[Ord. #3/27/80, § 1]
Mercantile license will apply to Highway Business and Commercial
Business Zones as follows:
a.
All land bordering Atlantic City Boulevard.
b.
All land not being known as Atlantic City Boulevard, but which borders
Route #166, the Railroad and Route #9.
c.
All lands bordering and within the resulting triangular tract of
land as herein set forth:
1.
Beginning on the northerly side of Birch Street at its intersection
with the Garden State Parkway; thence
2.
Proceeding south along the westerly side of the Garden State Parkway
to a point at which it adjoins Double Trouble Road; thence
3.
Proceeding northwesterly along the westerly side of Double Trouble
Road to Birch Street; thence
4.
Proceeding southeasterly along the northerly side of Birch Street
to the point and place of beginning.
d.
All lands bordering and included within the resulting tract of land
as herein set forth:
1.
Beginning at the corner on the northeast side of Ship Avenue and
Chestnut Street; thence
2.
Proceeding northwesterly along Chestnut Street until it intersects
the Garden State Parkway; thence
3.
Southerly along the easterly boundary of the Garden State Parkway
to Pine Street; thence
4.
Southeasterly along the northeast side of Pine Street to Pinewald
Road; thence
5.
Running north along the westerly side of Pinewald Road to Ship Avenue;
thence
6.
Running northeasterly along the northwest side of Ship Avenue to
the point and place of beginning. Local nonprofit organizations to
include, but not be limited to, Girl Scouts, Boy Scouts, Little League
Soccer, School Activities and the like shall be exempt from the provisions
of this chapter.
[Ord. #3/27/80, § 1]
As used in this section:
Business includes all types of vocations, occupations, professions,
enterprises, establishments and all other types of activities and
matters, together with all devices, machines, vehicles and appurtenances
used therein, any of which are conducted for private profit or benefit,
either directly or indirectly, on any premises in the Borough of Beachwood.
Shall mean any person, 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 sales of foods, 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 person
has, carries or exposes for sale a sample of the subject of such sale,
or whether or not such person is collecting advance payments on such
sales. Further, these terms shall include any person who 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 of Beachwood for the sole purpose of exhibiting samples
and taking orders for future delivery.
Shall mean any automatic vending machine used for the sale
of cigarettes, cigars, tobacco and controlled by the insertion of
a coin or coins.
Shall mean and include any printed or written matter, any
sample or device, circular, leaflet, pamphlet, paper, booklet or any
other printed or otherwise reproduced original or copies of any matter
or literature which:
Advertises for sale any merchandise, product, commodity or thing;
or
Directs attention to any business or mercantile establishment
or other activity for the purpose of either directly or indirectly
promoting the interests thereof by sales; or
Directs attention to or advertises any show, theatrical performance,
exhibition or event of any kind for which an admission fee is charged
for the purpose of private gain or profit; or
While containing reading matter other than advertising matter,
is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes for the private benefit and
gain of any person so engaged as advertiser or distributor.
Shall mean a sale held out in such a manner to reasonably
cause the public to believe that the sale will offer goods damaged
or altered by fire, smoke, water or other means.
Shall mean a sale held in such a manner as to reasonably
cause the public to believe that upon the disposal of the stock and
goods on hand, the business will cease and be discontinued, including
but not limited to the following sales: adjusters; adjustments; alterations;
assignees; bankrupts; benefit of administrators; benefit of creditors;
benefit of trustees; building coming down; closing; creditors' committee;
creditors and executors; final days; forced out; forced-out-of-business;
insolvents; last days; lease expirations; liquidations; loss of lease;
mortgage sales; receivers; trustees; quitting business.
Shall mean and include any person engaged in distributing
commercial or noncommercial handbills, other than newspapers distributed
to subscribers thereof, for himself or any other person, upon any
of the public and private streets, places and premises other than
his own premises, in the Borough. This subsection shall not prohibit
sale of newspapers regularly published, through newsboys, newsmen
or from news store premises in the Borough.
Shall mean any tag plate, badge, emblem, sticker or any other
kind of device which may be required for any use in connection with
any license.
Shall mean any music vending machine or device which, upon
insertion of a coin, token, 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.
Shall mean any machine, operated mechanically, electrically
or otherwise, which upon the insertion of a coin, token, disc or key
may be operated by the general public for use as a game, entertainment
or amusement, whether or not registering a score. It shall include
such devices as marble machines, pinball machines, skill ball, mechanical
grab machines and all games, operations or transactions similar thereto
under whatever name they may be included.
Shall mean and include any printed matter or written matter,
any sample or device, circular, leaflet, pamphlet, magazine, paper,
booklet or any other printed or otherwise reproduced original, or
copies of any letter or literature not included in the aforesaid definition
on a commercial handbill, including political advertisements and handbills.
The definitions of "commercial handbill" and "noncommercial
handbill" shall not include any newspaper of general circulation as
defined by general law or any religious handbook, magazine, newspaper
or periodical.
The outdoor display of any goods, items or the placement
of any objects for sale or advertising any sale of goods or services.
This shall not apply to Going-out-of-business sale as defined herein.
Additionally, this definition shall not apply to signs which are regulated
in the Borough Code.
[Added 6-16-2021 by Ord. No. 2021-08]
Shall mean any person, 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, food, liquids, merchandise, meats, fish, vegetables,
fruits, garden truck, farm products or provisions, offering and exposing
the same for sale, or making sales and delivering articles to purchasers
or who, without traveling from place to place, shall sell or offer
the same for sale from a wagon, automotive vehicle, railroad car or
other vehicle or conveyance or a person who solicits orders and a
separate transaction, makes deliveries to purchasers as part of a
scheme or design to evade the provisions of this section. The term
"peddler" shall include the words "hawker" and "huckster."
Shall mean and include all land, structures, places and also
the equipment and appurtenances connected or used therewith in any
business, and also any personal property which is either affixed to
or is otherwise used in connection with any such business conducted
on such premises.
Shall mean a sale held out in such a manner as to reasonably
cause the public to believe that the person conducting the sale will
cease and discontinue business at the place of sale upon disposal
of the stock and goods on hand and then move to and resume business
at a new location within the Borough or elsewhere.
Shall mean any person, whether as owner, agent or servant,
employee or consignee, who engages in a temporary business of selling
and delivering goods, wares and merchandise within the Borough and
who in furtherance of such purpose hires, leases, uses or occupies
any building, structure, motor vehicle, tent, railroad boxcar, boat,
public rooms in hotels, lodging houses, apartments, shops or any street,
alley or other public place within the Borough, for the exhibition
and sale of such goods, wares and merchandise, either privately or
at public auction.
Shall mean and include any machine or device, whether automatic
or not, controlled by the insertion of a coin or coins for the vending
of service, food, liquids, confections, goods, wares, merchandise
or articles of any type, kind or description.
[Ord. #3/27/80, § 1; Ord. #94-26, § 4;
Ord. #95-11, § 1; Ord. #97-06, §§ 1, 2; Ord.
#98-13, §§ 1-3]
a.
License required. No person shall either, directly or indirectly,
conduct any business within the Borough defined in this section, unless
a license or a permit therefor is first procured and kept in effect
at all such times as required by this section or any other ordinances
of the Borough.
For the purposes of this section, any person or entity shall
be deemed to be engaged in conducting a business and subject to the
provisions of this section when he sells any goods or services, solicits
business or offers goods or services for sale or for hire.
b.
Applications for license. Every person required to procure a license
or permit under the provisions of this section shall submit an application
for such license or permit to the Borough Clerk at the Borough Hall,
which application shall be accompanied by the full amount of fees
chargeable for the license sought. In addition to the special requirements
for specific licenses, as hereinafter provided, all applications for
a license under the provisions of this section shall be by written
statement upon the forms provided by the Borough Clerk which shall
contain, essentially, the following:
1.
Any previous revocation or suspension of a mercantile license and
the reasons therefor.
2.
Statement that applicant is not violating the zoning regulations
of the Borough. If applicant occupies a nonconforming use, proof of
date of occupancy and operation must be given.
3.
Statement that applicant is not in default under the provisions of
this section indebted or obligated in any manner to the Borough except
for current taxes.
4.
