[1984 Code § 7-1.1]
The purpose of this section is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses
issued by the Borough, except alcoholic beverage licenses, dog licenses
and taxicab licenses, and except as may be specified otherwise or
provided elsewhere in this chapter.
[1984 Code § 7-1.2]
All applications for licenses shall be accompanied by the required
fee and shall be made to or through the Borough Clerk upon forms provided
by him/her, 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 the violation of any municipal ordinance other than traffic
offenses and, if so, the date and place of conviction, the nature
of the offense, and the punishment or penalty imposed.
h.
Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate his
character and responsibility.
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.
[1984 Code § 7-1.3]
Each application shall be referred to the Chief of Police or
a Police Officer designated by him, who shall immediately institute
whatever investigation of the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity
he considers necessary for the protection of the public. He shall
communicate his findings in writing to the Borough Clerk within a
reasonable time after the application has been filed. If the investigator
decides that the applicant's character, ability or business responsibility
is unsatisfactory, or the products, services or activity are not free
from fraud, he shall disapprove the application and the Clerk shall
refuse to issue the license and shall so notify the applicant. Otherwise,
the Borough Clerk shall issue the license immediately, provided the
required license fees have been paid, except in cases where approval
of the Mayor and Council is required. In the 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 Borough Council for hearing. The appeal must be
filed, in writing, with the Borough Clerk within 14 days after notification
of the refusal. The Borough Council shall hold its hearing within
10 days thereafter, and its decision shall be final.
[1984 Code § 7-1.4]
Licenses shall be in a form which the Borough Council 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 Mayor and Borough Council
may require by resolution.
[1984 Code § 7-1.5]
The Borough Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Borough Council 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 license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal, and any other information which the Mayor and Borough Council may require by resolution.
[1984 Code § 7-1.6]
When the licensed activity is conducted at a fixed location,
or from a vehicle, the license shall be prominently displayed at the
location or on the vehicle. In all other cases the licensee shall
have the license in his possession at all times and shall display
it upon the request of any Police Officer or any person with whom
he is doing business.
[1984 Code § 7-1.7]
Except as otherwise provided, a license shall apply only to
the person to whom it was issued and shall not be transferable to
another person. Licenses may be transferred from place to place, in
cases where the licensed activity is conducted at a fixed location,
but only with the approval of the Borough Council by resolution. The
fee for the transfer of a license from place to place shall be $5.
[1984 Code § 7-1.8]
Except where expressly provided otherwise, all licenses shall
expire on December 31 of the year of issue at 12:00 midnight. Applications
for the renewal of licenses shall be made not later than December
1 of the year of issue.
[1984 Code § 7-1.9]
Any license or permit issued by the Borough may be revoked by
the Borough Council after notice and hearing for any of the following
causes:
a.
Fraud or misrepresentation in any application for a permit or license.
b.
Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity.
c.
A violation of any provision of this revision.
d.
Conviction of the licensee for any felony or high misdemeanor or
a misdemeanor or disorderly person's offense involving moral
turpitude.
e.
Conduct of the licensed activity whether by the licensee himself
or his agents or employees in an unlawful manner or in a manner that
constitutes a breach of the peace or a menace to the public health,
safety or general welfare.
f.
Whenever a license has been issued immediately upon an application,
pending the results of the investigation provided for by this chapter,
such license may be summarily revoked if the result of the investigation
is such as would have resulted in denial of the application.
[1984 Code § 7-1.10]
Notice of a hearing for the revocation of a license or permit
shall be given in writing by the Borough Clerk. The notice shall specifically
set forth the grounds upon which the proposed revocation is based
and the time and place of the hearing. It shall be served by mailing
a copy to the licensee at his last known address by certified mail,
return receipt requested, at least five days prior to the date set
for the hearing.
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 Borough
Council shall revoke or suspend the license if they are satisfied
by a preponderance of the evidence that the licensee is guilty of
the acts charged. (1984 § 7-1.11)
[1984 Code § 7-1.12]
The Borough Council may issue another license to a person whose
license has been revoked or denied as provided in this section if
after hearing they are satisfied by clear and convincing evidence
that the acts which led to the revocation or denial will not occur
again; otherwise, no person whose license has been revoked or denied,
nor any person acting for him, directly or indirectly, shall be issued
another license to carry on the same activity.
[1984 Code § 7-1.13]
The Borough Council may by resolution make rules and regulations
which interpret or amplify any provision of this chapter or for the
purpose of administering the provisions of this chapter or making
them more effective. No regulation shall be inconsistent with or alter
or amend any provision of this chapter and no regulation shall impose
any requirement which is in addition to or greater than the requirements
that are expressly or by implication imposed by any provision of this
chapter.
[1984 Code § 7-2.1]
As used in this section:
Shall mean any person, whether a resident of the Borough
or not, traveling by foot, wagon, automotive vehicle or any other
type of conveyance, from place to place, from house to house, or from
street to street, carrying, conveying or transporting goods, wares,
merchandise, meats, fish, vegetables, fruits, food, ice cream, fruit
ices, soda water, garden farm products or provisions, offering and
exposing the same for sale, or making sales and delivering articles
to purchasers. "Hawkers," "hucksters" and "vendors" shall be included.
[1984 Code § 7-2.2]
It shall be unlawful for any person to engage in the business
of a peddler within the corporate limits of the Borough without first
obtaining a license.
