Township of Belleville, NJ Chapter 4 General Licensing

§ 4-1 LICENSING GENERALLY.

[Ord. #1702; Ord. #1730; Ord. #1862; Ord. #2839; Ord. #01-2878; Ord. #3002; Ord. #3019]

§ 4-1.1 Title.

[Ord. #1702 § I]

This section shall be known and may be cited as the "Licensing Ordinance of the Town of Belleville."

§ 4-1.2 Definitions.

[Ord. #1702 § 2]

As used in this section:

a. Business shall mean all kinds of vocations, occupations, professions, enterprises, establishments, and all other kinds of activities and matters over which the general laws and statutes of the State confer the power to license and regulate upon a municipality, together with all devices, machines, vehicles and appurtenances used therein.

b. Issuing Officer shall mean the central collector or such other person designated by any ordinance or resolution to accept applications and collect fees therefor.

c. License or permit shall mean the same thing and be used interchangeably. For purposes of convenience only, the term "license" shall generally designate official authorization of a continuing business or activity, and the term "permit" shall generally designate municipal authorization for an act or activity that will be completed, thus terminating the operativeness of the permit.

d. Licensee or permittee shall mean the same thing and be used interchangeably, and shall include the agent of the licensee or permittee.

e. Permit and Permittee (see License and Licensee.)

f. Premises shall include all lands, structures and fixtures of any lot, place or parcel covered by an regulation or ordinance provision.

g. Regulatory License shall mean any license having for one of its purposes the regulation of the subject matter of licensing under an issuing officer, whether or not in conjunction with a fee set for revenue purposes.

h. Subject matter of licensing shall mean any person, equipment, device, materials, premises, services or activities which are required or permitted by general law or statute to be licensed and regulated by municipalities.

§ 4-1.3 Scope and Application.

[Ord. #1702 § 3]

This section shall govern the issuance of all licenses issued by the Township except where otherwise expressly provided by ordinance or expressly exempted herefrom. It is not intended to repeal, abrogate, annul, or in any way impair or interfere with the existing provisions of other laws or ordinances. In the event of a conflict between this ordinance and a specific provision of any other ordinance, the specific provision shall govern, but only to the extent that such conflict cannot be reconciled. Except as aforesaid, it is the purpose of this section to establish uniform procedures for licensing in this Township.

§ 4-1.4 Compliance Required.

[Ord. #1702 § 4]

It shall be unlawful for any person either directly or indirectly when a subsisting license therefor is required by ordinance or State law, to without such license:

a. Sell any goods, facilities or services;

b. Solicit business or offer goods or services for sale or hire;

c. Engage in any activity or perform any act connected therewith;

d. Permit any premises owned or under his control or possession to be used for any activity subject to licensing.

§ 4-1.5 Responsibility of Agent.

[Ord. #1702 § 5]

The agent or other representative of any person engaged in any business, activity or enterprise in the Township, subject to any licensing requirement, shall be personally responsible for the compliance of their principals with this section and of the business with the provisions thereof. Prior to the issuance of any license to a person not residing within the State of New Jersey, the applicant shall appoint an agent within the State of New Jersey upon whom process may be served, and shall furnish the issuing officer with the agent's name and post office address within the State. In the event of a change of agent or a change of address of the agent, the licensee shall notify the issuing officer. All such appointments of agents shall be accepted in writing by the agent. In the event any licensee fails to notify the issuing officer of a change in agent, or in the event the agency is terminated during the term of the license, the license shall be suspended until a new or corrective appointment is made.

§ 4-1.6 Separate License for Branch Establishments.

[Ord. #1702 § 6]

Unless otherwise provided by regulation, a license shall be required in the manner prescribed herein for each branch establishment or location of the business engaged in as if each such branch establishment or location were a separate business, provided that warehouses and distributing plants used in connection with and incidental to a business licensed hereunder shall not be deemed to be separate places of business or branch establishments.

§ 4-1.7 Transferability.

[Ord. #1702 § 7]

No license shall be transferable unless otherwise provided. No license issued by the Township shall be transferable to persons or locations unless otherwise expressly permitted by the provisions governing such license.

§ 4-1.8 Issuing Officer.

[Ord. #1702 § 8; Ord. #3002]

Unless otherwise provided by ordinance or resolution the Department of Planning and Development, Construction Code Official shall serve as issuing officer for all licenses.

§ 4-1.9 Duties of Issuing Officer.

[Ord. #1702 § 9]

The issuing officer shall have the following duties:

a. Receive applications for all licenses and refer the same to the necessary departments and divisions for review and processing.

b. After the receipt of all fees and charges and reports required by the nature of the application, the issuing officer is to refer the application with the result of processing to the Township Council.

c. In the event of favorable action by the Township Council to issue the license provided that all regulatory fees and charges and Township taxes, if any, pertaining to the license have been paid.

d. Keep all records pertaining to licenses, licensees, and agents.

e. Establish with the aid of the law department the application forms for issuances and renewals of all licenses, including, where desired, a requirement that the application be executed under oath, and procedures for processing which shall minimize duplication and permit the Township Council to review all matters pertaining to the license prior to determining any action to be taken thereon.

§ 4-1.10 Investigation and Reports.

[Ord. #1702 § 10; Ord. #3300]

a. The issuing officer shall, prior to referring any application to the Township Council requesting a report from the Chief of Police, which report shall contain information as to whether:

1. The conduct of the subject matter of licensing, or proposed conduct thereof, would be injurious to public safety or morals.

2. The facility creates or will create unreasonable interference with traffic.

3. The facility by reason of the nature of its operation, attracts undesirable persons and causes congregations giving rise to commission of criminal offenses, disorderly persons, act offenses, acts of juvenile delinquency, or Township ordinance violations on or about the premises or activity licensed.

b. The Chief of Police shall thereupon report the same in writing with the grounds therefor and his recommendations.

c. The issuing officer shall also request the building inspector inform him of the zoning requirements in any area in which a licensed business is to be conducted.

d. Where the processing or handling of food is the subject of the business to be licensed the issuing officer shall request a report from the health officer.

e. A report shall also be obtained from the fire chief as to whether or not any premises utilized in any licensed business meet the requirements of the fire prevention code.

f. Persons working with children, owner of business/employees, solicitors, volunteers:

A religious charitable, scientific, educational, athletic or youth service institution or organization may require any person, who applies to work with children as a volunteer or as a paid employee, solicitor or owner of a business, in the Township of Belleville to do one or more of the following:

1. Agree to be fingerprinted and release of all investigative records to such religious, charitable, scientific, educational, athletic or youth service institution, solicitor, or whatever the license applied for in the Township of Belleville, and or organization for examination for the purpose of verifying the accuracy of criminal violation information contained on an application to work for such institution or organization and or company.

2. Supply fingerprint samples and submit to a criminal history records check to be conducted by the Township of Belleville and or the fingerprint authority chosen by the Township of Belleville (outside agency fingerprinting) and the Federal Bureau of Investigation.

3. Any costs incurred (for fingerprinting and or licensing fees) are the responsibility of the applicant.

4. This would apply to anyone applying for Business License, Solicitor(s), Volunteer, Paid Employee(s), Owner of Business.

§ 4-1.11 Standards for Review of License Applications.

[Ord. #1702 § 11]

All licenses shall be approved by resolution of the Township Council. The Township Council shall examine the qualifications of any applicant for a license or renewal thereof to determine if the applicant or licensee would conduct the licensed activity in a lawful manner and in accordance with the general laws and statutes of the State and ordinances of the Township and shall be guided in making its determination by the following factors which shall be the standards upon which the determination of the Township Council shall be based:

a. The zoning ordinance of the Township.

b. The building Code.

c. The sanitary code of the Township.

d. Any general laws and public health statutes, and codes of the State of New Jersey applicable to municipalities.

e. The fire prevention code.

f. The reports of all Township officers required under subsection 4-1.10.

g. Existence of any convictions of any crimes, the reasons therefor and the demeanor of the applicant subsequent thereto.

h. The license history of the applicant, whether such person in previously obtaining a license in this Township or any other municipality has had such license rejected or suspended, the reasons therefor and the demeanor of the applicant subsequent to such actions, the timeliness of past applications for licenses, and the applicant's continued compliance with all license requirements after having been granted any previous licenses.

i. Such other facts relevant to the general personal history of the applicant as may be necessary to a fair determination of the eligibility of the applicant to conduct the licensed activity.

§ 4-1.12 Processing of Application.

[Ord. #1702 § 12]

Every person required to procure a license under the provisions of any ordinance of the Township shall submit an application for such license to the issuing officer, which application shall be a written statement with such copies as the issuing officer may require, upon forms provided by the issuing officer.

§ 4-1.13 Contents of Application.

[Ord. #1702 § 13]

All applications shall require the disclosure of sufficient information for the issuing officer to determine what reports will be necessary for the Township Council to make its determination as to the issuance of the license and any other information which is deemed necessary for the administration of this section.

§ 4-1.14 Payment of Fees.

[Ord. #1702 § 14]

Any fee in connection with any license shall be paid to the issuing officer at the time of the filing of the application.

§ 4-1.15 Payment of Certain Taxes a Prerequisite.

[Ord. #1702 § 15]

Before any license is issued for any business activity in the Township, the central collector shall certify to the issuing officer that there are no unpaid business personal property taxes due from the applicant.

§ 4-1.16 Issuance of Receipts.

[Ord. #1702 § 16]

In the event a license cannot be or is not issued at the time the application therefor is made, the issuing officer shall issue a receipt to the applicant for the moneys paid in advance, provided that such receipt shall not be construed as a license, or entitle or authorize the applicant to open or maintain the activity subject to licensing.

§ 4-1.17 Renewal License Procedure.

[Ord. #1702 § 17]

The applicant for the renewal of a license shall submit an application for such license to the issuing officer on forms provided by him. The application for a renewal license shall require the disclosure of such information concerning the applicant's demeanor and conduct and the operation of applicant's business during the preceding licensing period and such other information as is reasonably necessary to the determination by the Township Council of applicant's eligibility for a renewal license. An inspection shall be conducted of the subject matter of licensing where required by regulations or by direction of the Township Council. The fee for renewal of any license shall, unless otherwise provided by ordinance, be the same as the original fee for such license.

§ 4-1.18 Contents of License.

[Ord. #1702 § 18]

Information required for each license issued hereunder shall be on a form prescribed by the issuing officer and shall contain the following:

a. The name of licensee and any other name under which such business is to be conducted.

b. The name and address of each business so licensed.

c. The amount of the license fee.

d. The date of issuance and expiration of the license.

e. The name and address of the agent, if one is required.

f. Such other information as shall be requested by the issuing officer.

§ 4-1.19 License Required, Fees.

[Ord. #1862 §§ 1, 2; Ord. #1730 § 1; Ord. #1702 §§ 1, 19; Ord. #2839; Ord. #01-2878; Ord. #3019; Ord. #3170; Ord. #3211; Ord. #3248; Ord. #3399]

No person shall carry on any business contained in this section without first having obtained a license therefor, the license fees for which are listed as follows:

Amusements, traveling kiddie rides, merry-go-rounds, carousels	$150 each
Auction	$50
Automatic vending machines:
Candy	$10 first machine
	$5 each additional machine
Cigarettes and cigars	$10 first machine
	$5 each additional machine
Coffee	$10 first machine
	$5 each additional machine
Food (sandwiches, etc.)	$10 first machine
	$5 each additional machine
Juke or music	$15 first machine
	$5 each additional machine
Merchandise (general)	$10 first machine
	$5 each additional machine
Automobile body repairs	$500
Automobile parts store	$500
Automobile sales rooms	$500
Automobile service stations	$500
Automobile used car lots	$500
Automobile wreckers	$500
Barber shops	$25
Beauty parlors and nail salons	$25
Billiard parlors	$50 first table
	$10 each additional table
Bowling alleys	$50 first 6 alleys
	$10 each additional alley
Canvassers	$25
Chicken markets	$50
Distributor of commercial circulars, handbills, sample merchandise, etc.	$25
Coal and oil dealers	$50
Coin operated dry cleaning establishments	$15 each dry cleaning machine
Dog boarding	$50 (under 10 dogs)
	$100 (over 10 dogs)
Florist	$50
Food, department and furniture stores, markets and all stores wherein merchandise is sold at retail, excepting those specifically set forth in this section
Up to 1,500 square feet total floor area	$40
From 1,501 to 2,500 square feet total floor area	$75
From 2,501 to 3,500 square feet total floor area	$100
From 3,501 to 4,500 square feet total floor area	$125
From 4,501 to 5,500 square feet total floor area	$150
From 5,501 to 6,500 square feet total floor area	$175
From 6,501 to 7,500 square feet total floor area	$200
From 7,501 to 8,500 square feet total floor area	$225
From 8,501 to 9,500 square feet total floor area	$250
From 9,501 to 10,500 square feet total floor area	$275
Over 10,500 square feet total floor area	$300
Gasoline pumps (other than service stations)	$15 per pump
Junk yards	$100
(Collectors, ea. vehicle)	$50
Laundromats and drying machines	$5 each machine
Milk (sale and delivery of)	$10 each vehicle
New car dealers, (as defined in Chapter 166, laws of 1931) including new car show rooms, used car lots (open air) and all other accessory and ancillary operations connected with the operation of the new car dealership	$250
Peddlers and hucksters (truck)
Baked goods, dairy products, eggs, poultry	$100
Hot dogs, hamburgers, sandwiches	$100
Household furnishings, goods, etc.	$100
Ice cream, ices, ice cream combinations	$100
Plants, bulbs and similar nursery products	$100
Peddlers of groceries or any other article not herein provided for	$100
Restaurants (1 to 50 seats)	$50
Restaurants (51 or more seats)	$100
Swimming pools (permanent)	$25
Owner of passenger vehicles for hire	$100 each vehicle
Operator of passenger vehicles for hire including taxi drivers	$25
Theaters and motion pictures	$250
Tools and implements grinders	$15
Open air parking stations	$0.10 per square foot
Conditional inspection fee	$10 each inspection
Operation of taxi dispatch office	$25
Any of the businesses that are not mentioned or not defined in subsection 4-1.19, the issuing officer shall classify that business establishment as a general business license and a fee shall be paid in the amount of $100
Events: Carnival, Halloween display, Christmas display, Thanksgiving display, Fourth of July or any event designated as Special Amusement — see Section 4-28

§ 4-1.20 Term of Licenses.

All licenses issued under the terms and provisions of this chapter shall become effective on January 1 and expire December 31 in each year.

§ 4-2 LICENSING OF GOING-OUT-OF-BUSINESS SALES.

[Ord. #1725]

§ 4-2.1 Definitions.

[Ord. #1725 § 1]

As used in this section.

a. Fire and other altered goods sale shall mean a sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means.

b. Sale shall mean, but shall not be limited to, the sale or an offer to sell to the public goods, wares and merchandise of any and all kinds and description on hand and in stock in connection with a declared purpose, as set forth by advertising, on the part of the seller that such sale is anticipatory to the termination, closing, liquidation, revision, wind-up, discontinuance, conclusion or abandonment of the business in connection with such sale. It shall also include any sale advertised to be an "adjustment sale," "creditor's sale," "executor's sale," "administrator's sale," "insolvent sale," "insurance salvage sale," "mortgage sale," "assignee's sale," "adjuster's sale," "receiver's sale," "loss-of-lease sale," "wholesaler's close-out sale," "creditor's committee sale," "forced-out-of-business sale," "removal sale," and all sales advertised in such manner as to reasonably convey to the public that upon the disposal of the stock of goods on hand, the business will cease and be discontinued.

c. Goods shall mean any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.

d. Removal of business sale is a sale held out in such manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock of goods on hand and will then move to and resume business at a new location in the Township or will then continue business from other existing locations in the Township.

e. Issuing officer shall mean the central collector or such other person designated by ordinance or resolution to accept applications and collect fees therefor.

f. Public, publishing, advertisement, advertising shall include all means of conveying to the public, notice of sale or notice of intention to conduct a sale, whether by word of mouth, letter, newspaper advertisement, magazine advertisement, handbill, written or printed notice, printed display, billboard display or poster, whether in or away from the business location, radio announcement and any and all other means, oral or written.

§ 4-2.2 License Required.

[Ord. #1725 § 2]

It shall be unlawful for any person to publish, announce or conduct any sale of the type or kind herein defined without obtaining a license.

§ 4-2.3 Application for License.

[Ord. #1725 § 3]

A person desiring to conduct a sale regulated by this section shall make a written application to the issuing officer setting forth and containing the following information:

a. The true names and addresses of the owners of the goods to be the object of the sale;

b. The true name and address of the person from whom the owner purchased the goods to be sold and the price therefor, and if not purchased, the manner of such acquisition;

c. A description of the place where such sale is to be held.

d. The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy;

e. The dates of the period of time in which the sale is to be conducted;

f. A full and complete statement of the facts in regard to the sale, including the reason for the urgent and expeditious disposal of goods thereby, and the manner in which the sale will be conducted;

g. The means to be employed in advertising the sale, together with the proposed content of any advertisement;

h. A complete and detailed inventory of the goods to be sold at the sale as disclosed by applicant's records. The inventory shall be attached to and become part of the application.

§ 4-2.4 License Fee.

[Ord. #1725 § 4]

Any applicant for a license hereunder shall submit to the issuing officer with his application a license fee of $25. Any applicant for a renewal license hereunder shall submit to the issuing officer with his renewal application a renewal fee of $10.

§ 4-2.5 Duties of Issuing Officer.

[Ord. #1725 § 5]

The issuing officer shall have the following duties:

a. Receive applications for all licenses hereunder and process same as required herein.

b. After the receipt of all fees and charges and reports required by the nature of the application, the issuing officer shall refer the application, with the result of his processing, to the Township Council.

c. In the event of favorable action by the Township Council, to issue the license provided that all regulatory fees and charges and Township taxes, if any, pertaining to the license have been paid.

d. Keep all records pertaining to licenses, licensees and agents.

e. Establish with the aid of the department of law the application forms for issuances and renewals of all licenses hereunder, including where desired, a requirement that the application be executed under oath, and procedures for processing which shall minimize duplication and permit the Township Council to review all matters pertaining to the license prior to determining any action to be taken thereon.

§ 4-2.6 Term of License.

[Ord. #1725 § 6]

The license shall authorize the sale described in the application for a period of not more than 30 consecutive days following the issuance thereof. Such license may be renewed, in the discretion of the Township Council, for an additional period of time not exceeding 30 days, upon application being made for such renewal which application must be accompanied with a revised inventory showing the times on the original inventory remaining unsold and not listing any goods not included in the original application and inventory.

§ 4-2.7 Limitation of Type of Sale.

[Ord. #1725 § 7]

The license shall authorize only the type of sale described in the application at the location named therein.

§ 4-2.8 Limitation on Goods to be Sold.

[Ord. #1725 § 8]

The license shall authorize only the sale of the goods described in the inventory attached to the application.

§ 4-2.9 Surrender of Previously Issued Licenses.

[Ord. #1725 § 9]

Upon being issued a license hereunder for a going-out-of-business sale, the licensee shall surrender to the issuing officer all other business licenses he may hold at that time applicable to the location and goods covered by the application for a license under this section.

§ 4-2.10 Transferability of License.

[Ord. #1725 § 10]

Any license provided for herein shall not be assignable or transferable.

§ 4-2.11 Regulations for Licensee.

[Ord. #1725 § 11]

A licensee hereunder shall:

a. Make no additions whatsoever during the period of the license sale to the stock of goods set forth in the inventory attached to the application for license.

b. Refrain from employing any untrue, deceptive or misleading advertising.

c. Conduct the license sale in strict conformity with any advertising or holding out incident thereto.

d. Keep available at the place of sale a duplicate copy of the inventory submitted with the application, and shall present such duplicate to inspecting official upon request.

e. Keep any other goods separate and apart from the goods listed in the filed inventory as being objects of sale and shall make such distinction clear to the public by placing tags on all inventoried goods in and about the place of sale, apprising the public of the status of all such goods.

f. Display the license in a prominent place on the window of the premises where the sale is to be held so that it is clearly visible from the exterior of said premises.

g. Suitable books and records shall be kept at the place of sale and shall be made available for inspection by the Township Council or its authorized representatives.

§ 4-2.12 Unlawful Acts.

[Ord. #1725 § 12]

It shall be unlawful to sell, offer or expose for sale or to list on the inventory required by subsection 4-2.3, any stock which is not the stock of the store or other place, the business of which is to be closed out by such sale for which a license has been granted, to replenish or add to such stock for the purpose of disposal at such sale, or to fail, neglect or refuse to keep accurate and true records of the initial stock, stock sold, and stock on hand.

§ 4-2.13 Revocation of License.