Such other facts relative to the general personal history of the
applicant, or its officers and managers if the applicant is not an
individual, so as to enable the Borough Clerk to make a fair determination
of the eligibility of the applicant.
5.
Name of person or entity to whom license will be issued and his residence
address. If applicant is not an individual, then the names, positions
and residence addresses of all officers and managers of the applicant.
6.
The premises at which the business is to be carried on and the name
and address of the owner of the premises.
7.
The applicant shall address the requirements for compliance with
the Americans with Disabilities Act.
c.
License renewals. Applications for renewal of a license shall follow
the same procedure as is outlined for an original application. In
the event that a renewal license application and renewal fee is not
received by the Borough prior to the beginning of the calendar year,
then said applicant shall pay a ten ($10.00) dollar late fee in order
to renew said license. Licenses may not be transferred but are subject
to new licensing provisions.
d.
Duplicate licenses. A duplicate license may be issued by the Borough
Clerk to replace any license previously issued which license has been
lost, stolen, defaced or destroyed without any willful conduct on
the part of the licensee, upon the filing by the licensee of an affidavit
sworn to before a Notary Public of the State of New Jersey attesting
to such fact and the payment to the Borough Clerk of a fee of $5.
e.
Appeal procedure. After submission of an application and the required
fee to the Municipal Clerk, the application will be processed as follows:
1.
Zoning Officer -- determination of compliance to zoning regulations.
2.
Police Department -- performing appropriate background investigation.
3.
Planning Board authorized representative -- to determine if the location
or the applicant has an application before the Board for any Board-related
purpose. Upon completion of all investigative procedures, the Municipal
Clerk will, within 30 days, provide written approval or disapproval
of the license application. If approved, a license will be issued
by the Municipal Clerk. If disapproved, the applicant will be given
written notice of same, and have 15 days from date of notice to file
an appeal of the decision with the Mayor and Council. The Mayor and
Council of the Borough will have 15 days to affirm or reverse the
decision of the Municipal Clerk. The applicant will be notified of
the time and date when the Mayor and Council shall consider said determination
and will have the opportunity to be heard concerning said appeal and
to be represented by counsel. In the event of a formal hearing request,
said decision will be made by the Mayor and Council within 10 days
of the date of said hearing.
f.
License specifications. Each license issued under the provisions
of the Borough must state in the body of the license, the following
information:
g.
Regulations. In addition to the provisions hereinafter set forth
covering specific licensed operations, every licensee under this section
shall:
1.
Permit all reasonable inspections of his business premises upon reasonable
notification to the licensee, which inspection shall be at a mutually
convenient time.
2.
Ascertain and at all times comply with all laws and regulations applicable
to such licensed business.
3.
Avoid all forbidden, improper, unlawful or unnecessary practices,
business or conditions inimical to public health, morals or welfare.
4.
Refrain from operating the licensed businesses on premises after
expiration of his license and during the period when his license is
revoked or suspended.
5.
Post and maintain his license upon the licensed premises in a place
where it may be visible at all times.
6.
Not lend, sell, give or assign to any other person or entity to use
and display the license except as authorized by the Borough Clerk
or by law.
7.
No licensee
shall place any outdoor displays, as herein defined ,outside of the
licensed premises, building or structure.
[Added 6-16-2021 by Ord. No. 2021-08]
h.
Due date of license fees. All license fees shall be due and payable
by January 31st of each year.
i.
Fees, rebates or refunds. No rebate or refund of any license fee
or any part thereof shall be made by reason of retirement of licensee
from business or by reason of the nonuse of such license for all or
any portion of the licensed year, or by reason of a change of location
or business or by reason of fire or other accident or other casualty
rendering the use of such license ineffective.
j.
Enforcement of license provisions. It shall be the duty of the Code
Enforcement Official and any authorized Borough official to examine
all places of business in the Borough to determine if this section
has been complied with and to enforce the provisions of this section
against any person found to be violating the same.
k.
Exceptions to license requirements. No license shall be required
of any person for any mere delivery in the Borough of any property
purchased or acquired in good faith from such person at his regular
place of business outside of the Borough where no intent by such person
is shown to exist to evade the provisions of this section.
l.
Permits for nonprofit and public welfare purposes. The Borough Clerk
may authorize the issuance of special permits without the payment
of any license fees or other charge therefor to any public, charitable,
political, educational, literary, fraternal or religious organization
for the conduct or operation of a temporary nonprofit enterprise for
a public, charitable, political, educational, literacy, fraternal
or religious purpose. However, applicant shall submit the usual application
form in the manner as herein before required and shall operate, if
granted a permit, in accordance with the requirements of this section.
m.
Licenses for going-out-of-business, removal and fire sales.
1.
Special requirement. For a "going-out-of-business sale" or a "removal
sale" or a "fire or other altered goods sale," a license to hold such
sale shall be required and no person shall be granted a license unless
the required fees are paid and the following special requirements,
in addition to all other provisions of this section, are met and complied
with:
(a)
He has been the owner of a business as described in the application
for a license here-under for a period of at least six months prior
to the date of the proposed sale.
(b)
He has not held a similar sale at the location stated in the
application within one year last past from the date of such application.
(c)
It applied to only one business and is not conducted or advertised
in cooperation or by participation with any other business.
(d)
He shall file with the licensing officer a complete inventory
of goods that are to be offered for sale.
2.
Coverage. In cases covered by paragraph 1 above, the license issued
hereunder shall:
(a)
Authorize only one type of sale described in the application
at the location named therein.
(b)
Authorize only the sale of goods described in the inventory
filed with the licensing officer and shall forbid addition or replacements.
(c)
Continue for a period not exceeding three months from the date
of granting of license and shall not be renewable, assignable or transferable.
n.
Temporary seasonal mobile concessions.
1.
Purpose. The purpose of the within paragraph is to establish and
allow the issuance of a mercantile license for any mobile concessionaire
who successfully obtains a public bid for a temporary seasonal mobile
concession.
2.
Mercantile license. Any successful mobile concessionaire who is awarded
a contract by the Borough of Beachwood to operate such a mobile concession
upon the Borough's riverfront beach area shall be entitled to a mercantile
license during the term of said lease and shall not be required to
pay a mercantile fee. Any such individual, partnership or corporation
shall be required to complete a mercantile license application and
to file the same with the Municipal Clerk. Any successful mobile concessionaire
who is awarded a contract by the Borough of Beachwood to operate such
a mobile concession shall be required to conform to any rules or regulations
governing mobile concessions as established by resolution of the governing
body of the Borough of Beachwood.
[Ord. #3/27/80, § 1]
a.
License required. No person shall conduct a business as a transient
merchant, itinerant merchant, itinerant vendor, peddler, canvasser,
solicitor or handbill distributor, as defined in this section, unless
a permit or license therefor is first procured and kept in effect
at all times as required by this section or any other law or ordinance
of the Borough, required fees paid and all provisions of this section
met.
b.
License applications. In addition to the requirements of subsection 4-1.3, paragraph b, persons applying for licenses as transient merchants, itinerant merchants, itinerant vendors, peddlers, solicitors, canvassers or handbill distributors shall furnish further information on their respective applications or attach the same thereto.
1.
A listing of all misdemeanors, felonies or violations of any Municipal
ordinances for which applicant has been convicted, the nature of the
offense and the punishment assessed therefor. If applicant is not
an individual, these provisions shall apply to its officers and supervisory
personnel employed at the Borough.
2.
The fingerprint of the person or persons having the management or
supervision of the applicant's business.
3.
The place or places in the Borough where applicant proposes to carry
on business, peddle, solicit, canvass or distribute and the length
of time he proposes to do so.
4.
The place or places within or without the Borough where applicant,
within two years next preceding the date of the application, did carry
on business, peddle, solicit, canvass or distribute.
5.
A statement of the nature, character and quality of the goods, wares,
or merchandise to be sold or offered for sale where manufactured and
located, and proposed method of delivery.
6.
A brief statement of the nature and character of the advertising
done or proposed to be done in order to attract customers.
7.
Credentials from the person, firm or corporation for which the applicant
proposes to do business, authorizing the applicant to act as such
representative.
8.
