[1982 Code § 4-1.1; New]
It shall be unlawful for any person to conduct the business
of hawker, peddler, or itinerant vendor of merchandise within the
Borough without having first registered daily in the office of the
Borough Clerk.
[1982 Code § 4-1.7; New]
[1982 Code § 4-2.1]
The purpose of this section is to license and regulate the distribution
and operation of amusement or entertainment machines and devices and
machine jukeboxes when employed for amusement or entertainment on
a commercial basis. Because these machines and devices may become
a public nuisance by reason of the manner in which they are distributed
or operated, it is hereby determined by the Borough that control and
regulation of such machines and devices is necessary for the protection
and preservation of the public safety, morals and welfare.
[1982 Code § 4-2.2]
As used in this section:
Shall mean any machine, contrivance or device which, upon
the insertion of a coin, slug, token, plate, disc or key into a slot,
crevice or other opening, or by the payment of any price operates
or may be operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score. It shall include,
without limitation, such devices as skillball, marble machines, pinball
machines and any electronic or mechanical game machines, devices,
operations or transactions similar thereto, under whatever name they
may be called, and any pool or billiard table or any bowling alley.
It shall also include, without limitation, any machine or device commonly
called a peep show and any machine or device commonly called a kiddie-ride.
Shall mean any person, partnership, firm, association, corporation
or any other business entity which leases, rents out or places under
any kind of arrangement, within the Borough, one or more machine jukeboxes
or one or more amusement or entertainment machines or devices in premises
or in a location owned or controlled by another.
Shall mean the entire premises, including without limitation,
all buildings, auxiliary buildings, structures, appurtenant structures,
walks, alleys, drives and parking facilities owned by or controlled
by the operators and/or owner-operator.
Shall mean any music vending machine, contrivance or device
which upon the insertion of a coin, slug, token, plate, disc or key
into any slot, crevice or other opening, or by the payment of any
price operates or may be operated by the public generally for the
emission of music, songs or similar amusement, and shall include without
limitation, what is commonly called children's mini-cartoon theatres.
Shall mean any natural person, partnership, firm, association,
corporation or any other business entity which owns or controls premises
or a location within the Borough in which any machine jukebox or amusement
or entertainment machine or device is displayed for public patronage
or is placed or kept for operation by the public.
Shall mean any natural person, partnership, firm, association,
corporation or any other business entity which owns or controls premises
or a location within the Borough in which any machine jukebox or amusement
or entertainment machine or device which is owned by the natural person,
partnership, firm, association or corporation, or any other business
entity is displayed for public patronage or is placed or kept for
operation by the public.
[1982 Code § 4-2.3; New]
The application for such license shall state the following:
a.
Name, address and telephone number of applicant. If applicant is
an individual, the age, date and place of birth of applicant; and,
if applicant is a partnership, firm, association, corporation or other
business entity, the same information shall be supplied for each of
the stockholders, officers and directors of the corporation or the
partners, members or principals; except, that if the corporation has
on file with the Securities and Exchange Commission a registration
statement in connection with the listing of any class of its stock
on any stock exchange or the sale thereof to the general public, it
shall supply such information for each of its officers and directors
and each of the owners of 5% or more of any class of its stock.
b.
The name and address of the registered agent of the applicant or
person upon whom service of process is authorized to be made.
c.
The name, home address and home telephone number of the manager or
other authorized agent of the applicant who shall be in charge of
or conduct the business of the applicant within the Borough.
d.
Prior criminal conviction of the applicant, if any, (whether by or
without jury or by plea) in any jurisdiction of an offense which under
the laws of New Jersey is denominated a misdemeanor, a high misdemeanor
or an offense involving moral turpitude, with a full disclosure of
the nature of the offense, time and place of commission, legal proceedings
in connection therewith and punishment. The term applicant under this
paragraph shall mean and shall include all persons whose names, addresses,
ages and places of birth must be furnished under paragraph a of this
section.
e.
The type, manufacturer, serial number and location of each machine
jukebox or amusement or entertainment machine or device to be distributed
under the license applied for.
f.
The terms, conditions and arrangements, including without limitation
all financial arrangements under which the applicant is to distribute
machine jukeboxes or amusement or entertainment machines or devices
within the Borough. There shall be included a copy of all agreements
and arrangements between the applicant and the operator with whom
the business is to be conducted. The Borough Clerk shall require such
additional information as may be necessary to fully and accurately
disclose the nature of the proposed business to be conducted under
this section.
g.
If the applicant is a corporation, there shall be included a corporation
resolution in proper form authorizing the execution of the license
application on behalf of the corporation.
h.
The application shall contain, under oath, made by the applicant
that the information contained in the application and all attachments
thereto is complete, accurate and truthful to the best of his knowledge
and belief.
i.