[Ord. #1725 § 13]

A license or renewal thereof issued pursuant hereto may be revoked by the Township Council after notice and hearing, for any of the following reasons:

a. Any fraud, misrepresentation or false statement contained in the application.

b. Any fraud, misrepresentation or false statement made as to the inventory, stock sold or stock on hand.

c. Any violation of this section.

d. Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.

e. Conducting the business licensed under this section in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

§ 4-2.14 Notice of Hearing.

[Ord. #1725 § 14]

Notice of 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 mailed postage prepaid, to the licensee at his last known address, at least five days prior to the date set for the hearing.

§ 4-2.15 Suspension of Licenses.

[Ord. #1725 § 15]

A license may be suspended for not more than five days by the Township Council upon probable cause being shown that the license should be revoked.

§ 4-2.16 Hearings.

[Ord. #1725 § 16]

The Township Council shall hold such hearings and make such investigation as may be necessary to carry out the provisions and intent of this section.

§ 4-2.17 Scope and Application.

[Ord. #1725 § 17]

This section is intended to augment and be in addition to the provisions of other applicable licensing ordinances of the Township. Where this section imposes a greater restriction upon persons, premises, businesses or other practices than is imposed by any other licensing section of this revision or ordinance of the Township, this section shall control.

§ 4-2.18 Minimum Time of Ownership.

[Ord. #1725 § 18]

Any person who has not been the owner of a business advertised or described in the application for a license hereunder for a period of at least six months prior to the date of the proposed sale, shall not be granted a license.

§ 4-2.19 Heirs to Apply for License.

[Ord. #1725 § 19]

Upon the death of a person doing business in this Township, his heirs, devisees or legatees, or executors or administrators, shall have the right to apply at any time for a license hereunder.

§ 4-2.20 Time Between Sales.

[Ord. #1725 § 20]

Any person who has held a sale, as regulated hereunder, at the location stated in the application, within one year last past from the date of such application shall not be granted a license.

§ 4-2.21 License to Apply to One Store Only.

[Ord. #1725 § 21]

Where a person applying for a license hereunder operates more than one place of business, the license issued shall apply only to the one store or branch specified in the application and no other store or branch shall advertise or represent that it is cooperating with it, or in any way participating in the license sale, nor shall the store or branch conducting the license sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the license sale.

§ 4-2.22 Persons Exempt from Regulations.

[Ord. #1725 § 22]

The provisions of this section shall not apply to or affect the following persons:

a. Persons acting pursuant to an order or process of a court of competent jurisdiction;

b. Persons acting in accordance with their powers and duties as public officials;

c. Duly licensed auctioneers, selling at auction;

d. Any publisher of a newspaper, magazine or other publication, who published in good faith any advertisement, without knowledge of its false, deceptive or misleading character, or without knowledge that the provisions of this section have not been complied with.

§ 4-2.23 Taxes to be Paid.

[Ord. #1725 § 23]

No license authorized under this section shall be issued unless personal property taxes are paid to the date of the application for the license.

§ 4-3 LICENSING OF HAWKERS AND PEDDLERS.

[Ord. #548; Ord. #1674; Ord. #1962; Ord. #2038; Ord. #2144]

§ 4-3.1 License Required.

[Ord. #548 § 1]

No person, not licensed as provided herein shall hawk or peddle in or upon any of the streets or public places of the Township, any fish, fowl, fruit, vegetables, groceries, dry goods, soft drinks, ice cream, meats, or any other goods, wares or merchandise of any kind whatsoever.

§ 4-3.2 Issuance of License.

[Ord. #548 § 2]

The Town Clerk shall on application issue a license to any person for the purpose of hawking or peddling fish, fowl, fruit, vegetables, groceries, dry goods, soft drinks, ice cream, meats or any other articles of whatsoever kind, from wagons, carts, automobiles or other vehicles or from baskets, packs or other means of carriage by hand, and such license shall expire on June 30 in each year, subject nevertheless to be revoked at the option of the Township Council.

§ 4-3.3 License Fee.

[Ord. #548 § 3]

Every person so licensed shall pay to the Township Clerk a license fee as established in subsection 4-1.19; and such license when issued shall be in force until June 30 next succeeding the date of the issuing of such license. The fee for the license is imposed for revenue.

§ 4-3.4 License Limitations.

[Ord. #548 § 4]

Every person licensed hereunder shall be entitled to use one wagon, cart or other vehicle, or one basket, pack or other means of carriage by hand, for each license taken out by him. Each person licensed shall have the privilege of having one helper on each cart or each other vehicle or each means of conveyance so licensed.

§ 4-3.5 License Plates.

[Ord. #548 § 5]

The Township Clerk shall issue with each license granted hereunder, when a wagon, cart or other vehicle is to be used, duplicate metal plates bearing the words "Licensed Hawker, Town of Belleville," together with number of the license and the year for which it is issued, and all carts, wagons, automobiles or other vehicles used for the purpose of hawking or peddling as aforesaid, shall have affixed on each side thereof one of the metal plates above mentioned and the name and address of the licensee in letters at least three inches in height, lettered distinctly thereon.

§ 4-3.6 Transferability.

[Ord. #548 § 6]

Licenses granted pursuant hereto are not transferable and no person shall lend, hire or allow the use of any such vehicle with such licensed person's name thereon for the purpose of hawking or peddling.

§ 4-3.7 Exhibition of Licenses.

[Ord. #548 § 7]

Any person licensed as aforesaid engaged in hawking or peddling in the streets, alleys or public places of the Township, shall at all times carry with him, when so engaged, his license and shall exhibit the same on demand to any citizen of the Township.

§ 4-3.8 Impeding Traffic Prohibited.

[Ord. #1674 § 1]

All vehicles, including wagons, carts, automobiles, trailers (automobile and motorcycle), and any other type vehicle, used by a licensee in carrying on the business of hawking or peddling, may be stopped on the streets, alleys or public places in which traffic may be impeded, only long enough to make a sale, and, in no case shall any hawker or peddler stop his vehicle on any street, alley or public place for a longer period of time than 15 minutes at any one time; and no hawker or peddler shall make repeated stops at the same point or in the immediate vicinity thereof. The provisions of this subsection as to time may be modified to less than 15 minutes by any member of the police division, department of public safety, if the operations of the hawker or peddler are impeding or inconveniencing the public or interfering with the normal flow of traffic on the public streets or highways of the Township.

No licensee shall canvass or solicit orders for any articles from pedestrians or vehicular traffic other than when his vehicle is properly parked immediately adjacent to the curb of a public street in a permitted locality and the licensee shall at no time double park when dealing with any of his trade and in no event shall transact business other than on the curb side of his vehicle.

§ 4-3.9 Application of License.

[Ord. #548 § 9]

This section shall apply to hawkers and peddlers who hawk and peddle in the Township under the authority of a veteran's or an exempt fireman's license in addition to the provisions set forth in the laws granting these licenses. The person so licensed shall apply at the office of the Township Clerk, where he shall be granted a hawker's or peddler's license without payment of any fee after he has shown to the clerk his veteran's or exempt fireman's license, and other required evidence that he is the person named in the license. It shall be the duty of the clerk to see that the licenses conform to the provisions of the laws governing the issuance of the veteran's or exempt fireman's licenses.

§ 4-3.10 Moratorium.

[Ord. #1962]

A moratorium is hereby declared upon the issuance of any further peddler and hawkers licenses for a period of two years from date herein enacted. At the conclusion of the two-year period the Belleville Township Council will review the available licenses and those actively engaging in business so licensed and will, at that time, make a judgment as to the continuation or suspension of said moratorium. This subsection shall take effect September 28, 1976.

§ 4-3.11 Moratorium Determination.

[Ord. #2038 §§ 1 — 4; Ord. #2144]

a. The two year moratorium on the issuance of hawkers and peddlers licenses as extended by Ord. #2038 adopted April 24, 1979, expired on April 24th, 1981. The Township Council has determined that it would be detrimental to the health, safety and welfare of the residents to permit additional hawkers and peddlers licenses in excess of the number of such licenses in existence as of April 10th, 1979.

b. Limit of Licenses. The number of hawkers and peddlers licenses issued shall hereafter be limited to the number in existence as of April 10th, 1979. Any voiding or nonrenewal of licenses will permit an issuance of only that number of licenses sufficient to equal the number in effect as of April 10th, 1979.

c. Prohibition Against Applications. No applications for a hawker or peddler license shall be received or granted if inconsistent with the terms of this section as amended, after the passage of said ordinance.

d. Effect. This ordinance is not intended to effect the rights of those persons controlled by N.J.S.A. 45: 24-9 et seq.

§ 4-4 LICENSING OF COIN-OPERATED VENDING MACHINES.

[Ord. #1319; Ord. #1830]

§ 4-4.1 License Required.

[Ord. #1319 § 1]

It shall be unlawful for any person to install coin-operated vending machines, or engage in the business of selling food or soft drinks at retail through coin-operated vending machines, without obtaining from the Township Council a license for that purpose.

§ 4-4.2 Sale of Milk Products.

[Ord. #1830 § 1]

It is unlawful for any person to install outdoors or on open air lots coin-operated vending machines used for sale of milk or milk products.

§ 4-4.3 Application.

[Ord. #1319 § 2]

Permission to install coin-operated vending machines may be granted by the Township Council upon application in writing. Application forms for such licenses shall set the name and address of the applicant, a list of the products to be vended, and the type of vending machines to be used. The health officer, or his representative, shall inspect and approve the machines and the food or drink listed on the application form, before any license is issued.

§ 4-4.4 Cleaning Machines.

[Ord. #1319 § 3]

Vending machines dispensing food products or soft drinks shall be maintained in a sanitary manner at all times. Where bulk food products or bulk soft drinks are vended, the applicant shall satisfy the health officer that adequate cleaning and sanitizing procedures are used. Where the vending machine shall be cleaned on location, there shall be evidence that adequate cleaning and sanitizing facilities are available for this purpose.

§ 4-4.5 Temperature.

[Ord. #1319 § 4]

All perishable food or drink requiring high or low temperatures, being dispensed through coin-operated vending machines, shall be kept at or below 50° F. or above 150° F.

§ 4-4.6 Identification of Machines.

[Ord. #1319 § 5]

All machines shall be identified by the licensee with the name and address of the licensee and the number of the license issued to the licensee.

§ 4-4.7 Location of Machines to be Noted.

[Ord. #1319 § 6]

All licensees shall supply the health officer with a list of the locations where vending machines, vending bulk food products, milk, soup, coffee, hot cocoa or chocolate, fruit juices, cake, pastry, pie, buttered popcorn, sandwiches and ice cream are located, or are to be located, for approval.

§ 4-4.8 Machines in State of Disrepair.

[Ord. #1319 § 7]

If, in the opinion of the health officer or his representative, any food or beverage vending machine is found to be in a state of disrepair, or so constructed or designed so that the contents are not properly protected from dust or contamination while stored in the machine, or while in the process of being dispensed, the machine shall be discontinued until the defects are corrected. If the licensee shall not discontinue when ordered by the health officer, the licensee shall be subject to prosecution under this section.

§ 4-4.9 Purpose of Section.

[Ord. #1319 § 8]

This section is for the purpose of regulation and shall in no way affect the fees as now provided in any other ordinances of the Township, but shall be in addition thereto.

§ 4-4.10 License Fee.

[Ord. #1319]

The annual license fee to install coin-operated vending machines is $10 for all types of food and beverage vending machines. However, where any of the following are vended by machine, there shall be an additional annual fee as established in subsection 4-1.19 for each machine vending the following: bulk soft drinks, bulk food products, milk, soup, coffee, hot cocoa or chocolate, fruit juices, cake, pastry, pie, buttered popcorn, sandwiches and ice cream.

§ 4-4A TOBACCO PRODUCTS.

[Ord. #2686]

§ 4-4A.1 Prohibition of Tobacco Vending Machines and Self-Service Tobacco Displays.

[Ord. #2686]

a. It shall be unlawful to offer for sale or sell tobacco through a tobacco vending machine in the Township of Belleville, unless such vending machine is equipped with a lockout device as defined herein.

b. Self-service tobacco displays are prohibited in all retail establishments.

§ 4-4A.2 Removal of Tobacco Vending Machines and Self-Service Tobacco Displays.

[Ord. #2686]

a. All tobacco vending machines and self-service tobacco displays made unlawful by the terms of this ordinance shall be removed within 30 days from the effective date hereof.

§ 4-4A.3 Definitions.

[Ord. #2686]

a. Health department shall mean the Township of Belleville Department of Health and Human Services, and may be referred to herein as the "department."

b. Health officer shall mean the Administrative Officer of the Township of Belleville, Division of Health.

c. Person shall mean any individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

d. Law enforcement officer shall mean any member of the Township of Belleville Police Department.

e. Lockout device shall mean a remote controlled device attached to a vending machine, requiring the remote activation of the vending machine prior to each sale, by an authorized employee or agent of a person or persons subject to this ordinance.

f. Self-service displays shall mean any rack, stand, or other display device from which a customer may take tobacco products directly with only payment to be made to the tobacco retailer.

g. Tobacco shall mean any product made from the tobacco plant for the purpose of smoking, chewing, inhaling or any other personal use including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.

h. Tobacco retailer shall mean any person or entity that operates a store, stand, booth, concession or other place at which sales of tobacco are made to purchasers for consumption or use. Tobacco retailer shall also mean a person or entity that owns, operates or uses a vending machine and/or a vending machine location.

i. Vending machine shall mean any automated, self service device which upon insertion of money, tokens or any other form of payment, dispenses cigarettes or any other tobacco products.

§ 4-4A.4 Enforcement.

[Ord. #2686]

a. Whenever the health officer or his designee or a law enforcement officer reasonably believes there exists a violation of this ordinance, such officer or designee may issue a summons and complaint not later than 60 days after the discovery of the alleged violation.

b. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the article and section of this ordinance alleged to be violated. The complaint shall be personally served or sent by certified mail to the alleged violator.

c. The health officer, designee, or law enforcement officer charged with enforcement of this ordinance, after giving proper identification, may inspect any matter, thing, premises, place, person, in order to investigate alleged violations of this ordinance as necessary.

d. Any citizen may bring a complaint against alleged violators of this ordinance in accordance with law.

§ 4-4A.5 Penalties.

[Ord. #2686]

a. Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this section shall upon conviction thereof pay a penalty of not less than $100 nor more than $1,000 for each offense. Complaints shall be made in the municipal court or before such other judicial officer having authority under the laws of the State of New Jersey.

b. Each day that a tobacco vending machine or self-service tobacco display remains on any premises shall constitute a separate and distinct offense.

c. The Township of Belleville Health Department may suspend the retail food establishment license of any person convicted of violation of this section for a period of not more than three days, pursuant to the authority of the health department to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c).

§ 4-5 REGULATION OF OPEN AIR AUTOMOBILE DEALERS.

[Ord. #706; Ord. #1504; Ord. #1795; Ord. #1800]

§ 4-5.1 Prohibition.

[Ord. #1800 § 1]

It shall be unlawful for any person to engage in the business of selling used motor vehicles on open air lots in the Township. This section shall not apply to any person who has, prior to May 13, 1968 complied with and has satisfied the requirements as set forth in subsections 4-5.2 and 4-5.3.

§ 4-5.2 Size of Lot.

[Ord. #1504 § 1; Ord. #1795 § 1]

No license shall be issued hereunder unless the premises has an interior lot which has at least 50 feet frontage and 100 feet depth. The area shall be used only for the purpose of selling used motor vehicles on the lot and no other business shall be permitted thereon. This subsection shall not apply to the selling of used motor vehicles by authorized dealers in new cars.

§ 4-5.3 Parking Regulation.

[Ord. #1795 § 2]

No motor vehicle or other object shall be exhibited, stored, parked or located under the license issued hereunder on any street or sidewalk or part thereof. The licensed premises shall at all times be subject to inspection by the Township Police Department.

§ 4-5.4 Purpose.

[Ord. #706 § 5]

This section was enacted as law for the purpose of raising revenue and regulating the business herein referred to.

§ 4-6 LICENSING OF PIN AMUSEMENT GAMES.

[Ord. #668; Ord. #743; Ord. #1014; Ord. #2019; Ord. #2039]

§ 4-6.1 License Required.

[Ord. #668 § 1]

No person shall operate, maintain or install in any store, building, public place, or in quasi-public place, wherein the public are invited or may enter in any bally-hoo device, so-called hi-score tables, and similar playing tables used indoors unless the person obtains a license for that purpose from the Township Council.

§ 4-6.2 License Information.

[Ord. #1014 § 1; Ord. #2019; 2039]

The license for the placing, operation, maintenance or use of such amusement devices or machines mentioned aforesaid shall be issued to and in the names of the proprietor of the premises where the machine is to be installed, for the year commencing January 1 and expiring December 31. The fee for the issuance of the license shall be $200 per year, or any part thereof, for every machine installed on the premises. The license shall be transferable to a similar device or machine provided however, that the license issued to the proprietor shall specifically state the number of machines which the proprietor shall be entitled to install and operate on the premises and provided further that the proprietor shall at no time maintain, operate, or install any machine in excess of the number licensed. The number of machines shall be limited to three in any single retail establishment. Each machine shall be individually licensed and a separate fee paid for each license issued.

Any licensee who has already paid the license fee of $500 for the current year shall be entitled to a $300 refund from the office of the Department of Revenue and Finance.

§ 4-6.3 Operation of Machines by Minors.

[Ord. #668 § 3]

No person shall knowingly permit a minor under 16 years to play or operate any of the machines or devices licensed hereunder.

§ 4-6.4 Gambling.

[Ord. #668 § 4]

No person shall use or permit to be used, any of the machines or devices licensed hereunder for the purposes of gambling.

§ 4-6.5 Location.

[Ord. #668 § 5]

No machine or device licensed hereunder shall be used, placed, maintained or operated in any premises within 200 feet of any school.

§ 4-6.6 Issuance of License Prohibited to Persons Convicted of Crimes.

[Ord. #668 §§ 6, 7]

No license shall be issued hereunder to any person who has been convicted of a crime, or who has been convicted of any offense against either the crime act of the State of New Jersey, the disorderly persons act, or against any Township ordinances, if the offense for which the applicant was convicted was one of gambling, and in the event the licensee shall, after the issuance of such license be convicted of any crimes or shall be convicted of the offense of gambling, under the crimes act, the disorderly persons act, or any such Township ordinance, then the license of such person shall be forthwith cancelled and all machines operated or controlled by the person shall thereafter be deemed to be operated in violation of this section.

§ 4-6.7 Purpose.

[Ord. #668 § 12]

This section is for the purpose of raising revenue and regulating the business hereinabove referred to.

§ 4-6.8 Other Devices to be Licensed.

[Ord. #743 §§ 1, 2]

No person shall operate, maintain or install in any store, building, public place, or in quasi-public place, wherein the public are invited or may enter any device similar to the device commonly called skee-ball, ally-ball or any other amusement device for which a fee is paid by the player, either by means of a slot machine or by payment to the proprietor, excepting devices mentioned in subsection 4-6.1 which shall continue to be controlled by other subsections, unless the persons obtain a license for that purpose from the Township Council. Pool tables and bowling alleys are expressly excepted from the provisions of this section. The license fees for the devices listed herein shall be $10 per year, payable on January 1.

§ 4-6.9 Limitation of Establishment.

[Ord. #1014 § 13]

No license shall be issued hereunder for machines to be installed or used in establishments holding alcoholic beverages licenses of any kind or nature, eating places of any kind whatsoever, confectionery stores, or candy stores.

§ 4-7 LICENSING BILLIARD ROOMS AND OTHER GAMES OF SKILL.

[Ord. 9/2/30; Ord. #1871]

§ 4-7.1 License Required.

[Ord. 9/2/30 § 2]

No person shall pursue the business or occupation of keeping any billiard room or pool room or bowling alley, miniature golf course indoor or outdoor, or golf driving course or such other places wherein other games of skill may be carried on and conducted for revenue in the Township, unless the proprietor thereof shall obtain from the Township Council a license to carry on and conduct the same, and pay the amount of license fee therefor as herein fixed to the Township Clerk.

§ 4-7.2 License Fees.

[Ord. #9/2/30 § 2]

The fees to be paid for such licenses to carry on the businesses listed in subsection 4-7.2 or such other places wherein other games of skill may be carried on or conducted as aforesaid, are hereby fixed as follows:

a. Billiard rooms and pool rooms, the sum of $50 for the first table and $10 for each additional table.

b. Bowling alley, the sum of $50 for the first six alleys and $10 for each additional alley.

c. Miniature golf course indoor or outdoor, or golf driving course, the sum of $100, or such other places wherein other games of skill may be carried on or conducted, the sum of $10.

The license fees as herein and hereby fixed are imposed for revenue.

