[Ord. #7-88, § 1]
As used in this section:
Shall mean a space provided in a building or structure between
objects resting on the floor or between such object or objects and
a wall petition, column or other fixed part of the building or structure,
designed to permit persons on foot to walk or move from one place
to another in the building. For purposes of this section such aisle
need only be three (3') feet in width between such objects or
between an object and a fixed part of the building or structure. Any
additional space actually provided in a building or structure is not
to be considered as part of the aisle and need not be deducted from
the gross floor area to determine net floor area.
Shall mean any machine, contrivance or device which upon
the insertion of a coin, slug, token, plate, disc, key, or similar
instrument into a slot, crevice or other opening in the machine or
by the payment of any price, operates or may be operated by the public
generally for use as a game, entertainment or amusement, whether or
not registering a score and - shall include without limitation, and
not be limited to such devices as marble machines, pin ball machines,
skill ball, mechanical games, video games, electronic games or operations
or transactions similar thereto by whatever names they may be called.
Shall mean any natural person, partnership, firm, association,
corporation or any other business entity which leases, rents or places
under any kind of arrangement within the Borough one or more amusement
games or devices in premises or in locations owned or controlled by
another.
Shall mean the entire premises including without limitation
the interior and exterior of all buildings, auxiliary buildings, structures
or appurtenant structures, walks, alleys, drives and/or parking facilities
owned or controlled by the operator and or owner operator.
Shall mean the gross floor area of the licensee's premises
less deductions for counter space areas, storage areas, display cases,
the amusement devices themselves, shelving areas, aisles, bathrooms,
office space, stairwells and stairs and other areas which are not
intended or held out for public use. The building inspector - shall
determine the amount of net floor area in square feet in each prospective
licensed premises subject to this section.
Shall mean any natural person, partnership, firm, association,
corporation, or any other business entity which owns or controls premises
or locations within the Borough in which any amusement or entertainment
machine or device is displayed for public patronage, or is placed
or kept for the public.
[Ord. #7-88, § 2]
No natural person, partnership, firm, association, corporation,
or any other business entity which owns or controls premises or locations
within the Borough shall install, maintain, operate, or possess in
any store, premises, location, or building where any business of any
nature or character is conducted or any other place wherein the public
may enter, any amusement games or devices as defined herein without
having first obtained a license to so install, maintain, operate or
possess from the Borough after written application therefor, in accordance
with the terms of this section for each such machine, game or device.
[Ord. #7-88, § 3]
a.
An application properly completed with all information required by
this section supplied.
b.
The licensing fee paid in advance by cash or certified check.
c.
Compliance of the premises sought to be licensed with the requirements
of this section for such premises.
d.
Continued compliance with all requirements of this section.
e.
Certification by the Police Chief or his designated representative
that he has made an investigation of the applicant and premises sought
to be licensed by the applicant, and finds compliance with this section
and all ordinances and laws required to be enforced by him and that
there is no evidence that the applicant has been convicted of a crime
involving moral turpitude, sale or possession of a controlled dangerous
substance or gambling related offenses.
f.
Certification by the Fire Chief or his designated representative
that he has made a thorough inspection of the premises and finds compliance
with this section and all ordinances and laws required to be enforced
by him.
g.
Certification by the Construction Official or his designated representative
that he has made a thorough inspection of the premises and finds compliance
with this section and all ordinance and laws required to be enforced
by him.
h.
Adoption by the Borough Council of a resolution granting such license
upon compliance with this section and the aforesaid requirements.
[Ord. #7-88, § 4; Ord. #11-99 § A]
a.
Each premises shall comply with all requirements of the BOCA Basic
Building Code and any and all other code requirements imposed by the
State of New Jersey. The Construction Official shall determine the
number of square feet of the net floor area in each prospective licensed
premises which is subject to this section and certify to the Borough
Council the net floor area available for such machines and the maximum
number permitted.
b.
(Reserved)
c.
Particular emphasis shall be placed upon obstruction to exits and
free flow of pedestrian traffic to, by, through and around said machines
or devices. Locations in accordance with the above criteria shall
be subject to specific approval by the appropriate fire prevention
authorities of the Borough and the specific approval of the Police
Department of the Borough.
d.
There shall be at least six (6") inches of open space between each
machine and an adjacent wall or partition.
e.
(Reserved)
f.
There shall be adequate ventilation and bathroom facilities provided
for the expected number of patrons and observers of the machines.
[Ord. #7-88, § 5]
a.
At the time of the initial application or annual renewal thereof,
the Chief of Police or his designated representative shall make or
cause to be made an inspection of the premises described in the application
and the type of machine applied for, shall attach to the application
upon completion of his inspection and investigation his report in
writing which shall state the nature and type of machine or device,
the place where and when it is operated and maintained, the name of
the proprietor of the store or premises at or in which the machine
or device is to be operated or maintained, the name and address of
the owner of the premises at or in which the machine or device is
to be operated or maintained, the name and address of the owner of
the particular machine or device, the recommendations of the Chief
of Police and any other pertinent information the Chief of Police
deems necessary. He shall file his report with the Borough Clerk and
a copy with the Fire Chief and Construction Official. He shall also
determine compliance with all other applicable laws or ordinances
required to be enforced by him. He shall also cause a review to be
made of the applicant's criminal record, if any, and shall note
and report any violation of the Borough Code or conviction of a crime
involving moral turpitude, sale or possession of a controlled dangerous
substance or gambling related offenses.
b.
At the time of the initial application or annual renewal thereof, the Chief of the Fire Department or his designated representative shall make or cause to be made an inspection of the premises described in the application, with reference to fire safety generally and the requirements of subsection 4-1.4. He shall also determine compliance with all other applicable laws or ordinances required to be enforced by him. Upon completion of the inspection the Chief of the Fire Department or his designated representative shall issue a written report with all findings, violations of laws or ordinances, if any, and his recommendations and shall file the report with the Borough Clerk and shall file a copy of the report with the Chief of Police and Construction Official.
c.
At the time of the initial application or annual renewal thereof, the Construction Official or his designated representative shall inspect the proposed premises and measure the proposed licensed premises and determine the net floor area in accordance with this section. Upon completion of this measurement he shall issue a written report with his findings which shall include the maximum number of machines for which this premises may be licensed and shall file the report with the Borough Clerk, Chief of Police and Chief of the Fire Department. He shall also determine compliance with subsection 4-1.4 and all other applicable laws or ordinances required to be enforced by him.
[Ord. #7-88, § 6; Ord. #11-99 § B]
a.
The licensee shall not permit any machine to emit loud and disturbing
noises and shall at all times control the sound so as not to cause
disturbance to persons in the vicinity of the machine. The machine
shall not be placed so that the sound is disturbing to the public
in the streets, or to other persons occupying buildings in the immediate
vicinity.
b.
The person operating the premises where the machine is located shall
be liable and responsible for the proper operation thereof, regardless
of whether or not he/she is the actual owner of the machine, or has
rented the same, but this shall not in any way release the actual
owner of the machine or device from liability or responsibility for
violation of this section.
c.
The operator shall not permit, suffer or allow any person to bet
or gamble in any form or manner on the licensed premises and shall
prevent any immoral or illegal conduct or activity from occurring.
d.