The Borough Clerk shall promptly forward a copy of the application
and accompanying materials to the Chief of the Fire Department, the
Health Officer and the Construction Official for investigation, review
and report. Each of these officers shall, within 10 days of the date
of his receipt of a copy of such application, forward his report to
the Borough Clerk who in accordance with the standards and requirements
set forth herein may grant or refuse the license, or may grant the
license as to one or more but not all of the machine jukeboxes or
entertainment machines and devices and refuse the license as to the
rest. If the license is granted, the Borough Clerk shall forthwith
issue the license upon payment of the licensing fee. The Borough Clerk
shall insure that the license application and all attachments thereto
are complete, accurate and truthful and that those persons whose names
are required to be disclosed on the license application are all persons
capable of owning, controlling and conducting the proposed business
of distributing machine jukeboxes or amusement or entertainment machines
and devices within the Borough in a manner consistent with the public
safety, good morals and general welfare of the community; that all
those persons whose names are required to be disclosed on the license
application can reasonably be expected to own, control, manage or
operate the proposed business in accordance with all applicable laws,
ordinances and regulations, and free from any gambling, immoral or
illegal conduct or activity and free of all unnecessary and unwanted
noise and commotion; that no criminal element is in direct or indirect
control or management of the business of the applicant, that the granting
of the application and issuance of the license thereunder will promote
a fair competitive market for the distribution of machine jukeboxes
or amusement or entertainment machines and devices within the Borough;
that the granting of the application and issuance of the license thereunder
will not create an unwarranted burden on any law enforcement officer
or agency, and that the applicant has properly executed all agreements
and consents required by this section and has agreed to conduct the
business in accordance with all requirements of this section and all
other applicable laws, ordinances, rules and regulations.
[1982 Code § 4-2.4; New]
The application for such license shall be made in quadruplicate
and shall state the following:
a.
The name, date and place of birth, home address and business address,
home telephone and business telephone number of the applicant, and
each partner, member or principal and, if applicant is a corporation,
of each stockholder, officer and director.
b.
The name and address of the registered agent of the applicant or
person upon whom service of process is authorized to be made.
c.
The name, date and place of birth, home address and home telephone
number of the manager or other authorized agent of the applicant who
shall be in charge of or conduct the business of the applicant in
the Borough.
d.
Prior criminal convictions of applicant, if any, (whether by or without
jury or by plea) in any jurisdiction of an offense which under the
laws of New Jersey is denominated a misdemeanor, a high misdemeanor
or an offense involving moral turpitude, with a full disclosure of
the nature of the offense, time and place of commission, legal proceedings
in connection therewith and punishment. The term applicant under this
paragraph shall mean and shall include all persons whose names, addresses,
ages and places of birth must be furnished under paragraph a of this
section.
e.
The type, manufacturer, serial number and precise location of each
machine jukebox or amusement or entertainment machine or device to
be operated under the license applied for.
f.
If the applicant is a corporation, there shall be included a corporate
resolution in proper form authorizing the execution of the license
application on behalf of the corporation.
g.
The application shall contain a certification under oath made by
the applicant that the information contained in the application and
all attachments thereto is complete, accurate and truthful to the
best of his knowledge and belief.
h.
The Borough Clerk shall promptly forward a copy of the application
and accompanying materials to the Chief of the Fire Department, the
Health Officer and the Construction Official for investigation, review
and report. Each of the officials of the Fire, Health and Building
Departments shall, within 10 days of the date of his receipt of a
copy of such application, forward his report to the Borough Clerk
who, in accordance with the standards and requirements set forth herein,
may grant or refuse the license, or may grant the license as to one
or more but not all of the machine jukeboxes or amusement or entertainment
machines or devices, and refuse the license as to the rest. If the
license is granted, the Borough Clerk shall forthwith issue the license
upon payment of the licensing fee. The Borough Clerk shall insure
that the license application and all attachments thereto are complete,
accurate and truthful, and that those persons whose names are required
to be disclosed on the license application are all persons capable
of owning and/or operating machine jukeboxes or amusement or entertainment
machines or devices within the Borough in a manner consistent with
the public safety, good morals and general welfare of the community;
that all those persons whose names are required to be disclosed on
the license application can reasonably be expected to own, control,
manage or operate the proposed business in accordance with all applicable
laws, ordinances, rules and regulations, and free from any unnecessary
and unwanted noise and commotion; that no criminal element is in direct
or indirect control or management of the business of the applicant;
that the granting of the application and the issuance of the license
thereunder will promote a fair competitive market for the operation
of machine jukeboxes or amusement or entertainment machines or devices
within the Borough, that the granting of the application and issuance
of the license thereunder will not create an unwarranted burden on
any Law Enforcement Officer or agency; and that the applicant has
properly executed all agreements and consents required by this ordinance
and has agreed to conduct his business in accordance with all requirements
of this ordinance and all other applicable laws, ordinances, rules
and regulations. No operator's license shall be granted hereunder
unless the licensed premises shall meet all requirements of all fire
regulations and building, sanitary, electrical and plumbing codes
of the Borough.
[1982 Code § 4-2.5; New]
a.
No distributor and/or operator and/or owner-operator or any of his
officers, directors, agents, servants or employees shall by threats,
promises, intimidations seek to control or direct the placement or
the removal of any jukebox or amusement or entertainment machine or
device from any premises or location within the Borough and any such
threats, promises or intimidations shall be reported to the Prosecutor's
Office or the Municipal Judge.
b.
No licensed premises shall be without adequate sanitary facilities
nor contain any fire, safety or health hazard.
c.
No machine jukebox or amusement or entertainment machine or device
shall be permitted on any premises located within 200 feet of any
church, school, park or playground.
d.
No machine jukebox or amusement or entertainment machine or device
shall be located in a so-called backroom nor in any part of the licensed
premises which is not open to the general public.
e.
No machine jukebox or amusement or entertainment machine or device
shall be so operated or the business thereof so conducted as to amount
to a nuisance in fact.
f.
No machine jukebox or amusement or entertainment machine or device
shall be operated in such a manner as to be heard out-of-doors.
g.
No songs shall be played, words spoken or pictures or images depicted
or projected on any machine jukebox or on any amusement or entertainment
machine or device which violates the obscenity laws of New Jersey.
h.
No machine jukebox or amusement or entertainment machine or device
shall be permitted to cause unnecessary and unwanted noise or commotion
or otherwise interfere with the public health, welfare and morals.
i.
