Town of Guttenberg, NJ
Hudson County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. 6/20/90 § I]
CERTIFICATE
Shall mean a certificate of public convenience and necessity issued by the Mayor and Board of Council, authorizing the holder thereof to conduct a taxicab, limousine or livery business in the Town.
CRUISING
Shall mean the driving of a taxicab, limousine or livery vehicle on the streets, alleys, or public places of the Town in search of, or soliciting, prospective passengers for hire.
DRIVER'S LICENSE
Shall mean the permission granted by the Mayor and Board of Council to a person to drive a taxicab, limousine or livery vehicle upon the streets of the Town.
HOLDER
Shall mean a person to whom a certificate of public convenience and necessity has been issued.
LIMOUSINE OR LIVERY VEHICLE
Shall mean a vehicle which has been issued livery license plates by the State of New Jersey, is used to carry passengers for hire, does not have an established route and which is constructed and designed to comfortably seat not more than nine passengers excluding the operator of the vehicle.
MANIFEST
Shall mean a daily record prepared by a taxicab, limousine or livery vehicle driver of all trips made by the driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip.
RATE CARD
Shall mean a card issued by the Mayor and Council for display in each taxicab, limousine, or livery vehicle and which contains the rates of fare then in force.
TAXICAB
Shall mean a motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of fewer than six persons, and not operated on a fixed route.
WAITING TIME
Shall mean the time when a taxicab, limousine or livery vehicle is not in motion from the time of acceptance of a passenger or passengers to the time of discharge, but does not include any time that the taxicab, limousine, or livery service is not in motion if due to any cause other than the request, act or fault of a passenger or passengers.
[Ord. 6/20/90 § II]
No person shall operate or permit a taxicab, limousine or livery vehicle owned or controlled by him to be operated as a vehicle for hire upon the streets of the Town without having first obtained a certificate of public convenience and necessity from the Mayor and Board of Council.
[Ord. 6/20/90 § III]
An application for a certificate shall be filed with the Town Clerk upon forms provided by the Town and the application shall be verified under oath and shall furnish the following information:
a. 
The name and address of the applicant.
b. 
The name and address of all persons having an interest equal to or greater than 10% in the business entity which is applying for the certificate of public convenience and necessity.
c. 
The experience of the applicant in the transportation of passengers.
d. 
Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate.
e. 
The number of vehicles to be operated or controlled by the applicant and the location of proposed depots and terminals.
f. 
In the case of taxicabs, the color scheme or insignia to be used to designate the vehicle or vehicles of the applicant.
g. 
Such further information as the Mayor and Board of Council may require.
[Ord. 6/20/90 § IV]
Upon the filing of an application, the Town shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been theretofore issued. Due notice shall also be given the general public by posting a notice of such hearing in the Town Hall. Any interested person may file with the Town Clerk a memorandum in support of or in opposition to the issuance of a certificate.
[Ord. 6/20/90 § V5]
If the Mayor and Board of Council find that further taxicab, limousine or livery service in the Town is required by the public convenience and necessity and that the applicant is fit, willing, and able to perform such public transportation and to conform to the provisions of this section and the rules promulgated by the Mayor and Board of Council, then the Town Clerk shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under the certificate and the date of issuance; otherwise, the applicant shall be denied.
In making the above finding, the Mayor and Board of Council shall take into consideration the number of taxicabs, limousines, or livery vehicles already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions, and the character, experience and responsibility of the applicant.
[Ord. 6/20/90 § VIII]
No certificate of public convenience and necessity may be sold, assigned, mortgaged or otherwise transferred without the consent of the Mayor and Board of Council.
[Ord. 6/20/90 § IX]
A certificate issued under the provisions of this section may be revoked or suspended by the Mayor and Board of Council if the holder thereof has (a) violated any of the provisions of this section, (b) discontinued operations for more than 30 consecutive days, (c) has violated any ordinance of the Town, or the law of the United States or the State of New Jersey, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation.
Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard.
[Ord. 6/20/90 § 6]
No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect an insurance policy for each vehicle authorized in the amount of $100,000 for bodily injury to any one person; in the amount of $300,000 for injuries to more than one person which are sustained in the same accident and $50,000 for property damage resulting from any one accident. Proof of such insurance shall be filed in the office of the Town Clerk. All insurance policies required hereunder shall be issued by an insurance company authorized to do business in the State of New Jersey.
[Ord. 6/20/90 § VII; Ord. #18-11]
No certificate shall be issued or continued in operation unless the holder thereof has paid an annual license fee of $250 for the right to engage in the taxicab, limousine or livery business and $100 each year for each vehicle operated under a certificate of public convenience and necessity. The license fees shall be for the calendar year and shall be in addition to any other license fees or charges established by proper authority and applicable to the holder or the vehicle or vehicles under his operation and control.
[Ord. 6/20/90 § X]
No person shall operate a taxicab, limousine or livery for hire upon the streets of the Town, and no person who owns or controls a taxicab, limousine or livery vehicle shall permit it to be so driven, and no taxicab, limousine or livery vehicle licensed by the Town shall be so driven at any time for hire, unless the driver of the taxicab, limousine or livery vehicle shall have first obtained and shall have then in force a driver's license issued under the provisions of this section.
[Ord. 6/20/90 § XI; Ord. #010/04; Ord. #016/05; Ord. No. 04-2018]
An application for a taxicab, limousine, or livery vehicle driver's license shall be filed with the Town Clerk on forms provided by the Town; and such application shall be verified under oath and shall contain the following information:
a. 
The names and address of two persons other than the applicant's prospective employer who will vouch for the sobriety, honesty, and general good character of the applicant.
b. 
The experience of the applicant in the transportation of passengers.
c. 
The education background of the applicant.
d. 
A concise history of the applicant's past employment.
At the time the application is filed, the applicant shall pay to the Town the sum of $10.
The Chief of Police or his designee is hereby authorized to issue a temporary taxicab, limousine or livery vehicle driver's license to any applicant who has fulfilled all of the requirements of this subsection.
Such temporary taxicab driver's license may be issued pending completion of a detailed investigation of the applicant by the Police Department and submission of the results of that investigation and the original application for consideration by the Mayor and Board of Council. No such temporary taxicab driver's license shall be valid for a period greater than 90 days from the date of issuance.
[Ord. 6/20/90 § XII]
Before any application is finally passed upon the Mayor and Board of Council the applicant shall be required to pass an examination given by the Police Department Traffic Officer on the applicant's knowledge of the Town; shall be required to show that he has a current motor vehicle operator's permit issued by the State of New Jersey; and shall be required to demonstrate the ability to communicate in the English language.
[Ord. 6/20/90 § XIII]
The Police Department shall conduct an investigation of each applicant for taxicab, limousine or livery vehicle driver's license and a report of such investigation and a copy of the traffic and Police record of the applicant, if any, shall be attached to the application for the consideration of the Mayor and Board of Council.
[Ord. 6/20/90 § XIV]
The Mayor and Board of Council shall, upon consideration of the application and the reports and certificate required to be attached thereto, approve or reject the application. If the application is rejected, the applicant may request a personal appearance before the Mayor and Board of Council to offer evidence why his application should be reconsidered.
[Ord. 6/20/90 § XV; Ord. #016/05; Ord. No. 04-2018]
Upon approval of an application for a taxicab, limousine or livery vehicle driver's license, the Town Clerk shall issue a license to the applicant which shall bear the name, address, color, age, signature and photograph of the applicant. It shall be the responsibility of the applicant to provide two bust photographs of himself or herself without head covering, at least two inches by two inches. Photos must be of a frontal view of face and shoulders.
Such license shall be in effect until December 31 of the year in which it is issued unless suspended or revoked earlier. A license for every year thereafter shall issue upon the payment of $10 unless the license for the preceding year has been revoked.
[Ord. 6/20/90 § XVI]
Every driver licensed under this section shall post his driver's license in such a place as to be in full view of all passengers while such driver is operating a taxicab, limousine or livery vehicle.
[Ord. 6/20/90 § 17]
The Chief of Police is hereby given the authority to suspend any driver's license used under this section for a driver's failing or refusing to comply with the provisions of this section, such suspension to last for a period of not more than five days. The Chief of Police is also given authority to revoke any driver's license for failure to comply with the provisions of this section. However, a license may not be revoked unless the driver has received notice and has an opportunity to present evidence in his behalf.
[Ord. 6/20/90 § XVIII]
Every driver licensed under this section shall comply with all Town, State and Federal laws. Failure to do so will result in the Chief of Police suspending or revoking a license.
[Ord. 6/20/90 § XIX]
Every vehicle operating under this section shall be kept in a clean and sanitary condition according to rules and regulations promulgated by the Chief of Police.
[Ord. 6/20/90 § XX]
Each taxicab shall bear on the outside of each rear door, in painted letters not less than four inches nor more than 12 inches in height, the name of the owner; and, in addition, may bear identifying design approved by the Chief of Police. No vehicle covered by the terms of this section shall be licensed whose color scheme, identifying design, monogram, or insignia to be used thereon shall, in the opinion of the Chief of Police, conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle or vehicles already operating under this section in such a manner as to be misleading or tend to deceive or defraud the public; and provided further, that if, after a license has been issued for a taxicab hereunder, the color scheme, identifying design, monogram, or insignia thereof is changed so as to be, in the opinion of the Chief of Police, in conflict with, or imitate, any color scheme, identifying design, monogram, or insignia used by any other person, owner or operator, in such a manner as to be misleading or tend to deceive the public, the license of or certificate covering such taxicab or taxicabs may be suspended or revoked by the Chief of Police.
[Ord. 6/20/90 § XXI; Ord. #01-13]
No owner or driver of a taxicab shall charge a greater sum for the use of a taxicab in accordance with the following rates:
Distance Traveled
Maximum Charge
6 blocks or less
$4.50
7 blocks to 10 blocks
$5
10 blocks to 14 blocks
$5.50
14 blocks to 22 blocks
$6
22 blocks to 26 blocks
$6.50
26 blocks to 30 blocks
$7
30 blocks to 36 blocks
$7.50
36 blocks to 42 blocks
$8
42 blocks to 48 blocks
$8.50
48 blocks to 54 blocks
$9
54 blocks to 60 blocks
$10
60 blocks to 70 blocks
$12
70 blocks to 80 blocks
$13
For distances greater than 80 blocks the following set rates shall apply:
Guttenberg to:
Secaucus
Maximum $20
Jersey City
Maximum $30
Hoboken
Maximum $17
Fairview
Maximum $9
Cliffside Park
Maximum $12
Ridgefield
Maximum $12
Palisade Park
Maximum $15
Ridgefield Park
Maximum $20
Fort Lee
Maximum $15
Leonia
Maximum $20
Bogota
Maximum $20
Englewood
Maximum $25
Englewood Cliffs
Maximum $25
Hackensack
Maximum $30
New York City
Maximum $45
Newark Airport
Maximum $35
LGA Airport
Maximum $55
JFK Airport
Maximum $70
Owners or drivers of taxicabs shall be allowed to charge for tolls and reasonable gasoline surcharges.
Every taxicab operated under this section shall have a rate card setting forth the authorized rates of fare displayed in such a place as to be in view of all passengers in the cab. Nothing herein shall be deemed to prohibit an owner and/or operator of a taxicab from charging less than the above recited rates.
[Ord. 6/20/90 § XXII]
The driver of any taxicab, limousine or livery vehicle shall, upon demand by the passenger, render to such passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specifically prepared receipt on which shall be the name of the owner, license number or motor number, amount of meter reading or charges and date of transaction.
[Ord. 6/20/90 § XXIII]
It shall be unlawful for any person to refuse to pay the legal fare of any vehicles mentioned in this section after having hired the same, and it shall be unlawful for any person to hire any vehicle herein defined with intent to defraud the person from whom it is hired of the value of such service.
[Ord. 6/20/90 § XXIV; Ord. No. 07-2015]
a. 
Solicitation of Passengers by Driver. No driver shall solicit passengers for a taxicab, limousine or livery vehicle except when sitting in the driver's compartment of such taxicab or while standing immediately adjacent to the curb side thereof. The driver of any taxicab, limousine or livery vehicle shall remain in the driver's compartment or immediately adjacent to his vehicle at all times when such vehicle is upon a public street, except that, when necessary, a driver may be absent from his taxicab for not more than 30 consecutive minutes, and provided further that nothing herein contained shall be held to prohibit any driver from alighting to the street or sidewalk for the purpose of assisting passengers into or out of such vehicle.
b. 
Prohibited Solicitation. No driver shall solicit patronage in a loud or annoying tone of voice or by sign or in any manner annoy any person or obstruct the movement of any persons, or follow any person for the purpose of soliciting patronage.
c. 
Receipt and Discharge of Passengers on Sidewalk Only. Drivers of taxicabs shall not receive or discharge passengers in the roadway, but shall pull up to the right-hand sidewalk as nearly as possible or, in the absence of a sidewalk, to the extreme right-hand side of the road and there receive or discharge passengers, except upon one-way streets, where passengers may be discharged at either the right or left-hand sidewalk, or side of the roadway in the absence of a sidewalk.
d. 
Cruising. No driver shall cruise in search of passengers.
e. 
Solicitation of Other Common Carrier Passengers Prohibited. No driver, owner, or operator shall solicit passengers at the terminal of any other common carrier, nor at any intermediate points along any established route of any other common carrier.
f. 
Additional Passengers. No driver shall permit any other person to occupy or ride in any taxicab, limousine or livery vehicle unless the person first employing the taxicab, limousine or livery vehicle shall consent to the acceptance of an additional passenger. No charge shall be made for an additional passenger except when the additional passenger rides beyond the previous passenger's destination and then only for the additional distance so traveled.
g. 
Restriction on Number of Passengers. No driver shall permit more persons to be carried in a taxicab, limousine or livery vehicle as passengers than the rated seating capacity of his taxicab, limousine or livery vehicle as stated in the license for said vehicle issued by the Police Department. A child in arms shall not be counted as a passenger.
h. 
Refusal to Carry Orderly Passengers Prohibited. No driver shall refuse or neglect to convey any orderly person or persons, upon request, unless previously engaged or unable or forbidden by the provisions of this section to do so.
i. 
Prohibitions of Drivers. It shall be a violation of this section for any driver of a taxicab, limousine or livery vehicle to solicit business for any hotel, or to attempt to divert, engage in selling intoxicating liquors or solicit business for any house of ill repute or use his vehicle for any purpose other than the transporting of passengers.
j. 
Prohibition of Passengers. It shall be unlawful for the driver of any taxicab, limousine or livery vehicle to permit any person to ride on the outside of such vehicle while the same is in motion, and it shall be unlawful for any person to ride on the outside of such vehicle when the same is in motion.
k. 
It shall be unlawful for any driver of a taxicab to park and/or stand his/her taxicab in any restricted area, or any area which is controlled by parking meters, or at the curb within 15 feet of the entrance to any tavern as defined in Subsection 6-3.5b,1 of the Revised General Ordinances of the Town of Guttenberg.
