Township of Tabernacle, NJ
Burlington County
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Table of Contents
Table of Contents
[Ord. #1986-8, Preamble]
The residents of the Township will benefit from regulations designed to prevent fraud, crime and unethical business practices; and the nature of the business of soliciting and canvassing opens the way for fraud, deceit and dishonest dealing by the unscrupulous, with redress difficult or impossible. The licensing and regulation of solicitors and canvassers would serve to deter fraudulent and dishonest practices for the general protection, health and welfare of the residents of Tabernacle.
[Ord. #1986-8, § 1; Ord. No. 1998-9]
No solicitor shall canvass, solicit or call from door-to-door, or place-to-place, in the Township without first registering as provided herein with the Township Clerk.
[Ord. #1986-8, § 2, Ord. No. 1998-9]
As used in this section:
SOLICITOR
Shall mean and include licensed real estate brokers, licensed salespersons, canvassers or itinerant vendors of merchandise or services who go from door-to-door in this Township, selling, causing to be sold, offering for sale, causing to be offered for sale, or taking orders for present or future delivery of merchandise or services of any description whatsoever. Exceptions. The word solicitor shall not include persons who make surveys for research purposes, analysis, opinion polls, rating data or persons who solicit for the purpose of contributions, donations, or alms for any persons or organizations and any such similar work which by its nature involves door-to-door, or place-to-place activity.
[Ord. #1986-8, § 3; Ord. No. 1998-9]
Each registrant shall, at the time of registering, file with the Township Clerk, a certified application which shall include the following information:
a. 
Name, age and physical description.
b. 
Complete permanent home and local address.
c. 
Name and address of the organization or person for whom solicitation is being made.
d. 
Description of the nature of the business and the goods, wares, or services to be sold.
e. 
Sufficient information to determine whether the business to be transacted is interstate or intrastate commerce.
f. 
Two photographs, taken within the last 90 days, of the registrant, approximately two and one-half (2 1/2") inches by two and one-half (2 1/2") inches in size showing the registrant's head and shoulders in a clear and distinguishing manner.
g. 
A statement as to whether the registrant has been convicted of a crime, misdemeanor, or disorderly conduct offense, where and when so convicted, the nature of the offense and the penalty, if any.
h. 
To make, model, year, color and license plate number of the automobile(s) to be used by the registrant during the period of solicitation within the Township, and the number of the registrant's driver's license and the state of issuance.
[Ord. #1986-8, § 4]
Upon submission of the information in Subsection 4-1.4, the Township Clerk shall promptly cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good. If as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Township Clerk shall endorse his disapproval and his reasons therefor, and the license shall not issue. If the registrant's character and business responsibility are found to be satisfactory, the Township Clerk shall endorse his approval and execute a license, upon which shall be affixed one photograph of the registrant, signed by the Township Clerk, so that part of the signature covers part of the photograph. The license shall be issued by the Township Clerk upon payment of the license fee.
[Ord. #1986-8, § 5]
In the event an application for soliciting is disapproved by the Township Clerk, the registrant may appeal to the Township Committee, who shall promptly set a time and place for a hearing, at which the applicant shall be given an opportunity to present the reasons why the license should be issued. The decision of the Township Committee shall be final.
[Ord. #1986-8, § 6]
In the event that a registrant, at the time of registering, presents proof that he is a Real Estate Broker or salesperson licensed by the State of New Jersey, the solicitor's license may only be withheld upon determination that the applicant has a criminal record. Upon such determination, the Township Clerk shall report the same to the New Jersey State Real Estate Commission. Should the Real Estate Commission determine that the information requires a review of the registrant's New Jersey Real Estate License, the solicitor's license shall not issue. Should the Real Estate Commission determine that no such review is required, the solicitor's license shall immediately issue.
[Ord. #1986-8, § 7]
Each registrant shall carry the license at all times and shall exhibit it to any person upon request.
[Ord. #1986-8, § 8]
No solicitor shall visit or call at any private residence for the purpose of solicitation when banned by the householder by a sign bearing words to the effect that solicitors, peddlers, salesmen and the like are prohibited.
[Ord. #1986-8, § 9]
Any license issued pursuant to this section may be revoked by the Township Clerk for violation of any Township ordinance regulating solicitors. Such revocation is subject to the right of appeal to the Township Committee as set forth in Subsection 4-1.6.
[Ord. #1986-8, § 10; Ord. No. 1998-9]
No person shall solicit before the hour of 8:00 a.m. or after the hour of 9:00 p.m.
[Ord. #1986-8, § 11; New; Ord. #2002-8, § 1]
An administrative fee as established in Schedule B[1]shall be paid by the registrant for each such license issued.
[1]
Editor's Note: Schedule B, referred to herein may be found in Appendix A, Fee Schedule.
[Ord. #1986-8, § 12]
Each license issued shall expire upon December 31 of the year of issue. Renewal is required for each calendar year, upon the same application procedure described herein.
[Ord. #1986-8, § 13]
Any person violating this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. #1986-8, § 14]
This section is in addition to any other ordinance regulating solicitors within the Township.
[Ord. No. 1998-9]
In the event that any subsection, sentence or clause of this section or Code shall be declared unconstitutional by a court of competent jurisdiction, such declaration shall not in any manner prejudice the enforcement of the remaining provisions.
[Ord. 1982-8, § 1; Ord. #1982-9, § 1]
As used in this section:
AMUSEMENT PARLOR
Shall mean any place or premises wherein four or more coin-operated amusement machines or devices are maintained for use and operation by the public.
COIN-OPERATED AMUSEMENT MACHINE OR DEVICE
Shall mean any machine or contrivance operated by a coin, token or device of any nature whatsoever, used and operated by persons for amusement purposes. This shall include, but not be limited to, all machines commonly known and designated as bagatelle, baseball, pinball or any other game of skill or table game; and shall also include all automatic or semi-automatic photographic machines, voice or music recording machines, or such machines which shall reproduce photographs or motion pictures, and any machine or electric device which shall be used as a test of strength; and shall also include machines which deliver to the player any card or cards of printed material or photograph of any nature whatsoever, but shall not include music boxes or other machines or devices coin-operated, or of an automatic or semi-automatic nature which shall reproduce music.
PERSON
Shall mean any individual, firm, member of firm, club, partnership, member of partnership, corporation, or any officer, director or stockholder of any corporation, or any agent, or any employees of any such firm, partnership or corporation or any other entity or association.
[Ord. #1982-8, § 2]
It shall be unlawful for any person to operate an amusement parlor or to install, operate, maintain, use or have in his or its possession or display or permit to be displayed in any public or quasi-public place or in any building, store, or any other place wherein the public is invited or may enter, within the Township, any coin-operated amusement machine or device without a license first obtained as hereinafter provided.
[Ord. #1982-8, § 3; Ord. #2002-8, § 1]
The fee for the license to operate an amusement parlor shall be as established in Schedule B[1]. For each coin-operated amusement machine or device in use in that parlor the annual fee shall be as established in Schedule B; for each machine for the production of music, jukeboxes or music vending machines the annual fee shall be as established in Schedule B. An application fee as established in Schedule B shall accompany the application, which sum will be applied toward the annual fee if the application is granted. If the application is denied or withdrawn the application fee will be returned less administrative costs for processing. Applicant will be entitled to an 80% refund of said fee if said application is denied upon review. Applicant will be entitled to a 90% refund of said fee if the application is withdrawn prior to a final determination by the Township.
[1]
Editor's Note: Schedule B, referred to herein may be found in Appendix A, Fee Schedule..