[1984 Code § 7-2.3]
The license fee for a peddler on foot shall be $25 per year.
The license fee for a peddler from a vehicle shall be $25 per year.
These fees are for the purpose of raising revenues. No portion of
the fee shall be prorated for any part of the year.
[1984 Code § 7-2.4]
No peddler shall have any exclusive right to any location, nor
shall he be permitted to operate in any congested area where his operations
might impede or inconvenience the public. For the purpose of this
section, the judgment of a Police Officer, exercised in good faith,
shall be deemed conclusive as to whether the area is congested or
the public impeded or inconvenienced.
[1984 Code § 7-2.5; Ord. No. 2018-07 § 1]
No person shall sell, offer for sale, hawk or peddle in the Borough any of the items listed in subsection 4-2.1 before 9:00 a.m. or after 9:00 p.m.
[1984 Code § 7-2.6]
It shall be the duty of any Police Officer of the Borough to
require any person peddling, and who is not known by such officer
to be duly licensed, to produce his peddler's license and to
enforce the provisions of this section against any person found to
be violating the same.
[1984 Code § 7-2.7]
This section shall not be construed to include:
a.
The delivery of milk, eggs, bread, newspapers or such other necessary
and perishable articles of food or merchandise of the type commonly
delivered on a house to house basis at intervals of less than one
week.
b.
Federal census takers and polls or surveys taken pursuant to Federal,
State or local laws.
Any veteran or volunteer fireman who holds a special license
issued pursuant to N.J.S.A. 45:24-9 shall be exempt from application
for a license, but shall be required to comply with all other applicable
sections of this chapter.
[1984 Code § 7-2.8]
The equipment used or employed by peddlers of ice cream, foods,
beverages, confections and other related commodities shall be maintained
in a clean and sanitary manner and be subject to the inspection of
the Board of Health or its authorized agents. Any violation found
and not immediately corrected shall be grounds for revocation of the
license.
[Ord. No. 2018-07]
a.
Any owner or occupant of real property within the Borough of Haworth
who refuses to be canvassed or solicited pursuant to this section
may enroll in the Borough's "No Knock" registry by completing
the application for "No Knock" registry at the Haworth Police Department
Police desk clerk, such application being incorporated herein by reference.
b.
No person or peddler, as defined in this section, shall sell, buy
or dispose of, or offer to sell, buy or dispose of any goods, wares,
merchandise, other personal property or services to be rendered in
the future, or to take orders for any goods, wares, merchandise, other
personal property or services to be rendered in the future, or to
solicit business from any owner or occupant whose name and property
address is included on the "No Knock" registry list maintained by
the Haworth Police Department.
[1984 Code § 7-3.1]
As used in this section:
Shall mean a person, also known as a canvasser, whether resident
of the Borough or not, traveling either by foot, wagon, automobile,
motor truck, or any other type of conveyance, from place to place,
from house to house or from street or street, to take or attempt to
take orders for sale of goods, wares and merchandise, personal property
of any nature whatsoever for future delivery, or for services to be
furnished or performed in the future, whether or not the individual
has, carries or exposes for sale a sample of the subject of the sale,
and whether or not he accepts an advance payment for the goods. Any
person taking a poll or a survey from house to house or on the streets,
or distributing advertisements or handbills is included.
[1984 Code § 7-3.2]
It shall be unlawful for any solicitor or canvasser to engage
in such business within the Borough without first obtaining a license.
[1984 Code § 7-3.3]
This section shall not apply to any person who has obtained a charitable solicitors permit in accordance with Section 4-4 nor shall it apply to any person distributing literature or handbills on behalf of a candidate for public office.
[1984 Code § 7-3.4]
In addition to the information required by subsection 4-1.2, the application for a solicitors license shall indicate the place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of deliver.
[1984 Code § 7-3.5]
The fee for a solicitors or canvassers license shall be $25.
[1984 Code § 7-3.7; Ord. No. 2018-07]
No soliciting or canvassing activities shall be conducted before
9:00 a.m. or later than 9:00 p.m.
[Ord. No. 2018-07]
a.
Any owner or occupant of real property within the Borough of Haworth
who refuses to be canvassed or solicited pursuant to this section
may enroll in the Borough's "No Knock" registry by completing
the application for "No Knock" registry at the Haworth Police Department
Police desk clerk, such application being incorporated herein by reference.
b.
No person or peddler, as defined in this section, shall sell, buy
or dispose of, or offer to sell, buy or dispose of any goods, wares,
merchandise, other personal property or services to be rendered in
the future, or to take orders for any goods, wares, merchandise, other
personal property or services to be rendered in the future, or to
solicit business from any owner or occupant whose name and property
address is included on the "No Knock" registry list maintained by
the Haworth Police Department.
[1984 Code § 7-4.1]
As used in this section:
Shall mean and include patriotic, religious, eleemosynary,
benevolent, educational, civic or fraternal associations, societies
and the like.
Shall mean and include the giving of alms, food, clothes,
money subscriptions, pledges or property of any nature or kind.
Shall mean any individual, firm, copartnership, corporation,
company, association, church, religious denomination, society, class
or league.
Shall mean the request, directly or indirectly, of money,
credit, property, financial assistance, and other things of value
on the plea or representation that such money, credit, property, financial
assistance or other thing of value will be used for a charitable and
philanthropic purpose as defined in this chapter. "Solicitation" shall
be deemed to be complete when made, whether or not the person making
the same receives any contribution.
