[1975 Code § 4-2.1; Ord. No. 9-87]
No person shall either, directly or indirectly, conduct any
business within the Borough of South Toms River, as defined in this
section, unless a license or a permit therefore is first procured
and kept in effect at all times, as required by this section, or any
other ordinances of the Borough of South Toms River.
[1975 Code § 4-2.2; Ord. No. 9-87]
For the purposes of this section, any person shall be deemed
to be engaged in conducting a business and to be subject to the provisions
of this section when he sells any goods or services, solicits business
or offers goods or services for sale or for hire.
[1975 Code § 4-2.3; Ord. No. 9-87]
This section is intended to particularly exclude holders of
special privileges and all persons exempted by operation of law.
[1975 Code § 4-2.4; Ord. No. 9-87; Ord. No. 12-92; Ord. No. 4-95; Ord. No.
4-06; Ord. No. 7-11 § 1, 2]
Every person required to procure a license or permit under the
provisions of this section shall submit a completed application, upon
the form provided for the purpose by the Borough Clerk, for such license
or permit to the Borough Clerk, at the Borough Hall, which application
shall be accompanied by the full amount of fees required for the license
sought.
a.
All applications for a license under the provisions of this section
shall be by written statement upon the forms provided, which shall
contain, essentially the following:
1.
Any previous revocation, or suspension of a mercantile license, and
the reasons therefore.
2.
A statement or representation that the applicant is not violating
the Zoning Ordinances of the Borough of South Toms River. If applicant
occupies a nonconforming use, a nonconforming use certificate from
the Board of Adjustment or other sufficient proof of the date of commencement
of occupancy and operation and that such use conformed to the Zoning
Ordinances in existence at that time must be given.
3.
A statement that the applicant is not in default under the provisions
of this section or indebted or obligated in any manner to the Borough
of South Toms River, except for current taxes.
4.
Such other facts relative to the general personal history of the
applicant or its officers and manager if said applicant is not an
individual, so as to enable the Borough Clerk to make a fair determination
of the eligibility of the applicant.
5.
Name of person or entity to whom license will be issued and his residence
address. If applicant is not an individual, then the names, positions
and residence addresses of all officers and managers of the applicant.
6.
The premises at which the business is to be carried on and the names
and address of the owner of the premises.
b.
Except as herein set forth, for each such license, the applicant
shall pay to the Borough Clerk, for transmittal to the Treasurer of
the Borough of South Toms River, the yearly fee or sum of $200.
1.
Owners or operators of Market Places, Pavilions, or Malls that have
designated areas for transient merchants to use for period of less
than one year may pay an annual fee for each booth or designated area
to be used by the merchants during the course of any given year. Owners
or Operators who choose to operate under such provision must maintain
sufficient licenses to cover each and every given merchant at any
given time. An individual license may be used by separate merchants
at different times, however, no license may be used by more than one
merchant simultaneously. Food Handlers must maintain individual licenses
and pay for an individual license fee at the rate established herein.
Food handlers are not eligible to share licenses, or otherwise participate
in a bulk license provision.
2.
Owners, or operators of Market Places, Pavilions, or Malls will be
responsible to provide the required information to the Code Enforcement
Officer within 24 hours of the commencement of any new mercantile
activity. Under this provision owner, or operators of Malls, Market
Places, or Pavilions, are entitled to obtain a blanket license for
the operation of up to 50 separate non-food merchants to operate at
any one time. Blanket licenses may be obtained on a quarterly basis
for $750. Blanket licenses may not be extended to cover more than
50 mercantile operations. Additional licenses must be purchased at
the individual rate unless a second blanket license is obtained for
up to an additional 50 non-food merchants.
c.
For each license for itinerant vendors or hawksters and auctioneers,
the applicant shall pay to the Borough Clerk for transmittal to the
Chief Financial Officer the fee of $250.
d.
No fee shall be required for the issuance of a license to sell farm
products raised wholly and exclusively in the State of New Jersey.
e.
No fee shall be required for the issuance of a license to solicit
funds or subscriptions by any duly established and recognized charitable
organization or institution, but the applicant shall be required to
submit satisfactory proof that the same is a duly established, recognized
and accepted charity in the State. Such license shall expire not more
than 30 days after issuance.
[1975 Code § 4-2.5; Ord. No. 9-87]
Except as otherwise set forth hereinabove, all license fees
shall be due and payable on or before January 31 of each year.
[1975 Code § 4-2.6; Ord. No. 9-87]
No rebate or refund of any licensing fee or any part thereof
shall be made for any reason, including, by way of explanation and
not of limitation, retirement of a license from business, nonuse of
a license for all or any portion of the license year, change of location
or business or fire, accident or other casualty rendering the use
of such license impossible or impracticable.
[1975 Code § 4-2.7; Ord. No. 9-87; Ord. No. 7-11 § 3]
A duplicate license may be issued by the Borough Clerk to replace
any license previously issued which was lost, stolen, defaced or destroyed
without the fault of the licensee, upon the filing by the licensee
of an affidavit sworn to before a notary public of the State of New
Jersey attesting to such fact and the payment to the Borough Clerk
of a fee of $10 for transmittal to the Chief Financial Officer.
[1975 Code § 4-2.8; Ord. No. 9-87]
No licensed or unlicensed itinerant vendor of merchandise other
than foodstuffs and beverages shall sell, solicit, or otherwise conduct
his business in the Borough before the hour of 8:00 a.m., or after
the hour of 9:00 p.m., eastern standard time or daylight saving time,
whichever is in effect.
[1975 Code § 4-2.9; Ord. No. 9-87]
Any license which has been issued may be revoked and cancelled
for good cause by majority vote of the Borough Council at any regular
or special meeting thereof.
[1975 Code § 4-2.10; Ord. No. 9-87]
Each license to be issued shall include the following information
thereon:
a.
The name of the licensee and any other name under which the business
shall be conducted.
b.
The nature and address of each business being licensed.
c.
The fee payable for such license.
d.
The dates of issuance and expiration of such license.
e.
Such other information as the Code Enforcement Officer and Chief
of Police might deem necessary.
[1975 Code § 4-2.11; Ord. No. 9-87; Ord. No. 2-88]
After submission of the application and the required fees to
the Borough Clerk, a copy thereof shall be submitted by the Borough
Clerk to the Code Enforcement Officer and to the Police Department
for filing. The Code Enforcement Officer and the Chief of Police shall
make any investigation necessary and shall indicate their or his written
approval or disapproval, with reasons therefore, over the license
application within 15 days after the application is filed with the
Borough Clerk. If approved, the license shall be issued by the Borough
Clerk. If disapproved, the Borough Clerk shall forthwith notify the
applicant in writing of such disapproval and the reasons therefore
and the applicant shall have 10 days from receipt of such notice to
appeal therefrom to the Mayor and Council, by delivering within such
time a written notice of appeal to the Borough Clerk, setting forth
the grounds of such appeal. If the Mayor and Council deem the grounds
alleged to be meritorious, a hearing may be scheduled thereon, after
which the decision of the Code Enforcement Officer or Chief of Police
may be affirmed or reversed by the Mayor and Council. Where an application
is disapproved under this section, the Code Enforcement Officer may
issue a temporary license which shall be valid for a period of 30
days so as to allow the applicant that period of time to correct any
deficiencies which may have operated as a basis for disapproval of
such application.
[1975 Code § 4-2.12; Ord. No. 9-87]
In addition to complying with the provisions covering licensed
operations, elsewhere contained in this section, every licensee by
accepting a license issued hereunder impliedly consents to:
a.
Permit reasonable inspection of the licensed business or premises
at a mutually convenient time, upon reasonable notification.
b.
Ascertain and at all times comply with all laws and regulations applicable
to such licensed business or premises.
c.
Avoid all forbidden, unlawful, illegal, improper or unnecessary practices,
businesses or conditions inimical to public health, morals or welfare.
d.
Refrain from operating the licensed business after the expiration
of his license or during a period when his license is revoked or suspended.
e.
Post and maintain his license upon the licensed premises in a place
where it will be visible at all times.
f.
Not lend, sell, give or assign a license to any other person or entity,
to use or display, except as otherwise authorized by the Borough Clerk
in accordance to law.
[1975 Code § 4-2.13; Ord. No. 9-87]
The Code Enforcement Officer and any other duly authorized public
official are hereby designated as the personnel of the municipality
charged with the enforcement of this section.
[1975 Code § 4-2.14; Ord. No. 9-87]
Any person, firm or corporation who shall violate a provision of this section, or fail to comply therewith, shall severally, for each and every such violation and noncompliance be liable for the penalty stated in Chapter 1, Section 1-5. The imposition of a penalty for violation of this section shall not excuse the violation or permit it to continue and each day that such violation is permitted to exist shall constitute a separate offense.
[Ord. No. 5-06. Preamble]
The Mayor and Council of the Borough of South Toms River, have
determined a need to offset the cost of enforcement and administration
of the requirements of the Board of Health.
[Ord. No. 5-06 § 4-6.1]
It shall be unlawful for any person to engage in or carry on,
within the Borough, the operation of a business involving the sale
or distribution of any type of edible food, beverage or other product,
unless and until such person first obtains a license from the Borough
Clerk and pays the license fee as established.
[Ord. No. 5-06 § 4-6.2; Ord. No. 7-11 § 4]
Every person who is required to procure a license under the
provisions of this section shall submit an application upon the form
provided for the purpose by the Borough Clerk for this license and
return the completed application to the Borough Clerk at the Borough
Hall of the Borough of South Toms River, which application shall be
accompanied by the full amount of fees chargeable for this license.
a.
All applications for a license under this section shall be by written
statement upon the forms provided, which shall contain all information
required on the form.
b.
For each license, the applicant shall pay to the Borough Clerk, for
transmittal to the Chief Financial Officer the annual fee of $100.
[Ord. No. 5-06 § 4-6.3]
This section shall not apply to any person or entity otherwise
exempt by operation of law.
[Ord. No. 5-06 § 4-6.4]
Every license shall expire on December 31st of the year of issuance
and shall apply only to the person or corporation to whom granted
and shall not be transferable.
[Ord. No. 5-06 § 4-6.5]
All fees shall be due and payable on or before January 31 of
each year, or within 30 days of any change of ownership of the business
entity.
[Ord. No. 5-06 § 4-6.6]
No rebate or refund of any licensing fee or any part thereof
shall be made for any reason, including, by way of explanation and
not limitation, retirement of a license from business, nonuse of a
license for all or any portion of the license year, change of location
of business or fire, accident or other casualty rendering the use
of such license impossible or impracticable.
[Ord. No. 5-06 § 4-6.7]
A duplicate license may be issued by the Borough Clerk to replace
any license previously issued which was lost, stolen, defaced or destroyed
without the fault of the licensee, upon the filing by the licensee
of an affidavit sworn to before a notary public of the State of New
Jersey attesting to such fact and the payment to the Borough Clerk
for transmittal to the Chief Financial Officer of a fee of $15.
[Ord. No. 5-06 § 4-6.8]
Any license which may have been issued may be revoked or cancelled
for good cause by majority vote of the Borough Council at any regular
or special meeting.
[Ord. No. 5-06 § 4-6.9]
Any person to whom such licensee is granted shall be required
to exhibit the license in a place accessible for public viewing.
[Ord. No. 5-06 § 4-6.10]
The Code Enforcement Officer and any other duly authorized Public
Official are hereby designated as the personnel of the Borough charged
with the enforcement of this section.
[Ord. No. 5-06 § 4-6.11]
Any person, firm or corporation who shall violate a provision of this section, or fail to comply therewith, shall severally, for each and every such violation and noncompliance, be liable for the penalty stated in Chapter 1, Section 1-5. The imposition of a penalty for violation of this section shall not excuse the violation or permit it to continue and each day that such violation is permitted to exist shall constitute a separate offense.
[PRIOR ORDINANCE HISTORY: 1975 CODE §§ 4-3.1
– 4-3.6; Ord. No. 3]
[Ord. No. 3-14]
a.
No person or persons or parties whatsoever shall permit any outdoor
shows, concerts, circuses, carnivals, festivals, dances, theatrical
performances, exhibitions and public gatherings out-of-doors within
the Borough of South Toms River without having first obtained a license
from the Borough of South Toms River in the manner and upon the conditions
hereinafter set forth.
[Ord. No. 3-14]
As used in this section, the following term shall have the meaning
indicated:
Shall mean and include any kind of outdoor shows, concerts,
circuses, carnivals, festivals, dances, theatrical performances, exhibitions
and public gatherings out-of-doors within the Borough of South Toms
River.
[Ord. No. 3-14]
a.
Any person applying for a special event permit shall show that all
taxes and water payments due to date have been paid and all outstanding
financial obligations have been met, including but not limited to
fines and fees due the Borough.
b.
Any person applying for a special event permit shall show that all
zoning requirements have been met for the premises on which said special
event is to be held and for the property to be used as associated
parking facilities.
[Ord. No. 3-14]
a.
Notice to Abutting Owners. The applicant shall send special notice
by certified mail to all owners of abutting property within 200 feet
of the site of the special event and the parking area of the time
and place of said special event 10 days prior to scheduled Borough
Council Meeting where special event permit application is to be approved.
The applicant shall bear the cost of the certified mail. The 200-foot
list of abutting property owners shall be obtained from the Zoning
Department and/or Assessor's Office.
b.
