[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:
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]
[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:
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.
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.
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]
[Ord. #1966-4, § 1]
As used in this section:
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]
[Ord. #1986-9, § 1]
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.
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.
[Amended 4-24-2023 by Ord. No. 2023-1]
[Ord. #1990-5, § 1]
Shall mean all corporations, partnerships, limited partnerships,
proprietorships, individuals and/or the directors, shareholders, partners
or owners thereof.
[Ord. #1990-5, § 2; amended 4-24-2023 by Ord. No. 2023-1]
This section implements the provisions of P.L.2022, c.92, requiring
business owners, owners of rental units, and owners of owner-occupied
multi-family units to maintain certain liability insurance minimums,
and requiring the creation of a municipal business insurance registry.
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
ordinance of the Township.
[Ord. #1990-5, § 3; amended 4-24-2023 by Ord. No. 2023-1]
a.
Business
owners or owners of rental units located in the Township of Tabernacle
must maintain liability insurance for negligent acts and omissions,
at a policy minimum of $500,000 for combined property damage and bodily
injury to or death of one of more persons in any one accident or occurrence.
b.
Owners
of multi -family dwellings located in the Township of Tabernacle,
with four or fewer units, of which one unit is owner-occupied, must
maintain liability insurance for negligent acts and omissions, at
a policy minimum of $300,000 for combined property damage and bodily
injury to or death of one of more persons in any one accident or occurrence.
[Ord. #1990-5, § 4; amended 4-24-2023 by Ord. No. 2023-1]
b.
To complete initial annual registration, the owner must file following
documents with the Code Enforcement Office:
1.
A valid certificate of insurance supplied by the insurance company
that issued the policy;
2.
Business name, if applicable;
3.
Name of business owner or property owner;
4.
Address of business or property;
5.
Email address of business owner;
6.
The names and addresses of all officers, directors or owners;
7.
Date business was first established;
8.
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;
9.
Date of issuance and expiration of insurance policy;
10.
Contact information for business or property owner;
11.
$50 registration fee.
c.
$50 registration fee is due upon submission of the registration documents
(paragraphs a-j above).
[Ord. #1990-5, § 5; Ord. #2002-8, § 1;
amended 4-24-2023 by Ord. No. 2023-1]
Upon satisfaction of the registration requirements in subsection 4-5.4, the Code Enforcement Office shall issue a certificate of registration to the owner. This certificate of registration shall act as proof of compliance with this Chapter. A certificate of registration shall be valid for one calendar year.
[Ord. #1990-8, § 1; Ord. #2002-8, § 1; 4-24-2023 by Ord. No. 2023-1]
All documents listed in 4-5.4, paragraphs a-k must be submitted
each year annually, no later than January 31 of the applicable year.
The registration fee for renewal will be $15. The registration shall
then be renewed for an additional year.
[Added 4-24-2023 by Ord. No. 2023-1]
a.
If an owner fails to maintain the required level of insurance the
Township may impose a fine against the owner of not less than $500
but no more than $5,000, by way of summary proceeding pursuant to
N.J.S.A.2A:58-10.
b.
If an owner fails to file annual registration renewal by January
31, a late notice will be mail and the owner will be subject to the
renewal fee of $15 and a late fee of $20 for a total payment of $35;
c.
If payment is not made by February 28, an additional notice will
be mailed and the owner will be subject to the renewal fee of $15
and a late fee of $30 for a total payment of $45;
d.
If payment is not made by March 31 a final notice will be mailed
and the owner will be subject to the renewal fee of $15 and a late
fee of $40 for a total payment of $55.
e.
If the owner fails to file, the annual registration renewal by April
30 the Township may impose a fine against the owner of not less than
$500 but no more than $5,000 by way of summary proceeding pursuant
to N.J.S.A. 2A:58-10.
[Ord. #1990-5, § 6; Ord. #1990-8, § 1;
amended 4-24-2023 by Ord. No. 2023-1]
Separate registrations, in addition to a valid insurance certificate,
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:
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."
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:
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
Instruments, devices, or paraphernalia which are designed for
use in connection with "specified sexual activities."
Shall mean a nightclub, bar, restaurant, or similar place
of business or portion thereof which features:
Persons who appear in a state of nudity or seminude state; or
Live performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities";
or
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."
Shall mean a hotel, motel or similar commercial establishment
which:
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
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
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."
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."
Shall mean a person who must apply for a license by this
section.
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.
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.
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.
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.
Shall mean and include any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The addition of any sexually oriented business to any other
existing sexually oriented business;
The relocation of any sexually oriented business; or
A location and place of business.
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.
Shall mean the Municipal Clerk of the Township of Tabernacle.
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.
Shall mean:
Shall mean an individual, proprietorship, partnership, corporation,
association, or other legal entity.
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.
Shall mean duly sworn law enforcement officers of the State
of New Jersey or his or her designated agent.
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.
Shall mean a tract of land maintained by the Federal, State,
or a local government for the recreation and enjoyment of the general
public.
Shall mean a single family, duplex, townhouse, multiple family
or mobile home district.
Shall mean a single family, duplex, multiple family, or "mobile
home park, mobile home subdivision, and campground" used as a residence.
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.
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.
Shall mean a business or commercial enterprise that, as one
of its primary business purposes, offers for any form of consideration:
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.
Shall mean human genitals in a state of sexual arousal.
Shall mean and include any of the following listed as sexual
activity in N.J.S.A. 2C:34-1 et seq.
Shall mean the increase in floor area occupied by the business
by more than 25%.
Shall mean and include any of the following:
The sale, lease, or sublease of the business;
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means; or
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:
[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.
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.
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.:
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;
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.
[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]
[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.
[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:
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]
[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.
SPECIAL EVENT
1.
2.
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
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.
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.
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: 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]
[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]
[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:
Shall mean any individual, co-partnership, association, corporation
or joint-stock company, their lessees, trustees or receivers.
Shall mean and include any street, road, avenue, park, parkway,
highway or other public place.
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.