The operator and/or owner-operator shall not permit, suffer or allow
any person to bet or gamble in any form or manner on the licensed
premises and shall prevent any immoral or illegal conduct or activity
from occurring.
j.
No operator and/or owner-operator shall offer or permit to be offered
any prize or reward to any person playing any machine jukebox or amusement
or entertainment machine or device which is distributed or operated
under this section.
k.
No operator and/or owner-operator shall permit, suffer or allow the
unlawful sale or consumption of alcoholic beverages upon the licensed
premises.
l.
No person on the licensed premises shall have illegally in his possession
or under his control or offer to another any habit-forming drug nor
shall the operator and/or owner-operator permit, suffer or allow such
person on the licensed premises.
m.
No operator and/or owner-operator shall permit any person under 18
years of age to operate any amusement or entertainment machine or
device unless such person shall be accompanied by his parent, legal
guardian or adult member of his family. This section shall not apply
to bowling alleys.
n.
No operator and/or owner-operator shall permit the operation of any
machine jukebox or amusement or entertainment machine or device during
the hours when the taverns in the Borough of Victory Gardens are closed
or between 2:00 a.m. and 9:00 a.m., whichever time period shall permit
the longer operation of such machines or devices.
o.
The operator and/or owner-operator shall at all times maintain good
order upon the licensed premises and shall not permit, suffer or allow
any disturbance, congestion or loitering upon the licensed premises.
p.
No distributor and/or operator and/or owner-operator shall neglect
or fail to report promptly to the Borough Clerk any violation of any
law or ordinance occurring on the licensed premises nor shall any
distributor and/or operator and/or owner-operator neglect or fail
to report promptly to the Borough Clerk any conduct or activity prohibited
by this section.
q.
Both distributor and/or operator and/or owner-operator shall promptly
report in writing to the Borough Clerk any changes by addition or
deletion of the information furnished on the license application and
all material attached thereto, and this obligation shall be fully
met during the term of any license or the renewal thereof.
[1982 Code § 4-2.6]
The following annual license fees shall be paid to the Borough:
a.
Distributors.
1.
Machine jukeboxes: A fee of $100 for the license together with a
fee of $25 for each such machine or device distributed.
2.
Amusement or entertainment machines or devices (except pool or billiard
tables not operated by the insertion of a coin, slug, token, plate,
disc, or key and except for all bowling alleys): A fee of $200 for
the license together with a fee of $30 for each such machine or device
distributed.
3.
Pool or billiard table not operated by the insertion of a coin, slug,
token, plate, disc or key and all bowling alleys: A fee of $200 for
the license together with a fee of $30 for each such machine or device
operated.
b.
Owner-Operator.
1.
Machine jukeboxes owned by the owner-operator: A fee of $50 for the
first machine or device and a fee of $30 for each additional machine
or device so operated.
2.
Amusement or entertainment machines or devices (except pool or billiard
tables not operated by the insertion of a coin, slug, token, plate,
disc or key and except for all bowling alleys) owned by the owner-operator:
A fee of $100 for the first machine or device and a fee of $50 for
each additional machine or device so operated.
3.
Pool or billiard tables not operated by the insertion of a coin,
slug, token, plate, disc or key: A fee of $50 for the first table
and $25 for each additional table.
4.
Bowling alleys: A fee of $20 for each such alley operated.
[1982 Code § 4-2.7]
Each distributor's and/or owners operator's license provided
for in this section shall be posted prominently and conspicuously
at the location of the machine or device on the premises where it
is to be operated or maintained for operation.
[1982 Code § 4-2.8; New]
a.
A distributor's and/or owner-operator's license may be transferred
from one machine or device to another similar machine or device upon
application to the Borough Clerk giving a description by type, manufacturer
and serial number of such other machine or device. Not more than one
machine or device shall be operated under one license and the applicant
or licensee shall be required to secure a license for each and every
machine or device distributed and/or operated by him.
b.
No distributor's and/or owner-operator's license shall be transferred
from distributor to distributor or from owner-operator to owner-operator
or from place to place within the Borough without the same application,
investigation and reports as required on a new application.
[1982 Code § 4-2.9]
All licenses issued under this section shall expire one year
from the date of issuance.
[1982 Code § 4-2.10; New]
Every license issued under this section is subject to the right,
which is hereby expressly reserved, to revoke the license should the
licensed distributor and/or owner-operator distribute or operate any
machine jukebox or amusement or entertainment machine or device contrary
to the provisions of this section or any other law, ordinance, rule
or regulation or fail to cooperate fully with any Enforcement Officer
or agency. Any material misstatement or omission in the license application
or in any information submitted therewith or the failure to notify
in writing the Borough Clerk of any changes by addition or deletion
or amendment to the application or information during the term of
any license or renewal shall constitute sufficient ground for revocation
of the license. Such revocation shall be by the Mayor and Council
after a hearing. The licensee shall be given 10 days' notice of the
hearing and such notice shall state the grounds therefore. At such
hearing the licensee and his attorney may present and submit evidence
and witnesses in his own behalf.
[1982 Code § 4-2.11; New]
If the Code Enforcement Officer or Law Enforcement Officer shall
have probable cause to believe that any jukebox or amusement or entertainment
machine or device is used for gambling, such machine or device may
be seized by the Code Enforcement Officer or Law Enforcement Officer
and impounded and may be considered contraband by law.
[1982 Code § 4-2.12]
The provisions of this section shall not apply to any church,
fraternal or veteran's organization or other religious, charitable
or nonprofit organization that operates any machine jukeboxes or amusement
or entertainment machines or devices exclusively for the use of its
members and the guests of such members and on premises owned or controlled
by it.
