[Ord. No. 68-10; Ord. No. 82-17]
The operation of all automatic amusement games of the type commonly
known and designated as bagatelle, baseball, pin amusement games,
video games, or similar machines or devices, operated, maintained
or used in any public or quasi-public place or in any building, store
or other place wherein the public is invited, or wherein the public
may enter, and particularly, but not by way of limitation, all coin-operated
automatic amusement devices, of the type commonly known as bagatelle
games, baseball games, pin amusement games, video games, or similar
machines or devices operated, maintained or used as aforesaid, may
be licensed at the discretion of the Township council considering
the good and welfare of the Township, and shall not be placed, operated,
maintained or used within the municipal limits of the Township without
first having obtained a license for that purpose; provided, however,
that no license shall be issued to any person who shall have been
convicted of crime, or a violation of any Township ordinance involving
gambling, and provided further that if a license has been issued and
the person to whom it has been issued shall thereafter be convicted
of crime, or a violation of any Township ordinance involving gambling,
the license shall immediately be revoked by the Township council.
As used in this section:
a.
PERSON — Shall mean any individual, firm, member of firm, partnership,
member of partnership, corporation, or any officer, director or stockholder
of said corporation.
The license for the placing, operation, maintenance or use of
such amusement devices or machines mentioned aforesaid shall be issued
to and in the name of the proprietor of the premises where the machine
is to be installed, and shall be issued for one year from July 1 of
the year of such issuance, and the fee for the issuance of a license
shall be $200 per machine for each of the first five machines and
$20 per machine for all machines in excess of five, for the said period
of one year. If the machines are owned or leased and operated by a
corporation, association or organization which is operated for benevolent,
charitable, fraternal, social, religious, recreational, athletic,
or similar purposes, and not for private gain, the above licensing
fees shall not apply, but rather the licensing fee shall be $10 per
machine for the said period of one year.
The application for license to operate such machine or machines
shall be filed on a form to be furnished by the Township council,
which form shall show the name of the applicant, post office address,
the number of machines to be operated, whether or not the "person"
making the application has ever been convicted of crime, or a violation
of any Township ordinance involving gambling, and such other information
as the Township council shall deem necessary or proper, and the fee
for the license shall be payable with the filing of the application,
and if the application is rejected the fee is to be returned to the
applicant.
No device or machine as specified in this section shall be placed,
operated, maintained, or used, until the license issued by the Township
council shall be displayed in a conspicuous place in the room where
such machine or machines are to be operated. This license shall on
its face disclose the name and post office address of the licensee,
and shall state how many machines or devices the licensee is permitted
to operate.
Upon application to the Township council they may in their discretion
transfer a license from one premises to another.
No more than five machines or devices or any type or types shall
be permitted to be used or operated in any one place, location or
premises.
This section is enacted for the purpose of the regulation and
control of automatic amusement games, of the type commonly known and
designated as bagatelle, baseball or pin amusement games, or similar
machines or devices.
[Ord. No. 89-22]
In the General Election of 1959, the voters of the State of
New Jersey approved the Amusement Games Licensing Law establishing
as restrictions upon licensing in terms of location that the municipality
had to vote in favor of the aforementioned referendum and that the
premises to be licensed are situated at a recognized amusement park
or a seashore or other resort but only in that part within the customary
understanding of those terms in the community. The aforementioned
mandate has continued with enforcement by the New Jersey Bureau of
Amusement Games Control. The voters of the Township of Scotch Plains
did vote in favor of said referendum. The Amusement Games Licensing
Law requires the enactment of an ordinance by the municipal governing
body declaring that a recognized amusement park exists in the municipality
according to the customary understanding of such terms in the municipality
prior to the issuance of a license. An amusement park, Bowcraft Amusement
Park, Inc. is within the geographical confines of the Township of
Scotch Plains.
It is ordained by the Township Council of the Township of Scotch
Plains, County of Union, State of New Jersey, that a recognized amusement
park, Bowcraft Amusement Park Inc., exists in the Township of Scotch
Plains.
It shall be unlawful for any person, firm or corporation to
operate or own any amusement game or games as said terms are defined
by the Amusement Games Licensing Law, whether said game or games are
of skill or chance or both and whether said game or games are played
and operated with or without numbers or figures, without first having
obtained a license from the Township council of the Township of Scotch
Plains. Said license shall be issued pursuant to and subject to the
provisions of the Amusement Games Licensing Law.
Each applicant for a license shall file with the municipal Clerk
and the Police Chief a written application in such form as prescribed
by and in accordance with the Amusement Games Licensing Law. Each
application for license shall be submitted in duplicate form prescribed
by the Commissioner of amusement games control.
The fee schedule for the licenses of game under each certification,
as provided for pursuant to N.J.A.C. 13:3-7.9, shall be as follows:
The Township expressly reserves the right to license amusement
games other than the ones described herein and to establish fees therefor
for use in the area designated in accordance with the requirements
set forth in this section. The games hereinafter licensed shall be
incorporated herein by reference thereto.
The Township council of the Township of Scotch Plains shall
have and exercise control and supervision over all amusement games
held or operated conducted under a Township license with all the powers
authorized or granted to the Township under the Amusement Games Licensing
Law and all amendments and supplements thereto and the rules and regulations
of the New Jersey Amusement Games Control Commissioner.
No license shall be issued except to persons of good moral character
approved by the Mayor and council.
Subject to the provisions of the Amusement Games Licensing Law
of New Jersey, one license may be issued for each location where amusement
games or devices are to be employed.
Each applicant shall pay a fee of $10 for fingerprinting and
issuance of identification cards when required under rules and regulations
promulgated by the Amusement Games Control Commissioner for each licensee
and employee of said licensee.
The amusement games and devices shall be kept and placed in
plain view of any person or persons who may frequent and be in any
place or place of business where such devices or games are used and
licensed.
Nothing in this section shall be construed to authorize or license
any gambling device or game not specifically permitted by the laws
of New Jersey.
The Chief of Police of the Township may inspect or cause to
be inspected any place or building in which amusement games or devices
are operating.
No gambling between participants in any amusement games or the
users of any amusement devices shall be permitted at any time.
In the event that any licensee shall violate any of the provisions
of this section or the Amusement Games Licensing Law or the rules
and regulations promulgated by the Commissioner or the terms of such
license, in addition to suffering any other penalties which may be
imposed, said licensee shall forfeit any license issued to said licensee
under this section.
Any person, firm or corporation, violating any of the provisions
of this section shall be subject by the municipal court to a penalty
not to exceed $1,000 or imprisonment not to exceed 90 days, or both,
and the same shall be in addition to the powers of suspension or revocation
of any such license as provided for herein by the governing body.
[Ord. No. 68-10]
All mechanical machines for the production of music, including
victrolas, orchestrelles, player pianos, music vending machines and
other such instruments, whether electrically operated or not, operated,
maintained or used in any public or quasi-public place or in any building,
store or other place wherein the public is invited, or wherein the
public may enter, and particularly, but not by way of limitation,
all coin-operated music vending machines, victrolas, orchestrelles,
player pianos operated, maintained or used as aforesaid, shall be
licensed by the Township council before the same shall be placed,
operated, maintained or used within the municipal limits of the Township.
The fee for each mechanical machine for the production of music,
victrola, orchestrelle, player piano or music vending machine, as
heretofore described, shall be $5 for the fiscal year.
Every applicant for a license shall fill out a form to be furnished
by the Township council which form shall show the name of the applicant,
post office address, the number of machines to be operated, whether
or not the person making the application has ever been convicted of
crime, or a violation of any Township ordinance involving gambling
and such other information as the Township council shall deem necessary
or proper, and, he fee for the license shall be payable with the filing
of the application, and if the application is rejected, the fee is
to be returned to the applicant.