§ 4-7.3 Issuance and Revocation of Licenses.

[Ord. #9/2/30 § 4]

All licenses herein provided for shall be granted by the Township Council in their discretion and shall be issued by the Township Clerk and all licenses shall terminate on January 1 of each year and to be for the calendar year issued unless sooner revoked. All licenses shall be issued for a full fee as set forth herein above, whether they are for a full year or any part thereof, and all such licenses shall be signed by the Mayor and Township Clerk. Such licenses shall bear the date of issuance, name of the person to whom issued and the purpose for which they are severally issued, and the location where the licensee is authorized to conduct and carry on any such business. The license shall not be transferable or valid to authorize the licensee to carry on or conduct the business in any place or location other than that known and set forth in such license. The Township Council shall have power to revoke any such license in their absolute discretion, with or without a hearing to the licensee, and in case the Council shall determine that there is reasonable cause to revoke such license and shall in their discretion grant a hearing, they shall cause a notice to be served in writing upon the licensee or other person in charge of the licensed place, citing them to appear before such board at such time and place as may be designated, to show cause why such license should not be revoked.

§ 4-7.4 Display of License.

[Ord. #9/2/30 § 5]

The license herein provided for shall be posted and displayed in a conspicuous place in every such billiard room, pool room, bowling alley, miniature golf course, indoor or outdoor, or golf driving course or such other place wherein games of skill may be carried out or conducted as aforesaid, licensed under the provisions of this section.

§ 4-7.5 Hours of Operation.

[Ord. #1871]

Every billiard room, pool room, miniature golf course, indoor or outdoor, or golf driving course or any such other place wherein games of skill may be carried on or conducted as aforesaid, shall be closed at 2:00 a.m. every night and shall remain closed until 7:00 a.m.

§ 4-8 DELIVERY OF LIQUID AND SOLID FUELS.

[Ord. #663]

§ 4-8.1 License.

[Ord. #663 § 1]

It is unlawful for any person actually engaged in the physical delivery of solid fuels to residential buildings in the Township, unless the person obtains a license for such purpose from the Township Council.

§ 4-8.2 License Information; Fee and Display.

[Ord. #663 § 2]

Every applicant for such license shall furnish to the Township Clerk three photographs of the applicant, one to be retained by the Township Clerk, one to be attached to the license when issued, and one to be furnished to the Chief of Police. The applicant shall before receiving the license furnish his fingerprints to the Chief of Police. The fee for each license granted shall be the sum of $1. Every person so licensed shall at all times while engaged in the delivery of solid fuels in the Township carry on his person the license.

§ 4-8.3 Names of Persons Engaged in Business.

[Ord. #663 § 3]

It is unlawful for any person to engage in the business of solid fuel dealers to residential buildings or delivery of solid fuels to residential buildings within the Township without first filing with the Township Clerk a list containing the names and addresses of all persons employed by or associated with such person, actually engaged in the physical delivery of solid fuels in the Township.

§ 4-8.4 Times of Delivery.

[Ord. #663 § 4]

No person shall cause solid fuels to be delivered to any residential buildings except between the hours of 7:00 a.m. and 6:00 p.m. and such delivery is prohibited on Sundays.

§ 4-8.5 Purpose.

[Ord. #663 § 5]

This section is for the purpose of regulation and shall in no way effect the fees as now provided in other ordinances in the Township, but shall be in addition thereto.

§ 4-9 JUNK SHOPS AND DEALERS.

[Ord. #673]

§ 4-9.1 License Required.

[Ord. #673 § 1]

It is unlawful for any person, to keep, maintain or operate what is commonly known as "junk shops" for the purpose of purchasing, selling or storing old rope, old iron, brass, copper, tin, lead or other material commonly known as junk, (excepting old auto cars and other abandoned, or nonusable motor vehicles or parts thereof), without obtaining a license therefor, in accordance with this section.

§ 4-9.2 Further Required.

[Ord. #673 § 2]

It is unlawful for any person to pursue or carry on the business or occupation of junk man dealing in any of the articles referred to subsection 4-9.1 without obtaining a license therefor in accordance with the provisions of this section.

§ 4-9.3 Application Information.

[Ord. #673 § 3]

Applications for licenses to be issued hereunder shall be filed on a form to be furnished by the director of the Department of Public Safety, which form shall, under oath show the name of the applicant, post office address, whether or not the applicant has ever been convicted of a crime or the violation of any Township ordinance, and show any other information the Director of the Department of Public Safety of the Township shall deem necessary or proper for the consideration of the Township Council. Every application for a junk shop shall be accompanied by three photographs of the exterior of the junk shop, together with photographs of interior views of every room of the junk shop. 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. The annual license fee for licenses issued hereunder shall be $50. All such licenses shall expire annually on December 31. Such licenses may be issued for part of any year on payment of one-half of the license fee after July 1, in any such year. Any license may be revoked at the option of the Township Council for good cause on complaint, after due notice thereof and a hearing thereon.

§ 4-9.4 Issuing Authority.

[Ord. #673 § 4]

Junk shop and junk dealer licenses shall be issued by the Township Council, which licenses shall be issued in the case of junk shops by the Township Council, when in their discretion the applicant shall satisfactorily show that the location of such junk shop is situated so that the public health will not be affected by the storage of junk on the premises to be used as a junk shop to the satisfaction of a majority of the Township Council. No license shall be issued for junk shops in localities which are residential or semi-residential in character. Such licenses shall be issued for junk dealers who do not maintain junk shops in the Township by the Township Council, when in their discretion they deem the applicant to be a proper person to conduct the business of junk dealer.

§ 4-9.5 Rules.

[Ord. #673 § 5]

All licenses issued hereunder shall at all times be subject to such reasonable rules as may be made by the Township Council for the proper operation and regulation of the places and business named in such license.

§ 4-9.6 Fencing of Property.

[Ord. #673 § 6]

Any junk shop which may be conducted on any premises in the Township shall be fenced in a suitable fence the height, set back and construction of which shall be approved by the Township Council.

§ 4-9.7 Location Limited to That on License.

[Ord. #673 § 7]

No license issued hereunder shall entitle such licensee to operate thereunder at, in or on any other lot, building or location than that which is specified in the license.

§ 4-9.8 Pledging or Pawning Prohibited.

[Ord. #673 § 8]

No licensee hereunder shall receive in the line of his business any article of thing by way of pledge or pawn, nor shall be advance any sum of money on the security of any such article or thing.

§ 4-9.9 Purchasing from Minors Prohibited.

[Ord. #673 § 9]

No junk dealer nor keeper of a junk shop or yard shall receive or purchase any goods, article or thing whatsoever, from any minor or apprentice.

§ 4-9.10 Receiving Lost or Stolen Goods.

[Ord. #673 § 10]

Every licensee hereunder who shall receive or be in possession of any goods, articles or things which may have been or are lost or stolen, on demand to view the same, present the same to the Commissioner of Public Safety or to the Township police authorities.

§ 4-9.11 Vehicles to be Used.

[Ord. #673 § 11]

Every person so licensed keeping a cart, wagon, truck or vehicle for the purpose of collecting the junk articles above mentioned in the Township, shall first apply to the Commissioner of Public Safety for such privilege, and shall pay the sum of $25 for each cart, wagon, truck, or vehicle provided, also that any licensee using any such cart, wagon, truck or vehicle, or who shall authorize the same to be used, shall cause to be painted on the outside of same the name of the licensee at length and the street and number of the licensee's place of business in plain letters. The letter shall not be less than 2 1/2 inches in length.

§ 4-9.12 Display of License.

[Ord. #673 § 12]

Every person engaged in drawing or driving any cart, wagon, truck or vehicle for the purpose of collecting junk, old rope, old iron, brass, copper, tin, lead or other metals, rags, old bottles and such like, shall at all times carry with him when so engaged, the license issued for the cart, wagon, truck or vehicle, whereby such conveyance is authorized, and shall exhibit the same on demand to any police officer of the Township.

§ 4-9.13 Objects Prohibited from Being on Sidewalk.

[Ord. #673 § 13]

No junk, old rope, old iron, brass, copper, tin, lead or other metal, rags, old bottles and such like shall be kept on any sidewalk of the Township, or in front of the place of business conducted by the licensee as a junk shop.

§ 4-9.14 Hours of Operation.

[Ord. #673 § 14]

No junk dealer nor keeper of a junk shop or yard shall receive or purchase in the way of his business any goods, article or thing whatsoever from any person between the setting of the sun and 7:00 a.m.

§ 4-9.15 Records to be Kept.

[Ord. #673 § 15]

Every keeper of a junk shop or yard shall provide and keep a book in which shall be fairly written at the time of each purchase, a description of the article so purchased, the name and residence of the person from whom such purchase was made, and the day and hour of such purchase.

§ 4-9.16 Inspection of Records.

[Ord. #673 § 16]

Every such book and every such place of business shall at all reasonable times, be open to the inspection of the Mayor and Council, the Chief of Police, any police officer, to any person who may be duly authorized in writing for that purpose by any of the aforesaid officials, such person exhibiting to the licensee his authority therefor.

§ 4-9.17 Signs.

[Ord. #673 § 17]

Every keeper of a junk shop or yard licensed as aforesaid shall have and keep a sign on the outside and in front of this shop or place used by him for carrying on all such business on which shall be plainly set forth in conspicuous letters his name and his licensed business.

§ 4-9.18 Persons Licensed to be Limited.

[Ord. #673 § 18]

No person (except such as are duly licensed, or who are in the regular employ of such licensee) shall maintain such junk shop or yard, nor draw nor drive nor cause to be drawn nor driven, any vehicle for the aforesaid purpose, and no more than one person shall be allowed on any such vehicle.

§ 4-10 POSTING OF HANDBILLS.

[Ord. #163; Ord. #174C ; Ord. #296; Ord. #1207]

§ 4-10.1 License Required.

[Ord. #163 § 1]

No person shall engage in the distributing or circulating of bills, or cards, sign advertising, posters, circulars printed or engraved notices and advertising matter in the Township, except such notices as by law are required to be posted without securing from the Township Council a license for that purpose.

§ 4-10.2 Fees Required.

[Ord. #296 § 2]

Any person who is a citizen of the United States may be licensed by the Township Council to engage in the posting or distribution of bills or cards, sign advertising, posters, circulars, handbills, samples, or in the display or distributing of any other printed or engraved notices and advertising matter; but any person, other than a taxpayer of the Township, who shall be engaged in the business of posting or distributing bills, cards, sign advertising, posters, circulars, handbills, samples or the displaying or distributing of any other printed or engraved notices and advertising matter, shall pay a fee for the license of $10, which license shall continue until January 1 following the issuance thereof; provided that any taxpayer of the Township shall be charged for the license the sum of one $1.

§ 4-10.3 Display of License.

[Ord. #163 § 3]

Any licensee herein or his agents while engaged in any of the acts authorized herein shall carry with him the authorization and shall show the same, upon demand, to any official of the Township.

§ 4-10.4 Littering Prohibited.

[Ord. #163 § 4]

No person shall scatter, or throw or place upon the streets, sidewalks, or other public or private places, in the Township, posters, or bills, advertisements or paper to litter resulting therefrom; nor create any obstruction by or in the performance of any act authorized herein.

§ 4-10.5 Exceptions from Licensing.

[Ord. #163 § 5]

Nothing herein contained shall be construed as to prevent any person residing or transacting business in the Township from displaying signs and posters upon the buildings or premises occupied by any such person and nothing herein shall apply to or effect the issue of any newspaper, periodical, book or other publication and the circulation and sale thereof, by mail or by regular carrier or by news vendors in the course of trade, or the production of printed or engraved matter by any printing establishment or the display of advertisements in any public conveyance.

§ 4-10.6 Permit for Billboard.

[Ord. #1207 § 2]

No billboard is to be erected unless a permit for the erection is first obtained from the building inspector.

§ 4-10.7 Purpose of Fees.

[Ord. #174C § 9]

The fees hereby fixed for the issuance of such licenses are imposed for revenue and all licenses shall expire on December 31 following the date of issuance unless sooner suspended or revoked or issued for a shorter period.

§ 4-11 DANCE HALL PERMITS FOR PLENARY RETAIL LIQUOR ESTABLISHMENTS AND ESTABLISHMENTS POSSESSING A CLUB LICENSE. [1]

[Ord. #2871]

[1] Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 651 and 2024.

§ 4-11.1 License Required.

[Ord. #2871]

a. All establishments within the Township having a plenary retail liquor license or club license shall secure a license to permit dancing of any type within the premises.

b. Any person desiring a license under this section shall file with the Township Clerk an original and four copies of an application, under oath, in writing, on a form furnished by the Township Clerk.

c. The application shall set forth the following information:

1. The applicant's name, business name and business address.

2. Whether the applicant is an individual, a partnership, a corporation or another entity and, if another entity, a full explanation and description thereof.

3. If the applicant is an individual, the applicant's residence address and date and place of birth.

4. If the applicant is a partnership, the full names, residence addresses, dates and places of birth of each partner.

5. If the applicant is a corporation, the full names, residence addresses, dates and places of birth of each major officer and each stockholder, the name and address of the registered agent and the address of the principal office (the term "stockholder," as used herein means and includes any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation); if the applicant is another entity, the full names, residence addresses, dates and places of birth of each person owning or having any interest, either legal or equitable, aggregating in value 10% or more of the total capital of said entity, the name and address of the registered agent, if any, and the address of the principal office.

6. Whether the applicant or any partners, major officers or stockholders thereof have ever been arrested or convicted of a crime and, if so, the name of the person arrested or convicted, the date of arrest, the crime or charge involved and the disposition thereof.

d. Definitions. As used in this section, the following terms shall have the meanings indicated:

DANCE HALL

Shall mean and include a bar, restaurant, assembly room, ballroom, hall, area or other like place used for the purpose of social, disco, ballroom or other forms of dancing, regardless of whether or not a fee or charge is made, either upon entering the premises or per dance. Such term shall not mean or include an assembly room used primarily for the purpose of giving instructions in dancing nor any premises of a bona fide public or parochial school, civic center, religious, charitable or veterans organization wherein social dancing is conducted unless it is a plenary retail liquor licensee.

HALL

Shall mean and include an assembly room used for the purpose of meeting or entertainments.

§ 4-11.2 Investigation of Application; Issuance of License.

[Ord. #2871]

a. Upon receipt of such application, the Township Clerk shall submit the same to the Police Department, Fire Department, Building Department and Health Department for reports with reference to the compliance or noncompliance of the licensed premises with municipal and State rules, regulations, statutes and ordinances; the truth of the matter contained in the application; a copy of any police record which the applicant, any partner, office or stockholder thereof may have; such other facts as may apply to the applicant's character and business responsibility; and such facts concerning the application as may relate to the good government, order and protection of persons and property and the preservation of the public health, safety and welfare of the Township of Belleville and its inhabitants.

b. Upon receipt of such application and reports, the Township Clerk shall submit the same to the municipal Township Council for its consent and approval to the issuance of the license for which application is made.

c. The Township Council shall consent to and approve the issuance of such license unless it reasonably finds that the applicant's character and business responsibility are not satisfactory; that a violation of municipal or State rules, regulations, statutes and ordinances exist; that untrue matters are contained in the application for such license; that the issuance of such license will tend to create a nuisance; or that the issuance of such license will adversely affect the good government, order and protection of persons and property and the preservation of the public health, safety and welfare of the Township of Belleville and its inhabitants. The Township Council shall determine that the applicant's character and business responsibility are satisfactory unless the application, the reports of the various departments or other evidence presented shall tangibly disclose any of the following:

1. Conviction for a crime involving moral turpitude.

2. Prior violations of statutes, ordinances or regulations relevant to the keeping of any hall or dance hall.

3. Conviction for a crime or disorderly persons offense involving gambling.

4. Evidence of bad character.

5. Grounds similar to those listed above which would reasonably cause the municipal Township Council to determine that the character and business responsibility of the applicant or any partner, office or stockholder thereof are not satisfactory.

§ 4-11.3 Applicant for Dance Hall License to Notify Property Owners.

[Ord. #2871]

No license shall be granted to carry on and conduct a dance hall unless the applicant for such license shall first give notice, in writing, of his intention to apply for such license, to all owners of property within 200 feet of the premises where such dance hall is to be carried on and conducted, and file with the Township Clerk an affidavit of service of such notice. Notice may be served upon the property owner whether personally or by registered or certified mail, addressed to the last known address.

§ 4-11.4 License Fees.

[Ord. #2871]

a. The annual fees for licenses or renewals of license issued under this section due and payable shall be as follows:

1. Bar: $50 per annum.

2. Restaurant: $50 per annum.

3. Hall: $50 per annum.

4. Dance Hall: $50 per annum.

5. Bowling Alley: $50 per annum.

§ 4-11.5 Revocation of License.

[Ord. #2871]

Any license issued under this section may be revoked by the Township Council. If the Township Council shall determine that there is reasonable grounds being the same grounds upon which the Township Council may refuse to consent to and approve the issuance of such license as set forth in subsection 4-11.3 above, it shall cause a notice to be served, in writing, upon the licensee, or other person in charge of the licensed place, citing him to appear before the Township Council at the time and place designated in the notice, to show cause why such license should not be revoked. Notice may be served upon the licensee by personal service or by registered or certified mail addressed to the licensee's last known address. The licensee shall be afforded a hearing before the Township Council, prior to the final revocation of his license.

§ 4-11.6 Violations and Penalties.

[Ord. #2871]

Anyone who violates any provision of this section who shall, upon conviction thereof, be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days or both. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

§ 4-11.7 Additional Penalties.

[Ord. #2871]

The violation of any provision of this section by a holder of a plenary retail liquor license shall subject the violator to a revocation of its plenary retail liquor license in addition to any other penalty provided for hereunder.

§ 4-12 SALE OF CHATTELS OF EVERY KIND.

[Ord. #625; Ord. #630]

§ 4-12.1 License Required.

[Ord. #625 § 1]

It is unlawful for any person to engage in the sale of meats, groceries and provisions, dry goods and merchandise, and goods and chattels of every kind in the Township without obtaining from the Township Council a license to do so and having first paid a fee of $1.

§ 4-12.2 Change of Ownership.

[Ord. #625 § 2]

In the event of change of ownership of any of the aforesaid businesses, the new owner shall, before engaging in the business, obtain from the Township Council a permit and pay a license fee as heretofore set forth.

§ 4-12.3 Change of Business.

[Ord. #625 § 3]

In the event of a material change or enlargement of the business, the owner shall obtain from the Township Council a new permit and pay the license fee therefor.

§ 4-12.4 Purpose.

[Ord. #625 § 4]

This section is for the purpose of regulation and shall in no way affect the fees as now provided in other ordinances of the Township but shall be in addition thereto.

§ 4-12.5 Exemption.

[Ord. #630 § 1]

All persons rendering professional services only are expressly exempted from the provisions of the within section.

§ 4-13 LICENSING OF RESTAURANTS.

[Ord. #134E; Ord. #122-0; Ord. #2663]

§ 4-13.1 Definitions.

[Ord. #122-0 § 1]

RESTAURANT

Shall mean any place where food or victuals are sold to be consumed on the premises and shall include coffeehouses, lunchrooms and lunch wagons.

§ 4-13.2 License.

[Ord. #134E § 2]

No person shall pursue the business or occupation of keeping any restaurant in the Township, until the proprietor obtains from the Township Council, as herein provided, a license to carry on and conduct same, and pays the amount of license fee therefor, as herein fixed, to the Township Clerk, provided that no license shall be granted to permit the location and operation of any lunch wagon on Washington Avenue, in the Township.

§ 4-13.3 License Fee.

[Ord. #122-0 § 3]

The fee to be paid for such license to carry on and conduct any restaurant is hereby fixed as established in subsection 4-1.19. The license fee as herein and hereby fixed is imposed for revenue.

§ 4-13.4 Validity of License.

[Ord. #122-0 § 4]

All licenses herein provided for shall be granted by the Township Council in its discretion, and when granted shall be issued by the Township Clerk and all such licenses shall be valid for the period of one year from the date of issuance or for such shorter period as the Township Council shall in its discretion designate, as shown thereon unless sooner revoked. All such licenses shall be signed by the Mayor and the Township Clerk. The licenses shall bear the date of issuance, the name of the person to whom issued, and the purpose for which issued, and the location of the room or building wherein the licensee is authorized to carry on and conduct such business; and they shall not be transferable or valid to authorize the licensee to carry on or conduct such business in any place or location other than that shown and set forth in such license; and the Township Council shall have the power to revoke any such license and in case the Township Council shall determine that there is reasonable cause to revoke any such license, it shall cause a notice to be served in writing upon the licensee or other person in charge of the licensed place, citing them to appear before it at such time and place as it shall designate, to show cause why such license should not be revoked, and such licensee shall be afforded a hearing by the Township Council prior to the final revocation of license.