[Ord. 6/20/90 § XXV]
All persons engaged in the taxicab business in the Town, operating under the provisions of this section, shall render an overall service to the public desiring to use taxicabs. Holders of certificates of public convenience and necessity shall maintain a central place of business and keep the same open 24 hours a day for the purpose of receiving calls dispatching cabs. They shall answer all calls received by them for services inside the Town limits as soon as they can do so and, if the services cannot be rendered within a reasonable time, they shall then notify the prospective passengers how long it will be before the call can be answered and give the reason therefor. Any holder who shall refuse to accept a call anywhere in the Town limits at any time when such holder has available cabs, or who shall fail or refuse to give overall service, shall be deemed a violator of this section and the certificate granted to such holder may be revoked at the discretion of the Mayor and Board of Council.
[Ord. 6/20/90 § XXVI]
Every driver shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin and destination of each trip and amount of fare. All such completed manifests shall be returned to the owner by the driver at the conclusion of his tour of duty. The forms for each manifest shall be furnished to the driver by the owner and shall be of a design approved by the Chief of Police.
Every holder of a certificate of public convenience and necessity shall retain and preserve in a safe place all drivers' manifests for at least the calendar year next preceding the current calendar year, and those manifests shall be available to the Chief of Police or his designated representative upon request.
[Ord. No. 6/20/90 § XXVII]
a. 
Every holder shall keep accurate records and receipts from operations, operating, and other expenses, capital expenditures, and such other operating information. Every holder shall maintain the records containing such information and other data required by this section at a place readily accessible for examination by the Chief of Police or his designated representative.
b. 
All accidents arising from or in connection with the operation of taxicabs, limousines, or livery vehicles within the territorial limits of the Town, which result in death or injury to any person, or in damage to any vehicle or to any property in an amount exceeding in the sum of $500 shall be reported within 24 hours from the time of occurrence to the Police Department in a form of a report to be furnished by the Department.
[Ord. 6/20/90 § 28]
Subject to the rules and regulations of the Chief of Police, it shall be lawful for any person owning or operating a taxicab, limousine or livery vehicle for hire to permit advertising matter to be fixed to or installed in or on such taxicabs, limousines or livery vehicles for hire.
[Ord. 6/20/90 § XXIX]
The Police Department is hereby given the authority to and is instructed to watch and observe the conduct of holders and drivers operating under this section. Upon discovering a violation of the provisions of this section, the Police Department shall, in addition to any other action taken, report the same to the Mayor and Board of Council, which may order or take further action as it may deem appropriate.
[Ord. 6/20/90 § XXXI]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. 7/11/1883 § I]
The Board of Council may, by resolution, license persons for the purpose of vending, hawking or peddling fish, fowl, fruit, vegetables, groceries, dry goods or any other articles or merchandise of whatsoever kind from wagons, carts or other vehicles or from baskets, packs or other means of carriage, and such license shall continue in force until the first Monday in September next succeeding the granting of the license, subject nevertheless, to being revoked by the Board of Council for just cause or complaint, and the Chairman of the Board is hereby empowered to suspend the party so complained of, until the next meeting of the Board of Council thereafter, from selling, vending or hawking under his or her license.
[Ord. 7/11/1883 § II; New; Ord. #19-11]
Each person applying for a license shall pay to the Town Clerk for each license the sum of $500. The Town Clerk shall keep a record of such license.
[Ord. 7/11/1883 §§ IV, V]
a. 
All vehicles used for the purpose of vending, peddling or hawking shall have on the sides thereof the name and address of the owner, in letters at least two inches in length painted clearly and distinctly on the vehicle and all persons peddling from baskets, packs or other means of carriage, shall exhibit his or her license upon demand by any Town official.
b. 
All vehicles used for the purpose of peddling, vending or hawking and not having the name and address of the owner painted or written as required in Subsection a above, shall be subject to the same penalty as provided for in Subsection 4-2.4 of this section for selling without a license.
[Ord. 7/11/1883 § III, VI]
a. 
No unlicensed person shall sell or offer to sell from any vehicle, or from baskets, packs, or other means of carriage in any streets or public places of the Town any fish, fowl, fruit, vegetables, groceries, dry goods, or any other articles or merchandise of whatsoever kind, under the penalty stated in Chapter 1, § 1-5 for each offense.
b. 
If any person having obtained a license as aforesaid shall lend or hire the same to any other person or lend or hire, or allow the use of his vehicle with the licensed person's name thereon for peddling purposes, each of them shall be liable to the penalty stated in Chapter 1, § 1-5 for each offense.
[Ord. #010-09]
The purposes of this section are to properly control mobile food handlers in order to prevent and discourage undesirable business practices; to help protect the public from fraud; to permit the activity regulated to a limited degree in consideration from the density of population, size of streets and public rights-of-way; and to promote the health, safety and welfare of the residents of the Town of Guttenberg.
[Ord. #010-09]
As used in this section, the following terms shall have the meanings indicated:
MOBILE RETAIL FOOD ESTABLISHMENTS
Shall mean any movable restaurant, truck, van, trailer, cart, bicycle or other movable unit, including hand-carried, portable containers in or on which food or beverage is transported, stored or prepared for retail sale or given away at temporary locations.
MOTOR VEHICLE
Shall mean as defined under New Jersey Motor Vehicle Laws, any vehicle propelled or drawn by mechanical or electrical equipment, such as but not limited to passenger cars, trucks, truck trailer, semi trailers, campers, motorcycles, minibikes, go-carts, snowmobiles, amphibious craft on land, dune buggies or racing vehicles.
PERSON
Shall mean an individual, partnership, corporation, trust, joint venture, association, society, church, congregation or other organization.
PUSHCART
Shall mean a vehicle or device used to carry, transport or convey merchandise or items which are the subject of this section.
SALE
Shall mean the act of selling, holding out for sale, exchange, transfer, advertising or delivery.
[Ord. No. 010-09; Ord. No. 20-2016; Ord. No. 27-2018; amended 2-25-2019 by Ord. No. 02-19]
No activity as defined in this chapter shall be conducted in the Town of Guttenberg except in compliance with the provisions of this chapter. It shall be unlawful for any person of whatever nature to conduct the activities, defined herein, unless they have been issued a license pursuant to this chapter. The number of licenses that may be issued and in effect during any twelve-month period shall not exceed six. No person, as defined in Subsection 4-3.2, shall be issued more than one license unless there are less than six individual applicants for that year.
[Ord. #010-09]
a. 
Application for such license shall be made in writing on a form to be provided by the Town of Guttenberg. It shall require that the applicant and every employee shall provide two photographs taken within 30 days of the application of a size of approximately 2 1/2 inches by 2 1/2 inches on thin paper having a light background clearly showing a frontal view of the applicant's face and his employee's face; one of which is to be attached or posted to the application.
b. 
Such application for license shall require that the applicant give the following information concerning himself or itself:
1. 
Name.
2. 
Specific address for the past five years.
3. 
Date and place of birth and citizenship.
4. 
Arrests or convictions at any time of any crime for disorderly offense or of any municipal ordinance or regulation.
5. 
Names and addresses of employers for the last five years and respective dates of employment.
6. 
Proposed location or locations for which such license is sought.
7. 
Description of all items to be sold.
[Ord. #010-09]
Each applicant and license shall each year, between August 1 and August 31, apply or reapply for the license by personally appearing at the Municipal Clerk's Office to certify or recertify to the information contained in their application. Where an applicant fails to appear and recertify, their name shall be removed from the lists of pending applications. All persons who presently have licenses shall be considered first for each license before any new applicant.
[Ord. #010-09]
Such application shall be made to and licenses issued by the Municipal Clerk of the Town of Guttenberg or his designee after investigation by the Town of Guttenberg Police Department.
[Ord. #010-09]
a. 
Each license issued by the Municipal Clerk shall set forth the specific food and beverage authorized to be sold, the location or locations for the same, the name of each employee or agent and the expiration date of the license.
b. 
No person shall engage in any activity, except those permitted under the license and at the locations specific therein. Upon granting of the license hereinabove mentioned, each licensee shall be required to prominently display said license on his person or on the vehicle employed to transact his business, in addition to a sign, in letters of at least two inches in length, printed clearly and distinctly with the name of the licensee.
c. 
No license may be transferred from one person or entity to another, and each person or entity must be licensed individually and separately.
[Ord. #010-09]
No licensee shall:
a. 
Engage in a business before 9:00 a.m. or after 8:00 p.m.
b. 
Transact business from its vehicle unless it is properly parked immediately adjacent to the curb of a public street in an area where and when parking is permitted. Furthermore, no licensee shall, at any time, double-park its vehicle while transacting business, nor transact business other than on the curbside of its vehicle, nor shall any licensee conduct its activity so as to interfere with pedestrians or vehicular traffic.
[Ord. #010-09]
a. 
No licensee shall park a vehicle overnight on any location within the Town of Guttenberg. If the licensee parks a vehicle overnight on private property for the purpose of continuing the business each day at the same location, then such licenses shall comply with all regulations, rules, statutes and ordinances pertaining to permanent retail food establishments.
b. 
No licensee shall have a permanent location within or upon a public road or right-of-way by reason of prior use.
[Ord. #010-09]
Every licensee shall be subject to the supervision of the Town of Guttenberg and its designated agencies in all provisions of this section, as well as the rules and regulations promulgated hereby, and all orders and regulations promulgated by the Town shall be enforced by such person or persons as the Town, by resolution or ordinance, may designate from time to time or who, by New Jersey State statute, may have the duty to so regulate.
[Ord. #010-09]
In addition to requirements herein set forth, the following regulations must be complied with by all mobile food handlers:
a. 
Due to the nature, location and variety of conditions surrounding the operation of each such establishment, it is frequently not possible to provide certain physical facilities required for permanent establishments. In order to assure adequate protection of food served by temporary establishments, mobile establishments and agricultural markets which are unable to meet fully the requirements of these regulations, it may be necessary to restrict the types of food sold or the methods by which served, to modify some requirements for procedures and facilities and to impose additional requirements.
b. 
The preparation of potentially hazardous foods, such as cream-filled pastries, custards and similar products and meat, poultry, and fish in the form of salads or sandwiches, shall be prohibited, provided that this prohibition shall not apply to hamburgers, frankfurters and other food which, prior to service, requires only limited preparation, such as seasoning and cooking; and provided, however that potentially hazardous food which is obtained in individual servings is stored in approved facilities which maintain such food at safe temperatures below 45° F. or above 140° F., and is served directly in the individual, original container in which it was packaged at a food-processing establishment, may be distributed or sold.
c. 
Ice which will be consumed or which will come into contact with food shall be obtained from a source meeting standards, approved by law in chipped, crushed or cubed form. Such ice shall be obtained in single-service, closed, protected containers satisfactory to the Department of Health authority and shall be held herein until used.
d. 
Wet storage of packaged food and beverages shall be prohibited, provided that wet storage of pressurized containers of beverages may be permitted when:
1. 
The water contains at least 50 parts per million of available chlorine or equivalent; or
2. 
The iced water is changed frequently enough to keep both the water and container clean.
e. 
Food contact surfaces of food preparation equipment such as grills, stoves and worktables shall be protected from contamination by dust, customers, insects or any other source. Where necessary, effective shields shall be provided.
f. 
Equipment shall be installed in such a manner that the establishment can be kept clean and food will not become contaminated.
g. 
An adequate supply of water for cleaning and hand washing be maintained in the establishment, and auxiliary heating facilities, capable of producing an ample supply of hot water for such purposes, shall be provided.
h. 
Liquid waste which is not discharged into a sewerage system shall be disposed of in such a manner as not to create a public health hazard or nuisance condition.
i. 
Adequate facilities shall be provided for employee hand washing. Such facilities consist of a pan, water, soap and individual paper towels. Hand washing facilities shall be provided for employee hand washing for mobile retail food service establishments where food products are directly handled and fabricated, but need not be provided for mobile units serving prepackaged foods, milk, cold sealed beverages and tea, coffee, hot chocolate or other hot drinks at temperatures above 140° F.
j. 
Floors shall be of tight wood or other cleanable material, provided that the Department of Health authority may accept dirt or gravel-covered floors, when graded to preclude the accumulation of liquids and covered with removable cleanable, wooden platforms or duckboards.
k. 
Walls and ceilings shall be so constructed as to minimize the entrance of flies and dust. Temporary construction may be accepted. Ceilings may be of wood, canvas or other materials which protect the interior of the establishment from the elements, and walls may be of such materials or of sixteen-mesh screening or equivalent. When flies are prevalent, counter-service openings shall either be equipped with self-closing, flytight doors or the opening protected by effective fans. Where fans are used for this purpose, the size of the opening shall be so limited that the fans employed will effectively prevent the entrance of flies.
l. 
No exposed fruits or vegetables shall be available for sale.
m. 
Any other requirement deemed necessary by the Department of Health to protect the public health in view of the particular nature of the food service operation shall be met.
[Ord. #010-09]
All mobile retail food establishments must, in addition to obtaining a license, be inspected and certified by the Guttenberg Board of Health Inspector. Such certification must be displayed to the public and renewed annually.
[Ord. No. 010-09; Ord. No. 20-2016; Ord. No. 27-2018]
The term and cost of each license issued under this section shall be for a term of one year and shall be renewed each September 1 at a fee of $400.
[Ord. #010-09]
The Governing Body of the Town of Guttenberg reserves the right to issue, at any time, the above mentioned mobile food handlers license to any mobile food handler for a one-day duration. Said mobile food handlers must meet all of the requirements as stated in the above sections. The fee for said one-day licenses shall be $50. All licenses issued for one day shall expire at midnight of the day issued.
[Ord. #010-09]
Any person, firm, corporation, partnership or other entity violating any provisions of this section or any rules and regulations promulgated by the Town pursuant hereto shall be punished by one or more of the following: a fine not exceeding $2,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days, in the discretion of the Judge before whom such conviction shall be heard. Each and every violation and nonconformance with this chapter on each day that any provision of this section shall have been violated shall be construed as a separate and distinct violation hereof.
[Ord. #21-10]
The Code of the Town of Guttenberg is hereby amended to add a new section, specifically § 4-4, entitled "Tattooing and Body Piercing," and providing as follows.
[Ord. #21-10]
APPRENTICE
Shall mean any person that performs the art of tattooing or body piercing under the direct supervision of a practitioner in order to learn body art procedures.
BODY ART
Shall mean the practice of physical body adornment in licensed establishments by operators utilizing, but not limited to, body piercing, tattooing and permanent cosmetics.
BODY PIERCING
Shall mean puncturing or penetration of the skin of a person using presterilized single use needles and the insertion of presterilized or disinfected jewelry or other adornment thereto in the opening. Such definition shall not apply to medical services performed by a licensed physician.
LEGAL GUARDIAN
Shall mean an individual who, by legal appointment or by the effect of written law, has been given custody of a minor or adult.
PRACTITIONER
Shall mean any person that performs the art of tattooing, permanent cosmetics and/or ear and body piercing.
TATTOOING
Shall mean any method of placing ink or other inert pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa.
[Ord. #21-10]
a. 
No person shall engage in the business of tattooing or body piercing, whether for compensation or not, operate any establishment where tattooing or body piercing is performed, whether for compensation or not, or tattoo or body pierce any person, whether for compensation or not, without complying with the requirements of this section, pursuant to local rules and regulations, as well as the regulations of the State of New Jersey, or regulations about to be adopted including the New Jersey Administrative Code at N.J.A.C. 8:27.
b. 