[Ord. 1-25-94 § 1]
No person shall engage in the nonprofit business or activity
of solicitor, canvasser, hawker or peddler within the Borough without
first obtaining a permit therefor as hereinafter provided.
[Ord. 1-25-94 § 2]
As used in this section:
Shall mean any person, organization, society or association
of a charitable, religious, patriotic, philanthropic or community
nature desiring to solicit, or have solicited in its name, money,
property or financial assistance.
[Ord. 1-25-94 § 3]
The nonprofit business or activity shall register with the Borough
Clerk and shall provide the following information:
a.
The purpose or cause for which solicitation is being made.
b.
The names and addresses of the officers of the organization.
c.
The name, address, date of birth, sex, complexion, height, weight,
color of hair and color of eyes of each agent or representative who
will solicit, canvass or distribute literature within the Borough.
d.
Each agent or representative shall also provide a recent photograph
of himself or herself, approximately two inches by two inches in size,
showing his/her head and shoulders only.
[Ord. No. 1-25-94 § 4]
a.
Every agent who represents a nonprofit business or activity who solicits
or canvasses shall carry an identification card which shall be issued
by the Borough Clerk and which shall be displayed promptly when requested.
b.
No agent of a nonprofit agency shall solicit before 9:00 a.m. or
after 9:00 p.m. on any day of the week.
[Ord. No. 1-25-94 § 5]
A permit may be revoked by the Borough Council by reason of
the violation of the terms of the permit, the violation of any Borough
Ordinance, State or Federal Statute or falsification in applying for
a permit. Upon the revocation of such permit, such person shall be
entitled to a notice and hearing before the Borough Council, if requested,
within five days of the revocation.
[Ord. No. 1-25-94 § 6;
New]
[Ord. 8/26/03]
The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them except where the context
clearly indicates a different meaning:
Shall mean P.L. 1999 c.19.
Shall mean any systems of activity and/or structured touch
which include, but are not limited to, holding, applying pressure,
positioning and mobilizing soft tissue of the body by manual technique
and use of visual, kinesthetic, auditory and palpating skills to access
the body for purposes of applying therapeutic massage, bodywork or
somatic principles. Such applications may include, but are not limited
to, the use of therapies such as heliotherapy or hydrotherapy, the
use of moist, hot and cold external applications, external application
of herbal or topical preparations not classified as prescription drugs,
movement and neuromyofacial education and education in self-care and
stress management. Massage, bodywork and somatic therapies do not
include the diagnosis or treatment of illness, diseases, impairment
or disability.
Shall mean any establishment wherein massage, bodywork and/or
somatic therapies are administered or are permitted to be administered,
when such therapies are administered for any form of consideration.
[Ord. 8/26/03]
a.
Massage, Bodywork and Somatic Therapy Establishment Permit Required.
No person, firm or corporation shall operate any establishment or
utilize any premises in the Borough as or for a massage, bodywork
and somatic therapy establishment unless or until there has first
been obtained a permit for such establishment or premises from the
Borough of Victory Gardens in accordance with the terms and provisions
of this section.
b.
Massage, Bodywork and Somatic Therapist's Permit. No person shall
practice massage or related therapies as a massage, bodywork or somatic
therapist, employee or otherwise, unless he or she has a valid and
subsisting massage, bodywork and somatic therapist's permit issued
to him or her by the Borough of Victory Gardens pursuant to the terms
and provisions of this section.
[Ord. 8/26/03]
Any person desiring a massage, bodywork and somatic therapy
establishment permit shall file a written application with the Board
of Health upon a form to be furnished by the Health Department. The
application form shall require the following information:
a.
The type of ownership of the business i.e., whether individual, partnership,
corporation or otherwise.
b.
The name, style and designation under which the business is to be
conducted.
c.
The business address and all telephone numbers, including facsimile,
where business is to be conducted.
d.
A complete list of the names and residence addresses of all massage,
bodywork and somatic therapists and employees of the business and
the name and residence address of the manager or other person principally
in charge of the operation of the business.
e.
A sworn statement indicating that all massage, bodywork and somatic
therapies employed or to be employed by the establishment or otherwise
permitted to work at the establishment have been certified by the
State of New Jersey pursuant to the Massage, Bodywork and Somatic
Therapist Certification Act, P.L. 1999 c.19.
f.
The following personal information concerning the applicant, if an
individual; and concerning each stockholder holding more than 10%
of the stock of the corporation, each officer and each director if
the applicant is a corporation; concerning the partners, including
limited partners, if the application is a partnership; and, concerning
the manager or other person principally in charge of the operation
of the business shall be provided:
1.
The name, complete residence address and residence telephone number.
2.
The two previous addresses immediately prior to the present address
of the applicant.
3.
Written proof of age.
4.
Height, weight, sex, color of hair and eyes.
5.
Two front-face portrait photographs taken within 30 days of the date
of the application and at least two inches by two inches in size.
6.
The massage therapy or similar business history and experience, including,
but not limited to, whether or not such person has previously operated
in this or another municipality or State under a license or permit;
or has had such license or permit denied, revoked or suspended, and
the reason therefor; and the business activities or occupations subsequent
to such action or denial, suspension or revocation.
7.
All criminal convictions other than misdemeanor or traffic violations,
fully disclosing the jurisdiction in which convicted and the offense
for which convicted and circumstances thereof. The applicant shall
execute a waiver and consent to allow a fingerprint and criminal background
check by the New Jersey State Police. Failure to execute such a waiver
and consent shall result in a denial of a permit. An establishment
permit shall be denied to any person who has been convicted of any
crime or disorderly person offense, other than traffic violations.
g.