Notice to Affected Persons/Businesses for Road Closure. Notify all
persons and businesses affected by said road closing. Said notice
shall be in writing and served upon the person/business in person
or by certified mail at least 10 days prior to Borough Council Meeting
where special event permit application is scheduled to be approved.
Affidavit of Service to said affected persons/businesses shall be
prepared by the applicant and filed with the Borough Clerk prior to
the Borough Council Meeting where special event permit application
is scheduled to be approved.
[Ord. No. 3-14]
a.
An application for license hereunder shall be signed by the person,
persons or parties responsible and shall be filed with the Borough
Clerk, accompanied by the fee payable hereunder. Such application
shall be filed in the Office of the Borough Clerk not less than 90
days prior to the date for which the license is desired. The Borough
Council shall act upon the application 30 days prior to the date for
which the license is desired.
The applicant shall set forth in the application for license
the following information:
1.
The name and address of the person or persons, or, in the cause of
a corporation, the names and addresses of the President, director
or trustee, responsible for conducting the outdoor special event for
purpose sought to be licensed.
2.
A statement explaining the activity to be carried out and the admission
fee to be charged.
3.
The proposed location, dates and hours of such special event.
4.
A statement of the expected minimum and maximum number of persons
(spectators) intended to use the property(ies) at one time and collectively
and the number of persons to be engaged (workers/volunteers) in the
outdoor event.
5.
The number of automobiles, motorcycles and other vehicles intended
to use the property(ies) at one time and collectively.
6.
A description and plan drawn to scale of the location wherein said
outdoor special event is to be carried on or conducted and activities
proposed to be conducted at said event.
7.
A detailed description of the various amusement devices intended
to be conducted or operated during the period for which the license
is sought, and any license issued upon such application shall be only
for amusement devices so described in said application.
8.
A plan drawn to scale showing the layout of any parking area for
motor vehicles, including the means of ingress and egress to such
parking area and a statement as to the number of acres or square feet
of the area to be devoted to this purpose. The number of parking spaces
and the number of cars per acre shall be determined by the Chief of
Police or his designee.
9.
For events involving carnival rides, copy of the ride vendor's New
Jersey DCA Permit to operate.
10.
A statement specifying whether food or beverages are intended to
be prepared, served or distributed; if food or beverages are intended
to be prepared, sold or distributed, a statement specifying the method
of preparation and distribution of such food or beverages and the
method of disposing of garbage, trash, rubbish or any other refuse
arising therefrom. If food or beverages are to be prepared, sold or
distributed, a plan drawn to scale must be attached to the application
showing the buildings or other structure from which the food and beverages
shall be prepared, sold or distributed.
Please Note: A Temporary Food License from the Health Department
and/or a Type I Permit from the Office of Fire Prevention may be required.
11.
A statement specifying whether any private security guard or off-duty
police will be engaged and, if so, the number of and duties to be
performed by such persons, including the hours to be worked and areas
of responsibility. Said number of private security or off-duty police
shall be determined by the Chief of Police or his designee.
12.
A statement specifying the precautions to be utilized for fire protection,
including a plan drawn to scale specifying the location of fire lanes
and water supply for fire control.
13.
A statement specifying tents and canopies to be utilized for the
special event, including:
(a)
A description of what the tent will be used for and the dates
and hours when the tent will be occupied;
(b)
A plan drawn to scale showing the tent location, all structures,
parking areas and the location of any proposed cooking of hearing
applicants (plan must show dimensions of tent and distance to any
other structure and property lines);
(c)
A floor plan showing the interior layout of the tent, including
all tables or chairs, EXIT locations, EXIT signs, emergency light
locations and fire extinguisher locations;
(d)
If any electrical appliances are proposed, they must be shown/listed
and the plan must indicate the electrical supply for these appliances;
(e)
A certificate of flame resistance showing the tent conforms
to NFPA 701.
Please Note: If a tent is proposed and is either more than 900
square feet or any one side is greater than 30 feet, a Construction
Permit is required from Construction Code Enforcement. If a canopy
(no side) or a tent less than 900 square feet and all sides less than
30 feet does not require a Construction Permit from Construction Code
Enforcement. Both tents and canopies may require a Type 16 permit
from Fire Prevention.
14.
(a)
A statement showing that adequate toilet facilities for the
capacity of the special event will be provided in compliance with
the State Sanitary Code.
(b)
One site plan (plan drawn to scale) can be submitted that includes
the requirements listed in this section in paragraphs a, 6, 7, 8,
10, 12 and 13(b). The requirements for paragraph a, 13(c) must be
submitted on its own site plan.
(c)
The application shall be signed by the applicant or applicants
and shall be verified under oath.
(d)
A fee of $25 shall be paid upon the filing of the application,
to be applied by the Borough towards its expense in investigating
the application, which said fee shall not be refunded whether a license
is issued or denied.
[Ord. No. 3-14]
Any outdoor special event in the Borough of South Toms River
shall commence no earlier than 9:00 a.m. and shall conclude no later
than 11:00 p.m. of the same day.
[Ord. No. 3-14]
Both the premises where the special event is held and the parking
area shall be closed as expeditiously as possible after the conclusion
of any special event, and no sleeping will be permitted on the grounds
or in vehicles in either area without proper sanitary sewer and approval
by the Health Department.
[Ord. No. 3-14]
Upon filing of the application, the Clerk shall refer a copy
of the application promptly to the Special Events Committee for investigation
of the matters in the application. Should an event require additional
assistance, the Special Events Committee may include the following
additional departments: Borough Clerk, Borough Engineer/DPW; Fire
Prevention; Police; Health; Recreation Commission and Code Enforcement
and Planning/Zoning. A written report shall be made to the Borough
Clerk of the result of such investigations by such officer or agent
of each department within 30 days from the filing of the application.
[Ord. No. 3-14]
a.
All licenses for special events shall be issued by the Borough Clerk
in the name of the Borough but only when the Borough Clerk shall have
been first authorized to issue such license by a resolution adopted
by the Borough Council.
b.
The license shall set forth and describe, with particularly, the
location of the event sought to be licensed hereunder shall take place
and the period of time during which it may continue.
c.
The license herein authorized shall not be issued or take effect
until all fees have been paid to the Borough as provided herein.
d.
Any license authorized to be issued hereunder shall be issued subject
to all provisions of this section.
[Ord. No. 3-14]
a.
Upon a resolution being adopted by the Borough Council, a license
shall issue as aforesaid upon the applicant's first paying to the
Borough Clerk a license fee of $125 for each week or part of a week
during which such special event is to be conducted and $200 in case
of circuses for each day or part of a day.
b.
For nonprofit organizations, a letter requesting waiver of license
fee or notation requesting waiver on application for Council consideration.
c.
Fees for carnivals, circuses and large special events will not be
waived because of the amount of staff time required to review and
make inspections.
[Ord. No. 3-14]
The applicant shall deposit with the Borough Clerk a cash deposit,
money order, certified check or treasurer's check in the amount of
$300 to guarantee the maintenance of the municipally owned premises
on which the applied-for activities are to be conducted. If, at the
end of such activity, the Health Inspector of the Borough decides
that the premises have not been returned to the condition they were
in as of the time that the applied-for activity commenced, he shall
be authorized to return the premises to such condition and to pay
for having the same done out of the deposit left with the Borough
Clerk for such purposes. After the premises have been restored to
their original condition, the balance of any moneys remaining shall
be returned by the Borough Clerk to the applicant.
[Ord. No. 3-14]
The applicant shall furnish evidence of a public liability insurance
policy, in an amount not less than $500,000 for one person and $1,000,000
for any one accident, which shall be in force and effect at the time
such structure is to be occupied or during which the carnival, circus,
traveling show or special event will be operating.
[Ord. No. 3-14]
Submission of off-duty Police escrow in an amount to be determined
by the South Toms River Borough Police Department:
a.
Payment to off-duty Police Officers for services provided shall be
made by the Finance Department from said escrow deposit. Should escrow
funds be found insufficient, the applicant shall deposit additional
funds with the Finance Department to cover the remaining cost of off-duty
Police protection;
b.
Any unused monies deposited for off-duty Police protection shall
be returned by the Borough Clerk to the person or organization making
the deposit approval of the Chief of Police.
[Ord. No. 3-14]
An inspection of the premises to be used is to be made by the
Chief of Police or other Borough official to ensure that adequate
off-street parking is available and to check on other public safety
factors.
[Ord. No. 3-14]
a.
If the application involves the closing of a public road, provide
an Insurance Certificate to cover the event and the closing of the
aforesaid public roadway in conjunction therewith in the amount of
$1,000,000. Said policy shall name the Borough of South Toms River
as additional insured and a certification of same shall be filed with
the Borough Clerk at least seven days prior to the event.
b.
If the application involves a carnival, circus, traveling show or
special event, provide an Insurance Certificate in conjunction therewith
in the amount of $500,000 for any one person/$1,000,000 for any one
accident. Said policy shall name the Borough of South Toms River as
additional insured and a certification of same shall be filed with
the Borough Clerk at least seven days prior to the event.
[Ord. No. 3-14]
a.
No person or party licensed hereunder shall allow, suffer or permit
any exhibition, performance or gathering of persons for any unlawful
purpose or to be conducted in any unlawful disorderly, obscene or
lewd manner.
b.
The licensee shall maintain at its own expense one or more persons
or agents responsible for the proper conduct of the event licensed,
who shall remain upon the premises licensed at all times during the
period in which the license shall be in effect.
[Ord. No. 3-14]
a.
In the event that any of the provisions of this section shall be
violated, the Borough Council, through its authorized officers or
agents, may terminate or suspend any license issued hereunder. Such
suspension or revocation shall be determined as follows:
1.
An authorized officer or agent authorized by the Borough Council
shall cause a written notice of the alleged violation of this section
or of any other laws involved to be served upon the license or any
of the agents of the licensee upon the premises, together with a notice
of the time and place of hearing, to be held not less than 24 hours
after service, directing the licensee to show cause before the Borough
Administrator or his designee why the license should not be suspended
or revoked.
2.
At the hearing, the Borough Administrator or his designee shall hear
all of the evidence offered by the Borough and the licensee which
is material to the issue and shall make a prompt determination of
its findings. If the findings be in favor of the licensee, the charges
will be dismissed; but if the findings be against the licensee, the
license issued may be revoked entirely or suspended upon such conditions
as the Borough Administrator or his designee may direct. In the event
of full revocation, the event licensed be terminated immediately and
no further outdoor carnival, circus, traveling show or special event
shall be held under the license granted therefor and any persons remaining
upon the licensed premises may be dispersed immediately by any peace
officer of the Borough and by such other persons or agents as may
be properly authorized by the Borough.
b.
In the event that it shall reasonably appear to the Borough Clerk
of the Borough or any other official designated by the Borough Council
for such purpose that the number of persons gathered or gathering
upon or for entry upon the licensed premises for any outdoor carnival,
circus, traveling show or special event licensed hereunder shall exceed
the allowable number of persons allowed on the licensed premises,
the Borough Clerk or other authorized official may give notice to
the licensee immediately to withhold proceeding with the event licensed
and shall then inform the Borough Council promptly of said action.
The licensee may thereupon request a hearing before the Borough Council
forthwith and said hearing shall be held as promptly as possible.
c.
No licensee fee or portion thereof shall be refunded following revocation
or suspension of any license issued.
[Ord. No. 3-14]
Nothing contained herein shall be deemed or construed so as
to prevent the enforcement of any other remedy at law, concurrent
or otherwise, available to the Borough of South Toms River or other
law enforcement authority to avoid or prevent any violation or attempted
violation of this section, such as but not limited to an injunction
or restraining order.
[Ord. No. 3-14]
This section is in addition to any other law, ordinance or regulation
affecting the subject matter herein and is not in limitation thereof.
[Ord. No. 3-14]
Notwithstanding any other provisions of this section, the Borough
of South Toms River hereby reserves the right to waive any or all
subsections of this section when it appears that the best interest
of the Borough of South Toms River shall be served by the waiving
of said provisions. Any waiving of said provisions shall not be considered
a precedent which would affect subsequent enforcement or non-enforcement
of the provisions of this section. In the event the Borough of South
Toms River does waive any provision, it shall be done by resolution
at a regular or special meeting of the Borough Council.
[1975 Code § 4-5; Ord. No. 15-2006 § 1]
As used in this section:
Shall mean any sale of new and used merchandise not conducted
as part of a continuing business venture.
[Ord. No. 15-2006 § 2]
No person, firm or corporation shall conduct a garage sale within
the Borough of South Toms River without first obtaining a permit therefor.
[Ord. No. 15-2006 § 3]
a.
The Police Department, Borough Clerk or designee is hereby authorized
to issue garage sale permits with a fee of $10.
b.
The permit shall be issued to the owner or tenant of the property
on which the sale will be held.
c.
The permit shall be valid for any two consecutive days which shall
be set forth on the face thereof.
d.
No more than three permits shall be issued to any one household in
any given year.
[Amended 7-22-2019 by Ord. No. 2019-8]
[Ord. No. 15-2006 § 4]
No garage sale shall be conducted on any property other than
the property described in the garage sale permit.
