means individuals and retail sellers, not to include wholesale
transactions or transactions between other merchants.
Means every transaction conducted between a dealer and a
member of the public in which precious metals, jewelry, or any other
secondhand goods as defined herein are purchased or pawned.
Means used goods such as antiques, gold, silver, platinum,
or other precious metals, jewelry, coins, gemstones, gift cards, any
tools, telephones, typewriters, word processors, GPS devices, computers,
computer hardware and software, television sets, radios, record or
stereo sets, electronic devices, musical instruments, sporting goods,
automotive equipment, collectibles, game cartridges, DVDs, CDs, and
other electronically recorded material, firearms, cameras and camera
equipment, video equipment, furniture, clothing, and other valuable
articles. For the purposes of this section, secondhand goods shall
not include goods transacted in the following manner: i) judicial
sales or sales by executors or administrators; ii) occasional or auction
sales of household goods sold from private homes; iii) auctions of
real estate; iv) the occasional sale, purchase, or exchange of coins
or stamps by a person at his permanent residence or in any municipally
owned building who is engaged in the hobby of collecting coins or
stamps and who does not solicit the sale, purchase, or exchange of
such coins or stamps to or from the general public by billboard, sign,
handbill, newspaper, magazine, radio, television, or other form of
printed or electronic advertising.
Means a member of the public who sells or pawns used goods
such as precious metal, jewelry, or other secondhand goods to a dealer.
Means any person, partnership, association or corporation,
who has not been in a registered retail business continuously for
at least six months at any location in the Township of Lakewood.
[Ord. No. 2015-17]
No person, partnership, limited liability company, corporation, or other entity shall engage in the business of buying, selling, or pawning of precious metals or other secondhand goods, as defined above, within the jurisdiction of the Township of Lakewood, without having first obtained a license therefor from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in Subsection 4-9.2 above are being bought in any location within the municipality shall constitute engaging in business as a dealer of secondhand goods for purposes of this section. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this section and shall be subject to the penalties established in Subsection 4-9.9.
[Ord. No. 2015-17]
a.
Upon receipt of an application completed pursuant to this section,
the Municipal Clerk shall refer such application to the Chief of Police,
who shall make an investigation of the prospective licensee, pursuant
to this section for the purpose of determining the suitability of
the applicant for licensing. The investigation shall include, but
shall not be limited to the following:
1.
The experience of the applicant in the business of purchase and sale of those articles or goods referred to in Subsection 4-9.2 above, although nothing in this section shall be construed to warrant denial of a license solely on the basis of lack of experience;
2.
The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources, which sources shall be
disclosed to the applicant in the event of a denial of any license;
3.
Any criminal record of the applicant including any past convictions
for any crime(s), disorderly persons offense(s), or municipal ordinance
violation(s) within this or any other jurisdiction. The Chief of Police
may, as part of the application process, require a fingerprint criminal
background check through the Federal Bureau of Investigation, Criminal
Justice Information Services Division, which may require an additional
fee from the applicant.
4.
The type of operation contemplated to be conducted by the applicant,
particularly whether the business is to be operated from a fixed location,
whether it is to be conducted from a location primarily devoted to
the purchase and sale of precious metal or other secondhand goods,
and other factors bearing on whether the licensed business will be
of a fixed and permanent nature. This section shall be construed to
require the denial of any license solely on the grounds that the business
is not from a fixed location or that the applicant is a transient
buyer or itinerant business.
b.
The Chief of Police shall complete any investigation pursuant to
this section within 30 days of the submission of the application to
the Municipal Clerk, fully completed by the applicant. If a criminal
record check has been requested within the thirty-day period and has
not been received by the Chief of Police within that period, the Chief
of Police may, if all other factors are satisfactory, recommend a
conditional issuance of the license subject to the finding regarding
criminal record.
c.
The Chief of Police shall, upon completion of the investigation,
recommend "grant" or "denial" of the license to the Municipal Clerk,
who shall grant or deny the license. Any recommendation of the Chief
of Police shall be in writing and, in the case of a recommendation
of denial, shall state fully and specifically the reasons for said
recommendation. If the Municipal Clerk accepts the recommendation
of the Chief of Police to deny any license, the applicant shall be
notified in writing within 10 days of such denial and the Clerk shall
forward to the applicant a statement of the reason or reasons for
such denial.
d.
