[Ord. No. 98-86 § 1]
No person shall engage in or carry on any business or trade
in the Borough of West Cape May nor sell any goods or property without
first obtaining a mercantile license pursuant to this section.
[Ord. No. 98-86 § 2; Ord. No. 145-89 § 2]
a. Written
application for a mercantile license shall be submitted to the Borough
Clerk and shall contain all of the information requested on the application
form. The Borough Clerk, upon receipt of a complete application form,
shall promptly forward copies of the complete application form to
the Borough Health Officer, Tax Assessor, Tax Collector, Construction
Code Official, Police Department, and Water and Sewer Clerk for their
review. The Tax Collector and the Water and Sewer Clerk shall notify
the Borough Clerk of the current status of the real estate taxes,
water and sewage charges, if any, on the property where the business
is located. No mercantile license shall be issued unless all real
estate taxes, water and sewer charges for the property on which the
business is located are current as of the date of the application.
The Borough Clerk shall issue or disapprove each mercantile license
application within 15 days of the date a complete application is filed.
The annual mercantile license fee required pursuant to this section
shall be submitted at the time the application form is filed with
the Borough Clerk.
b. Pursuant
to P.L. 2022, c. 92 (S1368), the owner of a business shall maintain liability insurance
for negligent acts and omissions in an amount of no less than $500,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence. All business owners
shall annually register the applicable certificate of insurance in
connection with their mercantile license application. Pursuant to
P.L. 2022, c. 92 (S1368), the failure to comply with this registration
requirement carries a minimum penalty of $500.
[Added 11-23-2022 by Ord. No. 618-22]
[Ord. No. 98-86 § 3;
amended 10-28-2020 by Ord. No. 588-20]
Each mercantile license shall be effective for a period of 12
months from January 1 to December 31. Annual renewals of mercantile
licenses previously issued shall not require submission of a new application
form but shall be effectuated by payment of the annual license fee
by December 15 of each year. All new business operations first commencing
between January 1 and June 30 of any year shall be required to pay
the full annual license fee. All new business operations first commencing
between July 1 and December 31 of any year shall be required to pay
1/2 of the annual license fee.
Any renewal paid as of July 1, 2020 under for the prior calendar
year term designation (July 1 to June 30) which was rescinded by this
subsection, shall be entitled to a 1/2 credit for the January 1, 2021
through December 31, 2021 mercantile license term.
[Ord. No. 98-86 § 4]
No mercantile license shall be transferable from one person
to another or from one location to another.
[Ord. No. 98-86 § 5; Ord. No. 269-99 § 2; Ord. No. 391-07; amended 10-28-2020 by Ord. No.
588-20; 4-13-2022 by Ord. No. 612-22]
The annual mercantile license fees of the Borough of West Cape
May pursuant to this subsection for the conduct or operation of any
business within the Borough of West Cape May are as follows:
Business
|
Discounted Rate for New Business Operations First Commencing
Between July 1 and December 31
|
Rate for New Business Operations First Commencing Between January
1 and June 30
|
---|
Apartment, per unit
|
$50.00
|
$100.00
|
Automobile repair and service
|
$150.00
|
$300.00
|
Condominium unit, per unit
|
$50.00
|
$100.00
|
Duplex house, per unit
|
$50.00
|
$100.00
|
Landlord for retail store
|
$75.00
|
$150.00
|
Laundries and Laundromats
|
$35.00
|
$70.00
|
Machines, soda, paper, vending, per machine
|
$35.00
|
$70.00
|
Petroleum product dealers
|
$200.00
|
$400.00
|
Publishers and printers
|
$200.00
|
$400.00
|
Restaurants (floor plan showing seating capacity), per seat
|
$7.00
|
$14.00
|
Retail sales
|
1,000 sq. ft. of store area or less
|
$125.00
|
$250.00
|
1,000 sq. ft. of store area or more
|
$175.00
|
$350.00
|
Rooming house, guest house—number of rooms rented and
hotel/motel, per unit
|
$50.00
|
$100.00
|
Single family residential house, per unit
|
$50.00
|
$100.00
|
Retail sales, including retail sales of cannabis products
|
|
|
1,000 square feet of store area or less
|
$125.00
|
$250.00
|
1,000 square feet of store area or more
|
$175.00
|
$350.00
|
All other businesses not specifically enumerated herein.
|
$150.00
|
$300.00
|
[Ord. No. 98-86 § 6]
Each person conducting more than one business at the same location
shall be required to obtain a separate mercantile license for each
such business.