[Ord. #1982-8, § 4]
The annual license fee for the operation of an amusement parlor and the fees for licenses issued for the other items set forth in Subsection 4-2.3 above shall expire December 31 of the year in which issued, unless suspended or revoked and the license fee shall not be prorated or transferred.
[Ord. 1982-8, § 5]
a. 
Applications for licenses for amusement parlors shall be filed with the Township Clerk on forms to be furnished by the Clerk, which forms shall show the following:
1. 
The name of the applicant;
2. 
Present residence of the applicant and how long residing at the present residence;
3. 
Date of birth of the applicant and place of birth of the applicant;
4. 
Location of the premises to be licensed and also a description of the premises to be licensed;
5. 
Number of machines to be licensed, if the applicant is not the owner of the amusement machines or devices, then the name and address of that owner, or any person who has a security interest or any interest whatsoever in the devices, must be provided;
6. 
Whether or not the applicant owns the premises where the business is to be operated and, if not, the name and address of the owner;
7. 
If the applicant is a corporation, the names and addresses of the officers and stockholders owning more than 10% of the corporate stock and the name and address of the registered agent;
8. 
Whether or not the person making the application or any of his employees or where the applicant is a corporation, whether or not any of the officers or stockholders have ever been convicted for a crime or a violation of any municipal ordinance or regulation and the nature thereof;
9. 
The names of any persons who shall have a financial interest in the business;
10. 
The names of the persons to be employed in the business;
11. 
The name and address of an individual who shall serve as an agent for service of process or any other notice on the licensee.
[Ord. #1982-8, § 6]
All applicants shall provide a schematic diagram of the structure housing the devices or machines and the specific area containing the devices or machines indicating the location of the devices or machines, the access, egress and aisles to the area containing the devices or machines and any obstruction to pedestrian access and movement in and about the structure. All aisles shall be at least five feet wide. The maximum occupancy of the structure and each room therein as determined by the Building Inspector shall be prominently posted. The specific area containing the devices or machines must be well lighted and visible from the public street.
[Ord. #1982-8, § 7]
All licenses for the operation of an amusement parlor and for individual amusement machines and devices shall be granted by the Township Committee and issued by the Township Clerk. The license shall be renewed and reissued annually by the Township Clerk effective January 1 of each year after payment of the required fees to the Clerk. The license when issued shall be posted and conspicuously displayed in the place of business of the applicant.
[Ord. #1982-8, § 8]
a. 
No license shall be granted for any premises unless at least two emergency fire exits are provided;
b. 
No license shall be issued until the premises have been inspected as to fire prevention and fire safety and approved by the Fire Subcode Official and/or County Fire Marshal for such use;
c. 
No license shall be granted hereunder for any premises where the applicant or any officer or stockholder of an applicant corporation shall have been convicted of a crime, a disorderly persons offense, or a violation of a Township ordinance involving gambling, provided however, that the Township Committee may in its discretion grant the license when such conviction shall have preceded the date of the application by five years or more, or, upon application by the applicant for removal of the disqualification, the Township Committee may in its discretion grant a license hereunder.
d. 
No license shall be issued to any person until all Federal and State laws and Township ordinances relating to the premises have been complied with.
e. 
No license shall be issued unless the prescribed license fees have been paid.
[Ord. #1982-8, § 9]
Minors under the age of 16 years shall under no circumstances frequent, loiter, enter or remain in any amusement parlor licensed hereunder at any time that school is in session in the Township schools unless it be upon some lawful errand and sent under the direction and consent and knowledge of the parent, guardian or other person having the lawful custody of such minor, and it shall be unlawful for the proprietor of any parlor so licensed to allow or permit any minor to frequent, loiter or remain within the parlor in violation of this section. No minor under the age of 12 years shall be permitted upon the premises unless accompanied by his or her parents or legal guardian.
[Ord. #1982-8, § 10]
The owner and/or operator shall not allow loitering in or about his premises; nor shall be allow the amplification of music so as to disturb adjacent property owners or the public.
[Ord. #1982-8, § 11]
Every amusement parlor for which a license is granted under this section shall not open before 9:00 a.m. and shall be closed at 10:00 p.m.
[Ord. #1982-8, § 12]
Where the amusement parlor is or has an attendant use, e.g. restaurant or other commercial establishment, the amusement parlor must be structurally segregated from that other use so as to allow for the enforcement of the loitering, hours and other provisions of this section.
[Ord. #1982-8, § 13]
Such amusement machines and devices shall be licensed for amusement purposes only and no such machine or device shall be used in connection with gaming, lottery, the unlawful awarding of prizes, whether cash, merchandise, tokens or any other unlawful activity.
[Ord. #1982-8, § 14]
The Township Committee shall have the power to revoke any license when the licensee is found guilty of a crime involving gambling, or of violating any municipal ordinance or regulation involving gambling, or when the licensee shall violate any other law or regulation pertaining to the operation of the premises or violate the provisions of this section or any other ordinances of the Township. If the Township Committee shall have reason to believe that there are grounds upon which to revoke any such license, it shall cause a notice to be served in writing upon the licensee, the person in charge of the licensed amusement parlor of the agent designated in Subsection 4-2.5, requiring an appearance before the Township Committee at such time and place as it shall designate, to show cause why the license should not be revoked. Such notice is to be served at least 10 days prior to the date set for a hearing, and the licensee shall be afforded a hearing before the Township Committee prior to the final revocation of his license. Violations of any provisions of this section is also subject to the jurisdiction of the Tabernacle Township Municipal Court.
[Ord. #1982-8, § 15]
The license to operate an amusement parlor shall not be transferable from place to place or to another person and the ownership of the amusement parlor may not be changed or modified in any manner, until proper application shall have been made as heretofore provided for an original issuance and shall be granted only on the written consent of the Township Committee.
[Ord. #1982-8, § 16]
This section is enacted for the purpose of raising revenue and for the regulation and control of amusement parlors and to regulate and control the use of amusement machines and devices in the Township.
[Ord. #1982-8, § 17; Ord. #1982-9, § 2]
Any store, restaurant or commercial establishment wherein the public is invited which is not subject to the terms and conditions of this section because it is not an "amusement parlor" as herein defined, but which maintains on its premises three or less amusement machines and devices as herein defined must also obtain a license therefor. The license fee for all the amusement machines and devices generally set forth in this subsection shall be $50 for each machine for one year ending December 31. This license fee shall not be prorated. Applications under this section shall be submitted to and may be granted by the Township Clerk on forms provided therefor.
No person shall under any circumstances loiter about in any store, restaurant or other commercial establishment, and it shall be unlawful for the proprietor of any store, restaurant or commercial establishment licensed hereunder to allow or permit persons to loiter on the premises.
No amusement machine or device shall be installed by any store, restaurant or commercial establishment pursuant to this section within five feet of the door of any designated exit way.
The "revocation of license" provisions contained in Subsection 4-2.14 of this section shall be applicable to licenses granted under this section.
No license fee whatsoever shall be required for coin-operated riding amusements, designated for use by young children of the age of 12 and under, including, but not limited to, the children's ride machines commonly found at or near food markets.
[Ord. #1982-9, § 20; Ord. No. 1998-9]
Any person, firm or corporation violating any of the provisions of this section shall be subject to a penalty as stated in Chapter 1, § 1-5.