The names and addresses of three adult residents of the County who
will serve as character references. These references must be persons
other than relatives and business associates.
[Ord. 8/26/03]
Every applicant for a permit to maintain, operate or conduct
a massage, bodywork and somatic therapy establishment shall refer
the application to the Borough Building Department, Borough Fire Department,
New Jersey State Police and Borough Planning Department, who shall
inspect the premises proposed to be operated as such an establishment
and shall make written recommendations to the Division of Licensing
and Permits concerning compliance with the codes they administer.
No massage, bodywork and somatic therapy establishment shall be issued
a permit or be operated, established or maintained in the Borough
unless an inspection by the Health Officer, Building Inspector and
Fire Inspector reveals that the establishment complies with the minimum
requirements of the Building and Health Codes for businesses operating
in the Borough. In addition, the establishment must comply with each
of the following minimum requirements:
a.
All massage tables, bathtubs, shower stalls, steam or bath areas
and floors shall have surfaces which may be readily disinfected, shall
be maintained in a sanitary condition and shall be cleaned and disinfected
regularly.
b.
Adequate bathing, dressing and locker facilities shall be provided
for the patrons to be served at any given time. In the event that
male and female patrons are to be served simultaneously, separate
bathing, dressing, locker and massage room facilities shall be provided.
c.
The premises shall have adequate equipment for disinfecting and sterilizing
nondisposable instruments and materials used in administering massages.
Such nondisposable instruments and materials shall be disinfected
after use on each patron.
d.
Adequate hand washing facilities shall be provided at convenient
location as necessary to maintain clean hands and arms of all employees
during hours of operation.
[Ord. 8/26/03]
a.
To be eligible for a permit as a massage, bodywork and somatic therapist,
an applicant shall submit satisfactory evidence of:
b.
For up to one year (365 days) after the date procedures are established
by this section for applying for permit to conduct massage, bodywork
and/or somatic therapy in the Borough of Victory Gardens, any person
who has been engaged in the full-time practice of massage, bodywork
and somatic therapy for two years preceding the enactment of this
section, or any person who has been engaged in the part-time practice
of massage, bodywork or somatic therapy for five years preceding the
enactment of this section, or any person who has successfully completed
1,000 hours in the practice of massage, bodywork or somatic therapy
under the supervision of a certified therapist as defined in this
section and with the completion of a minimum of 200 hours of education
or training in massage preceding the enactment of this section, may
acquire a permit to practice without satisfying the requirements in
paragraphs a.,1 and a.,2 of this subsection. One year after the enactment
of this section, any person wishing to be permitted as a massage,
bodywork and somatic therapist in the Borough of Victory Gardens must
fulfill the requirements in paragraphs a.,1 and a.,2 above.
c.
The following information concerning the application will also be
required:
1.
The name, complete residence address and residence telephone number.
2.
The previous addresses within the last five years prior to the present
address of the applicant.
3.
Written proof of age.
4.
Height, weight, sex and color of hair and eyes.
5.
Two front-face portrait photographs taken within 30 days of the date
of the application and at least two by two inches in size.
6.
The massage therapy or similar business history and experience, including,
but not limited to, whether or not such a person has previously operated
in this or another City or State under a license or permit which was
denied, revoked or suspended and the reason thereof and the business
activities or occupations subsequent to such action or denial, suspension
or revocation.
7.
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted and the offense
for which convicted and circumstances thereof. The applicant shall
execute a waiver and consent to allow a fingerprint and criminal background
check by the New Jersey State Police.
8.
The names and addresses of three adult residents of the County who
will serve as character references. These references must be persons
other than relatives and business associates.
[Ord. 8/26/03]
The applicant for a massage, bodywork and somatic therapist's
license shall pay the entire annual permit fee of $125, which permit
fee shall become due on the first day of January each year.
[Ord. 8/26/03]
a.
With the exception of massage, bodywork and somatic therapists who
are certified pursuant to P.L. 1999 c.19, all applicants seeking a
permit under this section shall be fingerprinted by the New Jersey
State Police. The applicant shall pay whatever fee is established
by the New Jersey State Police for the fingerprinting.
b.
When the application is properly filled out, signed by the applicant
and has been filed with the Borough Clerk with all accompanying information,
the application shall be referred by the Clerk to the New Jersey State
Police. The State Police or their designee shall investigate the information
available as to the good moral character of the applicant, and approve
or disapprove the application within 90 days. Reasons for disapproval
shall be set forth in writing on the reverse side of the application.
The application shall be returned to the Municipal Clerk who will
either issue the permit or notify the applicant of a denial.
[Ord. 8/26/03]
a.
Permits issued under this section may be revoked by the Health Officer
after notice and a hearing for any of the following causes.
1.
Fraud, misrepresentation or false statements in the application for
the permit.
2.
Fraud, misrepresentation or false statement in the course of carrying
on the permitted business in the Borough.
3.
Any violation of this section.
4.
Conviction of a crime involving moral turpitude, a felony, an offense
involving sexual misconduct, keeping or residing in a house of prostitution
and any crime involving dishonesty.
5.
Conducting the permitted business in the Borough in an unlawful manner
or in such a manner as to constitute a menace to the health, safety
or general welfare of the public.
b.
Notice of the hearing for the revocation of a permit shall be given
in writing, setting forth specifically the grounds of the complaint
and the time and place of the hearing. Such notice shall be given
personally or mailed to the permittee in his/her last known address
at least five days prior to the date set for the hearing.
c.