Such other reasonable information as to the identity or character
of the person or persons having the management or supervision of the
applicant's business or the method or plan of doing such business
as the Borough Clerk may deem proper to fulfill the purposes of this
section in the protection of the public good, including, but not limited
to, a recent photograph of the person or persons having the management
or supervision of the applicant's business.
9.
If a vehicle is to be used, a description of the same, together with
the license registration number or other means of identification.
c.
Regulations. All licenses and licensees, and their agents under this
section, are subject to the provisions and regulations of this section
and each licensee shall in addition be required to carry at all times
and display to any person authorized by the Borough his license and
identification. Further, it shall be the duty of the Chief of Police,
Borough Clerk and any other authorized inspector of the Borough to
require any person seen peddling, soliciting, canvassing or distributing,
as defined in this section, who is not known by such officer to be
duly licensed, to produce his peddler, solicitor's, canvasser's or
distributor's license, as the case may be.
d.
Occupational restrictions. The practice of going in and upon private
residences in the Borough, by transient merchants, itinerant merchants,
itinerant vendors, peddlers, canvassers, solicitors, salesmen or others
of like occupation, not having been requested or invited to do so
by the owners or occupants of the private residences, for the purpose
of soliciting orders for the sale of goods, wares and merchandise,
magazines, services or the like, or for the purpose of disposing of
or peddling or hawking the same without the required license, is hereby
declared to be a nuisance and is hereby specifically prohibited and
punishable as hereinafter provided. This provision does not apply
to political organizations with campaign material.
[Ord. #3/27/80, § 1; Ord. #87-18, § 2;
Ord. #93-07, § 1; Ord. #98-15, §§ 4, 5; Ord.
#2005-18, § 1]
a.
Term. All licenses required by this section, or any other section
of this chapter, unless otherwise specified, shall be issued for the
calendar year.
b.
Notice of hearing. Notice of hearing for revocation of license under
the provisions of paragraph a preceding, shall be given in writing
by the Borough Clerk, setting forth specifically the grounds of complaint
and the time and place of the hearing, which hearing shall be conducted
by the Mayor and Borough Council.
c.
Complaints. In addition to the provisions for revocation, the Borough
Clerk, the Chief of Police, any police officer of the Borough or any
taxpayer or resident of the Borough may make complaint in the Municipal
Court of the Borough of Beachwood for any violation of this section,
or any section, paragraph or provision thereof.
d.
Fees. The license fee to be paid, unless otherwise specified for
conducting the business or businesses herein named at the premises
to be designated in the license or licenses issued under this section,
shall be as follows:
e.
Licensees selling food. Any licensee who sells food will be required
to have an Ocean County Board of Health certification in accordance
with the policies of the County.
[Ord. #6/17/38; Ord. #9/19/73, § 62-1]
Hereafter no person or persons, firm or corporation shall, within
the Borough, carry on the business of itinerant solicitor, vendor,
huckster, hawker or crier of goods, wares and merchandise, or any
article of trade whatever, unless and until such person or persons,
firm or corporation shall first obtain a license for that purpose
and pay a license fee therefor, as hereinafter fixed and prescribed,
except that such license shall not be required:
a.
For the soliciting of orders for, or peddling, vending or offering
for sale, meats, fish, fruit or farm products by farmers or other
persons who produce same, or
b.
Of any veteran who holds a special State license issued under the
laws of the State of New Jersey, provided, however, that such exemption
in the case of such veteran shall extend only to the requirement of
securing a license hereunder, and such veteran shall otherwise be
required to comply with all subsections of this section and shall
be required to procure from the Borough Clerk a special veteran's
permit, which shall be issued by the Clerk upon proper identification
as required herein.
c.
Nonprofit organizations headquartered within the Borough.
[Ord. #9/19/73, § 62-3]
Each application for a license required by this section must
be filed with the Borough Clerk and must be accompanied by the required
license fee. Such application shall be on a form provided by the Borough
Clerk and must be sworn to before a notary public and contain, among
other things, the following information concerning the applicant:
applicant's full name, residence, place of residence for the five
years previous to applicant's present address; date and place of birth,
height, color of eyes and hair; length of time applicant has resided
at present address; whether a citizen of the United States and, if
a naturalized citizen, the place of securing such citizenship; names
and addresses of previous employers for the past five years; marital
status; all felonies or misdemeanors with which the applicant has
been charged and the disposition of each such charge; what, if any,
licenses for peddling or vending issued by any state, municipality
or other such authority have previously been held by applicant; all
instances in which any such licenses may have been revoked or suspended
and the details thereof; and any other information of similar nature
that may reasonably be required. The application shall, after completion,
be submitted to the Chief of Police for investigation, and his recommendation
shall be endorsed thereon prior to the issuance thereof. No license
shall be issued to a person who has been convicted of a felony, and
a license may be denied to a person convicted of a misdemeanor.
[Ord. #9/19/73, § 62-4]
Each applicant for a license required by this section shall
file impressions of the fingers of the right and left hands on forms
furnished by the Chief of Police, under the supervision of such police
officer as may be designated by the Chief of Police.
[Ord. #9/19/73, § 62-5]
All licenses required hereunder shall contain a photograph and
signature of the applicant. A portion of the photograph on each license
shall be impressed with the seal of the Borough. All licenses shall
be numbered in the order in which they are issued, and shall contain
the name and place of the residence of the licensee and the date of
issuance and the date of expiration thereof. No licensee shall deface,
remove, change or obliterate any official entry made upon the license
in any respect whatsoever, and if such official license shall be defaced,
obliterated or changed in any respect, the licensee shall report same
immediately to the Borough Clerk who, may, upon payment of a fee of
$10, issue a replacement license. Any license which shall be defaced,
obliterated or changed in any respect shall be deemed void.
[Ord. #6/17/38]
Upon application and payment of the prescribed license fee,
the Borough Clerk is hereby authorized to issue to the applicant a
license certificate, which shall state thereon the purpose for which
the license is issued, the name of the person or persons or firm or
corporation to whom such license is issued, date when issued, the
date of its expiration and the amount of the fee paid therefor.
[Ord. #6/17/38]
Licenses issued to any person or persons, firm or corporation
under the provisions of this section shall not be assignable or transferable.
[Ord. #9/19/73, § 62-9; Ord. #93-07, § 2]
No person shall solicit orders for, peddle, vend, hawk or offer
for sale in any street, park or other public place, or by going from
house to house, in the Borough, any goods, wares, merchandise or service,
except during the hours from 9:00 a.m. to 8:00 p.m. on Monday through
Saturday of each week, other than legal holidays. This limitation
on days and hours shall be set forth on each license issued pursuant
to this section.
[Ord. #6/17/38; Ord. #9/19/73, § 62-10]
Every person while exercising a license issued under this section
shall carry such license on his person and shall exhibit same on demand.
Every vehicle used by a licensee hereunder shall have the name of
the licensee and his address plainly, distinctly and legibly painted
in letters and figures at least two (2") inches in height and in a
conspicuous place on the outside of every such vehicle used in the
Borough in the course of such business.
[Ord. #9/19/73, § 62-11]
No licensee hereunder shall:
a.
Falsely or fraudulently misrepresent the quantity, character or quality
of any article offered for sale or service, or offer for sale any
unwholesome, tainted or diseased provisions or merchandise.
b.
Blow a horn, ring a bell or use any other noisy device to attract
public attention to his wares, or shout or cry out his wares.
c.
Stand or permit the vehicle used by him to stand in one place in
any public place or street for more than 10 minutes, or in front of
any premises for any time if the owner or lessee of the ground floor
thereof objects, or in any place if traffic is thereby obstructed.
d.
Sell any confectionery, ice cream or other edibles within two hundred
fifty (250') feet of any school between the hours of 8:00 a.m. and
4:00 p.m. on school days.
e.
Create or maintain any booth or stand, or place any barrels, boxes,
crates or other obstructions, upon any street or public place for
the purpose of selling or exposing for sale any goods, wares or merchandise.
f.
Deposit or throw, or cause or permit to be deposited or thrown, any
refuse or other substance upon any public or private property within
the Borough.
g.
Keep the vehicles and receptacles used by him in a dirty and unsanitary
condition, or allow foodstuffs and edibles offered for sale to be
kept uncovered or unprotected from dirt, dust and insects.
h.