[Ord. No. 98-86 § 7]
All mercantile licenses issued pursuant to this section shall
be displayed prominently at the principal location of the particular
business in a manner so as to be readily visible to the public.
[Ord. No. 98-86 § 8]
Any business or business activity which is conducted or operated
exclusively for religious, charitable, educational or other beneficial
non-profit purposes may make application to the Board of Commissioners
for exemption from this licensing section which such exemption shall
be granted upon presentation of sufficient proof with the provisions
of this subsection.
[Ord. No. 98-86 § 9]
Each license issued pursuant to this section may be revoked
or not renewed by the Board of Commissioners upon a determination
that the licensee is in violation of any Borough ordinance, ordinance
of the Board of Health, or any other law regulating the safety or
lawful conduct of the particular business. Before any license shall
be revoked or not renewed, the licensee shall be given written notice
thereof specifying the reason or reasons for the proposed action and
the licensee shall also be offered the right to a hearing before the
Board of Commissioners.
[Ord. No. 98-86 § 10]
Nothing herein shall be deemed applicable to those persons who
operate a business which is exclusively regulated by either the State
or Federal government and who conduct their business pursuant to such
license or licenses issued by the State or Federal government.
[Ord. No. 98-86 § 11]
Any person who violates any provision of this section shall be subject, upon conviction, to the penalty stated in Chapter
1, §
1-5 for each day a violation of this section occurred.
[Ord. No. 124-87 § 1]
A license issued by the Board of Commissioners shall be required
for all non-motorized tour operators whose operations originate in
the Borough of West Cape May. No person shall conduct or operate any
non-motorized tour operation operating in the Borough without having
first obtained the license required by this section.
[Ord. No. 124-87 § 2]
Application for such license shall be made to the Borough Clerk
on forms prescribed by the Borough Clerk and setting forth the information
requested. Such information shall include, but shall not be limited
to the following: name and address of operator, nature and scope of
proposed operations, hours of operation, equipment and personnel to
be used, proof of sufficient public liability insurance and points
of origination and destination showing routes to be traversed.
[Ord. No. 124-87 § 3]
The Board of Commissioners shall, within 30 days of the receipt
of a completed application, either grant or reject the license sought
by the applicant. Licenses may be rejected if the applicant does not
meet all applicable health and safety laws, or the proposed operations
are deemed to be detrimental to the health, safety and welfare of
the residents of the Borough.
[Ord. No. 124-87 § 4]
The annual fee for each license shall be $150 and such fee shall
be tendered at the time the license application is submitted.
[Ord. No. 124-87 § 5]
Each license shall be for a period of one year commencing March
1st and ending on February 28th of the following year. The annual
license fee shall not be prorated for any operators who obtain their
licenses subsequent to March 1st. Licenses shall not be renewed merely
upon payment of the required annual fee but a new application shall
be submitted for each year.
[Ord. No. 124-87 § 6]
No license shall be actually issued by the Borough Clerk until
such time as the licensee has delivered to the Borough Clerk a copy
of the policy or policies of public liability insurance maintained
together with proof of payment for such insurance during the term
of the license. Any prospective licensee whose public liability insurance
does not extend through the term of the license shall only be issued
a license for the term of such public liability insurance but such
license may be extended by the Borough Clerk for the balance of the
term of the license upon presentation of proof of public liability
insurance for this term. Each such prospective licensee shall also
deliver to the Borough Clerk at the time of presentation of his or
her policy or policies of public liability insurance a form authorizing
the insurance company or companies issuing the public liability insurance
to notify the Borough Clerk in the event of any cancellation of such
insurance or reduction in the coverage stated in the policy or policies.
[Ord. No. 124-87 § 7]
No licensee shall operate between the hours of 12:00 midnight
and 9:00 a.m.
[Ord. No. 124-87 § 8]
No licensee shall operate except on those routes expressly approved
by the Board of Commissioners in the resolution granting the license.
No licensee shall operate over his or her approved routes during those
hours expressly prohibited in the resolution granting the license.
No licensee shall pick up or discharge passengers or have an origination
point or destination point other than as specifically set forth in
the resolution granting the license.
[Ord. No. 124-87 § 9]
The Board of Commissioners may, by resolution, establish particular
origination and destination points on the side of public streets for
the operations of licensees which shall then be reserved exclusively
for such operations during the term of the license. Appropriate signs
shall be erected identifying and delineating such areas, the nature
of which shall be determined by the Board of Commissioners and the
cost of which shall be born by the licensee. The Board of Commissioners
may delete or modify any such areas of origination points or destination
points upon a determination that such areas are detrimental to the
public health, safety or welfare of the residents of the Borough.