[Ord. No. 15-2006 § 5]
[Ord. No. 3-83 § 3]
It shall be unlawful for any person to engage in or carry on,
within the limits of the Borough, the business of offering to the
public the operation of pinball machines, video games, or similar
machines or devices without having obtained a license from the Borough
Clerk therefor and paying the license fee as required.
[Ord. No. 3-83 § 3]
The Borough Clerk shall issue this license after the Clerk has
made inquiries and is satisfied that the applicant qualifies for a
license under this section and the applicant has paid the required
fee.
[1975 Code § 4-5.3; Ord. No. 3-83 § 3; Ord. No. 6-97]
a.
Licenses shall be issued when same are to be utilized as an ancillary
or accessory use to any business premises permitted by ordinance.
b.
There shall not be allowed more than three pinball machines, video
games or similar machines or devices in or about any business premises
which contains less than 2,000 square feet. For businesses which contain
more than 2,000 square feet, applications may be made to the Borough
Land Use Board for licenses which permit no more than one machine
per 2,000 square feet. The Borough Clerk shall not issue more than
three licenses for the same premises, or in the alternative, licenses
may issue permitting no more than one machine per 2,000 square feet.
[1975 Code § 4-5.4; Ord. No. 3-83 § 3]
The fee for each license shall be $100 per year or any part
thereof. Licenses shall expire on December 31 annually.
[Ord. No. 8-01 § 1,
§ 12]
As used in this section:
And the word Park, as used herein, shall mean any building,
structure and/or any place of amusement operated upon a lot or plot
of ground in the open air, permanent in its nature and operated by
private enterprise for profit during the entire year or any part thereof,
whether admission is charged to enter or not.
Shall mean any game or amusement which is authorized under
the provisions of the Amusement Games Licensing Law[1] (Chapter 109 P.L. 1959), except that there shall not be
permitted a game of chance incorporating:
A laydown board marked in segments bearing numbers, games, or
symbols whereon the player or players place the entry fee as an indication
of choice of expected winner.
Electrical push-button switches or similar devices situated
or located at each segment on the Board which enable any player to
start or stop the same.
A moving indicator powered and driven by an electric motor which
may be activated and deactivated by any player by means of the switches
provided.
An arrangement of numbers, names or symbols corresponding to
those on the laydown board to one of which the moving indicator points
when it stops after exhausting its momentum following deactivation
of the motor, generally known as "stop and go game."
[1]
Editor's Note: Refer to N.J.S.A. 5:8-1 et seq. and N.J.A.C.
13:47-1.1 et seq.
[Ord. No. 8-01 § 2]
It is hereby recognized, that there exists within the Borough
of South Toms River an amusement park located at 1 South Main Street,
Borough of South Toms River which amusement park is presently known
as the "Recreation Station."
[Ord. No. 8-01 § 3]
It shall be unlawful for any person, firm or corporation to
own or operate within this Borough any amusement game or games as
defined in the "Amusement Games Licensing Law" (Chapter 109, P.L.
1959; N.J.S.A. 5:8-101), without first having obtained a proper license
from the Borough Council. This license shall be issued subject to
the provisions of "Amusement Games Licensing Law" (Chapter 109, P.L.
1959), and the Revised Amusement Games Regulations, effective April
11, 1966, promulgated by the Legalized Games of Chance Control Commission,
Department of Law and Public Safety of the State of New Jersey.
[Ord. No. 8-01 § 4]
Each applicant for a license shall file with the Borough Clerk
a written application in duplicate. The application shall be in the
form prescribed by the Legalized Games of Change Control Commission
and shall comply with all the requirements as specifically set forth
in Section 2 of Chapter 109, Public Laws 1959 and any amendments and
supplements thereto and any additional requirements as may be promulgated
by the Legalized Games of Chance Control Commission of the State of
New Jersey.
[Ord. No. 8-01 § 5]
The governing body shall make an investigation of the qualifications
of each applicant and the merits of each application as directed by
the Amusement Games Licensing Law. In the Borough of South Toms River,
the Chief of Police shall be charged with the duty and responsibility
of making the initial investigation and reporting in writing to the
governing body.
[Ord. No. 8-01 § 6]
a.
Upon proof of compliance with all applicable requirements, the Borough
Council shall authorize by resolution the issuance of a license which
shall be in effect for a term of one year commencing with date of
issuance and terminating on December 31 annually. The resolution shall
specifically recite that the premises to be licensed are located in
a recognized amusement park in the Borough. A certified copy of the
resolution, together with copy of the application and license certificate
issued shall be transmitted to the Legalized Games of Chance Control
Commission.
b.
License Certificate.
1.
Each license certificate shall be issued in triplicate: the original
shall be delivered to the applicant; one copy to the Commission, as
aforesaid; and one copy shall be retained by the Borough Clerk.
3.
The license certificate shall be in the form prescribed by the Legalized
Games of Chance Control Commission.
c.
Each license shall be conspicuously displayed at the place or places
where the game is to be conducted at all times during the conduct
thereof.
[Ord. No. 8-01 § 7]
The Borough expressly reserves the right to license amusement
games other than the ones described herein and to establish fees therefore
for the use in the area designated in accordance with the requirements
set forth in this section. The games hereinafter licensed shall be
incorporated herein by reference thereto.
[Ord. No. 8-01 § 8]
a.
No application for the issuance of a license shall be refused by
the Borough Council until after a hearing is held on due notice to
the applicant, at which the applicant shall be entitled to be heard
upon the qualifications of the applicant and the merits of the application.
b.
Any license issued under this section may be amended, upon application
to the Borough Council if the subject matter of the proposed amendment
could lawfully and properly have been included in the original license
and upon payment of such additional license fee, if any, as would
have been payable, if it had been so included.
c.
No license issued pursuant to this section shall become operative
unless and until the licensee named therein shall have procured a
State license from the Legalized Games of Change Control Commission.
[Ord. No. 8-01 § 9]
a.
The Borough Council shall have and exercise control and supervision
over all amusement games held, operated or conducted under such license
with all the powers authorized or granted to it under the Amusement
Games Licensing Law and all amendments and supplements thereto.
b.
The Chief of Police may inspect or cause to be inspected any place
or building in which amusement games or services are operating.
c.
Amusement games and devices shall be kept and placed in plain view
of any person who may frequent and be in any place or place of business
where such devices or games are used and licensed.
d.
Nothing in this section shall be construed to authorize or license
any gambling device or game not specifically permitted by the laws
of New Jersey.
e.
No gambling between participants in any amusement games or the users
of any amusement devices shall be permitted at any time.
f.
Amusement games and devices shall not be permitted at any premises
licensed for the sale of alcoholic beverages pursuant to Title 33
of the New Jersey Statutes.
[Ord. No. 8-01 § 10]
Any person, association, or corporation who or which shall make
any false statement in any application for such license, or who shall
fail to keep such adequate and proper books and records as shall fully
and truly record all transactions connected with the holding, operating
or conducting of amusement games under such license, or who shall
falsify or make any false entry in any books or records so far as
they relate to any transaction connected with the holding, operating
and conducting of any amusement game under any such license, or who
shall violate any of the provisions of this section or the Amusement
Games Licensing Law (Chapter 109 P.L. 1959) as amended or of any of
the terms such license, shall be a disorderly person; and if convicted
as such, shall, in addition to suffering any other penalties which
may be imposed, forfeit any license issued to it under this section.
[Ord. No. 8-01 § 11]
a.
There shall be issued to an applicant who shall qualify a separate
license for each place at which the licensee is authorized to hold,
operate and conduct such games. The annual license fee for each such
place shall be the sum of $100 so long as there are no more than three
games located at such place.
b.
For businesses which contain more than 2,000 square feet, a separate
license may be issued which shall permit no more than one machine
per 500 square feet. The Borough Clerk shall not issue more than three
licenses for the same premises, or, in the alternative, licenses may
issue permitting no more than one machine per 500 square feet.
c.
The required fee, which shall be an annual fee without proration,
shall accompany the license application. In the event that the license
is denied or the application therefor is withdrawn, the Borough shall
retain 25% of the application fee as an investigation fee, and the
balance shall be returned to the applicant.
d.
The Borough Council expressly reserves the right to license amusement
games other than the ones described and to establish fees therefor
for the use in the area designated in accordance with the requirements
set forth herein. The games hereinafter licensed shall be incorporated
herein by reference thereto.
[Ord. No. 8-01 § 13]
a.
The provisions of this section shall not apply to any carnival, fair,
or other activity held on an annual basis by a nonprofit group or
organization wherein amusement devices, structures, or rides are installed
or used on a temporary basis.
b.
Exempt Organizations. Baseball, football and basketball games, entertainments
or lecture courses by civic bodies and Fire Companies of the Borough,
and entertainments or lecture courses, the expense of which are guaranteed
by residents of the Borough, are excepted from the requirements of
this section.
c.
Charitable or Religious Organizations. This section shall not apply
to any of the amusements enumerated when the net proceeds are for
the benefit of any charitable or religious organization located within
the Borough or when given the pupils of any school in the Borough,
the proceeds of which are to be used for educational purposes.
[Ord. No. 8-01 § 14]
All licenses issued under this section shall expire on December
31 of each year.
[Ord. No. 8-01 § 15]
[Ord. No. 4-14 § 1]
As used in this section:
Shall mean Borough of South Toms River.
Shall mean any person who drives a taxi/autocab/limousine
within this Borough.
Shall mean any automobile or motor car used in the business
of carrying passengers for hire to provide pre-arranged passenger
transportation on a dedicated, nonscheduled, charter basis that is
not conducted on a regular route and with a seating capacity of no
more than 14 passengers, not including the driver, and which charges
a premium fare or price agreed upon in advance.
Shall consist of transporting in such taxi/autocab/limousine
of one or more persons for hire. A taxi/autocab/limousine which is
operated or run, over any of the streets within the Borough, to seek
or accept passengers for transportation from points or places to points
or places within or outside the Borough shall be deemed to be operation
of a taxi/autocab/limousine within the Borough. A taxi/autocab/limousine
parked or idling on a Borough street or accepting a passenger for
hire from a point of departure within the Borough shall be deemed
to be operation. Operation of a taxi/autocab/limousine by one other
than the owner shall be deemed operation by the owner, as well as
operation by the person actually driving the taxi/autocab/limousine.
The transportation in or through the Borough of any person other than
the owner or driver of any motor vehicle bearing signs therein or
thereon using the word "taxi", "cab", "autocab", "car service", "hack",
"dial a ride", "call a ride", "transport", "transport vehicle", "car
service" or "transportation" shall be prima facie evidence of operation.
Shall mean any person, corporation, business entity or association
in whose name title to any taxi/autocab/limousine is registered with
the New Jersey Motor Vehicle Commission, or who appears in any governmental
records to be the conditional vendee or licensee thereof.
Means and includes any individual, copartnership, association,
corporation or joint stock company, their lessees, trustees or receivers
appointed by any court whatsoever.
Shall mean the location of the main place of business of
the taxicab or limousine service where the service is conducted, where
taxicabs or limousines are dispatched, and where drivers report for
duty. A zoning permit is required for the establishment of a principal
place of business within the Borough of South Toms River.
Shall mean and include any automobile commonly called taxi,
engaged in the business of carrying passengers for hire which is held
out, announced or advertised to operate or run, or which is operated
or run over any of the streets within the Borough and which accepts
or discharges passengers for transportation from points or places
to points or places within or outside the Borough. Taxi/autocab/limousine
shall not include a limousine as defined by N.J.S.A. 48:16-3.
[Ord. No. 4-14 § 2]
No person shall operate any taxi/autocab/limousine within the
Borough unless both the taxi/autocab/limousine and the driver thereof
are licensed in the Borough in accordance with this section and said
person or corporation conforms to all of the laws and regulations
of the State of New Jersey.
[Ord. No. 4-14 § 3]
All taxi/autocab/limousine owners and operators, operating within
the Borough shall be licensed in accordance with the provisions of
this section.
There are hereby established two classes of taxi/autocab/limousine
licenses in the Borough as follows:
a.
Taxi/Autocab/Limousine/Driver's License. This license shall entitle
the individual named therein to operate within this Borough any taxi/autocab/limousine
duly licensed hereunder. Such license may only be issued in the name
of an individual and not in the name of the business entity.
b.
Taxi/Autocab/Limousine/Owner's License. This license shall entitle
the vehicle therein listed and described to be used as a taxi/autocab/limousine
and operated in this Borough by a driver duly licensed hereunder.
[Ord. No. 4-14 § 4]
a.
Application Form. Each applicant for the issuance or renewal of a
license of either class shall supply, in full, the information requested
on the application forms approved by the Borough Administrator and
obtained from the Borough Clerk, and shall verify the correctness
thereof by certification. The completed application must be filed
with the Borough Clerk, together with the fee hereinafter fixed.
1.
Applications for taxi/autocab/limousine owner's and driver's licenses
shall be filed with the Borough Clerk at any time, but no taxi/autocab/limousine
shall be operated in the Borough until both the taxi-autocab and driver
are licensed in accordance with this section each year.
2.
There shall be a maximum of 15 taxi/autocab/limousine owner's licenses
available for issuance. Said number may be increased subject to the
discretion of the Borough through the public bid process in accordance
with N.J.S.A. § 48:16-2.1 et seq.
3.