Permit or suffer any vehicle used by him hereunder to stand or remain
within five hundred (500') feet of any grounds occupied by a school
during school hours, except as set forth in paragraph d hereinabove,
or within one hundred (100') feet of any street intersection.
i.
Attempt to hawk, vend, peddle or offer anything for sale to any person
who objects thereto.
[Ord. #6/17/38; Ord. #9/19/73, § 62-12]
Any license issued pursuant to the provisions of this section
may be revoked by the Mayor and Council of the Borough, if it shall
be shown that the licensee has refused to exhibit his license certificate
upon request, or has been guilty of any fraudulent or unfair dealings,
or has misrepresented any goods, wares or merchandise offered for
sale, or who shall habitually violate the provisions of any of the
ordinances in force in the Borough of Beachwood or the laws of the
State of New Jersey. In any such case, such charges shall be made
in writing and copy thereof served upon the licensee, together with
at least five days' notice of the time and place when and where the
Mayor and Borough Council will hear and determine the matter.
[Ord. #2005-02 § 1]
a.
CHIEF OF POLICE
CRIMINAL HISTORY BACKGROUND CHECK
DOOR-TO-DOOR SALES ENTERPRISE
Definitions.
Shall mean the Chief of Police or representative authorized
by the Chief of Police to perform the acts of the Chief of Police
in accordance with this section.
Shall mean a determination of whether a person has a criminal
record by cross-referencing the person's name and fingerprints with
those on file with the Federal Bureau of Investigation, Identification
Division and the State Bureau of Identification in the Division of
State Police.
Shall mean any public or private business, corporation or
partnership that produces earnings through door-to-door sales including
businesses, corporations or partnership that participates in canvassing,
itinerant vending and/or peddling as defined herein. Said enterprise
shall not include an organization that participates solely for nonprofit
solicitation.
Owner(s) of door-to-door sales enterprise shall be defined
to include all principals who own 10% or more of the equity in the
corporation or business trust, partners and officers in the aggregate
employed by the entity as well as any subsidiaries directly controlled
by the business entity.
b.
Applications. An application for a license as provided herein shall
be made to the Chief of Police upon forms provided by the Borough.
Such application shall be sworn to and filed with the Chief of Police
at least 10 days prior to the time at which the license supplied for
shall become effective. The application required shall contain the
following information:
1.
The name, description, address or headquarters of the person applying
for the license.
2.
If the applicant is not an individual, the names and addresses of
the applicant's principal officers, operating managers and all members
of the applicant's Board of Directors.
3.
If the applicant is a nonprofit corporation of the State of New Jersey,
a certified copy of its certificate of incorporation, together with
any amendments or supplements thereto.
4.
If the application is a corporation, an in-state registered agent
must be identified by name and street address.
5.
If the applicant is an individual, the permanent home address and
full local address of the applicant.
6.
If the applicant is employed, the name and address of the employer,
together with credentials establishing the exact relationship.
7.
A brief statement of the nature of the business and description of
the merchandise or service to be sold.
8.
The name and address of the person or persons who will be in direct
charge of conducting the sale or offer of merchandise or service(s)
and the name of all promoters connected with the proposed sale or
offer.
9.
An outline of the method or methods to be used in conducting the
sale or offer of merchandise or service(s).
10.
The length of time for which the license is desired including a schedule
of the streets or portions thereof which will be canvassed and the
preferred dates of such canvassing.
11.
If a vehicle or vehicles are to be used, a description of such vehicles
and license numbers.
12.
The place where the goods or property to be sold or offered for sale
are manufactured or produced, where such goods or property are located
at the time such application is filed and the proposed method of delivery.
13.
If the applicant is an individual, two photographs of the applicant
taken within 60 days immediately prior to the date of the application,
which photograph shall clearly show the head and shoulders of the
applicant and shall measure two inches by two (2" x 2") inches, and
a set of fingerprints to be taken by the Borough Police Department.
14.
Two business or banking references located in the County of Ocean,
State of New Jersey.
15.
A statement to the effect that if a license is granted, it will not
be used or represented in any way as an endorsement by the Borough
of Beachwood or by any department or officer thereof.
16.
A signed statement as to whether 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.
17.
Such other information as may be reasonably required by said Chief
of Police in order for him to determine the kind and character of
the proposed solicitation and whether such solicitation is in the
interest of any not inimical to the public welfare.
18.
Applicants shall maintain and produce proof of insurance coverage
in the minimum amounts of $100,000 per person for personal injuries,
$300,000 per occurrence for personal injuries and $50,000 for property
damage. The Borough of Beachwood shall be named as an additional insured
on all such insurance policies. The insurance coverages shall not
be terminated or canceled prior to the expiration date thereon unless
30 days' advance written notice is provided to the Borough of Beachwood.
19.
A temporary license may be issued for a period not to exceed 60 days
upon the written recommendation of the Chief of Police.
c.
Criminal History Background Checks.
1.
The Chief of Police shall initiate criminal history record background
checks of present and prospective canvassers, peddlers, itinerant
vendors or owners and employees of a door-to-door sales enterprise
as set forth in this subsection.
2.
No person shall be licensed as a canvasser, peddler, itinerant vendor
or owner or employee of a door-to-door sales enterprise unless the
Chief of Police certifies that the person has no criminal history
record of a conviction for an offense enumerated in paragraph c,3
of this subsection.
3.
A person subject to paragraph c,2 of this subsection whose criminal
history record background check reveals a conviction for any of the
following crimes and offenses shall be disqualified from receiving
a license to conduct canvass, peddle, itinerant vend or perform door-to-door
sales:
(a)
If the conviction was in New Jersey for a crime:
(1)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1
et seq., N.J.S.A. 2C:13-1, et seq., N.J.S.A. 2C:14-1 et seq., or N.J.S.A.
2C:15-1 et seq.; or
(2)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1
et seq. or N.J.S.A. 2C:25-17 et seq.; or
(3)
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes; or
(b)
If the conviction was in any other state or jurisdiction, for
conduct constituting any of the crimes described in paragraph c,3(a)
of this subsection.
(c)
The Chief of Police is authorized to receive criminal record
information from the State Bureau of Identification in the Division
of State Police and the Federal Bureau of Investigation consistent
with applicable State and Federal laws, rules and regulations. The
applicant shall bear the cost, if any, for the criminal history record
background check, including all costs of administering and processing
the check.
(d)
The Division of State Police in the Department of Law and Public
Safety, upon the request of the Chief of Police, shall conduct a criminal
history record background check requested by the Chief of Police in
accordance to the provisions of this subsection. The check shall be
performed only upon certification by the Chief of Police that the
person has submitted to the Chief of Police the person's name, address,
fingerprints and written consent for a criminal history record background
check to be performed.
For purpose of conducting the criminal history record background
check, the State Police shall examine its own files and arrange for
a similar examination of Federal criminal records. The information
obtained as a result of any such check shall be forwarded to the Chief
of Police.
(e)
(1)
A criminal history record background check shall not be initiated
pursuant to this subsection without the written consent of the person.
The consent required under this subsection shall be in the manner
and form prescribed by the Chief of Police and shall include, but
not be limited to the signature, name, address and fingerprints of
the person.
(2)
Upon receiving the results of a criminal history record background
check, the Director shall promptly notify any person who has not been
convicted of a disqualifying offense. Along with that notice, the
Chief of Police shall forward a certification stating that the person
has been subject to a criminal history record background check and
that the check has not revealed any record that the person has been
convicted of a disqualifying offense. The certificate shall be in
a form, and contain any additional information, as the Chief of Police
may prescribe by rules and regulation.
(3)
The Chief of Police shall promptly notify a person whose criminal
history record background check reveals a disqualifying criminal conviction
of the results of the background check. The person shall have 30 days
from the receipt of that notice to petition the Chief of Police for
a review and cite reasons substantiating the review. If the person
successfully challenges the accuracy of the criminal history record
information indicating a criminal conviction or the person demonstrates
affirmatively to the Chief of Police clear and convincing evidence
of rehabilitation, the Chief of Police may issue a certificate indicating
that the person has successfully cleared a background check.