§ 4-13.5 Display of License.

[Ord. #122-0 § 5]

The license herein provided for shall be posted and displayed in a conspicuous place in every restaurant licensed.

§ 4-13.6 Licensing of Sidewalk Cafes.

[Ord. #2663; Ord. #3426]

a. Definition: Sidewalk cafe shall consist of tables and chairs for the service of food and beverages in an area adjacent to the existing restaurant, separated from the remaining public easement by markers such as removable rails, ropes or planters.

b. License. The Mayor and Council of the Township of Belleville are hereby authorized to grant licenses by resolution to owners of restaurants holding restaurant licenses within the Township upon submission of an application accompanied by a certificate of insurance as provided for herein and a $50 licensing fee. The Mayor and Township Council shall issue or deny licenses by their unlimited discretion as they deem appropriate with consideration of the location, pedestrian and vehicle traffic, design, record of applicant, public safety, health and welfare. Such licenses must be renewed annually after resubmission of the certificate of insurance and fee.

c. Insurance. The issuance of such license is conditioned upon the filing of a certificate of liability insurance in the minimum amount of $500,000 to be filed with both the Township Clerk and Building Inspector, naming the Township of Belleville as additional insured. Said policy must be kept in full force and effect during the erection of the sidewalk cafe and thereafter. In the event the licensee fails to maintain the aforesaid insurance, then the sidewalk cafe shall be immediately removed by the owner and the license revoked. In the event the owner refuses to remove the sidewalk cafe, the building inspector shall have the authority to remove the cafe and assess the cost of removal to the owner or licensee.

d. Location and Dates/Hours of Operation. No sidewalk cafe shall be permitted to project into any sidewalk more than half of the width of said sidewalk or six feet, whichever is less, but in no case shall extend so far as to leave less than four feet for the remaining pedestrian easement. Sidewalk cafes shall be erected in such manner as to be removable when not in hours of use causing no obstruction to pedestrian traffic. The sidewalk cafe must be displayed in a conspicuous place for public notice. Operation of sidewalk cafes shall be permitted from April 15th through October 15th between the hours of 11:00 a.m. but not later than 10:00 p.m.

e. Regulations and Reservations. The building inspector is hereby authorized to regulate the construction standards and erection of sidewalk cafes. The Township of Belleville expressly reserves all rights, privileges and immunities concerning its public easement over the sidewalks within the Township limits without any waiver of such rights, privileges or immunities, whether express or implied. The Township of Belleville expressly reserves the right to require the removal of any sidewalk cafe or other obstruction on a public easement which may be improperly constructed or maintained or due to public safety, health or welfare grounds.

f. Alcoholic Beverages. Licensees shall be permitted to allow the consumption of alcohol or alcoholic beverages upon the sidewalk or public easement abutting the property of the licensee comprising the sidewalk cafe, in accordance with State and local laws, ordinances and regulations.

The sidewalk area upon which a cafe has been authorized to operate pursuant to this section may not have authorization for the sale and consumption of alcoholic beverages on their adjacent sidewalk. However, a restaurant, which has a plenary retail consumption license and a cafe permit is issued, must make an application for a person-to-person (extension of premises) alcoholic beverage control transfer to utilize the sidewalk. The transfer application must be approved by both the municipality and the State of New Jersey Division of Alcoholic Beverage Control, and then the sale and consumption of alcoholic beverages will be allowed. The municipality will require a fee of $250 yearly to utilize the sidewalk adjacent to their licensed premises for the sale and consumption of alcoholic beverages.

§ 4-14 LICENSING OF CARNIVALS. [1]

[Ord. #974; Ord. #991]

[1] Editor's Note: See also Section 4-28.

§ 4-14.1 License Required.

[Ord. #991; Ord. #974]

No person shall conduct a carnival in the Township without first obtaining from the Township Council a license.

§ 4-14.2 License Fee.

[Ord. #991; Ord. #974]

That the license fee for conducting such carnival shall be $1,000 per day, and that such fee shall be imposed for revenue as well as regulation.

§ 4-14.3 Bond.

[Ord. #991; Ord. #974]

Before such carnivals shall operate in the Township, the person receiving license for the operation of carnival shall submit a bond in the sum of $30,000. The bond shall be in force for a period of 60 days as evidence that the licensee is financially able to meet a claim for damages incurred by reason of accidents during the operation of such carnival. The bond shall be approved as to form by the Township Council.

§ 4-15 GARAGE SALES.

[Ord. #1961]

§ 4-15.1 Definitions.

[Ord. #1961]

a. Garage sales shall mean and include all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," or "flea market sale" or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale.

b. Person shall mean and include individuals, and/or household entity, partnerships, voluntary associations and corporations.

§ 4-15.2 Permits and Fees.

[Ord. #1961; Ord. #3225]

It shall be unlawful for any person to conduct a garage sale without first filing with the Building Inspector or Licensing Officer of the Township the information herein specified and obtaining a license so to do to be known as a "garage sale license." The fee shall be $10 for each license.

§ 4-15.3 Issuance; Time.

[Ord. #1961; Ord. #3262]

a. Such licenses shall be issued to any one person only twice within a twelve-month period and no such license shall be issued for more than three consecutive calendar days. Charitable and religious and civic organizations may be allowed more than two licenses with the approval of the Township Manager. Each license issued under this section must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the garage sale.

b. The Township of Belleville Board of Education is permitted to conduct flea markets on its premises on a monthly basis, 12 months per year, effective immediately upon its filing for a permit pursuant to subsection 4-15.4.

§ 4-15.4 Information to Be Filed.

[Ord. #1961]

The information to be filed with the Building Inspector or Licensing Officer pursuant to this section shall be as follows:

a. Name of person conducting sale.

b. Name of owner of the property on which the sale is to be conducted and consent of owner if applicant is other than owner.

c. Location at which sale is to be conducted.

d. Number of days of sale.

e. Date and nature of any past sale.

f. Sworn statement or affirmation by the person signing that information therein given is full and true and known by him to be so.

§ 4-15.5 Hours of Sale.

[Ord. #1961]

All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m.

§ 4-15.6 Signs.

[Ord. #1961; Ord. #3421]

All signs displayed in connection with garage sales are to be no larger than one feet by two feet, no more than 20 signs can be displayed for one event, and that all signs are to be removed within 24 hours after the completion of the sale.

§ 4-15.7 Exemptions.

[Ord. #1961]

The provisions of this section shall not apply to or affect the following persons or sales:

a. Persons selling goods pursuant to any order or process of a court of competent jurisdiction.

b. Persons acting in accordance with their powers and duties as public officials.

c. Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business within a commercial zone within the Township provided that there are provisions for off-street parking for at least 10 vehicles at the business establishment.

§ 4-15.8 Regulations.

[Ord. #1961]

No display of items for sale at any garage sale shall be displayed on the sidewalk or in that area between the residence of the applicant and the sidewalk, but shall be displayed behind the building line of the premises at which the garage sale is to be held.

§ 4-15.9 Enforcement.

[Ord. #1961; Ord. #3421]

This section shall be enforced by the Police, the Building Inspector and Licensing Officer and Sanitation Inspector of the Township who shall investigate any violations of this section coming to their attention whether by complaint or arising from their personal knowledge and if a violation is found to exist, the licensing officers, and/or Sanitation Inspector, shall prosecute a complaint before the local municipal court pursuant to the provisions of this section. The person to whom such license is issued and the owner or tenant of the premises on which such sale or activities is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of the sale or activity. No such person shall permit any loud or boisterous conduct on the premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the reasonable order of any member of the Police or Fire Departments of the Township in order to maintain the public health, safety and welfare.

§ 4-15.10 Penalty.

[Ord. #1961; Ord. #3421]

Any person conducting any such sale or similar activity without being properly licensed therefore, or who shall violate any of the other terms and regulations of this section, shall upon conviction, be fined not less than $50 or be imprisoned for a period not to exceed 10 days for each violation. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.

§ 4-16 GAMES OF CHANCE ON SUNDAY.

[Ord. #2122]

§ 4-16.1 Definitions.

[Ord. #2122 § 1]

The following words and terms, when used in this section, shall have the following meaning unless the context clearly indicates otherwise:

a. Bingo shall mean a specific kind of game of chance played for prizes with cards bearing numbers, or other designations, five or more in one line, the holder covering numbers, as objects, similarly numbers are drawn from a receptacle and the game being won by the person who first covers a previously designated arrangement of numbers on such card, by selling tickets or right to participate in such games.

b. Raffle shall mean a specific kind of game of chance played by drawing for prizes or the allotment of prizes by chance, by selling of shares or tickets or right to participate in such a game. Nothing contained in this section shall be deemed to authorize as a raffle the playing for money or other valuable thing at roulette wheels, at cards, dice or other game with one or more dice, having one or more figures or numbers, or at billiards, pool, tennis, bowling, or shuffle board, or A.B.C. or E.O. table, or other tables, or at faro bank, or other bank of a like nature by whatever name known; or with any slot machine or device in the nature of a slot machine, or any other instrument, engine, apparatus or device having one or more figures or numbers thereon.

§ 4-16.2 Authorization for Games of Chance on Sunday.

[Ord. #2122 § 2]

The Township is hereby authorized to issue a license allowing the holding, operating and conducting of games of chance of and restricted to, the specific kind of games of chance commonly known as bingo and raffles on the first day of each week, commonly referred to as Sunday.

§ 4-16.3 Application for License.

[Ord. #2122 § 3]

An application for a license to hold, operate and conduct games of chance shall be made pursuant to the requirement of N.J.S. 5: 8-1 et seq. and N.J.A.C. 13:47-1.1 et seq.

§ 4-16.4 Operation and Conduct.

[Ord. #2122 § 4]

The operation, conduct and supervision of such games of chance shall be as prescribed by the rules and regulations duly adopted from time to time by the Legalized Games of Chance Control Commission, and consistent with N.J.S. 5: 8-1 et seq. and N.J.A.C. 13: 47-1.1 et seq.

§ 4-17 SOLICITORS AND CANVASSERS.

§ 4-17.1 Definitions.

[Ord. #2111, § 1]

For the purposes of this section "Solicitor" or "Canvasser" shall mean any individual whether resident of the Township of Belleville or not, travelling by foot or any other conveyance from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of goods for future delivery or for services to be performed in the future, whether or not a sample is carried or displayed and whether or not advanced payments are collected; provided, however, that this provision shall not apply to wholesale salesmen calling on retail merchants.

§ 4-17.2 License Required.

[Ord. #2111, § 2]

It shall be unlawful to engage in the business of solicitor or canvasser without first obtaining a license therefor from the issuing officer.

§ 4-17.3 Application Information.

[Ord. #2111, § 3]

All applications for licenses shall be in writing on forms furnished by the issuing officer, signed by the applicant and presented to the issuing officer. The application shall state the full name, address or addresses of the applicant for the preceding three years; height, weight, and place of birth of the applicant; whether or not the applicant has been previously arrested or convicted of any crime, misdemeanor or violation of municipal ordinance, and, if so, the nature of such offense; and the punishment or penalty assessed therefor; the nature of the goods, wares or merchandise to be sold, offered for sale or to be purchased; the name and address of the applicant's employer, if any; the place where the goods to be sold or orders taken therefor are manufactured and produced, where such goods are located at the time the application is filed and the proposed method of delivery; a description of the vehicle to be used, if any; and the names of at least two property owners of the County of Essex and State of New Jersey who will certify as to the applicant's good character and business responsibility, or, in lieu of the names of reference, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigation to properly evaluate such character and business responsibility. The application shall be accompanied by a letter from the applicant's employer, if any, authorizing the applicant to act as a representative. The application shall also be accompanied by a two inch square (two inches by two inches) passport type photograph of the applicant taken within 60 days of the filing of the application. The application shall be further accompanied by a fee of $5 to cover the cost of investigation of the facts therein stated.

§ 4-17.4 Investigation; Fingerprinting; Endorsement.

[Ord. #2111, § 4]

Upon receipt of the application for a license, as herein provided, the issuing officer shall forthwith transmit same to the Chief of Police who shall take fingerprints of the applicant and forward such fingerprints to the Bureau of Investigation of the New Jersey State Police for report. The Chief of Police shall also cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good. If, as a result of such investigation, the applicant's character and business responsibility is found to be satisfactory, the Chief of Police shall endorse his approval on the application and return it to the issuing officer who shall issue the license. If, as a result of such investigation, the applicant's character and business responsibility is found to be unsatisfactory, the Chief of Police shall endorse his disapproval on the application, return it to the issuing officer and the license shall not be issued. In the event that the Chief of Police shall disapprove the application, the applicant shall have the right to appeal such action of the Chief of Police to the governing body, after public hearing being afforded to the applicant, affirm the action of the Chief of Police or reverse same and order the license to be issued by the issuing officer.

§ 4-17.5 Record List of Licenses.

[Ord. #2111, § 5]

The issuing officer shall keep an accurate list of all licenses issued pursuant to this section in a book for that purpose.

§ 4-17.6 License to be Worn as Identification.

[Ord. #2111, § 6]

The photograph of the licensee and all permits or licenses shall be placed in a transparent license or permit holder to be furnished by the Township and worn by the licensee on the lapel or other appropriate place on the outer garment at all times during which the licensee is engaged in canvassing or soliciting. The license holder shall be furnished by the Township at a fee of $2 which shall be returned to the licensee upon the return of the license and license holder. Upon the expiration of the license, the license and the license holder shall be returned to the Chief of Police or other officer in charge at police headquarters.

§ 4-17.7 License Expiration and Renewal.

[Ord. #2111, § 7]

All licenses issued pursuant to this section shall expire on January 15 of each year, provided, however, that licenses theretofore issued may be renewed for a further period of one year upon the written application of the holder of such license for a renewal of same made to the issuing officer. Such application shall set forth any changes or additions to the licensee's original application and shall be accompanied by a fee of $5 to cover the cost of investigation of the facts therein stated. The procedure to be followed with respect to an application for an original or first license as set forth in this section shall apply to an application for a renewal of such license to the extent that such procedure is applicable.

§ 4-17.8 Hours and Days Prohibited.

[Ord. #2111, § 8]

No license or permit shall be granted to canvass or solicit between the hours of 5:00 p.m. and 9:00 a.m. provided however, that no canvassing shall be permitted on legal holidays or Sundays.

§ 4-17.9 Compliance with Statutes.

[Ord. #2111, § 9]

The issuance of licenses hereunder shall be in strict compliance with New Jersey Revised Statutes 45:24-9 et seq.

§ 4-17.10 Exceptions for Charitable Campaigns.

[Ord. #2111, § 10]

The provisions of this section shall not apply to any charitable campaign to be conducted with the approval of the Governing Body.

§ 4-17.11 License Revocation.

[Ord. #2111, § 11]

A license issued pursuant to this section may be revoked by the Governing Body upon written complaint to it, and, after public hearing being afforded the licensee, and a determination by the Township Council that the licensee is guilty of fraud, misrepresentation or false statement in the license application or in the course of carrying on the business; any violation of this section; conviction of any crime or misdemeanor involving moral turpitude or conducting the licensed business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

§ 4-17.12 Severability.

[Ord. #2111, § 12]

The provisions of this section shall be severable and if any of the provisions hereof shall be held unconstitutional, the decision of the court respecting such provisions shall not affect the validity of any other provisions which can be given effect without such invalid provision or provisions.

§ 4-17.13 Violation and Penalty.

[Ord. #2111, § 13]

Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine not exceeding $200 and in default of payment thereof may be sentenced to imprisonment in the County jail for a term not exceeding 30 days. Every day on which such violation continues shall constitute a separate defense.

§ 4-18 PRECIOUS METALS, GEMS, OTHER METALS, GIFT CARDS AND SECONDHAND GOODS. [1]

[Ord. #2107]

[1] Editor's Note: Prior ordinance history-Ord. No. 2107.

§ 4-18.1 Findings and Intent.

[Ord. #3416]

a. The Township Council hereby finds that there is a need to regulate and control the buying, selling, advertising and/or solicitation of gold, silver and precious or semiprecious gems or jewelry in order to prevent the easy disposal of items which have been unlawfully obtained as the result of crime while protecting and recognizing the legitimate businesses which are engaged in the buying and selling of gold, silver and precious or semiprecious gems or jewelry.

b. The Township Council hereby finds that there is a need to regulate and control the buying and selling of other metals such as aluminum, copper, magnesium and ferrous which have been unlawfully obtained as the result of crime while protecting and recognizing the legitimate businesses which are engaged in the buying and selling of such metals in accordance with N.J.S.A. 45-28-1 et seq. and the rules and regulations promulgated thereunder.

c. The Township Council hereby finds that there is a need to regulate and control the buying, selling, advertising and/or solicitation of gift cards and secondhand goods which have been unlawfully obtained as the result of crime while protecting and recognizing the legitimate businesses which are engaged in the buying and selling of such cards and goods in accordance with N.J.S.A. 45:22-1 et seq. and the rules and regulations promulgated thereunder.

d. It is the intent of this section to assist law enforcement officials and victims of crime in recovering those items identified in paragraphs a, b or c above by requiring reasonable reporting, maintenance and distribution criteria for Buyers, Dealers and Transient Buyer as defined in this section.

§ 4-18.2 Definitions.

[Ord. #3416]

For the purposes of this section, the following terms, phrases, words and their derivations shall have the meanings ascribed herein. Words used in the present tense shall include the future, words in the plural number shall include the singular number and words in the singular number shall include the plural number. The word "shall" is always mandatory and not merely directory.

ACCEPTABLE IDENTIFICATION

Acceptable forms of identification include: a current valid photo New Jersey Driver's License or New Jersey Identification Card, a current valid photo driver's license issued by another US state, a valid United States Passport, or other verifiable valid US Government issued photo identification with address. All of the above listed acceptable identifications require the Dealer to capture/record evidence of the person's current address.

ARTICLE

Any article of merchandise, including any portion of such article, whether a distinct part thereof or not, including every part thereof whether separable or not, and also including material for manufacture. This term shall also include the definition of "article" as the same appears in N.J.S.A. 51:6-1, as that statute may be amended from time to time.

BUYER

Any person, partnership, corporation, sole proprietorship, association, or other entity, who or which, through any means, buys, transfers or obtains from consignment articles made of or containing gold, silver, precious or semiprecious metals or gems or jewelry, other metals, or secondhand goods as defined in this chapter, and includes anyone advertising the purchase or sale of any of the aforementioned items.

CHIEF OF POLICE

The Chief of Police of the Township of Belleville or his designee/representative.

DATABASE

A computerized interne capable database with hardware and software compliant with standards set by the Chief of Police.

DEALER

Any person, partnership, corporation, sole proprietorship, association, or other entity, who or which, through any means, buys, sells, transfers or obtains from consignment articles made of or containing gold, silver, precious or semiprecious metals or gems or jewelry, other metals, or secondhand goods as defined in this chapter and includes anyone advertising or soliciting the purchase or sale of any of the aforementioned items.

DESIGNATED VENDOR

A person or entity who is appointed or designated by the Chief of Police who is authorized to collect and maintain precious metal transaction information or other purchase information as defined herein, for the Township of Belleville.

EMPLOYEE

Any person working for a Buyer or Dealer, whether or not the person is in the direct employment of the Buyer or Dealer or works full time or part time, who handles gold, silver, precious or semiprecious metals or gems or jewelry, other metals, or secondhand goods for the Buyer or Dealer. Employee shall not mean a person employed by a bank, armored car company or other business entity acting in the sole capacity of bailee-for-hire relationship with a Buyer or Dealer.

GEM

Any precious or semiprecious stone or item containing a precious or semiprecious stone customarily used in jewelry or ornamentation.

GIFT CARD

Is a restricted monetary equivalent or scrip that is issued by retailers or banks to be used as an alternative to a non-monetary gift.

GOLD

Any article or product with a gold content, without regard to the fineness thereof.

ITINERANT BUSINESS

Any business conducted intermittently within the Township of Belleville or at varying locations.

MINOR

Any person under the age of 18 years.

OTHER METALS

Any item made of aluminum, copper, magnesium or other ferrous metals.

PAWN

A bailment of personal property as security for any debt or engagement redeemable upon certain terms and with the implied power of sale or default.

PERSON

Any individual natural person, partnership, joint venture, business, society, associate, club, trustee, trust, corporation, or unincorporated group, or an officer, agent, employee, servant, factor or any form of personal representative of any thereof, in any capacity, acting for self or on behalf of another.