No person on the licensed premises shall have illegally in his possession
or under his control or offer to another any controlled dangerous
substance nor shall the operator and/or owner-operator permit, suffer
or allow such person on the licensed premises.
e.
No operator shall permit, suffer or allow the unlawful sale or consumption
of alcoholic beverages upon the licensed premises unless the premises
is properly licensed by the Alcoholic Beverage Commission.
f.
The operator shall at all times maintain good order upon the licensed
premises and shall not permit, suffer or allow any disturbances, congestion
or loitering upon the licensed premises.
g.
No person shall by threats, promises or intimidation seek to control
or direct the placement or removal of any machine or device or amusement
or entertainment machine or device from the premises or location within
the Borough, and any such threat, promises or intimidation shall be
reported immediately to the Police Department.
h.
No person under the age of 18 years of age, unaccompanied by an adult,
shall be permitted to play or operate any amusement games or devices:
1.
Between the hours of 9:00 a.m. and 3:00 p.m. on any day that the
public schools are in session.
2.
Between the hours of 10:00 p.m. and 7:00 a.m. any day next preceding
a day when the public schools are in session.
3.
Between the hours of 11:30 p.m. and 7:00 a.m. on any day next preceding
a day when the public schools are closed.
[Ord. #7-88 § 7; Ord. #11-99 § C]
Application for a license shall be in writing, addressed to
the Borough Clerk and be filed in duplicate with the Borough Clerk.
The application shall set forth the following information:
a.
Full name and address of applicant.
b.
If applicant is an individual, the age, date, place of birth and
social security number of the applicant.
c.
If applicant is a firm, partnership or association, the names and
addresses, ages and places of birth of all members of the firm, partnership
or association.
d.
If the applicant is a corporation, the names and addresses, ages
and places of birth of all officers and directors and the names and
addresses of all stockholders of the corporation owning 10% or more
of all of the issued and outstanding capital stock of the corporation.
e.
Prior criminal record, if any, of each applicant, of any jurisdiction.
f.
Full description of all amusement games, coin-operated amusement
games, machines and amusement machines and devices, including serial
number, if any, name of manufacturer, place of manufacture and year
of manufacture.
g.
Place where the machines or devices are to be displayed and business
is to be conducted or carried on.
h.
Exact location of the machines or devices in the business premises
as indicated on the floor plan, drawn to scale, which shall show all
permanent or semi-permanent fixtures, shelves, etc. as established
in the place of business, and the location of machines or devices
shall be such that it shall not interfere with the safe use of the
premises by the patrons thereof. The application must contain the
total number of square feet to which the applicant customarily invites
or permits the public to occupy and use.
i.
The name and address of the registered agent of the applicant or
person upon whom service of process is authorized to be made. The
aforesaid registered agent or person upon whom service of process
is authorized shall be a resident of the State of New Jersey.
j.
If the applicant is a corporation, there shall be included a corporate
resolution in proper form authorizing the execution of the license
application on behalf of the corporation.
k.
Each applicant shall contain a certification, under oath, made by
the applicant that the information contained in the application and
all attachments thereto is complete, accurate and truthful to the
best of his knowledge and belief.
l.
Each application shall be accompanied by a deposit in cash or certified
check to cover the annual license fee for one year in the amount hereinafter
provided.
[Ord. #7-88, § 8; Ord. #11-99 § D]
The annual fee for an operator of any amusement game, machine
or device, which shall include the premises where the game or games
are located, shall be $200 for the first machine or device licensed
and $25 for each additional machine licensed.
[Ord. #7-88, § 9]
Licenses shall expire on December 31 of the year following the
issuance of any license. Applications for renewal of the license shall
be submitted no later than September 30 of the year in which the existing
license expires. The licensing fee for any license granted after March
of any year shall be prorated according to the number of months remaining
before the license would expire.
[Ord. #7-88, § 10]
Upon application to the Borough Council, the Council may, in
their discretion, transfer a license from one premises to another
or one licensee to another so long as the applicant has complied with
all provisions of this section.
[Ord. #7-88, § 11]
Every license issued hereunder is subject to revocation by the
Borough Council should the licensee, distributor and/or operator,
distribute or operate any device or any amusement or entertainment
machine or device contrary to the provisions of this section or any
other law, ordinance, rule or regulation or fail to cooperate fully
with any enforcement officer or agency. Any material misstatement
or omission in the license application or in any information submitted
therewith or the failure to notify the Borough Clerk in wiring of
any changes by addition or deletion or amendment to the application
or information during the term of any license or renewal shall constitute
sufficient ground for revocation of the license. Such revocation shall
be by the Borough Council after a hearing. The licensee shall be given
10 days notice of the hearing and the notice shall state the grounds
therefor. At such hearing the licensee may submit relevant information
in his own behalf and cross examine witnesses.
[Ord. #7-88, § 12]
No person shall use or permit to be used any of the machines
or devices licensed under this section for the purpose of gambling.
[Ord. #7-88, § 13]
If the Chief of Police shall have probable cause to believe
any device or any amusement or entertainment machine or device is
used for gambling, such machine or device may be seized by the Police
Department and impounded and may be considered as contraband by law.
[Ord. #7-88, § 14]
All the provisions of this section requiring a license shall
also apply to any church, fraternal or veterans' organization
or other religious or charitable nonprofit organization or governmental
department or agency which operates any amusement or entertainment
machine or device exclusively for the use of its members and the guests
of such members and on premises owned or controlled by it; provided
that upon application to the Borough Council, the Council by resolution
may in its sole discretion waive the whole or any part of the fees
required by this section.
[Ord. #7-88, § 15; Ord. No. 3-96]
[Ord. No. 2001-02]
It shall be unlawful for any person, firm, or corporation to
maintain, operate or conduct a junk shop or junkyard, in or upon which
junk as hereinafter described, shall be purchased, sold, stored, repaired,
renovated or restored, within the Borough, without first having obtained
a license for such purpose, as hereinafter provided.
[Ord. No. 2001-02]
As used in this section:
Shall mean the violation of any of the provisions of this
section, or any false statement contained in the application for license,
or failure to pay any license fee when due, or any conviction of the
applicant during the term for which the license was issued for the
violation of any criminal statute or law of the State of New Jersey,
or of any State in the United States, or the United States Government.
Shall mean and include rags, scrap, iron, shavings, borings,
old rope, old iron, brass, copper, tin, lead, aluminum and other old
materials, automobiles, trucks tractors, trailers, construction equipment
and all manner of vehicles which are unfit for reconditioning for
sale for use of transportation, used parts of any of such vehicles
or equipment, old bottles, drums, barrels, glass, lumber, paper, discarded
machinery or parts thereof, old or broken pipe, brick, tubing and
any forms of construction materials, discarded ice-boxes, refrigerators,
freezers, washing machines, water heaters, tubs, bathtubs, water closets,
lavatories and other discarded fixtures, and any other second-hand
articles or used materials and merchandise and such other articles
or things as commonly come within the classification of junk.
Shall mean any person, firm association, partnership, or
corporation which deals in junk for commercial purposes, or who buys
or otherwise acquires or collects or stores junk for commercial purposes
within the Borough, in the manner provided in this section.