In determining whether the rehabilitation of a person has been
affirmatively demonstrated, the Chief of Police shall consider:
(i)
The nature and seriousness of the offense;
(ii)
The circumstances under which the offense occurred;
(iii)
The date of the offense;
(iv)
The age of the person when the offense was committed;
(v)
Whether the offense was repeated;
(vi)
Social conditions which may have contributed to
the offense; and
(vii)
Any evidence of rehabilitation, including good
conduct in the community, counseling, psychological or psychiatric
treatment, additional academic or vocational training, or personal
recommendations.
(4)
In the case of a door-to-door sales enterprise, a copy of the
notification required under paragraphs (c)(2) and (c)(3) of this subsection
also shall be forwarded to the owner of the enterprise.
(5)
The Chief of Police shall not certify a person subject to the
provisions of this article who refuses to consent to, or cooperate
in, the securing of a criminal history record background check.
d.
Do Not Knock Registry.
1.
The Borough Clerk shall prepare a list of addresses of those premises
where the owner and/or occupant has notified the Clerk that canvassing,
peddling, itinerant vending and door-to-door sales enterprising are
not permitted on the premises (hereinafter referred to as the "Do
Not Knock" Registry). Notification shall be by compensation of a form
available at the Borough Clerk's office during normal business hours.
The list shall be updated on January 1st and July 1st of each year.
2.
Any owner and/or occupant who has requested enlistment on the "Do
Not Knock" Registry, pursuant to paragraph d,1 herein, shall be able
to purchase from the Clerk's Office, for a nominal fee, a sticker
for display at his/her/its premises indicating enlistment on the "Do
Not Knock" Registry.
3.
The Borough Clerk shall submit the "Do Not Knock" Registry to the
Chief of Police biannually to be distributed to applicants for a license
to peddle, canvass, itinerant vend or otherwise door-to-door sell
pursuant to the provisions of this section. The licensee shall not
peddle, canvass, itinerant vend or conduct door-to-door sales at any
premises identified on the then current "Do Not Knock" Registry.
e.
Hours of Operation. No person shall take part in door-to-door sales
and door-to-door sales enterprise except during the hours of 9:00
a.m. to 6:00 p.m.
f.
Violations. Any canvasser, peddler, itinerant vendor or owner or
employee of a door-to-door sales enterprise who violates any provision
of this section shall be:
1.
Subject to a maximum ordinance violation fine of $1,250 per offense;
2.
Subject to a one year revocation of any license issued pursuant to
the within section; and
3.
Ineligible to receive a new license, pursuant to the within section;
for a period of one year, coinciding with the terms of one year revocation
noted in paragraph e,2 herein.
[Ord. #12/20/72, § 1]
No person, firm, association, partnership or corporation shall
hereafter conduct or permit to be conducted any retail business commonly
known and designated as "auctions" in the Borough, unless a license
for such business is first obtained from the Borough by the person
desiring to operate the auction.
[Ord. #12/20/72, § 2]
Any business wherein the price of articles to be sold is fixed
and determined by bidding shall be construed an "auction" within the
meaning of this section.
[Ord. #12/20/72, § 3]
Before any license is granted as set forth in subsection 4-3.1, the applicant shall make an application in writing therefor to the Mayor and Council of the Borough which application shall disclose the following:
a.
Name, age and residence of the applicant.
b.
Type of merchandise to be displayed and sold at auction.
c.
Business references of three persons not related to the proposed
applicant.
d.
Where applicant is a corporation, the registered office of the corporation
and the name of the registered agent.
e.
Whether applicant has ever been convicted of a crime.
[Ord. #12/20/72, § 4]
The Mayor and Council shall investigate each application made
and is empowered and authorized to issue a license for the auction.
[Ord. #12/20/72, § 5]
a.
The Mayor and Council shall require, as a condition precedent to
granting of the license, a bond from the applicant of the Borough
in the sum of $5,000 with sufficient sureties acceptable to the Mayor
and Council, and conditioned for the due observation of this section
and such other ordinances or regulations that may be passed respecting
the conduct or operation of such auctions.
b.
The bond shall be for the protection of persons and property and
the preservation of the safety and property of the Municipality and
its inhabitants, as may now or hereafter be required by any State
law or Municipal ordinance or regulation. Bond shall be renewed from
time to time, and no auction shall be operated or conducted if the
bond is expired, revoked or canceled for any reason whatsoever.
[Ord. #12/20/72, § 6]
Such license, if granted, shall be conspicuously placed upon
the premises, and shall in no case whatsoever be transferable.
[Ord. #12/20/72, § 7]
The license fee shall be the sum of $200 per year, all payable
in advance for each year, and each year shall commence on January
1 and expire on December 31 of each year.
[Ord. #12/20/72, § 8]
The Mayor and Council may, upon its own motion or upon the complaint
in writing of any person, investigate the actions of the licensee,
and shall have power to suspend for the unexpired portion of the license
period, or revoke, any license issued under the provisions of this
section or any ordinance that may be hereafter adopted by the Borough,
where the applicant, licensee, tenant or any person acting for them
or any of them in performing or attempting to perform any of the acts
mentioned herein, is deemed to be guilty of:
[Ord. #12/20/72, § 9]
The premises upon which the auctions are or may be located shall
be open to inspection at all reasonable hours by any Borough official
or member of the Police Department.
[Ord. #9/19/73, § 78-1]
This section is created pursuant to R.S. 48:16-1 et seq., and
shall be known as the "Borough of Beachwood Taxicab Regulation."
[Ord.#9/19/73, § 78-2]
As used in this section:
Shall mean the Borough of Beachwood in the County of Ocean
and State of New Jersey.
Shall mean the practice of driving about the streets of the
Borough within a taxicab so as to solicit passengers or to bring the
presence of the taxicab to the attention of prospective passengers.
A taxicab driving along the streets of this Borough for any purpose
other than while transporting a passenger, going to a definite designation
by the most direct route in response to a call for a taxicab by a
prospective passenger, or returning by the most direct route to the
taxicab's home terminus after discharging a passenger, or going to
or from the terminus to the driver's home by the most direct route,
shall be prima facie evidence of "cruising."
Shall mean any person who drives a taxicab within this Borough.
Shall mean licensed in accordance with the appropriate subsections
of this section.
Shall mean transporting in such taxicab one or more persons
for hire along any of the streets in this Borough, accepting a passenger
to be transported for hire within this Borough or from a point within
the Borough to a point outside of the Borough limits, or discharging
a passenger transported for hire from a point outside of the borough
limits to a point within the Borough limits, shall be deemed to be
the operation of a taxicab within the meaning thereof. The operation
of a taxicab in any of the above-described manners by one other than
the owner shall be deemed operation by the owner thereof as well as
by the person actually driving. The transportation of any person other
than the owner or driver in any motor vehicle bearing a sign therein
or thereon using the word "taxi," "taxicab" or "cab" shall be prima
facie evidence of operation.
Shall mean any person, corporation or association whose name
or title to any taxicab is registered within the New Jersey Department
of Motor Vehicles, or which appears in such records to be the conditional
vendee or lessee thereof.
Shall mean any individual, copartnership, association or
corporation or joint-stock company, their lessees, trustees or receivers.
Shall mean any street, avenue, park, parkway, highway or
other public roadway.
Shall mean any automobile or motorcar, commonly called taxi,
engaged in the business of carrying passengers for hire, which is
held out, announced or advertised to operate or run, or which is operated
or run, over any of the streets within the Borough, and which accepts
passengers for transportation from points or places to points or places
within or without the Borough; provided that nothing herein contained
shall include autobuses, public deliveries, jitneys and other such
vehicles which are hired by charter or for a particular contract agreed
upon in advance, or such public conveyances as are by law subject
to State and/or Federal regulation exclusively.
[Ord. #9/19/73, § 78-3]
From and after the effective date of this section, no person
shall pick up for hire any persons for any taxicab in the Borough
unless both the taxicab and driver thereof are licensed pursuant to
the terms of this section and conform to all provisions thereof, provided
that taxicabs and drivers licensed by municipalities which allow the
operation of taxicabs licensed in other municipalities may operate
in the Borough of Beachwood without securing a Beachwood license,
but subject to all other requirements of this section.
[Ord. #9/19/73, § 78-4]
There are hereby established two classes of taxicab licenses,
to be known as "taxicab driver's licenses" and "taxicab owner's licenses,"
respectively.