PRECIOUS OR SEMIPRECIOUS GEM

Comprised of gold, silver, sterling, platinum and/or their alloys as defined in N.J.S.A. 51:5-1 et seq., N.J.S.A. 51:6-1 et seq. and/or N.J.S.A. 51:6A-1 et seq.; gems, gemstones, coins and all forms of jewelry herein contained. Not limited to those categories known as "diamonds, rubies, pearls and sapphires" and commonly called a "jewel."

PUBLIC

Individuals and retail sellers, not to include wholesale transactions or transactions between other merchants.

PURCHASE

Includes any exchange of gold, silver, precious or semiprecious metals or gems or jewelry, other metals, or secondhand goods as defined in this chapter for anything of value. A purchase or payment need not be made by way of money in order to constitute purchase for the purposes of this chapter. For purposes of this chapter a purchase may include an exchange, deposit, pledge, conveyance or trade of any tangible or intangible article.

REGULATED ACTIVITY

The purchase of any used item as defined in subsection 4-18.1a, b and c.

REPORTABLE TRANSACTION

Every transaction conducted by a Dealer in which precious metals, or other tangible property, are purchased or exchanged from or with the public.

SECONDHAND GOODS

Any article previously sold, acquired, exchanged, conveyed, traded or otherwise formerly owned, including but not limited to scrap gold, old gold, silver, jewelry, home electronics/audio and visual equipment, musical instruments, telephones and telephonic equipment, scales, computers, computer hardware and software, typewriters, word processors, scanners, sporting goods of all kinds, antiques, platinum, all other precious metals, tools of all kinds, televisions, DVRs, GPS, camcorders, car stereos, gift cards, furniture, clothing, collectibles (for example, stamps, coins, comic book, sport memorabilia) other valuable articles or as listed in Appendix I.

SELLER

Any person, partnership or corporation who or which, through any means, sells, transfers or offers by consignment gold, silver, precious or semiprecious metals or gems or jewelry or other metals as defined in this chapter.

SILVER

Any article or product with a silver content, without regard to the fineness thereof.

TRANSIENT BUYER

A Dealer who has not been in any retail business continuously for at least six months at that address in the municipality where the Dealer is required to register or who intends to close out or discontinue all retail business in the Township of Belleville within six months. The terms Transient Buyer will also include a Dealer who intends to close out or discontinue all retail business in the Township of Belleville within six months, or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1. Vendors doing business during a Community Event sponsored or sanctioned by the Township of Belleville shall not be considered a Transient Buyer for purposes of this section.

USED ITEM CONTAINING GOLD OR SILVER

Any item containing gold or silver previously sold, traded or transferred to a consumer for the personal use or enjoyment of such consumer.

§ 4-18.3 License Required.

[Ord. #3416]

No Buyer or Dealer shall engage in a regulated activity, as defined above, without having first obtained a license therefor from the Township Clerk, which license shall bear a number issued by the Township Clerk and shall be prominently displayed within the licensed premises. The requirement of a license shall apply to the Buyer and/or Dealer and to any individual employee who engages in a regulated activity on behalf of a Buyer or Dealer. Hereinafter the term "Licensee" shall refer to a Buyer, Dealer, Transient Buyer, or to any individual employee who engages in a regulated activity on behalf of a Buyer or Dealer.

§ 4-18.4 License Fees.

[Ord. #3416]

At the time of filing the application for a license, a non-refundable license fee of $200 shall be paid for the annual license for the premises where the activity is to be conducted, together with a fee of $100 for each person working under the premises license. Thereafter, the annual, non-refundable renewal fee for the premises will be $200 and for each person working under the premises license $100. Said license fee shall be in addition to any fee or cost associated with Dealers obligation to comply with subsection 4-18.11 mandating the electronic reporting of all transactions.

§ 4-18.5 Non-Transferability and Terms of License.

[Ord. #3416]

A licensed issued under the provisions of this section shall not be transferable and shall terminate in December 31st of the year in which said licensed is issued, unless it is renewed in accordance with and pursuant to the provision of this section.

§ 4-18.6 Application for License.

[Ord. #3416]

An application for a license shall be in writing on forms available from the Township Clerk. The application form and pertinent information required shall be developed by the Township of Belleville through its Police Department, and the application shall be amended from time to time as necessary in order to provide the necessary information required by the Police Department to comply with the intent of this section. The application shall provide the following information on said application:

a. Name and address of Licensee;

b. Address from which Licensee shall conduct business;

c. Copy of valid permit from the Township of Belleville; and

d. Proof that the Licensee has obtained computer equipment and software required in subsection 4-18.11, for purposes of reporting all transaction data in electronic format to the Belleville Police Department.

§ 4-18.7 Investigation of Applicant; Issuance or Denial of License; Appeal.

[Ord. #3416]

a. Upon receipt of an application completed pursuant to this section, the Clerk shall refer the application to the Chief of Police, who shall fingerprint the applicant and institute such investigation of the applicant's moral character and business responsibility as the Chief of Police deems necessary for the protection of the public welfare. In the event that the Licensee is a business entity other than a sole proprietorship, the officers in a corporation or the partners in a partnership (or limited partnership) shall be deemed to be the applicant(s) who shall be fingerprinted and investigated according to this section. Upon completion of the investigation, the Chief of Police shall return the application or a copy thereof to the Clerk accompanied by a recommendation as to whether the license should be issued or denied. Upon issuance of the license, the Clerk shall give the applicant a copy of this section.

b. If the recommendation of the Chief of Police is to deny the license, the grounds for the recommendation shall be stated in writing. Any person aggrieved by such denial may file a written appeal to the Township Council through the Township Clerk within 15 days from the date of denial. This appeal may be perfected by service of a Notice of Appeal on the Township Clerk either personally or by certified mail. The Township Council shall conduct a hearing on an appeal within 30 days of the Township Clerk's receipt of the filing of a Notice of Appeal, and a decision shall be rendered, in writing, on the appeal within 20 days of the close of the hearing. The Township Council may confirm or reverse the denial as deemed advisable.

c. As to any applicant for a license under this section, the Police Department of the Township of Belleville shall, upon the initial application, conduct a full state background investigation. The Chief of Police shall report the results of such investigation to the Township Council as soon as possible. With respect to subsequent renewals of the license, the Police Department shall conduct a background, investigation by applicant's name, social security number and date of birth for the purpose of the annual renewal of said application.

§ 4-18.8 Revocation of License; Hearing.

[Ord. #3416]

a. Any license may be revoked by Township Council for any violation of this section, in addition to any other penalty imposed for any violation. Any license may be revoked if the Licensee has failed to pay any fee or charge properly imposed under the authority of this section. Upon any violation, the Township Council may suspend a license upon written notice to the license holder. Upon receipt of the notice of suspension, the license holder may, within 10 days, file with the Township Clerk a written request for a hearing on the suspension before the Township Council. The hearing shall be held within 30 days of the request, at which hearing the license holder shall have the opportunity to be heard. At the conclusion of the hearing, the Township Council shall either revoke the license or shall reinstate the license. In the event that the license holder shall not request a hearing, the license shall be automatically revoked upon the expiration of 10 days after the notice of suspension has been given to the license holder.

b. Licenses issued under the provisions of this section may be revoked by Township Council, after a hearing and upon notice to the applicant, as set forth in subsection a above, for any of the following reasons:

1. Fraud, misrepresentation or false statement in the application for license.

2. Fraud, misrepresentation or false statement made in the course of carrying on the Regulated Activity of this section.

3. Any violation of this section, including but not limited to:

(a) Failure by the Licensee to enter all transaction information set forth in subsection 4-18.11b.1 through b.8 into the database within 24 hours after purchase, receiving for pawn, or receiving for consignment, any property, precious metals, metals, or second hand goods as defined in subsection 4-18.2 or as described in Appendix I, from the public.

Note: Appendix I is included as an attachment to this chapter.

(b) Failure by the Licensee to properly maintain computer equipment in a reasonable fashion or failure by the Licensee to replace faulty computer equipment such as is required under subsection 4-18.11c.

(c) Failure by the Licensee to admit to the premises during business hours any member of the Belleville Police Department or other sworn law enforcement officer acting in the performance of their duty or to permit such officer(s) to conduct an inspection or review of records or regulated activity in accordance with subsection 4-18.11e.

4. Conviction of any crime.

5. Conviction of any disorderly person's offense involving moral turpitude.

6. Conviction of an offense under the laws of the United States or any other state, which is substantially equivalent to the offenses named in paragraph b.4 or b.5 above, or

7. Conducting the Regulated Activity in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety and general welfare of the public.

§ 4-18.9 License Valid for One Place of Business Only and Non-Transferability.

[Ord. #3416]

No Licensee shall, by virtue of one license, keep more than one place of business for receiving or taking goods.

§ 4-18.10 Doing Business at Unlicensed Premises Prohibited.

[Ord. #3416]

No Licensee shall, at any time, do business at any place other than the place of business for which the license was granted.

§ 4-18.11 Record of Transactions to Be Maintained.

[Ord. #3416]

Every Licensee within the Township of Belleville shall, upon the purchase, receiving for pawn, or receiving for consignment, any property, precious metals, other metals, or second hand goods as defined in subsection 4-18.2 or as described in Appendix 1, from the public, shall be required to do as follows:

a. Record using a unique transaction number on a numbered receipt the name, address and telephone number of the purchaser; the name, address and telephone number of the seller or sellers; the time and date of the transaction; the net weight in terms of pounds Troy, pennyweight (Troy) or kilograms/grams of the precious metals; fineness in terms of karats for gold, and sterling or coin for silver, in accordance with N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq. and any property containing a serial number. This information is to be documented through use of an electronic database software system as designated by the Chief of Police the information listed in paragraphs b.1 through b.8. These records shall be subject to the inspection of any authorized police officer or any sworn law enforcement officer acting in the performance of their duty as set forth in paragraph e below.

1. Dealer shall be responsible for any and all costs associated with purchasing, maintaining and updating the electronic database software system, as well as any annual licensing or subscription fees. Said licensing and/or subscription fees associated with the electronic database software system shall be in addition to any other fees or costs required under this Ordinance. The cost will be a nominal yearly fee not to exceed $300 per year. Forms submitted under this section shall be kept confidential and are not public records.

b. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all transactions into the electronic database by noon next business day from the date of purchase or receipt of property for pawn, or consignment. The Chief of Police may promulgate rules and regulations that allow for the completion and filing of electronic forms and information. The information entered will contain the information in Subsection a above, plus the following:

1. The name, address, date of birth, telephone number and acceptable identification number of the seller.

2. The receipt number,

3. A full description of the item or items purchased, or pawned by the seller, including but not limited to, marks, numbers, dates, sizes, shapes, initials, monograms and serial numbers, face value and identifying numbers of gift cards;

4. The price paid for the item and the method of payment (such as, cash, check, trade, etc. . .);

5. The form must be signed by the seller;

6. The form must be legible bearing the name of the clerk or the Dealer who made the transaction so as to readily identify that individual;

7. A color photograph or color image of the seller's presented acceptable identification; and

8. A color photograph or color image of all items sold. When photographing or imaging all items must be positioned in a manner that makes them readily and easily identifiable.

c. In the event of a database failure, or Dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in paragraphs b.1 through b.8 into the database as soon as possible upon the Dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the Dealer to properly maintain computer equipment in a reasonable fashion, or failure by the Dealer to replace faulty computer equipment, may result in the Dealer being cited for a violation of the ordinance and subsequently being subject to the penalties for doing so including revocation of the Dealer's license under subsection 4-18.8.

d. Dealer payment to sellers in cash shall be limited to two transactions during a seven-day period for the same seller. The seven-day period will commence on the day of the first transaction and end seven days after the transaction, i.e. if transaction #1 occurs on Monday the seven-day period ends on Sunday. Furthermore, no cash payments shall be made to the same sellers who make more than five transactions in any given thirty-day period. Sellers making transactions over the number of proscribed weekly and monthly periods will be paid by the Dealer by means of a bank check drawn from the Dealer's business account.

e. It shall be the requisite duty of every Dealer, and of every person in the Dealer's employ, to admit to the premises during business hours any member of the Belleville Police Department or other sworn law enforcement officers acting in the performance of their duty to examine any database, book, ledger, or any other record on the premises relating to the purchase, receiving for pawn, or receiving for consignment, any property, precious metals, other metals, or second hand goods as defined in subsection 4-18.2 or as described in Appendix I, from the public. Belleville Police Officers or other law enforcement officers acting in the performance of their duty are empowered to take possession of any article known by the police officer or official to be missing or to have been stolen, or where the officer or official has reasonable suspicion to believe the article is missing or stolen. A receipt will be provided to the Dealer for any property seized by the Belleville Police Department or other law enforcement officer.

§ 4-18.12 Prohibited Transactions.

[Ord. #3416]

A Licensee shall not engage in Regulated Activity with any person under the age of 18 years, unless such minor is accompanied by a parent or guardian and said parent or guardian gives specific written consent to the transaction and acknowledges the receipt required by the buyer to be given to the seller. A Licensee shall not engage in Regulated Activity with any individual who is in an intoxicated state and/or is under the influence of intoxicating liquor, narcotics or hallucinogenic or habit-producing drugs.

§ 4-18.13 Minimum Retention of Articles for 45 Days.

[Ord. #3416]

All property purchased, received for pawn, or received for consignment, precious metals, other metals, or second hand goods as defined in subsection 4-18.2 or as described in Appendix I, from the public, are to be made available for inspection by the Chief of Police or any member of the Belleville Police Department or other law enforcement officer acting in the performance of their duty for a period of 45 days from the date the transaction information is reported to the Chief of Police in accordance with subsection 4-18.11 above. All property, precious metals, other metals, second hand goods as defined in subsection 4-18.2 or as described in Appendix I shall remain in the same condition as when purchased and shall not be sold or disposed of, changed, modified, or melted by the purchaser until the forty-five-day retention period has expired. During this forty-five-day retention period, all property, precious metals, other metals, second hand goods as defined in subsection 4-18.2 or as described in Appendix I shall be placed in public view at the licensed location where the transaction occurred between Licensee and Seller. Law-enforcement officers may require that an item be held for an additional 30 days beyond the requirements of this section if they know or have reason to believe that the property is missing or stolen.

§ 4-18.14 Surety Bond.

[Ord. #3416]

a. Every applicant shall file with the Township Clerk a good and sufficient surety bond, to be approved by the Township Solicitor, in the amount of $10,000 for each license sought, executed by a surety company authorized and qualified to do business in the State of New Jersey. The bond shall run to the Township of Belleville for the benefit of any person or persons, injured by any wrongful act, default, fraud or misrepresentation of any violation of this Chapter. Said bond shall contain the following language: "The obligation of this bond shall, in addition to the Township of Belleville, be and remain for the benefit of any person or persons who shall obtain a judgment against obligor, as a result of damage sustained in operation pursuant to any license granted under Section 4-18 of the Code of Township of Belleville."

b. The Surety Bond shall be kept for a minimum of one year from the date of issuance of license and must be renewed annually along with the license. The bond shall not be cancelled for any cause unless a Notice of Intention to cancel is filed at least 30 days before the requested cancellation date with the Township Clerk with copy of the Notice of Intention mailed to the Township Solicitor. The bond shall contain such a provision. The requirement of this section for obtaining a surety bond is in addition to any obligation imposed by the State of New Jersey upon a transient buyer of precious metals, pursuant to N.J.A.C. 13:47C-6.1.

§ 4-18.15 Non-Applicability.

[Ord. #3416]

a. This section shall not apply to purchases made by Dealers from wholesalers or other legitimate suppliers, but shall only apply to those purchases made from the public which includes other retailer sellers as defined in subsection 4-18.2. The Dealer shall keep records of all wholesale purchases for a period of six months from the date of such purchase, which records shall be opened to investigation by the Belleville Police Department of any sworn law enforcement officer in the performance of their duties.

b. The following are exempt from the requirements of this section.

1. Garage Sales: As used in this section, a garage sale is defined as the sale of used personal property by the lawful residents of residentially zoned property that is not conducted on a periodic or ongoing basis. A garage sale shall be deemed to be periodic or ongoing if a garage sale is held by the lawful resident of residentially zoned property more than five days in any consecutive ninety-day period;

2. Sales conducted by governmental, civic, patriotic, fraternal, educational, religious or benevolent organizations which have been in active and continuous existence for at least one year prior to the holding of the sale, or which are incorporated as a not for profit corporation by the State;

3. Sales or purchases which are regulated by the licensing laws of the State of New Jersey, including automobile dealers, used parts dealers and automotive parts recyclers;

4. Antique Dealers: As used in this section, an antique dealer is defined as one who derives 75% of his/her gross sales each year from the sale of antiques and/or primitives. As used in this section, an antique or primitive is defined as an old and valuable art object or article no longer in production that is at least 50 years old. As used in this section, the term "sale" does not include an exchange, trade, or swap of items.

§ 4-18.16 Violations and Penalties.

[Ord. #3416]

Any person, as defined above, who violates any provision of this section shall, upon conviction thereof, be subject to one or more of the following: a fine not exceeding $1,250 or imprisonment in the county jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, within the discretion of the Municipal Judge. A separate offense shall be deemed committed in each day during or on which a violation occurs or continues.

§ 4-18.17 Repealer, Severability and Effective Date.

[Ord. #3416]

a. Repealer. All ordinances or parts of ordinances inconsistent or in conflict with this section are hereby repealed as to said inconsistencies and conflicts.

b. Severability. If any section, paragraph, subdivision, clause or provision of this section shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, the order or judgment shall not affect or invalidate the remainder of any section, paragraph, subdivision, clause or provision of this section and, to this end, the remainder of this section shall be deemed valid and effective.

c. Effective Date. This section shall take effect immediately upon passage and publication according to law.

§ 4-19 MECHANICAL AMUSEMENT DEVICES.

[Ord. 4/12/83; Ord. #2072; Ord. #2072A; Ord. #2159]

§ 4-19.1 Definitions.

[Ord. #2072 § 1]

As used in this section, the following terms shall have the meaning indicated:

AUTOMATIC AMUSEMENT DEVICE (HEREINAFTER SOMETIMES REFERRED TO AS MACHINE)

Shall mean any machine which may be operated by the public generally for use as a game, entertainment or amusement whether or not registering the score, and whether the machine is coin operated, that being by the insertion of a coin, slug, token, plate or disc, or not. Examples of such a machine shall include but are not limited to devices such as pinball machines, bowling machines, mechanical grab machines, skee ball machines, pokerino machines, marble machines and all games, operations or transactions, similar thereto under whatsoever name they may be indicated.

PERSON

Shall mean any person, firm, partnership, corporation or association in whose place of business any machine heretofore defined is secured, placed, displayed, operated, maintained or used for public patronage or is placed or kept for operation by the public.

§ 4-19.2 License Required.

[Ord. #2072 § 1A]

No person shall secure, place, display, operate, maintain or use any machine for use by the public or for public patronage unless and until such person shall secure a license for the machine pursuant to the provisions of the within section.

§ 4-19.3 Application for License.

[Ord. #2072 § 2]

Application for a license shall be made to the Township Licensing Bureau upon forms to be supplied by the Township.

§ 4-19.4 Investigation of Applicant.

[Ord. #2072 § 3]

Before any license is issued hereunder, upon the filing of the application, the same shall be investigated and the premises inspected by the Chief of Police and such other person or agency as may be designated by the Township Council, who shall render a report of such investigation to the Township Council.

§ 4-19.5 Issuance of License.

[Ord. #2072 § 4]

The license for the securing, placing, display, operation, maintenance, or use of such amusement device or machine maintained aforesaid shall be issued to and in the name of the proprietor of the premises where the machine is to be installed.

§ 4-19.6 License Required for Each Machine.

[Ord. #2072 § 5]

A license shall be required for each machine secured, placed, displayed, operated, maintained or used within the Township of Belleville.

§ 4-19.7 License Transferable Upon Notice and Approval.

[Ord. #2072 § 6]

A license shall be transferable from one machine to another, within the term for which it is issued, provided, however, that any licensee desiring permission to effect such a transfer shall first give written notice to the licensing bureau to that effect.

§ 4-19.8 Licensing Fees; Expiration of License.

[Ord. #2072 § 7]

The fee payable for the issuance of a license shall be $200 for each machine licensed for a period of one year or any part thereof and all licenses shall expire at 12:00 midnight on December 31, next succeeding the date of issuance thereof, and all renewal fees shall be paid not earlier than January 2 and not later than January 15.

§ 4-19.9 Issuance or Display of License.

[Ord. #2072 § 8]

Each license shall be posted permanently and conspicuously at the location of the machine in the premises wherein the device is to be operated or maintained to be operated.

§ 4-19.10 Minimum Age of Applicant.

[Ord. #2072 § 9]

No license shall be issued to any applicant unless he shall be at least 18 years of age.

§ 4-19.11 Issuance of License Prohibited to Persons Convicted of Crimes.