Requirements for Taxi/Autocab/Limousine Owner's Licenses. Each applicant
for a taxi/autocab/limousine owner's license must meet the following
requirements to be considered for issuance of a license:
(a)
Be of the age of 21 years, or over.
(b)
Fully complete an application form provided by the Borough Clerk,
which shall be signed and sworn to or certified by the applicant and
filed with the Borough Clerk as a permanent record.
(c)
The applicant shall be required to consent to and submit to
a State and Federal criminal history check, either by fingerprinting
or live scan through Morphotrak, Inc. (a private company under contract
with the State of New Jersey) or whoever vendor under contract is
at the time, at the Borough's sole discretion, which shall be forwarded
to the Borough at the cost and expense of the applicant.
(d)
Insurance.
(1)
Each applicant for a taxi/autocab/limousine owner's license
shall, together with the application, submit the insurance policy
required by N.J.S.A. 48:16-3 et seq., covering the taxi/autocab/limousine
sought to be licensed; and each applicant shall then and thereafter
comply with all of the provisions of N.J.S.A. 48:16-1 et seq., as
well as the acts amendatory thereof or supplemental thereto.
(2)
If the applicant operates in more than one municipality, the
applicant must file an original duplicate autocab insurance certificate
issued pursuant to N.J.S.A. 48:16-7 by the Clerk of the municipality
within which the owner's principal place of business is located.
(3)
The minimum acceptable insurance liability limit is as follows:
Combined single limit coverage: $100,000.
4.
Requirements for Taxi/Autocab/Limousine Driver's License. Each applicant
for a taxi/autocab/limousine driver's license must meet the following
requirement:
(a)
Be of the age of 21 years, or over.
(b)
Possess a valid New Jersey driver's license.
(c)
Submit a completed Medical Examiner's Certificate required under
49 CFR 391.41-391.49 to the Borough from a licensed physician stating
that the applicant has been examined within 60 days of the date of
the application and is fit for the safe operation of a taxi/autocab/limousine.
(d)
Fully complete an application form provided by the Borough Clerk,
which shall be signed and sworn to or certified by the applicant and
filed with the Borough Clerk as a permanent record.
(e)
The applicant shall be required to consent to and submit to
a State and Federal criminal history check, either by fingerprinting
or live scan through Morphotrack, Inc. (a private company under contract
with the State of New Jersey) or whoever the vendor under contract
is at the time, at the Borough's sole discretion, which shall be forwarded
to the Borough at the cost and expense of the applicant.
(f)
The applicant shall be required to apply to the New Jersey Motor
Vehicle Commission for a certified driver history abstract which shall
be forwarded to the Borough at the cost and expense of the applicant.
[Ord. No. 4-14 § 5]
a.
Upon notification by the Borough Clerk of satisfactory fulfillment
of the foregoing requirements, the Mayor and Council shall either
grant or deny the license application, unless the governing body returns
or holds over the application for further investigation.
b.
Any license issued pursuant to this section shall expire at midnight
of the 31st day of December of the year in which it was issued, and
shall not be transferable.
[Ord. No. 4-14 § 6]
a.
The annual fee for each taxi/autocab/limousine owner's license hereafter
issued, or any renewal thereof, shall be $50. The license is not transferable
and is granted to a specific vehicle. If such vehicle is sold or conveyed
during the license year, the owner may apply to the Borough for a
substitute for the remainder of the license period.
b.
The annual fee for each taxi/autocab/limousine driver's license hereafter
issued, or any renewal thereof, shall be $50 for each year, or portion
of a year, for which the license is issued or renewed.
1.
In the event a person issued a taxi/autocab/limousine owner's license
also makes application for a taxi/autocab/limousine driver's license,
the $50 license fee will be waived if the taxi/autocab/limousine owner
also happens to be the designated driver of that particular licensed
taxi/autocab/limousine.
[Ord. No. 4-14 § 7]
a.
The Mayor and Council may, in their discretion, refuse to issue or
renew, or may after notice and hearing before the Mayor and Council,
revoke or suspend any taxi/autocab/limousine driver's and/or owner's
license issued hereunder if the applicant or licensee:
1.
Has been convicted of a crime in this or any other jurisdiction.
2.
Violates any provision of this section.
3.
Has not complied fully with all of the requirements of this section.
4.
If the motor vehicle licensed, or to be licensed, has unsafe or unsanitary
conditions, or is otherwise dangerous to the safety or health of the
occupants or others.
5.
If the policy of insurance required by N.J.S.A. 48:16-3 and subsection 4-7.4a,3(d) lapses, or such coverage is not maintained at all times.
6.
Has in any degree contributed to any injury to any person, or damage
to property, arising out of reckless operation of a motor vehicle
pursuant to N.J.S.A. 39:4-96.
b.
A person shall be disqualified from operating or driving an autocab
if a criminal history record background check as required by this
section reveals a record of conviction of any of the following crimes:
1.
In New Jersey or elsewhere any crime as follows: aggravated assault,
arson, burglary, escape, extortion, homicide, kidnapping, robbery,
aggravated sexual assault, sexual assault or endangering the welfare
of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with
or having in his possession any weapon enumerated in subsection r
of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A.
2C:39-3, N.J.S.A. 2C:39-4, or N.J.S.A. 2C:39-9, or other than a disorderly
persons or petty disorderly persons offense for the unlawful use,
possession or sale of a controlled dangerous substance as defined
in N.J.S.A. 2C:35-2.
2.
In any other state, territory, commonwealth, or other jurisdiction
of the United States, or any country in the world, as a result of
a conviction in a court of competent jurisdiction, a crime which in
that other jurisdiction or country is comparable to one of the crimes
enumerated in paragraph b,1 of this subsection.
3.
If a person who has been convicted of one of the crimes enumerated
in paragraphs b, 1 and 2 of this subsection can produce a certificate
of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the
criminal offense occurred outside New Jersey, an equivalent certificate
from the jurisdiction where the criminal offense occurred, the criminal
offense shall not disqualify the applicant from operating or driving
an autocab.
[Ord. No. 4-14 § 8]
a.
No taxi/autocab/limousine shall be operated in the Borough unless
the taxi/autocab/limousine driver's license (including photograph
identification) of the person operating the taxi/autocab/limousine,
is prominently displayed and open to view of passengers in accordance
with reasonable procedures of the Borough.
b.
The Certificate of Insurance required by N.J.S.A. 48:16-6 shall likewise
be prominently displayed in accordance with reasonable procedures
of the Borough provided by way of written notice to the licensee.
[Ord. No. 4-14 § 9]
a.
Every taxi/autocab/limousine operating within the Borough shall have
affixed or painted on both sides thereof the words "taxi" or "cab"
in letters at least six inches high, or the name of the operating
owner containing the words "taxi" or "cab" or "taxicab", as well as
the business telephone number.
b.
Every taxi/autocab/limousine or other vehicle required to be licensed
under this section operating within the Borough shall display a visual
identification symbol the design, specification and contents of same
to be determined in the sole discretion of the Borough, by way of
a decal, magnetic device, placard or other method which will identify
the vehicle as properly and currently licensed. The method of display
shall be as determined by the Borough Police Department and communicated
in writing to the taxi license holder which shall be required to adhere
to the contents of said notice within seven calendar days of the date
of the notice. The Borough may elect to require that the visual identification
symbol be made and then affixed to the licensed vehicle by a vendor
or vendors of the Borough's designation, all such costs for such production
and affixing to the licensed vehicle to be paid by the licensee.
[Ord. No. 4-14 § 10]
a.
No Cruising. No person shall cruise the streets of the Borough in
any vehicle, including but not limited to taxi/autocab/limousines
at any time for the purpose of soliciting for one or more persons
for transportation for a fee or fare.
1.
Pre-arranged Pickup. Any taxi/autocab/limousine may pick up passengers
if the taxi/autocab/limousine owner or the owner's agent has been
specifically called by the person seeking transportation or someone
acting on said persons behalf or such person has otherwise arranged
in advance for pickup at a specific time and place. The taxi/autocab/limousine
driver must have proof of such pre-arrangement including at a minimum
the full name of the person to be picked up, the full name of the
person making the arrangements and a contact phone number for said
person making the arrangements.
b.
All persons shall be picked up or discharged at the curb, or in off-street
areas designated by business establishments for the use of their patrons,
and the taxi/autocab/limousine shall at no time interfere with traffic
on any roadway. Nothing herein shall preclude commercial establishment
locations to establish pick-up areas in parking lots.
[Ord. No. 4-14 § 11]
The Borough of South Toms River may designate the location and size of any taxi stand in accordance with State law and pursuant to the Borough of South Toms River Code Section 7-38. Only taxi/autocab/limousines and taxi/autocab/limousine drivers licensed by the Borough under this section may utilize the taxi stand. No person shall sit idle, park or operate in a designated taxi stand for any other purpose except to pick up or discharge passengers. A designated taxi stand may only be occupied by a taxi/autocab/limousine and driver licensed by the Borough in accordance with this section. No person shall leave any vehicle unoccupied at any designated taxi stand. A taxi stand shall allow a person the opportunity to find transportation services in an expeditious, unbiased, nondiscriminatory and courteous manner. No passenger may be denied transportation by any taxi/autocab/limousine occupying any portion of a designated taxi stand provided that said passenger has the ability to meet the terms, fare or fee for the service to be rendered. Call ahead or pre-arranged pickups may not be picked up from any designated taxi stand.
a.
Temporary Taxi Stand. The ranking or senior Borough Police Officer on duty may, in the event, the number of people at any location seeking transportation from Taxi/autocab/limousines creates or may create a safety concern and or may create a disturbance of the peace, may establish a temporary taxi stand at any public location, such temporary taxi stand to be designated by temporary traffic signs or other traffic devices identifying the temporary taxi stand. The provisions of subsection 4-7.11 applicable to taxi stands shall be applicable to temporary taxi stands pursuant to the Borough of South Toms River Code Section 7-38.
[Ord. No. 4-14 § 12]
a.
Any person violating any of the provisions of this section shall,
upon conviction of a first offense be subject to a fine of not to
exceed $250; on conviction of a second offense be subject to a fine
of not to exceed $500 and for a third or subsequent offense be subject
to a fine of $1,250, and/or be subject to a term of imprisonment not
exceeding 90 days in the County Jail, or in any other place provided
by the municipality for the detention of prisoners, or both.
b.
Any corporation violating any of the provisions of this section shall,
upon conviction, pay a fine of not less than $500 or more than $1,250.
c.
Nothing herein shall preclude the prosecution of any such violation
under Title 48 and or Title 2C of the New Jersey statutes nor restrain
or prohibit the Mayor and Council from suspending or revoking any
license issued hereunder in accordance with the provisions of this
section.
[1975 Code § 4-1.1]
This section is enacted pursuant to the Police and zoning powers
of this Borough to promote the health and welfare of its inhabitants,
property owners and taxpayers.
[1975 Code § 4-1.2]
Except as hereinafter specifically set forth, it shall be unlawful
for any person to occupy or permit to be occupied on his lands or
otherwise a trailer, mobile home, camper, motor home, motor vehicle,
van, tent or other "structure" as defined in N.J.S.A. 40:55D-7, for
human habitation, storage, office, manufacturing or business use anywhere
in the Borough.
[1975 Code § 4-1.3]
In the event of: (a) total destruction of a home in the Borough
by fire or other catastrophe or calamity; (b) the rebuilding or extensive
remodeling of an existing professional, commercial or industrial building
or structure; or (c) extensive development requiring temporary accommodation
of the contractor, his crew or equipment, upon application to the
Mayor and Council and upon a showing that: (1) there is no reasonably
available economic alternative; and (2) there will be no adverse effect
to adjoining properties in the zone, provided that the owners of all
properties within 200 feet, shall first be given notice of such application
and an opportunity to be heard, the Mayor and Council may, in its
discretion, grant a trailer occupancy license permitting the licensee's
occupancy for human habitation, storage, office, manufacturing or
business use for a temporary period not to exceed six months, which
license may be renewed by the Mayor and Council, in its discretion
for only one additional period not to exceed six months.
[1975 Code § 4-1.4]
a.
In connection with the granting and renewal of the aforementioned
license, a fee in the amount of $60 for an original trailer occupancy
license or license renewal for temporary human habitation shall be
paid to the Chief Financial Officer at the time of the application
or application for renewal.
b.
A fee in the amount of $150 for an original trailer occupancy license
or license renewal for storage, office, manufacturing or business
use shall be charged and shall be paid to the Chief Financial Officer
at the time of application or at the time of application for renewal.
[1975 Code § 4-1.5]
No license shall be issued or renewed unless a written application shall first be filed in the office of the Borough Clerk, accompanied with proof of service of a notice of application to all owners of properties within 200 feet of the premises covered by the application, in accordance with a list of such owners to be obtained from the Borough Tax Assessor, as set forth in subsection 4-8.3, unless the applicable original or renewal fee shall be paid, as set forth in subsection 4-8.4 above, and unless the Mayor and Council shall determine, in its discretion that such license should be granted or renewed, as set forth in subsection 4-8.3 above. All necessary forms shall be provided by the Borough Clerk.
[1975 Code § 4-1.6]
No trailer shall be located, placed or kept on any public highway
or public land or upon private lands without permission from the owner
or other person entitled to possession or occupancy of such land.