[Ord. #9/19/73, § 78-5]
A taxicab owner's license shall entitle the taxicab therein
described to be operated in this Borough by a driver duly licensed
hereunder until the license either expires or is surrendered, suspended
or revoked, and shall not be transferable.
[Ord. #9/19/73, § 78-6]
A taxicab driver's license shall entitle the person named therein
to operate within this Borough any taxicab duly licensed hereunder
until the license either expires or is surrendered, suspended or revoked,
and shall not be transferable.
[Ord. #9/19/73, § 78-7]
a.
All applications for taxicab licenses shall be in writing, in duplicate,
and shall contain the full name and address of the owner, the serial
number, type, color, year and make of the taxicab, the number of persons
it is to carry, and the names and addresses of two responsible property
owners of the Borough as references. Any and every change of address
of the owner shall be reported in writing to the Borough Clerk within
three days after such change.
b.
All applications shall be filed with the Borough Clerk, who shall
submit the applications to the Mayor and Council at the next succeeding
meeting for action, and any or all applications may be granted or
refused by the majority vote of the members of the body present at
such meeting.
c.
Every person obtaining a taxicab license must be at least 21 years
of age and a citizen of the United States. If a corporation, such
corporation must be organized and existing under the laws of the State
of New Jersey and shall maintain an office in the Borough.
d.
No taxicab licensed under this section shall be maintained or operated
on the streets of the Borough except by a driver licensed in accordance
with the provisions of this section.
[Ord. #9/19/73, § 78-8]
All licenses to be issued under the provisions of this section
shall be issued in the name of the Borough of Beachwood and under
the hand of the Clerk, and all licenses issued hereunder shall expire
January 1 next succeeding the date thereof, unless sooner suspended
or revoked.
[Ord. #9/19/73, § 78-9]
The number of any licenses of either class at any one time issued
and outstanding shall not exceed such number as the Mayor and Council
shall, in its discretion, deem sufficient to adequately serve public
necessity and convenience.
[Ord. #9/19/73, § 78-10]
Every applicant for a taxicab owner's license shall, together
with his application, submit the insurance policy or certificate in
lieu thereof required by Section 48:16-3 of the Revised Statutes of
New Jersey covering the taxicab to be licensed.
[Ord. #9/19/73, § 78-11]
No taxicab license shall be issued until the applicant therefor shall have delivered to the Borough Clerk, concurrently with the filing of the insurance policy referred to in subsection 4-4.10 hereof, a power of attorney executed by the applicant wherein and whereby the applicant shall appoint the Borough Clerk his, her or its true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed; and any license for a taxicab issued upon any such application shall continue effective and the operation of any taxicab thereunder shall be permitted only so long as the power of attorney shall remain in effect and unrevoked.
[Ord. #9/19/73, § 78-12]
a.
Each applicant for a taxicab driver's license shall be at least 21
years of age and a citizen of the United States and a holder of a
State driver's license issued by the Department of Motor Vehicles,
State of New Jersey.
b.
Each applicant for a taxicab driver's license shall submit a certificate
from a licensed physician of the State of New Jersey, at the applicant's
expense, certifying that the applicant has been examined within the
preceding 30 days and that he has no infirmity of body or mind which
might render him unfit for the safe operation of a taxicab.
c.
Each applicant for a taxicab driver's license shall obtain from the
Police Department of the Borough an affidavit from an appropriate
officer of the Police Department to the effect that the applicant
is of good moral character and that he has sufficient knowledge of
the traffic regulations and geography of the Borough.
d.
Each applicant must furnish with the application for such driver's
license a recent photograph of himself, three (3") inches in length
and four (4") inches in height, in duplicate.
e.
Each applicant must submit the names and addresses of two responsible
property owners of the Borough as references.
f.
Every license so issued shall be revoked upon conviction of two violations
of the State Motor Vehicles Statute.
g.
All changes of residence on the part of the holder of any taxicab
driver's license issued under this section shall be reported in writing
to the Mayor and Council through the Borough Clerk and be directed
to the Police Department of the Borough.
h.
All applications shall be filed with the Borough Clerk, who shall
submit the applications to the Mayor and Council at the next succeeding
meeting for action, and any or all applications may be granted or
refused by the majority vote of the members of the body present at
such meeting.
[Ord. #9/19/73, § 78-13]
The Mayor and Council may, in its discretion, refuse to issue
or renew, or may, after notice and hearing, revoke or suspend:
a.
Any license of either class if the applicant or licensee has been
once convicted of a crime in this or any other jurisdiction, or convicted
of being a disorderly person or of a violation of Title 39, Motor
Vehicle and Traffic Regulations of the Revised Statutes of New Jersey,
or who violates any provisions of this section or has any judgment
of record unsatisfied against him arising out of an automobile accident,
or who has failed or fails to render reasonably prompt, safe and adequate
taxicab service, or who has not complied fully with all requirements
of this section for such class of license; or, in addition,
b.
Any taxicab driver's license if the licensee or applicant has in
any degree contributed to any injury to person or damage to property
arising out of negligent operation of a motor vehicle, or has any
communicable or contagious disease; or
c.
Any taxicab owner's license if the motor vehicle licensed or to be
licensed, by reason of unsafe or unsanitary conditions, is dangerous
to the safety or health of the occupants or others, or if the policy
of insurance required by Section 48:16-3 of the Revised Statutes has
once lapsed or such coverage is not maintained at all times.
[Ord. #9/19/73, § 78-15; Ord. #2005-25, §§ 1,
2]
a.
The annual taxicab license fee shall be $75 for the first taxicab
to be covered by the taxicab license and $35 for each additional taxicab
under the license, and the license shall be effective for the period
from January 1 to December 31 of each calendar year or part thereof.
A taxicab license for each calendar year thereafter shall be issued
upon the payment of the aforesaid fee to the Borough Clerk.
b.
The annual taxicab driver's license fee shall be $15, and the license
shall be effective for the period from January 1 to December 31 for
each calendar year or part thereof. A taxicab driver's license shall
be issued upon the payment of $15 unless the license for the preceding
year has been revoked.
[Ord. #9/19/73, § 78-16]
No license shall be sold, assigned, mortgaged or otherwise transferred.
[Ord. #9/19/73, § 78-17]
a.
The rate of fare to be charged within the Borough limits of the Borough
and surrounding limits shall be posted so that it is conspicuously
seen by any passenger in any part of the taxicab.
b.
No taxicab shall at any time carry more than five passengers.
c.
Rates and rate regulations.
2.
These charges shall be exclusive of the lawful tolls.
3.
These charges shall apply notwithstanding the number of passengers
from point of origin to point of destination.
4.
For trips in excess of 30 miles in one direction, a flat rate may
be charged if an established schedule is filed with the Borough Clerk.
d.
Every driver of such taxicab shall have the right to demand payment
of legal fare in advance, and may refuse employment unless so prepaid,
but no driver of such vehicle shall otherwise refuse or neglect to
convey any orderly person or persons upon request anywhere in the
Borough unless previously engaged or unable to do so. No driver of
any such taxicab shall carry any person other than the first passenger
employing him without the consent of the passenger.
[Ord. #9/19/73, § 78-18]
a.
There shall also be affixed in every taxicab, in such manner that
the same can be conveniently read by any person therein, a card at
least three (3") inches in height by at least five (5") inches in
length, containing the name of the owner, the license number of the
vehicle and the year of issuance, and also a photograph of the licensed
driver with his license number.
b.
Every taxicab so licensed shall have painted on both sides thereof
the word "taxi" or "cab" in letters at least three (3") inches high,
or the name of the operating owner containing the word "taxi" or "cab"
or "taxicab."
[Ord. #9/19/73, § 78-19]
No such taxicab shall be permitted to park in the Borough except
in those spaces in the Borough designated by the Mayor and Council
and marked "Taxi Stand," or at such other places off the public streets
as may hereinafter be approved by the resolution of the Mayor and
Council.
[Ord. #9/19/73, § 78-20]
a.
No taxicab owner or operator shall cruise on the streets of this
Borough any taxicab at any time for the purpose of soliciting passengers.
b.