[Ord. #1966-4, § 1]
As used in this section:
JUNKYARD
Shall mean a place, location, yard, covered or uncovered, or place in the Township of Tabernacle kept, maintained, or used for the purpose of buying and selling, exchanging or storing, rags, old metals, old bottles, old glassware, old plumbing fixtures, old lumber, unregistered motor vehicles unfit for reconditioning, dismantled old motor vehicles or parts thereof, used motor vehicles or parts thereof, used motor vehicle parts, motor vehicle junk or any other old material commonly called junk.
[Ord. #1966-4, § 2]
No person or persons, firm or corporation shall operate or maintain or establish a junkyard or engage in the business of keeping a junkyard within the Township without having first applied for and obtained a license so to do from the Township Committee.
[Ord. #1966-4, § 3]
No license shall be granted except upon written application therefor made upon forms to be obtained from the Township Clerk and unless the said junkyard shall comply with all of the provisions of this section and any other applicable ordinance of this municipality or laws or regulations of the State of New Jersey or any department thereof.
[Ord. #1966-4, § 4]
Each license so granted shall authorize the operation of one junkyard therein described until December 31 of the year in which it is issued and may, at any time upon five days' notice and after hearing thereon, be suspended or revoked by the Township Committee for failure to comply with any of the provisions of this section.
[Ord. #1966-4, § 5; Ord. #2002-8, § 1]
The annual fee for each license shall be as established in Schedule B[1] and no part thereof shall be pro rated.
[1]
Editor's Note: Schedule B, referred to herein may be found in Appendix A, Fee Schedule.
[Ord. #1966-4, § 6]
a. 
No license shall be granted for any junkyard that is not operated within the limits of the property described in the application and enclosed by a cyclone or comparable fence six (6') feet high and provided with substantial gates and secure locks.
b. 
In addition to such fence, the junkyard shall be screened from view by the fence or, in the event the fence is transparent, by suitable planting.
[Ord. #1966-4, § 7]
No license shall be granted for any junkyard located within three hundred (300') feet of any building on adjoining property.
[Ord. #1966-4, § 8]
Proper precaution shall be taken to prevent rats, mice or other vermin or insects from being harbored or bred in said junkyard.
[Ord. #1966-4, § 9]
No business shall be conducted at any junkyard before 6:00 a.m. or after 6:00 p.m. During the time the junkyard is closed, all doors and other openings affording access thereto shall be securely locked.
[Ord. #1966-4, § 10]
Any junk or other waste matter burned in connection with any junkyard shall be burned so that smoke or noxious fumes or odors emanating therefrom may be dissipated without annoyance to the residents in the neighborhood.
[Ord. #1966-4, § 11]
No junk shall be permitted to accumulate or be placed, stored or deposited in the open, but shall be stored, accumulated or placed only within the area constituting the junkyard as described in the application.
[Ord. #1966-4, § 12]
Every person, firm or corporation licensed under this section shall at all times maintain the licensed premises in a safe and sightly manner with due regard to the public safety and health.
[Ord. #1966-4, § 13]
No junkyard shall occupy an area greater than five acres.
[Ord. #1966-4, § 14]
The Township Committee may from time to time by resolution limit the number of junkyard licenses to be issued and outstanding at any one time to such number as it finds necessary to serve public necessity and convenience in the Township.
[Ord. # 1966-4, § 15; Ord. No. 1998-9]
Any person, firm or corporation violating any of the terms of this section shall be subject to the penalty as stated in Chapter 1, § 1-5.
[Ord. #1986-9, § 1]
GARAGE SALES
Shall mean occasional sales by a householder of personal property accumulated in the normal use of a dwelling as a residence and no longer needed by the occupants, such as crockery, kitchenware, dishes, toys, furniture, costume jewelry, used clothing, used appliances, rugs, drapes and the like, offered for sale in the dwelling, appurtenant garage or other outbuilding on the property or appurtenant yards.
GOODS
Shall mean any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
[Ord. #1986-9, § 2; Ord. #2002-8, § 1]
It shall be unlawful for any person to conduct a garage sale in the Township without first filing with the Clerk the information hereinafter specified and obtaining from such Clerk a license to do so, to be known as a "Garage Sale License." The fee for such license shall be established in Schedule B[1].
[1]
Editor's Note: Schedule B, referred to herein may be found in Appendix A, Fee Schedule..
[Ord. #1986-9, § 3]
Such license shall be issued to any one person or household only two times within a 12 month period and no such license shall be issued for more than two consecutive calendar days.
Each license issued under this section shall be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
[Ord. #1986-9, § 4]
The information to be filed with the Clerk pursuant to this section shall be as follows:
a. 
Name of person, firm, group, corporation, association or organization conducting said sale.
b. 
Name of owner of the property on which said sale is to be conducted, and consent of owner if applicant is other than the owner.
c. 
Location at which sale is to be conducted.
d. 
Number of days and date or dates of sale.
e. 
Date, nature of any past sale.
f. 
Relationship or connection applicant may have had with any other person, firm, group, organization, association, or corporation conducting said past sale and the date or dates of such past sale.
g. 
Whether or not applicant has been issued any other vendor's license by any local, State or Federal agency.
h. 
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
[Ord. #1986-9, § 5]
The provisions of this section shall not apply to or affect the following persons or sales:
a. 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
b. 
Persons acting in accordance with their powers and duties as public officials.
c. 
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five in number.
[Ord. #1986-9, § 6]
Any person, association, or corporation conducting any such sale without being properly licensed therefor or who shall violate any of the other items and regulations of this section, shall, upon conviction be liable to the penalty stated in Chapter 1, § 1-5, be fined not more than $500 or be imprisoned for a period not to exceed 90 days for each violation. Each day an unlicensed sale is conducted shall be deemed a separate violation.
[Ord. #1990-5, § 1]
BUSINESS
Shall mean all corporations, partnerships, limited partnerships, proprietorships, individuals and/or the directors, shareholders, partners or owners thereof.
[Ord. #1990-5, § 2]
It shall be the duty of all businesses within the Township to comply with the registration and annual reporting requirements set forth herein excluding those businesses that comply with any other licensing ordinances of the Township.
[Ord. #1990-5, § 3]
Any business and/or person found to be in violation of any provision of this section shall be fined not less than $100 nor more than $1,000 for each offense and the Township Administrator or his/her designee shall enforce the provisions of the section.
[Ord. #1990-5, § 4]
Each and every business required under Subsection 4-5.2 to comply with this section and located within the boundaries of the Township of Tabernacle is hereby required to annually register with the Township Administrator or his/her designee. Said registration shall be on a form prescribed by the Township Administrator, and shall include, among other things, the name of the business, its street address, its mailing address, a description of the business, the names and addresses of all officers, directors or owners, the date the business was first established, and the area occupied by the business as measured by the square footage of any building or buildings occupied by the business and the lot upon which the building or buildings are located. Said registration shall be completed by January 31 of each year.
[Ord. #1990-5, § 5; Ord. #2002-8, § 1]
In order to cover administrative costs, each registration shall be accompanied by payment of a fee as established in Schedule B.[1] A certificate shall be issued by the Township to each registrant upon receipt of the fee and the registration certificate shall be publicly displayed at the place of business.
[1]
Editor's Note: Schedule B, referred to herein may be found in Appendix A, Fee Schedule..
[Ord. #1990-8, § 1; Ord. #2002-8, § 1]
Where there is no change with regard to the information contained in a registration statement submitted for the preceding year, a business shall not be required to reregister under Subsection 4-5.4, provided that it submits a letter to the Township Administrator certifying that there is no change in said information. Said letter shall be submitted by January 31st of the applicable year. The registration shall then be renewed for an additional year.