The license for the placing, operation, maintenance or use for
such amusement devices or machines shall be issued to and in the name
of the proprietor of the premises where the machine is to be installed,
and shall be issued for one year from July 1 of the year of such issuance
.
Upon application to the Township council they may in their discretion
transfer a license from one premises to another.
This section is enacted for the purpose of the regulation and
control of automatic music vending machines hereinbefore mentioned.
[Ord. No. 73-11; Ord. No. 81-8; Ord. No.
96-35]
The purpose of this section is to provide standards and regulations
for various types of intrusion, burglar, fire and other emergency
alarm devices and equipment, whether they operate by producing a visual
or audible signal, and whether by direct line, radio, telephone or
other means of actuating a device requiring response thereto by the
police department, fire department or other municipal agency .
The provisions of this section shall apply to alarm businesses and to any person who operates, maintains or owns any alarm device, dial alarm, or local alarm designed to produce a visual or audible signal of an emergency, or designed to summon the police, fire department or any municipal agency to any location in response to any type of alarm signal. The terms of this section shall in no way prohibit alarm companies from providing service by private source to other offices within or without the Township so long as such activity is not connected to the alarm console, except, however, that any person having a premises protected by such an alarm device shall still be responsible for the registration thereof in accordance with subsections 4-3.6 and 4-3.8, without fee .
As used in this section:
a.
ALARM CONSOLE — Shall mean the console or control panel of
devices giving a visual or audio response or both and located within
the confines of the Township police department.
b.
ALARM DEVICE — Shall mean any type of alarm system actuating
equipment in the alarm console providing warning of intrusion, fire,
smoke, flood or other peril.
c.
DIAL ALARM — Shall mean that type of device using telephone
lines transmitting an alarm directly through the police switchboard
.
d.
ALARM INSTALLATION — Shall mean any alarm device or combination
of devices installed for one or more buildings at a location other
than the alarm console.
e.
LOCAL ALARM — Shall mean any alarm or device which, when actuated,
produces a signal not connected to the alarm console, such as store
burglar alarms actuating bell devices.
f.
PERMITTEE — Shall mean any person owning an alarm device or
a local alarm within the scope of this section.
g.
LICENSEE — Shall mean the person obtaining the license to maintain
the alarm console as hereinafter set forth.
h.
FALSE ALARM — Shall mean any alarm actuated by inadvertence,
negligence, intentional or unintentional act of someone other than
an intruder, and shall include as well alarms caused by malfunctioning
of the alarm device or other related equipment, but shall not include
alarms created or caused by malfunctioning of the alarm console.
i.
DESIGNATED REPRESENTATIVE — Shall mean and be limited to a
member of the Township police department.
j.
PERSON — Shall mean any natural person or individual, any firm,
partnership, corporation or any business entity.
k.
ALARM SYSTEM — Shall mean equipment, device or an assembly
or equipment and/or devices designated to signal the presence of an
emergency or hazard requiring urgent attention and to which the police
department or other municipal agency may be expected to respond. It
shall include the terms "alarm device," "local alarm," and "dial alarm."
l.
AUDIBLE ALARM — Shall mean any type of alarm device, dial alarm,
alarm installation or local alarm which, when actuated, produces an
audible signal, such as that produced by a ringing bell, from the
alarmed premises.
a.
There is hereby established a police alarm console license which shall be granted upon recommendation of the Police Chief or his agent, as set forth in subsection 4-3.5. Any such licensee shall have exclusive use and control of the alarm console, except for use by the Township police department, and such licensee will be responsible at no cost to the Township for the establishment, construction and installation of the console containing equipment and being of a design approved by the Chief of Police or his agent, and for the care, maintenance and management thereafter of the console: said licensee shall locate the console and relocate the console if necessary under the supervision of the Chief of Police or his agent, at no cost to the Township. For any such license granted hereunder the licensee will assume all liability and agree to indemnify, defend and save harmless the Township of Scotch Plains, its agents and the Township police department for any acts in conjunction with the operation of the police alarm console, and in conjunction therewith he shall furnish annually to the Township Clerk a noncancellable insurance certificate indicating complete liability coverage in an amount no less than:
b.
Any connection to the police alarm console shall be of a type inspected
and approved by an inspector designated for such purpose by the Chief
of Police of the Township, and any person aggrieved by said decision
may appeal said decision in writing within ten days to the Chief of
Police of the Township.
c.
All alarms in operation and connected to the alarm panel board located
in police headquarters as of the date of the adoption of this section
(except dial alarms) shall be connected hereunder to the alarm console
by the licensee, and no connection cost for such transfer shall be
permitted.
d.
The licensee for the police alarm console shall be permitted to charge
subscribers a maximum installation fee of $50 and a maximum monthly
retainer or maintenance fee of $7, except, however, that no fee shall
be charged to the Township of Scotch Plains or the Board of Education
of Scotch Plains-Fanwood for monthly charges or console connection
charges for any existing or future systems in public buildings, and
any equipment or alarm devices installed by the alarm console licensee
in such public buildings shall be at wholesale cost exclusive of labor
charges.
e.
The licensee shall install an annunciator and/or display console
having capacity for 1,000 or more zones available for present systems
and future connections.
f.
Except as provided in subsection 4-3.7, any license issued hereunder shall be for a term of five years from the date of approval by the Township council and such licensee shall post annually with the Township Clerk and prior to the anniversary date of the granting of the license, a performance bond in the amount of $5,000, noncancellable without notification to and approval by the Township council guaranteeing performance for each year of the obligation of the licensee and insuring maintenance of the console and the alarm system during the period when the license is in force. Failure of the licensee to provide the annual bond shall mean automatic revocation of the license.
g.
The licensee, for the privilege of obtaining the license, shall pay
to the Township a minimum annual sum of no less than five percent
of the gross rental earned annually by said licensee from subscribers
connected to the alarm console, which payment shall be made within
30 days of the close of each fiscal year in which the license is in
force; and such licensee, by acceptance of the license, shall be deemed
to have agreed to having the books and accounts of the licensee open
to inspection by the Township auditor or other designated representative
of the Township council to verify the annual account which shall be
submitted by the licensee coincidental with the fee described aforesaid.
The aforesaid payment shall be made to the Chief of Police, and shall
be accompanied by a sworn or certified statement, which sum and a
copy of the sworn or certified statement shall be delivered by the
Chief of Police within 48 hours to the treasurer of the Township.
h.
The licensee's obligation to maintain and operate the alarm console
shall continue until the expiration date of the license, or its earlier
termination, at which time the licensee shall cooperate in the transfer
of the operation to the successor licensee to the end that there shall
be no interruption in the protection of the permittees.
a.
Immediately upon adoption of this ordinance, the Chief of Police
shall issue written specifications covering the alarm console required.
The Township Clerk shall then cause to be published an advertisement
inviting sealed bids for the installation, operation, maintenance
and management of the alarm console in accordance with this ordinance.
The bid shall specify the percentage of gross rental earned to be
paid to the Township and the installation and monthly charges to subscribers,
in amounts within the parameters of this ordinance. Upon the return
of the sealed bids, the Township council may award the license to
the person whose bid, taken as a whole, is the most advantageous to
both the subscribers to the system and to the Township of Scotch Plains
from a cost and revenue standpoint, and, in conjunction therewith,
the Township council reserves the right to reject any and all bids
a.
No person shall install, operate or maintain any alarm system unless
the system has been registered and approved by the Chief of Police
. The alarm system shall be deemed registered at such time as the
permit is issued. Any person who owns or operates an alarm device
or system, no matter what type, shall make application for a continuance
or installation thereof, in writing to the Chief of Police, which
application shall include, among other date: the name, type, and location
of the device; the name, address and 24 hour telephone number of the
alarm installer or person responsible for its maintenance; a list
of persons to be contacted in the event of an alarm; the person responsible
to remit any fees or fines assessed under this ordinance; and all
other information as may be required by the Chief of Police.
b.