[Ord. #2072 § 10]

No license shall be issued hereunder where it is determined by the Township Council, after proper investigation, that any person who is interested, either directly or indirectly in the application for such license or in the operation of such business or the place or premises in which the machine shall be secured, placed, displayed, operated, maintained or used, has been convicted of a crime or has been convicted of any offense against either the Crime Act of the State of New Jersey, the Disorderly Persons Act, or against any Township ordinances, if the offense to which the applicant was convicted was one of gambling.

§ 4-19.12 Number of Machines Per Premises Limited.

[Ord. #2072 § 11; Ord. #2159 § I; Ord. 4/12/83]

The installation of said machines must be in conformity with the zoning ordinance of the Township of Belleville and all applicable amendments thereto.

§ 4-19.13 Restricted Location.

[Ord. #2072 § 12]

a. No machine shall be located in any premises within 300 feet of a church or other religious institution or a public or private school or playground. The distance shall be measured from the nearest entrance of the church, or school or playground to the nearest entrance of the premises on which the machines are located or thought to be located, along the route that a pedestrian would normally walk. Excluded from this restriction is any machine located in an establishment holding an alcoholic beverage license.

b. Nothing contained in this section shall be construed so as to permit the use of premises for a machine where such use is not permitted by the zoning ordinance or ordinances of the Township of Belleville.

§ 4-19.14 Gambling and Use by Minors Prohibited.

[Ord. #2072 § 13; Ord. #2159 § I; Ord. 4/12/83]

a. No device, game or amusement licensed pursuant to the provisions of this section shall be used for the purposes of gambling or for violating any of the ordinances of the Township of Belleville or any of the laws of the State of New Jersey or of the United States.

b. No person to whom a license shall be issued pursuant to the issuance of this ordinance, and no person who shall own, manage, operate or control the places where the licensed machine is maintained or operated, they or either of their agents, servants or employees, shall allow, permit or suffer any person under the age of 18 years to play or operate any such licensed machine before 3:00 p.m. on any day that the Belleville public schools are in session.

c. Any person who shall use or permit to be used a machine licensed under the provisions of this section for the purpose of gambling or for any other purpose contrary to the provisions hereof shall be deemed to be guilty of a violation of this section and shall be punishable therefor as hereinafter provided.

§ 4-19.15 Revocation of License; Suspension of Operation.

[Ord. #2072 § 14]

a. Any license issued pursuant to the provisions of this section shall be revoked by the Township Council if the licensee shall be found to have been, prior to the granting thereof, convicted of a crime or of the violation of any Township ordinance involving gambling, or shall, after the granting thereof, be convicted of a crime or of the violation of any such municipal ordinance, and may be revoked by the Township Council for violation of this section or any other ordinance or for good cause.

b. Upon any proceeding for revocation, written notice of the charges against him shall be served upon the licensee, either personally or by registered mail addressed to his address as the same appears in his application for license, within not less than five days of the date set for the hearing thereof. Such hearing may be adjourned from time to time, at the sole discretion of the Township Council.

c. At the time the licensee shall receive written notice set forth in paragraph b, he shall forthwith suspend operation of the licensed machine and remove it from the premises or cover it in accordance with directions from the Chief of Police, until the completion of the hearing before the Township Council and a decision that the license shall not be revoked. If the licensee fails to abide by the provisions of this section the Chief of Police shall forthwith seize and impound such machine.

d. In case any license shall be revoked, a licensee shall not be entitled to the return of any part of the license fee.

§ 4-19.16 Seizure and Destruction of Machines Used for Gambling.

[Ord. #2072 § 15]

If the Chief of Police shall have reason to believe any machine is used as a gambling device, such machine may be seized by the police and impounded. If, upon trial of the licensee for allowing it to be used as a gambling device, such licensee is found guilty, such machine shall be destroyed by the police or other State or County enforcement officers.

§ 4-19.17 Violation and Penalties.

[Ord. #2072 § 16]

In addition to the revocation provided herein, any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during on which a violation occurred or continues.

§ 4-19.18 Purpose.

[Ord. #2072 § 17]

This section is enacted for the purpose of regulating the maintenance, the use and operation of amusement games or devices as heretofore defined.

§ 4-19.19 Current Licenses to Remain in Force.

[Ord. #2072 § 18]

All licenses duly issued and enforced on the effective date of this section shall continue in force and may be renewed in the future.

§ 4-20 LICENSING OF CONTRACTORS.

[Ord. #2153; Ord. #2919]

§ 4-20.1 License Required.

[Ord. #2153 § 1]

a. No person shall engage in the business of constructing, erecting, altering, repairing, restoring, reroofing, residing, moving or demolishing the whole or any part of buildings or structures, or engage in the construction and installation of swimming pools, or engage in the business of erecting or altering signs, for any of which a permit is required, until such person shall be licensed by the Township of Belleville and approved by the construction official and municipal engineer.

b. The owner or occupant of a building or structure who performs any of the activities set forth in paragraph a above on such building or structure shall not be required to be licensed in accordance with the provisions of this chapter, provided that such owner or occupant performs and supervises his own work.

§ 4-20.2 Application for License.

[Ord. #2153 § 2]

a. Applications for licensing as required by subsection 4-20.1 above shall be made to the construction official and municipal engineer on a form furnished by the code enforcement department.

b. The application shall set forth the following information:

1. The applicant's name, business name and business address.

2. Whether the applicant is an individual, a partnership, a corporation or any other entity and, if another entity, a full explanation and description thereof.

3. If the applicant is an individual, the applicant's residence address and date and place of birth.

4. If the applicant is a partnership, the full names, residence addresses, dates and places of birth of each partner.

5. If the applicant is a corporation or other entity:

(a) In the case of a corporation, the full names, residence addresses, dates and places of birth of each officer and each stockholder, the name and address of the registered agent and the address of the principal office. (The term "stockholder," as used herein, means and includes any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation).

(b) In the case of another entity, the full names, residence addresses, dates and places of birth of each person owning or having an interest, either legal or equitable, aggregating in value 10% or more of the total capital of said entity, the name and address of the registered agent, if any, and the address of the principal office.

6. Whether the applicant or any partners, officers or stockholders thereof have ever been convicted of crime and, if so, the name of the person convicted, the date of the conviction, the crime or charge involved and the disposition thereof. (The term "officers", as used herein, means and includes the president, vice presidents, secretary and treasurer of a corporate applicant) or whether any of the aforesaid persons have violated any State, County or municipal ordinances or regulations on construction or demolition, as defined herein.

7. The number of years the applicant has been in business at its present business address or at any prior location, including the addresses of such prior locations, if any.

8. The applicant's training and experience in the class or classes in which he desires to be licensed.

9. The class in which the applicant desires to be licensed, selecting one or more of the classes designated in subsection 4-20.4.

c. Upon receipt of such application, authorized personnel of the Code Enforcement Department and the Municipal Engineer shall review the same with reference to the truth of the matters contained in the application and for the purpose of obtaining police approval.

d. The Construction Code Official and Municipal Engineer shall determine if the character and business responsibility of the applicant, or any partner, officer or stockholder thereof, is satisfactory on the basis of the information supplied and if the training and experience are sufficient to protect the citizens of the Township of Belleville from commercially, unreasonable and unsafe work and in compliance with the requirements of the classes as set forth in subsection 4-20.4 herein; and if the Construction Code Official and Municipal Engineer so determines he shall cause a license to be issued to the applicant unless the application of the report of the police department or other evidence presented to the Construction Code Official and Municipal Engineer shall tangibly disclose any of the following:

1. A conviction for a crime involving moral turpitude.

2. Prior violations of the statutes, ordinances or regulations relevant to the construction, erection, alteration, repair, restoration, reroofing, residing, moving, demolition of any building, structure, swimming pool, sign, billboard or part thereof.

3. A determination of previous fraudulent acts or conduct.

4. A record of continual breaches of contracts.

5. Concrete evidence of bad character.

6. Failure to demonstrate training or experience in the class in which the applicant seeks to be licensed.

7. Grounds similar to those listed above which reasonably would cause the Construction Code Official and Municipal Engineer to determine that the character and business responsibility of the applicant, or any partner, officer or stockholder thereof, is not satisfactory.

§ 4-20.3 License Fees.

[Ord. #2153 § 3; Ord. #2919]

a. Upon filing such application, the applicant shall pay to the Construction Code Official and Municipal Engineer a fee of $100 for such annual licenses.

b. The term of such license shall expire on December 31, of the calendar year in which such license is issued.

c. Such license shall be automatically renewed by the Construction Code Official upon payment by the applicant to the Construction Code Official and Municipal Engineer of an annual renewal fee of $50. Such renewal shall be before the calendar year in which such a renewal occurs. Upon failure to renew any license on or before January 31, of the immediately succeeding calendar year, any subsequent license shall be and constitute a new or original license subject to the filing of a new application in accordance with the provisions of subsection 4-20.2 above and to the payment of the fee specified herein.

§ 4-20.4 Classes of Licensing.

[Ord. #2153 § 4]

For the purpose of this section, there shall be the following classes for licensing:

a. General Contractor or Builder. A contractor who is proficient in the construction of a building or structure from start to finish and the alteration, addition to or repair of any building or structure. This class of contractor shall be equipped to handle such work either by and through his organization or appropriate subcontractors and, in the latter event, shall be completely responsible for his subcontractors' work.

b. Roofing and Siding Contractor. A contractor who is engaged in the business of, or who is proficient in, the applying of roofing and siding materials to existing or new buildings or structures.

c. Demolition Contractor. A contractor who is engaged in the business of, or one who is proficient in, the demolition of any building or structure in whole or in part.

d. Moving Contractor. A contractor who is engaged in the business of, or who is proficient in, the moving of any building or structure.

e. Swimming Pool Contractor. A contractor who is engaged in the business of, or who is proficient in, the installation of swimming pools, their equipment and appurtenances.

f. Sign or Billboard Contractor. A contractor who is engaged in the business of, or who is proficient in, the erection, alteration or maintenance of signs or billboards.

g. Miscellaneous Contractor. A contractor who is proficient in work of a special character as determined by the Construction Code Official and Municipal Engineer.

§ 4-20.5 Revocation of License.

[Ord. #2153 § 5]

a. If any person licensed in accordance with the provisions of this section shall be convicted of violating any statute, ordinance or regulation in the execution of any work for which a permit is required by the applicable ordinances of the Township of Belleville relevant to the construction, erection, alteration, repair, restoration, reroofing, residing, moving or demolition of any building, structure, swimming pool, sign, billboard or part thereof, the Construction Code Official and Municipal Engineer shall not restore such license during such time as the violation for which such conviction was obtained, exists or remains.

b. If, after a public hearing held by the Construction Code Official and Municipal Engineer, they determine that an applicant is not qualified to the standards herein on application for original licensing, or that the character or business responsibility of any person licensed in accordance with the provisions of this section has become unsatisfactory, the Construction Code Official and Municipal Engineer shall revoke the license of such person immediately. At least 10 days' notice in writing of the time, place and purpose of such public hearing shall be given to the license holder by the Construction Code Official and Municipal Engineer. In determining whether the character or business responsibility of such license holder has become unsatisfactory the Construction Code Official and Municipal Engineer shall be bound by those standards set forth herein for the issuance of licenses.

§ 4-20.6 Relicensing After Revocation.

[Ord. #2153 § 6]

Any person whose license has been revoked under the provisions of subsection 4-20.5 above may be relicensed by the Construction Code Official and Municipal Engineer if the grounds upon which such license was revoked or corrected and upon payment of the fee prescribed in subsection 4-20.3 above.

§ 4-20.7 Violations and Penalties.

[Ord. #2153 § 7]

Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter III, section 3-24.

§ 4-21 NEWSPAPER VENDING MACHINES (NEWSRACKS).

[Ord. #1983, Ord. #2461]

Newspaper vending machines, hereinafter referred as "newsracks" may be maintained in the Township of Belleville, subject to the following:

a. No person, firm, or corporation shall install, use or maintain any newsrack which projects onto, into, or over any part of the roadway of any public street or which rests wholly or in part upon or along any portion of a roadway.

b. No person shall install, use or maintain any newsrack which in whole or part rests upon, in, or over any sidewalk or parkway when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other government use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location, or when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.

c. Any person, firm or corporation maintaining a newsrack in the Township of Belleville shall assume total responsibility for any and all liability pertaining to newsracks. The Township of Belleville cannot be held liable for any and all liability pertaining to newsracks.

d. Any newsrack which in whole or in part rests upon, in or over any sidewalk or parkway shall comply with the following standards:

1. No newsrack shall exceed five feet in height, 30 inches in width, or two feet in depth.

2. No newsrack shall be installed in any residential areas.

3. Newsracks shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. Newsracks placed near the curb shall be placed no less than 18 inches nor more than 24 inches from the edge of the curb.

4. No newsracks shall be chained, bolted, or otherwise attached to any property not owned by the owner of the newsrack or to any permanently fixed object.

5. Newsracks may be chained or otherwise attached to one another; however, no more than three newsracks may be joined together in this manner, and a space of no less than 18 inches shall separate each group of three newsracks so attached.

6. No newsrack, or group of attached newsracks allowed under paragraph c,4 hereof, shall weigh, in the aggregate, in excess of 125 pounds when empty.

7. No newsrack shall be placed or maintained on a sidewalk or a parkway opposite another newsrack.

8. No newsrack shall be placed, installed, used or maintained:

(a) Within three feet of any marked crosswalk.

(b) Within 15 feet of the curb return of any unmarked crosswalk.

(c) Within three feet of any fire hydrant, fire call box, police call box or other emergency facility.

(d) Within three feet of any driveway.

(e) Within three feet ahead of, and 15 feet to the rear of, any sign marking a designated bus stop.

(f) Within three feet of any bus bench.

(g) At any location whereby the clear space for the passage of pedestrians is reduced to less than six feet.

(h) Within three feet of any area improved with lawn, flowers, shrubs, or trees, or within three feet of any display window of any building abutting the sidewalk or parkway, or in such manner as to impede or interfere with the reasonable use of such window for display purposes.

9. Each newsrack shall be maintained in a clean, neat condition and in good repair at all times.

e. Every person who places or maintains a newsrack on the streets of the Township of Belleville shall have his name, address and telephone number affixed thereto in a place where such information may be easily seen.

f. Any person, firm or corporation maintaining a newsrack in the Township of Belleville shall, within 15 days after beginning said maintenance, register his name, address, phone number and location(s) of the newsrack(s) maintained in the Township and shall pay an annual fee of $25 for one each and $10 for each additional rack to defray the costs to the Township for registration and inspection of said racks. For every subsequent year, the owner shall pay the annual fee as aforesaid by January 10 of that year. The owner shall at all times promptly notify the Township Clerk of any changes in the registration information.

g. Any newsrack maintained in the Township which creates a hazard to pedestrians or obstructs traffic or interferes with the response to an emergent situation by a public officer, fire fighter, ambulance corps member or medic, or interferes with the safe use of the public streets and sidewalks, may be summarily relocated by a public officer of the Township to the nearest location not presenting said hazard. Any such relocation shall be reported as soon as reasonably possible to the Township Clerk, who shall thereafter notify the registered owner of the newsrack as soon as possible of the new location. The owner may thereafter relocate the newsrack to any location not presenting a hazard and otherwise comply with the terms of this section.

h. Except as to events covered under paragraph f of this section, upon a violation of the terms of this section, the owner shall be sent a summons setting forth the nature of the violation, the fine for same and providing for a hearing within 30 days from the date of issuance of the summons. Any violation must be cured within a period of 30 days from the issuance of the summons, or if a hearing has been held or requested, at the direction of the hearing officer. If any violation is not so cured, the owner shall be notified of the Township's intent to remove the rack 10 days after issuance of the notice. Said notice shall set forth that a hearing must be requested within 10 days to prevent removal and setting forth the location where the rack may be reclaimed after removal. At the expiration of 10 days, if no hearing has been requested, the rack may be seized by a public officer of the Township and held for a period of six months. The owner may reclaim the rack upon payment of a fee of $25, or if a hearing is subsequently requested, upon terms set by the hearing officer. Any rack not reclaimed at the expiration of six months shall be destroyed and any money therein returned to the owner.

i. Any person, firm or corporation who shall violate a provision of this section or fail to comply therewith or who shall violate or fail to comply with any order or regulation made thereunder shall severally, for each and every such violation and noncompliance, forfeit and pay a penalty not to exceed the sum of $500 or be imprisoned in the Essex County Jail for a period of not more than 90 days, or both.

§ 4-22 JULY 4TH CELEBRATION. [1]

[Ord. #2583; Ord. #2773]

A one-day permit shall be required for vendors at the Municipal Stadium at the 4th of July Celebration and shall be required for all outdoor events permitted to sell food at any location in the Township of Belleville. A fee of $50 shall be charged for an inspection by a representative of the Health Department. The fee may be waived by the Township Manager for nonprofit and civic organizations.

[1] Editor's Note: See also Section 4-28.

§ 4-23 MASSAGE THERAPIST, MASSAGE TECHNICIAN OR MASSEUR.

[Ord. #2758]

§ 4-23.1 Definition.

[Ord. #2758 § 1]

MASSAGE THERAPIST, MASSAGE TECHNICIAN OR MASSEUR

Shall mean any person who practices or administers the act of shiatsu, acupressure or any other body massage therapy either by hand or with mechanical or vibratory apparatus for the purpose of body massaging, reducing or contouring, or administers body rubs, heat lamps, salt glows, tub, shower or cabinet baths.

§ 4-23.2 License Required.

[Ord. #2758 § 2]

No person shall be engaged in the operation of a business or employed in the Township of Belleville as a massage therapist, massage technician or masseur, for which any form of compensation is charged or accepted, without having first obtained a license from the Township of Belleville to do so. The license, when issued, shall not be considered to grant a certificate of occupancy or approval from the use of any premises or location.

§ 4-23.3 Requirements for Licensure.

[Ord. #2758 § 3]

A license shall not be issued to a person unless he/she meets the following conditions:

a. Is at least 18 years of age;

b. Submits a certification from a duly licensed physician of the State of New Jersey stating that the applicant is free from contagious and communicable diseases, dated within 30 days of the date of application;

c. Submits a clear full-face photograph of the applicant to the Belleville Health Officer to be placed on an identification card to be issued by the Township of Belleville;

d. Completes an application on a form to be provided by the Belleville Health Officer, which application among other things, requires a detailed description of the applicant, fingerprinting by the Township of Belleville Police Department, and prior residence and employment history for the last 10 years. The photographs submitted with the application shall have been taken no more than 30 days prior to the execution of the application;

e. Is of good moral character and has not been convicted of a crime involving moral turpitude or any sex-related offense.

§ 4-23.4 Fees.

[Ord. #2758 § 4]

a. The application fee for the operator of a business engaged in providing the services set forth in subsection 4-23.1 hereof shall be $250 to defray the expense of processing the application. In addition, the applicant shall provide a money order payable to the New Jersey State Police, Identification Division, for the fingerprint processing fee charged by the New Jersey State Police.

b. The application fee for persons engaged in providing services as set forth in subsection 4-23.1 hereof, shall be $100 to defray the expense of processing the application. In addition, the applicant shall provide a money order payable to the New Jersey State Police Identification Division for the fingerprint processing fee charged by the New Jersey State Police.

§ 4-23.5 Qualifications.

[Ord. #2758 § 5]

Nothing in this section shall be construed to prohibit any person from rendering massage, bodywork and somatic therapy services within the Township of Belleville, provided that person shall not be identified by the titles "massage, bodywork and somatic therapist," "registered massage, bodywork and somatic therapist," "licensed massage, bodywork and somatic therapist," or the abbreviations "MBT," "RMBT," "LMBT," "LOBT," "LMT," unless licensed to practice massage, bodywork and somatic therapist under the provisions of this act and provides satisfactory proof or evidence of the following:

a. Successful completion of a minimum of 500 hours in class study in the field of massage bodywork and somatic therapies, or

b. Successful completion of the written examination offered by the National Certification Board for Therapeutic Massage and Bodywork or a substantially equivalent examination approved by the Board to determine the applicant's competence to practice massage, bodywork and somatic therapies.

§ 4-23.6 Conduct of Business.

[Ord. #2758 § 6]

Any person engaged in the operation of a business licensed in accordance with the provisions of this section, and any person performing services in accordance therewith, shall not disrobe while performing the said services.

§ 4-23.7 Term of License.

[Ord. #2758 § 7]

The license issued hereunder shall expire December 31st of the calendar year in which it is issued.

§ 4-23.8 Display of License.

[Ord. #2758 § 8]

The license issued by the Township of Belleville shall be conspicuously displayed at all times within the premises where such activity is being performed.

§ 4-23.9 Revocation of License.