[1975 Code § 4-1.7]
Any license granted or renewed pursuant to this section shall
not be transferable in any regard, including, without limitation,
as to trailer, licensee or location.
[1975 Code § 4-1.8]
The trailer and the premises on which it is located shall at
all times be kept in a neat, clean and sanitary condition.
[1975 Code § 4-1.9; New]
[1975 Code § 4-1.10]
This section shall be enforced by the Code Enforcement Officer
and any other duly designated and authorized officers and employees
of the Borough of South Toms River.
[Ord. No. 3-11]
No person, firm, association, partnership or corporation shall
hereafter conduct or permit to be conducted any retail business commonly
known and designated as "auctions" in the Borough, unless a license
for such business is first obtained from the Borough by the person
desiring the auction.
[Ord. No. 3-11]
Any business wherein the price of articles to be sold is fixed
and determined by bidding shall be construed an "auction" within the
meaning of this section.
[Ord. No. 3-11]
Before any license is granted as set forth in subsection 4-9.1, the applicant shall make an application in writing therefor to the Mayor and Council of the Borough which application shall disclose the following:
a.
Name, age and residence of the applicant.
b.
Type of merchandise to be displayed and sold at auction.
c.
Business reference of three persons not related to the proposed applicant.
d.
Where applicant is a corporation, the registered office of the corporation
and the name of the registered agent.
e.
Whether applicant has ever been convicted of a crime.
[Ord. No. 3-11]
The Mayor and Council shall investigate each application made
and is empowered and authorized to issue a license for the auction.
[Ord. No. 3-11]
a.
The Mayor and Council shall require, as a condition precedent to
granting the license, a bond from the applicant of the Borough in
the sum of $5,000 with sufficient sureties acceptable to the Mayor
and Council, and conditioned for the due observation of this section
and such other ordinances or regulations that may be passed respecting
the conduct or operation of such auctions.
b.
The bond shall be for the protection of persons and property and
the preservation of the safety and property of the Municipality and
its inhabitants, as may now or hereafter be required by any State
law or municipal ordinance or regulation. Bond shall be renewed from
time to time, and no auction shall be operated or conducted if the
bond is expired, revoked or cancelled for any reason whatsoever.
[Ord. No. 3-11]
Such license, if granted, shall be conspicuously placed upon
the premises, and shall in no case whatsoever be transferable.
[Ord. No. 3-11]
The license fee shall be the sum of $200 per year, all payable
in advance for each year, and each year shall commence on January
1 and expire on December 31 of each year.
[Ord. No. 3-11]
The Mayor and Council may, upon its own motion or upon the complaint
in writing of any person, investigate the actions of the licensee,
and shall have power to suspend for the unexpired portion of the license
period, or revoke, any license issued under the provisions of this
section or any ordinance that may be hereafter adopted by the Borough,
where the applicant, licensee, tenant or any person acting for them
or any of them in performing or attempting to perform any of the acts
mentioned herein, is deemed to be guilty of:
[Ord. No. 3-11]
The premises upon which the auctions are or may be located shall
be open to inspection at all reasonable hours by any Borough official
or member of the Police Department.
[1975 Code § 4-3.1; Ord. No. 6-14]
It shall be unlawful for any person to engage in or carry on
within the limits of the Borough the business to carry on or conduct
pool and billiard parlors until and unless such person first obtains
a license from the Borough Clerk therefor, and pay the license fee
as hereinafter fixed.
[1975 Code § 4-3.2; Ord. No. 6-14]
The Borough Clerk is hereby authorized to issue such license
upon the payment by the applicant of the proper fee therefor as hereinafter
prescribed except that the Borough Clerk shall issue no license for
any cabaret, dance hall, carnival or public show or performance of
any nature, whether the same be operated in connection with or separate
from any restaurant or bar, unless and until the application is first
approved by the Mayor and Council in regular meeting.
[1975 Code § 4-3.3; Ord. No. 6-14]
Every license shall remain in force and shall be valid only
for the time expressed in the license, shall apply only to the person
to whom granted and shall not be transferable.
[1975 Code § 4-3.4; Ord. No. 6-14]
Any person to whom a license is granted shall be required to
exhibit the license to the proper authorities when called upon to
do so.
[Ord. No. 6-14]
The license fees under this section are hereby fixed as follows:
a.
Pool and billiard parlors, license fee for each table shall be $5
per year.
[1975 Code § 4-3.6; Ord. No. 3 § 5; Ord. No. 6-14]
No rebate from the yearly amount of these fees shall be allowed
for a portion of a year.
[Ord. No. 5-14; amended
in its entirety by 12-26-2023 by Ord. No. 2023-16]
[Added 12-26-2023 by Ord. No. 2023-16]
a.
Purpose and Intent.
The purpose of this chapter is to:
Implement, within the jurisdiction boundaries of the Borough
of South Toms River and establish procedures pursuant to the New Jersey
Pawn Broking Law N.J.S.A. 45:22-2 et seq.
Establish procedures for the licensing and operation of pawnbrokers
and dealers of secondhand goods, through the implementation of a standard
body of uniform policies and recordkeeping requirements to which each
business governed by this chapter shall abide.
Facilitate the prevention of fraud, impositions and other abuses
upon citizens of the Borough of South Toms River.
Ensure the difficulty of disposing of stolen property and aid
in the recovery of stolen property.
No person shall use, exercise or carry on the business, trade
or occupation of buying scrap gold, old gold, silver, jewelry, home
electronics/audio and visual equipment, musical instruments, telephones
and telephonic equipment, scales, computers, computer hardware and
software, typewriters, word processors, scanners, sporting goods of
all kinds, antiques, platinum, all other precious metals, tools of
all kinds, televisions, DVRs, GPS, camcorders, car stereos, gift cards,
furniture, clothing or other valuable articles, hereinafter referred
to as "secondhand goods or articles," or being a secondhand Dealer
within the Borough of South Toms River without having first obtained
a license from the Borough Clerk of the Borough of South Toms River
as hereinafter provided.
b.
ACCEPTABLE IDENTIFICATION
ANTIQUE DEALER
ANTIQUE or ANTIQUES
ARTICLE
BUSINESS ENTITY
CHIEF OF POLICE
DATABASE
DEALER
DESIGNATED VENDOR
GARAGE SALE
GIFT CARD
LICENSEE
MINOR
PAWNBROKER
PAWNBROKING LAW
PERSON
PLEDGE
PLEDGOR
PRECIOUS METALS
PURCHASE
REPORTABLE TRANSACTION
SECONDHAND DEALER or DEALER IN SECONDHAND GOODS
1.
2.
3.
4.
(a)
(b)
(c)
TRANSIENT BUYER
Definitions.
Words used in the present tense shall include the future, words
in the plural number shall include the singular number, and words
in the singular number shall include the plural number. The word "shall"
is always mandatory and not merely directory. As used in this chapter,
the following terms shall have the meanings indicated:
Acceptable forms of identification include: a current valid
New Jersey Driver's License or Identification Card, a current
valid photo driver's license issued by another US state, a valid
United States Passport, or other verifiable US Government-issued identification.
Any person, partnership, firm, association or corporation,
other than a licensed pawnbroker or licensed secondhand dealer, having
a place of business in the Borough of South Toms River for the purpose
of purchasing, trading or dealing in antiques or primitives and who
derives 75% of his or her gross sales from the sale of antiques or
primitives.
One or more old and valuable art object or item no longer
in production that is at least 50 years old. As used in this chapter,
the terms "antique" or "antiques" shall also mean "primitives."
Any article of merchandise, including any portion of such
article, whether a distinct part thereof or not, including every part
thereof whether separable or not, and also including material for
manufacture. And as so defined in N.J.S.A. 51:6-1.
Any and all forms of business organization operating pursuant
to law, including but not limited to entities designated and/or operating
as a partnership, limited-liability company, corporation, "S" corporation,
association, or firm. For purposes of this chapter, the term "business
entity" includes a foreign business or business formed under the laws
of another state which business is authorized by the State of New
Jersey Division of Revenue to conduct business within this state and,
at all times relevant to this chapter, is in good standing with the
New Jersey Division of Revenue. Foreign businesses include all forms
of business entity recognized in the foreign jurisdiction, including
any form of business entity not otherwise recognized by the laws of
the State of New Jersey, such as, without limitation, a limited-liability
partnership.
The Chief of Police of the Borough of South Toms River or
his designee/representative.
A computerized internet capable database with hardware and
software compliant to, accessible by, and acceptable to the Chief
of Police.
Any person, partnership, corporation, or other entity, whether
permanent or itinerant, who on one or more occasions (through any
means) buys or sells or otherwise exchanges or trades secondhand gold,
silver, precious metals, gems, or jewelry, and includes anyone advertising
the purchase or sale of any of the aforementioned items.
A person or entity who is appointed or designated by the
Chief of Police who is authorized to collect and maintain precious
metal transaction information or other purchase information as defined
herein, for the Borough of South Toms River.
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale," "flea market sale," "auction sale "or" yard
sale" or any similar casual sale of used tangible personal property
which is advertised by any means whereby the public at large is or
can be made aware of the sale.
A restricted monetary equivalent or script that is issued
by retailers or banks to be used as an alternative to a nonmonetary
gift.
Any person or business entity granted a license pursuant
to this chapter and/or granted a license by the Department of Banking
and Insurance in accordance with the Pawn Broking Law.
Any person under the age of 18 years.
Any person, partnership, association or corporation lending
money on deposit or pledge of personal property, other than chooses
in action, securities, or printed evidence of indebtedness; purchasing
personal property on condition of selling it back at a stipulated
price; or doing business as furniture storage warehouseman and lending
money on goods, wares, or merchandise pledged or deposited as collateral
security. For the purposes of this chapter, the term "pawnbroker"
shall include any secondhand dealer who also operates as a pawnbroker
or undertakes any action or conduct which includes the business of
a pawnbroker as defined in the Pawnbroker Law.
The New Jersey statute and implementing regulations, N.J.S.A.
45:22-1, et seq. and N.J.A.C. 3:16-1.1, et seq., respectively, and
any and all amendments thereto, which govern and regulate pawn shop
businesses and pawnbrokers operating within the State of New Jersey.
Any individual which is not a business entity. For purposes
of this chapter, the term "person" shall also include an individual
operating a business as a sole proprietorship.
An article or articles deposited with a pawnbroker in the
course of business.
A person who delivers the pledge into the possession of a
pawnbroker, unless such person discloses that he is or was acting
for another, and in such an event "Pledgor" means the disclosed principal.
Comprised of gold, silver, sterling, platinum and/or their
alloys as defined in N.J.S.A. 51:5-1 et seq., N.J.S.A. 51:6-1 et seq.
and/or N.J.S.A. 51:6A-1 et seq.; gems, gemstones, coins and all forms
of jewelry herein contained.
The exchange of money and the exchange, deposit, pledge,
sale, conveyance or trade of any tangible or intangible article. Not
only the exchange of money for precious metals, but the exchange or
trading of any other tangible or intangible property for precious
metals.
Every transaction conducted by a Dealer in which precious
metals, or other tangible property, are purchased or exchanged from
or with the public.
As used in this chapter, any person, partnership, corporation,
association, joint venture, trustee, court-appointed representative
or agent thereof which operates a business for profit which buys,
sells, possesses on consignment for sale or trades jewelry, stamps,
coins or any precious metals which may have been previously owned
by a consumer or which derives more than 35% of its gross receipts
from the sale, consignment for sale, pledge or trade of any goods,
wares or merchandise which have previously been owned by a consumer,
including but not limited to furniture, appliances, consumer electronic
goods, clothing, automobile accessories, books, magazines, athletic
cards and memorabilia or precious metals, whether in bulk or manufactured
state. The term "secondhand dealer" shall include businesses commonly
known as "pawnbrokers," "trading posts," "swap shop operators," "stamp
dealers," "coin dealers," "jewelers" and "auction houses" that purchase
and resell items from persons other than dealers and suppliers. The
fact that any business does any of the following acts shall be prima
facie proof that said business is a secondhand dealership:
Advertises in any fashion that it buys or sells secondhand or
used items. Such advertisements shall include, but are not limited
to, media advertisements, telephone listings, and signs, whether on
the exterior or interior of the business.
Devotes a significant segment or section of the business premises
to the purchase or sale of secondhand or used items.
Secondhand goods. Goods which have been previously owned, worn
or used by a consumer and/or that are not new. For the purposes of
this chapter, the term "secondhand goods" shall include "secondhand
watches" except where the context clearly indicates to the contrary.
Secondhand watches. A watch shall be deemed to be secondhand
if:
It as a whole or the case thereof or the movement thereof has
been previously sold to or acquired by any person who bought or acquired
the same for his use or the use of another, but not for resale; provided,
however, that a watch which has been so sold or acquired and is thereafter
returned either through an exchange or for credit to the original
individual, firm, partnership, association or corporation who sold
or passed title to such watch, shall not be deemed to be a secondhand
watch for the purposes of this chapter if such vendor shall keep a
written or printed record setting forth the name of the purchaser
thereof, the date of the sale or transfer thereof, and the serial
number (if any) on the case and the movement, and any other distinguishing
numbers or identification marks, which said record shall be kept for
at least five years from the date of such sale or transfer and shall
be open for inspection during all business hours by the Ocean County
Prosecutor or the prosecutor's duly appointed representative;
Its case, serial numbers or movement numbers or other distinguishing
numbers or identification marks shall be erased, defaced, removed,
altered or covered; or
If its movement is more than five years old and has been repaired
by any person or persons, including the vendor, notwithstanding that
it may have been returned either through an exchange or for credit
to said original vendor. Cleaning and oiling a watch movement or recasting
the movement in a new case shall not be deemed watch repair for the
purposes of this chapter.