Local alarms shall be deemed registered when the occupant or owner
of the building in which the alarm is installed shall have filed a
registration form with the Chief of Police and he has approved such
registration, but no fee shall be charged therefore. A dial alarm
system shall be deemed registered when it has been approved by the
Chief of Police and the annual fee has been remitted to the Township.
c.
For alarm devices the permittee shall pay whatever charges are required
by any alarm company making such installation, and in addition thereto
such connection and monthly maintenance charges as hereinabove provided
for to the licensee for the alarm control panel; the permittee shall
also pay to the Chief of Police of the Township an annual fee for
the privilege of connecting to the console in the sum of $12, which
fee shall be payable by January 15th of each year annually so long
as the permit is n force; any permit issued between January 15th and
December 31st shall require the same $12 fee, no portion of which
shall be prorated or refundable. Should any such fee be delinquent
for 30 days, the Chief of Police or his agent shall notify the permittee
in writing that such system has been disconnected from the alarm console.
The aforesaid annual fee shall be transmitted by the Chief of Police
to the treasurer of the Township within 48 hours of the receipt of
same. The Chief of Police shall send out bills each year to each permittee
for the above noted charges.
d.
Any permit granted hereunder shall be accepted upon the express condition
that the permittee shall indemnify and hold the Township of Scotch
Plains harmless from and on account of any and all damages arising
out of the activities of the permittee, its alarm contractor, or the
alarm console licensee of the Township of Scotch Plains.
e.
For dial alarm devices, the owners shall pay to the Township an annual
fee of $12 to cover the cost of registration, testing, and to amortize
the cost of the special phone line or lines required in the Township
municipal building along with ancillary tape devices at the police
desk, necessitated by these systems.
f.
Owners of dial alarm devices shall be governed by the false alarm procedures and penalties set forth in subsection 4-3.8c.
g.
Audible alarms. Any person who owns or operates an audible alarm shall register or obtain a permit for same, as applicable, in accordance with this subsection 4-3.6. All audible alarms shall be equipped with a time relay or battery to limit the sounding of an alarm to 30 minutes or less. As a condition to owning and/or operating an audible alarm, the owner and/or operator shall consent to the Township police department and/or the fire department to enter upon the premises to investigate and to deactivate any such audible alarm in the event a false alarm sounds and continues to sound therefrom for more than 30 minutes. As a further condition to owning and/or operating an audible alarm, the owner and/or operator shall release and indemnify the Township, its officers, agents and employees from any liability or damages which may flow or result from any acts or omissions of the Township, its officers, agents and employees, in any way related to their entry upon a premises for investigation and/or deactivation of an audible alarm as set forth herein and shall provide to the Township a written release in a form approved and provided by the Township to such effect. The penalties for false alarms hereunder shall be those set forth in subsection 4-3.8c.
h.
No further renewed registration will be required unless there has
been a material change in the information submitted with respect to
any alarm system. It shall be the duty of the owner or occupant of
a building served by an alarm system, within ten days of any change
in the registration information, to notify the Chief of Police by
completing a new registration form. Failure to comply with these provisions
will be deemed violation of this ordinance and will subject the violator
to the penalties set forth herein.
The Township shall be under no duty or obligation to any permittee
hereunder or to any alarm console licensee hereunder, the alarm console
and allied equipment being maintained at will and subject to termination
at any time by cancellation of the system by resolution duly adopted
by the Township council, and any individual permit issued hereunder
may be revoked at any time by the council upon recommendation of the
Chief of Police, provided that 30 days notice is given in writing
to the permittee.
a.
Dial alarm.
1.
Dial alarms shall be coded to dial a special separate number, which
number can be obtained from the Chief of Police, and no dial alarm
shall be coded to dial the number of the general police switchboard.
All dial alarms shall also be coded to dial a neighbor, relative or
other third party.
2.
The contents of a dial alarm message must be clear and intelligible
and in the format approved by the Chief of Police. No such message
shall be transmitted more than two times, as a result of a single
stimulus of the mechanism. Messages shall not exceed 15 seconds and
the time gap between shall not exceed ten seconds.
3.
This device must provide an automatic line seizure feature in the
event this line is busy with an incoming or outgoing call.
4.
All dial alarms shall be capable of being disconnected to allow a
call to police headquarters in the event of a false alarm.
5.
The sensory mechanism of dial alarms shall be adjusted so as to suppress
false indications and not be actuated by impulses due to pressure
changes in water pipes, short flashes of light, wind, noises, rattling
or vibrations of doors or windows or other forces unrelated to general
alarms.
6.
Any person having a dial alarm in existence at the time of the passage
of this ordinance shall have 30 days in which to reprogram the equipment
in accordance with this ordinance and to pay the annual fee. "Annual,"
for the purposes of registration, shall be a calendar year. Any person
failing to comply herewith shall be liable to a penalty of $50 payable
to the Township and each day of continuing violation shall constitute
a separate offense.
7.
Upon discovery of any dial alarm dialing the general police number,
the Chief of Police shall send notice, in writing, to the person in
whose name the telephone is listed requiring compliance with this
ordinance. If the owner, occupant or telephone subscriber fails to
comply within 30 days after receipt of such notice, he shall be liable
to a penalty of $50, payable to the Township, and each day of continuing
violation shall constitute a separate offense under this ordinance.
8.
All components of such equipment shall be maintained by the owner
in good repair. Failure to comply with the operational requirements
of this ordinance shall authorize the Chief of Police to demand that
such dial alarm be disconnected until such time as compliance with
the requirement is reestablished. If, upon written notice from the
Chief of Police, the owner of a dial alarm shall fail to disconnect
said alarm within ten days, he shall be liable to a penalty of $50,
payable to the Township, with each day of continuing violation being
considered a separate offense under this ordinance.
b.
Any licensee for the alarm console, any permittee utilizing the services
of any other alarm company, and any such other company shall provide
for a representative to be on call at all times, and such service
shall be provided immediately, when necessary, upon notification by
the police department of any malfunction of any equipment or false
alarm.
c.
In the case of a false alarm, any person having knowledge thereof shall immediately notify the police department in the manner to be prescribed by rules and regulations in accordance with subsection 4-3.9. In addition, in the case of false alarms, the Chief of Police shall cause an investigation to be made and keep a record of said alarms on file. For such false alarms, the council prescribes the following penalties:
For the first and second false alarm in any given calendar year,
a warning shall be issued;
For the third false alarm in the same calendar year, a fine
of $15 shall be paid to the Township of Scotch Plains;
For the fourth and subsequent false alarms, a fine of $25 shall
be paid to the Township of Scotch Plains.
Penalty fees shall be payable to the Township within 30 days
of receipt of written notice of third, fourth or subsequent false
alarms. Failure to remit the required penalty fees will result in
the disconnection of the alarm system from the alarm console at police
headquarters, after written notice to the permittee.
Where the investigation of the police department discloses continued
abuse of the privilege of connection to the alarm console, and a disregard
by the permittee of taking remedial steps to avoid false alarms, or
failure to make proper repairs or comply with this ordinance after
previous written notice has been served by the Chief of Police requesting
said repairs or compliance, the Chief of Police may require disconnection
from the alarm console for a limited or permanent time, ten days after
written notice has been served on the alarm owner. If, within the
ten day period, the alarm owner furnishes sufficient proof, as may
be required by the Chief of Police, that the alarm system has been
repaired and the violations corrected and/or remedial steps have been
taken, the Chief of Police may rescind the revocation order.
d.