[1984 Code § 7-4.2]
No person or organization shall solicit charitable and philanthropic
contributions within the Borough without first obtaining a permit
authorizing such public solicitations; provided, however, that the
provisions of this section shall not apply to any established person
or organization authorized and not operated for the pecuniary profit
of any person if the solicitations by such person or organization
are conducted among the members thereof or if the solicitations are
in the form of collections or contributions at the regular assembly
or meetings of any such person or organization.
[1984 Code § 7-4.3]
Application for a permit to make a public solicitation of funds
by charitable and philanthropic organizations shall be made to the
Borough Clerk upon forms provided by the Borough.
In addition to the application required by subsection 4-1.2, the application herein required shall contain the following information:
a.
The purpose for which such solicitation is to be made and the estimated
amount of funds proposed to be raised thereby.
b.
A specific statement showing the need for the solicitation.
c.
The name and address of the person who will be in direct charge of
conducting the solicitation.
d.
The names and addresses of all persons making the proposed solicitation.
e.
A brief outline of the method to be used in conducting the solicitation.
f.
The time and dates when such solicitations shall be made, giving
preferred dates and alternate dates for the beginning and ending of
such solicitation.
g.
The amount of any wages, fees, commissions or expenses to be paid
to any person or organization for conducting such solicitation and
the names and addresses of all such persons.
h.
A full statement of the character and extent of the charitable and
philanthropic work conducted by the applicant within the Borough.
i.
A statement to the effect that if the permit is approved, it will
not be used or represented in any way as an endorsement of the proposed
solicitation by the Borough or by any of its officers or departments.
If while the application is pending, or during the term of any
permit granted thereunder, there is any change in fact, policy or
method that would alter the information given in the application,
the applicant shall notify the Borough Clerk in writing within 24
hours after such change.
[1984 Code § 7-4.4]
The investigation required under subsection 4-1.3 shall be limited to that sufficient for the Chief of Police to make a determination that the person or organization is bona fide. Upon making such a determination the Chief of Police shall approve the application and notify the Borough Clerk.
[1984 Code § 7-4.5]
If the application is approved, the Borough Clerk shall immediately
notify the applicant and issue the permit without charge. If the application
is disapproved, notification stating the reasons for such disapproval
shall immediately be sent to the applicant by the Borough Clerk.
[1984 Code § 7-4.6]
If the application has been disapproved, the applicant may appeal
the decision to the Borough Council by filing a written notice of
appeal with the Borough Clerk within 14 days after the notice of disapproval.
The Council shall hold its hearing within 10 days thereafter and its
decision shall be final.
[1984 Code § 7-4.7]
It shall be the duty of the Borough Clerk to keep a current
calendar of approved solicitations to be conducted within the Borough.
The Borough Clerk shall have the right to propose alternate
dates for a solicitation if the requested dates should unfairly conflict
with other solicitations being conducted within the Borough.
[1984 Code § 7-4.8]
There shall be no fee payable to the Borough for any charitable
and philanthropic solicitation permit.
[1984 Code § 7-4.9]
No permit may grant the right to solicit for a period longer
than 90 consecutive days.
[1984 Code § 7-4.10]
Any person or organization receiving money or any other thing
for a value of one ($1.00) dollar or more from any contributor under
a solicitation made pursuant to this section shall give to the contributor
a written receipt signed by the solicitor showing the date and the
amount received; provided, however, that this section shall not apply
to any contribution collected by means of a closed box or receptacle
used in solicitation where the use thereof has been approved by the
Borough Council, where it is impractical to determine the amount of
each contribution.
[1984 Code § 7-4.11]
All solicitations conducted under the authority of this section
shall take place between the hours of 10:00 a.m. and 9:00 p.m. and
no solicitations shall be conducted on Sundays. Any person or organization
desiring to solicit at hours other than those stated herein shall
make special request therefor on their application and this special
request shall be approved or disapproved by the Borough Council. If
approval is given by the Borough Council for the solicitation to be
conducted at other than the hours stated in this section, the approval
shall be plainly stamped on the permit issued by the Borough Clerk.
[1984 Code § 7-5.1]
No person shall operate a retail food establishment, as defined
in the Retail Food Establishment Code of New Jersey, 1965, without
having first obtained a license from the Borough and paid the required
license fee. The term of the license shall be for a period of one
year with all licenses to expire December 31.
[1984 Code § 7-5.2]
In addition to the requirements contained in Section 4-1, each application for a license under this section shall be investigated by the Borough Health Officer, who shall report his findings in writing to the Mayor and Borough Council within a reasonable time. No license shall be issued unless the Health Officer reports that the applicant conforms to all provisions of the Retail Food Establishment Code.
[1984 Code § 7-5.3; New; Ord. No.
2012-20]
The fees for licenses under the Borough of Haworth Health Code
shall be as follows:
a.
Retail establishments that prepare and serve food, including, but
not limited to, restaurants, country clubs, diners, luncheonettes,
pizza parlors and food stands, and/or include operations described
below in paragraphs b through d:
b.
Retail establishments that handle, but do not prepare food for consumption
on site, including, but not limited to, delicatessens, meat, food
markets, and take-out only restaurants, and/or include operations
described below in paragraphs c and d:
|
Square Feet
|
Fee
|
|---|---|
|
Up to 3,000
|
$150.00
|
|
3,000 to 6,000
|
$200.00
|
|
6,000 to 10,000
|
$250.00
|
c.