No person shall display a sign or in any way advertise or purport to be a body art practitioner or be engaged in the business of body art without first obtaining a license or permit for the facility from the department of health.
c. 
No person shall engage in the business of body piercing or tattoo or body art without first complying with the city zoning regulations set forth in Chapter 28, Zoning, of these Revised General Ordinances.
[Ord. #21-10]
a. 
Each applicant for a license must qualify each year for a body piercing license and shall pay an annual license fee as provided by the Governing Body prior to the issuance of a license to engage in body piercing.
b. 
Each applicant for a license must qualify each year for a tattooing license and shall pay an annual license fee as provided by the Governing Body prior to the issuance of a license to engage in tattooing of the body.
c. 
Each body piercing license and tattooing business license issued by the Town shall contain a registration number and no such license shall be transferable to another person or entity.
d. 
Licenses issued pursuant to the provision of this section shall be valid for 12 months from the date of issuance. No license will be issued for a subsequent year unless the licensee makes application for, and fully complies with, the provisions of this section.
[Ord. #21-10]
a. 
Tattooing.
1. 
Establishments. All tattooing establishments located within the Town shall be maintained in a clean, safe and sanitary manner, in compliance with practical municipal ordinance and local rules and regulations, as well as all rules and regulations of the State which shall be deemed applicable.
2. 
Procedures. All tattooing and other related procedures shall be carried out in a clean, safe and sanitary manner so as to minimize the danger of infection to the person being tattooed, including, but not limited to: operator scrubbing hands with surgical brush, warm water, soap and germicidal solution; the area of the customer to be tattooed, washed and sprayed with germicidal solution and the tattoo stencil cold sterilized with a germicidal solution.
3. 
Implements and Instruments. All instruments or other implements, including, but not limited to, needles used in connection with tattooing, shall be first sterilized by autoclaving at a minimum of 250° for a period of not less than one hour. Such autoclaving shall be done at the licensed premises.
4. 
Dyes and Solutions. No dye, solution, chemical, substance, material or any other thing shall be used in the application of tattoos to any person unless such solution shall be approved by the U.S. Food and Drug Administration or other appropriate agency of local, State or Federal government for tattooing purposes.
b. 
Body Piercing: Establishments and Equipment.
1. 
The room in which body piercing is done shall have an area of not less than 100 square feet. The walls, floors and ceiling shall have an impervious, smooth and washable surface.
2. 
A toilet shall be adjacent to the area where the body piercing is performed. The lavatory shall be supplied with hot and cold running water, soap and sanitary towels.
3. 
All tables shall be constructed of easily cleanable impervious material and shall be separated from waiting customers or observers by a panel at least four feet high.
4. 
The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair.
[Ord. #21-10]
a. 
No minor or incompetent may be tattooed without the written consent of his/her parent or legal guardian, and unless the parent or legal guardian is present with the minor at the time of the body art procedure.
b. 
No one who appears to be under the influence of a drug or alcohol shall be tattooed, and the record will so indicate.
[Ord. #21-10]
All persons engaged in the business of tattooing, whether for compensation or not, or who endeavor in any manner whatsoever to tattoo any person shall maintain, for a period of five years from the date of tattooing, records, which shall be sequentially numbered, containing the following information:
a. 
The date of tattooing.
b. 
The name, address and sex of the person tattooed.
c. 
The name and address of the person performing the tattoo operation.
d. 
The design, color or colors and location on the body of the tattoo.
e. 
The dye or substance used in the marking of the skin.
f. 
The method of tattooing used.
g. 
If the person tattooed is a minor, as defined by law, the name, address and relationship to the person tattooed of any person consenting to the tattooing operation on behalf of such minor, along with the consent. It shall not be a defense to any proceeding under this section for failure to maintain such record that the person requesting tattooing represented him/herself to be of legal age unless such representation shall be in writing, signed by the person to be tattooed and accompanied by a notation as to what means were used to obtain proof of age, provided the appearance of the person requesting tattooing was such that an ordinary prudent person would believe such person to be of legal age.
[Ord. #21-10]
a. 
Age. It shall be a violation for anyone to pierce any body part of an individual under 18 years of age without authorization signed by the parent or legal guardian and witnessed by the operator and unless the parent or legal guardian is present with the minor at the time of the body art procedure.
Competent proof of age shall be required to be shown with application for piercing.
b. 
Refusal. If the client's parents and/or legal guardians are suspected to be under the influence of alcohol, drugs or any other behavioral modifying substance, the operator must refuse the client.
c. 
Application. In addition to the requirements to locate and construct a body art establishment in the New Jersey Administrative Code at N.J.A.C. 8:27, any person desiring to engage in body piercing or tattooing shall apply to the Town Department of Health for such purpose. Such form shall be duly verified by the applicant. Separate applications and separate licenses will be required for body piercing and tattooing. The application shall set forth:
1. 
The name, permanent address and telephone numbers for the applicant.
2. 
The address and telephone number of the manager of the business, if different from the applicant.
3. 
If the applicant is a corporation, partnership, LLP or LLC, provide the name and address of its registered agent.
4. 
The full business name, business address and post office address of the proposed establishment.
5. 
Copy of the New Jersey Sales Tax Certificate.
6. 
If the applicant is a corporation, partnership or firm, the Federal Employer Identification Number (EIN), and the social security number if the applicant is a proprietorship.
7. 
A certification that the applicant is a citizen of the United States or, if not, is a holder of documentation authorizing the alien to be employed in the United States of America, such as an alien registration card issued by the United States Immigration and Naturalization Services (INS) or Form No. I-151, I-551, I-94 with an endorsement authorizing employment in the United States of America.
8. 
If the applicant is a partnership, firm or corporation, all information required by the application shall apply not only to the partnership, firm or corporation, but also to each officer, director or holder of 10% of the issued stock, if a corporation, and to all members of a partnership or firm.
9. 
Proof of general liability insurance equal to the amount of $1,000,000 of liability coverage for the applicant, operator and/or owner of the establishment; and proof of malpractice liability insurance equal to the amount of $1,000,000 for the applicant, operator and/or owner of the establishment. Such insurance policies shall name the Town as an additional insured. Proof shall include a certificate of insurance issued to the applicant by an insurance company licensed to do business in the State of New Jersey.
10. 
Each licensee performing piercing shall have completed a First Aid Certification Course sponsored by the American Red Cross, or equivalent agency. Each licensee shall possess a First Aid Certification.
11. 
The owner, operator, practitioner and apprentice shall provide proof of at least 12 months experience.
(a) 
The owner/operator proof shall include a signed statement from the previous employer, a business license, business records, purchasing records and one or more samples of the applicant's advertising.
(b) 
The practitioner proof shall include 1,000 hours of experience for piercing 2,000 hours of experience for tattoos, three certifications original signed statements from previous clients, the original photographs of piercing, tattoos and completion of a blood borne pathogen course.
(c) 
The apprentice proof shall include an established written apprentice program and the amount of hours completed in the apprentice program. An apprentice is required to complete 2,000 hours of direct supervision.
12. 
A written agreement from the applicant in a form approved by the Town's Corporation Counsel indemnifying and holding the Town harmless from any and all claims, losses, judgments or sums of money of whatsoever kind and nature arising in, from or in connection with the applicant's body art business.
d. 
Guidelines; Approval of Local Health Authority. Written guidelines shall be established for the care of the site after piercing and shall be approved by the local health authority. Each client shall receive a written copy of the guidelines for care of body piercing sites.
e. 
Proof of Immunity of Operator. Hepatitis B pre-exposure or proof of immunity is required for all body piercing operators who use needles. Any accidental needle stick injury shall be reported to the Health Department. If a person cannot obtain the vaccination for medical reasons, (s)he shall submit to the Health Department a letter from his/her physician certifying that the individual does not have Hepatitis B and the vaccination contraindicated.
f. 
Training Program for Operator. All body piercing operators shall attend a training program sponsored by the Health Department to assure basic knowledge of sterile technique and universal precautions.
[Ord. #21-10]
a. 
The operation of a body piercing establishment by the operator shall be carried out in a clean, safe and sanitary manner so as to minimize the danger of infection to the person being pierced, including, but not limited to:
1. 
Scrubbing hands with antiseptic and water.
2. 
Gloves being worn during the procedure.
3. 
Washing the area to be pierced with water and antiseptic liquid soap.
Requirements for the body piercing procedures shall be established by the Health Department and a copy shall be given to each licensee upon obtaining the annual license.
b. 
All instruments shall be sterilized and maintained in a sanitary manner. The sterilization shall include all instruments used for body piercing, which shall be steam sterilized before use on any customer. Needles shall be single use only. Other methods of sterilization shall be approved by the local Health Department. The proper procedures for sterilization and minimum guidelines for body piercing shall be set forth in the rules established by the Health Department.
c. 
The disposal of waste from this procedure shall be in accordance with the statutes, rules and regulations established for the disposal of medical wastes.
[Ord. #21-10]
All records and facilities of any establishment in which tattooing or body piercing is performed, whether for compensation or not, shall be open for inspection by the Town Health Officer, or such person designated by the Department of Health, with or without notice.
[Ord. #21-10]
No person or operator of any establishment or other place where tattooing or body piercing is performed, shall state, represent, warrant, advertise or imply to a customer, potential customers or to the public at large that the establishment is endorsed, regulated or approved by the Town, or any department thereof, or is conducted in compliance with the terms of this section.
[Ord. 2/45 § II; Ord. 3/15/82 § 1]
As used in this section:
AUTOMATIC AMUSEMENT GAMES
Shall mean and include all so called electronic video games, pin ball machines and all other types of amusement equipment or games, by whatever name known.
[Ord. 2/45 § I]
The operation of all automatic amusement games of the type commonly known and designated as bagatelle, baseball, or pin amusement games, or similar machines or devices, operated, maintained or used in any public or quasi-public place or in any building, store or other place where the public is invited, or wherein the public may enter, and particularly but not by way of limitation, all coin-operated automatic amusement devices, of the type commonly known as bagatelle games, baseball games or pin amusement games, or similar machines or devices, operated, maintained or used as aforesaid, may be licensed by the Town, and shall not be placed, operated, maintained or used within the Town without first having obtained a license for that purpose; provided, however, that no license shall be issued to any person who shall have been convicted of a crime, or a violation of any Town ordinance involving gambling, and provided further, that if a license has been issued and the person to whom it has been issued shall thereafter be convicted of a crime, or a violation of any Town ordinance involving gambling, said license shall immediately be revoked by the Town.
[Ord. 2/45 § IV]
A separate application for each machine shall be filed on a form to be furnished by the Town, which form shall show the name of the applicant, post office address, whether or not the person making the application has ever been convicted of a crime or a violation of any Town ordinance involving gambling, and such other information as the licensing committee shall deem necessary and proper, and the fee for the license shall be payable with the filing of the application. If the application is rejected, the fee is to be returned to the applicant. The License Inspector shall have sole discretion as to the applicant who shall receive a license. The license, when issued, shall be signed by the License Inspector and countersigned by the Town Clerk, and no license shall be issued without inspection by the Licensing Committee or such member thereof as may be designated by it to make such inspection.
[Ord. 2/45 § III; Ord. 2/19/45]
The license for the placing, operation, maintenance or use of such amusement devices or machines, mentioned aforesaid, shall be issued to and in the name of the proprietor of the premises wherein the machine is to be installed, and shall be issued for one year from the date of such issuance, and the fee for the issuance of a license shall be $50, for the period of one year, or any part thereof.
[Ord. 2/45 § V]
No device or machine as specified in this section shall be placed, operated, maintained or used, until the license issued by the License Inspector shall be affixed thereto, in a conspicuous place, so that the same shall be easily and quickly identified. The license shall, on its face, disclose the name and post office address of the licensee and the amount of money required to operate the machine or device, and shall briefly state that the machine or device to which the same is affixed, is licensed for operation by the Town.
[Ord. No. 2/45 § VI]
The holder of a license shall be permitted to transfer the license within the year for which it was issued to any other like machine operated in the same premises in place of the machine from which the license is transferred, the licensee, however, to immediately notify the License Inspector of such purpose and to communicate to him the type of machine.
[Ord. 2/45 § VII; Ord. 10/15/79 § 1]
No more than two machines or devices of any type shall be permitted to be used or operated in any one place, location or premises.
[Ord. No. 2/45 § VIII]
Any person who shall use, or permit to be used, any of the machines or devices licensed hereunder, for the purposes of gambling, shall be deemed to be guilty of a violation of this section and shall be liable, upon conviction, to the penalty stated in § 1-5.
[Ord. 2/45 § IX; Ord. 10/15/79 § 1]
Any person who shall knowingly permit a minor under the age of 16 years to play or operate any of the machines or devices licensed by this section shall be deemed to be guilty of a violation of this section and shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5. No premises shall be licensed within a radius of 200 feet of any school.
[Ord. 2/45 § X]
This section is enacted for the regulation and control of automatic amusement games of the type commonly known and designated as bagatelle, baseball or pin amusement games, or similar machines and devices.
[Ord. 2/45 § XI]
Any person or corporation violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. 3/15/82 § 2]
Guttenberg is one of the most densely populated communities in the State of New Jersey. As such, the concentration of large numbers of persons in any one location in the Town which is in close proximity to another location in the Town used for a similar purpose with similar congestion could lead to an endangerment of the public safety and welfare by reason of traffic, personal crowding, and parking congestion of the streets and traffic control facilities as well as increased noise, dirt, refuse and crowd control of the Town. In addition, the concentration of large numbers of persons in public amusement structures located closely together would create a threat to the safety and welfare of the occupants of these structures in the event of an emergent police, fire or safety condition requiring immediate simultaneous evacuation of those structures. The regulation of the proximity of locations of place of public amusement including, but not limited to mechanical device amusement centers, arcade centers, so-called family amusement centers, or places of similar activity, is necessary to promote and protect the health, safety, morals and general welfare of the population of the Town to limit noise, crowding, refuse and crowd control problems, pollution and traffic.
Licensing and regulating such places of public amusement within the Town is essential for the health, safety, welfare and protection of the citizens of the Town.
[Ord. 3/15/82 § 2]
As used in this section:
DISTRIBUTOR
Shall mean any person who leases or rents out or places under any kind or type of arrangement one or more automatic or mechanical amusement machines or devices designated in this section.
OWNER OR OPERATOR OR LESSEE
Shall mean any person who owns or operates individually or otherwise one or more of the automatic or mechanical amusement machines or devices designated in this section.
PERSON
Shall mean and include corporations, companies, associations, societies, firms, partnership and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporation.
PINBALL MACHINE, AUTOMATIC AMUSEMENT DEVICE, ELECTRONIC DEVICE AND VIDEO GAME OR SIMILAR MACHINE OR DEVICE
Shall mean any mechanical device or contrivance which, by means of the insertion of a coin, token, slug, pale, disc or other article into a slot, crevice, opening or attachment connected with or forming a part of any such device or contrivance, activates the operation thereof for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices known as pinball machines, computer games, electronic games and all games, machines, operations or transactions similar thereto under whatever name they may be indicated.
PLACE OF PUBLIC AMUSEMENT AND LICENSED PREMISES
Shall mean any place of public assemblage in which 20 or more persons gather for purposes of amusement or entertainment including but not limited to "game rooms", "arcades", ice skating rink, roller rink, discotheque or disco parlor and places of similar import, but excluding restaurants or other places where people gather for the predominant purpose of consuming food or beverages, and excluding any other type of use which is governed and regulated by existing municipal ordinance or State law.