[Ord. #1990-5, § 6; Ord. #1990-8, § 1]
Separate registrations shall be required for each business.
[Ord. #1996-4, § 1A-1]
The purpose and intent of this section is to license and regulate sexually oriented businesses to promote the health, safety, and general welfare of the citizens of the Township of Tabernacle, as well as the patrons of such businesses, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the Township. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative material or speech activity, including sexually oriented materials or expressive speech activity. Similarly, it is not the intent nor effect of the section to restrict or deny access by adults to sexually oriented materials or activity protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
[Ord. #1996-4, § 1A-2]
As used in this section:
ADULT ARCADE
Shall mean any place to which the public is permitted or invited wherein coin-operated or slug operated or electronically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
ADULT BOOKSTORE or ADULT VIDEO STORE
Shall mean a commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
a. 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or
b. 
Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
ADULT ENTERTAINMENT ESTABLISHMENT
Shall mean a nightclub, bar, restaurant, or similar place of business or portion thereof which features:
a. 
Persons who appear in a state of nudity or seminude state; or
b. 
Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
c. 
Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
ADULT MOTEL
Shall mean a hotel, motel or similar commercial establishment which:
a. 
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television, transmissions, film, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
b. 
Offers a sleeping room for rent for a period of time that is less than 10 hours; or
c. 
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION PICTURE THEATER
Shall mean a commercial establishment where for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown and are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
ADULT THEATER
Shall mean a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
APPLICANT
Shall mean a person who must apply for a license by this section.
CHILD CARE FACILITY
Shall mean a building used as a day nursery, children's boarding home, child placing agency or other place for the care or custody of children under 15 years of age.
CHURCH or PLACE OF RELIGIOUS WORSHIP
Shall mean a building in which persons regularly assemble for worship, intended primarily for purposes connected with faith, or for propagating a particular form of belief.
ESCORT
Shall mean a person who, for consideration agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY
Shall mean a business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.
ESTABLISHMENT
Shall mean and include any of the following:
a. 
The opening or commencement of any sexually oriented business as a new business;
b. 
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
c. 
The addition of any sexually oriented business to any other existing sexually oriented business;
d. 
The relocation of any sexually oriented business; or
e. 
A location and place of business.
LICENSEE
Shall mean a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license on a person licensed under this section.
MUNICIPAL CLERK
Shall mean the Municipal Clerk of the Township of Tabernacle.
NUDE MODEL STUDIO
Shall mean any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
NUDITY or A STATE OF NUDITY
Shall mean:
a. 
The appearance of a human bare buttock, anus, male genitals, female genitals, pubic region or female breasts; or
b. 
A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, pubic region or areola of the female breast.
PERSON
Shall mean an individual, proprietorship, partnership, corporation, association, or other legal entity.
PLACE OF BUSINESS
Shall mean and include any store, shop, tavern, bar, restaurant, pool hall, bowling alley, amusement parlor, ice skating rink, theater or premises wherein merchandise, food or drink is sold, or any combination or group of the foregoing, which business is maintained within one building or structure open to the public.
POLICE
Shall mean duly sworn law enforcement officers of the State of New Jersey or his or her designated agent.
PROSTITUTION
Shall mean sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer made within view of a public place to engage in sexual activity in exchange for something of economic value.
PUBLIC PARK
Shall mean a tract of land maintained by the Federal, State, or a local government for the recreation and enjoyment of the general public.
RESIDENTIAL DISTRICT
Shall mean a single family, duplex, townhouse, multiple family or mobile home district.
RESIDENTIAL USE
Shall mean a single family, duplex, multiple family, or "mobile home park, mobile home subdivision, and campground" used as a residence.
SEMI-NUDE
Shall mean a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUAL ACTIVITY
Shall mean and include but is not limited to sexual intercourse, including genital-genital, oral-genital, anal-genital, and oral-anal conduct, whether between persons of the same or opposite sex, masturbation, touching of the genitals, buttocks, or female breasts, sadistic or masochistic abuse and other deviate sexual relations.
SEXUAL ENCOUNTER CENTER
Shall mean a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
a. 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
b. 
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
SEXUALLY ORIENTED BUSINESS
Shall mean an adult arcade, adult bookstore or adult video store, adult entertainment establishment, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
SPECIFICALLY ANATOMICAL AREAS
Shall mean human genitals in a state of sexual arousal.
SPECIFIED SEXUAL ACTIVITIES
Shall mean and include any of the following listed as sexual activity in N.J.S.A. 2C:34-1 et seq.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
Shall mean the increase in floor area occupied by the business by more than 25%.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Shall mean and include any of the following:
a. 
The sale, lease, or sublease of the business;
b. 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
c. 
The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of the law upon the death of the person possessing the ownership or control.
[Ord. #1996-4, § 1A-3]
Sexually oriented businesses are classified as follows:
a. 
Adult arcades;
b. 
Adult bookstores or adult video stores;
c. 
Adult entertainment establishments of the Township;
d. 
Adult motels;
e. 
Adult motion picture theaters;
f. 
Adult theaters;
g. 
Escort agencies;
h. 
Nude model studios; and
i. 
Sexual encounter centers.
[Ord. #1996-4, § 1A-4]
a. 
The following are required to be licensed:
1. 
All owners, clerks, and employees of a sexually oriented business are required to be licensed to operate or work in said business.
b. 
No person may work for any sexually oriented business without having on his or her person at all times while at work an appropriate identification card showing that he or she is currently licensed. Such identification shall be available at all times for inspection and shall be worn on the left breast of said employee during working periods. Application forms will be provided by the Municipal Clerk and the determinations of compliance must be made by the Township Committee within 60 days from time of application.
c. 
An application for a sexually oriented business license must be made on a form provided by the Municipal Clerk. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6") inches. All locational requirements must be approved by the Zoning Officer of the Township of Tabernacle within 60 days from the time the application is filed.
d. 
The applicant for a sexually oriented business license must be qualified according to the provision of this section.
e. 
If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has an interest in the business must sign the application for a license as applicant and shall be considered a licensee if a license is granted.
f. 
The fact that a person possesses any other valid license required by law does not exempt him from the requirement of obtaining a sexually oriented business license. A person who operates a sexually oriented business and possesses another business and/or alcoholic beverage license shall comply with the requirements and provisions of this section as well as the requirements and provisions of the laws concerning the other licenses.
g. 
Each applicant shall attach two copies of a recent photo to his or her application form.
h. 
Each applicant for a business license shall upon the filing of the application and payment of the filing fee, place signs (at least twenty-four inches by thirty-six inches (24" x 36") in size) which provide notification and information specifically stating "SEXUALLY ORIENTED BUSINESS LICENSE APPLICATION PENDING." and the date on which the application was filed. All lettering on the signs must be at least one and one-half inches by two inches (1 1/2" x 2") in size for each letter on the sign. The signs must be of sufficient quantities to be placed upon the property so as to identify it as being subject to a proposed sexually oriented license. It shall be the duty of each applicant as to each particular application to erect said signs along all the property's public road or highway frontage so as to be clearly visible from the public road or highway. If a property does not have a public road or highway frontage, then signs shall be placed upon the closest available right-of-way and upon the property. One sign shall be erected for each three hundred (300') foot increment of each public road or highway frontage on said property existing or any part thereof. Said signs shall be erected not less than 14 days after the filing of the application for the sexually oriented business license and remain erected until the application has been approved by the County Director of Public Works.
i. 
