Borough of Milltown, NJ
Middlesex County
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Table of Contents
Table of Contents
[1984 Code § 106-1; Ord. No. 08-1283]
The purpose of this chapter is to provide a uniform set of procedures for administering the issuance, renewal and revocation of licenses issued by the Borough, except alcoholic beverage licenses, dog licenses and building permits.
[1984 Code § 106-2]
a. 
All applications for licenses shall be made to the Borough Clerk, upon forms provided by him, and shall contain the following information:
1. 
Name and permanent and local address of the applicant. If the applicant is a corporation, the name and address of its registered agent and the address of the principal business and name of the agent in charge thereof.
2. 
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
3. 
If a vehicle is to be used, its description, including the license number.
4. 
If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.
5. 
The days of the week and the hours of the day during which the licensed activity will be conducted.
6. 
A description of the nature of the business and the goods, property or services to be sold or supplied.
7. 
A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance other than traffic offenses and, if so, the date and place of conviction, the nature of the offense and the punishment or penalty imposed.[1]
[1]
Editor's Note: For licensing of dogs and cats see Chapter 6, Animal Control. For sale of alcoholic beverages, see Chapter 6, Alcoholic Beverage Control. For licensing of boarding and rooming houses, see Chapter 15, Section 15-6. For licensing of swimming pools, see Chapter 18.
8. 
Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his character and responsibility.
b. 
The applicant shall be fingerprinted if the Police Director and/or Chief of Police determines that fingerprints are necessary for proper identification. Fingerprint records shall be immediately processed for classification and identification.
c. 
Applications by partnerships shall be signed by all partners with the information required by this section supplied in detail as to each partner, and applications of corporations shall have attached individual statements containing all of the information required by this section relating to each employee or agent who shall engage in the licensed activity, and shall be signed by each employee or agent.
[1984 Code § 106-3; Ord. No. 2015-1417]
Each application shall be referred to the Chief of Police or a police officer designated by him, who shall immediately institute whatever investigation of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity as he considers necessary for the protection of the public. He shall communicate his findings in writing to the Borough Clerk within a reasonable time after the application has been filed. If the investigator decides that the applicant's character, ability or business responsibility are unsatisfactory or the products, services or activity are not free from fraud, he shall disapprove the application, and the Clerk shall refuse to issue the license and shall so notify the applicant. Otherwise, the Borough Clerk shall issue the license immediately, provided that the required license fees have been paid, except in cases where approval of the Mayor and Borough Council is required. In the case of an application for a solicitor's peddler's or canvasser's license, the license may be issued immediately subject to the investigation.
[1984 Code § 106-4]
Licenses shall be in a form prescribed by the Borough Clerk and shall contain the following information:
a. 
The name and address of the licensee.
b. 
The number and type of the license and the nature of the licensed activity.
c. 
The address at which the licensed activity is conducted, if the activity is carried on at a fixed location.
d. 
If the licensed activity is conducted from a vehicle, the make, model and license number of the vehicle.
e. 
The expiration date of the license.
f. 
Any other appropriate information which the Mayor and Borough Council may, by resolution, require.
[1984 Code § 106-5]
The Borough Clerk shall keep a record of all licenses issued under this chapter. The record shall contain the same information as is required by subsection 4-1.4 to be contained in the license. It shall also indicate the amount of the fee paid for the licenses; the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal and any other information which the Mayor and Borough Council may, by resolution, require.
[1984 Code § 106-6]
When the licensed activity is conducted at a fixed location or from a vehicle, the license shall be prominently displayed at the location or on the vehicle. In all other cases, the licensee shall have the license in his possession at all times and shall display it upon the request of any police officer or any Borough official.
[1984 Code § 106-7]
Every license shall apply only to the person to whom it was issued and shall not be transferable to another person. Licenses may be transferred from place to place in cases where the licensed activity is conducted at a fixed location but only with the approval, by resolution, of the Mayor and Borough Council.
[1984 Code § 106-8]
Except where expressly provided otherwise, all licenses shall expire on December 31 of the year of issue at 12:00 midnight local time.
[1984 Code § 106-9]
When the application for a license is made during the course of any calendar year, the fee shall be prorated to the nearest month. Any period of time greater than one-half of a month shall be considered as a full month for this purpose.
[1984 Code § 106-10]
a. 
Any license or permit issued by the Borough may be revoked by the Mayor and Borough Council after notice and a hearing for any of the following causes:
1. 
Fraud or misrepresentation in any application for a permit or license.
2. 
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
3. 
A violation of any provision of this chapter.
4. 
Conviction of the licensee from any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.
5. 
Conduct of the licensed activity, whether by the licensee himself or his agents or employees, in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.
b. 
Whenever a license has been issued immediately upon an application, pending the results of the investigation provided by this chapter, such license may be summarily revoked if the result of the investigation is such as would have resulted in denial of the application.
[1984 Code § 106-11]
Notice of a hearing for the revocation of a license or permit shall be given in writing by the Borough Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at his last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
[1984 Code § 106-12]
At the hearing the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Mayor and Borough Council shall revoke or suspend the license if they are satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.
[1984 Code § 106-13]
The Mayor and Borough Council may issue another license to a person whose license has been revoked or denied as provided in this chapter if, after hearing, they are satisfied by clear and convincing evidence that the acts which led to the revocation or denial will not occur again; otherwise, no person whose license has been revoked or denied, or any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.
[1984 Code § 106-14]
The Mayor and Borough Council may, by resolution, make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of administering the provisions of this chapter or making them more effective. No regulation shall be inconsistent with or alter or amend any provision of this chapter, and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this chapter.
[Ord. No. 753 § 1]
The purpose of this section is to provide standards and regulations for various types of local alarms, burglar, fire and other emergency devices whether by direct line radio, telephone or other means actuating a device at the Police headquarters of the Borough and requiring response thereto by the Police Department, Fire Department or other municipal agencies of the Borough.
[Ord. No. 753 § 2]
The provisions of this section shall apply to any person, who operates, maintains or owns any alarm device or local alarm designed to summon the Police Department or Fire Department or other municipal agencies to any location in response to any type of alarm signal. The terms of this section shall in no way prohibit alarm companies from providing services by private sources to other offices within or without the Borough so long as such activity is not connected to the alarm panel. Any person having premises protected by a local alarm shall be responsible for the registration thereof in accordance with the provisions of this section.
[Ord. No. 753 § 3]
As used in this section:
ALARM CONSOLE
Shall mean the console or control panel of devices giving visual or audio indications or both and general communications located within the confines of the Police Department of the Borough of Milltown.
ALARM DEVICE
Shall mean any type of alarm system actuating equipment in the alarm panel or alarm register providing warning of intrusion, fire smoke, flood or other peril.
ALARM PANEL
Shall mean that component installed in the console in the law enforcement building and containing alarm indications and designations.
ALARM SYSTEM
Shall mean the installation in one or more buildings of one or more devices or local alarms for the express purpose of giving visual or audible warning, or both, of an emergency such as burglary, intrusion, fire or smoke.
CENTRAL OFFICE ALARM
Shall mean any alarm device which when activated transmits a signal to a remote location indicating an alarm condition. This type of alarm may or may not have a local bell, depending on its design.
DIAL ALARM
Shall mean that type of device that employs an automatic dialing system precoded to connect with a special telephone in the law enforcement building rather than to the alarm panel.
DIRECT ALARM CONNECTION
Shall mean any alarm device which when activated transmits a signal directly to the alarm panel at Police headquarters via telephone lease lines.
FALSE ALARM
Shall mean the actuation of an alarm system by causes other than those to which the alarm system was designed or intended to respond. Testing of the alarm system without prior approval of the Borough of Milltown Police Department shall be considered a false alarm.
LICENSEE
Shall mean the person obtaining the license to install, operate and maintain the alarm panel at the Milltown Police Headquarters.
LOCAL ALARM
Shall mean any alarm device which when activated sounds a warning bell at the location of the alarmed premises and does not transmit any type of signal to another location.
PERMITTEE
Shall mean any person owning or leasing an alarm device of any type within the Borough of Milltown.
PERSON
Shall mean and include any natural person, partnership, corporation or association, or any other legal entity.
[Ord. No. 753 § 4]
a. 
There is hereby established an alarm panel license which will be granted a licensee upon the recommendation of the Borough Council.
b. 
Any such licensee shall have exclusive use and control of the alarm panel which shall be installed in the communications console in accordance with the specifications, except for use by the Police Department. Such licensee shall be responsible, at no cost to the Borough, for constructing, installing, operating and maintaining the panel containing equipment and being a design approved by the Chief of Police. The licensee shall locate the panel, if necessary, under the supervision of the Chief of Police at no cost to the Borough.
c. 
Any licensee for the alarm console shall provide for a representative to be on call at all times and such service shall be provided within one hour of notification to the Police Department of any malfunctions of any equipment. Any such licensee shall provide a phone number of a person who upon receipt of a report of malfunction is the operation of the alarm console shall notify the Police Department within 30 minutes of any such malfunction.
[Ord. No. 753 § 5; Ord. No. 823 § 1;Ord. No. 08-1283]
a. 
Application; Insurance; Indemnification of Borough. Every person desiring to install an alarm system within the Borough shall make application to the Chief of Police for a permit to do so. The application shall be in such form as the Chief of Police shall prescribe and shall set forth all information required by the Chief of Police to enable him to effectively carry out his public safety responsibilities.
As part of the application, the permittee shall provide an agreement to release the Borough of Milltown, its officers, agents and employees, from any and all liability and agree, to indemnify and save harmless the Borough of Milltown, its officers, agents and employees, for or on account of any acts or omissions directly or indirectly related to the installation, operation or maintenance of the alarm panel and alarm register and the connection of the applicant's alarm system thereto and he shall furnish annually to the Borough Clerk a noncancellable insurance certificate indicating public liability coverage in an amount no less than $500,000 each person, $1,000,000 each accident and $100,000 each accident, property damage.
b. 
Upon compliance by the applicant with all the provisions of this section, the Chief of Police shall issue to the applicant a permit for the alarm system applied for.
c. 
Processing Fee. The permittee shall pay to the Borough a processing fee of $10 with each alarm application submitted.
d. 
Inspections. Every permittee shall, by acceptance of the permit, be deemed as having consented to the inspection of the alarm system, by appointment at reasonable hours, by the Chief of Police or his designated representative, and shall accept the responsibility for the proper operation of the alarm system up to and including the line connection, if any, to the Police Department.
e. 
Unauthorized Equipment. Any persons installing or maintaining unauthorized equipment shall be prosecuted for violation of this section and each and every day the equipment is in operation shall be considered a separate violation.
f. 
Emergency Repairs. Any licensee and/or permittee for an alarm shall provide for a representative to be on call for emergency repair service. In each case wherein the alarm is connected directly to Police headquarters the service shall be provided within eight hours of notification by the Police Department of any malfunction of any equipment.
g. 
False Alarms. In the case of false alarm, any person having knowledge thereof shall immediately notify the Police Department. In addition, in the case of false alarms, the Chief of Police shall cause an investigation to be made and keep a record of the alarms on file. For such false alarms, the following penalties shall be imposed:
For the first and second false alarm in any given calendar year, a warning shall be issued. For each alarm after the second false alarm in any given calendar year, a penalty may be imposed of not less than $25 nor more than $200 for each such additional false alarm. Where the investigation of the Police Department discloses continued abuse of the privilege of connection to the alarm console and a disregard of the permittee for taking remedial steps to avoid false alarms, the Borough Council reserves the right to require disconnection from the alarm console for a limited or permanent time; provided that no such permit shall be revoked or suspended without giving the permittee an opportunity to show cause before the Borough Council why such action should not be taken.
h. 
Reasons for Rejection of Application. Prior history of excessive false alarms and/or failure to pay fees or charges shall constitute reason for rejection of an application.
i. 
Bells, Sirens and Horns. An alarm system within the Borough may be equipped with a bell in accordance with subsection 4-2.7c. Nothing in this section shall prohibit the use of a siren or horn, installed prior to the effective date of this section.
[Ord. No. 753 § 6]
a. 
Applicants desiring to connect directly to the alarm panel at Police headquarters shall be accommodated on a first-come, first-serve basis. Commercial or residential alarms may be accepted.
b. 
An additional fee for this service must be paid to the alarm panel licensee at the following rates: Connection $70, monthly maintenance $7, high security line connection $125, and monthly maintenance $7.
c. 
If this system is equipped with a local bell, it shall have a time relay or other device which will limit the operation of the bell to not more than 15 minutes.
[Ord. No. 753 § 7]
a. 
All alarm systems which are connected directly to a central office operated by various alarm companies or local, on-site, alarm systems shall be required to submit an approved application and payment of a $10 processing fee made payable to the Borough.
b. 
All central office alarm systems when equipped with a local bell and all local alarm systems shall have a time relay or other device which will limit the operation of the bell to 15 minutes or less.
c. 
If any person has a central office or local alarm system in existence at the time of passage of this section, he or she shall have 60 days from the effective date of this section to register the alarm and pay the appropriate fee.
[Ord. No. 753 § 8]
a. 
Fee. All dialer-type alarm systems shall be required to submit an approved application and payment of a $10 processing fee payable to the Borough.
b. 
Dialer alarms must be the type accepted by the Federal Communications Commission and connected in a manner approved by Federal Communications Commission regulations.
c. 
All dial alarms shall be coded to dial a special number provided by the Police Department. In addition, the system must be coded to notify a third party who shall be named in the registration required by this section.
d. 
All dial alarms shall be capable of being disconnected by the owner to permit a call to the Police switchboard in the event that a false alarm occurs.
e. 
Owners of dial alarms shall be governed by the false alarm procedures and penalties set forth in this section.
f. 
If any person has a dial alarm system in existence at the time of passage of this section, they shall have 60 days in which to reprogram their equipment to comply with the terms of this section and to register the system with the Police Department and submit the fee as required in paragraph a.
g. 
If any dial alarm shall hereafter be found to be in operation without being registered, the occupant of the building or other person in whose name the telephone is listed shall be sent a notice in writing by the Chief of Police requiring compliance with the terms of this section. If the occupant or telephone subscriber shall fail to comply within 10 days after receipt of such notice, he shall be liable to the penalties as set forth in this section.
h. 
The contents of any recorded message from a dial alarm must be intelligible and in a format approved by the Police Department. No such message shall be transmitted more than three minutes as a result of a single stimulus of the mechanism. Messages shall not exceed 15 seconds and the time gap between delivery shall be approximately 10 seconds.
i. 
The sensory mechanism of dial alarms shall be adjusted so as to suppress false indications and not to be actuated by impulses due to pressure changes in water pipes, short flashes of light, wind, noises, rattling, or vibration of doors or windows or other forces unrelated to general alarms.
j. 
All components of dial alarms shall be maintained by the owner in good repair. When evidence exists that there has been a failure to comply with the operational requirements of this section, the Chief of Police is then authorized to demand that such device be disconnected until such time as compliance with such requirements is reestablished.
k. 