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in Subsection 4-9.5, the retention and inspection requirements of Subsection 4-9.6, or any other portion of this section. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by Subsection 4-9.7 of this section.
e.
Whenever any application for a permit is denied, the applicant shall
be entitled to a hearing before a three-person panel appointed by
the Chief of Police, at which time the applicant shall be permitted
to introduce such evidence as may be deemed relevant to such denial.
Any applicant exercising the right to appeal must file a written notice
of appeal within 10 days of receiving written notice of denial of
a license to act as a dealer of secondhand goods.
f.
No license shall be assignable by the dealer.
[Ord. No. 2015-17]
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
a.
Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in Subsection 4-9.2.
b.
Require each seller to execute a "Declaration of Ownership," which
shall contain the following certification: "My signature confirms
that I am the sole legal owner of and am legally authorized to sell
the goods being sold. By signing below I certify that I did not obtain
and do not possess the identified goods through unlawful means. I
am the full age of eighteen years and the identification presented
is valid and correct."
c.
Record and issue to each person selling or pawning such goods on
a sequentially numbered receipt:
1.
The name, address, and telephone number of the purchaser, including
the clerk or employee of the licensee making the purchase;
2.
The name, address, date of birth, and telephone number of the seller
or sellers;
3.
A photographed recording of the seller in a format acceptable to
the Chief of Police, along with a physical description of the seller,
including height and weight (approximate), hair color, eye color,
facial hair, if any, etc.;
4.
A photographed recording of the seller's presented acceptable identification, as set forth in Subsection 4-9.2, in a format acceptable by the Chief of Police;
5.
A photographed recording of all items sold in a format acceptable
by the Chief of Police. When photographing, all items must be positioned
in a manner that makes them readily and easily identifiable. Items
should not be grouped together when photographing or imaging. Each
item should have its own photograph;
6.
The receipt number;
7.
A detailed, legible description of the item(s) and the manufacturer
and model of the item(s) if known; in the case of jewelry, the descriptions
must include style, length, color, design, and stones, if any; any
identifying marks, including numbers, dates, sizes, shapes, initials,
names, monograms, social security numbers engraved thereon, serial
numbers, series numbers, or any other information, which sets apart
the particular object from others of like kind;
8.
The price paid for the purchase or pawn of the item(s);
(a)
If precious metals, the net weight in terms of pounds Troy,
pennyweight (Troy) or kilograms/grams; fineness in terms of karats
for gold, and sterling or coin for silver, in accordance with N.J.S.A.
51:5-1, N.J.S.A. 51:6-1 et seq.;
9.
The time and date of the transaction.
d.
The information outlined in Subsection c above, must additionally be electronically documented through the use of an electronic database system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this section and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized Police Officer or any sworn law enforcement officer acting in the performance of their duty as set forth in Subsection f below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase or receipt of property for pawn or consignment. The information entered must contain all pertinent information outlined in Subsection c above.
e.
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in Subsection c above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in Subsection 4-9.6.
f.
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of precious metals or other secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in Subsection 4-9.6.
[Ord. No. 2015-17]
a.
All precious metals and other secondhand goods purchased, received for pawn, or received for consignment as described above, are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least 10 business days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in Subsection 4-9.5 including jewelry, which must be maintained for at least 10 business days or for the statutory period provided in N.J.S.A. 2C:21-36(d). All precious metal or other secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the seven-day retention period has expired.
[Amended 10-3-2019 by Ord. No. 2019-43]
b.
Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by Subsection 4-9.5b upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c.
If market conditions would create a hardship on the dealer by holding
precious metals or other secondhand goods for such period, the dealer
may present the property to the Chief of Police in order that it may
be photographed and, if deemed necessary by the Chief of Police, an
investigation may be implemented. The Chief of Police shall have the
authority to grant the dealer a waiver of the requirement under this
section.
d.