Every applicant for a sexually oriented business license shall give notice of the application by publication at his own expense in two consecutive issues of the official newspaper of Tabernacle Township. The notice shall be printed in 10-point boldface type and shall include: (1) the fact that a sexually oriented business license has been applied for; (2) the exact location of the place of business for which the permit is sought; (3) the names of each owner of the business and, if the business is operated under an assumed name, the trade name together with the names of all owners; and (4) if the applicant is a corporation, the names and titles of all officers. Such notice shall be printed not less than 14 days after the application is filed with the Municipal Clerk.
[Ord. #1996-4, § 1A-5]
All licenses for the operation of a sexually oriented business shall be granted by the Township Committee and issued by the Township Clerk. The license shall be renewed and reissued annually effective January 1 of each year after payment of the required fees and submission of the application form to the Township Clerk. The license when issued shall be posted and conspicuously displayed in the place of business of the applicant. The Municipal Clerk shall also issue all identification cards required by the licensee and/or its employees at the same time that the license issued.
The license shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
The Township Committee shall approve the issuance of a license to an applicant within 60 days after receipt of an application unless the Committee finds one or more of the following to be true:
a. 
An applicant is under 18 years of age.
b. 
An applicant or an applicant's spouse is overdue in his payment to the Township of taxes, fees, fines, or penalties assessed against him or imposed upon him in relation to a sexually oriented business. The Township Tax Assessor shall make this determination and report his findings to the Township Committee within 60 days from the time the application is filed.
c. 
An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
d. 
An applicant or an applicant's spouse has been convicted of a violation of a provision of this section, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. The State Police shall make this determination and report their findings to the Township Committee via the Municipal Clerk within 60 days from the time the application is filed.
e. 
The premises to be used for the sexually oriented business have not been approved by the Zoning Officer and/or the Township Construction Code Official as being in compliance with this section. Reports of compliance or noncompliance with this section must be completed by the municipality within 60 days from the time the application is filed.
f. 
The license fee required by this section has not been paid.
g. 
An applicant has failed to comply with the requirements of Subsection 4-6.4 et seq.
h. 
An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated that he is unable to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating action by police officers.
i. 
The premises do not have at least two emergency fire exits.
j. 
The premises have not been inspected as to fire prevention and fire safety and approved by the Fire Subcode Official and/or County Fire Marshal.
k. 
An applicant or the proposed establishment is in violation of or is not in compliance with Subsections 4-6.7, 4-6.12, 4-6.13, 4-6.15, 4-6.16, 4-6.17, 4-6.18, 4-6.19 or 4-6.20.
l. 
An applicant has been convicted of a crime involving:
1. 
Any of the following offenses as described in N.J.S.A. 2C:34-1 et seq., and N.J.S.A. 2C:34-2 et seq.:
(a) 
Prostitution;
(b) 
Promotion of prostitution;
(c) 
Aggravated promotion of prostitution;
(d) 
Compelling prostitution;
(e) 
Obscenity;
(f) 
Sale, distribution, or display of harmful material to minor;
(g) 
Sexual performance by a child;
(h) 
Possession of child pornography;
2. 
Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses or a crime involving moral turpitude;
3. 
Removal of Disqualification.
(a) 
An applicant who has been convicted of an offense listed above may qualify for a sexually oriented business license only when such conviction has preceded the date of the application by five years or more and the Township Committee grants a request for removal of the disqualification for good cause shown.
[Ord. #1996-4, § 1A-6; Ord. #2002-8, § 1]
The annual fee for a sexually oriented business shall be as established in Schedule B[1]to be submitted with the application.
[1]
Editor's Note: Schedule B, referred to herein may be found in Appendix A, Fee Schedule..
[Ord. #1996-4, § 1A-7]
a. 
An applicant or licensee shall permit representatives of the Tabernacle Zoning Office and Township Construction Code Official to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.
b. 
A person who operates a sexually oriented business or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a Zoning Official or Construction Code Official of the Township at any time it is occupied or open for business.
c. 
The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.
[Ord. No. 1996-4, § 1A-8]
a. 
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Subsection 4-6.4. Application for renewal should be made at least 60 days before the expiration date, and when made less than 60 days before the expiration date, the expiration of the license will not be affected.
b. 
If the Township Committee denies a renewal and subsequent to denial, the Township Committee finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license.
[Ord. #1996-4, § 1A-9]
The Township Committee shall suspend a license for a period not to exceed 30 days if it determines that a licensee has:
a. 
Violated or is not in compliance with any portion of this section.
b. 
Knowingly permitted the rules and regulations of the New Jersey Division of Alcoholic Beverage Control to be violated while in the sexually oriented business;
c. 
Refused to allow an inspection of the sexually oriented business premises as authorized by this section;
d. 
Demonstrated inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating repeated action by law enforcement officers.
[Ord. #1996-4, § 1A-10]
a. 
The Township Committee shall revoke a license if a cause of suspension in Subsection 4-6.9 occurs and the license has been suspended within the preceding 12 months.
b. 
The Township Committee shall revoke a license if it determines that:
1. 
A licensee gave false or misleading information in the material submitted to the Township Committee during the application process;
2. 
A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;
3. 
A licensee or an employee has knowingly allowed prostitution on the premises;
4. 
A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
5. 
A licensee has been convicted of an offense listed in Subsection 4-6.5l,1 for which the time period required in Subsection 4-6.5l,2 has not elapsed or the disqualification has not been removed;
6. 
On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in Subsection 4-6.5l,2., for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed;
7. 
A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual activity to occur in or on the licensed premises. The term "sexual activity" shall have the same meaning as it is defined in N.J.S.A. 2C:34-1(2); or taxes related to the sexually oriented business.
c. 
The fact that a conviction is being appealed shall have no effect on the revocation of the license.
d. 
Subsection 4-6.10b,7 does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.
[Ord. #1996-4, § 1A-11]
If the Township Committee denies the issuance of a license or suspends or revokes a license, the Municipal Clerk shall send to the applicant, or licensee, by certified mail, return receipt requested, written notice of said decision.
[Ord. #1996-4, § 1A-12]
A licensee shall not transfer his license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
[Ord. #1996-4, § 1A-13]
a. 
A person commits an offense if he operates or causes to be operated a sexually oriented business within one thousand (1,000') feet of:
1. 
A church or place of religious worship;
2. 
A public or private elementary or secondary school;
3. 
A child care facility;
4. 
A boundary of residential districts defined in this section;
5. 
A public park;
6. 
The property of a lot devoted to residential use as defined in this section;
7. 
Another sexually oriented business.
b. 
For the purposes of Subsection a., measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or place of religious worship, or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot.
c. 
Any sexually oriented business lawfully operating that is in violation of paragraphs a or b of this subsection shall be deemed a nonconforming use. Such use will be permitted to continue unless it is voluntarily discontinued for a period of 30 days or more.
d. 
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church or place of religious worship, public or private elementary or secondary school, public park, residential district, or residential lot within one thousand (1,000') feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.
e. 
All locational requirements of this subsection must be approved by the Zoning Officer within 60 days from the time the application is filed.
[Ord. #1996-4, § 1A-14]
The Township Committee shall have the power to suspend or revoke any license when the licensee is found guilty of a crime involving moral turpitude, violating any municipal ordinance or regulation involving sexually oriented business, or when the licensee shall violate any other law or regulation pertaining to the operation of the premises, violate the provisions of this section or any other ordinance of the Township. If the Township Committee shall have reason to believe that there are grounds upon which to revoke any such license, it shall cause a notice to be served in writing upon the licensee, the person in charge of the licensed premises or the agent thereof requiring an appearance before the Township Committee at such time and place as it shall designate, to show cause why the license should not be suspended or revoked. Such notice is to be served at least 10 days prior to the date set for a hearing and the licensee shall be afforded a hearing before the Township Committee prior to the suspension or revocation of his license. Violations of any provision of this section is also subject to the jurisdiction of the Tabernacle Township Municipal Court.