This device should provide an automatic line seizure feature in the event this line is busy with an incoming or outgoing call.
[Ord. No. 753 § 9]
The Borough of Milltown shall be under no duty or obligation to any permittee hereunder or to any alarm panel licensee hereunder, the alarm panel and allied equipment being maintained at will and subject to termination at any time by cancellation of the system by the Chief of Police provided that 10 days' notice is given in writing to the permittee.
[Ord. No. 753 § 10]
Whenever, under the provisions of this section, the Chief of Police, or any authorized representatives may have designated, are empowered to make a decision with respect to the installation, operation and maintenance of any alarm equipment, or with respect to the issuance or denial of any application relating thereto, any person aggrieved by the decision may, within 10 days following the decision, file a written appeal therefrom with the Borough Council who shall conduct a hearing and affirm, modify and reverse the decision appealed from.
[Ord. No. 753 § 11]
The Borough Council may promulgate rules and regulations supplementing this section in order to provide for record keeping and efficient management of the system.
[Ord. No. 753 § 12; Ord. No. 08-1283]
Any person, firm or corporation which shall violate any of the terms of this section, other than the provisions governing false alarms, shall be liable to the penalty stated in Chapter 1, Section 1-5.
[1984 Code § 54-1]
The purpose of this section is to provide for the economic and social welfare, health, peace and morals of the people of the Borough of Milltown, and all of its provisions shall be liberally construed for the accomplishment of that purpose.
[1984 Code § 54-2]
As used in this section:
CABARET
Shall mean any room, place or space in the Borough where refreshments of any kind are served for gain or profit, and/or dancing, entertainment or exhibitions are given or permitted in connection therewith or any room, place or space in the Borough where exhibitions or other forms of entertainment or amusement are given or conducted for gain or profit and dancing and serving of refreshments of any kind are permitted.
EMPLOYEE
Shall mean a person employed in any capacity or title in connection with a cabaret, including the licensee and any and all persons responsible for the control or management thereof. It shall include a concessionaire and each person employed by a concessionaire.
PERSON
Shall mean natural persons of either sex, firms, corporations, partnerships, associations, joint-stock companies, societies and any other legal entities of any kind capable of being sued, whether acting by themselves or by servant, agent or employee. The singular masculine pronoun shall include the feminine and the singular number shall include the plural.
[1984 Code § 54-3]
It shall be unlawful for any person to conduct, maintain or operate a cabaret unless the room, place or space wherein the same is conducted, maintained or operated is licensed in the manner prescribed herein.
[1984 Code § 54-4]
a. 
Any person desiring to procure a cabaret license shall make application therefor to the Borough Council on a form provided by the Borough Clerk's office. Such form shall contain the following information.
1. 
Name, residence and age of applicant.
2. 
Whether applicant is individual, partnership, corporation or other association.
3. 
If a partnership, the names of all persons having an interest in the partnership, their addresses and ages.
4. 
If a corporation, the names of all persons having an interest in the partnership, their addresses and ages.
5. 
If a corporation, the name of each stockholder, together with the number of shares held by each and the percentage of total outstanding shares.
6. 
Whether any of the persons named in paragraphs 1 through 5 above are citizens of a country other than the United States and the names and country of citizenship of those who are.
7. 
How long each applicant, member of a partnership or officer of a corporation has been resident of the Borough and place of previous employment.
8. 
Whether any person mentioned in paragraphs 1, 3, 4 and 5 has been convicted of a felony or misdemeanor. If so, give full particulars.
9. 
Whether any person mentioned in paragraph 1, 3, 4 and 5 has engaged individually as an operator or manager of a cabaret or similar business within the last five years. If so, give name of such business, its address and the length of time such person operated such business.
10. 
Whether any person mentioned in paragraphs 1, 3, 4 and 5 has ever had previous cabaret or similar license revoked or suspended, and whether such person has been convicted of operating or managing such a business without a license. If so, give full particulars.
11. 
The name of the cabaret under which the applicant will operate.
12. 
The nature of the entertainment or exhibitions to be produced.
13. 
The area of the floor space to be used, the number of rooms to be occupied and the number of entrances and exits.
14. 
Whether any part of the premises to be used will be used for a hotel, rooming house or lodging house. If so, give full particulars.
15. 
Whether any of the persons has ever been convicted of violating an ordinance or law relating to public morals or decency.
16. 
Names and address of all employees.
17. 
Proposed location of cabaret.
b. 
The application shall be signed and verified by the applicant before an officer authorized to administer an oath.
c. 
The application shall be referred to the Chief of Police, the Fire Inspector, Health Inspector and Construction Code Officer for proper investigation of the applicant and the premises. Such application shall not be approved by the Borough Council unless a favorable report in writing from each of the named officials shall have been received, and such applicant and premises conform to the requirements of this chapter and all laws and regulations of the State of New Jersey and the Borough. No application shall be approved by the Borough Council unless a favorable report in writing from each of the named officials shall have been received, and such applicant and premises conform to the requirements of this chapter and all laws and regulations of the State of New Jersey and the Borough. No application shall be granted unless the applicant (or, if a corporation, the holders of a majority of its capital stock) and all persons having an interest in such business are of good moral character and have not been convicted of violating laws or ordinances relating to public morality or decency, or to the sale of intoxicating liquor, within one year preceding the date of such application.
d. 
If any report of the above-named officials is not favorable, notice shall be given to the applicant within three days, whereupon the applicant may appeal to the Borough Council within 60 days and by competent evidence prove that the applicant (or, if a corporation, the holders of a majority of its capital stock) and all persons having an interest in the proposed cabaret are of good moral character, that none of them has ever been convicted of any of the above-mentioned offenses as herein provided and that the premises described in the application comply with the requirements of this section and all laws and regulations of the State of New Jersey and the Borough. If, after such appeal, the Borough Council shall find from a preponderance of the evidence that the foregoing facts have been established, it may, in its discretion, issue such license.
[1984 Code § 54-5]
The fee for each cabaret license shall be $100, payable upon submission of the application. In the event that an application is denied, $50 shall be refunded to the applicant.
[1984 Code § 54-5]
All licenses issued between the first day of January and the 30th day of June, inclusive, of any year, shall expire on the 31st day of December of the same year, and all licenses issued between the first day of July and the 31st day of December, inclusive, of any year, shall expire on the 30th day of June of the succeeding year.
[1984 Code § 54-5]
a. 
All licenses granted pursuant to this section shall be renewed annually upon submission of an application which shall be subject to investigation by any official at his discretion, as designated in subsection 4-4.4c.
b. 
The renewal fee for such license shall be $75, payable upon application for renewal. If such renewal is denied, the applicant may appeal as described in subsection 4-4.4d and if, after such appeal, renewal is denied, $50 of the renewal fee shall be refunded to the applicant.
[1984 Code § 54-5]
Such license shall not be transferable and shall not authorize the person to whom it is granted to conduct a cabaret at any other location other than that specified in the application and the license if granted as herein provided.
[1984 Code § 54-6]
a. 
A license may be suspended or revoked by the Borough Council for violation of this section or upon the grounds that disorderly, obscene or immoral conduct is permitted on the licensed premises, or is occasioned in the vicinity of such premises as a result of its existence of where the same was procured by fraud or false representation of fact. During such period of suspension or revocation, it shall be unlawful to use or occupy any portion of such premises as a cabaret.
b. 
Notice of its intention to suspend or revoke such license shall be served upon the licensee of such premises by registered mail. There shall be included in or attached to such notice a statement of the facts upon which the violation is charged. The licensee shall then be entitled to a hearing before the Borough Council within 60 days. Whenever any license shall be suspended or revoked, no refund of any unearned portion of the fee shall be made and at least six months from the time of such suspension or revocation shall elapse before another license shall be issued for the same premises. If the license of any premises is twice suspended or revoked within a period of one year, a new license shall not be issued to such place for a period of at least one year from the date of the second suspension or revocation.
[1984 Code § 54-7]
Every person licensed in accordance with the provisions of this section shall immediately post such license and keep the same posted while in force in a conspicuous place on the premises mentioned in the application for such license.
[1984 Code § 54-8]
Whenever a license shall be lost or destroyed without fault on the part of the holder or his agent or employee, a duplicate license in lieu thereof may be issued upon the payment of a fee of $10.
[1984 Code § 54-9]
a. 
Premises licensed hereunder shall not exercise cabaret privileges between the hours of 1:00 a.m. and 7:00 a.m. However, the Borough Council, in its discretion, may permit any premises licensed hereunder to exercise cabaret privileges after 1:00 a.m. on special occasions.
b. 
If, for good and sufficient reason, it appears to the Borough Council that the licensed premises creates a private or public nuisance (alternatively, unreasonably affects the welfare, health, peace and morals of the people of the Borough of Milltown), it may require such cabaret privileges to close at 12:00 a.m. so as to reasonably prevent such nuisance.
[1984 Code § 54-10]
a. 
No premises in the Borough shall be leased or hired out for the purpose of conducting cabaret activities thereon unless the person intending to lease or hire such premises shall have applied for and received from the Borough Council a permit to do so. Such permit shall be issued after the Borough Council is satisfied that no fraudulent solicitation of moneys, any disorderly or immoral behavior, or any behavior calculated to disturb the public peace or safety will be conducted on such premises if the permit is granted.
b. 
Application for such a permit shall be made on a form to be provided by the Borough Clerk's office. Such permit shall be good for one day, including those hours of the following day as hereinafter set forth, and the fee for such permit shall be $10.
c. 
A permit issued pursuant to the provisions of this section may, at the discretion of the Borough Council, provide that such cabaret activities may be continued between the hours of 7:00 a.m. and 1:00 a.m. However, if the cabaret activities are to be carried on beyond the time of 1:00 a.m., a new permit shall be required for such activities.
[1984 Code § 54-11]
a. 
No person owning, managing or operating or conducting a cabaret shall allow or permit any person employed by him in the capacity of an entertainer or servant or otherwise to approach or accost any guest to dance with or have refreshments with such employee as aforesaid, during the hours of their employment, nor shall any person in the premises of a cabaret approach any person who is an employee of the owner or manager or operator in the capacity of an engineer or servant or otherwise during the hours of their employment for the purpose of inducing any such person so employed to dance with or have refreshments with such guest.
b. 
It shall be unlawful for any cabaret to have, permit or maintain any boxes or booths closed by any door, screen, curtain or other device. It shall also be unlawful for any cabaret to have, permit or maintain any box or booth with an entrance thereto in any side other than the side which faces the center of the main room.
c. 
It shall be unlawful for the owner, proprietor, manager or person in charge of any place licensed under the provisions of this section or for any employee of the place, to harbor, admit, receive or permit to be or remain in and about any such place, any lewd or dissolute person, any common prostitute, any drunken or boisterous person, or any person under the influence of intoxicating liquor, or any person whose conduct tends in any way to corrupt the public morals.
d. 
It shall be unlawful for any lewd or dissolute persons, any common prostitute, any drunken or boisterous person, or persons under the influence of intoxicating liquor, or any person whose conduct while present in the place in any way tends to corrupt the public morals, to be or remain in or about any place licensed under the provisions of this section after being notified by the management or a peace officer to leave the premises.
e. 
It shall be unlawful for any person to conduct himself in a boisterous manner, to use any profane, obscene or indecent language in or about any place licensed under the provisions of this section or the hallways or entrance thereof.
f. 
It shall be unlawful for any person while dancing in any place licensed under the provisions of this section to assume or maintain any immodest, lewd or suggestive posture or position which in any way tends to corrupt the public morals.
g. 
After sunset every place licensed under the provisions of this section shall be lighted or illuminated by either gas or electricity or other means, provided that the intensity of such illumination shall at no time be less than three footcandles at a plane three feet above the floor at all parts of said place, and it shall be unlawful for the owner, proprietor, manager or person in charge of such place to admit any patron thereto after sunset until the place is illuminated, as provided herein. Such lighting or illumination shall be maintained throughout the entire time during which such cabaret shall be open or entertaining patrons and until such cabaret shall be cleared and closed.
h. 
It shall be unlawful to give or permit the giving of, in any such cabaret, any entertainment or exhibition of a lewd, suggestive, vulgar or immoral type or to use therein any indecent or obscene language or to sing any song of any lewd or vulgar character or to behave in any manner tending to corrupt the public morals.
i. 
It shall be unlawful for any person to bring into or have in his or her possession or partake of any intoxicating liquors in any place designated in this section as a cabaret. This section shall not apply to cabarets where intoxicating liquors may be lawfully sold under the provisions of the Alcoholic Beverage Control Law.
j. 
It shall be unlawful for any person conducting, maintaining or operating a cabaret within the Borough to suffer or permit any waitress, barmaid, entertainer or employee who comes in contact with or appears before patrons of the establishment, or for any other person to appear in the presence of such patrons with breasts uncovered in such a manner that the portion of the breasts below the top of areola is not covered with a fully opaque covering or with the genital or buttock area uncovered or so thinly covered or draped as to permit one to see through the same, or to appear or suffer or permit any person to appear in any scene, sketch, act or entertainment with breasts or the lower part of the torso uncovered or so thinly draped as to permit one to see through same.
k. 
It shall be unlawful for any person licensed under the provisions of this section to permit on the premises any entertainment, amplified by a mechanical device, of such an intensity, character and duration as to disturb the peace, tranquility and good order of the people of the Borough.
l. 
It shall be unlawful for any person licensed under the provisions of this section to permit any disorderly, noisy, riotous or tumultuous conduct or loitering about the licensed premises.
m. 
It shall be unlawful for the owner, proprietor, manager or person in charge of any place licensed under the provisions of this section to refuse admission to any peace officer charged with the duty of enforcing this section. The officers shall have free access at all times to any cabaret licensed under the provisions of this section.
[1984 Code § 54-12]
a. 
The maximum number of persons permitted in any cabaret shall be determined on the basis of one person for each 15 square feet of floor area utilized for cabaret activities.
b. 
The Construction Code Officer shall determine the maximum number of square feet in each place which is subject to this section, and shall cause signs to be posted in such place in conspicuous locations designated by him stating the maximum number of persons permitted to occupy such place at any one time. The owner or occupant of such place shall cause the signs to be posted at the locations designated by the Building Inspector at all times.
[1984 Code § 54-13]
All entrances and exits to the licensed premises shall open out and remain unlocked while there are patrons on the premises and all such exits shall be clearly marked.
[1984 Code § 54-14]
The provisions of this section shall not apply to the activities conducted in a building or buildings owned by any church, public school, firehouse or clubhouse which is not conducted for gain or profit and which is located on a plot of 10,000 square feet or more, or a clubhouse which is not conducted for gain or profit, on a lot of less than 10,000 square feet if exemption therefor is granted by the Borough Council.
[1984 Code § 54-15; Ord. No. 08-1283]
a. 
Any person who conducts a cabaret without a license or permit required by this section, or who makes fraudulent statements on an application therefor, or who, having had his license or permit suspended or revoked, continues to conduct cabaret activities on the licensed premises, shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. Each day's continued violation shall constitute a separate violation.
b. 