Pending revocation proceedings, such permit may be suspended for
not more than 10 days by the Health Officer if, in his/her opinion,
the conduct of the permittee is detrimental to the health, safety
and general welfare of the residents of the Borough of Victory Gardens.
d.
The Health Officer shall serve as hearing officer for any hearing
pursuant to this subsection.
[Ord. 8/26/03]
The massage, bodywork and somatic therapy establishment shall
display its permit as well as the certification of each and every
massage, bodywork and somatic therapist employed in the establishment
in an open and conspicuous place on the premises of the establishment.
[Ord. 8/26/03]
Every massage, bodywork and somatic therapy establishment shall
comply with the following:
a.
Every portion of the massage, bodywork and somatic therapy establishment
including appliances and apparatus, shall be kept clean and operated
in a sanitary condition.
b.
Price rates for all services shall be prominently posted in the reception
areas in a location available to all prospective customers.
c.
All employees, including massage, bodywork and somatic therapists,
shall be clean and wear clean, non-transparent outer garments. Dressing
rooms must be available on the premises. Doors to such dressing rooms
shall open inward and shall be self-closing.
d.
All massage, bodywork and somatic therapy establishments shall be
provided with clean laundered sheets and towels in sufficient quantity
which shall be laundered after each use thereof and stored in a sanitary
manner.
e.
The sexual or genital area of patrons must be covered by towels,
cloths or undergarments when in the presence of an employee or massage,
bodywork or somatic therapist.
f.
It shall be unlawful for any person knowingly in a massage, bodywork
and somatic therapy establishment to place his or her hand upon or
touch with any part of his or her body, to fondle in any manner or
to massage a sexual or genital area of any other person. No massage,
bodywork and somatic therapist, employee or operator shall perform
or offer to perform any act which would require the touching of the
patron's sexual or genital area.
g.
All walls, floors, pools, showers, bathtubs, steam rooms and all
other physical facilities and surfaces shall be in good repair and
maintained in a clean and sanitary condition. Wet and dry heat rooms,
steam or vapor rooms or steam or vapor cabinets and shower compartments
and toilet rooms shall be thoroughly cleaned each day the business
is in operation. Bathtubs and showers shall be thoroughly cleaned
after each use. When carpeting is used on the floors, it shall be
kept dry, clean and sanitary.
h.
Oils, creams, lotions and other preparations used in administering
massage, bodywork and somatic therapies shall be kept in clean, closed
containers or cabinets.
i.
Animals, except for seeing eye dogs, shall not be permitted in the
massage work area.
j.
Each massage, bodywork and somatic therapist shall wash his or her
hands in hot, running water, using a proper soap or disinfectant,
before administering a massage, bodywork or somatic therapy to a patron.
[Ord. 8/26/03]
The Department of Health, New Jersey State Police or the Building
Department shall, from time to time, at least twice a year, make an
inspection of each massage, bodywork and somatic therapy establishment
which has been granted a permit under the provision of this section
for the purpose of determining whether the establishment is in compliance
with the provisions of this section. Such inspections shall be made
at reasonable times and in a reasonable manner. It shall be unlawful
for any permittee to fail to allow such inspection officer access
to the premises or to hinder such officer in any manner.
[Ord. 8/26/03]
No part of any quarters of any massage, bodywork and somatic
therapy establishment shall be used for or connected with any bedroom
or sleeping quarters nor shall any person sleep in such massage, bodywork
and somatic therapy treatment or bath. This provisions shall not preclude
the location of massage, bodywork and somatic therapy establishment
in separate quarters of building housing a hotel or other separate
business or club.
[Ord. 8/26/03]
a.
No owner or manager of a massage, bodywork and somatic therapy establishment
shall tolerate in his or her establishment any activity or behavior
prohibited by the laws of the State of New Jersey, particularly, but
not limited to, laws proscribing prostitution, indecency and obscenity,
including the sale, uttering or exposing and public communication
of obscene material; laws which relate to the commission of sodomy,
adultery, and proscribing fornication, nor shall any owner or manager
tolerate in his or her establishment any activity or behavior which
violates this section.
b.
Any conviction of any employee of a massage, bodywork and somatic
therapy establishment of a violation of the aforementioned statutes
and codes shall devolve upon the owner or manager of such establishment,
it being specifically declared that following such conviction of an
employee, the owner or manager of the establishment shall be prosecuted
as an accessory to such violation and the permits which have been
issued shall be automatically revoked.
[Ord. 8/26/03]
The provisions of this section shall not apply to massage, bodywork
or somatic therapies given:
a.
In the office of licensed physician, chiropractor or physical therapist;
or
b.
By a regularly established medical center, hospital or sanatorium
having a staff which includes licensed physicians, chiropractors and/or
physical therapists; or
c.
By any licensed physician, chiropractor or physical therapist in
the residence of his or her patient; or
d.
By a licensed barber or cosmetologist/hairstylist limited to the
area of the face, neck, scalp or upper part of the body as set forth
in the Cosmetology and Hairstyling Act of 1984, N.J.S.A. 46:6B-1 et
seq.
[Ord. 8/26/03; New]
[Ord. 8/26/03]
a.
Name and address of corporation or partnership making application.
b.
Name and address of each individual, firm, corporation, or partnership
owning 10% or more of the stock of the applicant corporation, or 10%
or more of the interest in the applicant partnership, whichever the
case may be.
c.
