City of Lambertville, NJ
Hunterdon County
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Table of Contents
Table of Contents
[1990 Code § 5-1; Ord. No. 05-2012; Ord. No. 15-2013; Ord. No. 05-2015]
a. 
Definition as defined in N.J.S.A. 48:16-1. Shall mean and include automobile or motor car, commonly called taxi, auto cab, omnibus, or by whatever name or designation they may now or hereafter be known or designated "taxicab", engaging in the business of carrying passengers for hire, which is held out, announced or advertised to operator run, or which is operated to run over any of the streets or highways of the City, and particularly accepts and discharges such persons as may offer themselves for transportation from points or places within the City, or which is hired by charter, or for a particular contract, or by the day or hour or other fixed period, or to transport passengers to a specified place or places, or which charges a fare or price agreed upon, in advance, between the operator and the passenger. Nothing in this section contained shall be construed to include any motor vehicle by whatever name or designation used and employed solely in transporting school children or teachers, or auto buses which are subject to the jurisdiction of the Board of Public Utility Commissioners, or any motor vehicle owned or operated by the City of Lambertville, County of Hunterdon, State of New Jersey, or operated by any nonprofit organization in the business of transporting persons not for profit.
b. 
License Required; Fees for License. As defined in N.J.S.A. 48:16-2, necessity of municipal consent before operating auto cab; limited on license fee. No auto cab shall be operated along any street in any municipality until the owner thereof shall obtain the consent of the elective Governing Body or member thereof having control of the public streets in the municipality. The City of Lambertville, in accordance with P.L. 2011, c. 135, licenses will be the subject of a public auction for the license.
c. 
Issuance of License, Inspection of Taxicabs. In accordance with P.L. 2011, Chapter 135, a municipality shall publish a notice in the newspaper circulating generally within the municipality stating the number of new or additional licenses to be authorized and the application period for the new or additional licenses. The notice shall specify a time and date after which no further applications will be accepted. The notice shall be published at least twice and at least one week apart, with the second notice published at least 30 days prior to the time and date specified in the notice as the time and date after which no further applications will be accepted.
The Mayor's designee shall have the power to issue or refuse to issue a license, in pursuance of the terms of this subsection. The number of licenses shall not exceed four, one license per vehicle.
Any license hereafter issued may be transferred upon the payment of a transfer fee of $50 for each and every such transfer, and subject to the provisions of this subsection, upon obtaining approval, in writing, of the Mayor's designee.
d. 
Application Information. Shall include the name, address, phone number of the owner and each operator, copies of insurance, State of New Jersey Business Registration, Sales Tax Certificate, fingerprinting results and any other information as deemed necessary by the Police Department and/or the City Clerk.
e. 
Requirements for Applications. No license to operate a taxicab shall be granted to any person unless he is a citizen of the United States, or shall have declared his intention to become such a citizen. In the case of a co-partnership, no license shall be granted to operate a taxicab unless such corporation is either incorporated or is duly authorized to do business under the laws of this State. All applicants and prospective taxicab drivers must:
1. 
Prior to the issuance of a license:
(a) 
Submit to criminal history checks (fingerprinting) at a designated Live Scan facility;
(b) 
Have reached his or her 21st birthday;
(c) 
Not have had a license revoked in any other state; and
(d) 
Possess a currently valid, State of New Jersey issued driver's license.
f. 
Fingerprinting. No license shall be granted to operate a taxicab to any person, or to any partnership or corporation who is not, or the members of or officer of which are not persons of good moral character, or who has, or if any of the members of the partnership, or officers of the corporation have been convicted of any following crimes: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with or having in his possession any weapon enumerated in subsection r of N.J.S.A. 2C:39-9, or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.A. 2C:35-2. In any other state, territory, commonwealth, or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in paragraph one of the subsection. If a person who has been convicted of one of the crimes outlined in this subsection or in P.L. 2011, c.135 (A1471 3R), and can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving an auto cab and/or taxicab.
g. 
Issuance of License; Number Limited; Transfer Fee. The Mayor's designee shall have the power to issue or refuse to issue a license, in pursuance of the terms of this section. The number of licenses shall not exceed four, on per vehicle, four vehicles in total. Any license hereafter issued may be transferred upon the payment of a transfer fee of $50 for each and every such transfer, and subject to the provisions of subsection 5-1.5, upon obtaining the approval in writing of the Mayor's designee.
h. 
Inspection Required Before Issuance of License. No auto cab or taxicab shall be licensed until it has been thoroughly and carefully inspected and examined by the Police Department and found to be in a thoroughly safe condition for the transportation of passengers. Such licensed taxicabs shall be clean, fit and of good appearance and well painted and varnished. Side curtains or shades shall not be permitted on any such licensed vehicles. The Department shall refuse a license to any applicant or, if already issued, revoke or suspend the license of any vehicle found to be unsafe for the transportation of passengers. All reports of such inspections and examinations, after having been submitted to the Mayor's designee shall be filed with the City Clerk and become a part of the application filed for the licensing of such vehicle, as hereinafter provided.
i. 
Contract Compliance Review Board. The Contract Compliance Review Board shall consist of the Mayor or the Mayor's designee, the Police Director and one member of the local Chamber of Commerce. It is the responsibility of the Contract Compliance Review Board to take measures to ensure that all provisions of this ordinance have been met.
1. 
The first complaint or inspection by the Police Department when a taxicab company is found to be noncompliant will result in the immediate suspension of services of the taxicab service until the company can provide the proper documentation or address the area of concern to the satisfaction of the Contract Compliance Review Board;
2. 
The second complaint or documented review where the company is found to be out of compliance or negligent, a hearing will be scheduled with the Contract Compliance Review Board. The Review Board will decide whether to suspend or terminate the license or to allow the company to continue to provide services under the license.
3. 
In the event of a suspension or termination of a license, the City of Lambertville will not prorate the fee of a license.
j. 
Display Requirements. Every licensed taxicab shall display prominently in the interior of the auto/taxicab and in a manner required or approved by the Mayor's designee, the following:
1. 
Its City license number;
2. 
A photo identification of the driver; and
3. 
A contract compliance placard, provided by the City, which advises the public on how to submit a complaint to the Contract Compliance Review Board.
k. 
Register to Be Maintained. The City Clerk shall keep a register of the name of each person owning or operating vehicle or vehicles licensed under this section, together with the license number and the description, make dimension of such vehicles, with the date and complete record of inspections made of them. All applications for licenses shall be filed by the City Clerk and carefully preserved for reference. All licenses issued shall be recorded in books provided for that purpose, which shall be in such form as the Mayor's designee shall prescribe. All such records shall be open to the inspection of the public at all reasonable times and shall be deemed the official records of the Department and of the City.
l. 
Inspection, Written Reports Required. The Police Department shall maintain a constant vigilance over all taxicabs to see that they are kept in a condition of safety for the transportation of passengers, and to this end shall have the right at any and all times to inspect any and all licensed vehicles, and shall maintain a record, in writing of a report of such inspections. All taxicabs found to be out of compliance with this subsection will be given one warning. The second time they are found to not be in compliance with this subsection will require an appearance before the Compliance Review Board.
m. 
Insurance. As defined in N.J.S.A. 48:16-3, no such consent shall become effective until the owner of the auto cab shall have filed with the clerk of the municipality in which such operation is permitted, an insurance policy of a company duly licensed to transact business under the insurance laws of this State conditioned for the payment of business unless the applicant shall have complied with the provisions of Chapter 231 of the Laws of 1926, embodied in N.J.S.A. 48-16, et seq., N.J.S.A. 39:6B-1 and P.L. Chapter 135, Assembly number 1471 of the State of New Jersey, and the acts amendatory thereof or supplemental thereto, relating to the filing of an insurance policy covering the owner or operator of such vehicles for damages to person for which he may become liable by reason of the ownership, maintenance or use of the vehicle, not less than $35,000 of motor vehicle liability insurance coverage, or the rate established and set by State of New Jersey Statutes. All such insurance policies shall be issued to cover the term of the license issued by the City.
n. 
Licenses Revoked or Suspended. Licenses granted under the preceding subsections may be revoked or suspended at any time after notice and hearing by the Compliance Review Board if the vehicle shall not be in a safe condition for the transportation of passengers or not kept in conformity with the terms of this subsection or if used or its use permitted for any improper, immoral or illegal business or purpose, or for the violation of any statute or law of the State of New Jersey or of the United States, or for the violation of any of the provisions of this section, or any of the rules and regulations made by the Appropriate Authority.
o. 
Mayor and Council to Designate Stand. The Mayor and Council are hereby authorized to designate such place or places within the Central Business District or Highway Commercial Zones of the City as public taxicab stands as the Mayor and Council, in its judgment, may deem necessary as may be required for the proper transportation of passengers. The City Clerk is hereby further authorized to grant permits for the operation of taxicabs from private premises as it may deem necessary and proper. No taxicab shall occupy any public taxicab stand unless such taxicab shall have been licensed as provided in this subsection.
p. 
Regulations. No taxicab, while waiting for employment by passengers shall stand on any public street or space other than that at or upon a taxicab stand designated or established in accordance with this section, nor shall any driver of such taxicab seek employment by repeatedly and persistently driving his taxicab to and fro in egress from any theater, hall, hotel, public resort, railroad station or other place of public gathering, and no driver shall solicit passengers for a taxicab except when sitting upon the driver's seat thereof, nor shall any driver of a taxicab solicit employment in the transportation of passengers by driving in or through any public street or public place at a slow rate of speed, commonly designated as "cruising."