[Ord. No. 124-87 § 10]
Each licensee shall be responsible for compliance with all other
applicable laws pertaining to his or her operations at anytime.
[Ord. No. 124-87 § 11]
The Board of Commissioners may, after due notice to the licensee
and an opportunity for a hearing, revoke any license issued pursuant
to this section for any violation of this section or any other law
applicable to the licensee's operation, lapse of insurance coverage
or a determination that the licensee's actual operations are detrimental
to the health, safety or welfare of the residents of the Borough.
[Ord. No. 124-87 § 12]
Any person found guilty of violating any provision of this section shall be liable to the penalty stated in Chapter
1, §
1-5. Each day any such violation occurs shall be deemed to be a separate offense.
[Ord. No. 259-98 § 2;
amended 11-13-2019 by Ord. No. 572-19]
A license issued by the Board of Commissioners shall be required
to erect a tent on any commercial premises in the Borough of West
Cape May. A tent license shall be established by resolution of the
Board of Commissioners. Payment in full of said fee shall be made
with the license application and shall not be refundable. Said fee
shall be $100. For purposes of this section, a "tent" shall be defined
as any portable shelter with a canopy-type roof with a height, width,
or length exceeding 30 feet.
[Ord. No. 259-98 § 2]
A tent license shall not be required for any religious, charitable,
not for profit corporation, nonprofit corporation or organization
or residential property owner.
[Ord. No. 259-98 § 2;
amended 11-13-2019 by Ord. No. 572-19]
Each license may allow the use of a tent in connection with
a special event for a time period not to exceed 72 hours, unless approval
is obtained from the Commission upon application for good cause. Said
license shall allow the use of the tent for the special event for
which the tent is erected for the time period of 9:00 a.m. to 10:00
p.m. No activity shall be permitted within a tent beyond 10:00 p.m.
[Ord. No. 259-98 § 2]
As the use of a tent is hereby limited and restricted, it shall
be deemed that the use is not permanent, and the site plan and zoning
regulations otherwise applicable to an outdoor commercial use shall
not apply.
[Ord. No. 259-98 § 2]
Any person whose application for a tent license has been denied,
or whose license has been revoked may appeal to the Board of Commissioners.
[Ord. No. 259-98 § 2]
Violation of any provision of this section shall be punishable
upon conviction by a fine not to exceed $1,000 and/or a term of imprisonment
not to exceed 90 days. Each and every day that a violation exists
shall constitute a separate violation. Additionally, the tent license
may be revoked if it is determined that the use of the tent constitutes
a danger to the health and safety of the owner or the general public,
such use also being declared relative of this section.
[Added 11-23-2022 by Ord.
No. 618-22]
a. This section shall be known as the "Short-Term Rental License Regulations"
of the Borough of West Cape May.
b. Introduction. All rental properties, or properties containing rental
units, including but not limited to resort houses, are subject to
licensing and inspection by the Borough of West Cape May.
[Added 11-23-2022 by Ord.
No. 618-22]
a. License Requirements. This section is applicable to each and every
rental unit or rental property which shall include:
1. A property with one or more rental units including owner-occupied
properties with one or more rental units; and including but not limited
to single-family, multi-unit, and condominium buildings.
b. Registration Requirements.
1. A property subject to this section shall file a rental unit registration
with the Borough Clerk's office prior to a rental unit being made
available for rent.
2. Separate registration shall be required for each unit made available
for rent.
3. The owner shall be responsible for the accuracy of the information
provided in the registration, which shall include the following:
(a)
Property address, property classification, block and lot.
(c)
Owner's agent or managing agent, if applicable.
(d)
Rental agent, if applicable.
c. In addition to the licensing requirements imposed by this chapter,
certain properties must also be registered with either the Borough
of West Cape May or the State of New Jersey pursuant to the Landlord
Registration Act, N.J.S.A. 46:8-27 to 46:8-37.
d. Pursuant to P.L. 2022, c. 92 (S1368), the owner of a multifamily rental property which is four
or fewer units, one of which is owner-occupied, shall maintain liability
insurance for negligent acts and omissions in an amount of no less
than $300,000 for combined property damage and bodily injury to or
death of one or more persons in any one accident or occurrence. The
owner of any other rental unit or units shall maintain liability insurance
for negligent acts and omissions in an amount of no less than $500,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence. A single property
with multiple units may register with one certificate of insurance
satisfying the applicable minimum limit set forth herein. All rental
unit owners shall annually register the applicable certificate of
insurance in connection with their mercantile license application.