If a corporation or partnership owners 10% or more of the stock of
the applicant corporation or 10% or greater interest in the applicant
partnership subject to the requirement hereof, set forth the names
and addresses of its stockholders holding 10% or more of its stock
or 10% or greater interest in the partnership as the case may be,
and such disclosure as required herein shall be followed by every
corporate stockholder or partner in a partnership until the names
and addresses of the noncorporate stockholder and individual partners
exceeding the 10% ownership criteria established in the Act have been
listed.
Take notice that any corporation or partnership which conceals
the names of stockholders owning 10% of more of its stock, or of the
individual partners owning a 10% or greater interest in the partnership
as the case may be, shall be subject to the revocation of a permit
to operate.
I certify that the foregoing statements made by me are true.
I understand that if any of the foregoing statements made by me are
willingly false, I am subject to punishment. I certify that I am duly
authorized to act on behalf of the applicant corporation or partnership
whichever the case may be.
Sworn and subscribed to before this _____ day of __________
200_____.
[Ord. 6/24/03 § 1]
It shall be unlawful for any person or corporate body to conduct
a retail food establishment as defined by the laws and Administrative
Code of the State of New Jersey without having procured a license
from the Borough Clerk.
[Ord. 6/24/03 § 2]
The fees for licensing retail food establishments are established
as follows:
a.
Retail food establishments other than retail eating or drinking establishments
or other places where food is served shall be $75 annually.
b.
Retail eating, drinking or other establishments where food and/or
drinks are served shall be $100 annually.
c.
Mobile food stands and mobile vendors shall be $50 annually.
[Ord. 6/24/03 § 3]
a.
Every license issued or approved under the provisions of this section
shall expire on December 31st annually. Applications for renewal shall
be submitted together with the requisite fee at least 20 days and
not more than 45 days prior to January 1 of each year.
b.
No retail food establishment or stand or vendor shall be permitted
to operate after December 31st unless it has been issued a valid license.
[Ord. 6/24/03 § 4]
a.
Any license issued under this section may be suspended or revoked
or a fine may be levied, not to exceed $100 for the first offense,
$300 for the second offense and $500 for each offense thereafter,
by the Board of Health authorized to operate within this Borough for
any violation of any provision of this section or the Administrative
Code of New Jersey or the laws of New Jersey or whenever it shall
appear that the business, trade, calling, profession or occupation
of the person, firm or corporation to whom such license was issued
is conducted in a disorderly or improper manner or in violation of
any law of the United States, the State of New Jersey, or any ordinance
of this Borough or that the person to whom a license has been issued
is of a character unfit to conduct the same or that the purpose for
which the license has been issued is being abused to the detriment
of the public or is being used for a purpose foreign to that for which
the license was issued.
b.
A license issued under this section shall not be revoked, cancelled
or suspended until a hearing thereon shall be held by the Board of
Health authorized to operate in the Borough. Written notice of the
time and place of such hearing shall be served upon the licensee at
least five days prior to the date of the hearing. Such notice shall
contain a brief statement as to the grounds upon which the Borough
seeks to take the stated action. Notice may be given either by personal
service to the person identified as the licensee or by the United
States Post Office to the address set forth on the application.
c.
At the hearing before the Board of Health or their designee the licensee
shall have an opportunity to answer and thereafter be heard, and upon
due consideration and deliberation by the hearing officer, the complaint
may be dismissed or, if the hearing officer concludes that the charges
have been sustained and substantiated, the hearing officer may recommend
revoking, cancelling or suspending the license held by the licensee,
or levying a fine as set forth above.
d.
If any such license shall have been revoked, neither the holder thereof
nor any person or entity acting for him directly or indirectly, shall
be entitled to another license to carry on the same business within
the Borough unless the application for such license shall be approved
by the Mayor and Council.
e.
In the event action which the licensee believes to be adverse to
his interests is recommended by the hearing officer, then the licensee
shall have the right to an appeal to the assembled Mayor and Council.
Such appeal shall be initiated by filing with the Borough Clerk a
notice of appeal by certified mail, return receipt requested, or by
personal service upon the Borough Clerk. Such notice must be received
by the Borough Clerk no more than three days following the decision
of the hearing officer. Upon receipt of the notice to appeal, which
shall contain the basis of the appeal, the Borough Clerk shall set
a date within 20 days of receipt of the notice of appeal for a hearing
before the assembled Mayor and Council. The Mayor and Council shall
have the right to accept, modify or reject the recommendation of the
hearing officer.
f.
No action shall be taken against the licensee until the period in
which the licensee can appeal the determination of the hearing officer
shall expire.
[Ord. 6/24/03 § 5]
In addition to the penalties above set forth, any person, firm
or corporation who shall violate any of the provisions of the section
shall, upon conviction, be subject to possible imprisonment in the
Morris County Jail for a period not to exceed 90 days and/or be fined
not to exceed $100 for the first offense, $300 for the second offense
and $500 for each offense thereafter.
[Ord. 6/24/03 § 6]
Anything less than a satisfactory inspection shall be deemed
a violation of the provisions of this section and shall subject the
person, firm or corporation to the penalties set forth herein.
[Added 8-17-2021 by Ord.
No. 8-17-21]
The regulations of this section are subject to the enabling
authority of the State of New Jersey and are subject to compliance
with statutes and/or regulations adopted by the State of New Jersey
or its instrumentalities, including the Cannabis Regulatory Commission.
If any provision of this section is inconsistent with State statutes
and/or regulations, the State statutes and/or regulations shall prevail.
[Added 8-17-2021 by Ord.
No. 8-17-21]
For locations at which cannabis items and related supplies
are sold to consumers. The retailer is prohibited from selling any
item or items sold in any other establishment within the Borough.
