[Ord. #254; Ord. #278; Ord. #671; 1972 Code § 63-1; Ord. No. 1072-2018]
As used in this article:
Shall mean and include all kinds of vocations, occupations,
enterprises, establishments and all other kind of activities and matters,
together with all devices, machines, "vehicles" and appurtenances
used therein, any of which are conducted for private profit or benefit,
either directly or indirectly, on any "premises" in the Borough as
set forth in Section 40:52-1 of the Revised Statutes of the State
of New Jersey and the acts amendatory thereof and supplemental thereto.
Shall mean any "person" traveling either by foot, wagon,
automobile, motor-truck or any other type of conveyance from place
to place, from house to house or from street to street, taking or
attempting to take orders for sales of goods, wares and merchandise,
personal property of any nature whatsoever for future delivery, or
for services to be furnished or performed in the future, whether or
not such "person" has, carries or exposes for sale a sample of the
subject of such sale, or whether or not such "person" is collecting
advance payments on such sales. Further, these terms shall include
any "person" who hires, leases, uses or occupies any building, structure,
boxcar, boat, hotel room, lodging house, apartment, shop or any other
place within the Borough of Brielle for the sole purpose of exhibiting
samples and taking orders for future delivery.
Shall mean door-to-door soliciting or soliciting by the use
of circulars, visitations, or any other means, where the canvasser
or his or her employer has not been invited or requested by the owner
(as defined below), to obtain a listing of real property or to confer
with the owner regarding a real estate transaction.
Shall mean any automatic "vending machine" used for the sale
of cigarettes, cigars, tobacco and/or matches, and controlled by the
insertion of a coin or coins.
Shall mean and include any printed or written matter, any
sample or device, dodger, circular, leaflet, pamphlet, paper, booklet
or any other printed or otherwise reproduced original or copies of
any matter or literature:
Which advertises for sale any merchandise, product, commodity
or things; or
Which directs attention to any "business" or mercantile or commercial
establishment or other activity for the purpose of either directly
or indirectly promoting the interests thereof by sale; or
Which directs attention to or advertises any show, theatrical
performance, exhibition or event of any kind for which an admission
fee is charged for the purpose of private gain or profit; or
Which, while containing reading matter other than advertising
matter, is predominately and essentially an advertisement and is distributed
or circulated for advertising purposes or for private benefit and
gain of any "person" so engaged as advertiser or distributor.
|
The foregoing definition of "commercial handbill" shall not
include any newspaper or general circulation, as defined by general
law, or any religious handbook, magazine, newspaper or periodical.
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Shall mean and include any "person" engaged in distributing
"commercial or noncommercial handbills," other than newspapers distributed
to subscribers thereof, for himself or any other "person," upon any
of the public and private streets, places and "premises," other than
his own "premises," in the Borough. This definition shall not prohibit
sale of newspapers, regularly published, through newsboys, newsmen
or from news store "premises" in the Borough.
Shall mean any tag, plate, badge, emblem, sticker or any
other kind of device which may be required for any use in connection
with any license.
Shall mean any music-vending machine, contrivance or device
which, upon the insertion of a coin, slug, token, plate, disc or key
into any slot, crevice or other opening, or by the payment of any
price, operates or may be operated for the emission of songs, music
or similar amusement.
Shall mean any machine, including video machines, operated
mechanically, electrically or otherwise, which, upon the insertion
of a coin, slug, token, plate or disc, may be operated by the public
generally for use as a game, entertainment or amusement, whether or
not registering a score. It shall include such devices as marble machines,
pinball machines, skill ball, mechanical grab machines and all games,
operation or transactions similar thereto under whatever name they
may be included.
Shall mean and include any printed matter or written matter,
any sample or device, dodger, circular, leaflet, pamphlet, magazine,
paper, booklet or any other printed or otherwise reproduced original
or copies of any letter or literature not included in the aforesaid
definition of a "commercial handbill." The aforegoing definition of
"noncommercial handbill" shall not include any newspaper of general
circulation, as defined by general law, or any religious handbook,
magazine, newspaper or periodical.
Shall mean the lessee, sublessee, assignee, managing agent
or other person having the right of ownership or possession or to
sell, rent or lease any real property.