The infraction of any other provision of this section shall constitute a violation and subject the offender, upon conviction thereof, to the penalty stated in Chapter 1, Section 1-5. Each day's continued violation shall constitute a separate violation.
[1984 Code § 95-14]
As used in this section:
CHARITABLE AND PHILANTHROPIC
Shall mean and include patriotic, religious, service, welfare, benevolent, educational, civic or fraternal corporations, organizations, societies and the like.
CONTRIBUTION
Shall mean and include alms, food, clothes, money, subscription or property of any nature or kind.
PERSON OR ORGANIZATION
Shall mean any individual, firm, copartnership, corporation, company, association, church, religious denomination, society, class or league.
SOLICIT AND SOLICITATION
Shall mean the request, directly or indirectly, for money, credit, property, financial assistance and other things of value on the plea or representation that such money, credit, property, financial assistance or other things of value will be used for a charitable and philanthropic purpose as defined in this section. "Solicitation" shall be deemed to be complete when made, whether or not the person making the same received any contribution.
[1984 Code § 95-15]
No person or organization shall solicit charitable and philanthropic contributions within the Borough without first obtaining a permit authorizing such public solicitation; provided, however, that the provisions of this section shall not apply to any established person or organization authorized and operated for the pecuniary profit of any person if the solicitations by such person or organization are conducted among the members thereof or if the solicitations are in the form of collections or contributions at the regular assembly or meetings of any such person or organization.
[1984 Code § 95-16]
a. 
Application for a permit to make a public solicitation of funds by charitable and philanthropic organizations shall be made to the Borough Clerk upon forms provided by the Borough.
b. 
In addition to the application requirements stipulated in subsection 4-1.2, the application herein required shall contain the following information:
1. 
The purpose for which such solicitation is to be made and the estimated amount of funds proposed to be raised thereby.
2. 
A specific statement showing the need for the solicitation.
3. 
The name and address of the person or persons who will be in direct charge of conducting the solicitation.
4. 
The names and addresses of all persons making the proposed solicitation.
5. 
A brief outline of the method to be used in conducting the solicitation.
6. 
The time and dates when such solicitations shall be made, giving preferred dates and alternate dates for the beginning and ending of such solicitation.
7. 
The amount of any wages, fees, commissions or expenses to be paid to any person or organization for conducting such solicitation and the names and addresses of all such persons.
8. 
A full statement of the character and extent of the charitable and philanthropic work conducted by the applicant within the Borough.
9. 
A statement to the effect that if the permit is approved, it will not be used or represented in any way as an endorsement of the proposed solicitation by the Borough or by any of its officers or departments.
c. 
If, while the application is pending, or during the term of any permit granted thereunder, there is any change in fact, policy or method that would alter the information given in the application, the applicant shall notify the Borough Clerk in writing within 24 hours after such change.
[1984 Code § 95-17; Ord. No. 2015-1417]
a. 
In lieu of the provisions stipulated in subsection 4-1.3, immediately upon receipt of the application, the Borough Clerk shall forward the same to the Chairman of the Welfare Committee. The Welfare Committee shall meet within the 10 days prior to the next meeting of the Borough Council and shall make such investigation of the application as it shall deem necessary for the protection of the public good. The Welfare Committee, if it so desires, may request the Chief of Police, or any other officials of the municipality to investigate the applicant, in accordance with subsection 4-1.3.
b. 
At the next regular meeting of the Borough Council, the Welfare Committee shall report to the Council the receipt of the application and the recommendation of the Welfare Committee as to whether such application shall be approved or disapproved and the reasons thereof.
[1984 Code § 95-18]
a. 
It shall be the duty of the Welfare Committee to keep a current calendar of approved solicitations to be conducted within the Borough.
b. 
The Welfare Committee and/or the Borough Council shall have the right to propose alternate dates for the solicitation if the requested dates should conflict with other solicitations being conducted within the Borough.
[1984 Code § 95-19; Ord. No. 2015-1417]
If the application shall be approved, the Borough Clerk shall immediately notify the applicant of such approval, and a copy of such notification shall be forwarded to the Chief of Police. If the application is disapproved, a notification of that decision shall immediately be sent to the applicant by the Borough Clerk stating the reasons for such disapproval.
[1984 Code § 95-20]
There shall be no fee payable to the Borough for any charitable and philanthropic solicitation permit.
[1984 Code § 95-21]
No permit may grant the right to solicit for a period longer than 90 consecutive days.
[1984 Code § 95-22]
Any person or organization receiving money or any other thing for a value of $1 or more from any contributor under a solicitation made pursuant to this section shall give to the contributor a written receipt signed by the solicitor showing the permit number, the date and the amount received; provided, however, that this section shall not apply to any contribution collected by means of a closed box or receptacle used in solicitation where the use thereof has been approved by the Borough Council, where it is impractical to determine the amount of such contribution.
[1984 Code § 95-23; Ord. No. 12-1355 § 1]
a. 
All solicitations conducted under the authority of this section shall take place between the hours of 10:00 a.m. and 5:00 p.m., and no solicitations shall be conducted on Sundays. Any person or organization desiring to solicit at hours other than those stated herein shall make special request therefor on its application, and this special request shall be approved or disapproved by the Borough Council when action is given upon the application. If approval is given by the Borough Council for solicitation other than during the hours stated in this subsection, such approval shall be plainly stamped on each permit issued by the Borough Clerk.
b. 
Solicitation conducted under the authority of this section within any roadway is strictly prohibited.
[1]
Editor's Note: See Section 4-8, Regulating Peddlers and Unsolicited Door to Door Salespeople and to Create a Do Not Knock Registry.
[1984 Code § 95-1]
As used in this section:
PEDDLER
Shall mean and include any person, whether a resident of the Borough or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, food, ice cream, fruit ices, soda water, garden farm products or provisions, offering and exposing the same for sale or making sales and delivery articles to purchasers. The word "peddler" shall include the words "hawker" and "huckster."
[1984 Code § 95-2]
It shall be unlawful for any person to engage in the business of peddler, as defined in this section, within the corporate limits of the Borough without first obtaining a permit and license as provided by this section.
[1984 Code § 95-3; Ord. No. 838 § 1; Ord. No. 873 § 1; Ord. No. 939 § 1; Ord. No. 1015]
a. 
The fee for a peddler's license shall be $30 for a period of 90 days.
b. 
The fee for a vendor's license shall be $10 per day. There shall be no fee for veterans.
c. 
The fees as above set forth are for the purpose of raising revenues.
d. 
No portion of the fee shall be prorated for any part of the year.
[1984 Code § 95-4]
After 5:00 p.m. Eastern standard time or daylight savings time, whichever is in effect, no peddler or any person in his behalf shall shout, make any cry-out, blow a horn, ring a bell or use any sound device, including any loud-speaking radio or sound-amplifying system, upon any of the streets, alleys, parks or other public places of the Borough or upon any private premises in the Borough where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
[1984 Code § 95-5]
No peddler shall have any exclusive right to any location, nor shall be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this section, the judgment of a Police Officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
[1984 Code § 95-23; Ord. No. 12-1355 § 2]
a. 
No person shall sell, offer for sale, hawk or peddle in the Borough any of the items listed in subsection 4-6.1 after 5:00 p.m.
b. 
Selling, hawking or peddling within any roadway is strictly prohibited.
[1984 Code § 95-7]
It shall be the duty of any Police Officer of the Borough to require any person seen peddling, and who is not known by such officer to be duly licensed, to produce his peddler's license and to enforce the provisions of this section against any person found to be violating the same.
[1]
Editor's Note: See Section 4-8, Regulating Peddlers and Unsolicited Door to Door Salespeople and to Create a Do Not Knock Registry.
[1984 Code § 95-8]
It shall be unlawful for any solicitor or canvasser, as defined in this section, to engage in such business within the Borough without first obtaining a permit and license.
[1984 Code § 95-9]
As used in this section:
CANVASSER OR SOLICITOR
Shall mean any individual, whether a resident of the Borough or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale whether he is collecting advanced payments on such sales or not, provided that such definition shall include any person who, for himself or for another person, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the Borough for the sole purpose of exhibiting samples and taking orders for future delivery.
[1984 Code § 95-10]
Applicants for a permit and license under this section must file with the Borough Clerk a sworn application, in writing, in duplicate, which, in addition to the information required in subsection 4-1.2, shall indicate.
a. 
The place where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time the application is filed and the proposed method of delivery.
b. 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
[1984 Code § 95-11]
a. 
At the time of filing the application, a fee as designated by resolution of the Borough Council shall be paid to the Borough Clerk to cover the cost of investigation of the facts stated therein.
b. 
The license fee which shall be charged by the Borough Clerk for such license shall be designated by resolution of the Borough Council.
[1984 Code § 95-12]
a. 
The Borough Clerk shall issue to each licensee at the time of delivery of his license a badge, which shall contain the words "Licensed Solicitor," the period for which the license is issued and the number of the license in letters and figures easily discernible from a distance of 10 feet.
b. 
Such badge shall, during the time such licensee is engaged in soliciting, be worn constantly by the licensee on the front of his outer garment in such a way as to be conspicuous.
[1984 Code § 95-13; Ord. No. 819 § 1; Ord. No. 12-1355 § 3]
a. 
No soliciting or canvassing activities shall be conducted later than 9:00 p.m.
b. 
Soliciting or canvassing activities within any roadway is strictly prohibited.
[Ord. No. 07-1255 § 1]
The purpose of this section is to establish background checks for licensing of all peddlers, and unsolicited door-to-door salespeople and to establish a Do Not Knock registry to regulate the distribution of unsolicited materials in the Borough of Milltown.
[Ord. No. 07-1255 § 2]
a. 
Any individual who owns and/or operates a peddling business or unsolicited door-to-door sales business shall first obtain a license from the Borough Clerk.
b. 
Employees of peddling or unsolicited door-to-door sales businesses actively conducting business within the Borough of Milltown shall obtain a permit from the Borough Clerk.
c. 
Licenses and permits shall be displayed in full view during the course of business.
d. 
Licenses/permits shall be renewed annually each calendar year.
e. 
Background checks will be conducted on a biennial basis for each holder of a license or permit.
f. 
It is the responsibility of the license holder to ensure that each new employee who engages in the activities regulated by this section completes an application and receives a permit.
g. 
Holders of special licenses from the State of New Jersey pursuant to the regulations of N.J.S.A. 45:24-9, as supplemented and amended, (honorably discharged veterans and exempt members of volunteer fire departments, volunteer fire engineer, hook and ladder, hose supply company or salvage corps, of any municipality or fire district in the State of New Jersey who hold exemption certificates issued to them) shall fill out an application and pay for any background checks with the New Jersey Division of State Police but shall be exempt from any of the Borough's administrative fees for background checks hereunder.
h. 
All licenses and permits shall expire on the last day of each calendar year.
i. 
Upon termination of an employee, all permits of terminated employees shall be returned to the Borough Clerk within 10 days of such termination.
It shall be unlawful for any peddlers or unsolicited door to door salespeople to sell or dispose of any goods, wares or merchandise, within the Borough of Milltown, without first obtaining a license and paying the license fee hereinafter prescribed.
[Ord. No. 07-1256 § 3]
The Borough Clerk is hereby authorized to issue any such license upon the payment by the applicant of the proper fee therefore, as hereinafter provided.
Any person desiring a license or permit under this section shall file, on a form to be supplied by the Borough Clerk, an application with the Borough stating the following:
a. 
License Application.
1. 
Name of applicant's business;
2. 
Address of applicant's business;
3. 
Telephone number of applicant's business;
4. 
Name and social security number of applicant;
5. 
Applicant's home address and telephone number;
6. 
Date and place of applicant's birth;
7. 
Place or places of residence of applicant for the preceding three years;
8. 
The kind and nature of merchandise to be sold or offered for sale;
9. 
Whether or not the applicant will use or employ any vehicles in connection with the operation of the business licensed under this section and, if so, the number of vehicles, license plate number and description of each vehicle;
10. 
Whether or not the applicant has ever been convicted of a crime, misdemeanor or violation of any ordinance concerning peddlers and/or unsolicited door to door sales and, if so, where and the nature of the offense or convictions;
11. 
All applications for licenses shall be accompanied by an approved fingerprint check from the Borough of Milltown Police Department;
12. 
All applications shall be accompanied by a signed license authorization form; and
13. 
Two passport size photographs, one of which shall be attached to the license.
b. 
Permit Application.
1. 
Name of employer's business;
2. 
Address of employer's business;
3. 
Telephone number of employers business;
4. 
Name and social security number of applicant;
5. 
Applicant's home address and telephone number;
6. 
Date and place of the applicant's birth;
7. 
Place or places of residence of the applicant for the preceding three years;
8. 
The kind and nature of merchandise to be sold or offered for sale;
9. 
Whether or not the applicant will use of employ any vehicles in connection with the operation of the business licensed under this article and, if so, the number of vehicles, license plate number and description of each vehicle;
10. 
Whether or not the applicant has ever been convicted of a crime, misdemeanor or violation of any ordinance concerning peddler and/or unsolicited door-to-door sales and, if so, where and the nature of the offense or convictions;
11. 
All applications for permits must be accompanied by an approved fingerprint check from the Milltown Police Department;
12. 
All applications must be accompanied by a signed permit application release authorization form; and
13. 
Two passport size photographs, one which shall be attached to the permit.
[Ord. No. 07-1255 § 4]
a. 
The license fee for peddlers or door-to-door salespeople who use or employ one or more vehicles shall be $200 annually; except that holders of special licenses pursuant to subsection 4-8.2g shall be exempt.
b. 
The license fee for peddlers or door-to-door salespeople who do not use or employ vehicles, but carry their wares or goods by foot, shall be $100 annually, except that holders of special licenses pursuant to subsection 4-8.2g shall be exempt.
c. 
For initial license/permit application:
1. 
Money order for $30 payable to the New Jersey Division of State Police — SBI.
2. 
Fee of $45 payable to Borough of Milltown to cover administrative fees for the background check, except that holders of special licenses pursuant to subsection 4-8.2g shall be exempt.
d. 
For biennial (every two years) background check at renewal for those who have had an initial background check completed:
1. 
Money orders for $18, payable to the New Jersey Division of State Police — SBI.
2. 
Fee of $25 payable to the Borough of Milltown to cover the administrative fee for the background check, except that holders of special licenses pursuant to subsection 4-8.2g shall be exempt.
[Ord. No. 07-1255 § 5]
Every such license shall remain in force and be valid only for the time therein expressed and shall apply only to the person or persons to whom granted and shall not be transferable.
[Ord. No. 07-1255 § 6]
The following persons are to be deemed outside the licensure requirements of this section and are exempt from the licensing provisions and fee requirements (except where noted) thereof:
a. 
Any person selling newspapers or periodicals.
b. 
Any person engaged in the business of selling goods, wares or merchandise from a store or building in the Borough.
c. 
Any Federal census takers and polls or surveys taken pursuant to Federal, State or local law shall not be prohibited by this section.
d. 