Any unauthorized equipment may be disconnected by the Chief of Police
or his designated representative for noncompliance with this section,
and any person installing or maintaining unauthorized equipment shall
be prosecuted for violation of this section, and each and every day
said equipment is in operation shall be considered a separate violation.
Any permittee shall, by acceptance of the permit, be deemed as having
consented to inspection of the premises on which said alarm devices
are installed at reasonable hours by the Chief of Police or his designated
representative.
e.
(Reserved)
f.
Any person testing an alarm system covered by the provisions of this
ordinance shall notify police headquarters immediately prior to and
after the testing is completed. Failure to make the required notification
shall subject the owner to penalties under the false alarm provisions
above.
g.
An alarm owner/user may request a hearing by the Chief of Police,
by serving a request therefor upon the Township Clerk within five
days of service of a notice of violation upon him. Such request shall
set forth briefly the grounds or reasons on which the request for
a hearing is based and the factual matters contained in the notice
of violation which are to be disputed at the hearing. The Township
Clerk shall immediately notify the Chief of Police upon receipt of
the request and the chief shall set a hearing date, within 30 days
from receipt of the request, upon five days notice to the alarm owner/user.
The Chief of Police will issue his decision within 30 days of the
hearing.
The Chief of Police may promulgate written rules and regulations
supplementing this section in order to provide for record keeping
and efficient management of said system; provided, however, that the
Township council shall first approve said rules or any changes thereto
by appropriate resolution.
Any person found guilty of a violation of this ordinance shall
be subject to a fine of not more than $50 or imprisonment for not
more than 30 days, or both, in addition to any other penalties which
may be imposable under any other section hereof.
If any article, section or subsection of this ordinance shall
be found unconstitutional or invalid, such provisions shall be deemed
severable.
[Ord. No. 21-2010]
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 68-10 and 11-05.
Soliciting and peddling within the Township of Scotch Plains
shall be unlawful without first obtaining a license therefor as provided
in this section. Transient merchants must also be licensed pursuant
to the provisions of this section as well as N.J.S.A. 45:24-1 et seq.
The Township Clerk shall issue all licenses pursuant to the provisions
of this section.
The purpose of this section is to prevent fraud, crime and unethical
and dishonest business practices. The fees to be charged for the issuance
of licenses are not to be considered as revenue but are charged for
the purpose of covering the expense of investigation and regulating
the conduct of the licenses.
As used in this section:
Shall mean the circulation of a petition or the seeking of
contributions for a cause, charitable or otherwise, or the practice
of distributing literature, pamphlets, handbills and the like for
the purpose of distributing information or seeking support for any
legal purpose, from a stationary location on a street or other public
place, or by going from house to house, place to place or street to
street.
Shall mean the Chief of Police of the Township of Scotch
Plains.
Shall mean a person who sells or collects goods or services
the proceeds of which are devoted exclusively to the purpose of the
philanthropic charitable or religious society on whose behalf he/she
acts as agent.
Shall mean a person or persons engaged in peddling and may
also be referred to as "hawkers" or "hucksters."
Shall mean the practice of selling services or carrying goods,
wares or merchandise, for the purpose of selling and delivering to
consumers, either from traveling by foot, automotive vehicle or any
other form of travel, from house to house, place to place or street
to street.
Shall mean any individual, firm, partnership, corporation,
voluntary association, church, religious denomination, society, organization,
political association, incorporated association or agent thereof.
Shall mean a transient merchant, whether an individual, corporation
or other business entity that travels to different location offering
to buy or sell items from or to the public at or from temporary locations
for short periods of time. They are typically advertised events held
at hotels, banquet halls, convention centers, armories and other similar
facilities.
Shall mean taking or attempting to take orders for the sale
or purchase of merchandise or services of any kind, for future performance
or immediate delivery, whether or not the solicitor has, carries or
exposes, for sale, a sample of the merchandise or services, and whether
or not the solicitor is collecting advance payments for such sales
or orders, whether any of the foregoing activities are conducted from
a stationary location on any street or other public place, or from
traveling by foot, automotive vehicle or any other type of travel,
from house to house, place to place or street to street.
Shall mean a person engaged in soliciting.
Shall mean and include persons, commonly referred to as either
"transient merchants" or "itinerant vendors," who engage in a merchandising
business, including the sale or purchase of goods and merchandise,
in the Township of Scotch Plains with the intent to close out or discontinue
such business within one year from the date of commencement, including
those who, for the purpose of carrying on such business, hire, lease
or occupy any building, hotel room/banquet facility, lot, structure
or railroad car for the exhibition and sale of such goods, wares and
merchandise, provided that nothing herein shall be construed to affect
the sale of fruit, vegetables and farm products, such as meats, poultry,
butter and eggs.
a.
Any person desiring a license under this section shall file an application
with the Township Clerk on a form supplied by said Clerk.
b.
The application form shall contain the following information:
1.
Name, address and telephone number of applicant. The applicant and
each representative to be licensed must provide a passport, photo
driver's license, or a photo identification card together with a birth
certificate and/or a social security card.
2.
Date(s) on which soliciting or peddling is to commence and end.
3.
The number of representatives of the applicant that will be conducting
such activities.
4.
Nature of goods or merchandise to be sold or offered for sale or
the nature of the services to be furnished.
5.
Whether the applicant, or any of its representatives who will be
soliciting or peddling, has been convicted of a crime, disorderly
persons offense or violation of any ordinance relating to soliciting
or peddling, and if, so, when, where and the nature of the offense.
6.
The names of other municipalities in New Jersey where the applicant
has been issued a permit to solicit or peddle in the past two years.
7.
The names of the municipalities in New Jersey that have denied the
applicant a permit to solicit or peddle along with an explanation
from the applicant as to why application was denied.
8.
The route planned to be taken on neighborhood(s) in which the applicant
plans to visit and the corresponding list of days the applicant will
be soliciting or peddling along that route or in that neighborhood.
9.
If the applicant claims to be a nonprofit entity, proof of such nonprofit
status to be attached.
c.
The application shall be accompanied by a letter or other written
statement from the individual, firm or corporation employing the applicant
certifying that the applicant is authorized to act as the representative
of the individual, firm or corporation.
d.
If the applicant intends to go from house to house or place to place,
the application shall be accompanied with three passport-size photographs
for each person who will be soliciting or peddling for the applicant.
Upon approval of the license, one such photograph shall be affixed
to a badge issued by the Township Clerk; one such photograph shall
be affixed to the license issued; and, one such photograph shall be
retained by the Township Clerk.
When the application is properly filled out, signed by the applicant
and has been filed with the Chief of Police with all accompanying
information, the Chief of Police or designee shall perform a background
check of the applicant and investigate the information available as
to the good moral character of the applicant, and approve or disapprove
the application within 14 days. Reasons for disapproval shall be set
forth on the reverse side of the application. The application shall
thereafter be filed with the Township Clerk's office.
If the applicant is denied a license, the Chief of Police shall
set forth in writing his reasons therefor which statement or reasons
shall be submitted to the applicant. The Chief of Police shall serve
as hearing officer for any appeal pursuant to this subsection.
In addition to the filing of the completed application form
referred to in the preceding section, an applicant for a transient
merchant's license shall also fully comply with all of the provisions
of N.J.S.A. 45:24-1 et seq., as amended and supplemented, before his/her
application shall be considered.
a.
Upon approval by the Chief of Police and upon payment of the required
fees, the Township Clerk shall issue to the applicant a license, which
shall be in the form of a writing bearing the name of the licensee,
the purpose for which the license was issued, the date of expiration
and the signature of the Township Clerk.
b.