Shall mean any lands or parcels thereof on which junk is
collected or placed or stored for commercial purposes or for any remuneration
whatever.
Shall mean any land or building or both whereon a junkyard
is maintained under license hereunder or any junk shop which is licensed,
or any premises for which a license is issued to a junk dealer under
the provisions of this section.
[Ord. No. 2001-02]
a.
All applicants desiring a license for the maintenance of a junk yard
or junk shop, or as a junk dealer, shall first file a written application
signed by the applicant with the Borough Clerk, containing the following
information.
1.
Name and status of applicant: that is whether individual, corporation,
partnership or association. If an applicant is a corporation, the
applicant shall furnish the names and addresses of all officers and
registered agents and shall designate the office of each; if a partnership
or association, the applicant shall state the names and addresses
of all members thereof.
2.
Permanent residence address of applicant.
3.
The place or places of the permanent residence of the applicant for
each of the preceding three years.
4.
A full description of the premises desired to be licensed, including
a metes and bounds description of the lands constituting the premises,
together with a description of any buildings or improvements thereon,
and a sketch, diagram or map of the lands desired to be licensed.
5.
A description of the type and size of any buildings to be maintained
as a junk shop.
6.
A description of materials to be purchased or sold or stored in any
junk shop or in any junk yard, or in which any junk dealer intends
to deal.
7.
A statement of the number and places of arrests or convictions for
crimes against the applicant and the nature of the offenses on which
such arrests or convictions were made.
8.
A statement of the equipment to be used in the operation of the business
and the method of operation.
b.
Applications shall be accompanied by payment of the amount of the
license fee for the period involved.
c.
An applicant for a license shall cause notice of his application
to be published twice in successive weeks, at least once each week,
in a newspaper published and circulating within the County of Somerset,
the first of which publication shall be at least 10 days prior to
the date for consideration of the application by the Borough Council;
and the applicant shall also file due proof of publication with the
Borough Clerk prior to the date for consideration of the application.
d.
The Borough Clerk shall present any application, together with the
fee accompanying the same and proofs of publication, to the Borough
Council at its next meeting following receipt of proofs of publication
from the applicant. In the event the license applied for shall be
denied, the fee accompanying the license shall be returned, less,
however, the sum of 10% thereof to cover the cost of investigation
of the applicant.
e.
If the applicant is not the owner of the site where the business
is to be conducted, the owner's consent to the conduct of the
business described in the application shall be endorsed in writing
on the application, or otherwise annexed thereto.
[Ord. No. 2001-02]
a.
The Borough Council may consider the application for license at the
meeting for which the application and proofs and fees are presented,
or it may set a date for a hearing to be held on the application at
some reasonable time thereafter, which hearing, however, shall not
be later than one month from the date of the Borough Council meeting
considering the same, and at which hearing any objectors to the license
may be heard and may present evidence as well as the applicant and
those in support of the license.
b.
If a date for hearing on the application for license is set, the
Borough Council may investigate the applicant and the matters set
forth in the application through its own officers, employees, or representatives,
and:
1.
The Borough Council shall also obtain a report in writing from the
Tax Collector as to whether the applicant is in default in the payment
of any taxes owing the Borough at the time the application is filed,
which report shall be filed with the Borough Clerk at least five days
before the date of hearing set for the application.
2.
The Borough Council may investigate and consider as part of its determination
for the issuance of a license any unreasonable depreciation of surrounding
property of adjoining owners which might ensue from the establishment
or maintenance of such a business at the location designated in the
application. The proximity of schools, churches, public highways,
the suitability of the applicant to receive the license, which shall
include his arrest or conviction for criminal acts, social and aesthetic
desirability shall also be taken into consideration of such application.
c.
After considering all the evidence with respect to the application,
the Borough Council may issue, or deny the license to the applicant
for good cause revealed by the facts or evidence, and if any application
for license is denied, the Borough Council shall state in writing
the reasons for the denial forming the good cause found by the Borough
Council denying license to the applicant.
d.
The license when issued by the Borough shall be displayed in a conspicuous
place upon the licensed premises at all times.
e.
The Borough Council, after investigating and considering an application
for license hereunder, or after hearing the same shall, if the application
subscribes to the provisions of this section, authorize the Borough
Clerk to issue a license to the applicant, which licensee shall be
effective from the date of issuance to midnight of June 30 in the
year following the date of issue.
[Ord. No. 2001-02]
All licenses granted under this section and all premises licensed
thereunder shall be subject to the following regulations:
a.
Fence or Enclosure Required; Entrances and Exits Locked When Unattended.
1.
A junkyard shall be completely obstructed from view from the public
road. In obstructing the view of the licensed premises from the public
road, the licensee shall have at the time of the application, or shall
construct within 60 days of the granting of any license and before
storing of any junk, a solid board fence or other solid material at
least seven feet high from the ground and built in such manner so
as to obstruct visibility of the junkyard from any public street or
public property from outside the enclosure. The said fence or enclosure
shall be painted with either a white or dark green paint and shall
be maintained in good condition at all times. There shall be no advertisement
allowed or any description of writing on the fence except the owner's
name and description of the character of his business, and such description
or writing shall not exceed an area of six square feet.
2.
The licensed premises shall be enclosed at the entrances and exits
thereto and therefrom by a gate or gates which shall be securely closed
and locked when unattended so as to preclude any entrance to the enclosure
whenever the enclosures may be unattended.
3.
The remaining premises around the junkyard shall be obstructed from
the view of adjoining owners so far as possible by a fence or shrubbery
either seven feet high or of such height as may obstruct the view
from surrounding property as best as may be done.
b.
No junk or rubbish or salvage material of any type shall be maintained
outside the enclosure surrounding the licensed premises of any junkyard,
nor outside of any junk shop licensed hereunder.
c.
No license issued hereunder shall entitle any licensee to operate
under the license at, in, or on any lot, building, or location or
any part thereof other than just specified in the license, and no
license shall be assignable or transferable to any other person or
party whatever.
d.
There shall be no burning of materials on any licensed premises,
and no open fires shall be permitted, except that this shall not prohibit
the controlled use of acetylene torches in salvaging or repairing,
any goods, motor vehicles, or other chattels on the premises or parts
thereof. In the event that fires of accidental nature occur on the
licensed premises in such numbers or such periods of time as to create
a fire hazard to other properties or inhabitants of the Borough, the
Borough Committee may revoke the license granted after due hearing
and notice thereof because of the hazardous nature or conduct of the
business. At all times adequate access shall be provided for fire
fighting equipment.
e.
No materials of an explosive nature shall be maintained or demolished
on any licensed premises.
f.
No materials shall be kept or maintained on the licensed premises
which shall be of such odorous nature as to be offensive to adjoining
property owners or other inhabitants in the area of the licensed premises.
g.
The licensee shall take all reasonable measures to keep rats or other
vermin from the licensed premises.
h.
The licensee shall maintain sufficient fire extinguishers on the
licensed premises at all times and shall also establish fire protection
according to standards recommended by the National Board of Fire Underwriters
for such premises. The licensee shall also report all fires to the
Chief of the Township Fire Department, furnishing date and extent
of fire, and cause, if known.
i.
No licensee hereunder shall purchase any goods, articles, or other
materials whatsoever from any person under the age of 17 years.
j.