Any person engaged in information gathering or soliciting funds for a nonprofit or political entity.
[Ord. No. 07-1255 § 7]
There is established a "Do Not Knock Registry" to be maintained in the Borough Clerk's Office. The purpose of the Do Not Knock Registry is to permit residents to bar any commercial solicitation, peddling or hawking taking place by foot, wagon, motor vehicle or any other conveyance on a door-to-door basis. Residents may register for such list by personal delivery, regular mail or e-mail to the Borough Clerk. After registration on the Do Not Knock Registry, it shall be a violation of the terms of this section to visit any residences for commercial solicitation, peddling or hawking to any registered person and/or such person's property. No commercial solicitation or peddling of any nature or kind whatsoever shall be permitted on any properties which have been listed with the Do Not Knock Registry, to be maintained at the Borough Clerk's Office.
[Ord. No. 07-1255 § 8]
a. 
The provisions of this section shall not be applicable to the delivery or personal solicitation of:
1. 
Mall, parcels, or packages by and in accordance with the rules of the United States Postal Service.
2. 
Parcels, packages, and materials delivered by a commercially registered recognized courier service or overnight express delivery agency, such as, by way of example, Federal Express or United Parcel Service.
3. 
Newspapers and other publications and periodicals if subscribed to by the owner or occupant of the recipient premises, provided same are placed firmly in a receptacle designed for such purpose, or in the absence of such receptacle, tightly wrapped to prevent blowing or scattering upon the recipient premises or adjacent areas.
4. 
Delivery of laundry, dry cleaning, dairy, bakery or similar food products and commercial product sampling by agreement with or invitation of the owner or occupant of the recipient premises.
5. 
Personal delivery or drop off of non-commercial handbills of a political, non-profit charitable or religious nature whose distribution is or may be protected by constitutional rights of free speech, provided that same are packaged and placed in such a manner as not to blow and scatter upon the receipting premises or adjacent areas.
[Ord. No. 07-1255 § 9]
The Borough Clerk may revoke and/or rescind any license or permit granted under this section person or organization with such license or permit, as applicable, shall be found:
a. 
Using false or fraudulent statements in obtaining such license or permit.
b. 
Using false of fraudulent statements or other misrepresentations in the course of carrying on business or employment under such license or permit, as applicable.
c. 
Conducting the business of canvassing, soliciting or peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or nuisance or a menace to the health, safety and welfare of the citizens of the Borough of Milltown.
d. 
Any conviction of a crime or other offense which would be cause for the denial of an initial license or permit application.
[Ord. No. 07-1255 § 10]
Any person violating or failing to comply with any of the provisions of this section shall be liable to the penalty stated in Chapter 1, Section 1-5. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitted the continuation of the violation may be punished as provided above for each separate offense.
[1984 Code § 80; Ord. No. 838 § 1; Ord. No. 837 § 1; Ord. No. 939 § 1; Ord. No. 1015; amended 8-8-2016 by Ord. No. 16-1434; 10-28-2019 by Ord. No. 19-1482]
As used in this section, the following terms shall have the meanings indicated:
MOBILE ICE CREAM VENDOR
A vendor that travels by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house or from street to street selling, carrying, conveying or transporting ice cream and offering and exposing the same for sale.
RESTAURANT
Any establishment, however designated, regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of foods for its customers.
RETAIL FOOD ESTABLISHMENT
An establishment that sells, serves, cooks, prepares or provides prepared food, packaged food, and/or beverages, but is not defined as a "restaurant."
SPECIAL EVENT LICENSE
A license issued to an establishment licensed annually in the Borough of Milltown who wishes to sell products outside of their licensed premises. This license can be issued for a time period not to exceed seven days. A rain date for the same duration of the original license may be permitted, but must be noted at time of application.
TEMPORARY LICENSE
A license issued to a vendor for a time period not to exceed seven days to allow for participation in a temporary event. A rain date for the same duration of the original license may be permitted, but must be noted at time of application.
No person shall operate an establishment as defined in § 4-9.2 without having first obtained a license from the Borough and paid the required license fee as outlined in § 4-9.4. The term of the license shall be for a period of one year, with all licenses to expire December 31.
In addition to the requirements contained in § 4-1, each application for a license under this section shall be investigated by the Sanitary Inspector, who shall report his findings in writing to the Mayor and Borough Council within a reasonable time. No license shall be issued unless the Sanitary Inspector reports that the applicant conforms to all provisions of the Retail Food Establishment Code.
Fees for annual licensing of retail food establishments are hereby fixed as follows:
a. 
Fee Schedule.
Type of Establishment
Fee
Restaurants (based on seating capacity)
1 to 25 seats
$100
26 to 50 seats
$150
51 to 100 seats
$200
100+ seats
$250
Retail food establishments (based on square footage)
1 to 2,500 square feet
$100
2,501 to 4,999 square feet
$150
5,000 to 9,999 square feet
$200
10,000+ square feet
$250
Other
Mobile ice cream vendor
$100
Temporary license
$50
Special event license
$10
b. 
Food License Late Fee; Reinspection Fee.
1. 
A late fee will be levied by the licensing municipality on those food establishment owner(s) and/or operator(s) who do not renew their license on the anniversary date. The late fee charge will be in addition to the cost of the establishment's annual food licensing fee. The late fee charge is set as follows: the late fee equals 20% of the food establishment's annual licensing fee, except that the minimum late fee charge shall be set no lower than $20.
2. 
If, upon inspection, the establishment receives any rating other than satisfactory, there will be a reinspection fee of $100. Establishments are still subject to additional penalties upon inspector's discretion.
c. 
All public primary, elementary and secondary schools shall be exempt from the fees set forth herein.
No license for a retail food establishment shall be issued until the Township Clerk is in receipt of a certification from the Collector that all real property taxes, utilities and assessments pertaining to the property on which the retail food establishment is located are current and that no such taxes or assessments are then due and owing.
Each food handler and each person charged with direct supervision of the operation of a restaurant, retail food establishment or mobile vendor where food is provided or consumed on the premises in the Borough shall, within 12 months of the date of passage of this section or within 12 months from the commencement of their employment, if such employment commences after the passage of this section, obtain a certificate certifying that they have successfully completed either a course in food-handling provided by the Department of Health of the Borough or any other food-handling course approved by the Department. The Health Officer of the Borough has the ability to provide a written determination of exemption to establishments that must be provided to the Borough Clerk for review and acceptance.
In addition to the grounds for revocation set forth in § 4-1.10, any license issued under this section may be suspended or revoked for failure to comply with any provision of the Retail Food Establishment Code.
[1984 Code § 120-9]
As used in this section:
COIN-OPERATED VENDING MACHINE
Shall mean any automatic vending machine used for the sale of cigarettes,[1] cigars,[2] confections or other small articles and controlled by the insertion of a coin or coins.
JUKEBOX
Shall mean any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening or by the payment of any price operates or may be operated for the emission of songs, music or similar amusement.
OPERATOR
Shall mean any person in whose place of business or upon whose property any mechanical amusement device is placed or kept for operation by the general public.
[1]
Editor's Note: See Sale of Cigarettes, 3-15.
[2]
Editor's Note: See Sale of Cigarettes, 3-15.
[1984 Code § 120-10]
No person shall operate a jukebox or coin-operated vending machine within with Borough without having first obtained the license and paid the required fee. All licenses shall expire on the 31st day of December following the issuance of the license.
[1984 Code § 120-11; Ord. No. 838 § 1; Ord. No. 873 § 1; Ord. No. 939 § 1; Ord. No. 1015]
a. 
Prior to the issuance of any license authorized by this section, a fee shall be required for each individual jukebox and a fee for each coin-operated vending machine shall be required depending upon the cost of the merchandise within the machine, as designated by resolution of the Borough Council.
1. 
Vending Machines:
0.1 — 0.09
No Charge
0.10 — 0.30
$5/unit
0.31 and over
$10/unit
2. 
Jukeboxes: $15/unit
b. 
The fees for vending machines shall not apply to machines vending United States postage stamps, New Jersey lottery tickets or to machines where the entire profit goes to nonprofit corporations or organizations.
[1984 Code § 120-12]
The license herein provided for 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.
[1984 Code § 120-13]
a. 
No person holding a license under this revision shall permit persons under 18 years of age to play or operate any cigarette vending machine.
b. 
No person shall permit the playing or jukeboxes in such a loud or noisy manner as to disturb individuals outside of the licensed premises.
[1984 Code § 120-1]
As used in this section:
DISTRIBUTOR
Shall mean any person who supplies any mechanical amusement device to another for use in his place of business, whether under lease or any similar arrangement.
MECHANICAL AMUSEMENT DEVICE
Shall mean any machine which may be operated by the public for entertainment or amusement, whether the machine is coinoperated or not, and whether or not it registers scores or tallies. Examples of "mechanical amusement devices" are pinball machines, bowling machines, mechanical grab machines, skee-ball machines, pokerino machines and similar devices. This enumeration is intended to be typical and shall not be construed as exclusive. Jukeboxes shall not be considered "mechanical amusement devices" for the purposes of this section.
OPERATOR
Shall mean any person in whose place of business any mechanical amusement device is placed or kept for operation by the public.
[1984 Code § 120-2]
No person shall distribute or operate a mechanical amusement device within the Borough without having first obtained a license and paid the required license fee. All licenses shall expire on the 31st day of December following the issuance of the license.
[1984 Code § 120-3]
a. 
Applicants for distributor's or operator's licenses which are associations shall supply the information required by subsection 4-1.2 for all members of the association. Applicants which are corporations shall supply the information required by subsection 4-1.2 for all officers and directors and for all stockholders of the corporation who own more than 10% of its issued and outstanding capital stock. Corporations shall also supply the name and address of their registered agent.
b. 
Applicants for licenses under this section shall not be required to supply the physical description and photographs required by subsection 4-1.2, but shall be required to supply a description of the machine or device sought to be licensed.
[1984 Code § 120-4; Ord. No. 838 § 1; Ord. No. 873 § 1; Ord. No. 939 § 1; Ord. No. 1015]
Prior to the issuance of any license authorized by this section, an annual fee of $25 shall be paid to the Borough Clerk. The license shall permit no more than two machines on the same premises mentioned in the license as owned or operated by the same licensee. In the event that there are more than two machines on one licensed premises owned or operated by the same licensee then an additional fee shall be paid to the Clerk for each additional machine.
[1984 Code § 120-5]
A license may be transferred from one machine to another by giving notice to the Clerk to that effect and giving a description of the new machine. A license may be transferred from one place to another by giving notice to the Clerk to that effect and supplying the required information as to the new premises.
[1984 Code § 120-6]
No mechanical amusement device shall be located in any premises within 500 feet of a church or other religious institution or a public or private school. The distance shall be measured from the nearest entrance of the church or school to the nearest entrance of the premises on which the mechanical amusement device is located or is sought to be located along the route that a pedestrian would normally walk.
[1984 Code § 120-7]
The following regulations shall apply to all mechanical amusement devices:
a. 
The premises shall be so arranged as to permit a clear view of the interior from the exterior at all times.
b. 
No operator shall knowingly permit any person convicted of a crime involving moral turpitude to be associated with him in the ownership or management of the business or to be in his employ or to loiter on the premises.
c. 
No operator shall offer or permit to be offered any prizes or awards, whether in cash or otherwise, as an inducement to use mechanical amusement devices except for trophies, plaques or items of a similar nature of nominal value.
d. 
No operator shall permit any minor under the age of 16 years, unaccompanied by a parent or guardian, to remain on the premises after 10:00 p.m.
e. 
No operator shall permit any activity which is illegal or immoral or which creates an undue amount of noise or a danger of a breach of the peace to occur on the premises.
[1984 Code § 120-8]
Nothing in this section shall be construed to authorize any gambling device of any kind whatsoever, including any device that dispenses any kind of payoff or reward, or any device that has been judicially determined to be a gambling device or declared to be a gambling device under any law of the State of New Jersey. If the Director of Public and/or Police Chief has reason to believe any mechanical amusement device is used as a gambling device, he shall cause that machine to be seized and impounded. If after trial it is determined that the machine was in fact being used as a gambling device, it shall be destroyed and the license of the operator or distributor shall be revoked. Revocation of license and seizure of machine are in addition to any other penalty which may be imposed for a violation of this section.
[1984 Code § 88-1]
As used in this section:
GARAGE SALES
Shall mean and include all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "barn sale," "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.
GOODS
Shall mean and include any goods, warehouse merchandise or other property capable of being the object of sale regulated hereunder and which is owned by the licensee or consigned to him.
PERSON
Shall mean and include individuals, partnerships, voluntary associations and corporations.
[1984 Code § 88-2; Ord. No. 838 § 1; Ord. No. 873 § 1; Ord. No. 939 § 1; Ord. No. 1015]
a. 
It shall be unlawful for any person to conduct a garage sale in the Borough without first filing with the Borough Clerk the information hereinafter specified and obtaining from the Borough Clerk a license to be known as a "garage sale license." Such filing shall be made at least one week prior to the requested sale date.
b. 
The fees for a license shall be $5.
[1984 Code § 88-3]
a. 
Such license shall be issued to any one person or any address only twice within a twelve-month period, and no such license shall be issued for more than two consecutive calendar days. Charitable and religious and civic organizations may be allowed more than two licenses with the approval of the Mayor and Borough Council.
b. 
Each license issued under this section must be prominently displayed on the premises and visible from the street upon which the garage sale is conducted throughout the entire period of the license sale.
[1984 Code § 88-4]
The information to be filed with the Borough Clerk pursuant to this section shall be as follows:
a. 
Name of the person, firm, group, corporation, association or organization conducting the sale.
b. 
Name of the owner of the property on which the sale is to be conducted and the consent of the owner if the applicant is other than the owner.
c. 
Location at which the sale is to be conducted.
d. 
Number of days of sale.
e. 
Date and nature of any past sale.
f. 
Relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting the past sale and the date or dates of such sale.
g. 
Whether or not the applicant has been issued any other vendor's license by any local, State or Federal agency.
h. 
Sworn statement or affirmation by the person signing that the information therein given is full and true and known by him to be so.
[1984 Code § 88-5; Ord. No. 2015-1417]
The person to whom such license is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such persons shall permit any loud or boisterous conduct on the premises or 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 orders of any member of the Police Department of Fire Department of the Borough in order to maintain the public health, safety and welfare. All licensed premises shall at all times be subject to such reasonable rules as may be made from time to time by the Mayor and Borough Council and shall be subject to inspection at all times by the Construction Official, Zoning Officer, Chief of Police and the Fire Chief or any of their agents or any other duly authorized representative of the Borough.
[1984 Code § 88-6]
All garage sales shall be conducted between the hours of 9:00 a.m. and 8:00 p.m. only.
[1984 Code § 88-7]
Signs for advertising or directing customers to the garage sale shall not exceed two feet by two feet in size and cannot be placed earlier than one week prior to the sale and must be removed within 24 hours after the sale has terminated.