Every person licensed pursuant to the provisions of this section
shall carry the license with him/her at all times, while engaged in
his trade or occupation in the Township. Every licensee shall produce
his/her license at the request of any officer of the Township.
c.
To every peddler granted a license or licenses pursuant to this section,
the Township Clerk shall also issue for each automobile, vehicle or
wagon used in peddling, a badge, bearing the words "Licensed Peddler,
Township of Scotch Plains" together with the number of the license
and the year for which it is issued. In addition, each automobile,
wagon, or other vehicle used for such peddling shall have affixed
thereon a copy of the license.
d.
All licenses and badges shall be valid for a period of one calendar
year, and, if issued, shall be nontransferable or assignable to any
person. All licenses and badges must be surrendered after cessation
of use or the end of the calendar year, whichever comes first.
a.
Licenses issued under this section may be revoked by the Chief of
Police, after notice and a hearing, for any of the following causes:
1.
Fraud, misrepresentation or false statement in application for the
license;
2.
Fraud, misrepresentation or false statement in the course of carrying
on the licensed business or solicitation in the Township;
3.
Any violation of this section;
4.
Conviction of a crime involving moral turpitude or of a violation
of any ordinance concerning solicitation, peddling, panhandling or
canvassing. In the case of transient merchants, a conviction of a
crime involving moral turpitude or violation of any of the provisions
of N.J.S.A. 45:24-1 or this section.
5.
Conducting the licensed business or solicitation in the Township
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 revocation of a license 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 licensee at his/her last known address
at least five days prior to the date set for the hearing.
c.
Such license may, pending revocation proceedings, be suspended for
not more than ten days by the Chief of Police if, in his/her opinion,
the conduct of the licensee is detrimental to the health, safety and
welfare of the Township of Scotch Plains.
d.
The Chief of Police shall serve as hearing officer for any hearing
pursuant to this subsection.
Every licensee shall be required to display the badge provided pursuant to subsection 4-4.4d of this subsection, on his/her outside clothing so that it is clearly visible while engaged in the business licensed.
a.
At the time an application is filed, the applicant shall pay a nonrefundable
application fee of $100 for the processing and investigation of said
application. The applicant shall also pay an additional $50 to process
an investigation of each representative, excluding the applicant,
who may be soliciting or peddling under the requested license.
b.
The following fees shall be charged if said application is granted
in addition to application fees:
1.
Transient merchants: Fifty dollars per day up to a maximum of $1,000
per year; provided, however, that any transient merchant securing
a license after July 1 shall pay $500 for the remainder of the year
or $50 per day.
2.
Solicitors and peddlers: One hundred twenty-five dollars per year
for one representative with one automobile, vehicle or wagon. The
applicant shall also pay a fee of $50 for each additional representative.
c.
The following persons are expressly exempt from the payment of any
application and/or license fees but are still required to complete
a Township application:
1.
Non-profitmaking vendors.
2.
Any persons honorably discharged from the military service of the
United States possessing a peddler's license issued pursuant to N.J.S.A.
45:24-9 and 24-10, except such person shall not be exempt if the application
is to obtain a transient merchant's license.
3.
Any person who is an exempt firefighter, rescue squad member or other
individual possessing a license in conformity with N.J.S.A. 45:24-9
and 45:24-10, except a transient merchant's license.
4.
Any person engaged in the delivery of goods, wares or merchandise
or other articles or things, in the regular course of business, to
the premises of persons who had previously ordered the same or were
entitled to receive the same by reason of prior agreement.
5.
Charitable, religious, cultural and historical societies as defined
in and subject to the conditions of N.J.S.A. 45:24-7.
6.
Sports teams and organizations, senior citizen clubs and organizations,
school organizations, and scouting organizations.
7.
Canvassers.
No peddling or soliciting activities shall be conducted before
9:00 a.m. or later than sunset on any day. Canvassing activities may
be conducted between the hours of 9:00 a.m. and 9:00 p.m. on any day.
a.
Peddling, soliciting and canvassing within any roadway is strictly
prohibited. Said activities are permitted on sidewalks and street
corners. Only one group or organization may engage in said activities
at any one intersection on any given day. Reservations for specific
intersections must be made with the Township Clerk. Reflective outerwear
must be worn by all persons engaging in said activities. Persons under
the age of 18 must be accompanied by an adult. There shall be one
adult for every four or less minors.
b.
Peddlers.
1.
Peddlers cannot stop within 1,000 feet of a transient merchant or
another peddler.
2.
Peddlers shall limit the time they remain stationary to 30 minutes
and they must move a minimum distance of 1,000 feet.
3.
Peddlers cannot stop within 1,000 feet of any entrance to a school
building, unless such school is closed.
4.
Peddlers cannot stop within any of the districts designated as Special
Improvement Districts ("SID").
5.
The restrictions upon time and place listed above shall not apply
to peddlers at a Township-sponsored or approved event.
No peddler, panhandler, solicitor or canvasser shall enter onto
any property on which is located a sign or signs stating. "No Solicitors,"
"No Peddlers" or carrying a similar message forbidding the entry of
any person onto the property.
With the exception of subsections 4-4.12, 4-4.13, 4-4.14, 4-4.16 and 4-4.20 herein, this section shall not apply to the following:
b.
Candidates for public office and persons accompanying such candidates;
c.
Any school, political or civic organization, benevolent society,
service club or organization not for profit;
d.
Anyone distributing literature, handbills, pamphlets and the like
from person to person in any public forum such as a public park or
sidewalk, but nothing in this section shall be construed to have any
effect upon enforcement by the police department of traffic laws or
other laws in the event that there is a violation of any such laws.
e.
Fire department, rescue squad, or the police department or related
emergency services of the State of New Jersey.
f.
Charitable, religious and historical societies are exempt from the
requirements for obtaining a transient merchant's license so long
as they comply with the provisions of N.J.S.A. 45:24-7.
All canvassers intending to canvass within the Township of Scotch
Plains shall register with the Township Clerk prior to commencing
any canvassing activities. Such registration shall consist of providing
the Township Clerk with the name of organization that will be canvassing,
the proposed dates for which the organization seeks to canvass and
the route(s) or neighborhood(s) in which the organization intends
to canvass. All nonprofit, religious, and/or political groups canvassing
exclusively door-to-door and not in the streets are exempt from this
registration requirement.
In addition to the revocation or suspension of the license granted
under this section, any person who violates any provision of this
section shall, upon conviction hereof, be punished by a fine not exceeding
$1,000 or by imprisonment for a term not exceeding 90 days or both.
Upon the issuance of a license all panhandlers and solicitors
who intend to conduct their activities from a stationary location
on a street corner or intersection, for from a sidewalk, shall post
a bond, in the form of cash or cash equivalent or surety bond, with
the municipal Clerk, the form and sufficiency of which shall be approved
by the director of law, in an amount not less than $150 for the purpose
of ensuring proper cleanup of the area in which the licensee shall
conduct his or her activities. Said bond shall remain in full force
and effect for the entire duration of the license and shall be released
after an inspection of the licensee's area of operation has been conducted
by the Township at the end of the license term.
a.
No person having obtained a license under this section shall be permitted
to sell confetti such as that under the brand name "Silly String"
or any similar product whereby confetti-type material is dispensed
through the use of an aerosol or nonaerosol spray canister.
b.
No person having obtained a license under this section shall be permitted
to sell toy cigarettes or cigars, edible cigarettes or cigars, including
candy cigarettes and chewing gum cigars.