Shall mean and include individual natural "persons," partnerships,
joint ventures, societies, associations, clubs, trustees, trusts,
corporations or unincorporated groups, or any officers, agents, employees,
servants, factors or any kind of personal representatives of any thereof,
in any capacity, acting either for himself or for any other "person"
under either personal appointment or pursuant to law.
Shall mean and include all land, structures, places, and
also the equipment and appurtenances connected or used therewith in
any "business," and also any personal property which is either affixed
to or is otherwise used in connection with any such "business" conducted
on such "premises."
Shall mean any occupant, prospective occupant, lessee, prospective
lessee, buyer, prospective buyer, or any agent thereof.
Shall mean any machine, device, apparatus or thing in or
on which passengers, baggage, merchandise and goods and chattels of
every kind is or may be transported, carried or conveyed, whether
such transportation, carriage or conveyance be on the land, water
on in the air.
Shall mean and include any machine or device, whether automatic
or not, controlled by the insertion of a coin or coins, for the vending
or service of food, liquids, confections, goods, wares, merchandise
or articles of any type, kind of description.
[Ord. #254; Ord. #671; 1972 Code § 63-2]
Shall mean the officer authorized by this section to exercise
the powers and duties herein prescribed.
[Ord. #254; Ord. #671; 1972 Code § 63-3]
The Mercantile License Officer shall be appointed for a term
of one year and shall be appointed by the Mayor and confirmed by the
Council and when so appointed he shall exercise the powers and duties
prescribed in this section. The Governing Body shall, by resolution,
fix the salary to be paid to such Mercantile License Officer.
[Ord. #254; 1972 Code § 63-4]
It shall not be lawful for any person, either directly or indirectly,
to conduct any business as defined in this Chapter, or any sale as
defined in this Chapter, or to operate or conduct a business as a
transient merchant, itinerant vendor, peddler, canvasser, solicitor
or handbill distributor, as defined in this Chapter, or to operate
or put to use any cigarette vending machine, jukebox, vending machines
or mechanical amusement device, or to use in connection with the foregoing
any vehicle, premises, machine or device, in whole or in part, unless
a license or a permit therefor is first procured and kept in effect
at all such times as required by this Chapter or any other law or
ordinance of the Borough.
[Ord. #254; 1972 Code § 63-5]
For the purposes of this Chapter, any person shall be deemed
engaging in business and subject to the provisions of this Chapter
when he does one act of:
[Ord. #254; 1972 Code § 63-6]
The agents, servants, employees or other representatives of
corporations, partnerships, resident or nonresident individual natural
persons, joint adventures, societies, associations, clubs, trustees,
trusts or unincorporated groups shall be personally responsible for
the compliance with this Chapter by their principals and by the businesses
they represent.
[Ord. #254; Ord. #671; 1972 Code § 63-7; Ord. No. 1072-2018]
a.
For a "Going-Out-of-Business Sale" or a "Removal of Business Sale"
or a "Fire or Other Altered Goods Sale," no person shall be granted
a license unless:
1.
He has been the owner of a business as described in the application
for a license hereunder for a period of at least six months prior
to the date of the proposed sale; and
2.
He has not held a similar sale at the location stated in the application
within one year last past from the date of such application; and
3.
It applies to only one business and is not conducted or advertised
in cooperation or by participation with any other business; and
4.
He shall file with the Mercantile Licensing Officer a complete inventory
of goods that are to be offered for sale.
b.
Canvassing or Soliciting for Sale, Lease or Purchase of Real Property.
1.
Canvassing Requirements: Notices.
(a)
Any person, corporation, partnership, limited liability company,
or other institution or entity that canvasses in order to obtain listings
of real property, or to bring about the sale, lease, or purchase of
real property, must provide advanced written notice to the Mercantile
Officer before engaging in such activities. The advanced notice must
provide the following information:
(1)
The names and addresses of the person's engaging in the canvassing
or soliciting.
(2)
The names and addresses of the individuals or companies by which
such persons are employed.
(3)
A listing of the street or streets in the Borough in which the
canvassing or soliciting will take place.
(4)
The starting and ending dates in which the canvassing or soliciting
will take place.
(b)
The notice required hereunder must be filed with the Mercantile
Officer no less than 14 business days prior to the scheduled start
date.
(c)
Provided the notice requirements have been satisfied, the Mercantile
Officer shall issue a permit allowing the canvassing or soliciting
to take place. This permit shall be valid for a period not to exceed
30 days from the date of issuance. Once expired, the permit must be
renewed following the same notice requirements.