[1984 Code § 88-8]
It shall be unlawful for any person to offer for sale mattresses, bedsprings, cots, lounges and sofas in any garage sale authorized under this section without first complying with the appropriate section of N.J.S.A. 26:10-1 through 26:10-18 with respect to the labeling, sterilizing and disinfecting of the mattresses, bedsprings, cots, lounges and sofas.
[1984 Code § 88-9]
The provisions of this section shall not apply to or affect the following persons or sales:
a. 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
b. 
Persons acting in accordance with their powers and duties as public officials.
c. 
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five in number.
d. 
Any publisher of a newspaper, magazine or other publication or other communication media who publishes or broadcasts in good faith without knowledge of false, deceptive or misleading character or without knowledge that the provisions of this section have not been complied with.
e. 
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the Borough or under the protection of the nonconforming use provisions thereof or any other sale conducted by a manufacturer, dealer or vendor, which sale would be conducted from properly zoned premises and is not otherwise prohibited in the Code of the Borough of Milltown.
f. 
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this section shall be on the organization or institution claiming such exemption.
[1984 Code § 88-10]
This section shall be enforced by the Zoning Officer. It shall be the duty of the Zoning Officer to investigate any violation of this section coming to his attention, whether by complaint or arising from his own personal knowledge, and if a violation is found to exist, he shall prosecute a complaint before the local Municipal Court pursuant to the provisions of this section. It shall be the duty of the Police Department to bring to the attention of the Zoning Officer for further investigation any violations of this chapter of which the Police Department becomes aware during the course of its normal duties.
[Ord. No. 1015 § 1]
The fee for a sidewalk sale is $20.
[Ord. No. 09-1284 § 1]
For the purposes of this section only, the terms "solicitation" or "solicit" shall mean the request, directly or indirectly, for money, credit, property, financial assistance, or other thing of any kind or value. Solicitation shall include, but not be limited to, the use or employment of canisters, cards, receptacles or similar devices for the collection of money or other thing of value. A solicitation shall take place whether or not the person making the solicitation receives any contribution.
[Ord. No. 09-1284 § 1]
Notwithstanding any other provision of law to the contrary, no person shall place, use, or employ a donation clothing bin within the Borough of Milltown, for solicitation purposes, without obtaining a permit from the Municipal Clerk, which is approved by the Borough Council. Permits are renewable on an annual basis during the month of January.
[Ord. No. 09-1284 § 1]
The annual permit fee is $25 per bin and will be used to offset the costs involved in enforcing this section.
[Ord. No. 09-1284 § 1]
The application for obtaining a permit shall include:
a. 
The location where the bin would be situated, as precisely as possible;
b. 
The manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed, and the method by which the proceeds of collected donations would be allocated or spent;
c. 
The name and telephone number of the bona fide office of any person or entity which may share or profit from any clothing or other donations collected via the bin, at which such person can be reached during normal business hours. For the purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office; and
d. 
Written consent from the property owner to place the bin on his property.
[Ord. No. 09-1284 § 1]
In addition to the above application requirements, renewal applications must include:
a. 
A statement on the manner in which the person has used, sold, or dispersed any clothing or other donation collected via the bin, the method by which the proceeds of collected donations have been allocated or spent, and any changes the person anticipates it may make in these processes during the period covered by the renewal;
b. 
The name and telephone number of the bona fide office of any entity which shared or profited from any clothing or other donations collected via the bin, and of any entities which may do so during the period covered by the renewal; and
c. 
If the location of the bin is to be moved, the new location where the bin is to be situated, as precisely as possible and written consent from the property owner of the new location.
[Ord. No. 09-1284 § 1]
Milltown Borough shall not grant an application for a permit to place, use, or employ a donation clothing bin if it determines that the placement of the bin could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of a donation clothing bin within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases; or the placement of a bin where it interferes with vehicular or pedestrian circulation. The person placing, using or employing a donation clothing bin shall maintain the bin and the area surrounding the bin such that there shall be no accumulation of clothing or other donations outside the bin.
[Ord. No. 09-1284 § 1]
The following information shall be clearly and conspicuously displayed on the exterior of the donation clothing bin:
a. 
The permit number and its date of expiration;
b. 
The name and address of the registered person who owns the bin, and of any other entity which may share or profit from any clothing or other donations collected via the bin;
c. 
The telephone number of the owner's bona fide office, and, if applicable, the telephone number of the bona fide office of any other entity which may share or profit from any clothing or other donations collected via the bin. For the purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office;
d. 
In cases when any entity other than the person who owns the bin may share or profit from any clothing or other donations collected via the bin, a notice, written in a clear and easily understandable manner, indicating that clothing or other donations collected via the bin, their proceeds, or both, may be shared, or given entirely to, an entity other than the person who owns the bin, and identifying all such entities which may share or profit from such donations; and
e. 
A statement, consistent with the information provided to the Borough in the most recent permit or renewal application, indicating the manner in which the owner anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed, and the method by which the proceeds of collected donations would be allocated or spent.
[Ord. No. 09-1284 § 1]
a. 
The Zoning Officer shall receive and investigate, within 30 days, any complaints from the public about the bin. Whenever it appears to the Zoning Officer that a person has engaged in, or is engaging in any act or practice in violation of this section, the person who placed the bin shall be issued a warning, stating that if the violation is not rectified or a hearing with the appropriate municipal agency is not requested within 45 days, the bin will be seized or removed at the expense of the person who placed the bin, and any clothing or other donations collected via the bin will be sold at public auction or otherwise disposed of. In addition to any other means used to notify the person who placed the bin, such warning shall be affixed to the exterior of the bin itself.
b. 
In the event that the person who placed the bin does not rectify the violation or request a hearing within 45 days of the posting of the warning, Milltown Borough may seize the bin, remove it, or have it removed, at the expense of the person who placed the bin, and sell at public auction or otherwise dispose of any clothing or other donations collected via the bin. Any proceeds from the sale of the donations collected via the bin shall be paid to the Chief Financial Officer of the Borough.
[Ord. No. 09-1284 § 1]
In addition to any other penalties or remedies authorized by the laws of this State, any person who violates any provision of this section or the provisions of P.L. 2007, c.209 (N.J.S.A. 40:48-2.60 et seq.) which results in seizure of the donation clothing bin shall be:
a. 
Subject to a penalty of up to $20,000 for each violation. The Borough may bring this action in the Milltown Borough Municipal Court or the Superior Court of New Jersey as a summary proceeding under the Penalty Enforcement Law of 1999, P.L. 1999, c.274 (NJAC.2A:58-10 et seq.), and any penalty monies collected shall be paid to the Chief Financial Officer of the Borough; and
b. 
Deemed ineligible to place, use, or employ a donation clothing bin for solicitation purposes pursuant to this Section and P.L.2007, c.209 (N.J.S.A. 40:48-2.61). A person disqualified from placing, using, or employing a donation clothing bin by violating the provisions of P.L. 2007, c.209 (N.J.S.A. 40:48-2.60 et seq.) may apply to the Borough Council to have that person's eligibility restored. The Borough Council may restore the eligibility of a person who:
1. 
Acts within the public interest; and
2. 
Demonstrates that he made a good faith effort to comply with the provisions of this Section and P.L. 2007, c.209 (N.J.S.A. 40:48-2.60 et seq.), and all other applicable laws and regulations, or had no fraudulent intentions.
[1984 Code § 134-1]
No person shall engage in, form, start or aid in any parade, march, demonstration, motorcade or show of any kind in or upon any street, park or other public place unless a parade permit shall have been first obtained from the Borough Council, provided that no permit shall be required for:
a. 
Funeral and wedding processions.
b. 
Activities of a governmental agency acting within the proper scope of its function.
[1984 Code § 134-2]
An application for a parade permit shall be filed with the Director of Police and/or Chief of Police not less than 10 days before a regular Borough Council meeting on forms to be provided by the Borough Council, provided that for good cause the Borough Council shall have the authority to consider any application not filed within such time.
[1984 Code § 134-3]
Within a reasonable time, not later than the second regular Borough Council meeting after receipt of the application, the Council shall direct the Director of Police and/or Chief of Police to issue the permit, provided that the application has established that the parade:
a. 
Will proceed expeditiously and without unreasonable delays.
b. 
Will not substantially interrupt the orderly movement of traffic.
c. 
Will not reasonably require the diversion of so great a number of policemen so as to prevent normal and proper police protection in other areas.
d. 
Will not cause interference with the proper movement of fire apparatus, ambulances and police vehicles.
e. 
Will not be reasonably likely to cause injury to persons or property or to promote disorderly conduct or to cause a disturbance.
[1984 Code § 134-4]
If the Borough Council does not direct the Director of Police and/or Chief of Police to issue the permit by the second Borough Council meeting after the same was filed, the Director of Police and/or Chief of Police shall promptly notify the applicant, who shall have the right to request a reconsideration by the Council. In denying the permit, either originally or on reconsideration, the Council may direct the Director of Police and/or Chief of Police to issue an alternative permit, authorizing the parade on a different date, time or location, provided that such alternative permit, to be effective, must be accepted within three days by the applicant.
[1984 Code § 134-5]
The Director of Police and/or Chief of Police shall have authority to revoke a parade permit or an alternative permit issued upon application of the standards as heretofore set forth.
[Ord. No. 839 § 1]
As used in this section:
BILLIARDS OR POOL
Shall mean and include any of several games played on an oblong table surrounded by elastic ledges or cushions with balls impelled by a cue.
FOR PROFIT
Shall mean and include any arrangement whereby the players or any of them purchase any articles of food, beverages or anything of value from anyone maintaining or controlling the tables for the privilege of using such tables.
POOL AND BILLIARD PARLORS
Shall mean any room, enclosure, area or place where billiards or pool is played.
[Ord. No. 839 § 2]
No person shall operate a pool or billiard parlor in the Borough without having first obtained a license from the Borough and paid the required fees. Application for such license shall be made to the Borough Council of the Borough of Milltown.
[Ord. No. 839 § 3]
The application for such license shall contain the following information:
a. 
Name and address of the applicant, age, date and place of birth;
b. 
The names and addresses of all agents, servants and employees;
c. 
Prior convictions, if any, of the applicant and any of his, its or their agents, servants and employees;
d. 
Place and dimensions thereof where billiard or pool tables are to be kept, maintained or operated and the business conducted at that place;
e. 
Description and number of tables to be covered by the license, size and location on premises, name of manufacturer, serial number; and
f. 
Such other information as the Borough Council shall find reasonably necessary to effectuate the purpose of this section and to arrive at a fair determination of whether the terms of this section have been complied with.
[Ord. No. 839 § 4]
a. 
Application for license shall be made out in duplicate, one copy being referred to the Chief of Police and the other copy to the Borough Council; and
b. 
The Chief of Police or his designee shall investigate the location wherein it is proposed to operate and maintain such billiard or pool tables, and report thereon in writing to the Borough Council, who shall approve or disapprove the application at a regular meeting. Written notice of such meeting shall be mailed to the applicant five days prior thereto.
[Ord. No. 839 § 5]
a. 
The application for license shall state the number of tables which will be used. Every applicant, before being granted a license, shall pay the following annual license fee:
First table — $50
Each additional table — $25
b. 
Each license shall expire on December 31 of the year in which the license is issued. No license shall be issued for any portion of a year at a lesser rate than that for the full year.
[Ord. No. 839 § 6]
a. 
This section shall not apply to a pool or billiard table in a private residence used solely by the occupants of the house and their guests.
b. 
This section shall not apply to bona fide social club, golf club, field club, religious, charitable, benevolent, fraternal or other nonprofit organization having a membership in excess of 25 which has pool or billiard tables solely for the recreation and amusement of its members, provided that the organization files with the Borough Clerk on a form provided by him a claim for exemption and a statement of the facts upon which the claim is based.
c. 
Any facility licensed pursuant to alcoholic beverage laws.
[Ord. No. 839 § 7; Ord. No. 956 § 1]
The following regulations shall apply to all licensed pool and billiard parlors:
a. 
No license shall be issued to any applicant unless he shall be over 21 years of age and a citizen of the United States.
b. 
Posting of License. The license shall be posted permanently and conspicuously in the premises wherein the billiard or pool tables are to be operated or maintained.
c. 
Hours of Operation. The hours of operation of pool and billiard parlors shall be between the hours of 10:00 a.m. and 2:00 a.m.
d. 
Minors. No operator shall permit any minor under the age of 16 years unaccompanied by a parent or guardian to remain on the premises after 10:00 p.m.
e. 
Card Playing. No card playing shall be permitted on premises licensed under this section even if card playing is for social purposes.
f. 
Attendants. The licensee shall provide one qualified attendant on duty at all times during the hours the billiard or pool room is open to the public, who shall supervise the premises to see that order is maintained, that disorderly or immoral conduct is prevented, that such room is kept free from congestion and that this section and all other governing ordinances, rule and regulations pertaining to billiard or pool rooms and tables are observed.
g. 
Outside View of Premises. All premises where pool and billiards are played shall be so arranged and so lighted that a full view of the interior may be had from an adjacent public thoroughfare or from adjacent rooms to which the public is admitted at all hours.
[Ord. No. 839 § 8]
a. 
If the licensee shall move his place of business to another location within the Borough, the license may be transferred to such new location upon application to the Borough Council, giving the street and number of the new location. The new location shall be approved or disapproved in the same manner as provided in subsection 4-17.4.
b. 
When the business of a licensee is sold or transferred, the license may be transferred to the transferee in the same manner as provided in subsection 4-17.4.
[Ord. No. 839 § 9]
Every license issued under this section is subject to the right, which is hereby expressly reserved, to revoke the same should the licensee, directly or indirectly, permit the operation or play on any billiard or pool table contrary to the provisions of this section or the laws of the State of New Jersey. The license may be revoked by the Borough Council if, after a public hearing, the licensee is found to have violated the provisions of this section or the laws of the State of New Jersey. Ten days' written notice of the hearing, setting forth the alleged violations, shall be mailed to the licensee. At the hearing, the licensee and/or his attorney may be present and submit evidence in his defense.
[Ord. No. 723 § 1]
As used in this section:
WAREHOUSE
Shall mean any structure whose principal purpose is the storage of merchandise or commodities for ultimate transportation to a separate location for sale or other disposition.
WAREHOUSE SALE
Shall mean the retail sale of any goods or commodities from any warehouse to the public for the purpose of reducing inventory or the sale of seasonal stock.
[Ord. No. 723 § 2]
It shall be unlawful to conduct a warehouse sale as defined in subsection 4-26.1 without first obtaining a permit as provided in this section. Any warehouse shall be permitted to conduct a warehouse sale at its location not more frequently than four times during the calendar year upon compliance with the provisions of this section.
[Ord. No. 723 § 3]
Prior to the conducting of any warehouse sale the owner of any property on which such warehouse is located and from which such sale is to be conducted shall make application to the Code Enforcement Officer for authorization to conduct such sale. Such application shall be made not less than 10 business days in advance of the date scheduled for sale.