Bakeries and/or operations described below in paragraph d.: $100.00
d.
Selling, dispensing or storing candy, ice cream or similar products:
$50.00
f.
Each vehicle selling or dispensing box lunches or other food products,
including prepackaged ice cream: $250.00
g.
Temporary retail food establishment at a single location for up to
seven days within a month: $25.00
[1984 Code § 7-5.4]
[1984 Code § 7-6.1]
This section is for the purpose of regulating all games of chance
held, operated or conducted within the Borough, pursuant to the Acts
of the Legislature of the State of New Jersey, known as the "Bingo
Licensing Law" and the "Raffles Licensing Law," and in accordance
with the rules and regulations issued or to be promulgated by the
Legalized Games of Chance Control Commission in the Department of
State of the State of New Jersey. All applications, licenses, and
proceedings in connection therewith shall be subject to the provisions
of the Acts and the rules and regulations, and any laws, rules and
regulations hereafter enacted; and shall be further subject to the
provisions of this section.
[1984 Code 7-6.2]
a.
Hours. No licensee authorized by law shall hold, operate or conduct
any game of chance at the place where the game of chance is being
conducted under any license except between the hours of 1:00 p.m.
and 11:00 p.m.
b.
Organizations Eligible for License. No license to conduct a game
of chance as authorized by law shall be issued to any organization
not having a bona fide situs established in good faith within the
State of New Jersey and actively engaged in serving one or more of
the authorized purposes as defined by the rules and regulations of
the Legalized Games of Chance Control Commission.
c.
Games of Chance during Elections Prohibited. No game of chance shall
be conducted under any license at any time during which a general,
municipal, primary, special or Board of Education election is being
held, while the polls are open for voting at such election or on Sunday.
[1984 Code § 7-7.1]
It shall not be lawful for any person to carry, conduct or maintain
a miniature golf course, golf driving range or field, quoit or horseshoe
pitching grounds, outdoor swimming pool, rifle range, exhibition ground
or other establishment for outdoor exercise, amusement or entertainment
for profit, without first having obtained a license to do so.
[1984 Code § 7-7.2]
In addition to the information required in Section 4-1, the application shall contain full particulars as to the character and nature of the enterprise to be conducted, the location and dimensions of the ground to be used, parking facilities, and a description of the equipment to be employed.
Notice of an application shall be published by the applicant
in a newspaper circulated within the Borough at least once in each
week for two consecutive weeks. The notice shall specify the date
upon which the application was to be heard by the Borough Council
and shall further set forth that on that date all interested citizens
may appear and be heard therein. A copy of such notice shall be served
upon all property owners within 1,000 feet of the affected premises
in the manner provided by law for notices of appeal to the Zoning
Board of Adjustment.
[1984 Code § 7-7.3]
If the application shall be approved, the license shall be issued
upon the payment of a fee of $50.
[1984 Code § 7-7.4]
The operation of the enterprise shall at all times be under
the supervision of the Police Department, subject to regulations so
as to insure the quiet and orderly conduct of the enterprise in such
manner as to avoid annoyance and disturbance in the vicinity in which
it is operated. All enterprises shall close business at 11:00 p.m.
This section shall not apply to golf courses or other outdoor
amusements conducted by a private club and available only for the
use of the members of such club or their guests.
[1984 Code § 7-10.1]
Regulation and control of the placement and operation of coin-operated
commercial amusement devices known as pinball machines and electronic
games of whatever nature, and knowledge of the persons and corporation
owning and operating such devices is deemed necessary for the public
welfare and safety to insure that such uses in the Borough shall be
free of gambling or other illegal conduct; that commercial buildings
shall not be overcrowded and that noise shall not be excessive.
[1984 Code § 7-10.2]
No person shall hereafter maintain, place or allow to be used
any machine defined or commonly known as a pinball machine, electronic
game or other amusement device within the Borough for profit without
obtaining a license for each such machine and then only as an accessory
use within the business district as defined under the Land Use Ordinance.
[1984 Code § 7-10.3]
a.
Fee. Any person desiring to obtain a license as herein required shall
complete an application therefor disclosing the following information;
and pay the application fee of $50.
b.
Name, address and signature of the applicant and if other than an
individual, the name, address and signature of an individual to be
responsible for the information provided in the application and for
the proper operation of the machine for which the license is sought.
c.
The address of the premises in the business district where the machine
will be located.
d.
Name and nature of the machine to be licensed.
e.
Manufacturer's serial number or other means of identification.
f.
The criminal record of any individual applicant, each partner of
any partnership applicant and each stockholder of any corporation
applicant owning 10% or more of the capital stock of the corporation.
g.
The number of other licensed machines on the premises at which the
machine will be located and the license number of each.
h.
A scale drawing of the room in which the machine will be located
showing:
1.
That its location will not impede ingress or egress from the room;
2.
That its location will permit observation of its use from the sidewalk;
3.
That it is surrounded by unobstructed area on three sides of a minimum
of four feet, (no such area of one machine shall overlap such area
required for any other machine);
4.
That its location will not cause users of the machine to interfere
in any manner with patrons of the primary use of the premises.
[1984 Code § 7-10.4]
a.
The contents of each application shall be investigated by the Police
Department and a written report thereon shall be submitted to the
Mayor and Borough Council with the application.
b.