Pursuant to P.L. 2022, c. 92 (S1368), the failure to comply with this
registration requirement carries a minimum penalty of $500.
[Ord. No. 408-08 Preamble]
In accordance with N.J.A.C. 8:24-1 et seq., Bed and Breakfast
Guesthouses and Bed and Breakfast Homestays are no longer defined
as retail food establishments.
This change in definition eliminates the State of New Jersey
requirement that Bed and Breakfast Guesthouses and Bed and Breakfast
Homestays shall be inspected by the Cape May County Health Department.
The Cape May County Health Department is willing to continue
to conduct inspections of the Bed and Breakfast Guesthouses and Bed
and Breakfast Homestays.
The Cape May County Health Department requires the Board of
Commissioners of the Borough of West Cape May to adopt an ordinance
authorizing the continued inspections of Bed and Breakfast Guesthouses
and Bed and Breakfast Homestays.
The Borough Commission has determined that it is in the best
interest of its residents, citizens and visitors to authorize and
request the Cape May County Health Department to continue to conduct
the inspections of Bed and Breakfast Guesthouses and Bed and Breakfast
Homestays on behalf of the Borough of West Cape May.
[Ord. No. 408-08 § 1]
The Cape May County Department of Health shall conduct inspections
of Bed and Breakfast Guesthouses and Bed and Breakfast Homestays in
the Borough of West Cape May.
[Ord. No. 408-08 § 2]
In conducting those inspections, the Cape May County Department
of Health shall enforce all applicable health laws, regulations and
ordinances.
[Ord. No. 408-08 § 3]
BED AND BREAKFAST GUESTHOUSE
Shall mean a bed and breakfast designed to accommodate at
least six guests, but not more than 25 guests. It is owner-occupied
and prepares and offers food to guests. Breakfast is the only meal
offered.
BED AND BREAKFAST HOMESTAY
Shall mean a bed and breakfast designed to accommodate five
or fewer guests. It is owner occupied and prepares and offers food
to guests. Breakfast is the only meal offered.
[Added 12-11-2019 by Ord. No. 574-19]
For the purposes of this section, "special event" shall mean
any exhibition, show, athletic contest, running race, bike-a-thon,
block party, parade, entertainment or other similar event sponsored
by an organized group having a similar or common purpose or goal,
occurring on or proceeding along a public street, other public right-of-way,
or public property within the Borough.
An application for a permit to conduct a special event shall
be made to the Borough Clerk in writing by the person, persons or
organization sponsoring said event. The applicant shall pay an application
fee in the amount of $125, unless the Borough waives the fee for the
good cause. Such application shall provide the following information:
a. The name, address and telephone number of the person requesting the
permit and the organization or group.
b. The purpose of the event.
c. The estimated number of persons to participate in and attend the
event.
d. The number and type of vehicles, if any, to participate.
e. The date and time of the event including any setup or cleanup period.
f. The location where the event is to be held, including the specific
assembly and dispersal locations and the specific route and the plans
for assembly and dispersal of the participants.
g. Whether or not any music or other amplified sound will be provided
including the location and types of all loudspeakers and amplifying
devices to be used.
h. Whether any admission or participation fee will be charged for the
event and the amounts thereof.
i. The number and type of any vendors accepted for participation in
the event including information regarding the method of application,
identification, documentation and approval of such participants. A
complete listing of vendors approved for participation in the event
shall be provided to the Borough not less than 10 days prior to the
event.
j. The attachment of any other required licenses or permits where appropriate.
k. The type, size, description, and location of any signs to be erected
in connection with the event.
l. Proof of liability insurance coverage to the Borough in the minimum
amounts of $1,000,000 for any and all damages. The insurance shall
cover the entire period of the event including the setup and cleanup
periods. The Borough of West Cape May shall be named on the policy
as additional insured. The holder of a special events permit shall
agree in writing to indemnify and hold harmless the Borough of West
Cape May, its servants, agents and employees, for any and all claims
caused by or arising out of the activity covered in such permit. The
indemnification hereunder shall be the broadest possible permitted
by the laws of the State of New Jersey. In the event of a claim, demand,
presentation or suit against the Borough, the holder of the special
event permit shall save and hold harmless the Borough, and shall,
at its expense, defend the Borough.
m. Any further information that officials of the Borough determine to
be necessary to properly provide for traffic control, crowd control
and protection of the general public health, safety and welfare.