[Ord. 3/15/82 § 2]
a. 
No person shall operate or conduct a place of public amusement as heretofore defined, without having first obtained from the Town a license to do so, and upon payment to the Town of an annual license fee of $300 per machine or mechanical device. Each license shall expire on February 1 of each year.
b. 
Distributor's license fee shall be $1,500 per year.
[Ord. 3/15/82 § 2]
Applications for license shall be filed with the Licensing Department of the Town setting forth the following information:
a. 
The name, address, age and occupation of the applicant.
b. 
Whether or not the applicant has ever been convicted of a crime or violation of a municipal ordinance involving gambling.
c. 
The address and exact location of the premises sought to be licensed, together with a sketch indicating the exact dimensions and layout of the proposed licensed area.
d. 
Whether the applicant is owner or lessee of the premises.
e. 
A brief sketch and description of the permanent entertainment facility to be installed at the premises, showing numbers of machines or mechanical devices to be installed.
f. 
In the event the applicant is a corporation or partnership, the application shall set forth the names and addresses of all persons interested in the application, the officers and stockholders of the corporation financing entities, and others with an interest; and whether or not any of such persons has ever been convicted of a crime or violation of a municipal ordinance involving gambling.
[Ord. 3/15/82 § 2]
a. 
All such applications shall be accompanied by the appropriate license fee as hereinabove set forth, together with a set of fingerprints of any person to be employed on the premises or having an interest therein, whether as owner, lessee, operator, manager or in any other capacity, however employed. In the event that such application shall be made by a corporation or partnership, the fingerprints shall be submitted by each partner, officer and director, and financing entity, thereof. Such application shall be submitted to the Mayor and Board of Council to grant or deny the same by the adoption of an appropriate resolution at the earliest regular meeting of the Mayor and Board of Council; provided, however, the Licensing Department shall first direct the application to be thoroughly investigated by the Chief of Police and the Fire Chief. The results of such investigation by each of the departments shall be made in writing, together with a recommendation or approval or disapproval, as the case may be, and submitted to the Mayor and Board of Council for its consideration.
b. 
Any application which fails to conform to the requirements of this section or which contains any misrepresentations shall constitute sufficient grounds for the denial of the application, or should it appear that any applicant or member of an applicant firm or corporation, as herein set forth, has been convicted of a crime or a violation of a municipal ordinance involving gambling, a license shall likewise be denied to such applicant.
[Ord. 3/15/82 § 2]
a. 
Each license shall entitle the licensee to conduct the licensed business only at the location designated in the license and shall not be transferable either as to person or premises, without application therefore addressed to the Licensing Department in like manner as the application for an original license.
b. 
A license shall not be transferable from person to person nor from place to place, and shall be maintained only at the place and by the person designated in the license.
[Ord. 3/15/82 § 2]
a. 
The license herein provided for shall be posted permanently and conspicuously at the location of the machine in the premises wherein the device is to operate or maintained to be operated.
b. 
Such license may be transferred from one machine or device to another similar machine at the same location after application and approval by the Director of the Department of Public Safety to such effect and the giving of the description and the serial number of the new machine or device. Not more than one machine shall be operated under one license and the applicant or licensee shall be required to secure a license for each and every machine displayed or operated by him.
[Ord. 3/15/82 § 2]
Application for renewal of license shall be made with the Licensing Department no later than January 1 of each year accompanied by the required annual fee made payable to the Town.
[Ord. 3/15/82 § 2]
a. 
The license may be suspended or revoked by the Mayor and Board of Council for violation of any of the terms and provisions of this section or for any other just and good cause; provided the licensee is likewise served with notice of charges and given an opportunity to be heard.
b. 
In the event any license is suspended or revoked, the licensee shall not be entitled to the return of any portion of the license fee.
[Ord. 3/15/82 § 2]
Any premises which shall be declared to be unsafe or a fire hazard by the written report of the Fire Department and fail to meet the requirements for issuance of Certificate of Occupancy shall be deemed to be ineligible for a license.
[Ord. 3/15/82 § 2]
a. 
This section shall not apply to any premises for which a retail plenary liquor consumption license has been theretofore issued, any duly incorporated social club or association, religious, charitable, benevolent, or non-profit association or corporation or fraternal organizations having a membership in excess of 100 members. (Except that all such organizations as described aforesaid must be bona fide in character and not intended or created for the purposes of evading or defeating the regulations prescribed by this section.) Such religious, charitable or other nonprofit organizations shall be required, however, to comply with the terms of this section in all other respects.
b. 
This section shall not apply to any social event in a private residence provided that no fee or cost, direct or indirect, is charged for same.
c. 
This section shall not apply to events or amusements sponsored or conducted by the Town.
[Ord. 3/15/82 § 2]
No premises licensed under the terms of this section shall be operated unless there is in force a public liability insurance policy to cover any injuries suffered as a result of the operation of the licensed premises in the amount of not less than $100,000 for any one occurrence and not less than $50,000 for injury to any one person and including a clause to the effect that the policy cannot be canceled during the license year without notification being given to the Town.
[Ord. 3/15/82 § 2]
The hours of operation of such licensed premises shall be between 9:00 a.m. and 11:00 p.m. except Friday and Saturday evenings of each week, on which evenings the licensed premises may remain open until 12:00 midnight. However, children under the age of 16 years will be forbidden to loiter in such premises or patronize same or play the machines. Children ages 16 to 18 shall be forbidden by licensee, his agents, servants, or employees, to play any video or other mechanical devices or games between 9:00 a.m. and 3:30 p.m. when public or parochial schools are in session.
[Ord. 3/15/82 § 2; Ord. #007/01]
a. 
Each existing place of public amusement shall be required to comply with this section in the event it seeks to expand its present building or structure to accommodate more than 10 persons in excess of its present assembly capacity on the effective date of this section.
b. 
Each existing place of public amusement which shall seek to relocate its activities to another location in the Town or acquire additional sites or locations within the Town shall be required to comply with this section. In the event of additional sites or locations, the requirements of this section shall only apply to the new site or location.
c. 
Each person or entity seeking to establish a new place of public amusement in a building or structure not heretofore authorized or licensed by the Town for this activity shall be required to comply with this section.
d. 
Each place of public amusement shall provide private off-street parking facilities of one car space nine feet wide and 20 feet in length for every five persons or fraction thereof who shall be able to be accommodated in the structure at any single assemblage (i.e., if the structure is determined to accommodate 100 persons, then there shall be 20 off-street private parking facilities), and the parking facilities shall be located in the Town.
e. 
The off-street private parking facility required in Subsection d shall be located within a two block radius from the site of the place of public amusement.
f. 
A place of public amusement which is not presently located in a structure which is presently licensed for that purpose by the Town shall be prohibited from locating within a 1/4 mile radius of any other place of public amusement as hereinbefore defined.
g. 
The appropriate officials of the Town shall file with the License Inspector a schedule listing the name and address of each place of public amusement located within the Town and listing the number of persons which can presently congregate in the structure on any single occasion in compliance with fire safety and health standards codes.
h. 
(Reserved)
i. 
Each and every mechanical machine or device shall be located at least 20 feet from any entrance or exit so that it does not interfere or obstruct the free and unfettered passage of patrons, invitees or users of the game room.
[Ord. 3/15/82 § 2]
No person under the age of 18 years shall be employed in a licensed premises.
[Ord. 3/15/82 § 2]
Proof of gambling in any licensed premises shall constitute sufficient reason for the revocation of such license by the Mayor and Board of Council; provided, however, that not less than five days' written notice of hearing shall have been served upon the licensee, either in person or by certified mail, return receipt requested, and after the licensee shall have been afforded an opportunity to be heard in his defense.
[Ord. 3/15/82 § 2]
No licensee, or any agent or employee of a licensee, shall allow, suffer or permit or cause to be allowed, suffered or permitted;
a. 
Any gambling in any form in or at the licensed premises.
b. 
Any intoxicated or disorderly person to be admitted to the licensed premises or to remain therein.
c. 
Any entrance or exit to be locked during legal hours of operation.
d. 
Any persons on licensed premises, other than during the hours set forth herein, excepting those directly operating or employed in the licensed premises.
e. 
Any activity upon the licensed premises which is or may be detrimental to the public health, safety, welfare or morals, or otherwise unlawful.
f. 
Any person to cause noise or loudness of such nature as to disturb the peace and quiet in, upon, and around the licensed premises.
[Ord. 3/15/82 § 2; New]
a. 
Any person, corporation or other entity violating this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
b. 
Each violation shall constitute a separate offense.
[Ord. #005/05]
As used in this section, the following terms shall have the meaning indicated:
COMPUTER
Shall mean a machine consisting of a processor, storage medium, monitor and input devices, such as mouse, keyboard and/or joystick, with software to control the machine and allow for various programs to reside on such system.
OPERATOR
Shall mean any person who owns, leases, rents operates any public access computer center on or at which any public access computer is kept, placed or exhibited for use or operation by the public.
PERSON
Shall mean any individual, firm corporation, partnership, association or entity.
PREMISES
Shall mean any building, business, store, restaurant, tavern or other place to which the public is invited or may enter.
PUBLIC ACCESS COMPUTER
Shall mean any computer for which payment of any price is rendered to allow access to software programs and/or to the internet or may be operated by the public generally.
PUBLIC ACCESS COMPUTER CENTER (PACC)
Shall mean any premises having three or more public access computers.
SERVER
Shall mean any computer used to administer public access computers.
[Ord. #005/05]
a. 
No person shall keep, place or exhibit any public access computer for use or operation by the public on or at any premises without first obtaining an operator's license for said premises.
b. 
Application.
1. 
The application shall contain the following information:
(a) 
The name, date, home address and business address, home telephone number and business address and telephone number of the applicant.
(b) 
The name, address and telephone number of the registered agent of the applicant or person upon whom service of process is authorized to be made.
(c) 
The number and nature of machines to be maintained at each location.
2. 
The application may be made, and the license may be approved subject to the applicant obtaining a valid Certificate of Occupancy (CO) issued to the present owner/occupant by the Office of Code Enforcement of the Town of Guttenberg. The Town Clerk will not issue the license to the applicant until such a valid CO is provided to the Clerk.
3. 
The licensing fee for the number of computers indicated in the application will be submitted upon presentation of the application and will be refunded should the application be denied.
c. 
The person operating the premises where the machine is located shall be liable and responsible for the proper operation thereof, regardless of whether or not he/she is the actual owner of the machine or has rented the same, but this shall not in any way release the actual owner of the machine or device from liability or responsibility for violation of this section or any ordinance of the Town of Guttenberg.
d. 
No operator's license shall be transferable from operator to operator nor from place to place by an operator of public access computers. It shall be valid only at the location and by the operator designated in the license.
[Ord. #005/05]
a. 
A public access computer center is required to implement rules and regulations to prevent users from violating Federal, State and/or local laws and to prohibit minors from accessing gambling or pornographic sites. Said rules and regulations shall be posted conspicuously in the public access computer center, and patrons will be required to sign an acknowledgement of receipt of the rules and regulations prior to their use of said facility. If the patron is a minor, then said acknowledgement shall be signed by the minor's parent or guardian.
b. 
Public access computer centers shall be required to monitor each user's Internet use to insure that the user is not violating any of the rules and/or regulations established by the public access computer center and to enforce the same.
[Ord. #005/05]
a. 
The operator shall not permit, suffer or allow any person to be or gamble in any form or manner on the licensed premises and shall prevent any immoral or illegal conduct or activity from occurring.
b. 
No operator shall knowingly permit, suffer or allow the unlawful sale or consumption of alcoholic beverages upon the licensed premises.
c. 
No operator shall permit the operation of any public access computer between 1:00 a.m. and 6:00 a.m.
d. 
The operator shall at all times maintain good order upon the licensed premises and shall not permit, suffer or allow any disturbance, congestion or loitering upon the licensed premises.
e. 
No device shall be operated in such a manner as to be heard outside the public access computer center.
f. 
No song shall be played or words spoken on any device in a public access computer center, which violates the obscenity statutes of the State of New Jersey, including but not limited to N.J.S.A. 2C:34-1 et seq.
g. 
No device in a public access computer center shall be permitted to cause any unnecessary or unwanted noise or commotion nor otherwise interfere with the public health, welfare and morals.
h. 
Licensee may organize competitions for accomplishing a skill level with programs offered on the public access computers. These may in no way be games of chance or involve gambling of any kind.
i. 
No public access computer shall be located in a back room nor in any part of the licensed premises which is not open to the general public.
j. 
No licensee nor any of his/her agents, officers or services shall by threats, promises or intimidation seek to control or direct the placement or removal of any device or to control the placement of any such device from any location within Town of Guttenberg, and any such threats, promises or intimidation shall be reported immediately to the Police Department and to the Town Clerk.
k. 
No licensee shall neglect or fail to report promptly to the Police Department and Town Clerk any violation of any law or ordinance occurring on the licensed premises, nor shall any licensee neglect or fail to report promptly to the Town Clerk any conduct or activity prohibited by this chapter.
l. 
Each licensee or operator shall promptly report, in writing, to the Town Clerk any change or addition or deletion of the information furnished on the license application and all material attached thereto, and this obligation shall be a continuing obligation during the term of any license or the renewal thereof.
m. 
No licensee shall refuse to cooperate fully with all Town officials or any law enforcement officer or agency, nor shall any such licensee, operator and/or owner-operator refuse to produce and make available all records relating to the purchase or distribution of such devices. No such licensee and/or operator shall refuse access to its premises to the Town Clerk nor to any member of the Departments of Police, Fire, Health or Housing, nor to any law enforcement officer or agency. All public access computers licensed by the Town of Guttenberg must be available at all times during licensure for hard drive inspection by an authorized representative of the Town Clerk. No public access computer shall be fastened, locked or secured in such a manner that the licensee or person in charge of the licensed premises cannot immediately provide access to the hard drive and directories of said machine upon the request.
n. 
Aisles and exit corridors in a public access computer center shall be maintained in accordance with the Building and Fire Codes of the Town of Guttenberg.
[Ord. #005/05]
a. 
Each license, when issued, shall designate the number of public access computers operated on the premises.
b. 
The licensee shall supply to the Town Clerk the serial numbers or other identifying information regarding the public access computers located on the premises.
c. 
All license fees shall be paid to the Town Clerk prior to the issuance of the license, and all licenses issued hereunder shall be issued for a term of one year commencing on July 1 and expiring on June 30 next following.
d. 
Each license issued shall be posted prominently and conspicuously in the licensed premises.
e. 
Public access computers may be added to the PACC upon application to the Town Clerk and submission of appropriate fees as established in Subsection 4-7.6.
[Ord. #005/05]
The fee schedule for this section shall be on an annual basis the payment to the Town of $125 for the first computer and $25 for each additional computer in the Public Access Computer Center.
[Ord. #005/05]
Every license issued hereunder is subject to revocation if any of the following occur:
a. 
The violation of any of the provisions of this section.
b. 
Any misstatement or omission in the license application or in any information submitted therewith or the failure to notify in writing the Town Clerk of any changes by addition or deletion or amendment to said application or information during the term of said license or renewal.
c. 