Upon request, no owner or driver of a taxicab or other vehicle regulated under this section, unless previously engaged, shall refuse or neglect to carry an orderly person anywhere within the City of Lambertville. Upon request, every driver of a taxicab is required to provide each passenger with a receipt indicating the driver's name, fee and description of the trip.
No person operating a taxicab shall permit or allow any person other than a passenger being transported for hire in or about such taxicab when in service as a taxicab.
q. 
Penalties for Violations. The penalties for violation of this subsection shall be as set forth in Chapter 1, Section 1-5 of the Code of the City of Lambertville.
r. 
The City of Lambertville retains the right to accept or reject applications for taxicab licenses for any reason. Fees will not be prorated or refunded should the applicant be found to be non-compliant.
[1990 Code § 5-1; Ord. No. 05-2012; Ord. No. 15-2013]
a. 
Definitions. Livery, as defined in N.J.S.A. 48:16A-1 et seq. shall mean and include any horse carriage, horse drawn cart, engaging in the business of carrying of passengers for hire, which is held out, announced or advertised to operate or run, or which is operated to run over any of the streets or highways of the City, and particularly accepts and discharges such persons as may offer themselves for transportation from points or places within the City, or which is hired by charter, or for a particular contract, or by the day or hour or other fixed period, or to transport passengers to a specified place or places.
b. 
License Required; Fees for License. The fee for a livery license shall be no less than the sum of $100 per vehicle/carriage. The license will be offered annually by application. The City will offer up to five licenses, one per vehicle or horse drawn carriage. Days of operation are limited to Friday, Saturday, Sunday and/or holidays.
c. 
Issuance of License, Inspection of Liveries; Transfer Fee. The Mayor's designee shall have the power to issue or refuse to issue a license in pursuance of the terms of this subsection. The number of licenses shall not exceed five, one license per vehicle.
Any license hereafter issued may be transferred upon the payment of a transfer fee of $25 for each and every such transfer, and subject to the provisions of this subsection, upon obtaining approval, in writing, of the Mayor's designee.
d. 
Application Information. The application form shall include the name, address, phone number of the owner and each operator, copies of insurance, State of New Jersey Business Registration, Sales Tax Certificate, and any other information as deemed necessary by the Police Department and/or the City Clerk.
e. 
Requirements for Applications. No license to operate a livery shall be granted to any person unless he is a citizen of the United States, or shall have declared his intention to become such a citizen. In the case of a co-partnership, no license shall be granted to operate a taxicab unless such corporation is either incorporated or is duly authorized to do business under the laws of this State. All applicants and prospective taxicab drivers must first submit to criminal history checks (fingerprinting) at a designated Live Scan facility prior to the issuance of a license.
f. 
Inspection Required Before Issuance of License. No livery shall be licensed until it has been thoroughly and carefully inspected and examined by the Police Department and found to be in a thoroughly safe condition for the transportation of passengers. Such licensed taxicabs shall be clean, fit and of good appearance and well painted and varnished. Side curtains or shades shall not be permitted on any such licensed vehicles. The Police Department shall refuse a license to any applicant or, if already issued, revoke or suspend the license of any vehicle found to be unsafe for the transportation of passengers. All reports of such inspections and examinations, after having been submitted to the Mayor's designee shall be filed with the City Clerk and become a part of the application filed for the licensing of such vehicle, as hereinafter provided.
g. 
Display of License. Every licensed livery shall display in a manner required or approved by the Mayor's designee, its City license number upon the issuance of the City license of any livery. There shall be furnished to the owner a card setting forth the name and address of the owner and the number of the license which card shall be promptly displayed in the interior of the livery.
h. 
Register to Be Maintained. The City Clerk shall maintain a register of all licenses granted to liveries and the register and application will be made available to the public upon request.
i. 
Inspection, Written Reports Required. The Police Department shall maintain a constant vigilance over all liveries to see that they are kept in a condition of safety for the transportation of passengers, and to this end shall have the right at any and all times to inspect any and all licensed vehicles, and shall maintain a record, in writing of a report of such inspections.
j. 
Insurance. In accordance with N.J.S.A. 48:16A-2, no vehicle shall be operated wholly or partly along any street in any municipality until the owner of the vehicle shall have filed with the Clerk of the municipality in which such operation is maintained, an insurance policy of a company duly licensed to transact business under the insurance laws of this State in the sum of $10,000 against loss by reason of the liability imposed by law upon the vehicle owner for damages on account of bodily injury or death suffered by any person with a maximum limit of $100,000 for more than one person in any one accident, and in the sum of $1,000,000 against loss by reason of such liability for damage on account of the injury to or destruction of the property of any person, with a maximum of $5,000 for more than one person in any one accident, as the result of an accident occurring by reason of the ownership, maintenance or use of the vehicle upon any public street. Such operation shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amount of $105,000. The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of such vehicle or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
k. 
Licenses Revoked or Suspended. Licenses granted under this subsection may be revoked or suspended at any time after notice and hearing by the Mayor's designee if the vehicle shall not be in a safe condition for the transportation of passengers or not kept in conformity with the terms of this subsection or if used or its use permitted for any improper, immoral or illegal business or purpose, or for the violation of any statute or law of the State of New Jersey or of the United States, or for the violation of any of the provisions of this subsection, or any of the rules and regulations made by the appropriate authority.
l. 
Penalties for Violations. The penalties for violation of this subsection shall be as set forth in Chapter 1, Section 1-5 of the Code of the City of Lambertville.
[Ord. No. 15-2013 § 3]
a. 
Definitions. In accordance with N.J.S.A. 48:16-22.3a, any person who owns a limousine service, or any other company or service which pairs a passenger automobile, as defined In N.J.S.A. 39:1-1, and a driver with a private customer to provide prearranged passenger transportation at a premium fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular route, include, but not limited to, the use of authorized drivers of rental vehicles to provide such passenger transportation, in no event shall it have a seating capacity of more than 14 passengers, not including the driver, shall require an applicant for employment as a limousine operator or driver, or as an operator or driver of any other passenger automobile, as defined in N.J.S.A. 39:1-1.
b. 
License Required. No limousine shall be operated in the City of Lambertville without being registered and licensed in accordance with this subsection and the State of New Jersey.
c. 
Issuance of License. The Clerk of the municipality in which the owner has his principal place of business, upon the filing of the required insurance policy and the payment of a fee shall issue in duplicate a license to operate showing that the owner of the limousine has complied with the terms and provisions of N.J.S.A. 48:16-17.
d. 
Application Information. Application information shall include the name, address, phone number of the owner and each operator, copies of insurance, State of New Jersey Business Registration, Sales Tax Certificate, fingerprinting results and any other information as deemed necessary by the Police Department and/or the City Clerk.
e. 
Requirements for Applications. No license to operate a limousine shall be granted to any person unless he is a citizen of the United States, or shall have declared his intention to become such a citizen. In the case of a co-partnership, no license shall be granted to operate a taxicab unless such corporation is either incorporated or is duly authorized to do business under the laws of this State. All applicants and prospective taxicab drivers must first submit to criminal history checks (fingerprinting) at a designated Live Scan facility prior to the issuance of a license, be 21 years old and possess a State of New Jersey issued driver's license which is currently valid.
In accordance with N.J.S.A. 48:16-22.2b., any person who owns a limousine service shall require an applicant for employment as a limousine operator or driver to be tested, at the applicant's expense, for dangerous controlled substances as defined in N.J.S.A. 2C:35-2.
f. 
Disqualification Under Certain Circumstances. No license shall be granted to operate a limousine to any person, or to any partnership or corporation who is not, or the members of or officer of which are not persons of good moral character, or who has, or if any of the members of the partnership, or officers of the corporation have been convicted of any following crimes: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with or having in his possession any weapon enumerated N.J.S.A. 2C:39-9, or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.A. 2C:35-2. In any other state, territory, commonwealth, or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in this paragraph. If a person who has been convicted of one of the crimes outlined in this paragraph or in N.J.S.A. 48:16-3, and can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:16A-8 or if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving a limousine.
g. 
Issuance of License; Fee. The Clerk of the municipality, in which the owner has his principal place of business, upon the filing of the required insurance policy and the payment of the fee, which shall not exceed $50 shall issue in duplicate a license to operate showing that the owner of the limousine has complied with the terms and provisions of N.J.S.A. 48:16-17.
The original license shall be retained within the limousine and shall be available for inspection by any Police Officer in the State.
The duplicate license shall be filed with Motor Vehicle Commission before any such car is registered as a limousine.
h. 
Inspection Required Before Issuance of License. No limousine shall be licensed until it has been thoroughly and carefully inspected and examined by the Police Department and found to be in a thoroughly safe condition for the transportation of passengers. Such licensed limousine shall be clean, fit and of good appearance and well painted and varnished. Side curtains or shades shall not be permitted on any such licensed vehicles. The Police Department shall refuse a license to any applicant or, if already issued, revoke or suspend the license of any vehicle found to be unsafe for the transportation of passengers. All reports of such inspections and examinations, after having been submitted to the Mayor's designee shall be filed with the City Clerk and become a part of the application filed for the licensing of such vehicle, as hereinafter provided.
i. 