The application for a special event shall be reviewed by the
Borough Clerk for compliance with this section and reviewed for approval
by resolution by the Commissioners of the Borough of West Cape May.
In approving or denying the permit, the Commissioners will take into
consideration any other ordinances, community standards, scheduling
conflicts, special services required, and any further information
required to protect the health, safety, and general welfare. Approval
or denial of such permit shall be made within 30 days of receipt of
a complete application by the Borough. The permit may be approved
with special conditions placed on the applicant if warranted. The
permit is contingent on the possession of any other permits or licenses
required by local or state laws and regulations.
Applications for such special event permits should be made to
the Borough Clerk not less than 30 days in advance of the date on
which said special event is sought to be held.
Any signs erected in connection with a properly approved special
event shall be removed within 24 hours of the conclusion of the event.
Any permit issued under this section may contain conditions
reasonably calculated to reduce or minimize dangers to vehicular or
pedestrian traffic and the public health, safety and welfare including
but not limited to changes in the date, time, duration or number of
participants or attendees as requested by the applicant. Further,
for the purposes of public safety and welfare, the Director of Public
Safety and/or Police Department may direct and order the temporary
closing of streets and/or the temporary prohibition of parking along
such streets during the event, and shall direct the posting of proper
warning signs in connection with said event, as provided by law.
A special event permit shall be valid for the applicant thereof
only and shall not be transferable to any other individual, corporation,
group or organization.
If it is determined by the appropriate officials of the Borough
that additional materials or personnel costs shall be required for
the purpose of maintaining the general health, safety and welfare
of attendees or participants in the special event, or the community
in general, the Borough reserves the right to require reimbursement
of such costs. If reimbursement is required, the holder of the permit
shall deposit with the Director of Finance a sum of money to be determined
by the Borough to be a reasonable estimate of the costs required.
The Director of Financial Management will make the determination when
said deposit is required. After the conduct of the special event the
holder of the permit shall be required to pay the Borough any additional
amount determined to be due in reimbursement of the Borough's costs
within 30 days. In the event that the sum of money so deposited in
advance exceeds the funds needed, the Borough shall refund any excess
deposit within 30 days after the holding of said special event. Services
and Borough personnel covered by this section shall include but not
be limited to additional police, fire, rescue squad, public works
and community service personnel.
Any person, firm, corporation, partnership or other entity violating
the provision of this section shall be subject to a fine not to exceed
$500 and/or imprisonment not to exceed 30 days.
[Added 7-14-2021 by Ord. No. 603-21; amended 4-12-2023 by Ord. No. 625-23; 7-12-2023 by Ord. No. 630-23]
a. The Borough of West Cape May hereby establishes the following local
cannabis tax:
1. On cannabis cultivation, a tax of 2% of the amount of each sale.
2. On cannabis manufacture, a tax of 2% on the amount of each sale.
3. On cannabis wholesaling, a tax of 1% on the amount of each sale.
4. On cannabis retailing, a tax of 2% on the amount of each sale.
b. Said tax shall be payable directly to the Chief Financial Officer
of the Borough on a quarterly basis.
[Added 7-12-2023 by Ord.
No. 630-23]
a. Cannabis Transfer Tax.
1. A Cannabis Transfer Tax is hereby imposed by the Borough on the sale
of cannabis or cannabis items by a cannabis establishment that is
located in the Borough of West Cape May, pursuant to N.J.S.A. 40:48I-1
et. seq. This Transfer Tax shall be imposed on receipts from the sale
of cannabis or cannabis items by a cannabis cultivator to another
cannabis cultiravtor; receipts from the sale of cannabis items from
one cannabis establishment to another cannabis establishment; receipts
from the retail sales of cannabis items by a cannabis retailer to
retail consumers who are 21 years of age or older; or any combination
thereof.
b. Cannabis User Tax.
1. The Borough of West Cape May hereby imposes a Cannabis User Tax at
rates equivalent to the Cannabis Transfer Tax Rates set forth in Section
11 on any concurrent license holder, as permitted by Section 33 of
the New Jersey Cannabis Regulatory, enforcement Assistance, and Marketplace
Modernization Act, operating one or more cannabis establishments.