For businesses providing courier services for consumer purchases
that are fulfilled by a licensed cannabis retailer licensed by the
Borough in order to make deliveries of the purchased items to a consumer,
and which service would include the ability of a consumer to make
a purchase directly through the cannabis delivery service which would
be presented by the delivery service for delivery which would be presented
by the delivery service for fulfillment by a retailer and then delivered
to a customer.
[Added 8-17-2021 by Ord.
No. 8-17-21]
a.
Local Licensing Authority.
1.
The Borough Council is hereby designated to act as the local licensing
authority for the Borough for all cannabis establishments. Under all
circumstances in which State Law requires communication to the Borough
by the Cannabis Regulatory Commission or any other State agency with
regard to the licensing of cannabis establishments by the State, or
in which State law requires any review or approval by the Borough
of any action taken by the State licensing authority, the exclusive
authority for receiving such communications and granting such approvals
shall be exercised by the Borough Council.
2.
Under no circumstances shall a local license for a cannabis establishment
be issued by the Borough Council until or unless the State has issued
the requisite permits or licenses to operate such a facility.
c.
Maximum Number of Licenses. The Borough may issue a maximum of one
Class 5 license, one Class 6 license. Licensure in all classes may
be, but are not required to be, held by the same entity or individual,
but an entity may not hold more than one cannabis retailer license.
Any license conditionally issued by the Borough is contingent upon
the locally licensed entity's or individual's subsequent
recipient of a State permit or license of the same class or type of
regulated cannabis activity.
d.
Application. Applicant for a license shall provide the Borough Clerk
with a duplicate copy of the application filed with the appropriate
State instrumentality.
3.
Notwithstanding the foregoing competitive application process, a
notification of award and conditional municipal license shall entitle
the recipient applicant to pursue a State permit or license in the
appropriate classification for up to 12 months, which may be extended
in the Borough Council's discretion for an additional six months
for good cause. No license to operate shall be issued until the applicant
has received a State permit and satisfied other prerequisites of municipal
licensure. If the recipient of a notice of award and conditional license
has not received a State permit or license within 12 months from issuance,
unless extended for good cause, the Borough Council shall issue a
new request for applications and evaluate all applicants for licensure
under the above criteria.
4.
The applicant and the application shall otherwise comply with any,
and all qualification standards set forth in the State and Municipal
laws, ordinances and regulations.
5.
In the event there are multiple applicants for a license, the Borough
Council shall evaluate all applicants and issue a notification of
award after consideration and evaluation of the following criteria:
(a)
Provided the applications that are submitted and are equally
qualified, then in that event the earliest submitted application shall
be awarded. In the event they are simultaneously submitted, then in
that event, the award shall be alphabetically made.
e.
Term of license and license renewals.
1.
Any local license issued pursuant to this section shall be valid
for a period of five years from the date of issuance and shall be
renewed in accordance with the provisions of this section.
2.
The Borough Council may, at their discretion, adjust the renewal
date of the local license to correlate with an applicant's State
licensing and renewal schedule.
3.
Renewal of any license shall be governed by any code amendments,
additional restrictions or changes in regulations adopted since the
previous license was issued or renewed.
4.
Transfer of ownership of any local license or change of location
of any license or modification to expand a licensed premise shall
be subject to Borough Planning review and zoning approval.
5.
Except where the Borough Council has received a complete renewal
application along with the requisite fees, and has issued a license
renewal, it shall be unlawful for any person to manufacture, sell,
distribute, transfer, transport, or otherwise remove cannabis or cannabis
products from the premises of any license after the expiration date
recorded on the face of the license.
[Added 8-17-2021 by Ord.
No. 8-17-21]
a.
Any license issued under this section may be revoked, suspended or
fined for violation of any of the provisions of this section or any
provision of any applicable statute or any of the rules and regulations
of the Cannabis Regulatory Commission.
b.
Notice of a hearing for the suspension, revocation or monetary fines
for violation(s) of a license shall specifically set forth the grounds
upon which the proposed action is based and the time and place of
the hearing. It shall be served by a mailing of a copy to the licensee
at his or her last known address and location of the license by certified
mail, return receipt requested and by regular mail, at least five
days prior to the date set for the hearing.
c.
The hearing shall be held before the Mayor and Council and any action
shall be determined by a majority vote, with the Mayor having a vote.
d.
At the hearing, the licensee shall have the right to appear and be
heard, to be represented by an attorney, licensed by the Supreme Court
of New Jersey, to present witnesses in his or her behalf, to cross-examine
opposing witnesses and to have a permanent record made of the proceedings
at his or her own expense. The Council, with the Mayor having a vote,
shall take such action as it deems appropriate if they are satisfied
by a preponderance of the evidence that the licensee is guilty of
the acts charged.
e.
Any person violating any provision of this section shall, upon conviction
be subject to fines of no more than $2,500 for the first offense,
no more than $5,000 for the second offense and no more than $10,000
for the third and additional offenses. The funds collected by the
Borough for offenses of this section shall be paid into the general
accounts of the Borough.
f.
Any action taken by the Council, with the Mayor, for the purposes
of this section, Mayor having a vote, shall be in addition to any
other penalty which may be imposed for a violation of this section.
g.
Inactive Licenses. Following the commencement of retail sales of
cannabis or cannabis products, may suspend or revoke any license if
the licensed premises have been inactive or unoccupied by the licensee
for at least six months.
h.
State License. The Borough Council, with the Mayor, for the purposes
of this section, Administrator shall suspend or revoke any license
if the corresponding State license or permit for the subject location
is expired, surrendered, suspended, or revoked.