No such licensed taxicab, while waiting employment by passengers,
shall stand on any public street or place other than at or upon the
designated public "Taxicab Stand"; nor shall any driver seeking employment
repeatedly and persistently drive to and fro on a short space before
or otherwise interfere with the proper and ordinary access to or egress
from any railroad station, theater, hotel, restaurant or any other
public place; but employment may be solicited by driving through a
public street or place without stops other than those due to obstructions
or traffic, and at a rate of speed that would not interfere with or
impede the traffic.
[Ord. #9/19/73, § 78-20]
Drivers of taxicabs shall not receive or discharge passengers
in the roadway, but shall pull up to the right-hand sidewalk as nearly
as possible, or, in the absence of a sidewalk, to the extreme right-hand
side of the road and there receive or discharge passengers, except
upon one-way streets where passengers may be discharged on either
the right-or left-hand sidewalk, or side of the roadway in the absence
of a sidewalk.
[Ord. #9/19/73, § 78-22]
Any owner licensed to operate any given number of cabs must
operate all cabs for which licenses are issued at least eight hours
a day except when withdrawn from service, or for a reasonable period,
in the discretion of the Mayor and Borough Council, for necessary
repairs: 48 hours for mechanical repairs, 10 days for accidents.
[Ord. #9/19/73, § 78-23]
Should a taxicab be withdrawn from service for necessary repairs, as allowed in subsection 4-4.22, or for replacement, the Borough Clerk shall issue a transfer of license thereof to substitute another vehicle in place of the one withdrawn, provided that all subsections of this section are complied with in respect to the proposed substitution. There shall be a fee of $3 for the issuance of the transfer.
[Ord. #10/7/77, § 1]
As used in this section:
Shall mean the practice of a profession, scientifically applied
to the patient by the operator's hands.
Shall mean any massage establishment or place of business
wherein massage as to all or any one or more of the below-named subjects
and methods of treatments, as defined in "massage therapist," is administered
or used.
Shall mean any person who practices or administers as to
all or any of the following named subject matters and who has made
a study of the underlying principles of anatomy and physiology as
generally included in a regular course of study by a recognized and
approved school of massage: the art of body massage either by hands
or with a mechanical or vibratory apparatus for the purpose of body
massaging, reducing or contouring; the use of oil rubs, heat lamps,
salt glows, hot and cold packs or tub, shower or cabinet baths where
variations of the following procedures are employed: touching, stroking,
friction, kneading, vibration, percussion and medical gymnastics.
Massage therapists shall not diagnose or treat classified diseases
nor practice spinal or other joint manipulations nor prescribed medicines
or drugs.
[Ord. #10/7/77, § 1]
a.
It shall be unlawful for any person or persons to engage in the practice
of or to attempt to practice massage, whether for a fee or gratuitously,
without a license issued pursuant to the provisions of this section.
b.
It shall be unlawful for any person or persons to operate or conduct
any massage establishment which does not conform to the sanitary provisions
herein contained or to employ any person as a massage operator who
does not hold a license.
[Ord. #10/7/77, § 1]
An applicant for a license shall submit the following information:
a.
Full name and current address.
b.
The two previous addresses of the applicant immediately prior to
the current address.
c.
Written statements of at least three bona fide residents of the Borough
that the applicant is considered to be of good moral character.
d.
Written proof that the applicant is over the age of 18 years.
e.
The applicant's height, weight and color of eyes and hair.
f.
Two current photographs at least two by two (2" x 2") inches in size.
g.
The business, occupation or employment of the applicant for the three
years immediately preceding the date of the application.
h.
The massage or similar business license history of the applicant,
including whether such person, in previous operation, in this or another
area, has had his or her license revoked or suspended, the reasons
therefor and any business activity or occupation subsequent to the
action of suspension or revocation.
i.
All criminal convictions and grounds therefor.
j.
A certificate from a medical doctor designating that the applicant
has, within 30 days immediately prior thereto, been examined and found
to be free of any contagious or communicable disease.
k.
Schooling.
1.
The applicant must furnish a diploma or certificate of graduation
from an accredited school or other institution of learning wherein
the method, profession and work of massage therapists is taught. The
term "accredited school or other institution of learning" shall mean
and include any school or institution of learning which complies with
the following criteria:
(a)
It has been accredited by either the American Massage and Therapy
Association or the International Myomassethics Federation, Inc.
(b)
It shall have as its principal purpose the teaching of the theory,
method, profession or work of massage therapists.
(c)
It shall require a resident course of study of not less than
1,000 hours to be given in not less than six calendar months before
the student shall be furnished with a diploma or certificate of graduation
from such school or institution of learning showing the successful
completion of such course of study or learning.
2.
The Borough Clerk shall maintain a public list of all massage schools
which meet the criteria established in this section. Schools offering
correspondence courses and not requiring actual class attendance shall
not be deemed recognized schools. The Clerk shall have the right to
confirm the fact that an applicant has actually attended classes and
matriculated in an accredited school.
[Ord. #10/7/77, § 1; New; Ord. #2005-25, §§ 3,
4]
a.
Any person desiring to obtain a license to operate a massage establishment
or to perform massage services shall make application to the Borough
Clerk, who shall refer all such applications to the Chief of Police
for an appropriate investigation.
b.
Each application shall be accompanied by a license fee of $125.
[Ord. #10/7/77, § 1]
a.
Upon payment of the application fee, submission of all information
required by application and upon proper inspection, a license shall
be granted immediately, if all requirements described herein are met,
unless it appears that any such applicant has deliberately falsified
the application or the record of such applicant reveals a conviction
of a felony or a crime of moral turpitude.
b.
Any person denied a license pursuant to these provisions may appeal
to the Borough Council in writing stating reasons why the license
should be granted. The Council may also review any determination of
the Director of Public Safety granting or denying a license on its
own motion.
c.
All licenses issued hereunder are nontransferable; provided, however,
that a change of location of a massage establishment may be permitted
pursuant to the provisions hereof.
[Ord. #10/7/77, § 1]
Every person to whom a license shall have been granted shall
display the license in a conspicuous place at his place of business.
[Ord. #10/7/77, § 1]
No license to conduct a massage establishment shall be issued
unless an inspection discloses that the establishment complies with
each of the following minimum requirements:
a.
A readable sign shall be posted at the main entrance identifying
the establishment as a massage establishment, provided also that all
such signs shall otherwise comply with the general sign requirements
of the Borough.[1]
b.
Minimum lighting shall be provided in accordance with the applicable
ordinances of the Borough, and, additionally, at least one artificial
light of not less than 40 watts shall be provided in each enclosed
room or booth where massage services are being rendered.
[Ord. #10/7/77, § 1]
A change of location of the massage premises shall be approved
by the Director of Public Safety, provided that all applicable ordinances
are complied with and the change of location fee of $25 is first paid.
[Ord. #10/7/77, § 1]
It shall be the responsibility of the holder of the license
for a massage establishment to ensure that each person employed as
a massage therapist shall first have obtained a valid license pursuant
to this section.
[Ord. #10/7/77, § 1]
At least twice each year, an inspection of each massage establishment
may be made for the purpose of determining that the provisions of
this section are met, to be performed by the Code Enforcement Officer
or other designated official.
[Ord. #10/7/77, § 1]
a.
No license shall be revoked until after due notice is given and a
hearing shall have been held before the Borough Council to determine
just cause for such revocation. Notice of such hearing shall be given
in writing and served at least 10 days prior to the date of the hearing
thereon. The notice shall state the grounds of the complaint against
the holder of such license and shall designate the time and place
where such hearing will be had.
b.
The notice shall be served upon the license holder by delivering
the same personally or by leaving such notice at the place of business
or residence of the license holder in the custody of a person of suitable
age and discretion. In the event the license holder cannot be found
and the service of such notice cannot be otherwise made in the manner
herein provided, a copy of such notice shall be mailed, registered
postage fully prepaid, addressed to the license holder at his place
of business or residence, at least 10 days prior to the date of such
hearing.
[Ord. #10/7/77, § 1]
The license of a massage therapist may be revoked upon one or
more of the following grounds:
a.
That the licensee is guilty of fraud in the practice of massage or
fraud or deceit in his being licensed to the practice of massage.
b.