[Ord. #2758 § 9]

If any licensee is convicted for any criminal offense or sanitary code violation relating to the service performed in accordance with subsection 4-23.1 hereof, or any sex-related offense, the license issued hereunder shall be deemed revoked.

§ 4-23.10 Responsibility.

[Ord. #2758 § 10]

Every licensee shall be deemed responsible for the clean and safe business operation of the premises. The violation of any law at said premises shall be grounds for revocation of the licensee's performing services at the premises.

§ 4-23.11 Severability.

[Ord. #2758 § 11]

The provisions of this section are severable. If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provisions of this section which can be given effect without the invalid provision.

§ 4-23.12 Enforcement.

[Ord. #2758 § 12]

A violation of this section shall result in a complaint being filed in the Municipal Court of the Township of Belleville.

§ 4-23.13 Fines.

[Ord. #2758 § 13]

Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine not to exceed $500 or by imprisonment for a term not to exceed 90 days or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

§ 4-24 FILMING AND TAPING.

[Ord. #2918]

§ 4-24.1 Definitions.

[Ord. #2918 § 1]

As used in this section, the following terms shall have the meanings indicated:

COMMERCIAL FILM

Shall mean a film or tape that is to be broadcast on television, cable television, or theatrical release.

FILMING

Shall mean the taking of still or motion pictures either on film or videotape or similar recording medium, for commercial or educational purposes intended for viewing on television, in theatres or for institutional uses. The provisions of this section shall not be deemed to include the "filming" of news stories within the Township of Belleville.

NONPROFIT FILM

Shall mean a film or tape that is to be used for educational or charitable purposes.

OTHER FILM

Shall mean a film or tape that cannot be categorized as a commercial film or nonprofit film.

PUBLIC LANDS

Shall mean any and every public street, highway, sidewalk, square, public park or playground or any other public place within the Township which is within the jurisdiction and control of the Township of Belleville.

§ 4-24.2 Permit Required.

[Ord. #2918 § 2]

a. No person or organization shall film or permit filming on public property within the Township of Belleville without first having obtained a permit from the office of the Township Clerk, which permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference to day or dates. Said permit must be readily available for inspection by Township officials at all times at the site of the filming.

b. All permits shall be applied for and obtained from the office of the Township Clerk during normal business hours, but may only be issued with written approval of the Township manager. Applications for such permits shall be in a form approved by the Township Clerk and be accompanied by a permit fee in the amount established by subsection 4-24.5 herein. At a minimum the permit application shall include the film company's name, times and dates of filming, location, insurance information, short plot synopsis; and description of special effects or stunt scenes if any.

c. If a permit is issued and, due to inclement weather or other good cause, filming does not in fact take place on the dates specified, the Township Clerk may, at the request of the applicant, issue a new permit for filming on other dates subject to full compliance with all other provisions of this section.

d. If filming exceeds the number of permitted days, an extension may be granted by the Township manager upon a written request through the office of the Township Clerk. Additional daily fees, established in subsection 4-24.5, shall apply and must accompany the extension request.

§ 4-24.3 Issuance of Permits.

[Ord. #2918 § 3]

a. No permits will be issued by the Township Clerk unless applied for prior to five days before the requested shooting date; provided, however, that the Township manager may waive the five-day period if, in his judgment, the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified.

b. No permit shall be issued for filming upon public lands unless the applicant shall provide the Township with satisfactory proof of the following:

1. Proof of insurance coverage as follows:

(a) For bodily injury to any one person in the amount of $500,000 and any occurrence in the aggregate amount of $1,000,000.

(b) For property damage for each occurrence in the aggregate amount of $300,000.

(c) The Township reserves the right to adjust the amount of insurance required where special effects or hazardous scenes will be shot.

c. An agreement, in writing, whereby the applicant agrees to indemnify and save harmless the Township of Belleville from any and all liability, expense, claim or damages resulting from the use of public lands.

d. The posting of a cash bond of not less than $500 or a maintenance bond of not less than $500 is required. The exact amount of the maintenance bond will be determined by the Township Manager to protect the Township and to insure that the location utilized will be left after filming, in a satisfactory condition, free of debris, rubbish and equipment, and that due observance of all Township ordinances, laws and regulations will be followed. Within seven days of the completion of the filming, the Township will return the bond if there has been no damage to public property or public expense caused by the filming.

e. The hiring of an off-duty Belleville police officer for the times indicated on the permit.

§ 4-24.4 Performance of Permit Holder.

[Ord. #2918 § 4]

a. The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Belleville Police Department with respect thereto.

b. The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent practicable, abate noise and park vehicles associated with such filming off the public streets. The holder shall avoid any interference with previously scheduled activities upon public lands and limit, to the extent possible, any interference with normal public activity on such public lands. Where the applicant's production activity, by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents, these parties shall be given written notice of the filming at least three days prior to the requested shooting date and be informed that objections may be filed with the Township Clerk, said objections to form a part of applicant's application and be considered in the review of the same. Proof of service of notification to adjacent owners shall be submitted to the Township Clerk within two days of the requested shooting date.

c. Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 9:00 p.m. provided that all requests for night scenes shall be approved in the permit. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.

d. The Township Manager may refuse to issue a permit whenever he determines, on the basis of objective facts and after a review of the application and a report thereon by the Police Department and by other Township agencies involved with the proposed filming site, that filming at the location and/or the time set forth in the application would violate any law or ordinance or would unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare. Further, the Township reserves the right to require one or more on-site patrolmen in situations where the proposed production may impede the proper flow of traffic, the cost of said patrolman to be borne by the applicant as a cost of production. Where existing electrical power lines are to be utilized by the production, an on-site licensed electrician may be similarly required if the production company does not have a licensed electrician on staff.

e. The Township Manager may authorize filming other than during the hours herein described. In determining whether to allow an extension of hours under this section, the manager shall consider the following factors:

1. Traffic congestion at the location caused by vehicles to be parked on the public street;

2. Applicant's ability to remove film-related vehicles off the public streets;

3. When the applicant is requesting restrictions on the use of public streets or public parking during the course of the filming;

4. Nature of the film shoot itself; e.g. indoor or outdoors; day or night;

5. Prior experience of the film company/applicant with the Township, if any; and

6. Consultation with the Township Council-ward representative wherein the filming is to take place.

f. Copies of the approved permit will be sent to the police, fire, public works departments before filming takes place. The applicant shall permit the fire prevention bureau or other Township inspectors to inspect the site and the equipment to be used. The applicant shall comply with all safety instruction issued by the fire prevention bureau or other Township inspectors.

g. At the discretion of the Township Manager, the permit holder may be required to attend a coordination meeting with Township official prior to the start of filming.

h. In addition to any other fees or costs mentioned in this section, the applicant shall reimburse the Township for any lost revenue, such as parking meter revenue, repairs to public property or other revenues that the Township was prevented from earning because of filming.

§ 4-24.5 Fees.

[Ord. #2918 § 5; Ord. #3360]

The schedule of fees for the issuance of permits authorized by this section are as follows:

a. Application Fee:

Commercial films	$100
Nonprofit films	$100
Other films	$100

b. Daily filming fee payable in addition to the basic filming permit:

Commercial films	$2,000
Nonprofit films	$100
Other films	$250

c. The foregoing daily filming fees may be modified or waived in the sole discretion of the Township Manager for good cause. The provisions of this subsection shall be applied retroactively to the date of the introduction of this Ordinance No. 3360. Any such waiver by the Township Manager shall not constitute a precedent for any future waiver.

§ 4-24.6 Violations and Penalties.

[Ord. #2918 § 6]

Where the owner of the premises is not the applicant for a permit required by this section, both the owner and the applicant shall each be liable for violations hereof. Any person violating this section or these rules and regulations, upon conviction thereof, shall be punished by a fine not exceeding $1,000 per day or by imprisonment in the County jail for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

§ 4-25 LANDSCAPERS.

§ 4-25.1 Definitions.

[Ord. #3289]

As used in this section, the following terms shall have the meanings indicated:

ANNUAL FEE

The fee charged by and payable to the Township of Belleville to obtain a license as a landscaper.

ANNUAL LICENSE

A license issued by the Code Enforcement Department of the Township of Belleville for purposes stated.

CUSTOMER

Anyone who employs the services of a landscaper to perform the services of maintaining, cutting, cleaning or raking property within the Township of Belleville.

LANDSCAPE CONTRACTOR

The same meaning as "landscaper."

LANDSCAPER

A person or persons doing business with residential or commercial customers for the purpose of maintaining, cutting, cleaning, raking or performing similar activities on property within the Township of Belleville for a fee or under contract.

VEHICLE

Any vehicle required to be registered with the New Jersey Motor Vehicle Commission for use on local roads and highways and used by a landscaper in the performance of his work in the Township of Belleville.

§ 4-25.2 License Required; Display of Decal.

[Ord. #3289]

All landscapers using a truck, van or trailer for landscaping services within the Township of Belleville shall be required to obtain a license in order to offer their services in the Township of Belleville. A License shall be required for each vehicle the landscaper owns or operates within the Township of Belleville. Said license shall be obtained from the Code Enforcement Department prior to April 1 of each calendar year (said license shall terminate March 31). Proof of licensure will be demonstrated by the insurance and display of a decal, which will be issued to each licensee and displayed on each vehicle the landscaper owns or operates in the Township of Belleville. The decal shall be displayed on the front driver's side bumper of each vehicle the landscaper owns or operates, as well as on the driver's side of the tongue of any trailer.

§ 4-25.3 Application for License; Expiration.

[Ord. #3289]

a. All applications for landscaping licenses shall be in writing on all forms furnished by the Township, signed by the applicant or the authorized agent of the applicant, and presented to the Code Enforcement Department. The application shall state the name of the landscaper, the correct name under which the business is being operated; the residence of the applicant, the year, make, model and license plate number of the vehicle or vehicles; and such other pertinent information as may be necessary for an investigation of the applicant.

b. All applications for licenses received by the Code Enforcement Department shall, after appropriate review and investigation, either be granted or refused. Thereafter, if the application is approved, the Code Enforcement Department shall issue the license upon payment of the license fee as hereinafter provided.

c. All licenses issued shall expire March 31 of the year following the year of issuance.

§ 4-25.4 Requirements.

[Ord. #3289]

Every landscaper operating within the Township of Belleville shall be required to comply with the following:

a. The name of the landscaping company shall be clearly indicated on both sides of any vehicle used in said operation, shall be no less than three inches in height and shall include the name, address and telephone number.

b. All Landscapers shall dispose of all cuttings, clippings and waste materials generated at Belleville only at the customer's location or at such other location and in the manner as may be designed and directed by the Director of the Department of Public Works of the Township of Belleville. The disposal of all cuttings, clippings and waste materials generated from the sites outside the Township of Belleville is strictly prohibited within the Township.

§ 4-25.5 Prohibited Conduct.

[Ord. #3289]

All landscapers shall not sweep, rake, blow, or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the landscaper responsible for placement of yard waste must remove the yard waste from the street or such party shall be deemed in violation of this chapter.

§ 4-25.6 License and Decal Fees; Terms of License; Renewal.

[Ord. #3289]

a. Upon filing such application, the applicant shall pay to the Code Enforcement Department a fee of $65, which will entitle the application to two decals. Additional decals shall cost $15 each. Any fractional year will be considered a full year for the purposes of this section.

b. The term of such license shall be from April 1 to March 31 of the calendar year following the year of issuance.

c. Such license shall be renewed annually by the Code Enforcement Department upon payment by the applicant to the Code Enforcement Department of an annual renewal fee of $50. Such renewal fee shall be for the following year in which such renewal occurs.

§ 4-25.7 Revocation of License.

[Ord. #3289]

If any person licensed in accordance with the provisions of this section shall be convicted of violating any statute, ordinance or regulation in the execution of any work for which a permit is required by the applicable ordinance of the Township of Belleville relevant to landscaping, the Township of Belleville shall revoke the license for such person immediately. The Code Enforcement Department shall not restore the license during such time as the violation for which such conviction was obtained exists or remains.

§ 4-25.8 Re-Licensing After Revocation.

[Ord. #3289]

Any person whose license has been revoked under the provisions of the above may be re-licensed by the Code Enforcement Department when the grounds upon which such license was revoked or removed or corrected and upon payment of the fee prescribed herein.

§ 4-25.9 Enforcement.

[Ord. #3289]

Any authorized representative of the Township's Code Enforcement Department and the Belleville Police Department shall enforce the provisions of this section.

§ 4-25.10 Violations and penalties.

[Ord. #3289]

Any person who violates any provision of this section, other than disposal requirements, shall upon conviction thereof be punished as provided in Chapter 3-24, Penalty, of the Revised General Ordinances of the Township of Belleville. A separate offense shall be deemed committed for each violation of this provision.

§ 4-26 ELECTRONIC SMOKING DEVICES.

§ 4-26.1 Purpose.

[Ord. #3433]

The purpose of this section is to license establishments that sell electronic smoking devices. The funds collected by licensing of such establishment shall be used to fund the development and maintenance of a Tobacco Age of Sale Enforcement Program and other smoking cessations, prevention or control programs as may be established and/or administered by the Health Department.

§ 4-26.2 Definitions.

[Ord. #3433]

For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning stated herein unless their use in the text of this section clearly demonstrated different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number shall include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory not merely directory.

ELECTRONIC SMOKING DEVICE

Shall mean electronic or other powered device that can be used to deliver nicotine or other substances to the person inhaling from the device, including but not limited to, an electronic cigarette, cigar, cigarillo or pipe.

LICENSE YEAR

Shall mean the time period covering January 1st through December 31st of the year for which a license is issued pursuant to this section.

RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT

Shall mean any establishment that sells or offers for sale of electronic smoking device products or consumption through inhalation.

SALE

Shall mean every delivery of electronic smoking devices, whether the same is by direct sale or the solicitation or acceptance of an order, including the exchange, barter, traffic in, keeping and exposing for sale displaying for sale, delivering for value, peddling and possession with intent to sell.

§ 4-26.3 Licensing Fees.

[Ord. #3433]

a. No person shall conduct, maintain or operate an establishment that sells electronic smoking devices without first obtaining from the Health Department a license to do so.

b. Fees in accordance with the following schedule be paid before any license required in this section shall be issued:

Electronic Smoking Device

Establishment License $1,200

c. Licenses issued under the provisions of this section, unless forfeited or revoked by the Health Department, shall expire annually on the 31st day of December of each year.

d. The fees for all initial licenses issued to a licensee pursuant to this section shall be an amount proportionate to the number of months remaining in the license year including the month in which the license is issued (for example, a license issued to a new license in September shall be one-third of $1,200 ($400).

e. No license is transferrable by sale or otherwise.

f. Such license shall be posted in a conspicuous place in such establishment or, if an itinerant establishment, shall be ready available for display.

§ 4-26.4 Enforcement.

[Ord. #3433]

This section shall be enforced by the Health Department and/or other municipal officials of the Township of Belleville.

Any person found to be in violation of this section shall be ordered to cease the sale of electronic smoking devices immediately.

§ 4-26.5 Violations and Penalties.

[Ord. #3433]

Any person(s) who is found to be in violation of this section shall be subject to the following penalties. For any and every violation of any of the provisions of this ordinance, the violator of said provision will be subject to a fine of not less than $1,200 and not more than $2,500. No fines shall be issued for 60 days after publication of this section.

§ 4-27 CRANE OPERATIONS.

§ 4-27.1 Definitions.

[Ord. #3459]

BOARD

Means the Crane Operators License Advisory Board established pursuant to N.J.S.A. 45:26-3.

CERTIFICATION

Means certification from the National Commission for the Certification of Crane Operators or any other organization found by the Board to offer an equivalent testing and certification program meeting the requirements of the American Society of Mechanical Engineers ASME B30.5 and the accreditation requirements of the National Commission for Certifying Agencies.

CRANE

As used in this ordinance, the term means a power-operated hoisting machine used in construction, demolition or excavation work that has a power-operated winch, load line and boom moving laterally by the rotation of the machine on a carrier and has a manufacturer-rated lifting capacity of 10 tons or more. It shall not include a forklift, digger derrick truck, aircraft, bucket truck, knuckle boom, trolley boom or any vehicle or machine not having a power-operated winch and load line.

CRANE SITE

Means the location where the crane shall be stored, placed or operated from.

OPERATOR

Means an individual engaged in the operation of a crane.

OWNER

Means the person with ownership rights for the crane.

PERSON

Means any individual, corporation, limited liability company, partnership, or other legal entity.

§ 4-27.2 Permit Required.

[Ord. #3459]

a. No person shall operate a construction crane within the Township without having first applied for and obtained a construction crane permit required by this chapter provided that compliance with subsections 4-27.3, 4-27.4 and 4-27.6 may be satisfied by proof satisfactory to the Township Engineer and Construction Official of registration with the New Jersey Department of Labor and compliance with all statutes and regulations regarding the licensing and operation of Cranes within the State of New Jersey.

b. The permit will be maintained by the Operator and/or Owner at all times at the Crane Site. A copy of the permit shall be produced at the Crane Site upon demand.

§ 4-27.3 Application for Permit.

[Ord. #3459]

a. Application to operate a Crane is made to the Township Engineer and Construction Official on forms provided for that purpose. The applicant must provide evidence of and state, at minimum:

1. The names and addresses of the owner(s) of the crane;

2. The names and addresses of the operator(s) of the crane;

3. A copy of valid licenses issued the New Jersey Department of Labor reflecting the ownership and operation of said crane;

4. A copy of the Operator(s)'s Certification from one of the following organizations:

(a) National Commission for the Certification of Crane Operators (NCCCO);

(b) Operating Engineers Certification Program (OECP);

(c) Crane Institute of America Certification; and/or

(d) As otherwise provided by this Ordinance.

5. Proof that the Operator submits to a random drug testing program;

6. The crane's lift capacity;

7. Proof of most recent and current proof of inspection;

8. Engineer certified geotechnical plan for Crane Site, unless the Crane Site shall be in/on a body of water;

9. If the Crane Site is on public property, a Township right-of-way, or property owned by someone other than the crane operator or someone who has contracted with the crane operator for the crane's use, then the applicant must provide written proof of permission to utilize the Crane Site;

10. Construction permit;

11. Certificate of Continuing Occupancy;

12. New Jersey crane License;

13. Current Medical Examiner's Card;

14. Proof of Completion of Signal Person Qualification or Certification course;

15. All other permits required by State and Federal law;

16. Proof of insurance conforming to that which is required by subsection 4-27.7; and

17. A written agreement from the applicant in a form approved by the Township's Counsel indemnifying and holding the Township harmless from any and all claims, losses, judgments or sums of money of whatsoever kind and nature arising in, from or in connection with use of the crane pursuant to a validly issued permit.

b. A Permit must be issued a minimum of five days before any Operator, Owner, contractor, other person or company initiates the use of a Crane within the Township of Belleville, New Jersey. In emergent situations, in the discretion of the Building Inspector, this requirement may be waived if the operator meets the balance of the requirements of this section.

c. If the applicant seeks to extend and/or renew a permit issued pursuant to this section, the applicant must seek extension or renewal before the expiration of the existing permit. The applicant shall certify that no changes have occurred since the filing of the initial permit application and remit payment of the fee established by subsection 4-27.6. If changes have since occurred, without compliance with subsection 4-27.8, then the Township may deny said application for extension and/or renewal.

§ 4-27.4 Appeal.

[Ord. #3459]

In the event that any applicant for a permit shall have been refused a permit, said person shall have the right and privilege to appeal from such refusal to grant a permit to the Municipal Council of the Township of Belleville or its designee; provided, however, that not less than five days' written notice of such appeal shall have been served upon the Municipal Council, either in person or by registered mail, return receipt requested, and a date of hearing before the Municipal Council or its designee shall be fixed no later than 30 days after the receipt of said notice of appeal. Thereupon, the Municipal Council or its designee shall notify said person of the place, date and time of hearing.

§ 4-27.5 Term of Permit.

[Ord. #3459]

Each permit issued pursuant to this section shall be valid for a period of 30 days and may be extended and/or renewed provided that compliance with the requirements of subsections 4-27.3 and 4-27.8 continue to be met. The applicant must seek approval for permitting in accordance with subsection 4-27.3a.

§ 4-27.6 Application Fee.

[Ord. #3459]

Application fee for a construction crane permit is $250. The fee for any renewal and/or extension of an existing permit is $100.

§ 4-27.7 Insurance Requirements.

[Ord. #3459]

In addition to the information required to be provided pursuant to subsection 4-27.3, the applicant shall provide proof of general liability insurance naming the Township as an additional insured in the amount of $10,000,000.

§ 4-27.8 Continuing Obligation.