[Ord. No. 723 § 4]
Such application shall include the following:
a. 
A sketch depicting the subject premises and all parking facilities designated for parking by the public as well as employees of the applicant.
b. 
A detailed statement setting forth the method by which applicant shall provide for safe and adequate traffic controls during such sale.
c. 
A detailed statement setting forth the method by which applicant shall provide suitable public accommodations, including but not limited to, sanitary facilities.
d. 
A detailed statement setting forth the method by which applicant will comply with all applicable provisions of the Uniform Fire Safety Code.
e. 
All applications shall be accompanied by a permit application fee in the amount of $500 the initial application in any calendar. There shall be no additional fees from an applicant for subsequent applications in any calendar year provided such subsequent applications are accompanied by a certification of the applicant certifying that there has been no substantial change to the structure or premises from that described in the initial application. In the absence of such certification each subsequent application in any calendar year shall be accompanied by the aforesaid $500 fee.
[Ord. No. 723 § 5]
Upon the receipt of a complete application the Code Enforcement Officer shall review such application within 10 business days and shall approve same if he shall determine that the sale meets the requirements of this section and that adequate provision has been made for public health, safety, and welfare including, but not limited to, adequate provisions for traffic control, sanitary facilities and fire protection. In reviewing said application the Code Enforcement Officer may solicit the review of the application by other municipal officials including but not limited to the Fire Subcode Official, Borough Engineer and Health officer.
[Ord. No. 723 § 6]
The warehouse sale shall not be conducted on any day other than Friday, Saturday or Sunday nor earlier than the hour of 9:00 a.m. nor later than the hour of 9:00 p.m. on Friday or Saturday and not earlier than the hour of 12:00 noon nor later than the hour of 5:00 p.m. on Sunday. Additionally no warehouse sale shall be conducted outdoors. Any permit shall be subject to such other conditions or limitations as the Code Enforcement Officer may deem necessary or appropriate to effectuate the provisions of this section.
[Ord. No. 03-1152 § 1; Ord. No. 06-1245 § I]
a. 
No person shall operate a taxi indicating that it has been licensed by the Borough of Milltown unless both the owner and the driver of the taxi are licensed under this section. However, a Milltown license shall not be required of either the taxi owner or driver if the taxi is licensed by some other municipality.
b. 
There shall be established two classes of taxi licenses, to be known as a "taxi driver's license" and a "taxi owner's license" respectively.
c. 
A Taxi Owner's License shall be issued for a specific vehicle, and each owner is required to have a license for each taxi operating in the Borough.
d. 
On an annual basis there shall be issued no more than three taxi owners licenses.
e. 
Licenses shall be issued on a "first come first serve" basis.
[Ord. No. 03-1152 § 2]
a. 
Every owner holding a Milltown "taxi owner's license" shall maintain a fixed place of business within the Borough, which is approved by the Borough Zoning Officer.
If the licensee intends to occupy space in a building at the central place of business, the licensee must also secure a Certificate of Use for Occupancy from the Zoning Officer.
While on duty, taxis licensed in Milltown may only park at the central place of business. No taxi, regardless of where it is licensed, shall be operated from a residential use.
b. 
Every owner operating a taxi licensed by the Borough shall have a telephone number that is a local or of no cost to all exchanges that serve Milltown.
[Ord. No. 03-1152 § 3]
The application process for a "taxi owner's license" is as follows:
a. 
A completed application shall contain all applicable information, shall be accompanied by three passport size photographs of the applicant, the required fee as required by the Mayor and Council and shall be sworn to by oath or affirmation. If information on the vehicle is unknown at the time the "taxi owner's license" is applied for, it shall be submitted to the Borough Clerk's office prior to the issuance of the license.
b. 
Every applicant shall sign the necessary forms for the Police Department to secure a Criminal History Record from the State Police and the Federal Bureau of Investigation. If the applicant is a partnership or corporation, each and every person with any ownership interest in the company must sign the necessary forms authorizing the Police Department to receive a Criminal History Record. The applicant shall also submit the additional fee required to cover the cost of fingerprinting and the SCIC/NCIC check for each person having an ownership interest. An additional fee shall be required every three years to update the criminal history record of the applicant.
c. 
The Clerk shall forward the application to the Borough Zoning Officer for written certification that all necessary zoning approvals have been received by the applicant including but not limited to issuance of a Certificate of Occupancy.
d. 
Upon receipt of written approval from the Borough Zoning Officer, the Clerk shall forward the application to the Chief of Police.
e. 
The Chief of Police shall conduct an investigation into the applicant's background.
f. 
The Chief of Police shall issue a report to the Borough Council either recommending approval or denial of the application within 10 days of receipt of the background information requested from the State Police and/or Federal Bureau of Investigation.
g. 
The Borough Council shall either approve or deny the application by resolution.
h. 
Upon approval of the Borough Council, receipt of required insurance and all relevant information on the vehicle to be licensed, the Borough Clerk shall a "taxi owner's license" to the applicant. Prior to the award of the license the Police Department shall inspect each car to confirm if it has a valid N.J. Motor Vehicle inspection sticker and that it is safe, sanitary and fit for use as a taxi.
[Ord. No. 03-1152 § 4]
The application process for a Taxi Driver's License are as follows:
a. 
Applications shall be available in the Borough Clerk's Office and shall be designated to elicit information relevant to the health, the driving record and the law-abiding habits of the applicant.
b. 
A completed application shall contain all applicable information, shall be accompanied by three passport size photographs of the applicant, the required fee in accordance with subsection 4-36.3 herein and shall be sworn to by oath or affirmation.
c. 
If the application is the applicant's first application for a "taxi driver's license," then the applicant shall also sign the necessary forms for the Chief of Police to secure a Criminal History Record from the State Police and the Federal Bureau of Investigation. The applicant shall also submit the additional fee required to cover the cost of fingerprinted and the SCIC/NCIC check. If the applicant has already been fingerprinted as part of a prior application an additional fee shall be required every three years in order to update the Criminal History Record.
d. 
The Clerk shall forward the application to the Chief of Police.
e. 
The Chief of Police shall conduct an investigation into the applicant's background.
f. 
The Chief of Police shall either approve, deny or conditionally approve of the application within 60 days of receipt of a completed application by the Borough Clerk. A conditional approval can be issued for a period of up to 60 days, if receipt of a Criminal History Record is holding up issuance of approval. Upon receipt of the Criminal History Record, a conditionally approved license shall either be approved or denied.
[Ord. No. 03-1152 § 5]
a. 
Reasons for Denial of a Taxi Owner's Application. The Chief of Police may recommend denial of an application if the applicant has been convicted of a crime that raises serious questions about the applicant's moral character.
b. 
Requirements for a "Taxi Driver's License." No license shall be issued unless the applicant meets the following requirements:
1. 
The applicant must be at least 21 years of age.
2. 
The applicant must have a valid driver's license issued by the State of New Jersey.
3. 
The applicant must have submitted along with the application a Physician's Certification Form available from the Borough Clerk's office, certifying that the applicant has been examined and has no known affliction that might render him/her unfit for the safe operation of a taxi and that the applicant's eyesight is corrected to 20/20 with glasses. The Physician's Certification Form shall be dated no more than 60 days prior to the date of application submission.
4. 
The applicant must not have been convicted of driving a motor vehicle while under the influence of alcohol or narcotics within five years prior to the date of application submission.
c. 
Reasons for Denial of a Taxi Driver's Application. Reasons for the Chief of Police to recommend denial of an application for a Taxi Driver's License include, but shall not be limited to, the following:
1. 
The applicant does not comply with the requirement for issuance of a Taxi Driver's License as delineated in paragraph b.
2. 
The applicant has been convicted of a crime that raises serious questions about the applicant's moral character.
3. 
The applicant has been convicted of three or more moving violations within two years prior to the filing of the application.
4. 
The applicant has been convicted of driving under the influence of alcohol or narcotics within five years prior to the filing of the application.
5. 
The applicant has been deemed unfit to drive a taxi for just cause by the Chief of Police.
[Ord. No. 03-1152 § 6]
a. 
Taxi Owner's License.
1. 
A taxi owner's license issued under the provisions of this section may be revoked or suspended by the Borough Council if the licensee has:
(a) 
Failed to provide taxi service under the license utilizing drivers holding a valid "taxi driver's licenses," within 120 days of issuance or within six months after approval by the Borough Council of the application, whichever comes first, unless such failure was caused by the unavailability of drivers holding valid "taxi driver's licenses," in which case the licensee shall be permitted one sixty-day extension of the 120-day period in which to provide taxi services under the license utilizing drivers holding valid "taxi driver's licenses." The sixty-day extension shall not extend the six month period.
(b) 
Allowed the license to remain inactive for more than 90 days, once operational, without providing written notification to the Borough Clerk detailing the reason that taxi service cannot be provided. For good cause shown, the Borough Council may extend the period of license inactivity to a period greater than 30 days.
(c) 
Made a false statement of any material fact in the application or any record to be maintained. Failed to maintain or keep in force the insurance policy and power of attorney required.
(d) 
Violated any of the provisions of this section regarding safety, hours, service or operation of taxis.
(e) 
Committed any other act which, in the opinion of the Borough Council renders such person unfit to hold such license.
(f) 
Failed to maintain an approved central place of business.
2. 
Prior to the revocation or suspension of a "taxi owner's license" by the Borough Council, the licensee shall be given notice of the proposed action to be taken and the reasons therefor, and such licensee shall have the opportunity for a hearing before the Borough Council. In the event, a licensee does not request a hearing within 10 days of receipt of the notice, the license shall be revoked or suspended in conformance with the notice.
3. 
In the event that the Chief of Police believes that the health, safety or welfare of passengers would be endangered if a license is not immediately suspended or revoked, the Chief of Police is authorized to immediately suspend or revoke a license prior to the licensee having an opportunity for a hearing with Borough Council. In such cases of immediate suspension or revocation, the licensee shall be entitled to a hearing before the Borough Council within 30 days of the Chief of Police's notification of the suspension or revocation.
b. 
Taxi Driver's License.
1. 
A "taxi driver's license" issued under the provisions of this section may be revoked or suspended by the Borough Council if the licensee has:
(a) 
Make a false statement of any material fact in the application or any record required to be maintained.
(b) 
Violated any of the provisions of this chapter regarding safety, hours, service or operation of taxis.
(c) 
Committed any other act which, in the opinion of the Borough Council, renders such person unfit to hold a license.
2. 
Prior to the revocation or suspension of "taxi driver's license," the licensee shall be given notice of the proposed action to be taken and the reasons therefor, and such licensee shall have the opportunity for a hearing before the Borough Council.
3. 
In the event that the Chief of Police believes that the health, safety or welfare of passengers would be endangered if a license is not immediately suspended or revoked, the Chief of Police is authorized to immediately suspend or revoke a license prior to the licensee having an opportunity for a hearing with the Borough Council. In such cases of immediate suspension or revocation, the licensee shall be entitled to a hearing before the Borough Council within 30 days of the Chief of Police's notification of the suspension or revocation.
[Ord. No. 03-1152 § 7]
a. 
Taxi Owner's License. Each application for the issuance of a "taxi owner's license" shall be accompanied by an application fee of $250 for each calendar year or portion of a year for which the license is issued. Such fee shall not be prorated, nor shall any portion of this fee be refunded for any reason.
b. 
Taxi Driver's License. Each application for the issuance of a "taxi driver's license" shall be accompanied by an application fee of $75 for each calendar year or portion of a year for which the license is issued. Such fee shall not be prorated nor shall any portion of the fee be refunded for any reason.
[Ord. No. 03-1152 § 8]
a. 
The transfer of a "taxi owner's license" is specifically prohibited.
b. 
A "taxi owner's license" shall not be assigned, mortgaged, pledged or otherwise transferred to secure a debt, loan or other financing transaction.
c. 
The vehicle described on a "taxi owner's license" may be substituted or replaced by another vehicle only after written permission therefore is received by the Borough Clerk. The Borough Clerk shall not grant such permission until the existing "taxi owner's license" application is amended to include relevant information on the substituted vehicle.
d. 
Change in ownership or title to any taxi licensed under this chapter shall automatically revoke and void the license for the taxi. Any person who acquired ownership or title to a licensed taxi shall, in order to operate such taxi, apply for a new "taxi owner's license."
e. 
A "taxi driver's license" is not transferable under any circumstances.
f. 
A "taxi owner's license" and "taxi driver's license" are both personal in nature and are not transferable under any circumstances.
[Ord. 726; Ord. No. 03-1152 § 9; Ord. No. 04-1191 § 1]
No license shall be issued by the Borough Clerk until the owner of the "taxi owner's license" shall have filed with the Borough Clerk a bodily injury and property damage combined single limit liability insurance policy of a company duly licensed to transact business under the insurance laws of New Jersey in the sum of not less than $100,000. This insurance shall be a blanket insurance covering all taxis operated by the owner which have been issued a Milltown Taxi Owner's License, and shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance or use of every taxi owned by the licensee which is licensed by the Borough or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
The insurance policy shall specifically state that the owner is insured for doing business in the Borough of Milltown.
[Ord. No. 03-1152 § 10]
a. 
All licenses issued pursuant to the provisions of this section shall expire at 12:00 midnight on December 31 of the year in which it was issued, unless this license is surrendered, suspended or revoked on a sooner date.
b. 
Applications for renewal shall be accepted beginning October 1 of each year and shall be filed no later than November 15 of each calendar year so as to provide ample opportunity for the processing and issuance of the license. However, if an application for renewal is not filed by November 15 at the latest, the license applied for may not be ready for issuance before the end of the calendar year, resulting in the applicant not being able to operate or drive a taxi until such renewal license is issued.
[Ord. No. 03-1152 § 11]
a. 
Display of Licenses Required. All "taxi owner's licenses" and "taxi driver's licenses" shall be adequately protected and prominently displayed in the interior of all taxi's licensed by the Borough. Such licenses shall be displayed so that the faces of the licenses are in full view and plainly legible to any passenger seated in the rear seat of the taxi. The license shall at all times remain the property of the Borough and, at the direction of the Borough Council or Chief of Police shall be surrendered to the Borough Clerk. Permitted fares shall also be displayed in the same manner.
b. 
Issuance of Taxi Owner's License.
1. 
Upon approval of the Borough Council, and submission to the Borough Clerk's office of the required insurance, power of attorney and identification information on the vehicle to be licensed, the Borough Clerk shall issue a "taxi owner's license" for a specific vehicle.
2. 
The "taxi owner's license" shall state the following:
(a) 
The taxi owner's name, address and business telephone number.
(b) 
The number of the "taxi owner's license" issued for the vehicle.
(c) 
The make, model, year, license plate number and vehicle identification number of the licensed vehicle.
(d) 
The maximum permitted occupancy of the taxi.
(e) 
A statement indicating that passengers may call the Borough Code Enforcement Office with complaints.
3. 
Issuance of Taxi Driver's License.
(a) 
Upon approval of the Chief of Police, the Borough Clerk's office shall issue a "taxi driver's license".