The Construction Official shall inspect the premises designated in
the application to determine whether the location of the machine shall
not constitute a nuisance or hazard to patrons; will not obstruct
any exit from the premises; and will be clearly visible from the street.
c.
Licenses shall be issued by the Mayor and Borough Council unless
they shall find:
1.
The applicant or any party interested in the license as a partner
or corporate stockholder is not of good moral character; or
2.
The premises is found to be in violation, or would be in violation
of the Uniform Construction Code or Subcode, the Haworth Land Use
Ordinance, or would constitute a hazard to the morals or safety of
the public.
[1984 Code § 7-10.5]
The annual fee for one license for one machine shall be $300
for one calendar year and the same shall not be prorated. No license
shall be transferable from person to person, nor from place to place.
Every license shall expire on the last day of the year in which it
was issued.
[1984 Code § 7-10.6]
All licenses issued hereunder shall cover only one machine and
shall contain the name, signature and residence of the licensee, address
of the premises for which the license is granted, name of machine
licensed, serial number of machine, date of issuance of license, date
of expiration of same, the amount of the fee paid therefor and the
signature of the Borough Clerk.
[1984 Code § 7-10.7]
Every person holding a license issued under the provisions of
this section shall be required to display the licensed machine in
a conspicuous place in the place of business of the licensee and every
license or transfer license thereto attached shall likewise be required
to be displayed in a conspicuous place in the place of business of
the licensee in close proximity to the machine for which the license
or transfer license was issued. Each machine shall have a separate
license.
[1984 Code § 7-10.8]
No license provided for in this section shall be transferable
either from person to person, or from place to place. For substitution
of any machine for the machine licensed, the applicant shall furnish
the Borough Clerk with the serial number and description of the machine
to be substituted, and the name and address of the owner thereof,
and the Borough Clerk shall issue a transfer license for the substituted
machine upon the payment by the applicant of a transfer fee in the
amount of $4. The transfer license shall be attached to the original
license issued.
[1984 Code § 7-10.9]
Any license issued under the provisions of this section, after
hearing, may be revoked by the Mayor and Borough Council for the violation
of any of the provisions of this or any other municipal ordinance,
or State or Federal law, rule or regulation, or for falsification
on the application for the license, and upon the filing with the Borough
Clerk or charges alleging such violation, pending such hearing and
final determination by the Mayor and Council, the Chief of Police
shall take the license into his physical possession and shall retain
the same in his office until the further order of the Mayor and Council.
[1984 Code § 7-10.10]
a.
Offering of Prizes and Gambling Prohibited. No licensee or other
person shall offer any prize, free games or other reward to any person
playing any machine required to be licensed by the provisions of this
section, nor shall any license permit the machine to be used for any
gambling purpose whatsoever.
b.
Minimum Age Requirement. No person under the age of 12 years of age,
unless accompanied by either of his parents or his guardian, shall
be permitted to play any machine or device covered by this section.
c.
Hours of Operation. No licensee shall permit operation of any machine
during school hours, nor at any time before 8:00 a.m. or after 11:00
p.m.
[1984 Code § 7-10.11; New]
[Ord. No. 826 § 7-11.1]
As used in this section:
Shall mean any organic or inorganic substance including grass,
grass clippings, branches, twigs, mulch, soil or other natural parts
of foliage, including stumps or trees, products of the earth, including
any residue from any of the foregoing. Leaves shall not be considered
debris for purposes of this section.
Shall mean any individual person, partnership, firm, association,
business or legal entity which undertakes any of the following services
as a commercial undertaking, for consideration; mowing of grass or
lawns; trimming or cutting of trees, bushes or shrubbery; restoration
or installation of lawns, grass, foliage, leaves or trees from a given
property; any and all services relating to the placing, installation,
care or cultivation of lawns, shrubbery, trees, foliage or other plant
life.
[Ord. No. 826 § 7-11.2]
No individual person, partnership, firm, association, business
or legal entity shall conduct a landscaping business within the Borough
without first having obtained a license from the Borough Clerk.
[Ord. No. 826 § 7-11.2]
All applications for landscaping licenses shall be in writing
on forms furnished by the Borough, signed by the applicant or the
authorized agent of the applicant, and presented to the Borough Clerk.
The application shall state the name of the landscaper, the correct
name under which the business is being operated, the residence of
the applicant, and such other pertinent information as may be necessary
for an investigation of the application. The landscaper shall provide
an insurance certificate and pesticide license number if needed.
[Ord. No. 826 § 7-11.3]
The annual fee for each landscaping license issued, or for any
renewal thereof, shall be $35 for each year or portion of a year for
which the license is issued or renewed.
[Ord. No. 826 § 7-11.4]
a.
Possession of License Required. No landscaper shall operate within
the confines of the Borough without possession of a valid license.
b.
Removal of Debris. The removal of debris resulting from landscaping
services shall be the responsibility of the landscaper or may be recycled
by the homeowner by placing it in a reusable container at curbside
to be picked up by scavenger.
c.
Sunday Operation Prohibited. No landscaper shall perform any landscaping
services within the confines of the Borough on Sunday.
d.
Leaves. No landscaper shall dump or allow the dumping of leaves which
do not originate within the boundaries of the Borough. Landscapers
will be able to rake leaves into the curbline during the period of
September 30th through December 1st. (No clippings, sticks, rocks,
etc.) The leaves are to be placed evenly along the property line in
a neat and orderly fashion. No landscaper shall bag leaves. For reasons
of safety, residents on thoroughfares listed below must place leaves
on top of the curb and not in the street.
e.