Display of License. Every licensed taxicab shall display in a manner required or approved by the Mayor's designee, its City license number upon the issuance of the City license of any limousine. There shall be furnished to the owner a card setting forth the name and address of the owner and the number of the license which card shall be promptly displayed in the interior of the auto/taxicab.
j. 
Register to Be Maintained. The City Clerk shall keep a register of the name of each person owning or operating vehicle or vehicles licensed under this subsection, together with the license number and the description, make, dimension of such vehicles, with the date and complete record of inspections made of them. All applications for licenses shall be filed by the City Clerk and carefully preserved for reference. All licenses issued shall be recorded in books provided for that purpose, which shall be in such form as the Mayor's designee shall prescribe. All such records shall be open to the inspection of the public at all reasonable times and shall be deemed the official records of the Police Department and of the City.
k. 
Inspection, Written Reports Required. The Police Department shall maintain a constant vigilance over all limousines to see that they are kept in a condition of safety for the transportation of passengers, and to this end shall have the right at any and all times to inspect any and all licensed vehicles, and shall maintain a record, in writing of a report of such inspections.
l. 
Insurance. As required in N.J.S.A. 48:16-14, no limousine shall be operated wholly or partly along any street in any municipality until the owner of the limousine shall have filed with the Clerk of the municipality in which the owner has his principal place of business, an insurance policy of a company duly licensed to transact business under the insurance laws of this State in the sum of $1,500,000 against loss by reason of the liability imposed by law upon every limousine owner for damages on account of bodily injury or death suffered by any person as the result of an accident occurring by reason of the ownership, maintenance or use of the limousine upon any public street.
m. 
Licenses Revoked or Suspended. Licenses granted under this section may be revoked or suspended at any time after notice and hearing by the Mayor's designee if the vehicle shall not be in a safe condition for the transportation of passengers or not kept in conformity with the terms of this subsection or if used or its use permitted for any improper, immoral or illegal business or purpose, or for the violation of any statute or law of the State of New Jersey or of the United States, or for the violation of any of the provisions of this subsection, or any of the rules and regulations made by the Appropriate Authority.
n. 
Penalties for Violation. The penalties for violation of this ordinance shall be as set forth in Chapter 1, Section 1-5 of the Code of the City of Lambertville and N.J.S.A. 48:16.
[1990 Code § 5-2.1]
AUTOMATIC OR ELECTRONIC AMUSEMENT DEVICE
Shall mean a machine of the type commonly known and designated as bagatelle, baseball, football, or pinball amusement games or similar machines and particularly, but not by way of limitation, any and all coin-operated amusement devices of any and all types and kinds, which, upon the insertion of a coin or slug, operate or may be operated for use as a game, contest, amusement or entertainment of any description, or which may be used for any such game, contest, amusement or entertainment, and which contain no automatic payoff device for the return of slugs, money, coins, checks, tokens, or merchandise, or which provide for no such pay-off by any other means or in any other manner whatsoever.
AUTOMATIC VENDING MACHINE
Shall mean any coin-operated machine used for the purpose of selling liquids, candy, food or general merchandise. Up to six coin-operated non-electrical bulk vending machines, located on the same stand, shall be considered to be one machine and require one license. The license fee shall be calculated based on the highest dispensing fee of the bulk vending machines.
MECHANICAL MUSIC MACHINE
Shall mean any coin-operated machine or device over and through which music by transcription is played.
[1990 Code § 5-2.2]
It shall be unlawful for any person to maintain, operate or use within the City any mechanical music machine, automatic or electronic amusement device, automatic vending machine, without first having obtained a license from the City or without complying with all provisions concerning the same contained in this section; and the maintaining, operating or using of such mechanical music machines, automatic or electronic amusement devices, automatic vending machines, without first having obtained a license from the City, or without complying with any and all provisions contained in this section, shall constitute a separate violation for each and every day that such machines and devices are maintained, operated or used.
[1990 Code § 5-2.3]
a. 
Vending Machines. The annual license fee, per machine or device, for maintaining, operating or using such mechanical music machines, automatic amusement devices and automatic vending machines in any one place shall be as follows:
1. 
Mechanical Music Machines - $100 per year per machine.
2. 
Automatic Amusement Devices - $100 per year per machine.
3. 
Automatic Vending Machines - yearly fee:
(a) 
Up to $0.10 $25.
(b) 
Over $0.10 $50.
b. 
The licenses granted pursuant to this section are not transferable.
[1990 Code § 5-2.4]
a. 
Application. Every person maintaining, operating or using such mechanical music machines, automatic amusement devices and automatic vending machines, shall, on or before May 1 annually, make application to the City Clerk for a license to maintain, operate or use such machines or devices. The application shall be filed with the City Clerk and shall be accompanied by the license fee required in subsection 5-2.3.
b. 
Investigation. The City Clerk shall cause an investigation of each application to be made by the Police Department to determine whether the owner, occupant or tenant of the premises upon which or within these machines or devices are to be maintained, operated or used, is complying with all laws of the State of New Jersey and ordinances of the City of Lambertville relating and pertaining to the preservation and protection of the lives, health, morals and general welfare of the inhabitants of the City; and for the purpose of such investigation, such applicants for licenses shall allow and permit the inspection of any such place or premises at all reasonable hours by any Police Officer of the City of Lambertville. The Police Department shall make a report of their investigation to the City Clerk.
c. 
Favorable Report. If the investigation report is favorable, the City Clerk shall issue the licenses. The effective date of each license shall be June 1 annually and such license shall expire on May 31 annually. Every person maintaining, operating or using these machines or devices shall keep said license posted and exhibited, while in force, in some conspicuous part of the premises.
d. 
Unfavorable Report. If the investigation report is unfavorable, it shall be the duty of the City Clerk to refuse the issuance of the license in question. This action of the City Clerk may be appealed to the City Council who shall, after notice and hearing, determine whether the action of the City Clerk shall be affirmed or reversed.
e. 
Licenses Not Pro-Rated. When any such machine or device is installed on any premises in the City before or after May 1 in any year, an application for a license for such machine or device must be made immediately and the same procedure must be followed as outlined above in the case of the annual application. In such cases there will be no pro-rating of the annual license fee and any license issued upon such application shall be effective only to the time for the next annual license.
f. 
Licensee to Be Proprietor, Tenant or Occupant. All licenses hereunder shall be issued to and in the name of the proprietor, tenant or occupant of the premises where the machine or device is to be installed for the maintenance, operation and use thereof.
g. 
Investigation Charge. Whenever any application for a license hereunder is rejected, the City Clerk shall retain for the use of the City 20% of the annual license fee as an investigation charge.
[1990 Code § 5-2.5]
The payment of the license fee required by this section, its acceptance by the City, and the issuance of a license to any person, shall not entitle the holder thereof to use any such machine or device so licensed in any manner which would be in violation of any law or ordinance.
[1990 Code § 5-3.1]
It shall be unlawful for any person whether as principal or agent, clerk or employee, either for himself or any other person, or for any body corporate or as an officer of any corporation, or otherwise, to commence or carry on any traveling circus, traveling show or carnival, whether under canvas or not in the City without first having procured a license from the City and without complying with the provisions contained in this section or in any other ordinance heretofore or hereafter adopted by the City which is or may be in full force and effect; and the carrying on of any traveling circus, traveling show or carnival, whether under canvas or not, without having first procured a license from the City, or without complying with any and all of the provisions contained in this section, or in any other ordinance adopted by the City which is or may be in full force and effect, shall constitute a separate violation of this section for each and every day that such business is so carried on.
[1990 Code § 5-3.2]
The license fees which are fixed for the raising of revenue and for regulation and control, to be paid to the City for the conducting of or engaging in any traveling circus, traveling show or carnival, whether under canvas or not, shall be as follows: $25 per day.
[1990 Code § 5-3.3]
It shall be the duty of the City Clerk to issue a license under this section for every person liable to pay a license hereunder and to state in each license the amount thereof, the period of time covered thereby, the name of the person, firm or corporation to whom issued, the particular business licensed, and the location or place of business where the same is to be carried on. Every person having a license under the provisions of this section and the carrying on such a licensed business shall keep such license posted and exhibited while in force, in some conspicuous part of the place of business. No refund shall be made on any license fee paid on account of a cessation of business after such license shall have been issued.
[1990 Code § 5-3.4]
Every person licensed under this section shall comply with all laws of the State of New Jersey and ordinances of the City relating and pertaining to the preservation and protection of the lives, health, morals and the general welfare of the inhabitants of the City, and, for that purpose, such licensees shall allow and permit inspection of any place licensed under this section at all reasonable hours of the Chief of the Fire Department, the Health Officer and any Police Officer of the City, which officers are hereby authorized and directed and it shall be their duty to make such inspections and report any violation of any laws of the State of New Jersey or of the ordinances of the City of Lambertville relating to the preservation and protection of the lives, health, morals and the general welfare of the inhabitants of the City, to the Mayor and Council, who shall order and direct the officers aforenamed to take such steps that they may deem necessary and lawful to remedy and correct any such violations.
[1990 Code § 5-4.1]
The Mayor and Council are hereby authorized to grant licenses to carry on or conduct billiard parlors, pool parlors and movie theaters.