[Ord. #1996-4, § 1A-15]
The license to operate a sexually oriented business shall not be transferable from place to place or to another person and the ownership of said business may not be changed or modified until proper application shall have been made as heretofore provided for an original issuance and shall be granted only with the written consent of the Township Committee.
[Ord. #1996-4, § 1A-16]
a. 
An escort agency shall not employ any person under the age of 18 years.
b. 
A person commits an offense if he acts as an escort or agrees to act as an escort for any person under the age of 18 years.
[Ord. #1996-4, § 1A-17]
a. 
A nude model studio shall not employ any person under the age of 18 years.
b. 
A person under the age of 18 years commits an offense if he appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
c. 
A person commits an offense if he appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right of way.
d. 
A nude model studio shall not place or permit a bed, sofa, or mattress in any room of the premises, except that a sofa may be placed in a reception room open to the public.
[Ord. #1996-4, § 1A-18]
a. 
A person commits an offense if he knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
b. 
A person under the age of 18 years commits an offense if he knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
c. 
It is a defense to prosecution under paragraphs a and b of this subsection if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
[Ord. #1996-4, § 1A-19]
a. 
Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel and that term is defined in this order.
b. 
A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, he rents or subrents a sleeping room to a person and, within 10 hours from the time the room is rented, he rents or subrents the same sleeping room again.
c. 
For purposes of Subsection b of this subsection, the terms "rent" and "subrent" mean the act of permitting a room to be occupied for any form of consideration.
[Ord. #1996-4, 1A-20]
a. 
A person who operates or causes to be operated a sexually oriented business which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
1. 
Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with market dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6") inches. The Township Committee may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certified that the configuration of the premises has not been altered since it was prepared.
2. 
No alteration in the configuration or location of a manager's station may be made without the prior approval of the Construction Code Official or his designee.
3. 
It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
4. 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. Viewing booths must be separated at least twelve (12") inches from the exterior walls of any other viewing booths by open space.
5. 
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the area specified in Subsection a,5 remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection a,1 of this subsection.
6. 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level.
7. 
It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above, is maintained at all times that any patron is present in the premises.
8. 
No sexually oriented business shall be permitted to operate before 8:00 p.m. or after 12:00 midnight, Monday through Saturday.
b. 
A person having a duty under paragraphs a,1 through a,8 above commits an offense if he knowingly fails to fulfill that duty.
c. 
All locational requirements of this section must be approved by the Zoning Officer within 60 days from the time the application is filed.
[Ord. #1996-4, § 1A-21]
a. 
A person commits an offense if, in a sexually oriented business establishment open to persons under the age of 18 years, he permits obscene material to be disseminated to persons under the age of 18 years pursuant to N.J.S.A. 2C:34-3 et seq.
b. 
In this subsection "display" means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:
1. 
It is available to the general public for handling and inspection; or
2. 
The cover or outside packaging on the item is visible to members of the general public.
c. 
Defenses to prosecution under this subsection are provided in N.J.S.A. 2C:34-3e and shall be incorporated herein as if fully set forth.
[Ord. #1996-4, § 1A-22]
This section shall be enforced by the Zoning Officer and any law enforcement officers of the State of New Jersey.
[Ord. #1996-4, § 1A-23; Ord. No. 1998-9]
Any person or corporation who shall violate or fail to comply with the provisions of this section shall be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. #2008-2]
[1]
Editor's Note: Former § 4-7, On-Road and Roadside Solicitations for Charitable Organizations, previously codified herein and containing portions of Ordinance No. 1998-6, was repealed in its entirety by Ordinance No. 2008-2. Ordinance No. 2008-2 prohibits charitable solicitations in or along the local road or county highway as hazardous and inimical to health and welfare of the public.
[Ord. #2000-7, §§ 1 through 12; Ord. #2002-8, § 1; amended 4-29-2019 by Ord. No. 2019-4]
a. 
Purpose. It is recognized that special events enhance the quality of life for the residents of the Township. Therefore, without unduly burdening event planners and sponsors, a permit shall be required to be obtained in advance for all special events, as defined herein, to ensure notice to the Township and to ensure planning and coordination of such events with the Township Office of Emergency Management.
b. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
SPECIAL EVENT
Shall be defined as follows: Any protest, service, fair, carnival, festival, show, exhibition, celebration, assembly, pageant, or other similar public event to be conducted within or partly within the Township of Tabernacle where attendance by participants, spectators and/or patrons is expected to be greater than 250 persons and where the event or any part of the event is to be held on public ground, a public park, in a public right of-way or on private ground when the public is invited and/or the event is advertised.
1. 
In addition, Special Event shall also include any walkathon, march, parade, automobile road rally, motorcycle race or enduro, bicycle race, rally or tour, foot race, marathon, hike, or trail ride of any kind or similar function, procession, or any similar display conducted in or upon any street, road, park, or other public place within Tabernacle Township.
2. 
Special Event does not include any funerals, weddings, or processions sponsored by houses of religious worship, educational activities under the direction and supervision of school authorities, normal camp activities occurring at an accredited camp, processions sanctioned or approved by a government agency including but not limited to the Township and its subdivisions, the Fire Company or the EMS while acting within the scope of their duties and/or functions, or processions arising out of labor disputes.
c. 
Permit Required.
1. 
Any individual, partnership, corporation or entity conducting a special event shall submit an application for a special event permit. An application fee of $75 shall accompany any submitted application for a special event permit. Applications shall be submitted at least 30 days prior to the date of the special event on a form to be supplied by the Township Clerk.
2. 
The Township OEM and/or Administrator shall have the authority to revoke a special event permit issued hereunder in the event that standards for issuance are not met and/or it is determined that the special event poses any risk to public safety.
d. 
Event management plan required. An event management plan shall be submitted with each application for a special event permit. The event management plan shall include proposed planning and actions to address public health and safety issues including, but not limited to, emergency vehicle access, traffic and pedestrian management and trash, refuse and sanitary sewer management. This plan shall be approved by the Township Office of Emergency Management prior to the issuance of any permit and shall include:
1. 
The name, address, email address and telephone numbers of all persons and any organization or corporate entity involved and the person(s) representing such an organization seeking to conduct the special event.
2. 
The type of function and the proposed dates when the special event is to be conducted; the route to be utilized for any procession if any and the many of travel including the spacing of participants; the approximate number of persons to be expected to participate in the special event; the hours when the special event will start and terminate; the proposed location of assembly areas if any.
3. 
Written permission evidencing a license to use any private property associated with the special event.
4. 
Emergency vehicle access management shall include establishing the location(s) and manner in which emergency vehicle may access the event and ancillary property if necessary.
5. 
Traffic and pedestrian management includes:
(a) 
Providing safe ingress and egress, vehicular traffic flow, and pedestrian traffic flow;
(b) 
Utilizing parking attendants, signs, or other parking-related instructions to facilitate vehicular and pedestrian traffic flow onto, off of, and within the event. Special service providers may be required to assist with traffic management;
(c) 
Establishing areas temporarily devoted to parking based on the volume of visitors expected; and
(d) 
Establishing overflow parking areas in the event the planned-for parking capacity is exceeded.