A Dealer who has not been in any retail business continuously
for at least six months at that address in the municipality where
the Dealer is required to register or who intends to close out or
discontinue all retail business in the Borough of South Toms River
within six months. Or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C.
13:47C-1.1.
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Compliance with state and federal laws required.
|
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Any licensee operating as a pawnshop or pawnbroker shall comply
with all applicable state and federal laws and regulations that govern
the same. Specifically, businesses dealing in the purchasing of precious
metals will comply with the laws outlined in N.J.S.A. 51:6A-1.
|
|
Notwithstanding anything in § 4-1 ("Mercantile licensing") to the contrary, except where otherwise stated in this chapter, the provisions of this chapter shall govern pawnbrokers, pawn broking activities, dealers in secondhand goods and precious metal dealers with respect to the issuance, term, renewal and effect of licenses issued pursuant to this chapter and the violations and penalties set forth in this chapter. It is the express intent of the Borough of South Toms River that any conflict between this chapter and § 4-1 of the Code of the Borough of South Toms River, entitled "Mercantile licensing," be resolved in favor of this chapter.
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[Added 12-26-2023 by Ord. No. 2023-16]
No person, either as owner, manager, lessee, officer or agent,
or in any other business, within the Borough of South Toms River,
shall operate or permit to operate as a pawnbroker/secondhand dealership
without first having obtained a license from the Borough of South
Toms River to do so.
If an individual is deemed a pawnbroker or business deemed a
pawn shop, then a license from the Commissioner of Banking and Insurance
is required. N.J.S.A. 45:22-21.
a.
Exemptions.
The following are exempt from the requirements of this chapter.
Garage sales. As used in this section, a "garage sale" is defined in the above definitions pursuant to South Toms River Code § 4-4.
Sales conducted by governmental, civic, patriotic, fraternal,
educational, religious or benevolent organizations which have been
in active and continuous existence for at least one year prior to
the holding of the sale or which are incorporated as a not-for-profit
corporation by the state.
Sales or purchases which are regulated by the licensing laws
of the state, including automobile dealers, used parts dealers and
automotive parts recyclers.
Antique dealers. As used in this section, an antique dealer
is defined as one who derives 75% of his gross sales each year from
the sale of antiques and/or primitives. As used in this section, an
"antique" or "primitive" is defined as an old and valuable art object
or article no longer in production that is at least 50 years old.
As used in this section, the term "sale" does not include an exchange,
trade, or swap of items.
b.
Application.
An application for a license required shall be made in writing
to the Borough Clerk which shall minimally set forth the following:
The name of the individual, partnership, corporation or association
applying for a license;
The residence, phone number, date of birth, driver's license
number, and social security number or federal tax identification number
of the applicant or partners or, if a corporation or association,
the residence, phone number and driver's license number of the
officers and all shareholders owning more than 5% of the outstanding
shares of stock;
The location for which the license is requested;
Whether the applicant, its partners, officers or listed shareholders
have been convicted of any criminal offense or ordinance violation
(other than traffic or parking offenses) in any jurisdiction and,
if so, a list of such convictions with date and prosecuting jurisdiction;
and
Whether the applicant, its partners, officers or listed shareholders
have held a license or had an interest in a license issued by this
or any other jurisdiction regulating the purchase or sale of secondhand
property revoked for cause and, if so, list the date of revocation
and jurisdiction.
In the case of a pawnbroker, the applicant's name, address,
fingerprints and written consent for a criminal history record must
be forwarded to the Commissioner.
c.
Fees.
Any pawnbroker or secondhand dealer shall, before engaging in
business within the Borough of South Toms River, apply for and secure
a license to engage in, conduct, and transact such a business, the
fee for which license shall be the sum of $200 in addition to the
standard business license fee. The license shall be renewed each year.
Application for renewal of license shall be made to the Borough Clerk
on or before January 31 of each year and shall be submitted to the
Borough Council for approval. The annual renewal fee shall be $50.
Should the license be denied, the license fee shall be refunded to
the applicant.
Following the issuance of a license, the licensee shall secure
the acceptable Database Software System. Any software licensing fee
shall be paid by the licensee direct to the software provider and
shall not be part of and is in addition to the license fee required
by the Borough of South Toms River.
d.
Issuance.
The Borough Clerk shall issue the license requested unless the
Borough of South Toms River Clerk shall find:
The applicant is under the age of 18;
The location requested is not in a permanent structure;
The applicant, its partners, officers or listed shareholders
have been convicted of or have pleaded guilty to any offense related
to theft, burglary, or purchasing or receiving stolen items under
the laws of this state, Borough of South Toms River or any other jurisdiction
within the past 10 years, or have forfeited a bond to appear in court
to answer for charges for such offenses during said time;
That the location requested and structure to be used would not
comply with all applicable laws, including the Zoning Code of the
Borough of South Toms River.
That the applicant, its partners, officers or listed shareholders
have held a license or had an interest in a license issued by the
Borough of South Toms River or any other jurisdiction regulating the
purchase or sale of secondhand property which was revoked for cause;
or
That the applicant, its partners, officers or listed shareholders
have knowingly furnished false or misleading information or withheld
relevant information on any application for a license required by
this chapter or any investigation into any application.
e.
Posting.
Every license issued under the provisions of this chapter shall,
at all times during the period for which it is effective, be posted
in a conspicuous place at or near the principal entrance to the premises
for which the license is issued.
f.
Revocation.
Any license issued for a secondhand dealer may be revoked or
suspended for a period not to exceed 30 days by the Mayor and Council
if they shall find after hearing:
That the licensee, its officers, agents or employees have violated
any of the provisions of this chapter, the laws of the state or ordinances
of the Borough of South Toms River in the operation of the business;
or
That the licensee, its partners, officers or shareholders have
been convicted of any offense set forth in this chapter; or
That the licensee, partners, officers or shareholders have knowingly
furnished false or misleading information or withheld relevant information
on any application for a license required by this chapter or any investigation
into any application. The licensee shall be responsible for the acts
of its agents, servants and employees in the operation of the business.
Prior to holding a hearing concerning the question of whether a license
shall be revoked or suspended, the Mayor shall give at least 10 days'
written notice to the licensee setting forth the alleged violation.
The licensee may present evidence and cross-examine witnesses at such
hearing.
g.
False or misleading application.
In addition to being subject to penalty as hereinafter set forth,
any person who obtains a license as herein provided by furnishing
the Borough of South Toms River with a false or misleading application
shall, upon the discovery thereof, suffer an immediate revocation
of such license and forfeiture of all fees paid.
h.
Transfer.
No license issued under this chapter may be transferred to any
other person, partnership, corporation or association.
i.
Change of location.
No licensee shall carry on any business required to be licensed
under this chapter except at the location designated on the license.
Should the licensee wish to change the location, application shall
be made to the Borough Clerk for such change in writing.
[Added 12-26-2023 by Ord. No. 2023-16]
a.
Hours of operation.
No licensee shall purchase any goods, wares, articles or things,
whatsoever, or lend any money to any person between the hours of 11:00
p.m. (2300) and 7:00 a.m. (0700) the next day.
b.
Prohibited purchases.
No licensee shall purchase or accept any goods, wares, articles,
or things under any of the following circumstances:
Where the seller is less than the age of 18;
A pawnbroker may not accept a pledge from any person who is
under the age of 16. [N.J.S.A. 45:22-31]
Where the seller is intoxicated, "intoxicated" is defined as
a seller whose mental or physical functioning is substantially impaired
as a result of the use of alcohol or drugs.
Where the seller fails to present a valid New Jersey driver's
license or at least two forms of identification of which at least
one contains the seller's full legal name, date of birth, a photograph
or full physical description, and an identification number.
Where the article to be purchased had an original manufacturer's
serial number at the time it was new but no longer legibly exhibits
said number.
c.
Purchasing, selling, or displaying weapons prohibited.
No licensee shall deal in, buy or sell, or display in his shop
any pistol, revolver, Derringer, Bowie knife, dirk or other deadly
weapon of like character, capable of being secreted upon the person,
unless such licensee shall also possess valid and current licenses
or permits as required by applicable federal, state, or local laws,
ordinances, rules or regulations.
d.
Pawnbrokers' and Secondhand Dealers' responsibilities and
requirements.
Each pawnbroker or secondhand dealer within the Borough of South
Toms River shall, upon the purchase of any precious metals, or secondhand
goods from the public, be required to do as follows:
Each pawnbroker or secondhand dealer shall operate and maintain
a computer system with internet access and photographic or video capability
sufficient for the electronic reporting requirements of this chapter.
Any failure or malfunction of such equipment on the part of the licensee
shall not exempt the licensee from the below reporting requirements.
The licensee shall immediately notify the police department of any
such failure or malfunction and shall have such resolved as soon as
practicable. Failure by the licensee to resolve any failure or malfunction
of equipment in a reasonable amount of time will lead to license revocation.
Record on a numbered receipt the name, address and telephone
number of the purchaser; the name, address and telephone number of
the seller or sellers; the time and date of the transaction; the net
weight in terms of pounds Troy, pennyweight (Troy) or kilograms/grams
of the precious metals; and fineness in terms of karats for gold,
and sterling or coin for silver, in accordance with N.J.S.A. 51:5-1
et seq. and N.J.S.A. 51:6-1 et seq. This information is to be documented
through the use of an electronic database software system as designated
by the Chief of Police. These records shall be subject to the inspection
of any authorized police officer of the Borough of South Toms River.
Through the use of applicably required computer equipment, and
using the electronic format approved by the Chief of Police, enter
all transactions into the electronic database within 48 hours from
the date of purchase. The information contained in paragraph b above,
plus the following:
1.
A physical description of the seller.
2.
The receipt number.
3.
A full description of the item or items purchased, including but
not limited to marks, numbers, dates, sizes, shapes, initials and
monograms.
4.
The price paid for the item.
5.
The form must be signed by the seller and initialed by the Clerk
who made the transaction.
The precious metals are to be made available for inspection
by the Chief of Police of the Borough of South Toms River or his designated
representative for a period of 10 days from the date the information
required above is received by the Chief of Police or his designated
representative, on the approved form. The precious metals shall remain
in the same condition as when purchased and shall not be changed,
modified, melted or disposed of by the purchaser until the ten-day
period has expired. During this ten-day period, the precious metals
shall be placed in public view at the purchaser's place of business.
If the property is such that it would create a hardship on the pawnbroker
by holding the precious metals for such period, the pawnbroker may
present the property to the Chief of Police or his representative
in order that it may be photographed and, if deemed necessary by the
Chief of Police or his designated representative, an investigation
be implemented. The Chief of Police or his designated representative
has the authority to grant the pawnbroker a waiver of the requirement
under this section.
In addition to the information required to be reported above,
each pawnbroker or secondhand dealer doing business in the Borough
of South Toms River shall obtain a photographic image of a photo ID
card of the seller, sufficiently clear to allow the information on
the ID to be read. The photo ID must be currently valid (not expired)
card issued by a government entity of the United States and must include
the pawn/seller's first and last name, current address, date
of birth and physical descriptors. In the event the card is valid
but does not contain the seller's current address, the licensee
must separately record and report the current address.
Any property exchanged in a transaction shall be digitally photographed
and reported as required by the Chief of Police, unless such property
bears a valid and unique serial number that is permanently inscribed
on the property. It is unlawful to do business with persons failing
to supply required information.
It is unlawful to receive or purchase in any manner any goods
or articles or make any advance or loan whatever on the same if the
person or persons pawning, pledging, depositing or selling the same
shall refuse to make known his, her, or their names, to submit to
a general description, or shall refuse to make known the name or names
of the person or persons for whom the same were pawned, pledged, deposited
or sold, or knowingly make any false entry of any matter or thing
required to be made in said book or cause or permit the same to be
made.
Dealer payment to sellers in cash shall be limited to two transactions
during a seven-day period for the same seller. The seven-day period
will commence on the day of the first transaction and end seven days
after the transaction, i.e., if transaction #1 occurs on Monday the
seven-day period ends on Sunday. Furthermore, no cash payments shall
be made to the same sellers who make more than five transactions in
any given thirty-day period. Sellers making transactions over the
number of proscribed weekly and monthly periods will be paid by the
Dealer by means of a bank check drawn from the Dealer's business
account.
It shall be the requisite duty of every Dealer, and of every
person in the Dealer's employ, to admit to the premises during
business hours any member of the South Toms River Police Department
to examine any database, book, ledger, or any other record on the
premises relating to the purchase of precious metals from the public,
as well as the articles purchased or received, and to take possession
of any article known by the police officer or official to be missing
or to have been stolen, or where the officer or official has probable
cause to believe the article is missing or stolen.
e.
Nonapplicability.
This chapter shall not apply to purchases made by jewelers or
other pawnbrokers from wholesalers or other suppliers but shall only
apply to those purchases made from the public or other retail purchases.