2.
Prohibited Acts. No person shall engage in the following acts:
(a)
Promote, influence, or attempt to promote or influence a property
owner, occupant, or tenant to list for sale, sell, or remove from
a lease real property by referring to race, color, sexual orientation,
ethnicity, or religious affiliation of neighbors, prospective buyers
or other occupants or prospective occupants of real property.
(b)
Induce directly or indirectly, or attempt to induce directly
or indirectly, the sale or listing for sale of real property by representing
that the presence or anticipated presence of persons of any particular
race, religion, or national origin in the area has resulted or may
result in:
(c)
Make any representations (or misrepresentations) concerning
the listing or sale of the anticipated listing for sale or the sale
of any real property in any residentially zoned areas for the purpose
of inducing or attempting to induce the sale or listing for sale of
other real property in such area.
(d)
Make any representation to any prospective purchaser that any
block, neighborhood or area has, will, or might undergo an adverse
change with respect to the religious, racial, or ethnic composition
of the block, neighborhood or area for the purpose of discouraging
the purchase of property in a particular area.
(e)
Place a sign purporting to offer for sale any real property
that is not in fact offered for sale.
(f)
Advertise for sale or rental property which is non-existent
or which is not actually for sale or rental.
(g)
Engage in or hire or conspire with others to commit acts or
activities of any nature, the purpose of which is to coerce, cause
panic, incite unrest, create or play upon fear with the purpose of
inducing or attempting to induce the sale or listing for sale of real
property.
(h)
To solicit or canvass any owner whose name and property address
is included on the list maintained by the Municipal Clerk of persons
requesting that they not be canvassed or solicited.
(i)
To engage in any economic reprisal or any other form of intimidation
against any person because that person has filed a complaint, testified,
assisted or participated in any manner in any investigation, proceeding
or conference under the terms of this article.
(j)
To aid, abet, incite, compel or coerce any person to engage
in any of the practices forbidden by this article or to obstruct or
prevent any person from complying with the provisions of this article.
(k)
Refer, directly or indirectly or by implication, to race, color,
creed, ethnicity, or sexual orientation in any advertisement or other
solicitation offering real property for sale or rental.
(l)
Solicit or attempt to solicit the sale or rental or the listing
for sale or rental of real property without furnishing in written
form to the owner or occupier of such real property the name of the
person or organization soliciting such sale, rental or listing.
3.
Enforcement.
(a)
The Police Department and/or the Mercantile Officer are charged
with enforcing the provisions of this article.
(b)
Any person claiming to be aggrieved by an alleged unlawful practice
forbidden by this section may, by himself or by his attorney at law,
make, sign and file a complaint directly with the Police Department
or the Mercantile Officer, or shall forward the complaint to the Police
Department for investigation.
(c)
In addition to any other enforcement actions, the Police Department
or the Mercantile Officer may refer the complaint to the Real Estate
Commission, the New Jersey Division on Civil Rights, or any other
appropriate State or Federal agency for disposition.
4.
Violations and Penalties to Be Assessed.
(a)
Any person convicted of impermissibly canvassing or soliciting
a property owner enrolled on the Borough's "No Knock List" is subject
to the following fines and penalties:
(1)
A maximum fine of $2,000 per offense, with each "No Knock" registrant
impermissibly canvassed or solicited constituting a separate offense.
(2)
Revocation of any permit issued pursuant to this article, and
a period of ineligibility, not to exceed one year, to engage in the
canvassing or soliciting activities covered by this article.
(b)
Convictions for violations of any other provision of this article
carry a fine not to exceed $500, with each property owner canvassed,
solicited, or discriminated against, as prohibited under this article,
constituting a separate offense.
(c)
Activities proscribed under subsections b.4(a) and (b) above
constitute separate offenses subject to cumulative fines and penalties.
5.
Exceptions.
(a)
This article does not apply to real estate that is publicly
advertised for sale or to "open houses," sponsored by the owner or
listed real estate agent for a specific home on a specific day.
(b)
All ordinances or parts of ordinances which are inconsistent
herewith are repealed, but only to the extent of the inconsistency.
(c)
If any part of this Ordinance No. 1072-2018 is invalidated for
any reason by competent authority, that part is severed and the remaining
provisions shall remain in full force and effect.