Blocking of Storm Drains. No person shall allow the piling of leaves
so as to block accessibility to storm sewer drains.
f.
Debris Taken to DPW Yard. Landscapers shall provide a form signed
by the homeowner that debris taken to the DPW yard is from their residence.
[Ord. No. 826 § 7-11.5]
Should any landscaper violate the provisions of this section,
he shall be fined, for the first offense, the sum of $500, and in
addition, shall forfeit his license to operate within the Borough.
In the event that a landscaper shall, after forfeiture of his
license, attempt to operate within the Borough, he shall, upon conviction,
be sentenced to a fine of not less than $1,000. In addition, the court
may impose imprisonment for a period of not more than 30 days.
In the event that a license is forfeited, the landscaper may
reapply to the Borough Clerk, and upon the posting of a bond in the
amount of $3,000, which shall secure the Borough against further infractions,
the landscaper shall be issued a replacement license, valid only until
the end of that calendar year.
[Ord. No. 826 § 7-11.6]
The Police Department and the DPW Superintendent, and/or their
authorized designees, shall be charged with the enforcement of the
provisions of this section. Additionally, the Mayor and Borough Council
may later appoint other departments and/or Borough officials as enforcing
agents.
[Ord. No. 826 § 7-11.7]
All landscapers currently working within the confines of the
Borough of Haworth shall obtain a license pursuant to the provisions
of this section, no later than March 15, 1997. The failure of any
landscaper to obtain such a license prior to that date shall render
such landscaper subject to the penalties imposed herein.
[Ord. No. 720 § 6-12.1]
The purpose of this section is the regulation of the hours of
operation of the businesses within the Borough to prevent noise and
light at such levels as to constitute environmental pollution representing
a threat to the serenity and quality of life in Haworth's residential
neighborhood; to avoid the disturbing distractions which affect the
sleep and rest of residents in their homes; to secure and maintain
quiet seclusion and to make available to Haworth residents the refreshment
of repose and tranquility of solitude; and to ensure the health, safety
and welfare of the citizens of the Borough.
[Ord. No. 720 § 6-12.2]
All businesses in the Borough are prohibited from being open
for business during the hours of 12:00 midnight and 6:00 a.m. Eastern
Standard Time (2400 and 0600 hours) on any day, in the interest of
the health, welfare and protection of the citizens of the Borough,
except that this section shall not be interpreted to prohibit emergency
services conducted for profit during the prohibited hours. Emergency
services are those services which must be rendered immediately in
order to protect the health, safety or welfare of an individual (such
as pharmaceutical).
[Ord. No. 720 § 6-12.3;
New]
[Ord. No. 720 § 6-12.4]
It shall be the duty of the Police Department to enforce the
provisions of this section.
[1984 Code § 7-9.1]
No person shall use a bicycle within the Borough limits without
first having obtained a license and affixed the registration tag as
provided for in this section.
[1984 Code § 7-9.2]
The Borough Clerk shall provide the Police Department with application
forms, registration cards and registration plates. The license fee
for each bicycle shall be fifty ($.50) cents per year and shall be
paid at the time of application. Registration plates must be fastened
to the frame of the bicycle in a conspicuous place at all times.
[1984 Code § 7-9.3]
The applicant shall demonstrate to the licensing authority that
the bicycle is in a safe mechanical condition, that the applicant
is capable of operating the same and is familiar with the traffic
laws of the State of New Jersey relative to the operation of and equipment
of the bicycle as well as rules and regulations as the Police Department
may promulgate with the approval of the Mayor and Borough Council
concerning operation, equipment and maintenance of bicycles, and the
enforcement of this section.
[1984 Code § 7-9.4]
A bicycle being used without a registration card and tag, or
in such condition as to be unfit for safe operation, or operated recklessly,
may be impounded and have the registration revoked by the Police Department
until such time as the owner meets with the requirements of this section.
[Ord. No. 12-03 § 1]
The purpose of this section is to establish a procedure for
the licensing of outdoor cafes in the Business Zone D of the Borough
of Haworth, and to authorize the appropriate rules and regulations
to regulate this activity in order to ensure that the health, safety
and welfare of the Borough is protected.
[Ord. No. 12-03 § 1]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any eating establishment where food and other refreshments are served to the public upon the public right-of-way, namely the sidewalks directly in front of any licensed retail food service establishment, as defined in Section BH1-2 of the Revised Health Code of the Borough of Haworth. For the purpose of this section, the term "directly in front of " shall confine the outdoor café to the area represented by an extension of each side of the store occupied by the retail food service establishment projected directly to the curb line immediately in front thereof.
Shall mean any individual, partnership, corporation, limited
liability company, association or other entity.
Shall mean that area of the public right-of-way reserved
for pedestrian traffic from the curb to the front line of the building
housing a retail food service establishment.
[Ord. No. 12-03 § 1]
It shall be unlawful for any person to create, establish, operate,
maintain or otherwise be engaged in the business of conducting an
outdoor café upon the sidewalks of the Borough of Haworth,
or on private property, unless such person shall hold a currently
valid license issued pursuant to the terms of this section.
[Ord. No. 12-03 § 1]
Each applicant shall submit and file an application with the
Borough Construction Code Official, together with three copies of
a development plan (as described below), which shall be signed by
the applicant. The application shall contain the following information:
a.