The business of the licensee shall be operated in such manner as
not to cause unreasonably loud noises that are either so consistent
or so audible as to be a nuisance to other property owners or inhabitants
in the neighborhood.
k.
No licensee shall stack or place junk above the level of the height
of the fence enclosing a junkyard or otherwise in such manner as to
create a fire hazard or to create a place for the harboring of rats,
mice or vermin.
l.
No licensee shall buy, sell, receive dispose of, conceal or have
in his possession any motor vehicle from which the manufacturer's
serial number or any other number of identification mark has been
removed, defaced, altered, covered, or destroyed with the apparent
purpose of concealing the identity of such vehicle.
[Ord. No. 2001-02]
Any license issued by the Borough may be renewed each year thereafter
without publication of notice of application by furnishing notice
of intention to renew the license in writing with the Borough Clerk
at least 30 days prior to July 1 of the renewal year, and upon payment
of the annual license fee of $1,000. No hearing shall be required
for the issuance of any renewal license unless objections are filed
in writing with the Borough Clerk by any inhabitant or taxpayer of
the Borough against the renewal of the license. In the event a written
objection is filed before renewal as herein provided, the Borough
Council shall set a date for hearing and proceed to hear the objection
and all evidence for and against the issuance of such license not
later than 15 days from the beginning of the renewal period, and at
the conclusion of the hearing the Borough Council may then determine
whether to issue a renewal license or to deny the same if the evidence
presented indicates sufficient cause by virtue of prior violations
of this section by the licensee.
The Borough Council may authorize a temporary permit for such
licensee until the hearing has been completed and a determination
made so that the business of a licensee may not be suspended or interfered
with unreasonably by filing of any written objections.
[Ord. No. 2001-02]
No licensee shall conduct any processing operations or purchases
or sales of materials on the licensed premises after 8:00 p.m. and
prior to 8:00 a.m. of the following day on weekdays.
[Ord. No. 2001-02]
a.
The Borough Council may revoke any license granted at any time during
the period for which the license was issued on the Borough Council's
own action, or on the objection of any taxpayer or inhabitant of the
Township for good cause shown after a hearing provided to the licensee
following complaint in writing and at least seven days notice to the
licensee setting forth the grounds of complaint.
b.
The licensed premises shall be open to inspection by the Fire Department,
Board of Health, and other authorized officials of the Borough, at
any reasonable time of day or night.
[Ord. No. 2001-02]
a.
The annual fees for each license issued hereunder shall be the sum
of $1,000 which shall be prorated where the license shall not have
been issued on July 1 of a year, and any period of a month over 15
days shall constitute a full month, and any period less than 15 days
shall constitute a half month for the purpose of prorating the annual
fee.
b.
Payment of the fees shall accompany filing of all applications for
licenses or for any intention to renew thereafter. In the event an
application for license is denied or renewal license is denied, the
fee shall be returned, less 10% for the cost of the Township in investigating
the same. In the event that license shall be revoked for good cause
shown or terminated voluntarily by the licensee, there shall be no
refund of any portion of the license fee.
[Ord. 11/10/64, § 1]
As used in this section:
Shall mean the Board of Health of the Borough of South Bound
Brook.
Shall mean an establishment or place of business conducted
for the purpose of washing, cleaning, drying or laundering clothes
or other washable materials that may be brought to the establishment
or place of business by customers and wherein the work is done in
machines, coin-operated or otherwise, located on the premises, by
the customers themselves or by or under the supervision of the owners
or operators of the establishment or place of business for the customers,
and shall include a "laundromat," "wash-o-mat," and similar names
or types under which laundering of the self-service type is carried
on.
[Ord. 11/10/64, § 2]
It shall be unlawful for any person to maintain any launderette
within the Borough without having first obtained a license therefor.
Application for such license shall be filed with the Borough Clerk.
The application shall set forth the name and address of the person
who will maintain the launderette, the exact size thereof, where the
launderette will be operated, and the number and type of machines
to be used in the launderette. A separate application and license
shall be required for each establishment. Each license shall expire
on December 31 following the date of issuance.
[Ord. 11/10/64, § 3]
Before any applicant shall be entitled to a license, the application
shall be reviewed and investigated by:
a.
The Fire Department so as to determine whether the premises complies
with proper safety standards relative to fire prevention.
b.
The Construction Official of the Borough who shall certify that the
location of the proposed licensed premises for the launderette operations
complies with the Zoning chapter and Building Code of the Borough
of South Bound Brook.
c.
The Board of Health or its designated official so as to determine
whether the premises and operations carried on therein comply with
proper health standards, who shall certify that the granting of the
license will not violate any statute of the State of New Jersey or
ordinance of the Borough, or other health regulations pertaining to
the health, welfare and safety of the public.
[Ord. 11/10/64, § 4; Ord. 4/13/65, § 1; Ord. 1/9/65, § 1; Ord.
3-98, § 1]
The annual license fee for the full year or any portion thereof
shall be at the rate of $50 for each washing machine and $10 for each
drying machine installed.
[Ord. 11/10/64, § 5]
The entire premises devoted to the operation of the launderette,
and all the machines used in connection therewith, shall be kept in
a clean and sanitary condition. The floor shall be kept clean and
dry. The premises shall be adequately ventilated and provided with
sufficient natural or artificial light. The walls of the premises
shall be covered with non-absorbent paint, cement, or other impervious
material. All plumbing work shall at all times be kept in a good condition
and state of repair. The premises shall comply in all respects with
the requirements, regulations and provisions of the Fire Department,
Board of Health, Plumbing section, Building Ordinance, and Fire Prevention
chapter of this Code.
[Ord. 11/10/64, § 6]
No machinery used in the operation of a launderette shall be
operated in such manner as to cause unnecessary or inexcusable noise
or vibration to the annoyance of residents in the surrounding neighborhood,
or to the detriment of the well being of the neighborhood or to the
premises in the neighborhood.
[Ord. 11/10/64, § 7]
It shall be unlawful to keep any such launderette open for business
between the hours of 11:00 p.m. and 6:00 a.m., prevailing time, unless
there is an adult attendant in charge of the premises during such
hours.
[Ord. 11/10/64, § 8]
Machines used for washing and drying shall be kept thoroughly
clean and in a sanitary condition at all times. All machines shall
be kept in working order. Machines not in working order shall be taken
out of service immediately.
[Ord. 11/10/64, § 9]
a.
There shall be available an adequate supply of water for flushing
and cleaning purposes. All washing machines shall be furnished with
an ample supply of hot water when the machines are operated for washing
clothes or other washable materials.
b.
No water from the operation of the launderette shall be discharged
into the storm sewer of the Borough, but shall be discharged only
into the sanitary sewer of the Borough.
[Ord. 11/10/64, § 10]
Detergents, chemicals or substances that may in any way damage,
injure or corrode such sanitary sewer or in any way interfere with
the operation of such sewer shall not be used in the operation of
the launderette.
[Ord. 11/10/64, § 11]
a.
A launderette operated, conducted or maintained in violation of any
of the provisions of this section is hereby declared to be a nuisance
and detrimental to public health.
b.