(b) 
The "taxi driver's license" shall include the following information:
(1) 
A passport size photograph of the licensee.
(2) 
The driver's name.
(3) 
The driver's signature.
(4) 
The number of the Taxi Driver's License issued to the driver.
(5) 
A statement indicating that passengers may call the Borough Code Enforcement Office with complaints.
[Ord. No. 03-1152 § 12]
Any owner or driver who violates or permits, aids or abets the violation of any provision of this section shall, upon conviction thereof, be liable for the penalty stated in Chapter 1, Section 1-5. In addition to the maximum penalty provided in this subsection any "taxi owner's license" or ""taxi driver's license" may be suspended or revoked as provided in this section. The continuation of a violation on each successive day shall constitute a separate offense.
[Ord. No. 726 § 1]
As used in this chapter:
CRUISING
Shall mean driving an unengaged wrecker to and from along a public street in any fashion calculated for the obvious purpose of soliciting business along the public highway.
WRECKER
Shall mean a vehicle driven by mechanical power and employed for the purpose of towing, transporting, conveying and removing any and all kinds of vehicles, which are unable to be and actually are not operated under their own power, from the place where they are disabled to some other place.
[Ord. No. 726 § 2; Ord. No. 07-1257]
a. 
There shall be issued a total of no more than a total of five licensed on an annual basis. Licenses shall be issued on a first come, first call basis.
b. 
No person operating a wrecker classified for towing on the rotating call list, pursuant to subsection 4-38.15, shall operate a wrecker within the Borough nor engage in the business of operating or offer the services of a wrecker within the Borough without first obtaining the necessary licenses as hereinafter provided from the Borough Clerk or the Chief of Police. Every vehicle operated as a wrecker and listed on the rotating call list shall have its own separate license, even though it is owned or operated by a person having other validly licensed wreckers.
[Ord. No. 726 § 2]
All licenses issued under this section shall expire on the last day of December next succeeding the date of issuance.
[Ord. No. 726 § 2]
Application for licenses issued under this section shall be made upon forms prepared and made available by the Chief of Police. The application shall state the following information:
a. 
The location, description and hourly availability of the wreckers owned or operated by the applicant.
b. 
That the applicant has available space for properly accommodating and protecting all disabled motor vehicles to be towed or otherwise removed from the place where they are disabled, and that the disabled vehicle will not be stored or allowed to remain on public property or any street or property in the Borough which is not zoned for such storage. Such storage shall be either within a building or fenced area with a minimum height of six feet. Storage area shall be located within three miles of the Borough.
c. 
A description of the vehicle for which the license is desired, including year, make, model, type, serial number of body and motor capacity, length of time the vehicle has been in use, the proposed rates to be charged if different from those set forth in this section and any other information which the Chief of Police shall deem necessary or proper to effectuate the purpose of this section and to determine whether the terms of this section have been complied with. The application shall have affixed thereto an affidavit to be sworn to by the applicant that all of the information given in the application is true and correct.
[Ord. No. 726 § 3; Ord. No. 850 § 1]
a. 
Within seven days after receipt of an application as provided for herein, the Chief of Police shall cause an inspection of the vehicle or vehicles to be licensed. The Chief of Police shall delegate the inspection of the vehicles to an independent person, not engaged in business in the Borough, who shall be qualified by experience and training to make such inspection, and two appointed representatives of the Wreckers Association, and who shall report to the Chief of Police whether the wrecker is in a thoroughly safe and sanitary condition and complies with the requirements and standards of this section, as given herein.
b. 
Upon completion of the investigation and inspection, the Chief of Police shall forward a report of his findings and a proposed classification of the applicant as either light-duty, heavy-duty or not qualified for the call list in accordance with the standards set forth in subsection 4-38.6. The Borough Clerk shall either approve or refuse to approve the application and shall inform the applicant of his/her decision.
c. 
If the application is approved, the applicant shall supply the Chief of Police with the insurance policies or certificates, the Chief of Police shall make appropriate notations on the application and shall notify the Borough Clerk that the application has been approved and shall forward the policies or certificates to the Borough Clerk and shall designate the wrecker as light-duty, heavy-duty or not qualified for call list.
[Ord. No. 726 § 4; Ord. No. 850 § II]
The Borough Clerk shall approve and classify an application when he finds that the following requirements have been met by the applicant:
a. 
That the public convenience and necessity will be served by the use of the vehicle or vehicles for which application has been made.
b. 
That the insurance policies, as required, have been procured and supplied.
c. 
That the applicant and proposed operators are qualified to operate the wrecker and conduct a wrecker service in the Borough.
d. 
That the requirements of this section and all other laws, statutes and ordinances have been met, including zoning ordinances.
e. 
No vehicle shall be licensed as a wrecker which is using dealer license plates or which has failed State inspection.
f. 
That the wrecker to be licensed, on inspection, meets with the required minimum standards for the class to which it has been assigned. The following shall serve as a minimum guide for standards:
1. 
Light-duty. A light-duty wrecker shall be able to handle all makes of passenger cards and small trucks, such as pickup and small panel trucks up to 1 1/2 tons, and must have or be equipped with the following:
(a) 
Dual rear wheels, or equivalent.
(b) 
The garage from which it originates must be equipped with a portable wheel dolly.
(c) 
A power take-off controlled winch with a minimum cable thickness of three-eighths inch, or equivalent.
(d) 
It must have comparable weight equal to the vehicles to be towed, with a minimum of 5,500 pounds.
(e) 
A three-eighth inch safety chain. The lift chain and the safety chain are not to be attached in any form or manner to the same part of the wrecker.
(f) 
Two double-faced rear flashing amber lights mounted in accordance with State requirements.
(g) 
A 360° rotating amber beacon light mounted over the cab.
(h) 
All lights shall be of such candle power in intensity as to be visible one-fourth of a mile away, or must be equal to the candle power of the lights on Borough Police vehicles.
2. 
Heavy-duty. All wreckers classified as heavy duty must have or be equipped with the following:
(a) 
Dual rear wheels.
(b) 
Manufacturer rating gross vehicle weight of 10,000 pounds. Manufacturer rating may be obtained from the factory where the truck originates. Other written evidence of gross vehicle weight may be accepted by the Borough Clerk, if verified.
(c) 
Power take-off controlled winch with a minimum cable thickness of five-eights of an inch.
(d) 
Four double-faced rear flashing amber lights mounted in accordance with State requirements.
(e) 
A 360° rotating amber beacon light mounted over the cab.
(f) 
All lights shall be of such candle power in intensity as to be visible one-fourth of a mile away, or must be equal to the candle power of the lights on police vehicles.
(g) 
One-half inch safety chain. The lift chain and safety chain are not to be attached in any form or manner on the same part of the wrecker.
(h) 
Air brakes.
(i) 
Connecting air lines for connection with the air compressor and air brake lines of the towed vehicle.
(j) 
Detachable amber flashing bar lights or magnetic tail lights to be attached to the rear of the towed vehicle.
3. 
Licensed but not qualified for call list. Vehicles in this class need not have the equipment or items required under the classification of light-duty, but shall have sufficient equipment to tow passenger cars for short distances with safety, and shall be equipped with the following:
(a) 
Power or hand winch with a maximum cable thickness of one-half of an inch, or equivalent.
(b) 
Three-eights inch safety chain. The lift chain or cable and the safety chain are not to be attached in any form or manner to the same part of the wrecker.
[Ord. No. 726 § 5; Ord. No. 850 § III]
Upon receipt of notice by the Borough Clerk that an application has been approved and classified and upon receipt of payment from the applicant of a license fee of $75 for each license with one wrecker and an additional fee of $20 for each additional wrecker to be licensed, the Clerk shall issue a license indicating whether the license is for light duty or heavy duty.
[Ord. No. 726 § 6; Ord. No. 850 § IV; Ord. No. 2015-1413]
a. 
Required. No licensed wrecker shall be called by the Police Department, nor shall any owner, or lessee be listed on the call list or utilize any wrecker on the call list, unless and until the vehicles have been licensed either light- or heavy-duty and, further, not unless or until there have been receipt by the Borough Clerk the following insurance policies or certificates of insurance, specifically naming the Borough as an insured party:
1. 
Garage Keeper's Policy. A garage keeper's legal liability policy covering fire, theft, and explosion in the minimum amount of $100,000 and collision coverage, subject to $250 deductible, with each accident deemed a separate claim.
2. 
Garage Liability Policy. A garage liability policy covering the operation of the licensee's equipment or vehicles for any bodily injury or property damage. This policy will be an amount not less than $1,000,000.
b. 
Notice of Change in Policy. Each policy required herein must contain an endorsement providing 10 days' notice to the Borough in the event of a material change or cancellation for any cause.
c. 
In the event that the policy is changed so as to fail to conform with the above requirements or if any policy on any licensed wrecker is cancelled for any reason, the Chief of Police shall notify the person responsible for the policy, and it shall be corrected or reinstated or replaced with a conforming policy within 10 days after the notice is received and before the date of cancellation. If the policy or certificate is not corrected, reinstated or replaced within the required time, the Chief of Police shall immediately suspend the wrecker's license and shall pick up from the owner all indicia of licensing, including any stickers, cards, medallions or other means of identification.
[Ord. No. 726 § 7; Ord. No. 850 § V]
The Borough Clerk shall issue to the person owning a licensed wrecker a card, not less than four inches in width nor more than six inches, in such form as may be set by the Borough Clerk, which shall be at all times displayed on the right front windshield of each wrecker. The card shall bear the name of the applicant, official license number of the wrecker, the rate of fares and conditions of employment under which the wrecker is operating and a notice that, in case of any complaint, the complainant may notify the Borough Clerk, giving the license number of the wrecker. The card shall also have the signature of the Borough Clerk and the date of inspection of the wrecker, together with blank spaces upon which any entry shall be made of the date of every inspection of the wrecker by the inspector. In lieu of the card, a metal plate to be furnished by the owner, or other permanent marking, giving the same information, may be affixed in a prominent place on the wrecker.
[Ord. No. 726 § 8; Ord. No. 850 § VI]
a. 
The Borough Clerk is hereby authorized to establish reasonable rules and regulations for the inspection and operation of wreckers and for the design, construction, maintenance and condition of fitness for the safety conduct of a wrecker service business, in accordance with the standards outlined in this section. The Chief of Police shall maintain due diligence over all wreckers to see that they are kept in a safe condition for transporting and hauling disabled vehicles and shall have the right at all times to inspect all licensed wreckers and shall maintain a record, in writing, of the report of all inspections. If, at any time, the Chief of Police shall find the equipment inadequate or unsafe, he shall have the power to demand immediate correction and, if not corrected to the full satisfaction of the Chief, he shall forward a report of his finding to the Borough Clerk who shall have the power to revoke or suspend the license after a hearing upon the nature and circumstances of the violation. The Borough Clerk is also hereby authorized and empowered to establish from time to time such additional rules and regulations not inconsistent herewith as may be reasonable and necessary in carrying out the provisions of this section.
b. 
A license may be revoked by the Borough Clerk for cause, including, but not limited to:
1. 
Furnishing fraudulent or inaccurate application information;
2. 
Violation of this section or other municipal regulations governing wreckers;
3. 
Unsatisfactory service including but not limited to overcharging, causing damage to vehicles and improper storage of vehicles.
c. 
An operator whose license is revoked by the Borough Clerk may petition the Borough Council for a hearing on the revocation. If the operator petitions the Council for hearing, the Council will hear the matter at a regularly scheduled meeting of the Council. The Council may uphold the revocation, or may reinstate the license conditionally or unconditionally.
[Ord. No. 726 § 9; Ord. No. 850 § VII]
The Borough Clerk shall keep a record of the names of all persons owning or operating wreckers licensed under this section, together with the license number and description of the wreckers and the date and complete record of inspection made of them.
[Ord. No. 726 § 10; Ord. No. 761; Ord. No. 850 § VIII; Ord. No. 06-1234 § 1; Ord. No. 10-1312; Ord. No. 2015-1413]
a. 
Charges for transportation, hauling or service of, disabled vehicles by a licensed wrecker or operator of any licensed wrecker shall not exceed the following rates, the charges set forth herein are limited to those situations where wreckers are performing towing service for the Borough or called by a Police Officer on a rotating basis pursuant to subsection 4-38.15 hereof.
1. 
For service calls within the Borough, to be charged exclusive of gasoline, work necessary to be performed on a vehicle or other items or services: $75.
2. 
For conveying any disabled passenger automobiles from any point in the Borough to any other point in the Borough, or to an operator's yard, during the day which shall be defined as the hours 6:00 a.m. and 6:00 p.m., a flat rate of $100 and during the nights which shall be defined as 6:00 p.m. to 6:00 a.m. a flat rate of $125. Station wagons, pickup trucks and panel trucks up to 1 1/2 tons shall be considered the same as passenger automobiles for the purpose of determining rates.
3. 
For conveying any disabled truck or omnibus over 10,000 pounds up to 25,000 pounds, from any point in the Borough at any time of the day or night; a flat rate of $175; 25,001 pounds to 55,000 pounds $300; 55,001 to 80,000 pounds $450.
4. 
For conveying vehicles from a point within the Borough to a point outside the Borough or from a point outside the Borough to a point inside the Borough, the rate shall be determined by the wrecker operator and the owner of the vehicle, if available, otherwise it shall be the usual and customary rates charged for such service by wreckers operating in Middlesex County.
5. 
For every day of dead storage for passenger automobiles, trucks and omnibuses less than 10,000 pounds — $40 per day for outside storage, $60 per day for inside storage. For every day of dead storage for trucks and omnibuses over 10,000 pounds — $60 per day. For the purpose hereof, a day shall be a twenty-four-hour period commencing from the time of the tow and terminating 24 hours thereafter.
6. 
Waiting time for light-duty and heavy-duty: a flat rate fee of $50 per hour. Waiting time charges shall not begin until 1/2 hour after the time of arrival of the wrecker at the scene and shall be prorated into quarter hours.
7. 
For recovery service, there shall be an extra charge to be determined by mutual consent of the wrecker operator and the vehicle owner if the owner is available otherwise it shall be at the usual and customary rates charged for such services by wreckers operating in Middlesex County.
8. 
There shall be a charge of $45 required to cleanup the scene from which the tow was initiated. The scene cleanup shall include, but not be limited to, cleanup of glass, accident debris and absorption of petroleum or other vehicle fluids in such a way as to allow the scene to be safe for operation of motor vehicles.
9. 
There shall be an administration service charge of $25 for each transportation, hauling or service of a disabled vehicle or a vehicle taken into custody by the Police Department or other Borough agency. This fee is to be billed and received by the wrecker operator and submitted monthly to the Borough of Milltown. Failure of the licensed wrecker to submit the administration fees within 60 days of the tow will result in an automatic suspension from the rotating call list until said fees are paid. A third suspension for this violation within one calendar year will result in removal from the rotating call list for the balance of the year.
b. 