[1990 Code § 5-4.2]
The charges for such licenses shall be as follows, for each billiard or pool table, $25 for the first table per year and $15 for each additional table per year; for each movie theater $240 per year.
[1990 Code § 5-5.1]
As used in this section the following terms have the meaning indicated:
ITINERANT VENDOR
Shall mean any person, whether a resident of the City or not, and their principals and agents who engage or conduct any business for the sale or offer for sale of goods, wares, or merchandise which is or to be carried on in any building, structure, motor vehicle, railroad car, or real estate for a period of less than six months in each year.
PERSON
Shall mean any individual, corporation, partnership, association or other entity.
[1990 Code § 5-5.2]
The provisions of this section shall not apply to:
a. 
Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of business;
b. 
Wholesale trade shows and/or conventions;
c. 
Sales of goods, wares or merchandise by sample, catalog, or brochure for future delivery;
d. 
Fairs and convention center activities conducted primarily for amusement and/or entertainment;
e. 
Any general sale, fair, auction or bazaar sponsored by any non-profit organization;
f. 
Garage sales held on premises devoted to residential use;
g. 
Sales of crafts or items made by hand and sold or offered for sale by the person making such crafts or handmade items and sold from their residence;
h. 
Sales of agriculture food products, except nursery products and foliage plants;
i. 
Person(s) operating a year-round 12 months established place of business in the City;
j. 
Sales made by a seller at residential premises pursuant to an invitation issued by the owners or legal occupant of such premises.
Any itinerant vendor not otherwise exempted from the provisions of this section shall not be relieved or exempted from the provisions of this section by any reason of associating himself temporarily with any local dealer, auctioneer, trader, contractor, or merchant or by conducting such temporary or transient business in connection with or in the name of any local dealer, auctioneer, trader, contractor or merchant.
[1990 Code § 5-5.3]
It shall be unlawful for any person to engage in an itinerant vendor business activity, as defined in this section, within the corporate limits of the City, without first obtaining a permit of exemption or license as required by the City.
[1990 Code § 5-5.4]
The fees for an itinerant vendor's license shall be as follows: $1,000 for the first month and $500 for each month thereafter, not exceeding in all a period of six months. Upon application for the license in question, the applicant shall, in addition to the bond (see subsection 5-5.6), deposit a sum in cash equivalent to the full amount that would be due hereunder for the license based on the estimated time required. The City will reimburse the licensee if the license is used for less than the full estimated time. It is understood that after the initial $1,000, the $500 monthly additional fee is for the month or any part thereof. Adjustments are not made on a per diem basis. If the license is denied, then 90% of the fee deposited shall be refunded.
[1990 Code § 5-5.5]
Licenses and permits shall be issued for a term of more than six months. Any license or permit issued under this section shall not be transferable.
[1990 Code § 5-5.6]
Before any license shall be issued, the applicant shall execute and deliver to the City a cash bond or a surety bond by a corporate surety authorized to do business in this State and approved by the City Attorney, equal to an amount of 25% of the value of the merchandise to be sold, but in no event shall the bond be less than $5,000. Such bond shall remain in force for one year after the date of expiration of the license and shall be conditioned to indemnify and pay the City any penalties or costs incurred in the enforcement of any provisions of this section and to indemnify or reimburse any purchaser in a sum equal to at least the amount of any payment such purchaser may have been induced to make through the misrepresentation as to the kind, quality, or value of the merchandise, and to indemnify or reimburse any such purchaser in an amount equal to at least the amount of any payment such purchaser may have made to any licensee under this section, the delivery of which is either not made at all, or not made as represented by the licensee. The bonds shall be maintained so long as the itinerant vendor conducts business in the City and for a period of one year after the termination of such business and shall be released only when the itinerant vendor furnishes satisfactory proof to the City Clerk that it has satisfied all claims of purchasers of goods, wares, merchandise or services from such merchant, and that all State and local taxes and other taxes have been paid. This subsection shall not apply to a permit of exemption.
[1990 Code § 5-5.7]
Applicants for a permit of exemption or license shall file with the City Clerk a sworn application in writing on a form to be furnished by the City Clerk, no later than 60 days preceding the sale, which shall give the following information:
a. 
Name and description of the applicant (trade name and business name also to be included).
b. 
Permanent home address and business address, if any, of the applicant; and proposed location of the business.
c. 
Home phone number and business phone number of the applicant.
d. 
A brief description of the nature of the business, the goods to be sold and the name and address of the principal office of their manufacturer, as well as the name and address of the agent designated to receive service of process in the State; and a sketch of the area of the business showing sales area, pedestrians and vehicle traffic patterns, parking, traffic control signs, advertising signs.
e. 
If employed, the name and address of the employer.
f. 
The length of time for which the right to do business is desired.
g. 
A photograph of the applicant taken within 60 days immediately prior to the date of the filing of the application.
h. 
Fingerprints of the applicant, and the names of at least two reliable property owners of the County who will certify as to the applicant's good character and business responsibility, or, in lieu of such names of reference, such other valuable evidence of good character and business responsibility of the applicant as will enable an investigator to evaluate properly such character and business responsibility. Approval or recommendation by the Better Business Bureau or the Chamber of Commerce may be accepted in lieu of the above references.
i. 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violations of any municipal ordinance other than traffic violation, the nature of the offense and the punishment or penalty assessed therefor.
j. 
Proof that property taxes are paid up to date at the location of the property where such business will be conducted. Address, lot and block number of the location where the business activity will take place.
k. 
Sales tax certificate issued by the New Jersey Division of Taxation for the premises and business.
l. 
The days of the week and hours of the day during which the licensed activity will be conducted.
m. 
Written consent of the property owner.
n. 
Such other information as the City Council or its delegated agent may prescribe.
o. 
Any application filed within 60 days of the sale shall be denied.
p. 
Paragraphs h, i, and j shall not apply to permits for exemption.
[1990 Code § 5-5.8]
When the application is properly filled out and signed by the applicant, the original and duplicate thereof shall be filed with the City Clerk. The Clerk shall refer the original to the Police Director who shall make or cause to be made such investigation of the applicant's business responsibility and character as he deems necessary for the protection of the public welfare.
a. 
If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the Police Director shall endorse on such application his disapproval and his reasons therefor and shall return the application to the City Clerk, who shall notify the applicant that his application is disapproved. Any determination by the Police Director that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant; however, such determination is not limited to the items listed below:
1. 
Conviction or pending charges of a crime involving moral turpitude;
2. 
Prior violation of an ordinance or law pertaining to itinerant vendors;
3. 
Previous fraudulent acts or conduct.
4. 
Record of breach of solicited contracts.
5. 
Concrete evidence of bad character.
6. 
Any additional information revealed in the investigation that is not included above.
b. 
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Police Director shall endorse his approval on the application returning the application to the City Clerk, who shall, upon submission of the required bond, issue the proper license to the applicant. The City Clerk shall keep a record of all licenses issued, and of all complaints received, if any, concerning each license.
[1990 Code § 5-5.9]
Licenses issued under this section may be revoked by the Mayor and Council after reasonable notice and hearing, for any of the following causes:
a. 
Misrepresentation or false statement contained in the application for license.
b. 
Misrepresentation or false statements made in the course of carrying on the activities regulated herein.
c. 
Conviction of any crime or misdemeanor involving moral turpitude.
d. 
Conducting the business of an itinerant vendor in an unlawful manner, in violation of this section, or in such manner as to constitute a breach of the peace, or to constitute a menace to the health, safety or general welfare to the public.
e. 
If the licensee has violated the regulations enumerated in the zoning and development ordinances and regulations of the City.
Notice of hearing for revocation of license shall be given in writing setting forth the grounds of the complaint and the time and place of hearing. Such notice shall be served personally upon the licensee or mailed, postage prepaid, to the licensee at the addresses given by the licensee in making application, at least five days prior to the date set for the hearing.
[1990 Code § 5-5.10]
Any person aggrieved by the action of the Police Director or the City Clerk in the denial of an application for a permit or license, shall have the right to appeal to the Mayor and Council. Such appeal shall be taken by filing with the Mayor and Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Mayor and Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the manner as provided here for notice of hearing on revocation. The decision and order of the Mayor and Council on such appeal shall be final and conclusive.
[1990 Code § 5-5.11]
All persons holding a license or permit of exemption under this section shall display the license prominently at the location of such business.
[1990 Code § 5-6.1; amended 12-19-2019 by Ord. No. 29-2019]
It shall be unlawful for any person whether as principal or agent, clerk or employee, either for himself or any other person, or for any body corporate or as an officer of any corporation, or otherwise, to conduct bingo or raffle games without obtaining a license from the City Clerk as required by N.J.S.A. 5:8-1 et seq. or any other state law.
[1990 Code § 5-6.2]
All qualified organizations are exempt for the payment of any municipal licensing fee.
[Ord. No. 2005-04 § 2; Ord. No. 2010-17 § 2]
a. 
The purpose of this section is to adopt a procedure for the registration of all construction contractors who are not required to register with the State of New Jersey to perform certain work within the City of Lambertville. This section shall apply to contractors performing services on all nonresidential sites.
b. 
This section shall apply to all persons, partnerships, corporations or other entities not otherwise licensed by the State of New Jersey who undertake to provide services within the City of Lambertville for a fee.
c. 