In addition to all other reporting requirements, every dealer shall maintain for at least five years, a written record of all purchases of precious metals and other secondhand goods in the form prescribed in Subsection 4-9.5c.
e.
No dealer shall purchase any item covered by this section from any
person under the age of 18 or in the absence of providing prior notification
of such purchase to the Chief of Police or business designee identifying
the individual from whom such purchase is to be made and the item
to be purchased.
f.
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate there under. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to Subsection 4-9.9 of this section.
1.
Grounds for Suspension. The following shall constitute grounds for
suspension: violation of any provisions of this section, including
failure to comply with any training or fees associated with the electronic
database software system in use by the municipality; violation of
any other statute, regulation, or local ordinance; or any other illegal,
improper, or fraudulent activity.
2.
Procedure for Suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police or a designee thereof shall issue a written notice of suspension of license to the offending dealer and to the Municipal Clerk, which shall set forth the grounds for the suspension and notify the dealer of his or her right to appeal pursuant to Subsection h. A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease engaging in the business of purchasing for resale, receiving for pawn, and/or selling of precious metals and/or other secondhand goods in the municipality until reinstatement.
3.
Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or the Chief's designee, been cured, corrected, or appropriately rectified; or if reinstatement is deemed appropriate by the three-person panel appointed by the Chief of Police, upon the timely filing of an appeal as provided in Subsection h.
g.
Revocation. A license issued under this section may be revoked by the Municipal Clerk at the direction of the Municipal Manager upon written recommendation from the Chief of Police or the Chief’s designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this section. This penalty shall be in addition to any fines and penalties the dealer may incur under Subsection 4-9.9.
[Amended 10-3-2019 by Ord. No. 2019-43]
1.
Grounds for Revocation. The following shall constitute grounds for
revocation: a third violation under this section; a second violation
under this section less than one year after an earlier violation under
this section; conviction for a criminal offense within this or any
jurisdiction; or multiple violations of any other regulations or local
ordinances within this or any jurisdiction.
2.
Procedure for Revocation. Upon a determination that appropriate grounds
exist and that a revocation is warranted, the Chief of Police of the
Chief's designee shall so report to the Municipal Clerk in writing.
A temporary suspension will immediately and automatically issue, if
one is not already in effect, pending the outcome of the charge. A
three-person panel, appointed by the Chief of Police, shall review
the stated grounds for revocation and the panel shall issue an appropriate
disposition of either suspension, revocation, or reinstatement. If
the panel determines that revocation is the appropriate disposition,
it shall set forth the grounds for the same in writing in the form
of a notice of revocation, which shall be provided to the dealer.
The notice shall advise the dealer of the right to appeal. If the
panel determines that suspension is the appropriate disposition, it
shall provide the dealer with a notice of suspension that shall advise
the dealer of the right to appeal. Following revocation, the dealer
must relinquish his or her license and must immediately and indefinitely
cease operating as a dealer of precious metals or other secondhand
goods within the municipality.
h.
Appeal. Any applicant wishing to appeal an issuance of a suspension
or revocation shall be entitled to a hearing before a three-person
panel, appointed by the Chief of Police, at which time the applicant
shall be permitted to introduce such evidence as may be deemed relevant
to such suspension or revocation. Any applicant exercising the right
to appeal must file a written notice of appeal within 10 days of receiving
written notice of revocation or suspension of license.
i.
A dealer shall have the right to change the location of the licensed
business, provided that he or she notifies the Municipal Clerk, in
writing, of the street address of said new location.
[Ord. No. 2015-17]
Each dealer covered under this section shall deliver a bond
to the Municipal Clerk executed by the applicant as principal and
executed by a surety company authorized to do business under the laws
of the State of New Jersey as surety. The bond shall be subject to
review and approval by the Municipal Attorney, as defined in N.J.S.A.
40A: 9-139, and shall be in the penal sum of $10,000, conditioned
for the due and proper observance of and compliance with the provisions
and requirements of all ordinances of the municipality in force or
which may be adopted respecting the conduct of this business and conditioned
also that the bond shall be and remain for the benefit of any person
or persons who shall have received judgment against the dealer licensed
under this chapter, which damage shall be established by a judgment
of a court of proper jurisdiction. Said bond shall contain the following
language: "The obligation of this bond shall, in addition to the [party
municipality], be and remain for the benefit of any person who shall
obtain a judgment against obligor as a result of damage sustained
in operation pursuant to any license granted under this chapter."