6. 
Public health management includes:
(a) 
Providing sanitary facilities sufficient to accommodate, without causing long queues, the volume of visitors expected;
(b) 
Providing hand-sanitizing facilities for visitors to wash or sanitize their hands after the use of the sanitary facilities;
(c) 
Locating sanitary facilities and managing them with an appropriate cleaning schedule, so as to prevent adverse impacts on health and adjacent properties, such as odors;
(d) 
Providing trash and recycling receptacles to accommodate the volume of visitors expected in order to prevent the accumulation of trash and debris on the ground; and
(e) 
Properly training and equipping event staff on how to handle emergencies that may occur during the event including, but not limited to, the preparation of a protocol for contacting and deploying police, fire, and/or another emergency service in the event of an actual emergency.
7. 
If a special event occurs periodically or more than once per year and occurs under the same basic conditions, an applicant may satisfy the provisions of this chapter for the multiple events by submitting a single event management plan that notes the multiple occurrences and the future dates of the event.
8. 
If the Office of Emergency Management Coordinator requests or requires any additional information or changes to the special event management plan, the applicant shall provide the additional information and comply with the required changes.
e. 
Insurance and Indemnification. Special event permits shall be conditioned upon the provision of insurance in the name of the applicant and/or property owner and indemnification to the Township in accord with the following:
1. 
Insurance. The applicant shall furnish evidence of a liability insurance policy insuring against loss in an amount not less than $1,000,000 combined single limit per occurrence and in the aggregate covering personal injury and property damage issued by an insurance company authorized to do business in the State of New Jersey. The insurance policy shall be endorsed to the Township with the Township, its elected and appointed boards, officers, agents, officials and employees named as additional insured and shall provide that any other insurance maintained by the Township shall be in excess of and not contributing to the insurance coverage provided to the Township under the applicant's policy.
2. 
Indemnification. The applicant shall also be required to sign an indemnity agreement in a form approved by the Township Attorney which shall expressly provide that the applicant agrees to defend, protect, indemnify and hold the Township, its officers, employees and agents free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of applicant, participants, its officers, agents or employees in connection with the permitted event or activity; and the permit shall expressly provide that the applicant shall, at applicant's own cost, risk and expense, defend any and all claims or legal actions that may be commenced or filed against the Township, its officers, agents, participants or employees, and that the applicant shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the Township, its officers, agents or employees as a result of the alleged acts or omissions of applicant or applicant's officers, agents, participants or employees in connection with the uses, events or activities under the permit. This indemnification shall specifically include the provision of legal counsel for defense, including payment thereof, and any costs incurred by the Township in seeking enforcement of the indemnification.
f. 
Violations and Penalties. Any person, firm, corporation, association, legal party or other entity whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under the general penalty provisions found in this Code.[1]
[1]
Editor's Note: See § 1-5, General Penalty.
[1]
Editor's Note: Prior ordinance history: Ordinance No. 2001-1.
[Ord. No. 2018-2]
Subject to all provisions of N.J.S.A. 5:8-24, et seq." Bingo Licensing Law," N.J.S.A. 5:8-50, et seq. "Raffles Licensing Law," and in accordance with N.J.A.C. 13-47 et seq." Rules of Legalized Games of Chance" issued by the Legalized Games of Chance Control Commission, games of chance shall be permitted in the Township of Tabernacle.
[Ord. No. 2018-2]
The issuing authority, as defined in N.J.S.A. 5:8-24, et seq. and N.J.S.A. 5:58-50, et seq. responsible for approving bingo and raffle licenses shall be the Municipal Clerk.
[Ord. No. 2018-2]
Any applicant authorized by law to conduct any games of chance, including raffles and bingo, shall be permitted to conduct the same on any day of the week, including Sunday as provided by N.J.S.A. 5:8-31 and N.J.S.A. 5:8-58.
[Ord. No. 2018-2]
Subject to all provisions of N.J.S.A. 5:8-26 and N.J.S.A. 5:8-52 each applicant for a license to hold and operate games of bingo or raffle shall file with the Township Clerk written application with required fees. The issuing authority shall approve or deny all applications for bingo or raffle licenses.
[Ord. No. 2018-2]
a. 
Licensing fees payable to the Legalized Games of Chance Control Commission shall be as set forth in N.J.A.C. 13:47-4.9.
b. 
The Township shall collect a separate fee equal to that levied by the Legalized Games of Chance Control Commission pursuant to N.J.A.C. 13:47-4.10.
[Ord. No. 2018-2]
No license to conduct a game of chance as authorized by law shall be issued to any organization not having a bona fide situs established in good faith within the State of New Jersey and actively engaged in serving one or more of the authorized purposes as defined by the rules and regulations of the Legalized Games of Chance Control Commission.
[Ord. No. 2018-2]
a. 
No person, organization, club, company or squad shall conduct, operate, run or sponsor any unlicensed bingo or raffle within the municipality;
b. 
No person, organization, club, company or squad shall violate any of the terms or provisions of any one or more of the following:
1. 
Bingo Licensing Law, N.J.S.A. 5:8-24 et seq.
2. 
Raffle Licensing Law, N.J.S.A. 5:8-50 et seq.
3. 
Bingo and Raffles, N.J.A.C. 13:47 et seq.
4. 
Any provisions of this section.
[Ord. No. 2018-2]
The Governing Body, pursuant to N.J.S.A. 5:8-30 and N.J.S.A. 5:8-57, may suspend and revoke any issued bingo or raffle license, after a hearing, for any violation of this chapter or applicable State law. The Governing Body may suspend the operation of a bingo or raffle license pending a hearing, in which case a hearing must be held within five days after such action. Notice of hearing shall be served personally upon an officer of the licensee or the member in charge of the bingo or raffle or sent by registered mail or certified mail to the licensee at the address shown on the license. All decisions and findings by the Governing Body regarding suspension or revocation of a bingo or raffle license shall be in writing.
[Ord. No. 2018-2]
Any person, organization, club, company or squad who violates any of the provisions of this section shall be subject to the following penalties:
a. 
Suspension and revocation of any outstanding license;
b. 
Suspension from obtaining a bingo or raffle license in the municipality for a period of one year from the date of violation;
c. 
If a person, not more than 90 days imprisonment and/or fine of not more than $500;
d. 
If an organization, club company or squad, a fine of not more than $1,000; or
e. 
As provided in the New Jersey Administrative Code.
[Ord. #2009-6]
As used in this section, the following terms shall have the meanings indicated:
PERSON
Shall mean any individual, co-partnership, association, corporation or joint-stock company, their lessees, trustees or receivers.
STREET
Shall mean and include any street, road, avenue, park, parkway, highway or other public place.
TAXICAB
Shall mean and include any public vehicle propelled by mechanical power, commonly called "taxi," engaged in the business of carrying passengers for hire and which particularly accepts and discharges such passengers as may offer themselves for transportation from points or places within the Township. It shall not include taxis that only discharge passengers within the Township, but shall include taxis that only pick up passengers within the Township.
[Ord. #2009-6]
No person shall operate any taxicab upon any street within the Township of Tabernacle unless both the taxicab and the driver thereof are licensed pursuant to the terms of this section and conform to all of the provisions hereof and such person shall have complied with the laws of the State of New Jersey relating to taxicabs.
[Ord. #2009-6]
a. 