Where the Board of Health finds that a launderette is being operated
or maintained in violation of the provisions of this section or any
ordinances of the Borough so as to constitute a nuisance, the Board
of Health shall notify the owner of the premises or the operator of
the launderette, or both, to abate the nuisance at the expense of
such owner or operator. Such notice shall be in writing and shall
specify a time within which such nuisance shall be abated. If such
owner or operator shall not comply with such notice within the time
so specified, the Board may proceed to abate the nuisance at the expense
of such owner or operator, or both, as provided by law.
c.
Where the Board of Health finds that continued operation of the launderette,
while a violation exists, constitutes a distinct and immediate hazard
to public health, the Board is hereby authorized to prohibit the owner
or the operator of the launderette, or both, from operating or permitting
the operation of the launderette, until such time as the violation
is corrected and the nuisance abated.
[Ord. 6/24/53, § 1]
As used in this section:
Shall mean any open air plots of ground, lot or land within
the Borough where motor vehicles are exhibited or are stored, parked,
kept or located for sale or exchange.
[Ord. 6/24/53, § 2]
No person, firm or corporation shall manage, conduct, operate
or carry on the business of an open air parking station for the sale
or exchange of motor vehicles as defined by this section without first
having obtained a license.
[Ord. 6/24/53, § 3]
The application for such license for the business of managing,
conducting and carrying on an open air parking station for the sale
or exchange of motor vehicles shall be made to the Borough Clerk and
shall accurately specify the location of the open air parking station,
the portion of the lot to be used and the number of square feet or
area occupied thereby. The application shall be accompanied by a map
or sketch showing the exact location of the proposed parking station
and the area proposed to be used.
[Ord. 6/24/53, § 4]
The annual license fee for such open air parking station for
the sale or exchange of motor vehicles shall be as follows:
a.
For any such parking station having a square foot area of not more
than 10,000 square feet the sum of $100.
b.
For any such parking lot having a square foot area in excess of 10,000
square feet the sum of $200.
Such permit or license shall run for a period of one year from
the date of its issuance.
[Ord. 6/24/53, § 5]
Within 10 days after any such license is granted hereunder the
area included in the license shall be provided with one entrance to
the premises not exceeding ten (10') feet in width, to permit
the entrance and exit to the premises. There shall be no opening for
entrance or exit along the street line except where the street curb
has been lowered in accordance with the Borough regulations if a Borough
street and in accordance with the County Engineers Office regulations
if a County Street.
[Ord. 6/24/53, § 6]
No person, firm or corporation shall conduct, operate or carry
on the business of an open air parking station for the sale or exchange
of motor vehicles between the hours of 10:00 p.m. and 6:00 a.m. of
the following day.
[Ord. 6/24/53, § 8]
The permits or licenses issued hereunder are not transferable
or assignable, except with the consent of the Borough Council and
the business or occupation shall be conducted only at the place therein
specified.
[Ord. 6/24/53, § 9]
No motor vehicle or other object shall be exhibited, stored,
parked, kept or located under the license issued thereunder on any
street, sidewalk or part thereof.
[Ord. 6/24/53, § 10]
This section is enacted for the purpose of raising revenue and
for the regulation and control of open air parking stations for the
sale or exchange of motor vehicles.
[Ord. 6/24/53, § 11]
The provisions of this section shall not apply to or be understood
to apply to any lot or plot of land occupied by a public garage building
or service station wherein the business of public automobile repair
or storage is maintained or conducted, but this shall not be construed
to exempt any premises adjacent to any such garage building or service
station from the provisions of this section.
[Ord. 7/8/69, § 1]
As used in this section:
Shall mean any automobile engaged in a business of carrying
passengers for hire which does not operate over a fixed route and
is not hired by the day or hour.
[Ord. 7/8/69, § 2]
No person shall own or operate any taxicab on any of the public
streets, roads, or other public places of the Borough without first
obtaining a license for that purpose from the Borough Clerk issued
with the consent and approval of the Mayor and Council.
[Ord. 7/8/69, § 3]
No person shall be granted a taxicab owner's license unless
such person shall be at least 18 years of age and shall have filed
an application verified by oath or affirmation with the Borough Chief
of Police upon such forms as are provided by him and same shall contain
the following information:
a.
Name and address of applicant. If the applicant is a corporation,
its name, address of its principal place of business and the name
and address of its registered agent.
b.
A statement as to whether the applicant has ever been convicted of
violating any criminal or quasi-criminal statute, including traffic
laws and municipal ordinances. If the applicant has been convicted,
a statement as to date and place of conviction and the nature of the
offense and the punishment imposed.
c.
The number of vehicles to be operated by the applicant and the make,
model, and type thereof.
d.
The previous experience of the applicant in the transportation of
passengers for hire.
e.
Proof that the applicant is insured as required by N.J.S.A. 48:16-3
et seq.
f.
The execution of a power of attorney in accordance with the provisions
of N.J.S.A. 48:16-5.
[Ord. 7/8/69, § 4]
The Mayor and Council shall by resolution grant or deny the
application for a taxicab owner's license. If the application
is granted, the Borough Clerk shall issue the license upon receiving
from the applicant proof that he has complied with the laws of the
State of New Jersey relating to the operation of taxicabs. The license
shall state the name and address of the licensee, the number of vehicles
which the licensee is authorized to operate, and the date of issuance
of the license.
[Ord. 7/8/69, § 5]
A taxicab owner's license shall expire on December 31 of
the year of issuance and shall not be transferable. Application for
renewal shall be made in the same manner as application for an initial
license. The renewal application shall be presented to the Mayor and
Council at its first regular meeting in the month of December of each
year. The fee for a taxicab owner's license shall be seventy-five
($75.00) dollar per year payable upon the filing of the application
for the issuance or renewal of the license. The fee shall not be prorated.
[Ord. 7/8/69, § 6]
The number of taxicab owner's licenses outstanding at any
one time shall not exceed six and no person shall operate or control
more than two taxicab owner's licenses at any one time.
[Ord. 7/8/69, § 7]
No person shall be granted a taxicab driver's license unless
such person shall be at least 18 years of age and shall have filed
an application verified by oath or affirmation with the Borough Chief
of Police upon such forms as are provided by him and same shall contain
the following information:
a.
Name, address, and age of applicant.
b.
Applicant's New Jersey motor vehicle operator's license
number.
c.
A statement as to whether the applicant has ever been convicted of
the violation of any criminal or quasi-criminal statute, including
municipal ordinances and traffic laws. If the applicant has been convicted,
the date and place of the conviction, the nature of the offense and
the punishment imposed.
d.
A list of all the places where the applicant has ever applied for
or been granted a license to drive a taxicab.
e.
A statement as to whether the applicant's license to operate
a motor vehicle or his license to drive a taxicab has ever been suspended
or revoked, or his application for the issuance or renewal of either
license denied and, if so, the date and place of the denial, suspension
or revocation and the reasons therefor.
f.
The names and addresses of all persons by whom the applicant has
been employed for the past five years, the positions held, and the
nature of the work performed.
g.
Three photographs at least two inches by two inches (2" x 2") clearly
showing the head and shoulders of the applicant.
h.
Appropriate evidence that the applicant is not a narcotics addict,
alcoholic or habitual drunkard, is of good moral character and clean
in dress and person.
i.