The pawnbroker shall keep records of all wholesale purchases for a
period of six months from the date of such purchase, which records
shall be opened to investigation by the South Toms River Police Department.
f.
Inspection of premises; seizures.
Every licensee and every person employed by the licensee in
the conduct of business shall admit to any and every part of the premises
designated in the license, during normal business hours, any law enforcement
officer to examine any goods, articles, things, pledges, pawns, or
books or other records on the premises dealing with purchase or sale
of used property and to search for and to take into possession without
compensation to the licensee any article known or for which such officer
has reasonable grounds to believe to have been stolen. Such law enforcement
officer may make any such search or seizure as is provided for in
this section and property so seized shall be receipted for by such
officer, who shall fully describe the seized property and sign the
receipt. Should the officer determine the property not to be stolen,
the officer shall promptly return same to the licensee and obtain
a receipt therefore, as aforesaid. In the case of property obtained
in the case of a domestic theft, the victim shall make restitution
for the amount paid to obtain said property. Other restitution will
be made by way of criminal complaints against the seller of said items
[Added 12-26-2023 by Ord. No. 2023-16]
a.
Secondhand watches to be clearly marked.
Any person or business entity engaged in the business of buying
or selling watches, or any agent or servant thereof, who may sell
or exchange, or offer for sale or exchange, expose for sale or exchange,
possess with the intent to sell or exchange, or display with the intent
to sell or exchange any secondhand watch, shall affix and keep affixed
to the same a tag with the words "second-hand" clearly and legibly
written or printed thereon, and the said tag shall be so placed that
the words "second-hand" shall be in plain sight at all times.
b.
Special invoice for secondhand watches.
Any person or business entity engaged in the business of buying
or selling watches, or any agent or servant thereof, who may sell
a secondhand watch or in any other way pass title thereto shall deliver
to the vendee a written invoice bearing the words "secondhand watch"
in bold letters, larger than any of the other written matter upon
said invoice, which invoice shall also set forth the following:
1.
The name and address of the vendor;
2.
The name and address of the vendee;
3.
The date of the sale;
4.
The name of the watch or its makers;
5.
The serial numbers, if any; and
6.
Any other distinguishing numbers or identification marks upon its
case and movement; or, if the serial numbers or other distinguishing
numbers or identification marks shall have been erased, defaced, removed,
altered or covered, the invoice shall so state.
The vendor shall keep on file a duplicate of said invoice for
at least five years from the date of the sale thereof, which shall
be open to inspection during all business hours by the Ocean County
Prosecutor or his duly authorized representative.
c.
Advertising secondhand watches.
Any pawnbroker, secondhand dealer or other person or business
entity or any agent thereof, who may advertise or display in any manner
a secondhand watch for sale or exchange shall state clearly in such
advertisement or display that said watch is a secondhand watch.
[Added 12-26-2023 by Ord. No. 2023-16]
Violation of any provision of this chapter shall, upon conviction
thereof, be punished by a minimum fine of $100 or a maximum of $1,000,
or by imprisonment for a term not exceeding 90 days, or by a period
of community service not exceeding 90 days. Each and every violation
shall be considered a separate violation. Every day that a violation
continues shall be a separate violation. Each violation shall result
in an additional ten-day suspension. Any person who is convicted of
violating the provisions of this chapter within one year of the date
of a previous violation and who was fined for the previous violation
may be sentenced by the Court to an additional fee as a repeat offender.
The additional fine imposed as a repeat offender shall not be less
than the minimum or exceed the maximum fine provided herein, and same
shall be calculated separately from the fine imposed for the violation
of this chapter. For a third or subsequent violation under this chapter,
the mercantile license of said business may be revoked upon notification
by Mayor and Council.
[Ord. No. 11-2015]
[1]
Editor's Note: The title of this section was changed from
"Door-to-Door Sales Regulations; License" 10-15-2019 by Ord. No. 2019-11.
[Ord. No. 4-2017]
As used in this section:
Shall mean the Chief of Police or representative authorized
by the Chief of Police to perform the acts of the Chief of Police
in accordance with this section.
Shall mean a determination of whether a person has a criminal
record by cross-referencing the person's name and fingerprints with
those on file with the Federal Bureau of Investigation, Identification
Division and the State Bureau of Identification in the Division of
State Police.
Shall mean any public or private business, corporation or
partnership that produces earnings through door-to-door sales including
businesses, corporations or partnership that participates in canvassing,
itinerant vending and/or peddling as defined herein. Said enterprise
shall not include an organization that participates solely for nonprofit
solicitation.
Any person who goes from place to place by traveling on the
streets and roads, or from house to house, taking or attempting to
take orders for the sale of goods, wares and merchandise or personal
property of any nature whatsoever for future delivery, or for services
to be furnished or performed in the future, whether or not such person
has, carries or exposes for sale a sample of the object to be sold
and whether or not he is collecting advance payments on such sales.
Shall be defined to include all principals who own 10% or
more of the equity in the corporation or business trust, partners
and officers in the aggregate employed by the entity as well as any
subsidiaries directly controlled by the business entity.
any person who goes from place to place by traveling on the
streets and roads, or from house to house, carrying, conveying or
transporting goods, wares or merchandise for the purpose of selling
and delivering them to customers. The word "peddler" shall include
the words "hawker" and "huckster."
[Ord. No. 4-2017]
An application for a license as provided herein shall be made
to the Chief of Police upon forms provided by the Borough. Such application
shall be sworn to and filed with the Chief of Police at least 10 days
prior to the time at which the license supplied for shall become effective.
The application required shall contain the following information:
a.
The name, description, address or headquarters of the person applying
for the license.
b.
If the applicant is not an individual, the names and addresses of
the applicant's principal officers, operating managers and all members
of the applicant's Board of Directors.
c.
If the applicant is a nonprofit corporation of the State of New Jersey,
a certified copy of its certificate of incorporation, together with
any amendments or supplements thereto.
d.
If the application is a corporation, an in-state registered agent
must be identified by name and street address.
e.
If the applicant is an individual, the permanent home address and
full local address of the applicant.
f.
If the applicant is employed, the name and address of the employer,
together with credentials establishing the exact relationship.
g.
A brief statement of the nature of the business and description of
the merchandise or service to be sold.
h.
The name and address of the person or persons who will be in direct
charge of conducting the sale or offer of merchandise or service(s)
and the name of all promoters connected with the proposed sale or
offer.
i.
An outline of the method or methods to be used in conducting the
sale or offer of merchandise or service(s).
j.
The length of time for which the license is desired including a schedule
of the streets or portions thereof which will be canvassed and the
preferred dates of such canvassing.
k.
If a vehicle or vehicles are to be used, a description of such vehicles
and license numbers.
l.
The place where the goods or property to be sold or offered for sale
are manufactured or produced, where such goods or property are located
at the time such application is filed and the proposed method of delivery.
m.
If the applicant is an individual, two photographs of the applicant
taken within 60 days immediately prior to the date of the application,
which photograph shall clearly show the head and shoulders of the
applicant and shall measure two inches by two inches, and a set of
fingerprints to be taken by the Borough Police Department.
n.
Two business or banking references located in the County of Ocean,
State of New Jersey.
o.
A statement to the effect that if a license is granted, it will not
be used or represented in any way as an endorsement by the Borough
of South Toms River or by any department or officer thereof.
p.
A signed statement as to whether the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
q.
Such other information as may be reasonably required by said Chief
of Police in order for him to determine the kind and character of
the proposed solicitation and whether such solicitation is in the
interest of any not inimical to the public welfare.
r.
Applicants shall maintain and produce proof of insurance coverage
in the minimum amounts of $100,000 per person for personal injuries,
three $300,000 per occurrence for personal injuries and $50,000 for
property damage. The Borough of South Toms River shall be named as
an additional insured on all such insurance policies. The insurance
coverages shall not be terminated or canceled prior to the expiration
date thereon unless 30 days' advance written notice is provided to
the Borough of South Toms River.
[Ord. No. 4-2017; amended 10-15-2019 by Ord. No.
2019-11]
a.
A temporary license may be issued for a period not to exceed 60 days
upon the written recommendation of the Chief of Police. Once approved,
the solicitation license shall be good for 120 days.
b.
Fees. Applicants shall pay a yearly permit fee of $100.
c.
A temporary
license can be extended for a full year, after a review of the temporary
license, and recommendation by the Chief of Police, and permit authorized
by the Governing Body.
d.
The fee
to extend the temporary license to the full year shall be an additional
$100.
[Ord. No. 4-2017]
a.
The Chief of Police shall initiate criminal history record background
checks of present and prospective canvassers, peddlers, itinerant
vendors or owners and employees of a door-to-door sales enterprise
as set forth in this section.
b.
No person shall be licensed as a canvasser, peddler, itinerant vendor
or owner or employee of a door-to-door sales enterprise unless the
Chief of Police certifies that the person has no criminal history
record of a conviction for an offense enumerated in paragraph c below.
c.
A person subject to paragraph b above whose criminal history record
background check reveals a conviction for any of the following crimes
and offenses shall be disqualified from receiving a license to conduct
canvass, peddle, itinerant vend or perform door-to-door sales:
1.
If the conviction was in New Jersey for a crime:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1
et seq., N.J.S.A. 2C:13-1, et seq., N.J.S.A. 2C:14-1 et seq., or N.J.S.A.
2C:15-1 et seq.; or
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1
et seq. or N.J.S.A. 2C:25-17 et seq.; or
2.
If the conviction was in any other state or jurisdiction, for conduct
constituting any of the crimes described in paragraph 1 above.
d.
The Chief of Police is authorized to receive criminal record information
from the State Bureau of Identification in the Division of State Police
and the Federal Bureau of Investigation consistent with applicable
State and Federal laws, rules and regulations. The applicant shall
bear the cost, if any, for the criminal history record background
check, including all costs of administering and processing the check.
e.
The Division of State Police in the Department of Law and Public
Safety, upon the request of the Chief of Police, shall conduct a criminal
history record background check requested by the Chief of Police in
accordance to the provisions of this subsection. The check shall be
performed only upon certification by the Chief of Police that the
person has submitted to the Chief of Police the person's name, address,
fingerprints and written consent for a criminal history record background
check to be performed.
For purpose of conducting the criminal history record background
check, the State Police shall examine its own files and arrange for
a similar examination of Federal criminal records. The information
obtained as a result of any such check shall be forwarded to the Chief
of Police.
f.
1.
A criminal history record background check shall not be initiated
pursuant to this subsection without the written consent of the person.
The consent required under this subsection shall be in the manner
and form prescribed by the Chief of Police and shall include, but
not be limited to the signature, name, address and fingerprints of
the person.
2.
Upon receiving the results of a criminal history record background
check, the Director shall promptly notify any person who has not been
convicted of a disqualifying offense. Along with that notice, the
Chief of Police shall forward a certification stating that the person
has been subject to a criminal history record background check and
that the check has not revealed any record that the person has been
convicted of a disqualifying offense. The certificate shall be in
a form, and contain any additional information, as the Chief of Police
may prescribe by rules and regulation.
3.
The Chief of Police shall promptly notify a person whose criminal
history record background check reveals a disqualifying criminal conviction
of the results of the background check. The person shall have 30 days
from the receipt of that notice to petition the Chief of Police for
a review and cite reasons substantiating the review. If the person
successfully challenges the accuracy of the criminal history record
information indicating a criminal conviction or the person demonstrates
affirmatively to the Chief of Police clear and convincing evidence
of rehabilitation, the Chief of Police may issue a certificate indicating
that the person has successfully cleared a background check.
4.
In determining whether the rehabilitation of a person has been affirmatively
demonstrated, the Chief of Police shall consider:
(a)
The nature and seriousness of the offense;
(b)
The circumstances under which the offense occurred;
(c)
The date of the offense;
(d)
The age of the person when the offense was committed;
(e)
Whether the offense was repeated;
(f)
Social conditions which may have contributed to the offense;
and
(g)
Any evidence of rehabilitation, including good conduct in the
community, counseling, psychological or psychiatric treatment, additional
academic or vocational training, or personal recommendations.
5.
In the case of a door-to-door sales enterprise, a copy of the notification
required under paragraphs f.2 and f.3 of this subsection also shall
be forwarded to the owner of the enterprise.
6.
The Chief of Police shall not certify a person subject to the provisions
of this article who refuses to consent to, or cooperate in, the securing
of a criminal history record background check.
[Ord. No. 4-2017]
a.
The Borough Clerk shall prepare a list of addresses of those premises
where the owner and/or occupant has notified the Clerk that canvassing,
peddling, itinerant vending and door-to-door sales enterprising are
not permitted on the premises (hereinafter referred to as the "Do
Not Knock" Registry). Notification shall be by compensation of a form
available at the Borough Clerk's office during normal business hours.
The list shall be updated on January 1st and July 1st of each year.
b.
Any owner and/or occupant who has requested enlistment on the "Do
Not Knock" Registry, pursuant to paragraph a., shall be able to register
at the Municipal Clerk's Office, at no cost, a sticker for display
at his/her/its premises indicating enlistment on the "Do Not Knock"
Registry.
c.
The Borough Clerk shall submit the "Do Not Knock" Registry to the
Chief of Police biannually to be distributed to applicants for a license
to peddle, canvass, itinerant vend or otherwise door-to-door sell
pursuant to the provisions of this section. The licensee shall not
peddle, canvass, itinerant vend or conduct door-to-door sales at any
premises identified on the then current "Do Not Knock" Registry.