Said bond shall be kept for a minimum of one year from the date of
issuance of license and must be renewed annually along with the license.
[Ord. No. 2015-17; amended 12-6-2023 by Ord. No. 2023-045]
A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this section, is $400. The annual renewal fee for a license is $400. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by Subsection 4-9.5d of this section. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from the date of its issuance.
[Ord. No. 2015-17]
Violation of any provision of this section by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in Subsection 4-9.6f and g above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in Subsection 4-9.6g. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section.
[Ord. No. 2015-17]
a.
Any person, partnership, limited liability company, corporation,
or other entity engaging in the business of a pawnbroker, or a dealer
in precious metals or other secondhand goods shall conform to the
provisions of this section within 90 days following the effective
date of this section.
b.
All ordinances or parts of ordinances inconsistent herewith are hereby
repealed.
c.
Nothing contained in this section is intended to replace any pre-existing
statutory requirements governing pawnbrokers, as in N.J.S.A. 45:22-1
et seq., the sale of precious metals as in N.J.S.A. 51:6A-1 et seq.,
the sale of secondhand jewelry as in N.J.S.A. 2C:21-36 et seq., or
any other statutory provision regarding any subject matter discussed
herein.
d.
If any section, subsection, sentence, clause, phrase, or portion
of this section is for any reason held to be invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions hereof.
[Ord. No. 2015-5]
The purpose of this section is as follows:
[Ord. No. 2015-5]
Means a current valid New Jersey Driver's License or Identification
Card, a current valid photo driver's license issued by another US
state, a valid United States Passport, or other verifiable US Government
issued identification, which will be recorded on the receipt retained
by the dealer and subsequently forwarded to the local police department
on request.
Means any person, partnership, limited liability company,
corporation, or other entity who, either wholly or in part, engages
in or operates a scrap metal business involving the buying and/or
selling of scrap metal as defined herein, including itinerant businesses,
and transient buyers as defined herein.
Means any scrap metal dealer who conducts business intermittently
within the municipality or at varying locations.
Means the statutory officer whose duties are defined in N.J.S.A.
40A:9-133 and may refer to the duly appointed clerk of the "city,"
"town," "township," "village," or "borough."
Means individuals and retail sellers, not to include wholesale
transactions or transactions between other merchants.
Means every transaction conducted between a dealer and a
member of the public in which scrap metal is purchased or pawned.
Means used, discarded, or previously owned items that consist
predominantly of ferrous metals, aluminum, brass, copper, lead, chromium,
tin, nickel, or alloys.
Means a commercial establishment, which, as one of its principal
business purposes, purchases scrap metal for purposes of resale or
processing including transient buyers of scrap metal and itinerant
businesses, as defined herein.
Means a member of the public who sells scrap metal to a dealer.
Means an operator of a scrap metal business, as defined herein,
who has not been in the scrap metal business continuously for at least
six months at any address in the municipality where the dealer is
required to register or who intends to close out or discontinue the
scrap metal business within six months.
[Ord. No. 2015-5]
No person, partnership, limited liability company, corporation, or other entity shall engage in a scrap metal business, as defined above, within the jurisdiction of the municipality, without having first obtained a license therefor from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign regarding the purchase of scrap metal at any location within the municipality shall constitute engaging in business as a dealer of scrap metal within the jurisdiction of the municipality for purposes of this section. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such item(s) without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this chapter and shall be subject to the penalties established in Subsection 4-10.9.
[Ord. No. 2015-5]
a.
Upon receipt of an application completed pursuant to this section,
the Municipal Clerk shall refer such application to the Chief of Police,
who shall make an investigation of the prospective licensee, pursuant
to this section for the purpose of determining the suitability of
the applicant for licensing. The investigation shall include, but
shall not be limited to the following:
1.
The experience of the applicant in the business of purchase and sale
of scrap metal, although nothing in this section shall be construed
to warrant denial of a license solely on the basis of lack of experience;
2.