A physician's certificate certifying that the applicant is not
affected by any condition, illness, or disease which might render
him unfit for the safe operation of a taxicab or motor vehicle.
j.
The application shall be accompanied by the yearly fee for the initial
license period.
[Ord. 7/8/69, § 8]
The Mayor and Council shall by resolution grant or deny the
taxicab driver's license application. If the application is granted,
the Borough Clerk shall immediately issue the applicant a taxicab
driver's license. The license shall contain the licensee's
name and address, physical description, signature and photograph,
and same shall be conspicuously displayed in a manner so that it can
be easily seen by all passengers in the taxicab.
[Ord. 7/8/69, § 9]
An initial license to drive a taxicab shall be valid for the
remainder of the calendar year for which it was issued. A taxicab
driver's license may be renewed annually upon the payment of
a twenty-five ($25.00) dollar fee unless it has been revoked or suspended.
[Ord. 7/8/69, § 10]
All applications for an owner's or driver's taxicab
license, either new or renewal, shall, after being filed with the
Chief of Police, be referred to the Police Committee for investigation
and the Committee shall thereupon investigate the application and
report the same to the Mayor and Council for approval or disapproval
of the application.
[Ord. 7/8/69, § 11]
The Council shall periodically establish the rate schedule to
be in effect within the Borough. In case of trips not covered by the
provisions of this section, the fare shall be established by agreement
between the driver of the taxicab and his passenger. Such rates as
herein enumerated shall prevail until changed by resolution of the
Mayor and Council.
[Ord. 7/8/69, § 12]
Every vehicle licensed under this section shall at all times
have displayed on each side thereof a schedule of rates and the number
of the current license under which it is operated.
[Ord. 7/8/69, § 13]
All licensed taxicabs and vehicles shall congregate and solicit
passengers at such place or places as shall be designated by the Police
Department of this Borough.
[Ord. 7/8/69, § 14]
All licensees shall give to the residents of the Borough reasonable
service; and shall give taxi service at least eight hours in each
and every day; and, if unable to do so, shall report the reason for
such failure to the Police Department of the Borough.
[Ord. 7/8/69, § 15]
Each vehicle licensed as a taxicab under this section shall
carry a fire extinguisher of the size, design, and type approved by
the Chief of the Fire Department of the Borough; and shall exhibit
a dome light lettered "taxi" or "taxicab" which shall be lit during
the hours of darkness.
[Ord. 7/8/69, § 16]
Each taxicab driver at the beginning and end of his tour of
duty shall carefully search the taxicab for any property lost or left
therein. Any lost property not claimed or delivered to the owner within
24 hours shall be reported in writing to the Chief of Police by the
driver or owner of the taxicab.
[Ord. 7/8/69, § 17]
Any license issued under this section may be revoked or suspended,
or any application for the issuance or renewal of a license may be
denied, by the Mayor and Council, for any of the following reasons:
a.
The violation of any of the rules and regulations respecting the
operation of the licensed vehicle as set forth hereunder.
b.
Failure to render prompt, reasonable, safe and adequate taxicab service.
c.
Failure to comply with all applicable laws of the State of New Jersey.
d.
Permitting any taxicab owned or driven by the licensee to become
unsafe, unsanitary, or dirty.
|
There shall be no rebate upon any license being suspended, revoked,
or surrendered.
|
[Ord. 12/21/64, § 1]
As used in this section:
Shall mean the place or premises where the applicant proposes
to keep, maintain, operate or possess the vending machine as set forth
in the application to obtain a license for the operation of the vending
machine.
Shall mean the corporation, association, organization, firm,
partnership or individual to whom a license has been issued.
Shall mean any device, machine, or equipment, or piece of
mechanical or electrical equipment which, upon the insertion of a
coin, or a token slug, or article used in lieu of a coin, into a slot
or place on the machine, device or equipment, results in dispensing
or making available to the user or public any food, beverages, service,
or any article or product of any nature whatsoever.
[Ord. 12/21/64, § 2; Ord. 4/13/65, § 1]
No person shall keep, maintain, operate or possess in any store,
building, premises, structure, lands or other place within the Borough
wherein the public is invited or permitted or where the public may
enter, any vending machine, without first obtaining a license from
the Borough Clerk.
a.
The application for such license shall state the place or premises
where the applicant proposes to keep, maintain, operate or possess
the vending machine or machines, the name and address, including the
post office address, of the owner of the machines, the owner of the
premises and the operator of the premises, the type of vending machine
or such further information as may be required in such application.
b.
Attached to each application shall be the name, address, and written
consent of the owner of the licensed premises.
c.
A separate application and license shall be required for each licensed
premises. Each license shall expire on December 31 following the date
of issuance. The annual license fees for the full year or any portion
thereof are hereby fixed as hereinafter specified: $25 per coin-operated
machine.
d.
The foregoing license fee is fixed for the purpose of regulating
vending machines and the licensed place or premises. Said license
shall not be transferable but the licensee may remove a licensed vending
machine from the licensed premises and substitute another vending
machine in lieu thereof.
[Ord. 12/21/64, § 3]
Before any applicant shall be entitled to a license, the application
shall be reviewed and investigated by:
a.
The Sanitary Inspector of the Borough, where the application involves
a vending machine dispensing food or beverage, who shall certify that
the granting of the license will not violate any statute of the State
of New Jersey or ordinance of the Borough of South Bound Brook, or
other health regulations pertaining to food or drink for human consumption,
and will not be inimical to the health, welfare and safety of the
public;
b.
The Chief of Police shall certify that the location of the proposed
licensed premises will not constitute a traffic hazard or interfere
with the safety or welfare of the public;
c.
The Construction Official of the Borough who shall certify that the
location of the proposed licensed premises for the vending machine
or machines, and the vending machines comply with the Zoning chapter
and Building Code of the Borough.
[Ord. 12/21/64, § 4]
a.
The licensee shall cooperate at all times with the Sanitary Inspector,
Chief of Police, Construction Official, Borough Clerk or other Borough
officers or officials, when required or requested so to do, to provide
information or knowledge which will enable them or any of them to
safeguard the health, welfare and safety of the public as the same
may be affected in anywise by the vending machines. For failure to
render such cooperation, or provide information or knowledge, relative
to the vending machines, the Borough Clerk may forthwith temporarily
suspend such licensee's license by mailing written notice of
such suspension to the licensee at the address of such licensee as
set forth in the application. Thereafter written notice of the charges
resulting in the temporary suspension of the license shall be preferred
by the Borough Clerk and mailed to the licensee at the address of
the licensee set forth in the application and a hearing shall be held
thereon by the Mayor and Council, not less than 10 days nor more than
15 days, after such service by the Borough Clerk for the further suspension,
restoration, or permanent revocation of such license.
b.
The license may be revoked upon proof of circumstances or conditions
which are inimical to the health, welfare, morals or safety of the
people of the Borough, or the general public, but only after a hearing
by the Borough Council after notice thereof to the licensee as hereinbefore
provided.
c.