Registration pursuant to this section does not relieve the contractor of the requirement to obtain a construction permit or of any liability resulting from contractor's performance of service.
[Ord. No. 2005-04 § 3; Ord. No. 2010-17 § 3]
Services shall mean to erect any new structure, add or remove rooms, dormers or other structures or to improve, modernize or modify an existing room or rooms or structures, including all plumbing, electrical, HVAC (mechanical) and fire additions and/or alternation, or to install, resurface or improve driveways or sidewalks or any improvement whatsoever upon any structure in the City of Lambertville where persons reside, will reside or conduct any type of business upon completion of the work.
[Ord. No. 2005-04 § 4; Ord. No. 2010-17 § 4]
Any person, partnership, corporation or other entity to whom this section applies shall, prior to commencing any work or service as herein described in the City of Lambertville, make application to the City Construction Office for registration as a contractor in the City of Lambertville. The failure to make application for such registration prior to commencement of work or services shall constitute a violation of this section. The form of application may be found on file in the City Offices.
[Ord. No. 2005-04 § 5; Ord. No. 2010-17 § 5]
a. 
All registration numbers issued pursuant to this section shall expire one year from the date of issuance. Such registration may be renewed annually upon payment of the required fee and submission to the City Construction Office of a current certificate insurance.
b. 
The initial fee to register as a contractor in the City of Lambertville shall be $200. The fee for renewal registrations shall be $100.
[Ord. No. 2005-04 § 6; Ord. No. 2010-17 § 6]
Each applicant shall be required to submit a certificate of insurance to the City Construction Office evidencing a current policy for workers compensation insurance and public liability insurance with a minimum liability of $100,000/$300,000.
[Ord. No. 2005-04 § 7; Ord. No. 2010-17 § 7]
The following constitutes but is not limited to grounds for denial or revocation of registration:
a. 
Failure to maintain and keep current an adequate workers compensation insurance policy or certification of no employees requiring workers compensation insurance.
b. 
Failure to maintain and keep current a public liability insurance policy;
c. 
Failure to comply with the construction standards required by State laws or regulations or local ordinances or codes after having been given notice of such noncompliance and failing to alleviate noncompliance without just cause;
d. 
Any of the following:
1. 
Failure to comply with the lawful instructions of the Construction Code Official regarding site safety, or building code violations.
2. 
Altering plans submitted in obtaining a construction (building, electrical, plumbing, fire) permit without further receiving the approval of the Construction Official;
3. 
Failure to obtain a construction permit where required;
4. 
One owner/resident complaint against the contractor for unsafe services, unjustified interruption of work, or substandard workmanship which complaint has been personally verified by the Construction Official or his deputy;
5. 
Failure to complete the project according to terms of contract;
6. 
Failure to correct building, zoning or City violations in connection with project;
7. 
Breach of contract by registrant;
8. 
Failure to request and obtain final inspection approvals and Certificate of Approval/Occupancy within the timeframe allowed by the Uniform Construction Code.
e. 
Any registrant that has had his registration revoked three times, in accordance with this section, the City Clerk or Construction Official may, upon notice to the registrant, request the Mayor and City Council conduct a public hearing to determine whether or not said registrant shall be permanently barred from performing work within the City.
f. 
The revocation of prior registration by the City of Lambertville City Clerk or Construction Official or the revocation of any local contractor's license or registration by another municipality in the State of New Jersey for any cause other than failure to pay licensing or registration fees.
[Ord. No. 2005-04 § 8; Ord. No. 2010-17 § 8]
In the event that the City Clerk denied or revoked a registration to an applicant or has refused to renew such registration upon submission of the required fee, the aggrieved contractor may appeal such denial, in writing to the Mayor and Council of the City of Lambertville. Upon such appeal the following action shall be taken:
a. 
Upon receipt of the written appeal, the City Clerk shall set a date for the Mayor and Council to hear such appeal. This date may be adjourned for a period of 60 days at the request of the Mayor and Council or the contractor.
b. 
At the time, date and place set for the hearing, the Mayor and Council shall hear testimony from the City Clerk and/or Construction Official as to the grounds for denial and hear testimony from the contractor contesting such denial. At the hearing, the contractor shall be entitled to call witnesses and to be represented by counsel.
c. 
At the conclusion of the hearing, a determination shall be made. If denial is deemed to have been inappropriate, the City Clerk shall be directed to issue a registration number to the contractor. If it is determined that the denial was proper, the Mayor and Council shall have the discretion to take one of the following actions:
1. 
Uphold the denial without further action.
2. 
If circumstances warrant, direct the City Clerk to register the contractor upon conditions imposed by the Mayor and Council and Construction Official which are designed to reasonably ensure compliance by the contractor and this section.
3. 
If circumstances warrant, direct the Construction Official to register the contractor when the deficiencies have been alleviated by the contractor to the Construction Official's satisfaction.
d. 
Within 10 business days from the hearing date, the Construction Official and the contractor shall receive notification, in writing, with the determination of the Mayor and Council and any conditions which have been placed upon the approval for the application for registration.
[Ord. No. 2005-04 § 8; Ord. No. 2010-17 § 8]
The Construction Official shall have the responsibility to do the following:
a. 
Monitor the accuracy and current status of the information contained in the application for contractor's registration.
b. 
Keep all registration applications on file so that they are available for inspection and copying by any interested party as public documents.
c. 
Notify the owner of the property on which work is being performed by the contractor of the revocation of contractor's registration for failure to keep current its public liability insurance.
[Ord. No. 2005-04 § 9; Ord. No. 2010-17 § 9]
It shall be considered a violation of this section for any person or firm as described herein to fail to make application for a contractor's registration or to perform any work as described herein without first having applied for and received a contractor's registration number. Following a conviction of violation of this section by a court of competent jurisdiction, a fine of not less than $250 nor more than $1,000 shall be imposed.
[Ord. No. 2005-15]
As used in this section:
OUTDOOR SEATING
Shall mean a retail food establishment (as defined herein):
a. 
Serving food to be consumed by the public at tables located adjacent to the primary building.
b. 
Containing readily removable tables, chairs, and/or planters; and
c. 
Unenclosed by fixed walls or ceilings, except for retractable awnings, umbrellas or other non-permanent enclosures which in no way present a safety hazard to or implied pedestrian traffic.
PERSON
Shall mean any individual, partnership, corporation, association or other entity.
PRIMARY BUILDING
Shall mean the building whose principal facade is adjacent to where the outdoor seating is or is proposed to be located.
PRINCIPAL FACADE
Shall mean that portion of the facade of a building which fronts on a public street.
RETAIL FOOD ESTABLISHMENT
Shall mean an establishment actually located within the primary building for which a current retail establishment inspection certificate has been issued by the Board of Health and shall include, by way of example, a restaurant, hotel, coffee shop, tea room, dining room, cafeteria, luncheonette, sandwich shop, delicatessen, and the like.
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. No. 2005-15]
a. 
No person shall operate outdoor seating within the City without having first obtained an outdoor seating license in accordance with the requirements of this section. The license shall be issued by the Mayor and City Council by resolution and may contain conditions. The license shall not be transferable and shall be for the period of April 15th of the issuing year through April 14th of the following year. The license shall, however, be subject to future amendments to this section or other applicable regulations.
b. 
A person who has received approval by resolution of the Planning Board or Board of Adjustment for outdoor seating is exempt from the above licensing requirement. This exemption applies only for the specified number of seats permitted in the approving resolution.
[Ord. No. 2005-15]
The annual fee for an outdoor seating license shall be $50 per seat payable upon submission of an application for a license. Exempt from the annual license are retail food establishments that have received approval by resolution of the Planning Board or Board of Adjustment for outdoor seating. This exemption applies only for the specified number of seats permitted in the approving resolution.
[Ord. No. 2005-15]
a. 
Each applicant for an outdoor seating license shall submit and file an application with the City Clerk, together with three copies of an Outdoor Seating Plan (as defined below), and the appropriate fee. The application shall set forth:
1. 
The name and address of the applicant;
2. 
The name and address of the owner of the primary building (if other than the applicant); and
3. 
The name and address of the person who has prepared the Outdoor Seating Plan; and shall be accompanied by the written authorization and approval of the owner of the primary building (if other than the applicant).
b. 
The "Outdoor Seating Plan" shall include the following information (and such other additional information, if any as may be deemed necessary and subsequently requested by the City):
1. 
Identification of the primary building and all properties immediately adjacent to such building, including names and addresses of the adjacent property owners; and
2. 
The plan shall be drawn to scale but does not require professional seals. The scaled drawing of the proposed design and location of the outdoor seating shall include setbacks, 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), provisions for the storage of such structures, equipment and apparatus, and the location of any fire hydrant, plug or standpipe, utility pole, parking meter, or other permanent fixture between the primary building and the curb, including a clear indication of the presence of the required pedestrian passageway. If the outdoor seating is located on private property adjacent to the sidewalk, the plan shall demonstrate that pedestrian traffic will in no way be impeded.
3. 
A statement of the seating capacity of the proposed outdoor seating and of the existing retail food establishment actually operated by the applicant in the primary building. The Zoning Officer in conjunction with the City Clerk shall approve or disapprove modification of the Outdoor Seating Plan within 15 business days following its submission.