The User Tax shall be imposed on the value of each transfer or use
of cannabis or cannabis items not otherwise subject to the transfer
tax imposed pursuant to Ordinance 603- 21, Section 11, from the license
holder's establishment that is located in the Borough of West
Cape May to any of the license holder's other establishments,
whether located in the Borough or another municipality.
c. Medical Cannabis Transfer Tax.
1. Pursuant to N.J.S.A. 24:61-1, et seq. entitled "Jake Honig Compassionate
Use Medical Cannabis Act (hereinafter the "Act") a Medical Cannabis
Transfer Tax shall be fixed at a uniform percentage of 2% rate on
all receipts, each transfer or use of cannabis or cannabis items furnished
by a licensed medical cannabis alternative treatment centers as defined
by the Act, located in the Borough of West Cape May to a medical cannabis
handler for delivery to a purchaser or to a registered qualifying
patient or the patient's caregiver.
2. The Medical Cannabis Transfer Tax shall be in addition to any other
tax or fee imposed pursuant to any state or federal statute, local
ordinance, or resolution by any governmental entity upon a Medical
Cannabis Dispensary.
3. All taxes imposed by this section shall be collected on behalf of
the Borough of West Cape May, by the person dispensing cannabis to
the patient, the patient's designated caregiver, or cannabis
handler from the license holder's establishment that is located
in the Borough to any of the other license holder's establishments,
whether located in this Borough or another municipality.
4. The Borough and the alternative treatment center shall enter into
any sales and use tax agreements as may be required by New Jersey
law.
[Added 7-12-2023 by Ord.
No. 630-23]
a. Every person required to collect any taxes imposed by this section
shall be personally liable for the tax imposed, collected or required
to be collected. Any such person shall have the same right in respect
to collecting the tax from his or her customer; provided, however,
that the Borough of West Cape May shall be joined as a party in any
action brought to collect the tax.
b. Every person responsible for the collection of the Medical Cannabis
Transfer Tax shall maintain books and/or records to substantiate the
tax obligation, even if no tax is due.
c. All transfer taxes or user taxes imposed by this section shall be
paid to the Chief Financial Officer of the Borough of West Cape May
for the proceeding calendar quarter on or before the last day of April,
July, October, and January, respectively. A ten-day grace period,
until the 10th of each month, shall be allowed for payment. Each quarter
the Medical Cannabis Dispensary or cannabis establishment shall produce,
to the Borough's Chief Financial Officer, a report certified
as true and accurate by an appropriate employee, showing the receipts
of each month of the preceding quarter.
d. Pursuant to state law, any person who attempts to avoid the full
disclosure of the tax due under this article or to avoid the payment
of the tax, and any person who refuses to permit an officer or agent
designated by the Borough of West Cape May to examine their books,
records and papers is a disorderly person.
e. If for any reason the tax imposed by this section is not paid when
due, interest at a rate of 12% per annum on the amount of the tax
due and an additional penalty of 1/2% of the amount of the unpaid
tax for each month or fraction thereof during which the tax remains
unpaid shall be added and collected or a minimum of $50, whichever
is greater. Where action is brought for the recovery of any tax hereunder,
the person liable shall, in addition, be liable for the cost of collection,
including attorney's fees, interest and penalties imposed.
[Added 7-12-2023 by Ord.
No. 630-23]
a. Any license issued under this Chapter may be suspended or revoked
for a violation of any of the provisions of this Ordinance, or any
provision of the applicable statute or any of the rules or regulations
of the State of New Jersey.
b. Proceedings for the suspension or revocation shall be in accordance with the provisions of Chapter
4 of the West Cape May Code, or any provision of the applicable statute or any of the rules or regulations of the State of New Jersey by a service of the notice of charges preferred against the licensee and affording a reasonable opportunity for a hearing. Any suspension or revocation shall carry the penalties and prohibitions provided in the ordinances and statutes are referred to herein.
c. Suspension or revocation of a license shall be in addition to any
other penalty which may be imposed for a violation of this Chapter.
[Added 7-12-2023 by Ord.
No. 630-23]
a. Any licensee who shall violate or fail to comply with the provisions
of this Chapter shall, upon conviction, be subject to a fine of $2,000
for the first offense and $3,500 for any subsequent offense within
a year, as well as such penalties as may otherwise be provided by
law.
b. Any person who shall violate or fail to comply with the provisions
of this section shall, upon conviction, be subject to a minimum fine
of $250 or a maximum of $2,000 or by imprisonment for a term not exceeding
90 days or by a period of community service not exceeding 90 days
as well as such penalties as may otherwise be provided by law.