The name, residence address and telephone number of the applicant
and property owner and, if the applicant is not the property owner,
written authorization of the owner of the property.
b.
The street address, block and lot of the property in question.
c.
Three sets of a proposed layout plan, containing scaled drawings
clearly illustrating the number, type of materials, color and location
of all tables, chairs, umbrellas, plantings, electrical outlets and
other furnishings or fixtures intended to be located in the outdoor
café. The perimeter of an outdoor dining area shall be defined
and set off by a portable-type enclosure, which may include live plantings.
Any such enclosure that defines the perimeter of the outdoor café
area shall separate the outdoor dining area from the pedestrians traversing
the adjacent sidewalk, shall not contain doors or windows, air conditioning
or heating equipment and shall be open at all times to the air from
a height of not more than three feet. Awnings or outdoor umbrellas
extending over the enclosure are permitted. The scaled drawings shall
also illustrate the following:
1.
The location of any doors leading from the retail food service establishment
to the outdoor café. No such doors shall be obstructed in any
manner.
2.
The dimension and location of unobstructed space permitting free
passage of pedestrian traffic around or through each outdoor café.
3.
An illustration of the enclosure or protective barrier separating
the eating and serving area of each outdoor café from pedestrian
and/or vehicular movement.
4.
The location of all fire hydrants, utility poles, benches, handicap
ramps, street furniture, trees and any other fixtures permanently
located on the sidewalk in front of the retail food service establishment
or within 10 feet thereof on either or any side.
5.
The type and location of any proposed outdoor lighting and fixtures.
d.
A statement of the authorized seating capacity of the retail food
service establishment and the proposed seating capacity of the outdoor
café area.
e.
A statement indicating the number of parking spaces on the property
serving the existing retail food service establishment.
[Ord. No. 12-03 § 1]
Each application shall be accompanied by a nonrefundable application
fee in the amount of $250.
[Ord. No. 12-03 § 1]
The Construction Code Official shall review the application
for completeness and compliance with the terms of this section. If
the application is complete, the Construction Code Official shall
act upon the same within 10 business days of the submittal of the
application or within 10 business days after the application becomes
complete. If the application is not complete, the Construction Code
Official will notify the applicant of the specific deficiencies in
the application, in writing, within 10 business days of the submission
of the application. The Construction Code Official may refer the application
to the Chief of Police, Fire Code Official, Board of Health or the
Borough Engineer for their review and recommendation, in which event
the time for all of the aforementioned actions shall be increased
to 15 business days.
[Ord. No. 12-03 § 1]
No license shall be issued for any outdoor café if there
are any outstanding code violations (i.e., zoning, property maintenance,
health, building and/or fire code violation) for the retail food service
establishment or the property.
[Ord. No. 12-03 § 1]
If the application complies with this section, the Construction
Code Official shall issue a license, subject to the terms and conditions
of this section, which license shall be valid for a period of one
year from the date of issuance.
[Ord. No. 12-03 § 1]
The license issued hereunder is personal to the applicant, and
any change or transfer of ownership of the retail food service establishment
operating the outdoor café shall terminate the license and
shall require a new application and a new license in accordance with
all of the requirements of this section.
[Ord. No. 12-03 § 1]
Acceptance of a license by the applicant shall operate as a
consent by the applicant to the Departments of Health, Fire, Police
and Building of the Borough to inspect the outdoor café for
continued compliance with the terms and conditions of this section
and any Federal, State, County or local law, ordinance or regulation
affecting same.
[Ord. No. 12-03 § 1]
a.
No license shall be issued hereunder unless the applicant shall demonstrate
that a minimum three foot wide area of unobstructed paved surface
will be available for pedestrian movement, including the unimpeded
passage of handicapped individuals, around or through the outdoor
café.
b.
The outdoor café shall be operated in accordance with the
layout plan as finally approved, and by the same person who operates
and maintains the retail food service establishment.
c.
No food or drink, including alcoholic beverages, shall be prepared
or stored other than in the interior of the retail food service establishment.
d.
Alcoholic beverages may be served outdoors in accordance with the
alcoholic beverage control licensing requirements of the State of
New Jersey. If the applicant is the holder of an alcoholic beverage
control license pursuant to the laws of the State of New Jersey, it
shall be the applicant's responsibility to cause the alcoholic
beverage control license to be amended to include the premises utilized
for outdoor café purposes in order to serve alcoholic beverages
therein.
e.
Any table service provided at the outdoor café shall be provided
by persons engaged or employed for that purpose and shall be furnished
to seated patrons only.
f.
No tables, chairs or other equipment shall be attached, chained or
in any manner affixed to any tree, post, sign, curb or sidewalk, or
to property of the Borough.
g.
The applicant shall not direct or permit to be directed to or from
the outdoor café any bell, whistle, siren, loudspeaker, public
address system, radio, sound amplifier or similar sound system.
h.
No outdoor café shall be open for business prior to March
1st or after November 30th. No outdoor café shall be open for
business prior to 8:00 a.m. nor remain open for business after 11:00
p.m.. All persons occupying the outdoor café shall vacate the
same no later than 11:30 p.m.
i.
The applicant shall remove all chairs, tables and other equipment
from the sidewalk within 30 minutes of the time in which the outdoor
café is vacated at the end of each business day.
j.