[Ord. No. 2005-15]
All outdoor seating licenses shall be issued from April 15th and ending April 14th of the following year. Licenses may be renewed annually by the filing of an application in accordance with the provisions of this section.
[Ord. No. 2005-15]
Outdoor seating is authorized and operating pursuant to this section shall comply with all of the following rules and regulations, and such others as may be adopted by ordinance of the City Council.
a. 
The outdoor seating shall be operated and maintained in accordance with the Outdoor Seating Plan as finally approved, and by the same person who operates and maintains the abutting retail food establishment.
b. 
The placement of furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor seating in relation to any fire hydrant, plug or standpipe permanent fixture shall be approved by specific written authorization of the Fire Official based upon his review of the Outdoor Seating Plan.
c. 
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor seating shall be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure.
d. 
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor seating shall be located in or project or protrude into the required pedestrian passageway.
e. 
Any table service provided at the outdoor seating shall be provided by persons engaged or employed for that purpose and shall be furnished to seated patrons only. Table service is not required, and retail food establishments that do not provide table service may operate outdoor seating in which patrons carry their food from inside the premises to tables located in the outdoor seating.
f. 
The outdoor area utilized by the outdoor seating shall be kept clean and free of litter and shall be washed as required. Trash receptacles shall be provided as required and approved by the City. If no table service is provided, the trash receptacles shall include those needed for recycling.
g. 
Noise shall be kept at such a level as to comply in all respects with the provisions of applicable ordinances of the City.
h. 
Outdoor seating shall be permitted to operate only within a licensed facility and only from 7:00 a.m. until 10:00 p.m. Monday through Thursday, and 7:00 a.m. until 11:00 p.m. Friday through Sunday during the months of license period, inclusive.
i. 
Furniture, apparatus, decorations and appurtenances may be secured in accordance with an Outside Seating Plan which describes the method for securing same that is specifically approved by the Chief of Police and the Fire Official, with particular attention being given to issues of ingress and egress and the possibility of the stored material being used to create a public hazard.
j. 
No food may be prepared in the outside seating area or outside the primary building without the approval of the Fire Official.
k. 
The licensee shall comply with all other ordinances of the City.
l. 
Outdoor seating is prohibited on the public sidewalk.
[Ord. No. 2005-15]
The outside area upon which outside seating has been authorized to operate may permit the consumption of alcoholic beverages as follows:
a. 
A retail food establishment that does not possess a liquor license may permit its patrons to consume only beer or wine, which is brought to the premises, by its patrons.
b. 
A retail food establishment that possesses a plenary retail consumption license must amend their liquor license to include the outdoor seating area in order to permit the consumption of alcoholic beverages by its patrons.
[Ord. No. 2005-15]
Upon a determination by the Zoning Officer in conjunction with the City Clerk that a licensee has violated one or more of such provisions, the Zoning Officer 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 outside seating license shall thereupon be revoked.
[Ord. No. 2005-15]
Any person aggrieved by any action of the Zoning Officer, in the denial or revocation of an outside seating license, shall have the right to appeal to the Mayor and City Council. The appeal shall be taken by filing with the City Clerk, within 30 days after the notice of the action complained of has been served personally upon the licensee, or mailed, postage prepaid, to the licensee at the address given by the licensee in making application under subsection 5-8.4, a written statement setting forth fully the grounds for appeal. The City Clerk shall set a time and place of hearing for the appeal, at which time the Mayor and City Council shall conduct a hearing and affirm, modify or reverse the action appealed from.
[Ord. No. 2005-15]
Any person convicted of a violation of any of the provisions of this section shall be subject to a fine of at least $200 and not exceeding $500 for each and every offense for each day in which the violation has not been abated. In addition to the penalty the person shall be responsible for the cost of conviction.
[Ord. No. 07-2013 § 5-12.01]
a. 
No towing operator shall operate within the City for Police requested towing services and/or storage services unless the towing operator has obtained a license issued by the City.
b. 
Licenses shall be issued on an annual basis for the period of January 1 through December 30.
c. 
There shall be no limitation on the number of licenses issued and in effect at one time, so long as each licensee meets the requirements of this section and complies with the tow operator's rules/regulations and guidelines established by the City.
d. 
The application for a license under this section shall be upon forms made available through the office of the City Clerk.
[Ord. No. 07-2013 § 5-12.02]
No tow operator license shall be required for the on-site repair, and/or the towing or storage of any vehicle when the request is received by the towing operator from the motor vehicle owner/operator prior to a Police request, or if the owner/operator of a motor vehicle requests the Police to contact a tow company of the owner/operator's choice for towing and/or storage under the direction and control of the owner/operator.
[Ord. No. 07-2013 § 5-12.03]
a. 
Applications for the initial license shall be available from and must be received by the City Clerk on or before November 1 of each year.
b. 
The City Clerk will forward all complete applications to the Police Director within five days of receipt. The Police Director will conduct, or cause to be conducted, an investigation of each application to verify the information contained in the application, background check, survey of equipment, compliance with established rules and regulations, and such other pertinent matters related to potential licensing or renewal. Upon concluding the review, the Police Director will return a copy of the application to the City Clerk, along with a recommendation for approval or disapproval of a license, and the reasons, if any, for disapproval. The City Clerk shall issue a tow operator license to each qualified applicant, and thereafter, the licensee's name shall be placed on the City Police Department licensed tow operator's list. The Clerk shall forward to any person rejected for a license, a copy of his or her application with the reasons for disapproval.
c. 
The term of the license shall be for one year commencing January 1 and expiring on the next succeeding December 31, and shall list the name of the tow operator business and each employee licensed thereunder.
d. 
Each licensee shall be required to maintain in full force and effect during the term of its license, insurance coverage including garage liability and garage keeper's liability insurance, comprehensive automobile liability insurance, and worker's compensation insurance with limits of not less than those set forth in the tow operator's rules/regulations and guidelines, and provide proof of such coverages to the City Clerk at the time of filing of its license application.
e. 
In the event of any disapproval, suspension or revocation of a license for failure to comply with this section or the tow operator's rules/regulations and guidelines, no refund of application fees shall be given, and payment of another initial application fee shall be required upon applying for reinstatement.
[Ord. No. 07-2013 § 5-12.04]
All application fees submitted to the City are nonrefundable and shall be utilized to offset the cost of processing of the application and license. The fees will be set by resolution adopted by Mayor and Council.
[Ord. No. 07-2013 § 5-12.05]
a. 
The Police Department of the City may conduct a thorough background check of the licensee, its officers, principals, and employees prior to the granting of a license. A conviction for high misdemeanor and/or a motor vehicle record evidencing unsafe driving habits or a disregard for the New Jersey Motor Vehicle Laws, will be considered ample reason to disqualify any applicant or a particular employee. Each prospective licensee shall furnish with its application, executed background check waivers for all officers, principals and employees, in the form provided by the Police Director.
b. 
Each licensee shall submit the names of all employees newly hired during the term of the license for a review and background check, which may be performed by the City Police Department prior to such individual being added to the license and performing any services as described in this section. The license shall be subject to revocation for failure to submit employees to such a background check.
[Ord. No. 07-2013 § 5-12.06]
a. 
The Police Director shall have the right, in his or her sole discretion, to disapprove and suspend or revoke any license issued under this section, upon investigation and the determination that there has been a violation of the tow operator's rules/regulations and guidelines and/or this section by the licensee or its employees.
b. 
The Police Director shall be the sole administrator of the Police Department's licensed Tow Operator's List. All complaints concerning any licensed tow truck company/operator shall be forwarded to the Police Director for review and investigation.
c. 
Any license suspension or revocation shall cause the tow company to be removed from the Tow Operator's List. A licensed tow company which has been suspended or revoked may reapply in accordance with the provisions of this section to be placed on the list as of October 1 of the year after the suspension or revocation.
d. 
An applicant or licensee shall have the right to appeal the decision of the Police Director to the Mayor and Council to disapprove, suspend or revoke its license. Any aggrieved party may appeal the decision of the Police Director by providing a written statement of appeal containing the facts and supporting documentation to the Mayor within seven days of the date of such disapproval, suspension or revocation.
Within 14 days of the receipt of the appeal, the Mayor shall investigate the matter and issue a written report thereon, with copies to the aggrieving party, the Police Director and the City Clerk.
In the event that the matter is not resolved to the satisfaction of the aggrieved party, then the aggrieved party may request a final review of such action by the City Council, by filing a written request with the office of the City Clerk within seven days of the date of the Police Director's written report. Thereafter, the City Council will conduct a review of the matter and issue a final determination no later than the second regular City Council meeting next following the receipt of the written request by the City Clerk.
[Ord. No. 07-2013 § 5-12.07]
The Police Director is directed to monitor, and from time to time, recommend to the Mayor and Council, amendments to the tow operator's rules/regulations and guidelines for consideration and enactment by formal resolution of the Mayor and Council at a public meeting. Prior to the adoption of any amendment to these initial tow operator's rules/regulations and guidelines, the Police Director shall provide to each tow operator licensed under this section, a copy of such proposed amendment at least five days in advance of the public meeting at which the Mayor and Council will consider such recommendations.