If a license is not renewed, or if the license is revoked prior to
its expiration date, the licensee shall take all necessary proceedings
to remove said coin operated vending machine or machines as herein
defined, from the Borough within 15 days or in default thereof shall
be presumed to have abandoned the machine or machines to the Borough,
and by the acceptance of the license hereby agrees that under such
circumstances aforesaid the Borough may thereupon cause the machine
or machines to be destroyed or otherwise disposed of. The 15 day period
above referred to shall run from the expiration date of the license
or from the date when the Borough Council revokes the license.
[Ord. 12/21/64, § 5; Ord. 4/13/65, § 1]
Vending machines kept, maintained, operated, or possessed by
any religious, charitable, benevolent, fraternal, or nonpecuniary
association, or a volunteer fire company, rescue squad, or other similar
association not incorporated or formed for profit, are specifically
exempted from the provisions of this section. Also exempted shall
be all vending machines or automatic amusement devices for which a
license is already required under any other ordinance of the Borough.
Also exempted shall be all vending machines, wherever located in the
Borough which dispense United States postage stamps.
[Ord. 7/5/51, § 1]
As used in this section:
Shall mean a person commonly referred to either as a peddler
or hawker, who goes from house to house or place to place and carries
with him goods, wares and merchandise for the purpose of selling and
delivering them to purchasers.
Shall mean and include anyone who engages in the business
of peddler from a licensed vehicle, but who is not the owner thereof.
Shall mean a person, commonly referred to either as a solicitor
or canvasser, who goes from house to house or place to place selling
goods by sample or taking orders for future deliveries, with or without
accepting an advance payment for the goods.
[Ord. 7/5/51, § 2]
a.
It shall be unlawful for any peddler, peddler's assistant or
solicitor to sell or offer for sale any goods, wares or merchandise
within the Borough except pursuant to and within the terms of a license
first obtained from the Borough Clerk; provided, however, that this
section shall not apply to:
b.
Licenses shall not be transferable from person to person; and a separate
license shall be obtained for each peddler, peddler's assistant
or solicitor. In case a peddler operates more than one vehicle for
peddling, as provided under this section, a separate license shall
be obtained for each such vehicle; provided, however, that a person
upon or with a licensed vehicle, when he is not the owner thereof,
may be licensed as a peddler's assistant. Not more than two licenses
shall be allowed on any one vehicle. When a peddler ceases to use
the vehicle described in his license application and desires to substitute
another vehicle therefor, he may, upon notice to the Borough Clerk
and furnishing the Clerk with a description of such other vehicle,
transfer his peddler's license plates to the other vehicle.
[Ord. 7/5/51, § 3]
Applications for licenses shall be in writing, signed by the
applicant and filed with the Borough Clerk; shall state the name,
age and permanent home address of the applicant, his place or places
of residence for the preceding three years, the number and nature
of any arrests or convictions, the purpose for which the license is
to be used, the nature of the merchandise to be sold or offered for
sale, and, in the case of a solicitor's license, the length of
time for which the license is desired; shall, in case a vehicle is
to be used in connection with the licensed business, contain a description
of such vehicle; shall list the names of three reputable citizens
to whom reference may be made as to the character and fitness of the
applicant; and shall be accompanied by the licensee fee hereinafter
prescribed. If the merchandise is to be sold or offered for sale on
behalf of a person other than the applicant, the application shall
also state the name and address of such other person and shall be
accompanied by a letter from the person authorizing the applicant
to engage in the business of peddler, peddler's assistant or
solicitor on his behalf.
[Ord. 7/5/51, § 4]
Every applicant for a license under this section shall, before
such license is granted, be fingerprinted.
[Ord. 7/5/51, § 5]
The Borough Clerk is authorized to grant licenses under the
seal of the Borough, signed by himself or by the Chief of Police,
after a determination that the applicant is of good moral character
and has completed with the provisions of this section, except that
applications for solicitor licenses shall be made to, and the licenses
therefor shall be issued by the Chief of Police, subject to appeal
to the Mayor or Chairman of the Police Committee.
[Ord. 7/5/51, § 6]
The Clerk shall issue to every person to whom a license has
been granted a license certificate, which shall state the purpose
for which the license is granted, the name and business address of
the licensee, the number of the license and the date of its expiration;
and the certificate shall be carried upon the person of the licensee
or, in case of a peddler with vehicle, in or upon such vehicle at
all times when the licensee or vehicle is engaged in the business
for which the license is granted. In addition to such certificate
every vehicle used by a licensed peddler in connection with his business
shall have displayed on the driver's side of the exterior thereof
in a conspicuous place a metal plate, to be furnished by the Clerk
with the number of the license and the appropriate date inserted.
[Ord. 7/5/51, § 7; Ord. 7/2/52, § 1]
The annual license fees for peddlers (which shall include one
assistant peddler) and solicitors for the period from January of each
year to December 31 of the same year, both inclusive of any portion
of such period shall be $100.
The daily license fees for peddlers, (which shall include one
assistant peddler) and solicitors shall be $10.
[Ord. 7/5/51, § 8]
It shall be unlawful for any peddlers, peddlers' assistants
or solicitors to sell or offer for sale any goods, wares or merchandise
except on weekdays between the hours of 9:00 a.m. and 7:00 p.m.; or
to solicit the sale of merchandise in a noisy, persistent or offensive
manner or in such a manner as to obstruct the passage of vehicles
or pedestrians upon any street, sidewalk or other public place.
[Ord. 7/5/51, § 9]
No person, whether or not such person is required to obtain a license under subsection 4-7.2 shall stand or remain upon any sidewalk, street or other public place for the purpose of selling, soliciting the sale or offering for sale any goods, wares or merchandise longer than 10 minutes at any one time, if requested to move from any such place by the owner or occupant of any premises opposite or adjacent thereto or if ordered to move by any police officer; but, upon such request or order, shall move with the vehicle and merchandise to a point at least two hundred fifty (250') feet from the place from which he was requested or ordered to move.
[Ord. 7/5/51, § 10]
It shall be unlawful to sell, solicit the sale of or offer for
sale any sandwiches, hotdogs, ice cream, drinks or other edibles of
similar nature from a basket, pushcart, motor car or other conveyance
or vehicle, or on foot, within a radius of one thousand (1,000')
feet of any public school.
[Ord. 7/5/51, § 11]
Any license issued pursuant to this section may be suspended or revoked by the Borough Council or the Municipal Judge after reasonable opportunity to the licensee to be heard, for violation of any of the provisions of this section or any other ordinance of the Borough. Such suspension or revocation may be either in addition to or instead of the penalties prescribed by subsection 4-7.12.
[Ord. 7/5/51, § 12]
[Ord. No. 2005-13]
The Office of the Borough Clerk shall collect, prepare and maintain
a list of addresses of those premises where the owner and/or occupant
has notified the Borough Clerk that soliciting and canvassing is not
permitted on his/her premises. To be included on the non-solicitation
list, residents shall complete a form. With the adoption of this section,
the Office of the Borough Clerk shall mail the form to all residential
property owners or occupants. Thereafter, the form shall be available
in the Municipal Building's general office during normal business
hours, Mondays through Fridays from 8:30 a.m. to 4:30 p.m., except
weekends and legal holidays.
[Ord. No. 2005-13]
The Borough Clerk shall submit the non-solicitation list to
the Chief of Police on a quarterly basis which non-solicitation listing
shall be distributed to applicants seeking a license to solicit or
canvass pursuant to the provisions of this chapter. The licensee shall
not solicit or canvass at any address on the non-solicitation list.