The Township Clerk shall maintain a "No Knock List," a copy of which shall be provided to all persons or organizations required to register pursuant to subsection 4-4.4, in accordance with the provisions of N.J.S.A. 47:1A-5. The Township Clerk shall charge a fee for a copy of the "No Knock List." All residents of the Township may register their name, address and/or unit/apartment number with the Township Clerk to be placed on the "No Knock List," indicating that they do not want persons so registered to approach their homes and/or seek personal contact with the occupants of the registered home. Once the resident has been approved by the Township Clerk to add their name to the "No Knock List," the resident shall be permitted to post a "No Knock" sign by the front entrance of his or her home to warn the peddlers, solicitors or transient merchants. The "No Knock List" shall be provided by the Township Clerk to the police department for enforcement purposes. It shall be unlawful for any peddler, solicitor or transient merchant to approach or seek personal contact with the occupants therein if the residence is registered on the "No Knock List" or the resident has posted a "No Knock" sign. Registration on the "No Knock List" shall expire five calendar years following the end of the calendar year of registration, unless renewed by notifying the Township Clerk accordingly. Anyone violating this subsection shall be subject to the penalties established by subsection 4-4.17.
[Ord. No. 68-10]
It shall be unlawful for any person to use a loudspeaker or
sound wagon on the public streets or public places within the corporate
limits of the Township without making written application for a permit,
setting forth the name and address of the person who is to operate
said loudspeaker or sound wagon, and present the said application
in person to the Chief of Police, or in his absence, the officer in
charge of police headquarters.
The Chief of Police shall cause an investigation to be made,
and if satisfied that the granting of the permit will not constitute
a nuisance in the Township and that the applicant and object for which
the permit for the use of said loudspeaker or sound wagon is sought
are not inimical to the peace and quiet of the Township, shall endorse
his recommendation on the application and file same with the Township
Clerk, and if the application is approved by the Chief of Police,
upon the payment of the fee hereinafter mentioned to the Township
Clerk, the Township Clerk shall issue a permit to the applicant, which
permit shall specify therein the tone to be used in broadcasting through
the loudspeaker or sound wagon within the corporate limits of the
Township.
The fee for the issuance of the permit shall be the sum of $5,
which permit shall be valid for the day of issue only. The permit
is not transferable.
[Ord. No. 68-10; Ord. No. 91-27; Ord. No.
92-09; Ord. No. 92-17]
No person shall maintain, conduct or operate, or engage in or
carry on the business of maintaining, conducting or operating any
poolroom, billiard room, bowling alley or place in which pool, billiard
or bowling shall be played for gain, hire or reward in the Township
without a license.
A license fee equal to $200 per table or alley for each of the
first five, and $50 per table or alley for any remaining machines
in excess of five. The license fee shall be paid upon the issuance
thereof and such license when granted shall expire on the first day
of January next following the date when such license was issued. The
remaining balance must be paid before June 30th following date of
issuance.
Such license may be issued by the Township Clerk upon the payment
to him of such license fee, but only after special resolution of the
Township council granting the same upon written application by the
person asking therefor setting forth the location and description
of the room or premises in which the business is to be conducted,
the full name and address of each person or corporation interested
therein as owner and the number of pool tables, billiard tables and/or
bowling alleys to be used therein and no license shall be issued or
good to any person or corporation other than the actual proprietor
of the room, place and business licensed, but in case of sale or transfer
of such business, such license may also be transferred, upon consent
thereto by the Township council, upon the payment of a transfer fee
of $5.
Hours for poolroom, billiard room or bowling alley shall be
as follows:
|
Monday through Thursday
|
11:30 a.m. to 1:00 a.m.
|
|
Friday and Saturday
|
11:30 a.m. to 2:00 a.m.
|
|
Sunday
|
12:00 noon to 1:00 a.m.
|
Any license granted hereunder may be revoked by the Township
council upon proof that the poolroom, billiard room or bowling alley
is frequented by boisterous or disorderly persons or that any gambling,
gaming, disorderly conduct or other improper practices are permitted
or carried on therein.
All premises licensed under this section shall have a competent
adult attendant present at all times.
[Ord. No. 68-10]
No person shall, for any price, gain or reward, exhibit or cause
to be exhibited in the Township any traveling or other show, circus,
or menagerie, or give or have or cause to be given or have any theatrical
or variety performance or play, concert, dance, or other entertainment,
or have to make, or cause to be made, any exhibition of whatsoever
nature, or maintain or conduct or cause to be maintained or conducted
any theater, opera house, music hall, dance hall, or other place of
public entertainment, without first obtaining a license therefor,
to be granted by the Township council as herein prescribed; provided,
however, that the provisions of this section shall not apply to a
concert, dance or entertainment given by residents of the Township
for charitable or benevolent purposes or given by students of a school
located in the Township.
No owner, or persons having the possession or care of any house,
building or room or any lot of land within the Township shall suffer
or permit any such traveling or other show, circus or menagerie, theatrical
or variety performance or play, concert, dance or other entertainment,
or any exhibition of whatsoever nature such as are mentioned in the
preceding subsection of this section to be exhibited, acted, shown
forth, performed or given for any price, gain or reward, in or upon
his house, building or room or lot of land, unless the party or parties
so causing such traveling or other show, circus or menagerie, theatrical
or variety performance or play, concert, dance or other entertainment,
or any exhibition of whatsoever nature as aforesaid, shall first obtain
such license in the manner herein prescribed.
The Township council shall have power to grant or withhold such
licenses based on the good and welfare of the Township. The fee for
such license shall be $100. Such license when granted shall be countersigned
by the Township Clerk and shall state the name of the license, the
purpose and period of time for which granted, and shall not be effective
until the license fee has been paid to the Township Clerk.
[Ord. No. 96-07; Ord. No. 27-2006]
a.
Bingo:
$20 for each occasion.
b.
Raffles.
1.
On-premises draw raffle for cash (50/50) or merchandise (exceeding
$400 total prize value): $20 for each day on which a drawing is to
be conducted under license.
2.
On-premises draw raffle for cash (50/50) or merchandise (not exceeding
$400 total prize value): no licensing fee. If raffle should exceed
$400, then submit $20 at the time of filing report of operations.
3.
Off-premises draw raffle awarding merchandise as a prize (for each
$1,000 or part thereof): $20.
4.
Carnival games or wheel: $20 for each game or wheel held on any one
day, or any series of consecutive days not exceeding 6 at one location.
5.
Off-premises cash (50/50 raffle): a $20 fee at application. If more
than $1,000 is awarded prizes, then $20 per $1,000 in awarded prizes
or part thereof.
6.
Special door prize raffle: no fee and no license, provided the merchandise
is wholly donated and has a retail value of less than $50. NOTE: cannot
be conducted when other games of chance are being conducted, held
or operated.
7.
Calendar raffle: $20 (for each $1,000 or part thereof of the retail
value of the prize).
c.
Golf
hole-in-one: $20 for each $1,000 or part thereof of retail value of
ancillary prizes.
d.
Armchair
race: $50 per licensed day of operation.
e.
Casino
nights: $100 per occasion.
Fees for bingo licenses and raffles licenses in categories 1,
2 and 3 above are due in full at the time the application is filed
with the municipality. For raffles licenses in category 4 a $20 fee
is due at the time the application is filed, and if the awarded prize(s)
exceeds $1,000 an additional fee of $20 per $1,000 or part thereof
awarded as a prize is due upon the filing of the Report of Operations.
See N.J.A.C. 13:47-9.1.
[Ord. No. 2011-19]
Any person, partnership, limited liability corporation or corporation
in the full- or part-time business of purchasing precious metals or
jewels in the Township of Scotch Plains must, prior to engaging in
such business, be duly licensed by the Township. The licensing procedure
is to be accomplished as follows.
a.
The business entity shall authorize a representative to complete
a registration application.
b.
The registration application shall be made available to persons wishing
to secure same through the Township Clerk's office.
c.
The registration shall thereafter be filed with the Chief of Police
or his designee.
d.
The registration form shall be executed by that person or persons
who are responsible for the day-to-day operation of the business.