A license issued pursuant to this section may be revoked by the Mayor and Council after a hearing. The licensee shall be given 10 days' notice of said hearing, and such notice shall state the ground or grounds for the revocation of the license. At such hearing, the licensee may submit relevant information on his behalf. The rules of evidence shall not apply to such hearing; however, the licensee and the Town officials shall be afforded the opportunity to present testimony and/or documents in support of their respective positions. Any appeal from the decision of the Mayor and Council shall be to the Superior Court of New Jersey.
[Ord. #005/05]
No license under this section shall be issued to any applicant who is under 21 years of age.
[Ord. #005/05]
The owner of any premises in which a license for one or more public access computers is required shall be required to keep on file each application for a license. Such information shall be kept on file in an orderly fashion in a location known to all owners of said premises and personnel who are employed in said premises. Upon request by any law enforcement official of the Town of Guttenberg, any owner of said premises or any employee at said premises shall furnish such information to said law enforcement official.
[Ord. #005/05]
Every person seeking licensure hereunder shall comply with all State statutes, municipal ordinances and regulations prior to receiving a license or licenses hereunder.
[Ord. #005/05]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. 2/1/60 § 1]
As used in this section:
LAUNDROMAT AND LAUNDERETTE
Shall mean any commercial establishment within the Town where the washing and/or drying of wearing apparel or other textiles or laundry is done by the customer directly or where such washing and/or drying is done by employees of the establishment and the articles washed and/or dried are taken away by the customers and shall apply to such establishments whether the laundry is automatic or semi-automatic and coin-operated or operated by employees of the establishment, but shall not apply to residential buildings where coin-operated machines are supplied for the convenience of residents only of the building.
[Ord. 2/1/60 § 1]
a. 
The inspection, licensing and regulation of such establishments as respects fire hazards shall have particular regard, among other things, to the installation and operation of such establishments and the equipment therein with respect to fire safety and prevention including adequacy of electrical wiring and safe operation to eliminate and prevent the likelihood of fire and to promote the discovery and combating of fire and fire hazards.
b. 
The inspection, licensing and regulation of such establishments as respects public safety hazards shall have particular regard, among other things, to the installation and operation of such establishments and the equipment therein with respect to public safety of all persons lawfully within such establishments at any time from any hazards to safety as regards the operation of the equipment therein or other hazards or dangers growing out of the establishment and operation of such business and the prompt discovery of injury and the promotion of prompt assistance to injured or threatened persons therein.
c. 
The inspection, licensing and regulation of such establishments as respects health hazards shall have particular regard, among other things, to the installation and operation of such establishments and the equipment therein with respect to the prevention of all dangers or hazards to health and the prevention and suppression of conditions of uncleanliness, odor, vibration, noise, the possible spreading of disease and the promotion of prompt discovery, elimination and alleviation of all matters or things affecting the health of the neighboring premises and the community, including customers and employees of the establishment.
d. 
The inspection, licensing and regulation of such establishments as respects law enforcement hazards shall have particular regard, among other things, to the installation and operation of such establishments and the equipment therein with respect to the prevention of crime and disorderly conduct in and about the premises, particularly the protection of women and children in and about the premises, be they customers or employees and the prompt discovery and the protection against all threatening crime and disorderly conduct and the promotion of effective police action in the event of same. Each such establishment shall be so physically arranged as to afford adequate lighting throughout and a clear, unobstructed view of the entire premises from the nearest street on which the premises abut.
[Ord. 2/1/60 § 2]
It shall be unlawful for any person to establish, maintain, operate or use in any place where the public is invited any laundromat or launderette without first obtaining a license for the premises and the washing machines and drier machines therein from the Board of Health as hereinafter provided.
[Ord. 2/1/60 § 3; Ord. #20-11]
Licenses shall be applied for upon application showing the name of applicant and all partners and stockholders with their resident addresses; the location of the premises to be licensed; the number of machines to be licensed, and such other information as the Board of Health may deem necessary under the standards above set forth with respect to fire, safety, health and law enforcement hazards which license or renewal thereof shall be for one year and shall expire on July 1 of each year. A license fee of $250 plus $25 for each machine to be licensed, whether it be a washer or a drier, shall accompany each application for license or renewal, payable upon filing of application.
[Ord. 2/1/60 § 8]
The Health Department or its duly authorized agent may suspend or revoke any license issued hereunder for a violation of any of the provisions hereof or any regulation or order of the Board of Health made to expedite or perform or carry out the provisions of this section, provided the licensee shall have notice of such rule or regulation or of the violation for which the license is to be revoked, in which case the licensee shall be given an opportunity to show cause to the Board of Health why the license should not be suspended or revoked or that the violation has been corrected. Any licensee whose license has been suspended or revoked may appeal such suspension or revocation to the Mayor and Board of Council for review at which the Mayor and Board of Council may affirm, modify or reverse the findings and action of the Board of Health. The Board of Health shall have the power to promulgate such rules and other regulations as may be necessary to effectuate and enforce the performance of this Ordinance with respect to all of the hazards and other matters provided for herein.
[Ord. 2/1/60 § 4]
All places used as laundromats or launderettes shall conform to the Sanitary Code and Uniform Construction Code of the Town and other relevant State and local ordinances as determined by prior inspection and approval of the Guttenberg Board of Health. Also required prior to approval shall be favorable report of the Fire Department and Police Department under the above standards. Inspection and approval shall be a condition precedent to the issuance of any license or renewal thereof.
[Ord. 2/1/60 § 5]
No laundromat or launderette shall be conducted in any building devoted exclusively to any residential occupation or use except that the washing, laundering and drying facilities may be used provided same are for the sole convenience and services of bona fide residents of that building without services to any other member of the public. Such facilities in residential buildings shall be established, maintained, operated and used, as near as may be, to the conditions and regulations set forth under this ordinance but licenses therefor shall not be required.
[Ord. 2/1/60 § 6]
No laundromat or launderette shall be open for business between the hours of 11:00 p.m. and 7:00 a.m., prevailing time, unless the owner or operator of the business shall employ and have continuously present on the premises during the hours a person familiar with the operation of all equipment upon the premises.
[Ord. 2/1/60 § 7; New]
No laundromat or launderette shall operate at anytime unless the license is posted in a conspicuous place upon the premises and unless the name, address and telephone number of the owner or operator or of a duly authorized agent of the owner or operator who may be contacted in an emergency is conspicuously posted on the premises and this information is kept on current file with the Police and Fire Departments.
[Ord. 2/1/60 § 9]
Any person violating the provisions of this section or failing to do any matter or thing that is required under this section shall be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. #16-13]
As used in this section, the following terms shall have the meanings indicated:
MASSAGE PARLORS
Shall mean any business offering the activity of structured touch which includes holding, applying pressure, positioning and mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, auditory and palpating skills to assess the body for purposes of applying therapeutic massage, body work or somatic principals. Such application may include the use of therapy such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, external application of herbal or topical preparations not classified as prescription drugs, explaining and describing miofascial movement, self-care and stress management as it relates to massage, body work and somatic therapies. Massage, body work and somatic therapy practices are designed to affect the energetic systems of the body for the purpose of promoting and maintaining the health and well being of the client. Massage, body work and somatic therapies will not include the diagnosis or treatment of illness, disease, impairment or disability.
[Ord. #16-13]
a. 
It shall be unlawful to operate any massage parlor in the Town of Guttenberg, County of Hudson, State of New Jersey, without first obtaining a license therefor. The owner of a massage parlor desiring a license shall make written application to the Municipal Clerk of the Town of Guttenberg, County of Hudson, State of New Jersey, setting forth the name of the applicant, location of the places sought to be licensed, whether or not the applicant is registered by the New Jersey State Department of Health and any other facts which the Municipal Clerk may consider pertinent. Each such application shall forthwith be transmitted to the Health Officer of the Town of Guttenberg for investigation and the Health Officer shall within 30 days thereafter, endorse its approval or disapproval or additional questions on the application. Upon approval by the Health Officer, the license to operate massage parlor shall be issued by the Municipal Clerk. There shall be a paid fee for each license as established by the Town of Guttenberg fees which sum will accompany the application, and be returned if the license is not granted.
b. 
Any application which fails to conform or to comply with the requirements of this section or which contains any misrepresentations shall constitute sufficient grounds for the denial of the application and any license which may be issued with an intentional misrepresentation contained in the application shall be subject to suspension or revocation in addition to penalties hereinafter mentioned.
c. 
Each such license shall become effective January 1 of any given year and will be renewable by mail annually.
d. 
Annual Fee. The applicant shall pay a $500 fee upon filing an initial application for the operation of a business engaged in providing massage therapy services and any individual applicant (as opposed to a business entity) who wishes to be licensed for massage therapy purposed under this section shall pay an initial application fee of $100. All licenses shall be valid for a period of one year and may be renewed for additional one-year period upon the filing of a new application which must comport with the requirements of this section. All provisions of this section, including the requirement of filing fees, shall apply to renewals in the same manner as they apply to applications for initial licenses,
e. 
These licenses are not transferable.
f. 
It shall be unlawful for any person to engage in the massage and/or somatic therapy business without a license pursuant to this subsection, in violation of any requirement set forth in this section.
g. 
No person shall be engaged or employed (every business entity and each person employed by that entity or performing massage therapy services at the business location of that entity shall be required to obtain a license pursuant to this section) in the Town of Guttenberg as a massage or somatic therapist for which any form of compensation is charged or accepted, without first obtaining a license from the Municipal Clerk of the Town of Guttenberg. The license, when issued, shall be personal and shall not be constructed or construed to grant a Certificate of Occupancy or approval for the use of any premises or location for the provision of massage therapy services.
h. 
Requirements for Massage Parlor Licenses. A license shall not be issued to a business entity or person unless he/she/it meets the following conditions:
1. 
Owners, corporate officers, partners, limited liability members submit a completed application as required by this section.
2. 
Is at least 18 years of age.
3. 
Is licensed/certified pursuant to N.J.S.A. 45:11-53 et seq. (the Massage, Body Work and Somatic Therapy Certification Act) and regulations promulgated thereto.
4. 
Submits a certification in lieu of licensure pursuant to that Act.
5. 
Submits a certification from a duly licensed physician of the State of New Jersey stating that the applicant is free from contagious and communicable disease, dated within 30 days of the date of the application.
6. 
Applicant submits three recent photographs that shall be approximately two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner. Each applicant shall be fingerprinted by the Director of Public Safety or his designee and shall undergo a background check by the Police Department, which cost shall be borne by the applicant. The applicant completes an application in a form maintained on file with the Municipal Clerk, Town of Guttenberg.
7. 
The applicant has not been convicted or pled guilty to violating any provisions of the Criminal Code included in N.J.S.A. 2C:34-1 et seq. and/or N.J.S.A. 2C:14-2 or their equivalent in another jurisdiction.
8. 
Has not made a false statement in connection with an application for licensure under this section.
[Ord. #16-13]
Every owner of a massage parlor upon request of the Board of Health shall furnish to the Health Officer the names and addresses of any person, firm or corporation supplying them with any item that is used in its establishment for the purpose of enabling the Health Officer to examine the sanitary and hygienic conditions under which said materials are handled.
[Ord. #16-13]
Every massage parlor upon request of the Health Officer shall contain hot and cold running water.
[Ord. #16-13]
It shall be unlawful to wash or dry in the licensed premises any towels that were used or that have come into contact with a patron. It shall be unlawful to use covering cloths on more than one person successively, except when either a clean towel or a paper neck is applied next to the skin between each covering cloth and the skin to prevent contact of the skin with such covering cloth.
[Ord. #16-13]
All massage parlors shall have a sign not less than 18 inches wide by 16 inches long on which shall be prominently stated the hours of the premises. The said sign shall be displayed in such a manner that all persons frequenting the said location shall have an unobstructed view thereof.
[Ord. #16-13]
a. 
The Health Officer or his/her designee shall enter said premises at any time with no advance warning. The premises must be inspection ready at all times. The Health Officer, Public Health Investigator, Guttenberg Police Department are the other authorities that may enter said premises for complaints or general inquiries. All findings will be reported to the Health Officer as soon as possible.
b. 
Each massage parlor will be inspected at least one time annually, where a certificate of inspection (pass or fail) will be posted. This certificate must be posted in clear view of all patrons entering said locations.
c. 
At which time an inspection is made and it is found to be of unsatisfactory condition, it will put the said location on notice and schedule a reinspection and a reinspection fee of $40 will be charged.
[Ord. #16-13]
All licenses issued by the Municipal Clerk must be posted and available to all patrons entering said location. In the locations where there is additional licensing (by the State of New Jersey), all individual licenses of operators and owners must be posted at the said premises and must be valid. (The personal information that is on the license may be blocked out, but must be accessible to the inspecting individual.)
[Ord. #16-13]
In the event that any applicant for a license shall have been refused a license or in the event that any license shall have had his/her license revoked or suspended by the Health Officer, said person shall have the right and privilege to appeal from such refusal to grant license or suspension or revocation of license to the Municipal Clerk of the Town of Guttenberg provided however that not less than 14 days' written notice of such appeal shall have been served upon the Municipal Clerk either in person or registered mail return receipt requested and a date of hearing before the Municipal Clerk shall be fixed no later than 30 days after the receipt of said notice of appeal. Thereupon the Municipal Clerk shall notify said person of the place, date and time of hearing.
[Ord. #16-13]
Any massage parlor that violates any part of this section shall be fined as follows and be paid within 10 days of said violation.
1st offense
$100
2nd offense
$250
3rd offense
Not more than $500 (3rd violation requires a review meeting with the Health Officer)
If licensee fails to correct any violation within the given time period, the license may be revoked until such corrections are made.
[Ord. #16-13]
A licensee shall not perform:
a. 
Colonic irrigation;
b. 
Prostate massages;
c. 
Vaginal or penile massages;
d. 
Decongestive therapy;
e. 
Manual lymph drainage used as part of decongestive therapy;
f. 
Animal therapies prohibited by the Veterinary Medical Act, N.J.S.A. 45:16-1 et seq.;
g. 
Any application of electrical current to the body;
h. 
Ultrasound therapy; and
i. 
Treatment or diagnosis of illness, disease, impairment or disability.
[Ord. #16-13]
It shall be unlawful for any licensee to operate any establishment as a massage parlor or any similar type business where any physical contact by the licensee or any employee of the licensee is provided resulting in sexual misconduct. Sexual misconduct shall be defined as follows:
a. 
The purpose of this subsection is to identify licensee's conduct which shall be deemed sexual misconduct.
b. 
As used in this subsection, the following terms have the following meanings unless the context clearly indicates otherwise:
CLIENT
Shall mean any person who is the recipient of massage, bodywork or somatic therapy.
CLIENT-THERAPIST RELATIONSHIP
Shall mean a relationship between a licensee and a client wherein the licensee owes a continuing duty to the client to render massage, bodywork or somatic therapy services consistent with his or her training and experience.
SEXUAL CONDUCT
Shall mean the knowing touching of a person's body directly or through clothing, where the circumstances surrounding the touching would be construed by a reasonable person to be motivated by the licensee's own prurient interest or for sexual arousal or gratification.