[Ord. No. 07-2013 § 5-12.08]
There is established and adopted, a maximum fee rate schedule for the towing and storage by licensees under this section. The maximum fee rate schedule set forth herein shall also be made part of the rules, regulations and guidelines for tow operators, and shall be subject to adjustment, which will be authorized by resolution of the Governing Body and shall include the following categories and be in accordance with N.J.S.A. 56:13-1 et seq. and N.J.A.C. 13:45A-31.4.[1]
Rate Schedule
a. 
Basic Towing Services.
Days (8:00 a.m. to 4:30 p.m.), first mile Nights, weekends and N.J. State holidays, first mile Each additional mile
b. 
Storage Fees.
Inside storage per 24 hours (must have been requested)
Outside storage per 24 hours
Storage and storage fees must be in compliance with N.J.A.C. 13:45A-31.4.
c. 
Other Services. Tire changing, jump starts, fuel, etc., shall be at the basic rate set out in paragraph a of this section. Cleaning up and bagging of liquid spills is an additional expense. The above towing fees do not include heavy duty towing but apply only to a private passenger automobile/utility vehicle. Additional services as may be required for recovery such as uprighting of vehicle, etc. which are considered to be "special cases" may be charged.
AFTER HOURS PICKUP - Shall mean after hours pickup from storage facility.
STAND-BY TIME - Shall mean time at scene of major accidents when so required by police and does not include heavy duty towing.
BASIC TOWING SERVICE -Shall mean the removal and transportation of an automobile from a highway, street or other public or private road, or a parking area, or from a storage facility, and other services normally incidental thereto, but does not include recovery of an automobile from a position beyond the right- of-way or berm, or from being impaled upon any other object within the right- of-way or berm.
REASONABLE YARD CHARGE - Shall mean a one-time charge for crash vehicles that are leaking fluids and store in the tow operators yard.
ADDITIONAL FEES - Shall mean charges not mentioned in this section which are prohibited.
d. 
If a licensed tow operator tows a vehicle at the request of the Police Department, and it is determined by the Police that the vehicle is abandoned, and then the Police Department will direct that the vehicle will then be towed to the Police Impound Yard. The tow operator may then charge the City for a basic daytime tow rate if the vehicle was towed during the day, or the basic night, weekend or holiday rate if the vehicle was towed during that time. The City will only pay the basic rates. All other fees will not apply (mileage, cleanup, storage, etc.).
[1]
Editor's Note: The Rate Schedule can be found on file at the office of the City Clerk.
[Ord. No. 07-2013 § 5-12.09]
All licensees, by applying for and accepting a tow operator's license under this section, agree to and shall indemnify and hold the City and its officers and employees harmless from any liability, expense or costs of suit, including reasonable attorney's fees and costs, arising out of or resulting from any action of the tow operator in performing towing and storage services in the City as a licensee under this section. This indemnification clause shall be included as part of the application for a license and shall also be printed on the applicant's license.
[Ord. No. 07-2013 § 5-12.10]
Any person or entity that shall be found to have violated any provision of this section, or to have submitted a false or misleading application, shall in addition to penalties hereinafter provided in this chapter, be subject to removal from the tow operator's list and/or suspension or revocation of their license. Upon conviction of a violation of this section, the person or entity shall be punishable by the fines and penalties stated in Chapter 1, Section 1-5, General Penalty.
[Ord. No. 11-2016]
The purpose and intent of this section is to assist law enforcement officials and victims of crime in recovering scrap metal by requiring minimum identification, reporting, maintenance, and distribution criteria for licensed dealers in these goods.
No person shall use, exercise, or carry on the business, trade, or occupation of the buying, selling, or pawning of scrap metal without complying with the requirements of this section in the exact manner described within.
[Ord. No. 11-2016]
ACCEPTABLE IDENTIFICATION
Shall mean a current valid New Jersey Driver's License or Identification Card, a current valid photo driver's license issued by another US State, a valid United States Passport, or other verifiable US Government issued identification, which will be recorded on the receipt retained by the dealer and subsequently forwarded to the local police department on request.
DEALER
Shall mean any person, partnership, limited liability company, corporation, or other entity who, either wholly or in part, engages in or operates a scrap metal business involving the buying and/or selling of scrap metal as defined herein, including itinerant businesses, and transient buyers as defined herein.
ITINERANT BUSINESS
Shall mean any scrap metal dealer who conducts business intermittently within the municipality or at varying locations. All itinerant business owners must also comply with Section 5-5 of the Lambertville City Code, 2014.
MUNICIPAL CLERK
Shall mean the statutory officer whose duties are defined in N.J.S.A. 40A:9-133 and may refer to the duly appointed clerk of the "city," "town," "township," "village," or "borough."
PUBLIC
Shall mean individuals and retail sellers, not to include wholesale transactions or transactions between other merchants.
REPORTABLE TRANSACTION
Shall mean every transaction conducted between a dealer and a member of the public in which scrap metal is purchased or pawned.
SCRAP METAL
Shall mean used, discarded, or previously owned items that consist predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel, or alloys.
SCRAP METAL BUSINESS
Shall mean a commercial establishment, which, as one of its principal business purposes, purchases scrap metal for purposes of resale or processing including transient buyers of scrap metal and itinerant businesses, as defined herein. All Itinerant Business owners must also comply with Section 5-5 of the Lambertville City Code, 2014.
SELLER
Shall mean a member of the public who sells scrap metal to a dealer.
TRANSIENT BUYER
Shall mean an operator of scrap metal business, as defined herein, who has not been in the scrap metal business continuously for at least six months at any address in the municipality where the dealer is required to register who intends to close out or discontinue the scrap metal business within six months.
[Ord. No. 11-2016]
No person, partnership, Limited Liability Company, corporation, or other entity shall engage in a scrap metal business, as defined above, within the jurisdiction of the municipality, without having first obtained a license therefore from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly person's offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign regarding the purchase of scrap metal at any location within the municipality shall constitute engaging in business as a dealer of scrap metal within the jurisdiction of the municipality for the purposes of this section. No person, partnership, Limited Liability Company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such item(s) without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of the section and shall be subject to the penalties established in subsection 5-10.9.
[Ord. No. 11-2016]
a. 
Upon receipt of an application completed pursuant to this chapter, the Municipal Clerk shall refer such application to the Police Director, who shall make an investigation of the prospective licensee, pursuant to this section for the purpose of determining the suitability of the applicant for licensing. The investigation shall include, but shall not be limited to the following:
1. 
The experience of the applicant in the business of purchase and sale of scrap metal, although nothing in this section shall be construed to warrant denial of a license solely on the basis of lack of experience;
2. 
The reputation of the applicant for fair dealing in the community, which shall be made among credible sources, which sources shall be disclosed to the applicant in the event of a denial of any license;
3. 
Any criminal record of the applicant including any past convictions for any crime(s), disorderly person's offense(s), or municipal ordinance violation(s) within this or any other jurisdiction. The Police Director may, as part of the application process, require a fingerprint criminal background check through the Federal Bureau of Investigation, Criminal Justice Information Services Division, which may require an additional fee from the applicant.
4. 
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of scrap metal, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business, however applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by subsection 5-10.6d of this section will be stored as well as the location where scrap metal goods purchased will be retained during the mandatory inspection period required in subsection 5-10.6a of this section. All itinerant business owners must also comply with Section 5-5 of the Lambertville City Code, 2014.
b. 
The Police Director shall complete any investigation pursuant to this section within 30 days of the submission of the application to the Municipal Clerk, fully completed by the applicant. If a criminal record check has been requested within the thirty-day period and has not been received by the Police Director within that period, the Police Director may, if all other factors are satisfactory, recommend a conditional issuance of the license subject to the finding regarding criminal record.
c. 
The Police Director shall, upon completion of the investigation, recommend "grant" or "denial" of the license to the Municipal Clerk, who shall grant or deny the license. Any recommendation of denial, shall state fully and specifically the reasons for said recommendation. If the Municipal Clerk accepts the recommendation of the Police Director to deny any license, the applicant shall be notified in writing within 10 days of such denial and the Clerk shall forward to the applicant a statement of the reason or reasons for such denial.
d. 
Grounds for recommending denial of license may include reliable information indicating the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to scrap metal business. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation are an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in subsection 5-10.5, the retention and inspection requirements of subsection 5-10.6, or any other portion of this section. Upon receipt of the recommendation of the Police Director, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by subsection 5-10.7 of this section.
e. 
Whenever any application for a permit is denied, the applicant shall be entitled to a hearing before a three-person panel appointed by the Police Director, at which time the applicant shall be permitted to introduce such evidence as may be deemed relevant to such denial. Any applicant exercising the right to appeal must file a written notice of appeal within 10 days of receiving written notice of denial of a license to act as a scrap metal business.
f. 
No license shall be assignable by the dealer.
[Ord. No. 11-2016 § 5]
For every reportable transaction between a dealer and the public, the dealer shall be required to do as follows:
a. 
Require of each member of the public selling scrap metal acceptable identification as defined above in subsection 5-10.2.
b. 
Require each seller to execute a "Declaration of Ownership," which shall contain the following certification: "My signature confirms that I am the sole legal owner of and am legally authorized to sell the goods being sold. By signing below I certify that I did not obtain and do not possess the identified goods through unlawful means. I am the full age of 18 years and the identification presented is valid and correct."
c. 
Record and issue to each person selling scrap metal on a sequentially numbered receipt:
1. 