(d)
This Ordinance No. 1072-2018 shall take effect following its
final passage by the Borough Council, approval by the Mayor, and 20
days after publication as required by law.
[Ord. #254; 1972 Code § 63-8]
In cases covered by subsection 4-3.4, the license shall:
a.
Authorize only one type of sale described in the application at the
location named therein; and
b.
Authorize only the sale of goods described in the inventory filed
with the Licensing Officer and shall forbid additions or replacements;
and
c.
Continue for a period not exceeding three months from the date of
granting of license and shall not be renewable, assignable or transferable.
[Ord. #254; 1972 Code § 63-9]
[Ord. #254; 1972 Code § 63-10; New]
a.
The practice of going in and upon private residences in the Borough
by transient merchants, itinerant merchants, itinerant vendors, peddlers,
canvassers, solicitors, salesmen or others of like occupation, not
having been requested or invited so to do by the owner or owners,
occupant or occupants of the private residences, for the purpose of
soliciting orders for the sale of goods, wares and merchandise, magazines,
services or the like or for the purpose of disposing of or peddling
or hawking the same, without having first obtained a license from
the Borough Clerk for their purpose and having paid a license fee,
as hereinafter provided, is hereby declared to be a nuisance and is
hereby specifically prohibited and punishable as hereinafter provided.
b.
No person shall peddle, solicit sales, canvass or otherwise between
the hours of 7:00 p.m. and 9:00 a.m. the following day, and the foregoing
shall be prohibited on Sundays and legal holidays.
[Ord. No. 1058-2017]
a.
License and Notice Requirements.
1.
Any person, corporation, partnership, limited liability, company,
or other institution or entity that canvasses in order to obtain listings
of real property, or to bring about the sale, lease, or purchase of
real property, must provide advanced written notice to the Mercantile
Officer before engaging in such activities. The advanced notice must
provide the following information:
(a)
The names and addresses of the person's engaging in the canvassing
or soliciting.
(b)
The names and addresses of the individual's or companies by
which such persons are employed.
(c)
A listing of the street or streets in the Borough in which the
canvassing or soliciting will take place.
(d)
The starting and ending dates in which the canvassing or soliciting
will take place.
2.
The notice required hereunder must be filed with the Mercantile Officer
no less than 14 business days prior to the scheduled start date.
3.
Provided the notice requirements have been satisfied, the Mercantile
Officer shall issue a permit allowing the canvassing or soliciting
to take place. This permit shall be valid for a period not to exceed
30 days from the date of issuance. Once expired, the permit must be
renewed following the same notice requirements.
b.
No person shall engage in the following acts of prohibited discrimination:
1.
Promote, influence, or attempt to promote or influence a property
owner, occupant, or tenant to list for sale, sell, or remove from
a lease real property by referring to race, color, sexual orientation,
ethnicity, or religious affiliation of neighbors, prospective buyers
or other occupants or prospective occupants of real property.
2.
Induce directly or indirectly, or attempt to induce directly or indirectly,
the sale or listing for sale of real property by representing that
the presence or anticipated presence of persons of any particular
race, religion, or national origin in the area has resulted or may
result in:
3.
Make any representations (or misrepresentations) concerning the listing
or sale of the anticipated listing for sale or the sale of any real
property in any residentially zoned areas for the purpose of inducing
or attempting to induce the sale or listing for sale of other real
property in such area.
4.
Make any representation to any prospective purchaser that any block,
neighborhood or area has, will, or might undergo an adverse change
with respect to the religious, racial, or ethnic composition of the
block, neighborhood or area for the purpose of discouraging the purchase
of property in a particular area.
5.
Place a sign purporting to offer for sale any real property that
is not in fact offered for sale.
6.
Advertise for sale or rental property which is non-existent or which
is not actually for sale or rental.
7.
Engage in or hire or conspire with others to commit acts or activities
of any nature, the purpose of which is to coerce, cause panic, incite
unrest, create or play upon fear with the purpose of inducing or attempting
to induce the sale or listing for sale of real property.
8.
To solicit or canvass for real estate a property owner enrolled on the Borough's "No Knock List" (see subsection 4-6.3A).
9.
To engage in any economic reprisal or any other form of intimidation
against any person because that person has filed a complaint, testified,
assisted or participated in any manner in any investigation, proceeding
or conference under the terms of this article.
10.
To aid, abet, incite, compel or coerce any person to engage in any
of the practices forbidden by this article or to obstruct or prevent
any person from complying with the provisions of this article.
11.
Refer, directly or indirectly or by implication, to race, color,
creed, ethnicity, or sexual orientation in any advertisement or other
solicitation offering real property for sale or rental.
12.
Solicit or attempt to solicit the sale or rental or the listing for
sale or rental of real property without furnishing in written form
to the owner or occupier of such real property the name of the person
or organization soliciting such sale, rental or listing.
c.
Enforcement.
1.
The Police Department, the Mercantile Officer and the Zoning Officer
are in charge of enforcing the provisions of this subsection.
2.
Any person claiming to be aggrieved by an alleged unlawful practice
forbidden by this subsection may, by himself or by his attorney-at-law,
make, sign and file a complaint directly with the Police Department,
the Mercantile Officer or the Zoning Officer, or shall forward the
complaint to the Police Department for investigation.
3.
In addition to any other enforcement actions, the Police Department,
the Mercantile Officer or the Zoning Officer may refer the complaint
to the Real Estate Commission, the New Jersey Division on Civil Rights,
or any other appropriate State or Federal agency for disposition.
d.
Violations and Penalties.
1.
Any person convicted for violations of any provision of this subsection
is subject to the following fines and penalties, pursuant to N.J.S.A.
40:49-5:
[Added 5-9-2022 by Ord. No. 1118]
[Added 5-9-2022 by Ord.
No. 1118]
a.
The purpose of this section requiring landscaper and tree removal company registration is to ensure that persons defined in subsection 4-3.9.2 are cognizant of the Borough's regulations concerning the Borough's tree protection and yard waste collection regulations. Nothing in this section shall relieve any owner, lessee, or tenant of his or her responsibility to comply with the requirements of the Borough's Tree Protection and Yard Waste Collection Ordinances. In the case of an emergency, the Shade Tree Commission may waive the registration requirements.
b.
No person shall landscape or engage in any landscaping or tree removal
on any public or private property within the Borough for hire without
first registering with the Municipal Clerk, on forms to be supplied
by the Borough.
[Added 5-9-2022 by Ord.
No. 1118]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present
text include the future, words in the plural number include the singular
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
Shall mean to demand and/or accept payment, or compensation
for completion of services.
Shall mean to be in the business, occupation or trade of
adorning or improving any property or portion of property by trimming
or cutting grass or shrubs; by planting, installing, or removing leaves,
branches, grass; flowers, mulch, hedges, or shrubs; or by planting,
removing or installing trees. As used in this section, landscape and
landscaping shall also refer to solicitation of the above-referenced
services.
Shall mean any individual or entity whose existence is recognized
by law, including, but not limited to any partnership, corporation
(for-profit, nonprofit, or municipal and its agencies), firm, association,
or any combination of the foregoing.
Shall mean the actual removal of trees, or direct or indirect
actions resulting in the effective removal of trees through damage
or poison, or similar actions directly or indirectly resulting in
the death of trees.
[Added 5-9-2022 by Ord.
No. 1118]
a.
At the time of registration, applicants shall provide proof that
they have received a copy of and will comply with the provisions of
the Borough's Tree Protection and Yard Waste Collection Ordinances.
At the time of registration, applicants shall also be provided with
a copy of the Borough's Landscapers Rules and Regulations, which
must be complied with at all times.
b.
Every registration shall be issued and renewed on an annual basis
effective February 1 of each year upon payment of an annual fee to
the Borough in the amount of $100 for two tags. Additional tags shall
be furnished at a cost of $10 each at the time of registration; the
cost of replacements for lost or stolen tags shall be $20 each.
c.
No registration shall be required of any owner, lessee or tenant
of real property who shall personally perform activities otherwise
requiring a registration; except that all such work must otherwise
comply with the Borough's ordinance.
d.
The Borough Council may, upon recommendation of the Borough's
Shade Tree Commission or Borough Superintendent of Public Works, or
designee of one or both, after notice and an opportunity for a hearing,
suspend or revoke any registration for violation of law or related
Borough ordinances, or for good cause, which is shown to be prejudicial
to the public health, safety or welfare. When the Shade Tree Commission
or Borough Superintendent of Public Works, or designee of one or both,
has reasonable cause or belief that an emergency affecting the public
health, safety or welfare so requires, said official may temporarily
suspend any registration for a period not to exceed one week or until
the Borough Council can be convened to consider said suspension.
e.
The Borough makes no guarantee or representation regarding the fitness,
knowledge, or qualification of any person that is registered by the
Borough to engage in landscaping for hire.
[Added 5-9-2022 by Ord.
No. 1118]
a.
Any person(s), firm(s), or corporation(s) who violates any provision
of this section shall, upon conviction thereof in Municipal Court,
be punished by imposition of the penalties as stated in Chapter 1-5,
General Penalties.
b.
Each instance of engaging in a separate regulated activity, in violation
of this section, including specifically each tree removed, shall be
deemed a separate offense.
c.
In addition, the Borough may institute a civil action for injunctive
or other relief to enforce the provisions of this section including
requiring the replacement of all trees illegally removed and/or, at
the option of the Borough, the payment of a contribution to allow
equivalent mitigation on public land.
[Ord. #254; 1972 Code § 63-11]
Every person required to procure a license under the provisions
of this Chapter shall submit an application for such license to the
Borough Clerk at the Municipal Building, Brielle, New Jersey, which
application shall be accompanied by the full amount of the fees chargeable
for the license applied for.
[Ord. #254; Ord. #671; 1972 Code § 63-12]
The application shall be a written statement upon the forms
provided by the License Officer and shall contain the following:
a.
Previous license history of the applicant and whether any previous
revocation or suspension and the reasons therefor.
b.
Statement that applicant is not violating the Zoning Ordinance of
the Borough. If applicant occupies a nonconforming use, proof of date
of occupancy and operation must be given.
c.
Statement that applicant is not in default under the provisions of
this Chapter or indebted or obligated in any manner to the Borough,
except for real estate taxes and/or water and sewer assessments.
d.
Such other facts relative to the general personal history of the
applicant, or its officers and managers if the applicant is not an
individual, so as to enable the Borough License Officer to a fair
determination of the eligibility of the applicant.
e.
Name of person to whom license will be issued and his residence address.
If applicant is not an individual, then the names, positions and residence
addresses of all officers and managers of the applicant.
f.
The premises at which the business is to be carried on and the name
and address of the owner of the premises.
[Ord. #254; Ord. #671; 1972 Code § 63-13]
In addition to the requirements of subsection 4-4.2, persons applying for licenses as solicitors, canvassers or handbill distributors shall furnish this further information on their respective applications, or attach the same thereto:
a.
A listing of all misdemeanors, felonies or violations of any municipal
ordinances for which applicant has been convicted, the nature of the
offense and the punishment assessed therefor. If applicant is not
an individual, these provisions shall apply to its officers and managers.
b.
The fingerprints of the applicant or applicants having the management
or supervision of the applicant's business.
c.
The place or places in the Borough where applicant proposes to carry
on business, peddle, solicit, canvass or distribute, and the length
of time he proposes to do so.
d.
The place or places within or without the Borough where applicant,
within two years next preceding the date of the application, did carry
on business, solicit, canvass or distribute.
e.
A statement of the nature, character and quality of the goods, wares
or merchandise to be sold or offered for sale, where manufactured
and located, and proposed method of delivery.
f.
A brief statement of the nature and character of the advertising
done or proposed to be done in order to attract customers.
g.
Credentials from the person, firm or corporation for which the applicant
proposes to do business, authorizing the applicant to act as such
representative.
h.
Such other reasonable information as to the identity or character
of the person or persons having the management or supervision of the
applicant's business, or the method or plan of doing such business,
as the Borough Mercantile License Officer may deem proper to fulfill
the purposes of this ordinance in the protection of the public good.
i.
A photograph of the applicant or applicants taken within 30 days
immediately prior to the date of filing of the application, which
picture shall be two by two inches, the head and shoulders of the
applicant in a clear and distinguishing manner.
j.
If a vehicle is to be used, a description of the same, together with
the license registration number or other means of identification.
[Ord. #254; 1972 Code § 63-14]
No license or renewal shall be issued to a person not of good
moral character, if applicant is not an individual, these provisions
shall apply to its officers and managers.
[Ord. #254; Ord. #268; 1972 Code § 63-15]
Upon written request of the Licensing Officer or the Borough
Clerk, the Chief of Police shall ascertain if the applicant has any
criminal record and report in writing affirmatively or negatively
thereon within a reasonable time, not to exceed seven days after the
request is made. In the even of an affirmative report, the Chief of
Police shall recommend therein his approval or disapproval of the
granting of a license, giving his reasons therefor, such recommendation
to serve as one of the factors to be considered by the Licensing Officer
in making his determination as to whether a license should or should
not be issued.
[Ord. #254; Ord. #268; Ord. #671; 1972 Code § 63-16]
After submission of the application and the required fees to
the Borough Clerk, the Mercantile Licensing Officer shall cause such
investigation to be made of the applicant's business responsibility
and moral character as he deems necessary for the protection of the
public good. Upon receipt of a report from the Chief of Police, and
upon examination of the latter's recommendations, if any, and completion
of his own investigation, if the Mercantile Licensing Officer shall
find that the business responsibility and moral character of the applicant
are both satisfactory, he shall indicate his written approval on the
application within 30 days after the application is filed with the
Borough Clerk. Should the Mercantile Licensing Officer find that either
the business responsibility or moral character of the applicant is
not satisfactory, he shall then indicate his written disapproval on
the application within the same period of time. If approved, the license
shall issue forthwith in the name of the Borough Clerk. If disapproved,
the Mercantile License Officer shall forthwith notify the applicant
and the Borough Clerk in writing of such disapproval and the reasons
therefor, and the applicant shall have 10 days from the receipt of
notice of disapproval to appeal from the decision of the Mercantile
License Officer to the Governing Body, who after due hearing, can
affirm or reverse the decision of the Borough Mercantile License Officer.
[Ord. #254; Ord. #314; 1972 Code § 63-17]
a.
Applications for renewal of license shall be a written statement
on the forms provided by the Licensing Officer; except, however, where
licensee has not reapplied for a license during any one calendar year,
the licensee's application for renewal of a license shall follow the
same procedure as is outlined in the preceding sections for an original
application.
b.
Applications for transfer of a license shall follow the same procedure
as is outlined in the preceding sections for an original application.
[Ord. #254; 1972 Code § 63-18]
All license fees shall be due on January 1 annually.
[Ord. #254; 1972 Code § 63-19]
All licenses shall commence January 1 annually and shall expire
on December 31 in the year of issuance. On transfer of location of
licensed business to a new location within the Borough, or on the
sale of a going business remaining in the Borough, licenses may be
transferred, provided the annual license fee for the year has been
paid and a transfer fee of $5 is paid to the Borough Clerk.
[Ord. #254; 1972 Code § 63-20]
A duplicate license may be issued by the Borough Clerk to replace
any license previously issued, which license has been lost, stolen,
defaced or destroyed without any willful conduct on the part of the
licensee, upon the filing by the licensee of an affidavit sworn to
before a notary public of the State of New Jersey attesting to such
fact and the payment to the Borough Clerk of a fee of $5.
[Ord. #254; 1972 Code § 63-21]
No rebate or refund of any license fee or any part thereof shall
be made by reason of retirement of licensee from business or by reason
of the nonuse of such license for all or any portion of the licensed
year, or by reason of a change of location or business or by reason
of fire or other accident or other casualty rendering the use of such
license ineffective.
[Ord. #254; Ord. #671; 1972 Code § 63-22]
Each license issued hereunder shall state upon its face the
following:
a.
The name of the licensee and any other name under which such business
is to be conducted.
b.
The kind and address of each business so licensed.
c.
The amount of license fee therefor.
d.
The dates of issuance and expiration thereof.
e.
Such other information as the Borough Mercantile License Officer
shall determine.
[Ord. #254; Ord. #671; 1972 Code § 63-23]
Every licensee under this Chapter shall:
a.
Permit access to the licensed premises at all reasonable times by
the Mercantile License Officer for inspection thereof.
b.
Ascertain and at all times comply with all laws and regulations applicable
to such licensed business.
c.
Avoid all forbidden, improper, unlawful or unnecessary practices,
businesses or conditions which do or may affect the public health,
morals or welfare.
d.
Refrain from operating the licensed businesses on premises after
expiration of his license and during the period when his license is
revoked or suspended.
e.
Post and maintain his license upon the licensed premises in a place
where it may be seen at all times. In the case of cigarette vending
machines jukeboxes, vending machines and mechanical and electronic
amusement devices, the license or licenses herein provided for shall
be posted permanently and conspicuously at the location of the machine
or device in the premises wherein the same is to be operated, or maintained
to be operated, and shall have affixed thereto any insignia delivered
for use therewith upon the outside of the same so that it may be seen
at all times.
f.
Carry and display, at all times, his license and identification to
any person requesting the same if licensee is a solicitor, canvasser
or handbill distributor.
g.
Not loan, sell, give or assign to any other person, or allow any
other person to use and display, or to destroy, damage or remove,
or to have in his possession, except as authorized by the Mercantile
License Officer or by law, any license or insignia which has been
issued to said licensee.
h.
In the event the license is issued for a vehicle, automobile, truck
or wagon or any other automotive device, then the licensee shall post
and maintain upon the automotive vehicle an insignia or sticker to
be issued with the license.
[New; amended 4-26-2021 by Ord. No. 1107]
a.
Schedule of License Fees. The licensee fees to be paid annually for
conducting the business or businesses herein named at the premise
or premises to be designated in the license or licenses issued hereunder
shall be as follows:
|
All businesses and canvassers
|
$100 annually
|
|
In addition thereto, any business making use of electronic or
mechanical amusement or vending machines, there shall be an additional
fee
|
$50 each machine
|
[Ord. #254; Ord. #671; 1972 Code § 63-25]
This section shall be enforced by the Mercantile License Officer
and the Police Department of the Borough.
[Ord. #254; 1972 Code § 63-26]
No license shall be required for a delivery in the Borough of
any property purchased or acquired in good faith from such person
at his regular place of business outside of the Borough where no intent
by such person is shown to exist to evade the provisions of this Article.
[Ord. #254; 1972 Code § 63-27]
The Governing Body may authorize the issuance of special permits,
without the payment of any license fees or other charge therefor,
to any public, charitable, educational, literary, fraternal or religious
organizations, for the conduct or operation of a temporary nonprofit
enterprise for a public, charitable, educational, literary, fraternal
or religious purpose. However, applicant shall submit the usual application
form in the manner as hereinbefore required and shall operate, if
granted a permit, in accordance with the requirements of this Article.
[Ord. #1035]
All Brielle residents may register their name, address, and/or
unit/apartment number with the Borough Clerk to be placed on a "No
Knock List," indicating that they do not want canvassers, peddlers,
or solicitors or hawkers of any sort to approach their homes and/or
seek personal contact with the occupants of the registered home. Any
resident who registers acknowledges that Brielle Police, and the Fire
and First Aid Squads are exempt from this provision.
Once registered residents shall remain on the list until they
request to be removed in writing to the Municipal Clerk.
The Municipal Clerk shall maintain the list, keep it current,
and provide copies to the Police Department who shall be charged with
enforcement and shall provide each solicitor, canvasser, hawker or
groups thereof, with a copy of the list to ensure their compliance.
[Ord. #254; 1972 Code § 63-28]
Any permit or license granted or issued pursuant to this section
may be revoked by the Governing Body after notice and hearing, for
any of the following causes:
a.
Any fraud, misrepresentation or false statement contained in the
application for license.
b.
Any fraud, misrepresentation or false statement made in connection
with the selling of goods, wares or merchandise.
c.
Any violation of this ordinance.
d.
Conviction of any crime involving moral turpitude.
e.
Conducting the business licensed under this ordinance, through applicant
himself, or any of his agents, servants or employees, in any unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
[Ord. #254; Ord. #671; 1972 Code § 63-29]
Notice of hearing for revocation of license under subsection 4-6.4 shall be given in writing by the Borough Clerk or the Mercantile License Officer, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notices shall be mailed by certified mail to the licensee at his address indicated on his license application at least five days prior to the date set forth for the hearing.
[Ord. #254; Ord. #671; 1972 Code § 63-30]
In addition to the provisions for revocation, the Mercantile License Officer, the Police Department of the Borough, or any taxpayer or resident of the Borough may make complaint in the Municipal Court of the Borough of Brielle for any violation of this Article, section, paragraph or provision thereof. Upon conviction in such case, for each and every violation, the person committing, taking part or assisting in such violation or violations shall be liable to the penalty stated in Chapter 1, Section 1-5.