The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources, which sources shall be
disclosed to the applicant in the event of a denial of any license;
3.
Any criminal record of the applicant including any past convictions
for any crime(s), disorderly persons offense(s), or municipal ordinance
violation(s) within this or any other jurisdiction. The Chief of Police
may, as part of the application process, require a fingerprint criminal
background check through the Federal Bureau of Investigation, Criminal
Justice Information Services Division, which may require an additional
fee from the applicant.
4.
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of scrap metal, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business, however applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by Subsection 4-10.6d of this section will be stored as well as the location where scrap metal goods purchased will be retained during the mandatory inspection period required under Subsection 4-10.6a.
b.
The Chief of Police shall complete any investigation pursuant to
this section within 30 days of the submission of the application to
the Municipal Clerk, fully completed by the applicant. If a criminal
record check has been requested within the thirty-day period and has
not been received by the Chief of Police within that period, the Chief
of Police may, if all other factors are satisfactory, recommend a
conditional issuance of the license subject to the finding regarding
criminal record.
c.
The Chief of Police shall, upon completion of the investigation,
recommend "grant" or "denial" of the license to the Municipal Clerk,
who shall grant or deny the license. Any recommendation of the Chief
of Police shall be in writing and, in the case of a recommendation
of denial, shall state fully and specifically the reasons for said
recommendation. If the Municipal Clerk accepts the recommendation
of the Chief of Police to deny any license, the applicant shall be
notified in writing within 10 days of such denial and the Clerk shall
forward to the applicant a statement of the reason or reasons for
such denial.
d.
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a scrap metal business. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in Subsection 4-10.5, the retention and inspection requirements of Subsection 4-10.6, or any other portion of this section. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by 4-10.7 of this section.
e.
Whenever any application for a permit is denied, the applicant shall
be entitled to a hearing before a three-person panel appointed by
the Chief of Police, at which time the applicant shall be permitted
to introduce such evidence as may be deemed relevant to such denial.
Any applicant exercising the right to appeal must file a written notice
of appeal within 10 days of receiving written notice of denial of
a license to act as a scrap metal business.
f.
No license shall be assignable by the dealer.
[Ord. No. 2015-5]
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
a.
Require of each member of the public selling scrap metal acceptable identification as defined above in Subsection 4-10.2.
b.
Require each seller to execute a "Declaration of Ownership," which
shall contain the following certification: "My signature confirms
that I am the sole legal owner of and am legally authorized to sell
the goods being sold. By signing below I certify that I did not obtain
and do not possess the identified goods through unlawful means. I
am the full age of eighteen years and the identification presented
is valid and correct."
c.
Record and issue to each person selling scrap metal on a sequentially
numbered receipt:
1.
The name, address, and telephone number of the purchaser, including
the clerk or employee of the licensee making the purchase;
2.
The name, address, date of birth, and telephone number of the seller
or sellers;
3.
A photographed recording of the seller in a format acceptable to
the Chief of Police, along with a physical description of the seller,
including height and weight (approximate), hair color, eye color,
facial hair, if any, etc.;
4.
A photographed recording of the seller's presented acceptable identification, as set forth in Subsection 9-10.2, in a format acceptable to the Chief of Police;
5.
A photographed recording of all items sold in a format acceptable
to the Chief of Police;
6.
The receipt number;
7.
A full description of the item(s) purchased, including but not limited
to the manufacturer, type, amount, form, model, any identifying marks,
numbers, dates, sizes, shapes, initials, monograms, and serial numbers;
8.
The price paid for the item(s);
9.
The make, model and license plate of the motor vehicle delivering
the scrap metal;
10.
The time and date of the transaction.
d.
The information outlined in Subsection c above must additionally be documented through the use of an electronic database software system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this section and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized Police Officer or any sworn law enforcement officer acting in the performance of their duty as set forth in Subsection f below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase. The information entered must contain all pertinent information outlined in Subsection c above.
e.
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within twenty-four hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in Subsection c above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this chapter and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in Subsection 4-10.6.
f.