[Ord. #3459]

Each applicant, for each permit issued pursuant to this section, has a continuing obligation to update all information submitted with the applicant's application, pursuant to subsection 4-27.3, during the pendency of the application procedure and while the permit is valid.

§ 4-27.9 Registration Required.

[Ord. #3459]

a. No person shall operate a crane in the Township without first having registered the same as required by this section and as required under all State and/or Federal statutes and regulations regarding the same.

b. No person shall operate a crane within, on or over a public right-of-way, other publicly owned property or the private property of a person other than the owner of the crane or a person who has contracted for the use of or operation of such crane unless and until (1) the Township has granted its permission and all other necessary permits have been obtained and (2) the owner has granted his/her/its express written permission.

§ 4-27.10 Licensure of Crane Operators.

[Ord. #3459]

a. Licensure of Operators pursuant to N.J.S.A. 45:16-7. No person shall engage in the operation of a Crane, offer him/herself for employment as an Operator or otherwise act, attempt to act, present or represent himself as a Crane Operator unless licensed as such under the provisions of N.J.S.A. 45:16 et seq.

b. An Operator's license shall be valid only in conjunction with a current certification and only in the specialty or specialties for which the crane operator is certified. The specialties are lattice boom crawler crane (LBC), lattice boom truck crane (LBT), telescopic boom cranes (TLL, Swing Cab) & (TSS, Fixed Cab), Tower cranes and Overhead cranes.

c. To be eligible for a license as an Operator in the Township Of Belleville, an applicant shall fulfill the following requirements:

1. Must be at least 18 years of age;

2. Receive certification from the National Commission for the Certification of Crane Operators or any other organization found by the board to offer an equivalent testing and certification program meeting the requirements of the American Society of Mechanical Engineers ASME B30.5 and the accreditation requirements of the National Commission for Certifying Agencies;

3. Have at least 1,000 hours of Crane — related experience; and

4. Maintain a current medical examiner's certification card.

§ 4-27.11 Notification of Accident or Safety Issue — Required.

[Ord. #3459]

It shall be the duty of each Operator, Owner or person employing such Operator and/or Owner to immediately report to the Building Department of the Township of Belleville and all accidents or safety issue(s) regarding the operating, assembly, and disassembly or jumping of a Crane.

§ 4-27.12 Safety Equipment — Required.

[Ord. #3459]

a. All Crane equipment shall be kept in safe working condition at all times by the owner and licensee.

b. If any safety or operational aid used or required to be used in connection with the operation of a Crane is not working properly, the Operator of such Crane shall immediately shut down the Crane until such time that the required safety or operational aid is repaired or replaced and the Crane is restored to proper working order.

§ 4-27.13 Administration; Enforcement.

[Ord. #3459]

a. The Municipal Council of the Township of Belleville may issue rules and regulations for the administration of the provisions of the section.

b. The provisions of this section shall be enforced by the Building Department.

§ 4-27.14 Violations and Penalties.

[Ord. #3459]

a. Any person who violates any provision of this section is a disorderly person and is liable for a fine not to exceed $500 and/or imprisonment for a period not to exceed 10 days. Each day a violation continues shall constitute a separate violation. In addition, violations of this section will result in an immediate shut down of the Crane Site.

b. Any person or company who employs an unlicensed person as an Operator or who permits or directs an unlicensed person to operate a Crane shall be subject to a fine of not less than $2,000 and nor more than $20,000 for each violation. Each day of illegal operation shall constitute a separate and distinct offense.

§ 4-28 CARNIVALS AND SPECIAL EVENTS: SPECIAL AMUSEMENT BUILDINGS AND TENTS.

§ 4-28.1 License and Permit Requirements.

[Ord. #3211]

With regard to any type of event, including, but not limited to a Carnival, Special Amusement Halloween Display, Christmas Display, Thanksgiving Display, Fourth of July display, or any event designated as Special Amusement, the applicant shall comply with all the requirements as are set forth in N.J.A.C. 5:23-6.31 and all sections of the Uniform Construction Code and Uniform Fire Code relating to Special Amusement Buildings including, but not limited to Section 411.1 et seq. of the Uniform Construction Code and N.J.A.C. 5:70-2.7 of the Uniform Fire Code, in addition to the requirements set forth hereinbelow.

Unless otherwise specifically amended by this section, all provisions of Belleville Township Code Section 4-1.1 et seq. apply to any applicant in connection with the subject matter stated or referenced herein.

Possession of a carnival registration certificate shall not relieve the owner/applicant of responsibility for obtaining permits and licenses required by the Township of Belleville.

The required fees must accompany any application for carnival, Special Amusement Buildings, tents and air supported structures.

a. A registration certificate shall be subject to revocation in the event that any change is made to the itinerary submitted on the original application in the Township of Belleville. If the Township revokes a certificate previously issued, a new application package and fee shall be submitted.

A use of an existing building or portion thereof as a Special Amusement Building for not more than 15 days in a calendar year is allowed provided the Fire Official has issued a permit. In the event the use is more than 15 days in the calendar year it is considered a change in use and the building is required to comply with the building and fire requirements set forth in N.J.A.C. 5:23-6.31.

§ 4-28.2 Restrictions.

[Ord. #3211]

a. No carnival, Special Amusement Building, tents and/or air supported structures shall be licensed, used, placed or maintained in any location within 1,500 feet of an elementary or secondary school, unless approval is obtained from both the Belleville Board of Education and the Governing Body of the Township of Belleville.

b. The application shall have attached to it a floor plan, sealed from an architect/engineer showing location of the premises to be licensed, further showing clearly all entrances and exits and indicating the total number of unobstructed square feet of any room within the premises. All licenses issued hereunder shall:

1. Be signed by the Construction Official;

2. Bear the date of issuance;

3. Show the name of the person to whom issued; and

4. Show the location of the premises wherein the amusement is to be conducted.

5. The license shall be posted and conspicuously displayed in the licensed premises.

§ 4-28.3 Transfers.

[Ord. #3211]

The license shall not be transferable from place to place or to another person, until proper application shall have been made as heretofore provided for an original issuance, and shall be granted only on the written consent of the Construction Official.

§ 4-28.4 Hours of Business During School Hours.

[Ord. #3211]

a. Hours of Operation:

Monday- Saturday 10:00 a.m. — 10:00 p.m. (with the exception when school is in session not before 2:30 p.m.)

Sunday 1:00 p.m. — 10:00 p.m.

Violation of business hours will result in a fine not to exceed $500 for the first offense; and $1,000 for each subsequent offense. Violations occurring on a succeeding day shall be cumulative.

§ 4-28.5 Definitions.

[Ord. #3211]

SPECIAL AMUSEMENT BUILDING

A Special Amusement Building is any temporary or permanent building or portion thereof that is occupied for amusement, entertainment or educational purposes and that contains a device or system that conveys passengers or provides walkway along, around or over a course in any direction so arranged that the means of egress path is not readily apparent due to visual or audio distractions or it is intentionally confounded or is not readily available because of the nature of the attraction or mode of conveyance throughout the building or structure. All tours, attractions, displays, and related features associated with the Special Amusement Building operation shall be confined entirely within the principal building.

The use of outdoor public address systems and outdoor speaker systems intended to amplify music and/or sound effects outside the principal building is prohibited.

The use of signs, banners, or other display items is prohibited.

§ 4-28.6 Further Licensing/Permit Requirements.

[Ord. #3211]

a. An applicant for special amusement events as recited in this section shall further supply and conform with the following:

1. Identification of Applicant: Names and addresses and phone numbers of the owners along with business name, address and phone numbers; of the tent or air supported structure.

2. Special Construction: An affidavit or affirmation shall be submitted to the Code Official and a copy retained on the premises on which the tent or air supported structure is located. The affidavit or affirmation shall attest to the following information relative to the flame resistance of the fabric.

3. Spot Lighting: Spot or effect lighting shall only be by electricity, and all combustible construction located within six feet of such equipment shall be protected with approved noncombustible insulation not less than 1/4 inch think.

4. Portable Fire Extinguishers: At least one portable fire extinguisher with a minimum 4-a rating, or two portable fire extinguishers with a minimum 2-A rating each, shall be provided in all tents or air supported structures.

5. Safety Film: Motion pictures shall not be displayed in tents or air supported structures unless the motion picture film is safety film.

6. Exposed Flames: Gasoline, gas, charcoal or other cooking device or any other unapproved open flame shall not be permitted inside or located on or about the premises of the tent or air supported structure.

7. Alarm: Actuation of a single smoke detector, the automatic sprinkler system or other automatic fire detection device shall immediately sound at the building at a constantly attended location from which emergency action can be initiated including the capability of manual initiation of requirements in section 907.2.11.2.

8. Anchor Inspection: All anchors shall be inspected regularly and adjusted or repaired immediately to ensure a secure base attachment and seal.

9. Inflation Pressure: Operating pressure shall be maintained at the design pressure specified by the manufacturer.

10. Door Operation: During high winds exceeding 50 miles per hour or in snow conditions, the use of doors in air supported structures shall be controlled to avoid excessive air loss. Doors shall not be left open.

11. Maintenance Inspection: The owner of the tent or air supported structure shall file a maintenance inspection report every month. The inspection report shall verify that the structure has been inspected and serviced by a representative of the manufacturer of the structure.

12. Display of Insurance Policy: Copies of insurance policy designating the proper entity named as insured and listed as such "additional insured". The appropriate police and fire personnel (from the Township only) shall be on site at all times at the applicant's expense along with sufficient security personnel hired by the applicant to prevent unruly behavior.

13. Insurance Policy Required: No license shall be issued and no device shall be operated or riders solicited therefor unless and until the licensee-operator thereof has filed for and obtained an insurance policy for the period of the permit and/or the license, said insurance policy to be written by a company duly licensed to transact business under the laws of this State providing for the payment of a sum not less than $1,000,000 to satisfy all claims for damages, by reason of bodily injury to, or the death of, any one person, resulting from an accident occurring from the use or operation of the amusement device; and a sum not less than $1,000,000 to satisfy all claims for damages, by reason of the bodily injuries to, or the death of, all persons resulting from such accident.

The Township of Belleville shall be designated as a named insured. The insurance policy shall contain an endorsement providing for notice to the Township of Belleville 30 days in advance of the cancellation of such policy of insurance.

§ 4-28.7 Fees.

[Ord. #3211; Ord. #3303]

Carnival	1-5 days — $3,000 (total)
	5-10 days — $5,000 (non-cumulative)
Special Amusement	$1,000 per day
Halloween Event	$1,000 per day*
Christmas Display	$500 per day
All other events	$500 per day

*	Exceptions for an established and existing business within the Township of Belleville shall pay $250 per day for a "Halloween Event."

§ 4-28.8 Suspension and Revocation of License and/or Permits.

[Ord. #3211]

a. In addition to any other penalties for any violation of this chapter, the Construction Official may, after notice and hearing and for just cause, suspend or revoke any license issued hereunder for:

1. A violation of the provisions of this section;

2. Failure to comply with the Federal or State laws, or City ordinances pertaining to the operation of the licensed premises;

3. Failure to maintain the premises in accordance with the provisions of this chapter;

4. Any cause which would have been cause for rejection of the application in the first instance;

5. Falsification of the application; or

6. Accepting delivery of an amusement device which has not been licensed.

If the license is revoked, the premises shall not be licensed under this chapter for a period of one year from date of revocation.

§ 4-28.9 Sanitation and Safety.

[Ord. #3211]

All areas shall be kept clean at all times, healthful and in sanitary condition. Applicant or their designee will be responsible for all trash and debris; and to be removed on a daily basis off the designated property. All rooms connected therewith as well as all stairways and other passages shall be kept open and well lighted at all times.

§ 4-28.10 Ordering Premises Vacated.

[Ord. #3211]

It shall be the duty of the Code Official, Police, Electrical Inspector and or Fire Inspector to order and cause any place where any public is held to be vacated whenever in his judgment any provision of this section is being violated therein or whenever any indecent act shall be permitted or whenever any disorder shall take place therein.

§ 4-28.11 Obstruction of Aisles.

[Ord. #3211]

In all places of public amusement, the aisles and passageways in such places shall be kept free and clear of all obstructions, and no person shall stand or remain in such aisles or passageways while such places are open to the public. It shall be the duty of the proprietor or lessee of every such place to keep the aisles and passageways therein free and clear from all obstructions and to prevent persons from standing and remaining therein while and so long as such place is open to the public.

The proprietor or lessee of any such place who shall suffer or permit the aisles and passageways thereof to be obstructed while the same is open to the public, or who shall permit or suffer persons to stand and remain in the aisles and passageways of any such place while the same is open to the public.

It shall be the duty of the police to aid in the enforcement of the provisions of this section, and the police shall have power at any time, while any such places are open to the public, to prevent persons from standing or remaining in the aisles and passageways of such places, and to remove all persons there from and to require all obstructions to be removed there from.

§ 4-28.12 Service of Notices.

[Ord. #3211]

Whenever in this section a required notice is to be given to the applicant or the holder of a license or permit, such service of the notice to be given, receipt may be made personally or by registered or certified mail, with return receipt requested, at their last known place of address or their last known business address.

§ 4-28.13 Penalty.

[Ord. #3211]

Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

§ 4-29 MOBILE VENDORS.

§ 4-29.1 Definitions.

[Added 6-9-2020 by Ord. No. 3575]

As used in this section, the following terms shall have the meanings indicated:

MOBILE VENDOR

A person who goes from place to place, including special events on public or private property, or from house to house by traveling on public streets by vehicle and carries with him or her, whether with or without other products, ice cream products, frozen dessert products, water ices, beverages, frozen confectionery products, food and foodstuffs which, are prepared for retail sale or are prepackaged, all for the purpose of selling or attempting to sell them to customers from such vehicle (aka Food Truck). "Vehicle" shall not include a trailer or pushcart.

§ 4-29.2 Mobile Vendor License Required.

[Added 6-9-2020 by Ord. No. 3575]

It shall be unlawful for any person, partnership or corporation to directly or indirectly sell or offer to sell ice cream products, frozen dessert products, water ices, beverages, frozen confectionery products, food and foodstuff that are prepared for retail sale, or are prepackaged, through the parking, standing or location of any truck, or other mobile unit upon public lands, streets or highways within the Township or in close proximity thereto without first obtaining a license to do so, said license to be obtained from the Municipal Clerk pursuant to § 4-1.19 hereof.

§ 4-29.3 Mobile Vendor License Fee.

[Added 6-9-2020 by Ord. No. 3575]

All licenses required under the provisions of this section shall be applied for as set forth in § 4-3.1 through § 4-3.10 of Chapter 4, except that the fee for the same shall be $100 per vehicle licensed, and the one-day license fee shall be $25.

§ 4-29.4 Regulations and Restrictions.

[Added 6-9-2020 by Ord. No. 3575]

a. It shall be unlawful for anyone engaged in the business of selling any of the items set forth in § 35-1 of this section from vehicles to misrepresent the character or quality of the merchandise offered for sale or to importune or otherwise annoy any person or persons for the purpose of effecting a sale.

b. All products so sold or offered for sale from such vehicles shall comply with all the laws and local ordinances relating to food and food products.

c. It shall be unlawful for a mobile vendor to:

1. Sell or offer to sell his or her products in streets where the permitted speed limit is 30 miles per hour or more.

2. Sell or offer to sell his or her products to a person standing in the roadway, nor shall be or she allow any unauthorized person to ride in or on the vehicle.

3. Occupy a location in a residential zone for a period no longer than 15 minutes. A street location which immediately abuts a residential zone on either side shall be considered a residential zone.

4. Occupy a temporary location in any other zone for a period longer than 1/2 hour.

5. Occupy any location situated within 200 feet of the property of any elementary, middle or high school, whether public or private.

6. Occupy the same temporary location twice within one twenty-four-hour period, regardless of the character of the zone chosen for the location of the vehicle.

7. Relocate his or her vehicle in compliance with paragraphs a, b and c above within 500 feet of the location just immediately vacated by him or her.

8. Vacate a temporary location without first removing all waste and debris which has been caused by his or her occupancy or his or her patrons.

9. A mobile vendor subject to the provisions of N.J.S.A. 39:4-128.7 shall, to the extent said statute is inconsistent with this article, comply with the statute, otherwise, this section shall apply.

d. Notwithstanding anything herein to the contrary, a mobile vendor, other than a frozen dessert truck as defined in N.J.S.A. 39:4-128.3, may only occupy the following location, and not in streets, strictly in compliance with the conditions imposed by this section and where applicable, the special conditions imposed by this subsection and set forth below:

1. Location.

(a) The parking lot at 890 Joralemon Street, Belleville, New Jersey (Block 1201, Lot 1) also known as the pistol range.

2. Parking is limited to the hours of 10:00 a.m. to 8:00 p.m. every day.

3. Food and drinks may only be sold between the hours of 11:00 a.m. to 7:00 p.m.

4. Each vendor must place a trash can of adequate size and a recycle can in close proximity to the vendor's location. Vendors are required to remove trash and to properly dispose of trash and recyclable containers and materials. No trash or recyclables shall be disposed of in receptacles owned by the Township or nonprofit corporations or associations that place trash or recycling receptacles on the street for use by the public.

5. There shall be a limit of four permits issued for the above location in accordance with written procedures established by the Manager and file with the Township Clerk.

6. Vendors for the permit parking spaces authorized by this subsection shall be selected by a scaled bid auction held annually for a one-year period commencing September 1st of the year in which the auction is held. Notice of the auction shall be published and posted in the same manner as an ordinance at least 14 days before the date of the auction.

7. The fee for each permit shall be the highest amount bid, with a minimum annual fee to be determined on an annual basis.

8. The Manager is authorized to promulgate the additional regulations concerning proper behavior of the vendors.

e. Nothing herein shall be construed to:

1. Permit parking in any location in violation of the general parking ordinances of the Township of Belleville.

2. Limit the discretion of a police officer to require a mobile vendor to move from an otherwise permitted location in the interest of public safety or the adequate movement of vehicular or pedestrian traffic.

§ 4-29.5 Violations and Penalties.

[Added 6-9-2020 by Ord. No. 3575]

a. Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of this section exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.

b. The permit authorized by this section may be revoked as follows:

1. The Clerk shall revoke the permit of any person who has been convicted three times for violating this section within a two-year period commencing with the first conviction. A person whose permit is revoked may appeal to the Manager no more than 15 days after the date of revocation. The appeal must be in writing and shall set forth reasons why the revocation should be rescinded, supported by pertinent facts.

2. The Clerk shall revoke the permit of any person who has been convicted of a crime of the fourth degree or worse.

§ 4-30 FOOD TRUCK, HEALTH AND FIRE SAFETY.

§ 4-30.1 Definitions.

[Added 6-9-2020 by Ord. No. 3575]

As used in this section, the following terms shall have the meanings indicated:

FOOD VENDOR

The owner or operator of a food truck or the owner's agent; hereinafter referred to as "vendor."

§ 4-30.2 Inspection Required.

[Added 6-9-2020 by Ord. No. 3575]

No food truck operate within the borders of the Township of Belleville without first having been inspected and approved by the Belleville Fire Department Fire Prevention Bureau and the Township of Belleville Health Department.

§ 4-30.3 Annual Inspection; Certificate of Approval.

[Added 6-9-2020 by Ord. No. 3575]

a. Food vehicles shall be inspected annually. Compliant food vehicles shall receive a certificate of approval valid until December 31st of the year in which the certificate is received. Certificates of approval shall be displayed prominently in or on the food vehicle as directed by printed instructions on the certificate.

b. The inspection fee of $50 shall be paid at the time of application. For continuous operation within the Township, a yearly permit from January through December is required. For renewal, the vendor must file an application and pay the required fee prior to each new year, and an appointment for inspection will be scheduled no later than March 1st.

c. The Fire Official shall prepare a checklist for the inspection specifically detailing the requirements needed and standards which must be complied with for approval. The checklist shall be publicly available. Nothing in this subsection shall be construed as limiting the authority of the Fire Official to supplement the requirements of the checklist in a particular case in the interest of public safety.

d. Vendors failing the inspection may be reinspected at any time. No additional fee will be charged for the first reinspection if within 30 days of the first inspection. The full inspection fee is required for reinspections after that date and any additional reinspections.

§ 4-30.4 Special Events.

[Added 6-9-2020 by Ord. No. 3575]

A vendor operating at a special event, party, fair, festival or movie production where there will be a mobile vendor is required to comply with this article. The application must be filed no later than two weeks before the event. Applications made less than two weeks before the event may be accepted up to the day of the event at the discretion of the Fire Official. A late service fee may be charged not to exceed double the standard fee. In no case may a food vehicle operate without approval by the Fire Official.

§ 4-30.5 Violations and Penalties.

[Added 6-9-2020 by Ord. No. 3575]

Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of this section exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.