SEXUAL CONTACT
Shall mean and include, but is not limited to, the imposition of a part of the licensee's body upon a part of the client's body, sexual penetration, or the insertion or imposition of any object or any part of a licensee or client's body into or near the genital, anal or other opening of the other person's body. "Sexual contact" does not include the touching of a client's body which is necessary during the performance of a generally accepted and recognized massage, bodywork or somatic therapy procedure.
SEXUAL HARASSMENT
Shall mean solicitation of any sexual act, physical advances, or verbal or nonverbal conduct that is sexual in nature, and which occurs in connection with a licensee's activities or role as a provider of massage, bodywork or somatic therapy services, and that either: is unwelcome, is offensive to a reasonable person, or creates a hostile workplace environment, and the licensee knows, should know, or is told this; or is sufficiently severe or intense to be abusive to a reasonable person in that context. "Sexual harassment" may consist of a single extreme or severe act or of multiple acts and may include, but is not limited to, conduct of a licensee with a client, co-worker, employee, student or supervisee whether or not such individual is in a subordinate position to the licensee.
SPOUSE
Shall mean the husband, wife or fiancee of the licensee or an individual involved in a long-term committed relationship with a licensee. For purposes of the definition of "spouse," a long-term committed relationship means a relationship which is at least six months in duration.
c. 
A licensee shall not engage in sexual contact with a client with whom he or she has a client-therapist relationship. The client-therapist relationship is ongoing for purposes of this subsection, unless the last massage, bodywork or somatic therapy was rendered more than three months ago.
d. 
A licensee shall not seek or solicit sexual contact with a client with whom he or she has a client-therapist relationship and shall not seek or solicit sexual contact with any person in exchange for professional services.
e. 
A licensee shall not engage in any discussion of any intimate sexual nature with a person with whom the licensee has a client-therapist relationship, unless that discussion is directly related to a proper massage, bodywork or somatic therapy purpose. Such discussion shall not include disclosure by the licensee of his or her own sexual relations.
f. 
A licensee, shall provide privacy and therapy conditions which prevent exposure of the unclothed body of the client. Appropriate draping measures shall be employed to protect the client's privacy.
g. 
A licensee shall not engage in sexual harassment either within or outside of the professional setting.
h. 
A licensee shall not engage in any other activity which would lead a reasonable person to believe that the activity serves the licensee's personal prurient interests or which is for the sexual arousal, or sexual gratification of the licensee or client or which constitutes an act of sexual abuse.
i. 
Nothing in this subsection shall be construed to prevent a licensee from rendering massage, bodywork or somatic therapy to a spouse, providing that the rendering of such massage, bodywork or somatic therapy is consistent with accepted standards of massage, bodywork or somatic therapy and that the performance of therapy is not utilized to exploit the spouse for sexual arousal or sexual gratification of the licensee.
j. 
It shall not be a defense to any action under this subsection that:
1. 
The client solicited or consented to sexual contact with the licensee; or
2. 
The licensee is in love with or held affection for the client.
[Ord. #16-13]
No part of any quarters of any massage and/or somatic therapy business shall be used for or connected with any bedroom or sleeping quarters, nor shall any person sleep in such massage and/or somatic therapy business except for limited periods incidental to and directly related to a massage or bath. This provision shall not preclude the location of a massage and/or somatic therapy business in a separate quarters of a building housing a hotel or other separate business or clubs.
[Ord. #16-13]
a. 
All tables, tubs, shower stalls and floors, except reception and administrative areas, shall be made of nonporous materials which may readily be disinfected.
b. 
Closed containers shall be provided for wet towels and waste materials.
[Ord. #16-13]
A license shall be issued for one calendar year beginning with the year in which the license was issued.
[Ord. #16-13]
All licenses issued hereunder shall be exhibited in a prominent place inside the business establishment.
[Ord. #16-13]
a. 
The conviction of any applicant or licensee of any criminal offense, quasi-criminal offense or sanitary code violation related to the licensee's business, or any sex-related offense may constitute a forfeiture of the license and said license shall be deemed revoked.
b. 
Each licensee shall be deemed responsible for a clean and safe business operation on the premises. The violation of any law at said premises or any provisions of this section may be grounds for the revocation of the license to operate massage therapy on the premises.
[Ord. #16-13]
a. 
Licenses issued under this section may be revoked by the Town Clerk, Town Administrator, Construction Code Official or Director of Public Safety for violations of any terms or conditions of this section.
b. 
Notice of an informal hearing for revocation of a license before any of the individuals identified in Subsection a above, shall be given in writing setting forth the grounds of complaint and time and place of hearing. Such notice shall be served personally upon the licensee or mailed by registered letter to the licensee at his last known address at least five days prior to the date set for hearing.
c. 
In the event of a revocation of license, the Town Clerk, Town Administrator, Construction Code Official or Director of Public Safety shall report his/her findings and reasons therefor to the applicant/licensee in writing.
[Ord. #16-13]
The applicant or licensee may appeal any denial or revocation of a license within 30 days of receiving written notice of such denial or revocation by submitting to the Municipal Clerk a written request for a hearing by the Mayor and Council. The Mayor and Council shall hold a hearing within 45 days within the date of request for a hearing. The Mayor and Council shall issue a decision to the applicant or licensee within 10 days of its decision or within 45 days of the hearing whichever is sooner. The time provided may be extended and/or waived on a mutually agreeable basis by the Mayor and Council and the applicant and/or licensee.
In the event of any appeal, the license will remain in effect until the Mayor and Council renders its discussion.
[Ord. #16-13]
a. 
The Town of Guttenberg may, in lieu of revocation, impose a fine or suspend a license. The fine may not exceed $1,250. Each day the violation is committed or permitted to continue shall constitute a separate offense and each day shall be subject to such a fine.
b. 
A violation of any section of this section may also be grounds for revocation of any license, certificate of occupancy or permit issued by the Town for the premises.
[Ord. #16-13]
This section is intended to be read in pari materia with any and all State regulations appertaining to the same or similar subject matter, including, but not by way of limitation, any and all regulations established by the Massage, Bodywork and Somatic Therapy Examining Committee operating under the New Jersey Board of Nursing (P.L. 1999, c, 19, approved February 8, 1999, Assembly Bill No. 843).
[Ord. #16-13]
All ordinances or parts of ordinances inconsistent herewith are repealed as to such inconsistencies.
[Ord. #16-13]
If any subsection, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any 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 thereof.
[Ord. #16-13]
This section shall take effect upon passage and publication as provided by law and shall be applicable to any new applications or renewal applications for existing massage therapy establishments.[1]
[1]
Note: Ordinance No. 16-13, codified herein, was adopted June 24, 2013.
[Ord. 4/22/45 § 6]
As used in this section:
PLANT
Shall mean any building in which an embroidery machine or machines, or a knitting machine or machines are used or operated. Shop and mill shall be of the same meaning as "plant," above.
[Ord. 4/22/46 § I]
In order to permit fullest employment in the embroidery and knitting goods industries, to protect residents of the Town against the disturbance of their rest at night, by the operation of the industries under certain conditions, and also in order to protect the health and morals of the employees employed in the manufacturing establishments known as the knitting goods and embroidery industries; no embroidery shop and no knitting mill shall operate such shop or mill or employ any person in such shop or mill before the hour of 7:00 a.m. and after the hour of 11:00 p.m., without procuring a license in the manner hereinafter set forth and complying with the regulations provided for in this section.
[Ord. 4/22/46 § II]
Any person desiring to operate any embroidery shop or knitting mill in the Town between the hours of 11:00 p.m. and 7:00 a.m. shall make application therefor to the Mayor and Board of Council, and the body, after due and proper investigation, may direct the Clerk to issue a license therefor, which license shall remain in effect until May 1 after the date of issuance, subject to revocation for violation of the provisions of this section, or the rules or regulations laid down by the Mayor and Board of Council for the operation of the industries during the prescribed period. The license fee for embroidery shops shall be the sum of $100 for each 15 yard machine therein contained and the sum of $75 for each 10 yard machine therein contained. The license fee for knitting mills shall be $250. The licenses shall run from May 1 in each year to May 1 in the succeeding year.
[Ord. 4/22/46 §§ III, X]
In the operation of an embroidery shop or knitting mill between the hours of 11:00 p.m. and 7:00 a.m. and before a license is issued, the governing body shall give consideration to the following factors: the black-out of lights in the plant; the sound proofing of walls in the interior of the plant; the air conditioning of the plant; the ability of the manufacturer to keep all windows in the plant closed, so as to eliminate any noises emanating from the plant and annoying persons residing in the adjacent properties, and the absence of undue vibration.
If upon investigation, the Mayor and Board of Council shall be of the opinion that the operation of the plant shall not affect the health and welfare of the citizens of the Town or the employees of the plant, they shall direct the Clerk to issue the license.
The license hereinabove prescribed shall be issued by the Town Clerk upon direction of the Mayor and Board of Council upon such forms and applications as may be prescribed.
[Ord. 4/22/46 § VII]
Mayor and Board of Council may rescind or revoke the license issued under this section upon satisfactory proof that the operator, owner or employees of the plant have not taken such steps as may be necessary to eliminate undue vibration or the emission of light or noise from the plant, or have not taken adequate and proper steps for the protection and safeguard of the employees working in the plant or factory during the evening period governed by the license, or have violated the regulations promulgated by the Mayor and Board of Council, concerning the premises.
[Ord. 4/22/46 § VIII]
The Mayor and Board of Council are hereby authorized to appoint a committee of one or more persons who may be either a member of the body or a member of the Police Department or Board of Health to make investigations in behalf of the Board and to report the findings thereof to the body and also to institute and prosecute in behalf of the Board any action required to be taken under this section. The Committee shall be designated as the "Committee on Industry."
[Ord. 4/22/46 § IV]
The Mayor and Board of Council may promulgate such regulations as shall be deemed necessary for the operation of such plants during the period of time covered by the license, and the licensee shall comply therewith. The failure to comply therewith shall be deemed to be a violation of the provisions of this section and shall be punishable, upon conviction, in the manner hereinafter specified, in addition to subjecting the license to cancellation or revocation.
[Ord. 4/22/46 § V]
If upon inspection of the licensed premises, the Committee appointed by virtue of the authority of this section shall determine that the operation of the plant during the licensed hours shall be injurious to the health and welfare of the citizens of the Town or the employees of the plant, said Committee may direct what steps shall be taken to correct the violation and the licensee shall immediately comply therewith; if no steps can be taken which will eliminate the violation, the licensee shall cease and desist from operating the plant during the licensed hours until the further order of the Mayor and Board of Council.
[Ord. 4/22/46]
a. 
No radio or other musical instrument shall be played or operated during the hours between 11:00 p.m. at night and 7:00 a.m. in any embroidery shop or knitting mill operating under a license issued pursuant to the provisions of this section.
b. 
In the operation of any plant, during the hours specified, vibration shall be kept at a minimum.
c. 
During the hours specified in this section, the windows in the plant shall remain closed so as to prohibit the emission of any noise from the plant.
d. 
During the hours of operation of the plant, the windows shall be covered or otherwise blacked out so as to prohibit the emission of light from the plant.
e. 
Air-conditioning of such plant is recommended and shall be installed if reasonably possible.
f. 
Insulation of the plant so as to deaden noise within the plant and to keep the same at a minimum on the outside of the plant is recommended and shall be installed if reasonably possible.
g. 
Licensee shall comply with the directions of the Committee on Industry for the purpose of eliminating noise, the emission of light and vibration. Inspection of the plant is required whenever recommendations are made.
[Ord. 4/22/46 § IX]
Any person who shall operate an embroidery shop or knitting mill of any kind whatsoever between the hours of 11:00 p.m. and 7:00 a.m. without a license as prescribed by this section or who shall violate any of the provisions of this section or the regulations propounded hereunder shall be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 16-2016]
As used in this section:
BARBERSHOP
Shall mean any place wherein any person, firm or corporation represents to the public that the person, firm or corporation is engaged in the occupation or business of shaving, clipping, cutting, shampooing or trimming of hair and/or the massaging of the faces or scalps of the patrons thereof.
BEAUTY SALON
Shall mean any place wherein any person, firm or corporation represents to the public that the person, firm or corporation is engaged in the occupation or business of waxing, clipping, threading, cutting, dyeing, shampooing or trimming of hair and/or the massaging of the faces or scalps of the patrons thereof.
NAIL SALON
Shall mean any place wherein any person, firm or corporation represents to the public that the said person, firm or corporation is engaged in the occupation or business of clipping and styling nails of the hands and feet.
PERSON
Shall mean any person, firm or corporation.
[Ord. No. 16-2016]
a. 
It shall be unlawful to operate any barbershop, beauty and nail salon in the Town of Guttenberg, County of Hudson, without first obtaining a license therefor. The owner of a barbershop, beauty and nail salon desiring a license shall make written application to the Building Department of the Town of Guttenberg or its representatives, setting forth the name of the applicant, the location of the places sought to be licensed, whether or not the applicant is registered by the New Jersey State Department of Health and any other facts which the Building Department of the Town may consider pertinent. Each such application shall be forthwith transmitted to the Building Department or assigned representatives for investigation, and the Building Department shall, within seven days thereafter, endorse its approval or disapproval on the application. Upon approval, the license to operate a barbershop, beauty and/or nail salon shall be issued by the Building Department. There shall be paid for each license a fee, as established by § 4-50 which sum shall accompany the application and be returned if the license is not granted.
b. 
Any application which fails to conform or to comply with the requirements of this section or which contains any misrepresentations shall constitute sufficient grounds for the denial of the application; and any license which may be issued upon any misrepresentation contained in the application shall be subject to suspension or revocation in addition to penalties hereinafter mentioned.
c. 
Each such license shall become effective on the first day of January of each year and shall be renewed annually.
d. 
Any person who shaves, clips, cuts, shampoos or trims hair and/or massages faces or scalps in a barbershop; any person who waxes, clips, cuts, dyes, shampoos, threads or trims hair and/or massages faces or scalps in a beauty salon; any person who clips and/or styles nails of the hands or feet in a nail salon shall apply for a license on an annual basis, and the fee for said license shall be $50.
[Ord. No. 16-2016]
No person shall be in charge of or operating a barbershop, beauty and/or nail salon, or be employed therein, if said person is suffering from any sexually transmitted disease, tuberculosis or any other infectious, contagious or communicable disease.
[Ord. No. 16-2016]
Every owner of a barbershop, beauty and/or nail salon, upon request of the Health Officer or approved representatives, shall furnish to the Health Officer or its representatives the name and address of any person, firm or corporation supplying linens, towels or equipment used in said barbershop, beauty and nail salon for the purpose of enabling the Health Officer or approved representatives to examine the sanitary and hygienic conditions under which said materials are handled.
[Ord. No. 16-2016]
It shall be unlawful for any person employed in a barbershop, beauty and/or nail salon to shave any person or perform any barbering service when the area to be shaved or otherwise treated is inflamed, or contains pus, or in any way gives indication of the possibility of communicating or spreading disease, unless such person is provided with his own equipment or apparatus for the rendition of the barbering service required and such personally provided equipment only shall be used.
[Ord. No. 16-2016]
It shall be unlawful to wash or dry in the licensed premises any towels used in barbering, or to use any towel or washcloth which has not been properly laundered subsequent to its last use on any other person, and it shall be unlawful to use covering cloths on more than one person successively, except when either a clean towel or paper neck piece is applied next to the skin between such covering cloth and the skin, to prevent contact of the skin with such covering cloth.