Where a corporation is involved, the President of the corporation
shall sign same, and, where partnerships are involved, the managing
partner shall sign same.
e.
The registration form shall contain the following information:
1.
The names and current addresses and telephone numbers of all principals
of the business. If the business is a corporation, then the information
shall include the names and current addresses and telephone numbers
of all stockholders. If the business is a limited liability corporation,
then the information shall include the names and current addresses
and telephone numbers of all members.
2.
The place or places where the business entity shall operate from,
as well as a listing of the hours when the entity proposes to conduct
business.
3.
The names and addresses of three business references.
4.
A statement by the applicant that no principal of the business entity
has any arrests or convictions of any crimes. In cases of a corporation,
the certification shall apply to all stockholders. In cases of a limited
liability corporation, the certification shall apply to all members.
If there is an arrest or conviction record, same must be disclosed.
5.
A list of business and home addresses of all principals of the business
for the past five years.
6.
The registration must also include a photograph of the person who
will manage the day-to-day operation of the business, and that individual
must also agree to be fingerprinted by the division of police.
[This section 4-9 was adopted December 20, 2011 by Ordinance No. 2011-19.]
As to those business entities which are governed by this section
and who are already doing business in the Township prior to the effective
date of this section, then the businesses shall be licensed within
30 days of the effective date of this section.
The annual fee for the license shall be $100. All such licenses
shall be issued for a period of one year commencing January 1 and
expiring December 31 next following the date of issuance, and there
shall be no rebate for any lesser time. The license shall be conspicuously
exhibited upon the premises licensed thereunder.
Any person, partnership, limited liability corporation or corporation
in the business of buying precious metals or gems who buys, attempts
to buy or offers to buy precious metals or gems on the basis of bulk
value from any person who is not in the business of selling precious
metals or gems in the Township of Scotch Plains shall maintain a written
record of all purchases and shall be subject to this section.
The format of the record shall be in one of the following formats:
(1) The record shall be in a book, non-looseleaf form, with all pages
numbered in sequence. All entries shall be made in pen or ink. There
shall be no spaces between entries, and each entry shall be numbered
in sequence, or (2) computer spread sheet in an easy to read format.
The record shall contain the following information:
The purchaser shall require that the seller present current,
reliable identification. The record shall reflect the nature of the
identification presented.
The purchaser shall make the record available for inspection
to any law enforcement officer, upon demand, without the need for
advance notice. The record shall be kept at the purchaser's business
premises. These records must be maintained for a period of five years.
Each dealer doing business in the Township of Scotch Plains
shall deliver to the Chief of Police or his designee on a weekly basis,
a copy of the record of all used jewelry purchased by that dealer
during the preceding week.
No dealer shall sell, melt, change the form of or dispose of
any articles purchased or received for a period of ten days from the
date the notification is made to the Chief of Police or his designee.
All such items shall remain on the premises where the purchase was
made until the expiration of the time period set forth herein
Any person who shall violate any provision of this section or shall fail to comply with any of the requirements thereof shall, upon conviction thereof, be liable to the general penalty stated in Chapter 2, subsection 2-1.4. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Added 10-18-2022 by Ord.
No. 2022-26]
This section is enacted to regulate local cannabis business
licensing in the Township of Scotch Plains in accordance with the
provisions of an Act of Legislature of the State of New Jersey entitled
"New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace
Modernization Act" (CREAMM Act) (N.J.S.A. 24:6I-31 et seq.), and in
accordance with the rules and regulations of the Cannabis Regulatory
Commission.
[Added 10-18-2022 by Ord.
No. 2022-26]
a.
Local license required. Pursuant to the authority granted by N.J.S.A.
24:6I- 45(c)(2), no person or entity shall operate a cannabis business
in the Township without obtaining a local license pursuant to this
chapter. No local license shall be valid unless a license is also
issued to the applicant by the State of New Jersey in accordance with
the CREAMM Act.
b.
Local licensing authority. The Township Municipal Council shall be
designated as the local licensing authority for the issuance of local
licenses to all cannabis class operators, and for the suspension or
revocation of any license issued hereunder.
[Added 10-18-2022 by Ord.
No. 2022-26]
a.
Application form. In order to obtain a local license to operate a
cannabis business in the Township, an applicant shall file an application
with the Township Clerk. The application will set forth all information
necessary for a proper consideration of an application and will be
made available in the Township Clerk's office. The Township Council
shall review and approve or deny all applications at its sole discretion,
consistent with state law, within 60 days of filing. Such application
shall be filed contemporaneous to filing an application for a state
license pursuant to the CREAMM Act.
b.
Fee. At the time application is made, the applicant shall pay to the Township an application fee in accordance with § 4-10.7 for the applicable license.
c.
Issuance. Upon approval of an application, the Township Council shall,
by resolution, issue a local license to operate a cannabis business
in the Township, subject to land use approval and state licensure.
If the applicant for a local license does not hold a valid state-issued
license, then the license issued by the Township is conditional and
contingent upon the subsequent receipt of a state permit or license
of the same class or type of regulated cannabis activity.
1.
Under no circumstances shall a local license for a cannabis business
issued by the Township Council be effective until or unless the state
has issued the requisite permits or licenses to operate such a facility.
It is the intent of this section that no cannabis businesses may lawfully
operate in the Township without the issuance of a state permit or
license and full regulatory oversight of the cannabis business by
the Cannabis Regulatory Commission or other state licensing authority.
2.
Properly state-licensed cannabis delivery services may deliver in
the Township of Scotch Plains as authorized by state law, subject
to this chapter.
d.
In order to be granted a local cannabis business license for the
operation of any cannabis business the following conditions must be
satisfied. If any of the items are not fulfilled the application shall
be deemed incomplete and will not be processed:
1.
Completion of all application forms, checklists and other submissions
as may be required by the Township Clerk.
2.
Payment of all applicable local fees, including inspection (if required)
and licensing fees.
3.
Demonstration that all applicable state licenses have been obtained.
4.
Passage of all applicable state and local inspections required to
be completed prior to the beginning of operations and/or renewal of
any state and/or local license.
5.
Submission of emergency contact information to be utilized by police,
fire, and EMS personnel in the event of an on-site emergency.
6.
The applicant has received a zoning review from the Scotch Plains
Zoning Officer indicating the proposed location for licensing either
complies with all applicable municipal zoning laws or requires approval
from the Scotch Plains Planning Board or Zoning Board of Adjustment.
If the approval of the Planning Board or Zoning Board of Adjustment
is required for the applicant's business to operate, a copy of
the resolution granting approval from the appropriate board shall
be submitted with the application. Under no circumstances will a local
license be issued prior to receiving Planning Board or Zoning Board
of Adjustment approval if required.
7.
Submission of a full copy of the application for state licensure,
via hard copy or digitally, with pages prominently marked "CONFIDENTIAL"
as appropriate for purposes of compliance with New Jersey's Open
Public Records Act. Pages not marked as confidential will be disclosed
in response to any applicable OPRA request.
9.
Any person proposed to have ownership interest in the license shall
not have had any cannabis license or permit revoked for a violation
affecting the public safety in the State of New Jersey or a subdivision
thereof within the preceding five years.
10.
The applicant shall comply with any and all qualification standards
set forth by the State of New Jersey and Township.
[Added 10-18-2022 by Ord.
No. 2022-26]
a.
Township Code § 23-1.8 defines Class 1 (Cultivator), Class 2 (Manufacturer), Class 3 (Wholesaler), Class 4 (Distributor), Class 5 (Retailer and Microbusiness), and Class 6 (Delivery) licenses. Each class license must adhere to the following restrictions as detailed below:
1.
Class 1 (Cultivator) and Class 2 (Manufacturer) licenses.