[Ord. No. 2005-13]
On or about January 1st, April 1st, July 1st, and October 1st
of each year, the Office of the Borough Clerk shall update the list.
The updated list shall then be forwarded to the Chief of Police for
distribution to solicitors and/or canvassers.
[Ord. No. 2005-13]
[1]
Editor's Note: No person shall practice massage or related
therapies as a massage, bodywork or somatic therapist, employee or
otherwise, unless he or she has a valid and subsisting massage, bodywork
and somatic therapist's license issued to him or her by the New
Jersey Board of Massage and Body Work Therapy, pursuant to the terms
and provisions of N.J.S.A. 45:11-53, et seq.
[Ord. No. 2004-02]
For the purpose of this section:
Shall mean the administration by any person or method of
exerting or applying pressure, friction, moisture, heat or cold to
the human body, or the rubbing, stroking, kneading, pounding or tapping
of the human body by any physical or mechanical means for any form
of consideration.
Shall mean any establishment or operation wherein a massage
is administered or is permitted to be administered, when such massage
is administered for any form of consideration.
Shall mean any person, male or female, who administers a
massage for any form of consideration.
Shall mean the same as Massagist.
[Ord. No. 2004-02]
No person, firm or corporation shall operate any establishment
or utilize any premises in the Borough of South Bound Brook, as or
for a massage establishment unless or until there first has been obtained
a license for such establishment or premises from the Clerk of the
Borough of South Bound Brook in accordance with the terms and provisions
of this section.
[Ord. No. 2004-02]
Each and every applicant for a license, shall set forth the
following information in writing on forms provided by the Borough
Clerk.
a.
The name and permanent residence address of the applicant and all
former addresses for a period of three years prior to making the application.
b.
The applicant shall provide the full address of the establishment
or premises to be used in the massage business and a full and complete
description of the property, the improvements thereon and the facilities
therein.
c.
A statement as to whether or not the applicant, or any officer, partner,
principal, or director thereof, if a corporation, has ever been convicted
of a crime in this or any other state.
d.
A list of license numbers used by any State or governmental entities,
or other documentation that authorizes the applicant to engage in
practice as a massagist along with specifics of said practice under
said license; together with evidence that the license is current or
expired in good standing.
e.
If a license issued by another jurisdiction is revoked or suspended,
a written explanation of the reason for the revocation or suspension
must be furnished with all supporting documentation available.
[Ord. No. 2004-02]
a.
The applicant for a license for a massage establishment or premises
shall pay an annual license fee of $500; which license fee shall become
due in full on the first of January in each year.
b.
If the massage establishment is located within or as part of a professional
business or practice, including, but not limited to a swim club, physician's
or chiropractor's office, a separate license shall not be required
for the massage establishment. It shall still, however, be subject
to any reasonable inspection conducted by the Borough Police, or Health
Department official even though it is not a separate establishment
devoted solely to the practice of a massage therapist. All massagists
employed therein, however, shall be licensed in accordance with statutory
requirements.
[Ord. No. 2004-02]
a.
When an application is filed for a massage establishment license
under this section, the Board of Health shall fix a time and a place
for a public hearing where the applicant shall present evidence upon
the question of his or her qualifications for licensure. Not less
than 10 days before the date of such hearing, the Board Secretary
shall cause a notice of such hearing to be published in an official
newspaper of the Borough.
[Ord. No. 2004-02]
a.
The Board of Health shall issue a massage establishment license within
21 days following a hearing if all requirements for a massage establishment
described in this section are met, unless it makes the following findings
upon review.
1.
The operation as proposed by the applicant if permitted would not
comply with all applicable laws including, but not limited to, the
Building, Health, Housing, Zoning and Fire Codes of the Borough of
South Bound Brook.
2.
That the applicant or any other person who will be directly engaged
in the management or operation of a massage establishment has been
convicted of:
(a)
A crime of the first, second, third or fourth degree in the
State of New Jersey, or its equivalent committed elsewhere.
(b)
An offense involving sexual conduct with minors.
(c)
A crime or criminal offense involving obscenity, keeping or
residing in a house of prostitution, solicitation of a lewd or unlawful
act, prostitution or pandering.
3.
The license to conduct a massage establishment has been suspended
or revoked by any state or political subdivision thereof, provided,
however, any applicant denied a license on said grounds shall be entitled
to a hearing at which time and place the applicant can present evidence
as to extenuating circumstances that entitle licensure.
4.
Cause for denial of licensure on the basis of the applicants criminal
record is limited to any conviction for any crime of moral turpitude,
whether a crime of the first, second, third or fourth degree, or misdemeanor
in the State of New Jersey, or conviction for an equivalent crime
committed elsewhere.
b.
Exceptions. The Board of Health in its discretion may issue a license
to any person convicted of any of the criminal offenses in paragraphs
a (1), (2) or (3) if it is found that such conviction occurred at
least three years prior to the date of the application and the applicant
has had no subsequent convictions.
a.
Any license for a massage establishment may be revoked or suspended by the Board of Health, after a public hearing before the Board of Health where it is found that any of the provisions of subsection 4-9.6 are violated or where the licensee, including a massagist or massage therapist, has been convicted of any offense found in subsection 4-9.7 and the licensee has actual or constructive knowledge of the violation or conviction or, in any case, where the licensee refuses to permit any duly authorized police officer or Health Inspector of the Borough of South Bound Brook to inspect the premises or the operations therein.
b.
The Board of Health, before revoking or suspending any license, shall
give the licensee at least 10 days written notice of the charges against
the licensee, and the opportunity for a public hearing before the
Board of Health, at which time the licensee may present evidence bearing
upon the question. In such cases, the charges shall be specific and
in writing. The revocation hearing shall be scheduled no sooner than
10 days, no later than 30 days after written notice of the charges
has been provided to the licensee who shall be entitled to discovery,
and legal representation at the Revocation Hearing.
[Ord. No. 2004-02]
No person engaged or employed in the business of a massagist
shall hinder, stop, or fail to cooperate with any inspection by any
Borough agency.
[Ord. No. 2004-02]
a.
The requirement for a massage establishment license shall not apply
to massage or physical therapy treatments given.
1.
In the office of a licensed physician, chiropractor or physical therapist.
2.
In a regularly established medical center, hospital or sanitorium
having a staff which includes licensed physicians, chiropractors and/or
physical therapists.
3.
By any licensed physician, chiropractor, or physical therapist in
the residence of his patient.
[Ord. No. 2004-02]
A recognizable and legible sign shall be posted at the main
entrance to any building or to the portion of a building used as a
massage establishment identifying the premises as a massage establishment,
and recognizable and legible signs shall be posted in accordance with
all existing municipal ordinances.
[Ord. No. 2004-02]
Any person violating any of the provisions of this section shall,
upon conviction, be punished either by imprisonment in the county
jail for a term not exceeding 90 days, a fine not exceeding one thousand,
two hundred fifty ($1,250.00) dollars and/or by a period of community
service not exceeding 90 days, in the discretion of the Judge of the
Municipal Court. Each day during which a violation of this section
exists shall constitute a separate offense.