The number of seats provided in the outdoor café shall not
increase the number of seats permitted for the retail food service
establishment; i.e., for every seat in the outdoor café, the
number of permitted seats in the interior of the retail food service
establishment shall be reduced by one so that the number of permitted
seats for the retail food service establishment shall be not be increased
as a result of the outdoor café.
k.
Each licensee is responsible for keeping the area of the outdoor
café and the adjacent walks and streets free and clear of any
debris or litter occasioned by the café. Areas must be cleaned
as needed, not less than twice daily, at the beginning of each business
day, but not later than 7:00 a.m., and at the time the business closes
for the evening.
l.
No signs shall be permitted in the area of the outdoor café
except for signs on the façade of the retail food service establishment
and on the awnings, complying with the applicable sign regulations
of the Haworth Borough Code.
m.
All refuse shall be stored indoors. No refuse containers shall be
permitted on the sidewalk.
n.
No vending machines of any kind are permitted on the exterior of
any building operating an outdoor café.
[Ord. No. 12-03 § 1]
No license required by this section shall be granted to any
person to operate an outdoor café until such person shall have
first filed with the Borough Clerk a comprehensive general liability
insurance policy issued to the applicant by a public liability insurance
company authorized to do business in the State of New Jersey in the
amounts specified. Such insurance policy shall name the Borough of
Haworth, its elected and appointed officials, officers, employees
and agents as additional insureds with respect to the operation and
maintenance of the outdoor café in the amount of one million
($1,000,000.00) dollars combined single limit. The insurance coverage
required by this section shall at all times be maintained for the
full amount and shall contain a clause obligating the company issuing
same to give not less than 30 days' written notice to the Borough
Clerk before cancellation or amendment of any of the terms thereof.
The cancellation of any such policy shall have the immediate effect
of suspending the license to operate the outdoor café until
a new policy complying with the provisions of this section is filed
with the Borough Clerk and a letter in writing confirming the new
effective date of the license is issued by the Construction Code Official.
Notice of cancellation shall not relieve the company issuing such
policy for any injury or claim arising before the cancellation becomes
effective.
[Ord. No. 12-03 § 1]
Every insurance policy required hereunder shall contain a provision
for continuing liability thereunder to the full amount thereof notwithstanding
any recovery thereon, that the liability of the insured shall not
be affected by the insolvency or the bankruptcy of the insured and
that, until the policy is canceled, the insurance company will not
be relieved from liability on account of nonpayment of premium or
of any act or omission by the named insured. Such policy of insurance
shall be further conditioned for the payment of any and all judgments
up to the limits of such policy. All policies shall be submitted to
the Borough's Risk Manager for review and approval prior to the
granting of a license, and annually thereafter.
[Ord. No. 12-03 § 1]
No license shall be issued until a statement is filed by the
applicant with the Borough Clerk agreeing to indemnify and hold harmless
the Borough of Haworth, its elected and appointed officials, officers,
employees and agents from any and all claims, damages, judgments,
costs or expenses, including attorneys' fees, which may be incurred
or required to be paid because of any personal injury, including death
or property damage, suffered by any person or persons as a result
of or related in any way to the operation and maintenance of the outdoor
café for which the license is issued.
[Ord. No. 12-03 § 1]
Upon determination by the Construction Official that a licensee
has violated one or more of the provisions of this section, the Construction
Official may give written notice to the licensee to correct such violation
within 24 hours of the receipt of such notice by the licensee. In
the event the licensee fails or refuses to correct such violation
within such period, the licensee's outdoor café license
may thereupon be revoked. Any licensee cited for three or more violations
of this section, even if corrected, may have his or her license revoked.
[Ord. No. 12-03 § 1]
Any person aggrieved by any action of the Construction Official
in the denial, suspension or revocation of an outdoor café
license shall have the right to appeal to the Borough Council. The
appeal shall be taken by filing with the Construction Official and
the Borough Clerk, within 10 days after the notice of the action complained
of has been served upon the licensee personally or by mail sent to
the licensee at the licensed premises, a written statement setting
forth the grounds for appeal. The Borough Council shall designate
one of its members as hearing officer and shall set a time and a place
for the appeal which, in the case of a license revocation, shall be
no later than five business days after the appeal is filed, at which
time the hearing officer shall conduct a hearing and affirm, modify
or reverse the action appealed from.
[Ord. No. 12-03 § 1]
Any license issued hereunder is issued solely as a revocable
license, which shall be subject to revocation or suspension by the
Construction Code Official or the Mayor and Council for failure of
any licensee to comply with this section, for violation of any other
applicable Federal, State, County or local law, regulation or ordinance,
or if access to the sidewalk is needed in connection with a public
work to be performed in the area. It shall be unlawful for any person
to operate an outdoor café after the suspension or revocation
of the applicable license. Any license issued hereunder is issued
upon the express understanding and agreement by the licensee that
the licensee obtains no property right thereunder, nor any interest
in the continuation or renewal of said license.
[Ord. No. 12-03 § 1]
At the end of the license period, or in the event the license
is temporarily or permanently suspended or revoked, the licensee shall,
at the licensee's sole cost and expense, vacate the sidewalk
space and remove any property placed thereon by the licensee. Failure
to do so on five days' written notice shall grant the Borough
the right to remove any property on the sidewalk; and the licensee
shall reimburse the Borough for the cost incurred by the Borough in
removing and storing the same.