[Ord. No. 16-2016]
Every barbershop, beauty and/or nail salon shall contain hot and cold running water.
[Ord. No. 16-2016]
All shaving brushes, razors, scissors, clipping machines, pincers, needles and any other instrument or equipment used in a barbershop, beauty and/or nail salon upon the person of any customer, or otherwise, shall be sterilized before usage. Any material or medication used to stop the flow of blood, or otherwise to be applied in treatment of facial or skin injury, shall be of a safe character and shall be applied in a sterile manner per manufacturer's instructions.
[Ord. No. 16-2016]
No part of the premises used as a barbershop, beauty and/or nail salon shall be occupied or used or furnished for sleeping quarters, and rooms in the rear or to the side of a barbershop, beauty and/or nail salon, which may be used as living quarters, shall be separated from the barbershop by a permanent partition extending from ceiling to floor, and any door leading thereto shall be kept closed at all times, except as used for ingress and egress. Nor shall any pets and/or animals be permitted in the business.
[Ord. No. 16-2016]
All barbershops shall have a sign not less than 18 inches wide by 16 inches long on which shall be prominently stated the hours hereinafter mentioned during which said barbershops shall be open. The sign shall be displayed in such a manner that all persons frequenting the barbershop shall have an unobstructed view thereof.
[Ord. No. 16-2016]
It shall be unlawful for any person to act as an itinerant barber and solicit or perform barbering work by going from house to house. The provisions of this section, with respect to performing barbering services away from the licensed premises, shall not be deemed to apply to licensed owners of barbershops or their employees, licensed as above required, called upon to render barbering service to a customer or patron outside the barbershop, who, because of illness or for other good reason, is unable to come to said barbershop.
[Ord. No. 16-2016]
a. 
The Health Officer or approved representatives shall, at all times, have the power to inspect licensed premises.
b. 
There shall be no amusement games or devices on the premises.
c. 
Each barbershop, beauty and/or nail salon shall have an unobstructed view of the premises; approved decorations will be allowed.
[Ord. No. 16-2016]
All licenses must be exhibited by owners and employees in a prominent location near the entrance of the business.
[Ord. No. 16-2016]
In the event that any applicant for a license shall have been refused a license or in the event that any licensee shall have had his license revoked or suspended, said person shall have the right and privilege to appeal from such refusal to grant a license or suspension or revocation of a license to the Mayor and Council of the Town of Guttenberg; provided, however, that not less than five days' written notice of such appeal shall have been served upon the Municipal Clerk, either in person or by registered mail, return receipt requested, and a date of hearing before the Mayor and Council shall be fixed no later than 30 days after the receipt of said notice of appeal. Thereupon, the Municipal Clerk shall notify said person of the place, date and time of hearing.
[Ord. No. 16-2016]
Any person, firm or corporation violating any of the provisions of this section shall be subject to the penalties provided for in Chapter 1 § 1-5. Each violation of any of the provisions of this section, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.
[Ord. #9/16/92B, Preamable]
The Mayor and Board of Council have determined that fire alarm systems including protective signaling systems serve a useful function, and the State Construction Code governs the installation and the State Fire Code requires maintenance of such systems.
Maintenance inspections do not reveal all problems with such systems and no State standard governs the use and control of fire alarm and protective signaling systems. The incidence of false alarms attributable to defective equipment or failure to monitor and maintain such systems results in a response which creates a needless risk of injury to both fire suppression personnel and the public as well as a cost in time, efficiency, equipment and funds.
In order to reduce risks and costs as well as increase fire suppression efficiency, the Mayor and Board of Council seek to promulgate operational requirements for the use and control of fire alarm and protective signaling systems, and to establish remedies and penalties for the violation thereof.
[Ord. #9/16/92B § 1]
As used in this section:
FALSE ALARM
Shall mean any fire alarm causing direct notification to a fire department through an alarm panel, switchboard or alarm lines, in a case where no fire exists.
FIRE ALARM SYSTEM
Shall mean a system containing automatic detecting device(s) which actuate an alarm signal, requiring a response by fire suppression forces, including but not limited to, Protective Signaling Systems or devices designed to transmit alarms and/or trouble signals to alert fire suppression forces of the need to respond to protect life and property.
[Ord. #9/16/92B § 2]
a. 
Any person or other legal entity desiring to install a fire alarm system on any premises located in the Town shall apply for an alarm system permit through the Construction Official.
b. 
Any person or other legal entity owning and/or operating and/or protected by an existing fire alarm system shall register same with the Fire Official of the Town within 30 days of the effective date of this section.
[Ord. #9/16/92B § 3]
The Fire Official shall annually inspect each fire alarm system to determine whether or not the system is operational. Any violations as set forth in the following subsection, or operational defects in the alarm system shall be noted by the Fire Official and a copy of the citation given to the owner and/or operator of the fire alarm system as well as to the owner of the building on which or in which the alarm system is located. Twenty days shall be allowed from the date of notification to correct the violation.
[Ord. #9/16/92B § 4]
The Fire Official shall investigate or cause to be investigated each false alarm and keep a record of all false alarms on file. If the investigation discloses that the false alarm was due to equipment misuse, accident, improper supervision, or equipment malfunction, the Fire Official shall provide notice and order immediate corrective action. The Fire Official shall serve on the owner and/or operator of the fire alarm system as well as on the owner of the building a written order stating the nature of the violations and the date by which action must be taken to prevent future false alarms.
[Ord. #9/16/92B; Ord. #012-7]
a. 
The first three false alarms in any given calendar year from the same premises, the Guttenberg Fire Prevention Bureau shall issue a warning to the owner of the premises, which warning shall include a copy of this section. The Fire Official shall file or cause to be filed a complaint in the Guttenberg Municipal Court for any further false alarms from the premises during that calendar year.
b. 
Upon a finding by the Municipal Judge of more than three false alarms from the same premises during the same calendar year, the Court shall impose fines upon the owner in accordance with the following schedule:
The fee for the 4th through 6th false alarm shall be $100 per false alarm.
The fee for the 7th through 10th false alarm shall be $300 per false alarm.
The fee for the 10th through 15th false alarm shall be $500 per false alarm.
For each alarm after the 15th false alarm, a fine not less than $500 nor more than $1,000 shall be charged at the discretion of the Municipal Court Judge.
[Ord. 3/3/93 § 1]
No pay telephone or telephones shall be placed on or above any public sidewalk or other public way or place in the Town unless a permit for such placement has been secured from the Town Clerk; provided, however, that no such permit shall be required for any pay telephone or telephones or the installation thereof which are subject to an agreement with the Town for the payment of an annual commission and/or franchise tax to the Town.
[Ord. 3/3/93 § 2]
The permit fee for pay telephones which are subject to the provisions of this section shall be $75.
[Ord. 3/3/93 § 3]
All permits issued pursuant to this section shall expire on June 30 annually regardless of when issued. No permit shall be issued by the Town Clerk for the placement or continuance of the placement of any pay telephone or telephones unless the location of same shall first have been approved in writing by the Construction Official.
[Ord. 3/3/93 § 4]
The Town reserves the right to revoke or refuse to renew any permit; or to restrict service at any pay telephone or telephones to outgoing calls only.
The above actions may be taken, at the discretion of the Mayor and Board of Council, if the Chief of Police advises that a pay telephone or telephones have created or contributed to illegal activity or are likely to create or contribute to illegal activity.
A presumption that a pay telephone or telephones will create or contribute to illegal activity shall arise whenever, during any permit year, two incidents of illegal activity are associated with a particular pay telephone or telephones.
[Ord. 3/3/93 § 5]
Any person or other legal entity who places a pay telephone or telephones on or above any public sidewalk or other public way in the Town without obtaining a permit for such placement pursuant to the terms of this section shall be subject to the following fines:
a. 
The fee for a first offense shall be no less than $25.
b. 
The fee for a second offense shall be no less than $50.
c. 
The fee for third and subsequent offenses shall be no less than $100 per each offense.
[Ord. 4/18/77 §§ 1-8; Ord. 9/19/77 § 1; Ord. #32/99; Ord. 27/00; Ord. #005/01; Ord. #025/02; Ord. #28-11]
a. 
The License Inspector shall collect the fees established below. The following schedule of fees for licenses issued or services performed in the Town is hereby established as follows:
Type of License
Annual Fee
Abattoirs or slaughterhouse
$1,000
Bakery
$250
Beauty and barber shops
$250
Candy stores
$250
Day care/nursing homes
$250
Delicatessen
$250
Fat, bones, etc., pickup
$250
Fish market
$250
Flammables license
$250
Food or beverage processing plant
$250
Food vending machines:
1.
Refrigerated or hot food per machine (milk, soda, juice, soup, coffee, etc.)
$50
2.
All other machines (gumball, candy, nuts, etc.) weighing, etc.
$50
Health spa (pool, gymnasium and related facilities)
$500
Industrial, mechanical, manufacturing
$100
Laundromats — $250 license plus, each machine
$25
Massage parlor
$500
Movie theater or legitimate theater:
1.
Seating capacity up to 200
$500
2.
Seating capacity from 200 to 500
$750
3.
Seating capacity over 500
$1,000
Nail Salon
$250
Private garbage pickup
$250
Professional (doctors, lawyers, dentists, real estate, insurance, etc.)
$250
Retail food establishment other than below
$250
Restaurants seating 40 to 59 persons
$500
Restaurants seating 60 persons or over
$750
Supermarkets having area from 2,500 square feet to 4,000 square feet
$500
Services, repair, retail
$250
Swimming pools (public or multifamily only)
$500
Taverns serving food
$250
b. 
Fee for analogous license or service shall be similar to the above schedule, even though not specifically named as to product or service.
c. 
Minimum fee for any other license or service shall be $50, unless otherwise established under any valid State or Federal law or regulations.
d. 
Unless otherwise specifically set forth on the license or receipt, period for operations under above fee schedule, shall be January 1 to December 31, annually.
e. 
No person or entity shall conduct or engage in the activities or operate the equipment, article or service, without first obtaining necessary permit or license, and payment of appropriate fee.
f. 
Other fees shall remain collectable and in force under other codes or ordinances.
g. 
Any violation of this section shall be punishable by the penalty stated in Chapter 1, § 1-5.
h. 
Failure to Renew License; Fines. Any person or other legal entity, who after receiving notice of renewal, fails to renew the business license by January 31, shall be subject to the following fines.
Failure to renew above license by February 15th
$100
Failure to renew above license by March 15th
$250
[Ord. #019/04]
As used herein, the following terms shall have the meanings indicated:
DISTRIBUTOR
Shall mean the person, corporation, employee, servant or agent responsible for placing and maintaining a newsrack in a public street as herein defined.
NEWSPAPER
Shall mean any newspaper, whether distributed for free or sold, of general circulation as defined by law, any newspaper duly entered with the Post Office Department of the United States, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by law.
NEWSRACK
Shall mean any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and/or sale of newspapers or other news periodicals.
ROADWAY
Shall mean that portion of a street improved, designated or ordinarily used for vehicle travel.
SIDEWALK
Shall mean any surface provided for the use of pedestrians.
STREET
Shall mean all that area dedicated to public use for public street purposes, and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
[Ord. #019/04]
It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate on any public street in the Town of Guttenberg any newsrack without first having obtained a permit from the License Inspector specifying the exact location of such newsrack. One permit may be issued to include any number of newsracks and shall be signed by the applicant.
[Ord. #019/04]
Application for such permit shall be made, in writing, to the License Inspector upon such form as shall be provided by them, and shall contain the name and address of the applicant and the proposed specific location of said newsrack and shall be signed by the applicant.
[Ord. #019/04]
a. 
Permits may be issued for the installation of a newsrack without prior inspection of the location, but such newsrack and the installation, use or maintenance thereof shall be conditioned upon compliance with the provisions of this section. An annual permit fee of $50 per newsrack is required.
b. 
Permits shall be issued within five business days after an application which contains all requisite information and submissions has been filed with the License Inspector.
c. 
The permit shall be valid for a period of one year on a calendar-year basis, commencing on January 1, and shall be renewable on January 1 of any subsequent year.
d. 
No permit shall be issued or continued in operation unless the applicant and any other persons, organizations, firms or corporations on whose behalf the application is made by filing such application do represent, stipulate, contract and agree that they will jointly and severally defend, indemnify and hold the Town of Guttenberg harmless against liability for any and all claims, for damage to property or injury to or death of persons arising out of or resulting from the issuance of the permit or the control, maintenance or ownership of the newsrack permitted.
e. 
Before the License Inspector may issue a newsrack permit to any person, that person must execute an indemnification agreement substantially as follows:
"The applicant and any other persons, organizations, firms or corporations on whose behalf the application is made represent, stipulate, contract and agree that they do jointly and severally defend, indemnify and hold harmless the Town of Guttenberg against liability for any and all claims for damage to property, injury to or death of persons arising out of or resulting from the issuance of the permit or the control, maintenance or ownership of the newsrack."
f. 
Before the License Inspector may issue a newsrack permit to any person, that person shall file with the License Inspector an insurance policy of a company duly licensed to transact business under the insurance laws of this State in the sum of $100,000 for one person, and for more than one person $1,000,000, insuring against loss from liability imposed by law upon the distributor for damages on account of bodily injury or death suffered, and in the sum of $50,000 against loss on account of property damage suffered by any person or persons as a result of an accident occurring by reason of the ownership, control or maintenance of the newsracks permitted, and no license shall continue effective unless such insurance, in the full and collectible amount of $100,000 for one person and $1,000,000 for more than one person for bodily injuries or death and $50,000 for property damages shall remain in effect during the entire term of the license. Such insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and person suffering loss, damage or injury as aforesaid.
[Ord. #019/04]
Any newsrack which, in whole or in part, rests upon, in or over any public sidewalk, roadway or street shall comply with the following standards:
a. 
No newsrack shall exceed 48 inches in height, 24 inches in width; or 20 inches in thickness unless publications are made available at no cost.
b. 
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspapers or news periodicals sold therein.
c. 
Unless publications are made available at no cost, each newsrack shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication paid for. The coin-return mechanisms shall be maintained in good working order.
d. 
Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack, a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to report a malfunction or to secure a refund in the event of a malfunction of the coin-return mechanism or to give the notices provided for in this section.
e. 
Each newsrack shall be maintained by the distributor in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that:
1. 
It is reasonably free of dirt and grease.
2. 
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.
3. 
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.
4. 
The clear plastic or glass parts thereof, if any, are reasonably free of tears, peeling or fading.
5. 
It shall not have any structural parts which are broken, unduly misshapen or otherwise dangerous.
f. 
It shall be unlawful for any person to place or maintain any publication or material which is obscene as defined by the United States Supreme Court in Miller vs. California 413 U.S. 15(1973) and/or as set forth in N.J.S.A. 2C:34-2.
g. 
Each newsrack shall be maintained to prevent the newspapers from being scattered about the area.
[Ord. #019/04]
Any newsrack which rests in whole or in part upon or any portion of a public street or sidewalk or projects onto, into or over any part of a public street or sidewalk shall be located in accordance with the provisions of this subsection.
a. 
No newsrack shall be used or maintained which projects onto, into or over any part of the roadway of any public street or which rests wholly or in part upon, along or over any portion of the roadway of any public street.
b. 