[Ord. No. 4-2017]
No person shall take part in door-to-door sales and door-to-door
sales enterprise except during the hours of 9:00 a.m. to 6:00 p.m.
[Ord. No. 4-2017]
Any canvasser, peddler, itinerant vendor or owner or employee
of a door-to-door sales enterprise who violates any provision of this
section shall be:
a.
Subject to a maximum violation fine of $1,250 per offense;
b.
Subject to a one year revocation of any license issued pursuant to
the within section; and
c.
Ineligible to receive a new license, pursuant to the within section;
for a period of one year, coinciding with the terms of one year revocation
noted in paragraph b above.
The requirements of this section shall not apply to the following:
a.
Any charitable
body that shall canvass, peddle, solicit or conduct sales of personal
property when the proceeds thereof shall be applied to the payment
of the expenses thereof and to the charitable object for which the
body exists, except that where such body shall undertake to canvass
for a period in excess of 14 days, such body shall be required to
apply for a license under this section. Any such licenses issued under
this section to such body shall be valid only for a period of 14 days.
b.
Any person
honorably discharged from the military service who has a license under
N.J.S.A. 45:24-9 et seq.
c.
Any person
who is an exempt fireman of a volunteer fire department as defined
by N.J.S.A. 45:24-9 and 10, possessing a license in conformity with
the law.
d.
Any religious
organization recognized as tax exempt under the United States Internal
Revenue Code, provided the organization is not selling or attempting
to sell merchandise.
e.
Any person
not otherwise subject hereto engaged in the delivery of goods, wares
or merchandise or other articles or things in the regular course of
business to the premises of persons who had previously ordered the
same or were entitled to receive the same by reason of a prior agreement.
f.
Any person
canvassing, peddling, or soliciting for a governmental agency.
g.
Any person
canvassing peddling, or soliciting for a political purpose or party.
The sale of personal property shall not be exempted under this exception.
h.
Any charitable
organization registered with the State of New Jersey or the Attorney
General pursuant to the Charitable Registration and Investigation
Act, N.J.S.A. 45:17A-18, as it may be amended from time to time.
a.
No peddler,
canvasser or itinerant vendor shall conduct or attempt to conduct
his business at any residence or on any property on which is posted
a sign expressly prohibiting such activity. A posted sign stating
"No Soliciting" or like warning must be honored by all peddlers, canvassers
or itinerant vendors.
b.
No peddler,
canvasser or itinerant vendor shall park on public or quasipublic
property, with or without permission of the owner or on a public street,
for more than five minutes to conduct his business from the vehicle
carrying merchandise. No person shall park on private property without
the permission of the owner and a license issued under this section.
A peddler, canvasser or itinerant vendor may apply to the Chief of
Police for a license under the provisions of this section to conduct
his or her business on private property only with the written permission
of the owner.
c.
No person regulated hereunder, nor a holder of a license under the authority of N.J.S.A. 45:24-9 (see § 4-13.8), shall hawk, peddle and vend any goods, wares or merchandise, including but not limited to food, ice cream and soft drinks, upon any public beach or place of recreation or on any public street adjacent to such beach or place of recreation.
d.
No person
shall unreasonably shout, make any outcry, blow a horn, ring a bell
or use any sound device in excess of reasonable decibels, including
any loudspeaking radio or sound-amplifying system, upon any of the
streets, alleys, parks or other public places of this municipality
or upon any private premises, where the sound of sufficient volume
is emitted or produced therefrom to be capable of being plainly heard
upon the streets, avenues, alleys, parks or other public places.
[Added 10-26-2020 by Ord.
No. 2020-11]
No person shall engage in the business of tattooing or body
piercing or shall conduct any business where tattooing or body piercing
is performed or shall perform tattooing or body piercing of any other
person without complying with the requirements of this chapter.
[Added 10-26-2020 by Ord.
No. 2020-11]
As used in this chapter, the following terms shall have the
meanings indicated:
The piercing or puncturing of the skin, cartilage, bone or
other tissue of the body of a person.
One or more individuals, legal representatives, partnerships,
joint ventures, associations, corporations (whether or not organized
for profit), business trusts, or any organized group of persons.
A process resulting in the destruction of all forms of microbial
life, including highly resistant bacterial spores.
A license issued to the owner of a tattoo and body piercing
facility to operate a business under the provisions of this chapter.
The placing of an indelible mark or figure fixed upon the
body of a person by the insertion of a pigment under the skin.
[Added 10-26-2020 by Ord.
No. 2020-11]
No person shall engage in the business of or practice of tattooing
or body piercing of other people within the Borough without first
obtaining a license from the Health Department. Such an application
shall be made of an application form provided by the Borough.
[Added 10-26-2020 by Ord.
No. 2020-11]
Every person engaged in the practice of tattooing or body piercing
shall submit a medical certificate to the Health Department, with
the application signed by a physician duly licensed to practice medicine
in the State of New Jersey, stating that the prospective licensee
is free from all contagious or communicable diseases or conditions
which may jeopardize the health of clients, and shall submit proof
to the Health Department that he or she has been vaccinated for hepatitis
B and has had a PPD skin test for tuberculosis.
[Added 10-26-2020 by Ord.
No. 2020-11]
Every person engaged in the practice of tattooing or body piercing
shall at all times comply with the following requirements:
a.
All tattoo and body piercing related procedures are to be carried
out in a clean, safe and sanitary manner as approved by the Health
Department so as to minimize the potential of disease transmission.
b.
All areas of the tattoo or body-piercing establishments shall be
construed and maintained in a clean, safe and sanitary manner in compliance
with all applicable statutes, laws, regulations, codes and ordinances
of the Borough and the State of New Jersey.
c.
All walls, ceilings and floors shall be smooth and easily cleaned.
Walls and ceilings are to be painted a light color. Walls, ceilings
and floors shall be kept clean and free from dust and debris. The
floors shall be swept and mopped daily. The walls, ceilings or floors
shall not be swept or cleaned while tattooing or body piercing is
occurring.
d.
Adequate light and ventilation shall be provided.
e.
Adequate toilet and hand-washing facilities shall be available in
the establishment separate and isolated from the business area in
which tattooing or body piercing is performed, for the use of customers
and personnel of the establishment. Toilets and washing facilities
shall be maintained in a sanitary condition at all times.
f.
Separate areas must be maintained for tattooing and body piercing.
Only tattooing shall be permitted in the tattoo area, and only body
piercing shall be permitted in the body-piercing area.
g.
All areas of the establishments are to be accessible for inspection
by the Health Department and its authorized representatives.
h.
All dyes to be used in the tattooing process, shall be maintained
in a sterile condition by methods approved by the Health Department
prior to use.
i.
All instruments used in connection with the preparation for or process
of tattooing or body piercing shall be sterilized by a sterilizer
(autoclave) before each use.
j.
Permanent records for each patron shall be maintained by the owner
of the tattoo establishment or body-piercing establishment.
1.
These records shall be maintained for a minimum period of four years
except if the patron is under 18 years of age, in which event these
records shall be maintained a minimum of four years from the 18th
birthday of said patron and shall include the following information:
(a)
The name, address, sex and age of the person tattooed or body
pierced.
(b)
The date of tattoo and date of body piercing.
(c)
The physical location and description of the tattoo and physical
location and description of the body piercing.
(d)
The name, address and other information about the manufacturer
of the dyes used. If a customer has a need for this information, then
the establishment must release it to the customer.
(e)
The name, address and telephone number of the person applying
the tattoo and the name, address and telephone number of the person
performing the body piercing.
(f)
The parent or legal guardian's written consent for minors.
2.
At such time when the tattoo establishment or body-piercing establishment
ceases doing business or is removed from the Borough or changes it
name or has a change in management or ownership, all such records
shall be turned over to the Health Department.
k.
More than one set of sterilized needles, tunes and tips shall be
kept on the premises at all times.
l.
No person, customer or patron having any skin infection or other
diseases of the skin or any communicable disease shall be tattooed
or have body piercing performed. All infections resulting from the
practice of tattooing or body piercing which becomes known to the
owner or person in charge of the tattooing establishment or body-piercing
establishment shall promptly be reported to the Health Department
by the person owning or in charge of the tattoo or body-piercing establishment,
and the infected client shall be referred to a physician.
m.
It shall be unlawful to tattoo any person or perform body piercing
on any person under the age of 18 years without written consent of
his/her guardian, and such written consent shall be kept on file for
at least four years at the establishments where the tattooing or body
piercing is performed from the 18th birthday of the minor. Where there
is doubt about such an age, the person in charge of the establishment
shall obtain written proof thereof before tattooing or body piercing
is done. Written proof of age must be photocopied and kept by the
owner or person in charge of the establishment. All customers under
19 years of age must be accompanied by a parent or legal guardian.
Both customer and parent or legal guardian must sign a consent form,
and a driver's license or other appropriate form of identification
shall be photocopied and attached to the consent form.
n.
No person shall state or imply in an advertisement or in any other
way that the tattooing or body-piercing establishment is endorsed,
regulated or approved by the Borough or by any of its departments
or is conducted in compliance with the terms of this chapter.
o.
Immediately after tattooing or body piercing a patron, the person
who performed the procedure shall advise that patron of the care of
the tattoo or body-pierced area and shall instruct the patron to consult
a physician at the first sign of infection.
p.
The person applying the tattoo or performing the body piercing shall
wear protective gloves made of rubber or latex-like material while
applying the tattoo or performing the body piercing.
q.
The name, address and telephone number of the establishment must
be on the heading of all waivers, care sheets, consent and other forms
utilized by the establishment.
[Added 10-26-2020 by Ord.
No. 2020-11]
a.
No person, partnership, firm or corporation shall operate a tattooing
shop unless such person, partnership, firm or corporation has registered
such shop with the Health Department and has received a certificate
of sanitation from the Health Department. No certificate of sanitation
shall be issued or renewed unless the shop has been inspected by the
Health Department and found to be in compliance with the requirements
of this chapter.
b.
A fee of $200 shall be required of each applicant for a certificate
of sanitation. A fee of $200 shall be required of each applicant for
the renewal of a certificate of sanitation. In the event of failure
to qualify for a certificate of sanitation, the fee shall not be refunded
to the applicant.
[Added 10-26-2020 by Ord.
No. 2020-11]
All certificates of sanitation shall expire on the 30th day
of December of each year. Applications for the renewal of a certificate
of sanitation must be presented to the Health Department, in writing,
within 30 days before December 30 of each year.
[Added 10-26-2020 by Ord.
No. 2020-11]
After due notice and hearing, the Health Department may suspend
or revoke any license or certificate of sanitation issued under this
chapter for violation of the provisions of this chapter.
[Added 10-26-2020 by Ord.
No. 2020-11]
The following requirements for tattoo and body-piercing shop
must be complied with in order to qualify for and hold a certificate
of sanitation.
a.
The shop shall be so located or constructed as to prevent the contamination
of the work areas of the shop by dust from the street or sidewalk.
b.
The shop shall be maintained in a sanitary condition.
c.
All walls, ceilings and floors shall be smooth and easily cleaned.
Walls and ceilings are to be painted a light color. Walls, ceilings
and floors shall be kept clean and free from dust and debris. The
floor shall be swept and wet mopped daily. Floors, walls or ceilings
shall not be swept or cleaned while tattooing is in operation.
d.
Adequate light and ventilation must be provided.
e.
Each shop shall contain a sink for the exclusive use of the tattoo
or body-piercing artists to wash their hands and prepare the customers
for tattooing. The sink shall be provided with adequate hot and cold
running water. There shall also be available at the sink approved
soap, clean individual towels and refuse containers.
f.
Adequate toilet, urinal and hand-washing facilities shall be available
on the shop premises for the use of customers and the tattoo artist.
Toilets, urinals and hand-washing facilities shall be maintained in
a sanitary condition at all times.
g.
An adequate number of worktables shall be provided for each tattoo
and body-piercing artist. The surface of all worktables shall be constructed
of metal or other material which is smooth, light-colored, non-absorbent,
corrosive-resistant and easily sanitized.
h.
The shop shall be arranged so that worktables will be located at
least 10 feet from observers or waiting customers or such worktables
shall be separated from observers or waiting customers by a panel
or other barrier at least six feet high. The panel may be constructed
of glass, solid plastic or similar material. Proper closed cabinets
for the exclusive storage of instruments, dyes, pigments, carbon stencils
and other paraphernalia used in the shop shall be provided for each
tattoo artist. The shop shall have proper facilities for the disposition
of waste materials.
i.
Each tattoo artist shall be provided with individual hand brushes
and fingernail files.
j.
Signs shall be posted reading "No spitting on the floor of this shop."
k.
The holder of a certificate of sanitation shall not allow a tattoo
and body-piercing artist to perform in the shop unless the artist
is the holder of a valid license as required in this chapter.
l.
Only tattoo and body piercing shall be permitted in the tattoo shop.
[Added 10-26-2020 by Ord.
No. 2020-11]
Any person who directly or indirectly acting as agent or otherwise
who violates any provision of this section shall be liable for a penalty
not less than $50 nor more than $1,000, or as otherwise authorized
under N.J.S.A. 26:1A-10 and other applicable law and/or action as
provided by law or both.