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of scrap metal as well as the articles purchased and, where necessary, relinquish custody of those articles as provided in Subsection 4-10.6. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where records and articles will be stored.
g.
For all reportable transactions between a dealer and a member of the public, the dealer may only accept delivery of scrap metal for purchase by motor vehicle and the license plate of the motor vehicle must be recorded as provided in Subsection c above.
h.
No scrap metal business shall, except as provided in Subsection i below, purchase:
1.
Any metal marked with identification of a telephone, cable, electric,
water, other public utility, or other government entity;
2.
Any utility access or water meter cover;
3.
Any street light pole or fixture;
4.
Any road or bridge guard rail;
5.
An highway or street sign, traffic directional or control sign, or
light signal;
6.
Any metal beer keg that is clearly marked as being the property of
the beer manufacturer;
7.
Any historical marker, grave marker, or burial vase;
8.
Any central air conditioner evaporator coils or condensers or catalytic
converters that are not attached to a vehicle; or
9.
Any metal bleachers or benches.
i.
The provisions of Subsection h shall not apply to purchases of scrap metal from entities who manage such metal in the ordinary course of business. These entities include manufacturing, industrial, government, contractor, individual, or other commercial vendors or scrap metal businesses that generate or purchase or process scrap metal in the ordinary course of business.
[Ord. No. 2015-5]
a.
All scrap metal purchased by a dealer in a reportable transaction are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least seven calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in Subsection 4-10.5. All scrap metal subject to inspection must remain in the same condition as when purchased and shall not be sold, disposed of, changed, modified, or melted by the dealer until the seven-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased scrap metal is being held.
b.
Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by Subsection 4-10.5b upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c.
If market conditions would create a hardship on the dealer by holding
scrap metal for such period, the dealer may present the property to
the Chief of Police in order that it may be photographed and, if deemed
necessary by the Chief of Police, an investigation may be implemented.
The Chief of Police shall have the authority to grant the dealer a
waiver of the requirement under this section.
d.
In addition to all other reporting requirements, every dealer shall maintain for at least five years, a written record of all purchases of scrap metal in the manner prescribed in Subsection 4-10.5c.
e.
No dealer shall purchase any item covered by this section from any
person under the age of 18 or in the absence of providing prior notification
of such purchase to the Chief of Police or business designee identifying
the individual from whom such purchase is to be made and the item
to be purchased.
f.
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate thereunder. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to Subsection 4-10.9 of this section.
1.
Grounds for Suspension. The following shall constitute grounds for
suspension: violation of any provisions of this section, including
failure to comply with any training or fees associated with the electronic
database software system in use by the municipality; violation of
any other statute, regulation, or local ordinance; or any other illegal,
improper, or fraudulent activity.
2.
Procedure for Suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police or a designee thereof shall issue a written notice of suspension of license to the offending dealer and to the Municipal Clerk, which shall set forth the grounds for the suspension and notify the dealer of his or her right to appeal, pursuant to Subsection h. A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease all purchasing and/or selling of scrap metal in the municipality until reinstatement.
3.
Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or the Chief's designee, been cured, corrected, or appropriately rectified; or if reinstatement is deemed appropriate by the three-person panel appointed by the Chief of Police, upon the timely filing of an appeal as provided in Subsection h.
g.
Revocation. A license issued under this section may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or the Chief's designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this section. This penalty shall be in addition to any fines and penalties the dealer may incur under Subsection 4-10.9.
1.
Grounds for Revocation. The following shall constitute grounds for
revocation: a third violation under this section; a second violation
under this section less than one year after an earlier violation under
this section; conviction for a criminal offense within this or any
jurisdiction; or multiple violations of any regulations or local ordinances
within this or any jurisdiction.
2.
Procedure for Revocation. Upon a determination that appropriate grounds
exist and that a revocation is warranted, the Chief of Police or the
Chief's designee shall so report to the Municipal Clerk in writing.
A temporary suspension will immediately and automatically issue, if
one is not already in effect, pending the outcome of the charge. A
three-person panel, appointed by the Chief of Police, shall review
the stated grounds for revocation and the panel shall issue an appropriate
disposition of either suspension, revocation, or reinstatement. If
the panel determines that revocation is the appropriate disposition,
it shall set forth the grounds for the same in writing in the form
of a notice of revocation, which shall be provided to the dealer.