(a)
Buildings. All facilities shall be enclosed in heated and air-conditioned
buildings. Notwithstanding the foregoing, Class 1 (Cultivator) licenses
may be enclosed in a secure greenhouse.
(b)
No public access. Class 1 (Cultivator) and Class 2 (Manufacturer)
facilities shall not be opened to the public.
(c)
Odor control. The facility shall be equipped with an air treatment
system with sufficient odor-absorbing ventilation and exhaust systems
such that any odor generated inside the facility is not detectable
by a person of reasonable sensitivity at the property line of the
facility.
(d)
Records. Records of all cannabis purchased and sold must be
made available upon 14 days' advance notice when called for by
the Township.
(e)
Security plan. Class 1 (Cultivators) and Class 2 (Manufacturers)
shall submit a security plan to the Township for the Police Department's
review detailing all security measures that will be taken to ensure
community safety and to prevent unauthorized access to the premises.
(f)
Signage. Signs shall be limited to the address, legal name or
any registered alternate name, and emergency contact information.
All signs shall comply with Scotch Plains Township Code and state
law.
2.
Class 3 (Wholesaler), Class 4 (Distributor) and Class 6 (Delivery)
licenses.
(a)
Buildings. All facilities shall be enclosed in heated/air-conditioned
buildings, not in greenhouses, hoop houses or outdoors.
(b)
Hours. No deliveries of cannabis to the public by a Class 6
Cannabis Delivery Service shall occur between the hours of 10:00 p.m.
and 8:00 a.m., Monday through Sunday.
(c)
Identification plan. A Class 6 Cannabis Delivery Service shall
submit an identification plan to the Township for the Police Department's
review detailing all measures taken to ensure compliance that patrons
are at least 21 years of age.
(d)
No public access. Class 3 (Wholesaler) and Class 4 (Distributor)
facilities shall not be opened to the public.
(e)
Odor control. Class 3 (Wholesaler) and Class 4 (Distributor)
facilities shall be equipped with an air treatment system with sufficient
odor-absorbing ventilation and exhaust systems such that any odor
generated inside the facility is not detectable by a person of reasonable
sensitivity at the property line of the subject property. Odor from
the facility shall be monitored on a biannual basis at the discretion
of the Township by a licensed, qualified contractor chosen by the
Township at a cost that should be paid for by the business owner.
(f)
Records. Records of all cannabis purchased and sold must be
made available upon 14 days' advance notice when called for by
the Township.
(g)
Security plan. Class 3 (Wholesaler), Class 4 (Distributors),
and Class 6 (Delivery) shall submit a security plan to the Township
for the Police Department's review detailing all security measures
that will be taken to ensure community safety and to prevent unauthorized
access to the premises.
(h)
Signage. Signs shall be limited to the address, legal name or
any registered alternate name, and emergency contact information.
All signs shall comply with the Scotch Plains Township Code and State
Law.
3.
Class 5 (Retailer and Microbusiness) licenses.
(a)
Hours. No Class 5 Retailer or Microbusiness shall be open to
the public between the hours of 10:00 p.m. and 8:00 a.m., Monday through
Sunday.
(b)
Identification plan. Class 5 Retailer and Microbusiness shall
submit an identification plan to the Township for the Police Department's
review detailing all measures taken to ensure compliance that patrons
are at least 21 years of age.
(c)
Odor control. A Class 5 Retail and Microbusiness facility shall
provide an air treatment system with sufficient odor-absorbing ventilation
and exhaust systems such that any odor generated inside the facility
is not detectable by a person of reasonable sensitivity at the property
line of the subject property. Odor from the facility shall be monitored
on a biannual basis at the discretion of the Township by a licensed,
qualified contractor chosen by the Township at a cost that should
be paid for by the business owner.
(d)
Records. Records of all cannabis purchased and sold must be
made available upon 14 days' advance notice when called for by
the Township.
(e)
Security plan. Class 5 Retailer and Microbusinesses shall submit
a security plan to the Township for the Police Department's review
detailing all security measures that will be taken to ensure community
safety and to prevent unauthorized access to the premises.
(f)
Signage. Signs shall be limited to the address, legal name or
any registered alternate name, and emergency contact information.
All signs shall comply with the Scotch Plains Township Code and state
law.
[Added 10-18-2022 by Ord.
No. 2022-26]
a.
Any license required by this section may be suspended or revoked
for violation of any of the following:
1.
Subsequent knowledge of fraud, misrepresentation or incorrect statements
provided by an applicant on the application form.
2.
Any fraud, misrepresentation or false statements made in conducting
the cannabis business.
3.
Any violation of the Act, or the rules and regulations of the State
Cannabis Regulatory Commission.
4.
Subsequent convictions of any federal or state statute or regulation,
or of any local ordinances, which adversely affect upon the person's
ability to conduct the cannabis business in a professional, honest,
and legal manner. Such violations shall include but are not limited
to violations of Chapter 35 of Title 2C of the New Jersey Statutes,
burglary, theft, larceny, swindling, fraud, unlawful business practices
and any form of actual or threatened physical harm against another
person.
5.
The Township Council may suspend or revoke any license if the corresponding
state license or permit for the subject location is expired, surrendered,
suspended, or revoked.
6.
Violation of any other provision of this chapter.
[Added 10-18-2022 by Ord.
No. 2022-26]
a.
Any person aggrieved by a decision of the Township denying or revoking
a license may appeal to the Township Council. The applicant or licensee
shall provide a written statement to the Township Clerk setting forth
fully the grounds for the appeal and requesting a hearing before the
governing body. A written notice of appeal shall be filed within 10
days of said decision.
b.
The Township Council shall set the matter down for a hearing before
the governing body within 30 days of the filing of the notice of appeal.
Notice of the hearing shall be sent by registered mail to the applicant
or licensee at their address on file with the Township at least 10
days prior to the date set for the hearing. The decision of the Township
shall be in the form of a resolution at the first regularly scheduled
public meeting after the hearing of the appeal. The appellant may
agree, in writing, to a later date for the decision. The decision
of the governing body on such appeal shall be final and conclusive.
[Added 10-18-2022 by Ord.
No. 2022-26]
a.
Any local license issued pursuant to this section shall be valid
for a period of one year from the date of issuance, subject to payment
of the annual registration and applicant renewal fees and shall be
renewed in accordance with the provisions of this chapter. All local
cannabis licenses shall not be transferable, assignable, or divisible.
b.
Annual renewal of application. An application for a renewal of a local cannabis business license shall be filed with the Township Clerk at least 60 calendar days prior to the expiration of the current license. The applicant shall pay a renewal fee in accordance with § 4-10.7. Within 14 days of receiving a license renewal from the State of New Jersey, a cannabis business shall submit a copy of same to the Township Clerk.
[Added 10-18-2022 by Ord.
No. 2022-26]
The applicant and license holder shall pay initial and renewal
application fees and annual registration fees according to the following
schedule:
|
License
|
Application Fee
(initial)
|
Application Fee
(renewal)
|
Annual Registration Fee
|
|---|---|---|---|
|
Class 5 - Retailer
|
$10,000
|
$5,000
|
$10,000
|
|
Class 2 - Manufacturer
|
$10,000
|
$5,000
|
$10,000
|
|
Class 1 - Cultivator
|
$10,000
|
$5,000
|
$10,000
|
|
Class 3 - Wholesaler
|
$10,000
|
$5,000
|
$10,000
|
|
Class 4 - Distributor
|
$10,000
|
$5,000
|
$10,000
|
|
Class 6 - Delivery Services
|
$5,000
|
$2,500
|
$5,000
|
|
Class 5 - Microbusinesses
|
$2,500
|
$1,000
|
$2,500
|