No newsrack shall be permitted to rest upon, in or over any public street or sidewalk when such installation, use or maintenance:
1. 
Endangers the safety of persons or property;
2. 
Unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicles;
3. 
Unreasonably interferes with the ingress or egress from any residence or place of business; or
4. 
Unreasonably interferes with the use of traffic signs or signals, hydrants or mailboxes permitted at or near said location.
c. 
Newsracks shall be placed or otherwise secured so as to prevent their being blown down or around the public street or sidewalk, but shall not be chained or otherwise secured to any traffic or street signs, signals, hydrants or mailboxes, except to other newsracks or private property with the consent of the owner. The Town of Guttenberg hereby expressly denies any permission for any newsrack to so affixed or attached to its municipal property.
d. 
Newsracks may be placed next to each other, provided that the group of newsracks shall not extend for a distance of more than eight feet along a curb.
e. 
No newsrack shall be placed, installed, used or maintained:
1. 
Within three feet of any marked crosswalk.
2. 
Within 18 inches of a curb.
3. 
Within 15 feet of any fire hydrant, fire call box, police call box or other emergency facility.
4. 
Within five feet of any driveway.
5. 
At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet.
6. 
Within three feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.
7. 
Within 500 feet of any other newsrack on the same side of the street, containing the same issue or edition of the same publication.
8. 
Within 10 feet of any standby or sprinkler connection or related safety or fire equipment.
9. 
Within 10 feet of any building, unless written permission is secured from the property owner and filed with the application.
f. 
No newsrack shall be permitted in any location zoned as exclusively residential.
[Ord. #019/04]
Any violation of this section shall subject the violator to a fine of not less than $100 nor more than $500 or to confinement for not more than 90 days in jail, or both. Each newsrack violation will constitute a separate violation. Each day of said violation shall constitute a separate violation.
[Ord. #019/04]
For any newsrack that is removed in accordance with this section and then stored by the Town, the Town shall charge a storage fee of $10 per day.
[Ord. #020/04]
The following words, as used herein, shall have the definitions and meanings set forth herein:
MOTORCADE
Shall mean an organized procession containing 10 or more vehicles, except funeral processions, upon any public street, sidewalk or alley.
PARADE
Shall mean any procession or march intended to proceed along any street or in any public place in an orderly fashion.
[Ord. #020/04]
a. 
Required. No person shall engage in, participate in, aid, form or start any parade unless a parade permit shall have first been obtained from the Town Clerk, or his/her designee.
b. 
Exceptions.
1. 
Funeral processions.
2. 
Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities.
3. 
Any procession or parade of any body of police or firefighters of the Town, militia of the State or troops of the United States of America.
4. 
Any parade planned and sponsored by the Town.
[Ord. #020/04]
a. 
Filing with Town Clerk. A person seeking issuance of a parade permit shall file an application with the Town Clerk, or his/her designee, on forms provided by the Clerk.
b. 
Filing Period. An application for a parade permit shall be filed with the Town Clerk, or his/her designee, not less than 30 days before the proposed date of the parade.
c. 
Contents of Application. The application for parade permit shall set forth the following information:
1. 
The name, address and telephone number of the person seeking to conduct such parade.
2. 
If the parade is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization.
3. 
The name, address, and telephone number of the person who will be the parade chairperson and who will be responsible for its conduct.
4. 
The date when the parade is to be conducted.
5. 
The route to be traveled, the starting point and the termination point.
6. 
The approximate number of persons, animals, vehicles and floats which will constitute such parade, and a description of the vehicles and floats.
7. 
The hours when such parade will start and terminate.
8. 
A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed.
9. 
The location by streets of any assembly areas for such parade and of any stages or reviewing stands to be used by parade participants or parade spectators.
10. 
The time at which units of the parade will begin to assemble at any such assembly areas.
11. 
The interval of space to be maintained between units of such parade.
12. 
If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the Town Clerk, or his/her designee, a communication, in writing, from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his/her behalf.
13. 
Any additional information with the Town Clerk, or his/her designee, shall find reasonably necessary with regard to the health, safety and welfare of the participants of the parade and of the citizens of the Town to make a determination as to whether a permit should be issued.
14. 
The Town Clerk, or his/her designee, shall have the authority to consider any application hereunder which is filed less than the time required under Subsection b, above.
d. 
Date and Time Stamped. Applications for permits shall be date and time stamped. Applications will be reached in order of filing.
[Ord. #020/04; Ord. #21-11]
There shall be a fee of $500 for the issuance of the parade permit.
[Ord. #020/04]
The Town Clerk, or his/her designee, shall issue a permit as provided for hereunder when (s)he finds that:
a. 
The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
b. 
The conduct of the parade will not require the diversion of so great a number of police officers of the Town to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the Town.
c. 
The concentration of persons and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas.
d. 
The conduct of such parade will not interfere with the movement of firefighting equipment en route to a fire.
e. 
The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays in route.
f. 
The parade is not to be held for the sole purpose of advertising any product, goods or event, and is not designed to be held purely for private profit, provided, however, that the prohibition against advertising any product, goods or event shall not apply to signs identifying organizations or sponsors furnishing or sponsoring floats or transportation for the parade.
[Ord. #020/04]
The Town Clerk, or his/her designee, shall act upon the application for a parade permit within 72 hours after the filing thereof. If the Town Clerk, or his/her designee disapproves of the application(s), shall immediately notify the applicant within 24 hours after the date upon which the application was filed. The Town Clerk, or his/her designee, shall state the reasons for the denial of the permit.
[Ord. #020/04]
The Town Clerk, or his/her designee, in denying an application for a permit, shall be empowered to authorize the conduct of the parade on a date, at a time or over a route different from that named by the applicant. An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit.
[Ord. #020/04]
Immediately upon the issuance of a parade permit, the Town Clerk, or his/her designee, shall send a copy thereof to the following:
a. 
The Police Director.
b. 
The Director of the Department of Public Works.
[Ord. #020/04]
Each parade permit shall state the following information:
a. 
The date of the parade.
b. 
The parade route.
c. 
The starting time.
d. 
The ending time.
e. 
The maximum interval of space to be maintained between the units of the parade.
f. 
The portions of the streets to be traversed that may be occupied by the parade.
g. 
The number of persons, motor vehicles and floats that will be in the parade.
h. 
Such other information as the Director, or his/her designee, shall find necessary for the proper enforcement of this section.
[Ord. #020/04]
The chairperson, or other person heading or leading such activity, shall carry the parade permit upon his/her person during the conduct of the parade.
[Ord. #020/04]
a. 
Interference. No person shall unreasonably hamper, obstruct, impede or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.
b. 
Driving Through Parades. No driver of a vehicle, streetcar or trackless trolley shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.
c. 
Parking on Parade Route. The Police Director or his/her designee, shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street or part thereof constituting a part of the route of a parade. The Director, or his/her designee, shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street not posted in violation of this section.
[Ord. #020/04]
The Police Director, or his/her designee, shall have the authority to revoke a parade permit issued hereunder upon his/her determination that there are material differences between the conditions set forth in the application and the conditions of the actual parade which adversely effect the ability of law enforcement and firefighting personnel to protect the public safety and welfare.
[Ord. #004-09]
The Code of the Town of Guttenberg is hereby amended to add specifically § 4-80, entitled "Outdoor Sidewalk Cafes," and providing as follows.
[Ord. #004-09]
As used in this section the following terms shall have the meanings indicated:
ADJACENT BUILDING
Shall mean the building whose principal facade fronts on the sidewalk where the outdoor sidewalk cafe is or is proposed to be located.
OUTDOOR SIDEWALK CAFE OR CAFE
Shall mean a restaurant (as defined herein) serving food to be consumed by the public at tables located within that more or less rectangular portion of the sidewalk which lies within the area bounded by the public street, the principal facade of the adjacent building and the imaginary perpendicular lines running from the outer edge of such principal facade to the public street.
PERSON
Shall mean any individual, partnership, corporation, association or other entity.
PRINCIPAL FACADE
Shall mean that portion of the facade of a building which fronts on a public street.
RESTAURANT
Shall mean an establishment actually located within the adjacent building, the primary activity of which is the preparation and serving of food for consumption by the public whether free or for cost.
SIDEWALK
Shall mean the paved surface provided for the exclusive use of pedestrians and situated between and extending from any building to the curb of any street (excluding therefrom any unpaved area).
[Ord. #004-09]
a. 
The applicant shall file an application describing the layout plan and file the application in the Building Department. The layout plan is to include:
1. 
A description of the proposed design and location of the outdoor sidewalk cafe and all temporary structures, equipment and apparatus to be used in connection with its operation, including tables, chairs, planters, awnings, lighting and electrical outlets (if any).
2. 
A statement of seating capacity of the proposed outdoor sidewalk cafe and of the existing restaurant actually operated by the applicant in the adjacent building.
3. 
A diagram demonstrating that pedestrian traffic along the sidewalk upon which the outdoor sidewalk cafe is proposed to be located will in no way be impeded, and that the provisions of Subsection 4-80.8 shall be satisfied.
4. 
A description of the proposed location of the outdoor sidewalk cafe showing the actual dimensions of the area to be utilized and the building, street and sidewalk upon which it fronts and on which it is to be located, including the area of frontage and distance from the facade to the curb.
5. 
A minimum of six feet of paved surface must be available for pedestrian traffic adjacent to the outdoor dining area.
6. 
Tables within the outdoor dining area shall be no larger than two feet in diameter with no more than four chairs per table. The minimum allowable space for each table and chair placement shall be six feet and shall be placed adjacent to the exterior front wall of the establishment. Only a single row of tables and chairs is permitted. Neither tables nor chairs shall be attached or chained to any tree, post, sign, curb, sidewalk or property within or near the eating establishment.
b. 
The layout plan shall be referred to the Director of Public Safety, or other appropriate official designated by the Mayor and Town Council from time to time to review such plans, who shall thereupon recommend approval, disapproval or modification of the layout plan within 10 business days following its submission to the Town. The Building Department may also refer the layout plan to the Fire Inspector, the Health Officer and the Municipal Engineer for their review and recommendations for approval by the Mayor and Town Council of the Town of Guttenberg.
[Ord. #004-09]
a. 
No outdoor sidewalk cafe license shall be issued unless the licensee shall have first filed with the Building Department a certificate of insurance, issued by a company duly authorized to transact business under the laws of the State of New Jersey, providing for the payment of not less than $500,000 to satisfy all claims for damage by reason of bodily injuries to or the death of any person as a direct or indirect result of the operation of the outdoor sidewalk cafe or for injury to any person occurring on the premises occupied by such cafe, and further providing for the payment of not less than $10,000 to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such cafe.
b. 
The insurance policy shall provide that the Town of Guttenberg shall be named as an additional insured and that the insurance company shall notify the Town of Guttenberg 10 days prior to cancellation or substantial change in coverage.
[Ord. #004-09]
No outdoor sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the Building Department an indemnification agreement pursuant to which the licensee, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnify and save harmless the Town of Guttenberg, its officers, agents and employees from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of or which may arise out of the licensee's operation of such outdoor sidewalk cafe.
[Ord. #004-09]
a. 
No outdoor sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the Building Department a maintenance agreement pursuant to which the licensee shall agree, at the option of the Town, to either repair at its sole cost and expense any damage caused to the sidewalk by the operation of the care or to reimburse the Town in full for all costs and expenses incurred by it in making any such repairs.
b. 
The Building Department may require a bond to be filed by the licensee in an amount to be fixed by the Town.
[Ord. #004-09]
The fee for an outdoor sidewalk cafe license shall be $200 per season.
[Ord. #004-09]
All outdoor sidewalk cafe licenses shall be issued for the six-month period commencing May 1 and ending October 31 of the particular year. Licenses may be renewed annually by the filing of an application in accordance with the provision of this section.
[Ord. #004-09]
An outdoor sidewalk cafe authorized and operating pursuant to this section shall comply with all of the following rules and regulations and such others as may be adopted from time to time by resolution of the Mayor and Council of the Town of Guttenberg:
a. 
The cafe shall be operated and maintained in accordance with the layout plan as finally approved.
b. 
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor sidewalk cafe shall be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure.
c. 
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor sidewalk cafe shall be located in such a way that less than six feet of paved sidewalk remains for the exclusive use of pedestrians (the "required pedestrian passageway"), nor shall any such furniture, apparatus, decoration or appurtenance project or protrude into, on or above the required pedestrian passageway.
d. 
Service in the outdoor sidewalk cafe shall be provided by persons engaged or employed for that purpose and shall be furnished to seated patrons only.
e. 
The sidewalk area utilized for the cafe shall be kept clean and free of litter. Trash receptacles shall be provided as required and approved from time to time by the Town.
f. 
Noise shall be kept at such a level as to comply in all respects with the provisions of the Code of the Town of Guttenberg.
g. 
Outdoor sidewalk cafes shall be permitted to operate only from 7:00 a.m. until 10:00 p.m. during the months of April to October, inclusive.
h. 
Within 30 minutes after the closing of the outdoor sidewalk cafe, the operator shall have all furniture, apparatus, decoration and appurtenances and any other items used in connection with the operation of such outdoor sidewalk cafe removed from the sidewalk. All such materials shall be stored in a safe and secure interior location.
i. 
The operator shall comply with all the requirements of N.J.A.C. 8:24-1 et seq., Sanitation in Retail Food and Food Vending Machines, and N.J.S.A. 24:15-1 et seq.
j. 
The outdoor sidewalk cafe shall be actually operated and maintained by the same person who operates and maintains the related restaurant of which the cafe is a part and an extension.
k. 
The operator shall comply with all other ordinances of the Town of Guttenberg.
[Ord. #004-09]
Patrons of an outdoor sidewalk cafe that has been authorized to operate pursuant to the section shall not be permitted to carry onto or consume alcoholic beverages.
[Ord. #004-09]
a. 
Upon a determination by an officer or employee of the Town of Guttenberg charged with the responsibility for enforcing the provisions of this section that a licensee has violated one or more of such provisions, such officer or employee shall 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 that the licensee fails or refuses to correct such violation within such period, the licensee's outdoor sidewalk cafe license shall thereupon and automatically be revoked.
b. 
Upon the revocation of such license, the licensee, upon written request, shall be entitled to a hearing before the Mayor and Council of the Town of Guttenberg within 14 days of the date of its request.
[Ord. #004-09]
Any person convicted of a violation of any of the provisions of this section shall be subject to a fine not to exceed $500 or 90 days' imprisonment, or both. Each violation of a section or subsection of this section, and each day that a violation continued, shall constitute a separate offense.
[Ord. #004-09]
If any provision of this section is for any reason determined to be unlawful or otherwise invalid by any court of competent jurisdiction, such determination shall not affect the validity of the remaining provisions of this section, all of which shall remain in full force and effect.
[Ord. #004-09]
All ordinances or part of ordinance inconsistent with the provisions of this section are hereby repealed to the extent of such inconsistency.
[Ord. #004-09]
This section shall take effect immediately after final adoption.
[Added 11-25-2019 by Ord. No. 28-19]
The Town Clerk of the Town of Guttenberg is hereby designated as the "issuing authority" pursuant to N.J.A.C. 13:47-1.1 and is authorized and directed to issue licenses as permitted by law and the regulations adopted thereunder.