The name, address and telephone number of the purchaser, including the clerk or employee of the licensee making the purchase;
2. 
The name, address, date of birth and telephone number of the seller or sellers;
3. 
A photographed recording of the seller in a format acceptable to the Police Director, along with a physical description of the seller, including height and weight (approximate), hair color, eye color, facial hair, if any, etc.;
4. 
A photographed recording of the seller's presented acceptable identification, as set forth in subsection 5-10.2, in a format acceptable to the Police Director;
5. 
A photographed recording for all items sold in a format acceptable to the Police Director;
6. 
The receipt number;
7. 
A full description of the item(s) purchased, including but not limited to the manufacturer, type, amount, form, model, any identifying marks, numbers, dates, sizes, shapes, initials, monograms, and serial numbers;
8. 
The price paid for the item(s);
9. 
The make, model and license plate of the motor vehicle delivering the scrap metal;
10. 
The time and date of the transaction.
d. 
The information outlined in paragraph c above must additionally be documented through the use of an electronic database software system authorized by the Police Director. Installation and training in this software will be made mandatory as of the effective date of this section and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized police officer or any sworn law enforcement officer acting in the performance of their duty as set forth in paragraph f below. Through the use of applicably required computer equipment, and using the electronic format approved by the Police Director, every dealer shall enter all reportable transactions into the electronic database by the end of close of business on the same date as the purchase. The information entered must contain all pertinent information outlined in paragraph c above.[1]
[1]
Editor's Note: This section was adopted March 15, 2016 by Ordinance No. 11-2016.
e. 
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Police Director within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in paragraph c above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in subsection 5-10.6.
f. 
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of scrap metal as well as the articles purchased and, where necessary, relinquish custody of those articles as provided in subsection 5-10.6. Itinerant businesses and transient buyers will be responsible for notifying the Police Director of the address where records and articles will be stored.
g. 
For all reportable transactions between a dealer and a member of the public, the dealer may only accept delivery of scrap metal for purchase by motor vehicle and the license plate of the motor vehicle must be recorded as provided in paragraph c above.
h. 
No scrap metal business shall, except as provided in paragraph i below, purchase:
1. 
Any metal marked with identification of a telephone, cable, electric, water, other public utility, or government entity;
2. 
Any utility access or water meter cover;
3. 
Any street light pole or fixture;
4. 
Any road or bridge guard rail;
5. 
An highway or street sign, traffic directional or control sign, or light signal;
6. 
Any metal beer keg that is clearly marked as being the property of the beer manufacturer;
7. 
Any historical marker, grave marker, or burial vase;
8. 
Any central air conditioner evaporator coils or condensers or catalytic converters that are not attached to a vehicle; or
9. 
Any metal bleachers or benches.
i. 
The provisions of paragraph h shall not apply to purchases of scrap metal from entities who manage such metal in the ordinary course of business. These entities include manufacturing, industrial, government, contractor, individual, or other commercial venders or scrap metal businesses that generate or purchase or process scrap metal in the ordinary course of business.
[Ord. No. 11-2016 § 6]
a. 
All scrap metal purchased by a dealer in a reportable transaction are to be made available for inspection by the Police Director or designee thereof at the designated business address for a period of at least seven calendar days from the date of the transaction information is actually reported to the Police Director in the approved manner described above in subsection 5-10.5. All scrap metal subject to inspection must remain in the same condition as when purchased and shall not be sold, disposed of, changed, modified, or melted by the dealer until the seven-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Police Director of the location where the purchased scrap metal is being held.
b. 
Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by subsection 5-10.5b upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:2-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c. 
It shall be an affirmative defense to any prosecution or administrative proceeding brought against a dealer for a violation of this section if retention for the time period required would have resulted in serious and substantial economic losses to the dealer, or the probability of such losses was significant due to rapid and highly fluctuating market conditions, provided that the persons so charged shall prove the existence of the market conditions giving rise to the aforesaid defense by a preponderance of the evidence. Market conditions, in order to be a defense hereunder, must be such that financial analysts would characterize trading as at or approaching a level or occurrence so as to clearly distinguish trading conditions from normal variations in the market movement in response to economic news or other events.
d. 
In addition to all other reporting requirements, every dealer shall maintain for at least five years, a written record of all purchases of scrap metal in the manner prescribed in subsection 5-10.5c.
e. 
No dealer shall purchase any item covered by this section from any person under the age of 18 or in the absence of providing prior notification of such purchase to the Police Director or business designee identifying the individual from whom such purchase is to be made and the item to be purchased.
f. 
Suspension. The Police Director or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate thereunder. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to subsection 5-10.9 of this section.
1. 
Grounds for Suspension. The following shall constitute grounds for suspension: violation of any provisions of this section, including failure to comply with any training or fees associated with the electronic database software system in use by the municipality; violation of any other statue, regulation, or local ordinance; or any other illegal, improper, or fraudulent activity.
2. 
Procedure for Suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Police Director or a designee hereof shall issue a written notice of suspension of license to the offending dealer and to the Municipal Clerk, which shall set forth the grounds for suspension and notify the dealer of his or her right to appeal, pursuant to paragraph h. A temporary suspension shall be issued immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease all purchasing and/or selling of scrap metal in the municipality until reinstatement.
3. 
Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Police Director or designee, been cured, corrected or appropriately rectified; or if reinstatement is deemed appropriate by the three-person panel appointed by the Police Director, upon the timely filing of an appeal as provided in paragraph h.
g. 
Revocation. A license issued under this section may be revoked by the Municipal Clerk upon written recommendation from the Police Director or designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this section. This penalty shall be in addition to any fines and penalties the dealer may incur under subsection 5-10.9.
1. 
Grounds for Revocation. The following shall constitute grounds for revocation: a third violation under this section; a second violation under this section less than one year after an earlier violation under this section; conviction for a criminal offense within this or any jurisdiction; or multiple violations of any regulations or local ordinances within this or any jurisdiction.
2. 
Procedure for Revocation. Upon a determination that appropriate grounds exist and that a revocation is warranted, the Police Director or designee shall so report to the Municipal Clerk in writing. A temporary suspension will immediately and automatically issue, if one is not already in effect, pending the outcome of the charge. A three-person panel, appointed by the Police Director, shall review the stated grounds for revocation and the panel shall issue an appropriate disposition of either suspension, revocation or reinstatement. If the panel determines that revocation is the appropriate disposition, it shall set forth the grounds for the same in writing in the form of a notice of revocation, which shall be provided to the dealer. The notice shall advise the dealer of the right to appeal. If the panel determines that suspension is the appropriate disposition, it shall provide the dealer with a notice of suspension that shall advise the dealer of the right to appeal. Following revocation, the dealer must relinquish his or her license and must immediately and indefinitely cease operating a scrap metal business within the municipality.
h. 
Appeal. Any applicant wishing to appeal an issuance of a suspension or revocation shall be entitled to a hearing before a three-person panel, appointed by the Police Director, at which time the applicant shall be permitted to introduce such evidence as may be deemed relevant to such suspension or revocation. Any applicant exercising the right to appeal must file a written notice of appeal within 10 days of receiving written notice of revocation or suspension of license.
i. 
A dealer shall have the right to change the location of the licensed business, provided that he or she notified the Municipal Clerk, in writing, of the street address of said new location.
[Ord. No. 11-2016 § 7]
Each dealer covered under this section shall deliver a bond to the Municipal Clerk executed by the applicant as principal and executed by a surety company authorized to do business under the laws of the State of New Jersey as surety. The bond shall be subject to review and approval by the Municipal Attorney, as defined in N.J.S.A. 40A: 9-139, and shall be in the penal sum of $10,000, conditioned for the due and proper observance of and compliance with the provisions and requirements of all ordinances of the municipality in force or which may be adopted respecting the conduct of this business and conditioned also that the bond shall be and remain for the benefit of any person or persons who shall have received judgment against the dealer licensed under this section, which damage shall be established by a judgment of a court of proper jurisdiction. Said bond shall contain the following language: "The obligation of this bond shall, in addition to the party (City of Lambertville), be and remain for the benefit of any person who shall obtain a judgment against obligor and a result of damage sustained in operation pursuant to any license granted under this chapter." Said bond shall be kept for a minimum of one year from the date of issuance of license and must be renewed annually along with the license.
[Ord. No. 11-2016 § 8]
A nonrefundable fee for the initial application and license for an operator of scrap metal business, as covered under this section, is $300. The annual renewal fee for a license is $250. These fees are separate from and in addition to any fees the dealer will be required to pay in relation to the mandatory electronic database system designated by the Police Director, as provided by subsection 5-10.5d of this section. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from the date of its issuance.
[Ord. No. 11-2016 § 9]
Violation of any provision of this section by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in subsection 5-10.6f and g above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in subsection 5-10.6g. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section.
[Ord. No. 11-2016 § 10]
a. 
Any person, partnership, Limited Liability Company, corporation, or other entity engaging in the scrap metal business shall conform to the provisions of this section within 90 days following the effective date of this section.
b. 
All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
c. 
Nothing contained in this section is intended to replace any pre-existing statutory requirements governing scrap metal business, as in N.J.S.A. 45:28-1 et seq. or any other statutory provision regarding any subject matter discussed herein.
d. 
If any subsection, sentence, clause, phrase, or portion of this section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof.