No person shall engage in or carry on any business in the Borough of Wildwood Crest, County of Cape May, New Jersey, nor aid or assist as employee, clerk or otherwise, in carrying on and conducting such business, or in using any vehicles, stand, store or other place or thing, nor sell or offer for sale any goods or materials, rent or offer to rent, or furnish services for which a license is required by the terms of this ordinance, unless a license, as herein provided for, shall have been first obtained.
All license fees shall be due and payable to the Borough Clerk at Borough Hall on or before the first day of May in each year, and all such licenses shall expire on the 30th day of April the next succeeding year. If the license fees are not paid by June 1 a late fee equal to 10% of the fees, but not less than $25 shall be assessed. Fees not paid timely shall be assessed an additional $30 administrative fee if a summons for a violation of § 40-1 is issued. Said administrative fee shall not be waived.
[Amended 1-24-2018 by Ord. No. 1264-2018]
A. 
No license shall be granted by the Borough Clerk until the payment for the same shall have been made. Every license shall specify, by name, the person to whom it shall be issued, the business for which it is granted and the location at which said business shall be carried on.
B. 
In addition no license shall be issued in the event that the applicant is delinquent for a period of 120 days in the payment of any charges for sewer bills, real estate taxes, local assessments or fire inspection fees after receipt of written notice of said payment delinquency.
C. 
The Board of Commissioners may revoke or deny renewal of any mercantile license after written notice and hearing in the event that the holder of the mercantile license becomes delinquent for a period of 120 days or more in the payment of sewer charges, real estate taxes, local assessments or fire inspection fees.
D. 
Should violations of the applicable Property Maintenance Codes which are in force in the Borough of Wildwood Crest exist upon any premises sought to be licensed for mercantile activity by an applicant for a mercantile license, no such mercantile license shall be issued to such applicant for a mercantile license until any and all such violations shall be eliminated.
E. 
Certificate of zoning use compliance: For all new licenses or licenses in which there has been a change of applicant or change of use, applicant must obtain a certificate of zoning use compliance from the Zoning Officer of the Borough of Wildwood Crest in accordance with Chapter 86 of the Code of the Borough of Wildwood Crest prior to the issuance of the license.
F. 
Renewal. The annual renewal of a mercantile license shall not constitute authorization or approval of any change in use that would otherwise require approvals by the Zoning Board of Adjustment or Planning Board of the Borough of Wildwood Crest.
[Amended 1-24-2018 by Ord. No. 1264-2018]
A. 
The license fees to be paid annually, as above provided, to said Borough of Wildwood Crest for conducting the business or furnishing the service hereinafter named at the place to be designated in the license certificate issued therefor shall be as follows:
Business/Service
Fee
Auctioneers Selling Real Estate
$1,125
Beach Concession Ice Cream Sales, per location
$50
Coin Operated Machines, per machine
$25
Hair/Cosmetology Sales
$75
Laundry- Commercial
$500
Lawn Maintenance
$125
Lease for Communication Tower
$1,000
Marina, 40 Slips or Under
$250
Marina, Over 40 Slips
$6.25 per slip
Newspaper Boxes, per box
$15
Parking Lots
$200
Property Rentals (meeting the definition of "tourism lodging" as set forth in N.J.S.A. 40:54D-3:
Apartment/House, per sleep room
$20
Separately Assessed Unit (Condo), per sleep room
$20
Rooming House, per sleep room
$20
Hotel/Motel, per sleep room
$20
Peddlers, Each Salesman on Vehicle
$10
Restaurants, Lunch Stands, Luncheonettes:
Seating Capacity Of 40 Or Under
$125
Seating Capacity Over 40
$175
All Other Businesses/Retail
$250
Yard sale permit (2 per year per resident)
[Added 5-1-2019 by Ord. No. 1304]
$15
B. 
A special fee shall not be required for an operation covered by a general fee.
[New]
All persons owning trucks, wagons or other vehicles licensed as aforesaid shall be assigned and furnished with a number by the Borough Clerk for each truck, wagon or other vehicle in such manner as to enable it to be securely fastened, in plain view, to said truck, wagon or vehicle and shall at no time be removed therefrom or to be attached to any other similar vehicle after having been once so fastened, except upon application to the Borough Clerk.
Licenses issued to peddle goods, wares, merchandise or any article or services shall not authorize or permit such peddling on the beach, the approaches thereto or upon any public platform, park or playground, and all peddling upon the same is hereby expressly prohibited, except as may be permitted by resolution or ordinance or as permitted by vendor/concession contracts publicly bid and properly authorized by the Board of Commissioners of the Borough of Wildwood Crest.
The licenses issued shall be posted in the store, building or shop in a conspicuous place and shall remain so posted during the time for which said license was granted.
No person shall be allowed to transact any business other than that for which said license was issued.
The issuance of a license under this ordinance is in addition to and not in derogation of any law of the State of New Jersey or any ordinance of the Borough of Wildwood Crest regulating the conduct and operation of the business so licensed. Failure to comply with said regulations set up in said laws or ordinances shall be cause for revocation of said license by the Board of Commissioners of the said Borough after due notice, hearing and judgment.
[New]
The proper enforcement of the provisions of this ordinance and related ordinances dealing with the regulation of businesses shall be the proper concern of the Police Department and the Code Enforcement Officer of the Borough.
A. 
Interpretation. In this ordinance the word "person" shall be deemed to include any person, persons, firms, associations, copartnerships and corporations.
B. 
Definition. As used in this ordinance, the following term shall have the meaning indicated:
BUSINESS
Includes any activity offering goods or services, or a combination thereof, for sale or rent and is an inclusive and not an exclusive use thereof. Said business, as described immediately above, contemplates only such business as is lawful under the laws of the State of New Jersey and the United States of America.
[New]
For the violation of any provision of this ordinance the maximum penalty, upon conviction of the violation, shall be a fine not exceeding $2,000 or imprisonment for a period not exceeding 90 days, or both. Each day that a violation of any provision of this ordinance exists shall be deemed a separate offense.
All ordinances and amendments of ordinances previously adopted regulating and fixing fees of mercantile licenses in the said Borough are hereby repealed.
Should any section or portion of the within ordinance be held to be illegal or unconstitutional, said section or portion only shall be severed and the remaining sections and portion thereof shall remain in full force and effect.