The notice shall advise the dealer of the right to appeal. If the
panel determines that suspension is the appropriate disposition, it
shall provide the dealer with a notice of suspension that shall advise
the dealer of the right to appeal. Following revocation, the dealer
must relinquish his or her license and must immediately and indefinitely
cease operating a scrap metal business within the municipality.
h.
Appeal. Any applicant wishing to appeal an issuance of a suspension
or revocation shall be entitled to a hearing before a three-person
panel, appointed by the Chief of Police, at which time the applicant
shall be permitted to introduce such evidence as may be deemed relevant
to such suspension or revocation. Any applicant exercising the right
to appeal must file a written notice of appeal within 10 days of receiving
written notice of revocation or suspension of license.
i.
A dealer shall have the right to change the location of the licensed
business, provided that he or she notifies the Municipal Clerk, in
writing, of the street address of said new location.
[Ord. No. 2015-5]
Each dealer covered under this section shall deliver a bond
to the Municipal Clerk executed by the applicant as principal and
executed by a surety company authorized to do business under the laws
of the State of New Jersey as surety. The bond shall be subject to
review and approval by the Municipal Attorney, as defined in N.J.S.A.
40A: 9-139, and shall be in the penal sum of $10,000, conditioned
for the due and proper observance of and compliance with the provisions
and requirements of all ordinances of the municipality in force or
which may be adopted respecting the conduct of this business and conditioned
also that the bond shall be and remain for the benefit of any person
or persons who shall have received judgment against the dealer licensed
under this chapter, which damage shall be established by a judgment
of a court of proper jurisdiction. Said bond shall contain the following
language: "The obligation of this bond shall, in addition to the [party
municipality], be and remain for the benefit of any person who shall
obtain a judgment against obligor as a result of damage sustained
in operation pursuant to any license granted under this section."
Said bond shall be kept for a minimum of one year from the date of
issuance of license and must be renewed annually along with the license.
[Ord. No. 2015-5]
A nonrefundable fee for initial application and license for an operator of a scrap metal business, as covered under this chapter, is $300. The annual renewal fee for a license is $250. These fees are separate from and in addition to any fees the dealer will be required to pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by Subsection 4-10.5d of this section. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from the date of its issuance.
[Ord. No. 2015-5]
Violation of any provision of this section by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in Subsection 4-10.6 f and g above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in Subsection 4-10.6g. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section.
[Ord. No. 2015-5]
a.
Any person, partnership, limited liability company, corporation,
or other entity engaging in the scrap metal business shall conform
to the provisions of this section within 90 days following the effective
date of this section.
b.
All ordinances or parts of ordinances inconsistent herewith are hereby
repealed.
c.
Nothing contained in this section is intended to replace any pre-existing
statutory requirements governing scrap metal businesses, as in N.J.S.A.
45:28-1 et seq., or any other statutory provision regarding any subject
matter discussed herein.
d.
If any section, subsection, sentence, clause, phrase, or portion
of this section is for any reason held to be invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions hereof.
[Ord. No. 2018-19]
a.
Lakewood Township hereby establishes First Energy Park as an amusement
park.
b.
Any amusement games established at the amusement park shall conform
to all federal, state and local licensing laws including, but not
limited to the New Jersey Amusement Games Licensing Law.
c.
Each amusement license shall be filed with the Township Clerk and
be subject to approval by the Township Committee.
d.
Upon proof of compliance with all applicable requirements, the Township
shall authorize the issuance of a license by Resolution.
e.
The following amusements and/or games will be available at First Energy Park and will be licensed pursuant to Chapter 4 of The Revised General Ordinances of The Township of Lakewood:
|
Type of Amusement/Game
|
Annual License Fee
|
|---|---|
|
Basketball
|
$150
|
|
Dart Game
|
$150
|
|
Ring Toss Game
|
$150
|
|
Knock Down the Cats Game
|
$150
|
|
Goblet Toss Game
|
$150
|