Every application for a taxicab license shall be made in writing to the Township Clerk and shall set forth the full name and address of the owner, lessee or bailee of the taxicab to be licensed, the make and character of taxicab, the length of time it has been in use, the number of persons said vehicle is suitable for carrying, the motor and serial number thereof and the place where it may be inspected by the Township Administrator. The applicant for a taxicab license shall present to the Township Clerk proof of registration for the vehicle, setting forth the name and address of the person to whom the vehicle is registered.
1. 
If the applicant is an individual or co-partnership, said application shall state also whether or not the applicant or applicants have ever been convicted of a crime, and if so, the crime of which he or she has been convicted, the place of conviction, the date thereof and the punishment therefor.
2. 
If the applicant is a corporation, said application shall set forth the names and addresses of its officers, directors or stockholders and shall also state whether or not said officers, directors or stockholders have been convicted of a crime, and if so, the crime of which he or she has been convicted, the place of the conviction, the date thereof and the punishment therefor.
b. 
Fee. Each application shall be accompanied by a nonrefundable license fee of $50 for each taxicab to be licensed.
c. 
There shall be submitted with each application a schedule of the rates, fees or charges proposed to be made for the use within the Township of Tabernacle of such taxicabs to be licensed.
[Ord. #2009-6]
No taxicab license or taxicab driver's license shall be issued to an individual who is not a citizen of the United States of America or who has been convicted of a crime involving moral turpitude, or to a co-partnership unless all the members thereof are citizens of the United States of America and none of whom has been convicted of a crime involving moral turpitude, or to a corporation unless each of said officers, directors and stockholders thereof is a citizen of the United States of America and none of whom has been convicted of a crime involving moral turpitude.
[Ord. #2009-6]
Prior to the issuance of a taxicab license to an applicant under the above-entitled section, each applicant shall file a certificate of insurance with the Township of Tabernacle proving that each taxicab of the applicant is covered by liability insurance in the minimum amount of $100,000 per person and $300,000 per accident and $10,000 property damage per accident.
[Ord. #2009-6]
Upon the granting of a taxicab license, there shall be issued to the applicant a card setting forth the name and address of the licensee, the number of the license, the make and character of the taxicab licensed, together with the maximum number of passengers to be carried therein at any one time. Said license card shall be signed by the Township Clerk and shall at all times be prominently displayed in the interior of the taxicab so licensed. There shall also be displayed in the interior of said taxicab a statement or schedule of the charges for the use thereof. Any taxicab license issued pursuant to this section may be transferred to another vehicle owned or in the custody of the same licensee, upon approval of the Township Clerk after proper application is made therefor and payment of a transfer fee of $20.
[Ord. #2009-6]
Every application for a taxicab driver's license shall be made to the Township Clerk and shall set forth the full name and address of the applicant, date of birth, social security number, whether or not he or she has ever been convicted of a crime, and if so, the crime of which he or she has been convicted, the place of conviction, the date thereof and the punishment therefor. Such applicant shall also furnish his or her driver's license number and satisfactory evidence that said license is not now or has been previously revoked. Each applicant for the taxicab driver's license shall, at the time of filing his application, consent to a criminal history investigation by the New Jersey State Police in order to secure reports from any agency it may deem desirable or necessary with respect to said application. Each applicant for a taxicab driver's license shall file with his or her application three photographs, approximately one and one-half (1 1/2) inches by one and one-half (1 1/2) inches, clearly depicting the facial features of the applicant, each of which photographs shall thereupon become the property of the Township and be retained with the application form unless the application shall be granted and the license issued, in which event one of such photographs shall be permanently affixed to the license card issued to said taxicab driver, one shall be retained by the Township Clerk and one shall be delivered to the New Jersey State Police. Each of said photographs shall be signed on the back thereof by the applicant and shall bear the date upon which they were taken, which shall be not more than 30 days prior to the date of the application. A nonrefundable license fee of $50 shall accompany each application for a taxicab driver's license.
Note: Application for Taxicab Driver's License is included as an attachment to this chapter.
[Ord. #2009-6]
If the application for a taxicab driver's license shall be granted, there shall be issued to the applicant a license card setting forth the number of the license, the name and address of the licensee and his or her age. Said license card shall be signed by the Township Clerk and shall at all times be permanently displayed and adequately protected in the interior of any taxicab operated by the licensee so that the face thereof shall at all times be in full view of and plainly legible to any person seated on the rear seat of such taxicab.
[Ord. #2009-6]
Any applicant who is denied a license under this section may appeal to the Township Committee within 10 days of his notification of denial at which time the Township Committee will hold a hearing for the aggrieved party to determine the validity of the Township Clerk's denial of the application, at which time the Township Committee may affirm or reverse the actions of the Township Clerk. No application shall be accepted from an applicant who was denied a license and no license shall be issued to said applicant unless the condition or conditions have changed sufficient to warrant a new license. The application shall set forth whether the applicant has previously filed an application for a license and whether said license was denied.
[Ord. #2009-6]
Every application for a taxicab license or taxicab driver's license shall be verified by the oath of the applicant or of an officer thereof if the applicant is a corporation.
[Ord. #2009-6]
Every license issued pursuant to the terms of this section shall expire at 12:00 midnight on the 30th day of June of each year, unless sooner surrendered, suspended or revoked; provided, however, that if an application for a renewal shall have been filed on or before June 30, said taxicab may be operated and said taxicab driver may operate a taxicab, pending the issuance of a new license or licenses, until the 15th day of July next succeeding. No license fee payable under this section shall be prorated nor shall any part thereof be refunded for any reason. Applications for a renewal of any license shall be processed as if an application for a new license.
[Ord. #2009-6]
Every taxicab so licensed shall have printed or marked on both sides thereof or shall have affixed to the top thereof a sign, light or device bearing the word "taxi" or "cab" or the name of the operating owner along with the word "taxi" or "cab" or "taxicab."
[Ord. #2009-6]
The Township Committee, after notice and hearing, may revoke or suspend any license issued pursuant to this section if the licensee has been once convicted of a crime in this or any other jurisdiction or has been convicted of being a disorderly person or of a violation of Title 39, Motor Vehicles and Traffic Regulations, of the Revised Statutes of New Jersey, or if the licensee violates any provision of this section or has any judgment unsatisfied against him, her or it arising out of any automobile accident for the space of 30 days, or if the licensee has made false answers in his, her or its application for such license or any renewal thereof, or if the licensee has failed or fails to render reasonably safe, proper or adequate taxicab service, or if the licensee has not complied fully with all the requirements of this chapter with respect to such license. Any taxicab driver's license may be revoked or suspended by the Township Committee, after notice and hearing, if the licensee has in any degree contributed to any injury to person or damage to property arising out of the negligent operation of a motor vehicle, or if said taxicab driver shall have any communicable or contagious disease. Any taxicab license may be revoked or suspended by the Township Committee, after notice and hearing, if the taxicab licensed is dangerous to the safety or health of occupants or others by reason of unsafe or unsanitary conditions, or if the financial responsibility of the owner, lessee or bailee has fallen below the requirements hereinbefore set forth, or if said licensed taxicab shall be used for any improper, immoral or illegal business or purpose.
[Ord. #2009-6]
Any person who shall violate any of the provisions of this section shall, upon conviction, be punished either by imprisonment in the County Jail or in any place provided by the municipality for the detention of prisoners for a term not exceeding 90 days or by a fine not exceeding $1,000, or both, in the discretion of the court. In default of the payment of any fine imposed under this section, any person convicted of a violation hereof may, in the discretion of the court by whom said person was convicted, be imprisoned in the County Jail or place of detention provided by the municipality for any term not exceeding 90 days.