Every operator of a wrecker shall give the owner of the vehicle a written receipt for the fee paid, when requested. All disputes as to fares shall be determined by the Officer in charge, if one is present, and a report of the dispute shall be made by the Officer to the Chief of Police.
[Ord. No. 726 § 11]
A wrecker license hereunder shall be issued subject to the following conditions:
a. 
No person owning or operating a wrecker, while waiting for employment, shall stand at any public street or intersection or on any public or private property, other than his own, without first obtaining the consent of a police officer or the owner of the property.
b. 
No person shall seek employment by repeatedly and persistently driving his wrecker to and fro in a short space in front of any disabled vehicle or by otherwise interfering with the proper and orderly progress of traffic along the public highways.
c. 
No person owning or operating a wrecker licensed under this section shall engage in cruising.
d. 
No person owning or operating a wrecker licensed under this section shall permit or invite loitering within or near his wrecker.
e. 
No person shall solicit or attempt to divert prospective patrons of a garage to another garage.
f. 
No person shall solicit, demand or receive from any person any charge except the proper charge in accordance with this section.
g. 
No person shall intercept police calls by shortwave radio or obtain information as to the location of the scene of an accident or disabled vehicle by means of interception of police radio calls.
h. 
No person shall pay any gratuity, tip or emolument to any third person not involved in the accident, or to any police officer, for any information as to the location of any accident or for soliciting the employment of the licensee's services, nor give any gratuities, fees or other compensation or gifts to any member of the Police Department.
i. 
Any wrecker service summoned either by police or owner request shall be required to respond on scene within 20 minutes.
[Ord. No. 726 § 12; Ord. No. 850 § IX]
Every person owning a licensed wrecker shall keep a record of all details of each disabled vehicle towed, serviced or transported, together with full information and the name of the owner of the towed vehicle and of the person engaging him. Immediately after towing or hauling a vehicle to his garage, where the vehicle is left at the safekeeping of the owner of the wrecker, the owner of the wrecker shall search the vehicle and make an inventory of all property contained in the vehicle and mail a copy of the inventory to the Borough Clerk indicating the date of towing the name and address of the owner of the disabled vehicle. The record book herein described shall be kept open for inspection at all times by the Borough Clerk or any duly authorized representative of the Borough Clerk.
[Ord. No. 726 § 13; Ord. No. 850 § X]
a. 
Unless a specific towing or wrecking service is requested by the licensee of the disabled motor vehicle, all requests for towing or wrecking service made by the Police Department shall be by rotation. When, however, the licensee of the disabled motor vehicle indicates a choice of a specific wrecker owner, that wrecker owner should be called, and no wrecker shall be assigned from the rotating list.
b. 
The rotation system shall be conducted in the following manner:
1. 
The Borough Clerk shall compile a list of all owners, lessees, or bailees as provided in this section.
2. 
The original and annual public reporting of the current list of designated towing contractors containing the company name, address, telephone number and maximum towing fees shall be printed and circulated in the municipality or County as appropriate. The annual reporting of the list shall be available for inspection by any member of the general public upon request and during regular business hours.
3. 
Each owner, lessee or bailee of a wrecker licensed hereunder shall be placed on an initial call list, for light-duty or heavy-duty, or both if heavy-duty, based upon the date on which the license is issued and upon the classification of the wrecker. Where an owner, lessee or bailee shall own or lease more than one wrecker classified for light-duty, the owner's, lessee's or bailee's name shall appear but once on the call list.
4. 
Whenever the Police Department or any other department summons a wrecker, the owner, lessee or bailee at the beginning of the list will be called. After such owner, lessee or bailee has been called, that owner, lessee or bailee shall be placed at the end of such list, whether or not said owner, lessee or bailee responds to the call. Thereafter the next licensee shall be called until the rotation is completed.
c. 
Additional rules and regulations regarding the rotation of wreckers as may be promulgated hereunder by Borough Clerk shall take effect immediately after service of a copy thereof to all holders of licenses for wreckers in the Borough, which may be made by addressing same to the licensees by mail at their last known addresses. If, pursuant to the rules and regulations for rotation of wreckers adopted under this section, the Police Department summons a wrecker to the scene of an accident for the purpose of removing a vehicle and the owner of the disabled vehicle declines to use the services of the wrecker summoned and indicates that he prefers to have the vehicle handled by another wrecker the officer in charge shall authorize the summoned wrecker to go to the garage designated by the owner of the disabled vehicle. In any event, the summoned wrecker shall be entitled to collect towing charges from either the owner of the disabled vehicle or the owner of the garage to which the vehicle is towed at the discretion of its owner.
d. 
In establishing a rotation system of assignment of wreckers, a separate list shall be set up limited to heavy-duty wreckers, and the assignment of a heavy-duty wrecker to tow a disabled truck shall be in addition to and not in limitation of the rights of the heavy-duty wrecker owners to participate on a rotating basis on the light-duty call list.
[Ord. No. 726 § 14]
Nothing in this section shall apply to persons who pick up disabled cars outside the Borough and are in the course of taking the vehicles to a garage either within or without the Borough. This section shall not apply to persons whose principal place of business as a wrecker is outside the Borough under verifiable authorization from any person engaged in the trucking or transportation business or in the operation of fleets of vehicles.
[Ord. No. 726 § 15]
Payment shall be in a manner that is customarily accepted by the operator of the wrecker in his business. "Cash Only" shall only be permitted if a wrecker operator's business is customarily operated on that basis.
[Ord. No. 726 § 16; Ord. No. 08-1283]
Every person found guilty of violating any of the provisions of this section may, in addition to being removed from the towing lists, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 726 § 17]
Nothing in this section shall abrogate or in any way diminish the rights of the vehicle owner to make his own selection of a wrecker, except where the vehicle presents a real and immediate hazard to the public safety.
[Added 8-12-2019 by Ord. No. 19-1475]
a. 
The Borough of Milltown shall hold public auctions of towed and stored motor vehicles that have been deemed abandoned pursuant to the terms and regulations set forth in N.J.S.A. 39:10A-1 at least three times in a given calendar year.
b. 
Prior to the time of any public auction, operators of facilities storing towed vehicles shall allow the public to inspect the vehicles to be sold at such public auction. Any operators of a facility storing towed vehicles who take any actions to impede, delay, defer, prohibit or interfere with the inspection of such vehicles for public auction shall be subject to the penalties provided in § 4-3820d hereinbelow.
c. 
Operators of facilities storing towed vehicles shall cooperate and comply with all noticing provisions promulgated by N.J.S.A. 39:10A-1 as follows:
1. 
When the Borough shall have noticed the owner of a towed vehicle, after verification of the owner from the Chief Administrator of the Motor Vehicle Commission, the Borough shall also notify the operator of the facility storing the said abandoned motor vehicle, which notice shall be given by telephone, mail, facsimile or electronic notification, and such notice shall include the name and address of the owner of record and the holder of any security interest in the stored motor vehicle.
2. 
Upon receipt of such notice from the Borough, the operator of the facility storing the abandoned vehicle shall provide notice to the owner of record and to any security interest holder in the following manner:
(a) 
The notice shall be by first-class mail, with a certificate of mailing, and shall include a schedule of the costs imposed for storing the motor vehicle and instructions explaining how the owner of record or the security interest holder may claim the stored motor vehicle.
(b) 
Storage fees.
(1) 
Except as provided in § 4-38.20c2(b)(3) below, if the operator of a facility storing such abandoned motor vehicle fails to provide such notice to the owner of record and to the security interest holder within 30 days of the date on which the storer of the vehicle received the notice required from the Borough pursuant to N.J.S.A. 39:10A-1(4), the maximum amount that operator of a storage facility may charge the owner of record or the security interest holder for storing such motor vehicle shall be $750 for private towing, provided that the owner of record or security interest holder submits a proper claim for the vehicle not later than the 30th day following the date the notice is delivered from the Borough to the operator of a facility storing such motor vehicle.
(2) 
Storage fees to be paid by the Borough for towing and storage of vehicles undertaken at the request of the Police Department shall commence at 12:01 a.m. on the day following the date of the tow as follows:
(i) 
A limit of $3 per day for the first 30 days of storage per vehicle.
(ii) 
A limit of $2 per day for the 31st day of storage and any day thereafter.
(iii) 
A limit of $ 400 per vehicle stored regardless of the duration of the storage, except that a waiver may be granted for good cause by the Division of Local Government Services in the Department of Community Affairs upon the request of the Borough.
(iv) 
Should a vehicle be abandoned due to the death or incapacitation of the driver or any passenger, the operator of a facility storing such vehicle shall charge the owner of record or the security interest holder no more than $100 for the first 72 hours after such vehicle is placed on the premises.
(v) 
If the owner of record or security interest holder fails to submit a proper claim for the vehicle on or before that 30th day, the operator of the facility storing such motor vehicle may charge the security interest holder reasonable costs for the removal and storage of the motor vehicle. If the notice is properly provided by the person storing the motor vehicle, the operator of the storage facility may charge the owner of record or the security interest holder reasonable costs for the removal and storage of the motor vehicle from the date the operator removed and stored the motor vehicle.
(vi) 
The operator of the storage facility may assess the security interest holder for the actual costs of providing the required notice.
(3) 
The Borough will use its best efforts to assist in the disposal of the abandoned vehicle within the time frames prescribed in NJ.S.A. 39:10A-1.
d. 
Violations and Penalties.
1. 
Failure of the operators of facilities storing towed vehicles to comply with the provisions of this § 4-38.20, Public Auction of Abandoned Motor Vehicles; Vehicle Inspection, and of N.J.S.A. 39:10-1 et seq., or to take any actions to impede, delay, defer, prohibit or interfere with the inspection of vehicles for public auction, or with the public auction of abandoned vehicles by the Borough of Milltown, shall be deemed a violation of this § 4-38.20, and shall, upon conviction in the Municipal Court of the Borough, be subject to a fine not exceeding $2,000 or imprisonment or community service for a term not to exceed 90 days, or by both such fine and imprisonment or community service, in the discretion of the Municipal Court Judge.
2. 
The continuation of any violations of this § 4-38.20 on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation(s) may be punished as provided above for each separate offense.
3. 
Operators of facilities on the Borough rotating call list who are adjudicated in violation of this § 4-38.20 shall be removed from the rotating call list on a permanent basis.
[Ord. No. 08-1277 § I]
A storage unit or container or outdoor storage container, also called PODS® (portable on demand storage) and PCPSF (portable containerized property storage facility) are intended to be utilized upon the exterior of residential premises for the purpose of storing all types of items of personal and household property either for pure storage or to facilitate the moving of persons from household unit to house unit, with the understanding that such unit, after a reasonable period of time for loading, will be moved to commercial storage facilities.
[Ord. No. 08-1277 § II]
a. 
Permits Required. A permit, issued by the Code Enforcement Official, for the temporary placement of a storage container or unit shall be required prior to the placement of said unit or container.
b. 
Permit Duration. A permit issued for the temporary placement of a storage unit or container shall expire 90 days from the date of issuance. Only one permit shall be issued in each calendar year for each site location, (except in a state of emergency declared by Federal, State or municipal authorities).
c. 
Permit Fee. The fee for a temporary storage unit permit shall be $50.
[Ord. No. 08-1277 § III]
a. 
The outdoor storage container situated on residential property shall only be used for the storage of personal property, furniture and household items normally located on or in a residential dwelling or premises.
b. 
All outdoor storage containers shall: not have a height in excess of seven feet nor a length of more than 10 feet nor a width of more than eight feet and all doors shall be secured by locks.
c. 
All outdoor storage containers, placed on residential properties shall be located in the driveway area or directly adjacent to the parking area.
d. 
Temporary storage containers located within a business or commercial zone will require a site plan approval granted by the Board retaining jurisdiction over the site use, i.e.; approvals shall be granted by either the Planning Board or Zoning Board of Adjustment.
[Ord. No. 08-1277 § IV]
Any violation of these regulations shall be cause for revocation of the temporary permit and said violator shall be subject to issuance of a Municipal Court summons with fines of up to $1,000 per violation per day.
[Added 5-9-2016 by Ord. No. 16-1424]
This chapter is for the purpose of regulating all games of chance held, operated or conducted within the municipality pursuant to the Acts of the Legislature of the State of New Jersey known as "Bingo and Raffles Licensing Laws" and in accordance with the rules and regulations issued or to be promulgated by the Legalized Games of Chance Control Commission in the Department of Law and Public Safety of the State of New Jersey. All applications, licenses and proceedings in connection therewith shall be subject to the provisions of the Acts and the rules and regulations and any laws, rules and regulations hereafter enacted and shall be further subject to the provisions of this chapter.
No licensee shall be authorized to hold operate or conduct any game of chance at the place where the game of chance is being conducted under any license except between the hours of 12:00 a.m. and 2:00 a.m. the following day.
Games of chance commonly known as "bingo" or "raffles," as provided by the laws of the State of New Jersey, may be conducted in the municipality, on any day of the week, including the first day of the week, commonly known and designated as "Sunday," provided that the applicant for the license to conduct such game otherwise qualifies under the provisions of the aforementioned laws of the State of New Jersey and the rules and regulations of the Legalized Games of Chance Control Commission, and specifically provided that the organization conducting the games is a charitable, religious or other organization specifically qualifying under the provisions of the aforementioned laws.
No license to conduct a game of chance as authorized by law shall be issued to any organization not having applied for and obtained a registration certificate reflecting the organizations' identification from the Legalized Games of Chance Control Commission. Organizations are subject to the qualifications outlined by statutes of the State of New Jersey and the rules and regulations of the Legalized Games of Chance Control Commission.
Pursuant to N.J.A.C. 13:474.1(a), an "issuing authority" reviews and determines whether to approve or deny a bingo or raffle license application. The issuing authority in Milltown shall be the Municipal Clerk.
The issuing authority shall approve or deny all applications for bingo or raffle licenses. Applications must be received a minimum of four weeks prior to scheduled date of game of chance. The application must be filed with the valid registration issued by the Legalized Games of Chance Control Commission, fees as required by the Legalized Games of Chance Control Commission and the Borough of Milltown, and must demonstrate in writing compliance with the provisions of all applicable laws and regulations. The application must be submitted in quadruplicate, with original signatures and notary seals as required by the Legalized Games of Chance Control Commission.
Applicants are subject to the fees of the Legalized Games of Chance Control Commission. The Borough of Milltown will collect $5 in fees per application submitted; no additional fees will be required after the game of chance is conducted.
Applicants must abide by the rules and regulations regarding prizes pursuant to N.J.A.C. 13:47-6.19 et seq.
No person under the age of 18 shall be permitted to hold, operate, assist, conduct or participate in any game of chance. No game may be conducted where alcoholic beverages are sold, dispensed or consumed during the period of the commencement of the first and the conclusion of the last game of chance.
No person, organization, club, company, or squad shall conduct, operate, run, participate in or attend any unlicensed game of chance in this municipality.
Any person violating any provision of any law or regulation administered by the Legalized Games of Chance Control Commission shall be subject to the violations, penalties, suspension, revocation or other sanctions pursuant N.J.A.C. 13:47-2.10.