That the licensee has been convicted in a court of competent jurisdiction
of a felony. The conviction of a felony shall be the conviction of
any offense, which, if committed within this state, would constitute
a misdemeanor or high misdemeanor under the laws thereof.
c.
That the licensee is engaged in the practice of massage under a false
or assumed name, or is impersonating another practitioner of a like
or different name.
d.
That the licensee is addicted to the habitual use of intoxicating
liquors, narcotics or stimulants to such an extent as to incapacitate
such person for the performance of his or her professional duties.
e.
That the licensee is guilty of fraudulent, false, misleading or deceptive
advertising or that he or she prescribes medicines or drugs or practices
any other licensed profession without legal authority therefor.
f.
That the licensee is guilty of willful negligence in the practice
of massage or has been guilty of employing, allowing or permitting
any unregistered person to perform massage in his or her establishment.
g.
The licensee has violated any of the provisions of this section.
[Ord. #10/7/77, § 1]
The requirements of this section shall have no application and
no effect upon and shall not be construed as applying to physicians,
surgeons, chiropractors, osteopaths or any nurse working under the
supervision of a physician, surgeon, chiropractor or osteopath duly
licensed to practice the respective professions in this State. Practical
nurses or other persons without qualifications as massage therapists,
whether employed by physicians, surgeons, chiropractors or osteopaths
or not, may not render massage or massage procedures.
[Ord. #5/4/56]
It shall not be lawful for any person, firm or corporation to
install or operate any outdoor vending machine within the Borough
limits of the Borough without having first obtained a license from
the Borough Clerk to do so.
[Ord. #5/4/56]
The Borough Clerk is hereby authorized to issue any such license
upon the payment by the applicant of an annual fee of $200 per machine.
[Ord. #5/4/56]
Every such license shall remain in force and be valid for one
year, and shall apply only to the person, firm or corporation to whom
granted and shall not be transferable.
[Ord. #2014-10; repealed and replaced 12-6-2023 by Ord. No. 2023-14]
[Added 12-6-2023 by Ord. No. 2023-14]
a.
Purpose and intent.
1.
The purpose of this chapter is to:
(a)
Implement, within the jurisdictional boundaries of the Borough
of Beachwood and establish procedures pursuant to the New Jersey Pawnbroking
Law (N.J.S.A.45:22-2 et seq.);
(b)
Establish procedures for the licensing and operation of pawnbrokers
and dealers of secondhand goods, through the implementation of a standard
body of uniform policies and recordkeeping requirements to which each
business governed by this chapter shall abide;
(c)
Facilitate the prevention of fraud, impositions and other abuses
upon citizens of the Borough of Beachwood; and
(d)
Ensure the difficulty of disposing of stolen property and aid
in the recovery of stolen property.
2.
No person shall use, exercise or carry on the business, trade or
occupation of buying scrap gold, old gold, silver, jewelry, home electronics/audio
and visual equipment, musical instruments, telephones and telephonic
equipment, scales, computers, computer hardware and software, typewriters,
word processors, scanners, sporting goods of all kinds, antiques,
platinum, all other precious metals, tools of all kinds, televisions,
DVRs, GPS, camcorders, car stereos, gift cards, furniture, clothing
or other valuable articles, hereinafter referred to as "secondhand
goods or articles," or being a secondhand dealer within the Borough
of Beachwood without having first obtained a license from the Borough
of Beachwood Police as hereinafter provided.
b.
ACCEPTABLE IDENTIFICATION
ANTIQUE DEALER
ANTIQUE or ANTIQUES
ARTICLE
BUSINESS ENTITY
CHIEF OF POLICE
DATABASE
DEALER
DESIGNATED VENDOR
GARAGE SALE
GIFT CARD
LICENSEE
MINOR
PAWNBROKER
PAWNBROKING LAW
PERSON
PLEDGE
PLEDGOR
PRECIOUS METALS
PURCHASE
REPORTABLE TRANSACTION
SECONDHAND DEALER or DEALER IN SECONDHAND GOODS
1.
2.
3.
4.
(a)
(b)
(c)
TRANSIENT BUYER
Definitions. Words used in the present tense shall include the future,
words in the plural number shall include the singular number, and
words in the singular number shall include the plural number. The
word "shall" is always mandatory and not merely directory. As used
in this chapter, the following terms shall have the meanings indicated:
Acceptable forms of identification include: a current valid
New Jersey Driver's license or identification card, a current
valid photo driver's license issued by another U.S. state, a
valid United States Passport, or other verifiable U.S. Government-issued
identification.
Any person, partnership, firm, association or corporation,
other than a licensed pawnbroker or licensed secondhand dealer, having
a place of business in the Borough of Beachwood for the purpose of
purchasing, trading or dealing in antiques or primitives and who derives
75% of his or her gross sales from the sale of antiques or primitives.
One or more old and valuable art object or item no longer
in production that is at least 50 years old. As used in this chapter,
the terms "antique" or "antiques" shall also mean "primitives."
Any article of merchandise, including any portion of such
article, whether a distinct part thereof or not, including every part
thereof whether separable or not, and also including material for
manufacture. And as so defined in N.J.S.A. 51:6-1.
Any and all forms of business organization operating pursuant
to law, including but not limited to entities designated and/or operating
as a partnership, limited-liability company, corporation, "S" corporation,
association or firm. For purposes of this chapter, the term "business
entity" includes a foreign business or business formed under the laws
of another state which business is authorized by the State of New
Jersey Division of Revenue to conduct business within this state and,
at all times relevant to this chapter, is in good standing with the
New Jersey Division of Revenue. Foreign businesses include all forms
of business entity recognized in the foreign jurisdiction, including
any form of business entity not otherwise recognized by the laws of
the State of New Jersey, such as, without limitation, a limited-liability
partnership.
The Chief of Police of the Borough of Beachwood or his designee/representative.
A computerized internet-capable database with hardware and
software compliant to, accessible by, and acceptable to the Chief
of Police.
Any person, partnership, corporation, or other entity, whether
permanent or itinerant, who on one or more occasions (through any
means) buys or sells or otherwise exchanges or trades secondhand gold,
silver, precious metals, gems, or jewelry, and includes anyone advertising
the purchase or sale of any of the aforementioned items.
A person or entity who is appointed or designated by the
Chief of Police who is authorized to collect and maintain precious
metal transaction information or other purchase information as defined
herein, for the Borough of Beachwood.
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale," "flea market sale," "auction sale" or "yard
sale" or any similar casual sale of used tangible personal property
which is advertised by any means whereby the public at large is or
can be made aware of the sale.
A restricted monetary equivalent or script that is issued
by retailers or banks to be used as an alternative to a nonmonetary
gift.
Any person or business entity granted a license pursuant
to this chapter and/or granted a license by the Department of Banking
and Insurance in accordance with the Pawnbroking Law.
Any person under the age of 18 years.
Any person, partnership, association or corporation lending
money on deposit or pledge of personal property, other than chooses
in action, securities, or printed evidences of indebtedness; purchasing
personal property on condition of selling it back at a stipulated
price; or doing business as furniture storage warehouseman and lending
money on goods, wares, or merchandise pledged or deposited as collateral
security. For purposes of this chapter, the term "pawnbroker" shall
include any secondhand dealer who also operates as a pawnbroker or
undertakes any action or conduct which includes the business of a
pawnbroker as defined in the Pawnbroking Law.
The New Jersey statute and implementing regulations, N.J.S.A.
45:22-1 et seq. and N.J.A.C. 3:16-1.1 et seq., respectively, and any
and all amendments thereto, which govern and regulate pawn shop businesses
and pawnbrokers operating within the State of New Jersey.
Any individual which is not a business entity. For purposes
of this chapter, the term "person" shall also include an individual
operating a business as a sole proprietorship.
An article or articles deposited with a pawnbroker in the
course of business.
A person who delivers the pledge into the possession of a
pawnbroker, unless such person discloses that he is or was acting
for another, and in such an event, "pledgor" means the disclosed principal.
Comprised of gold, silver, sterling, platinum and/or their
alloys as defined in N.J.S.A. 51:5-1 et seq., N.J.S.A. 51:6-1 et seq.
and/or N.J.S.A. 51:6A-1 et seq.; gems, gemstones, coins and all forms
of jewelry herein contained.
The exchange of money and the exchange, deposit, pledge,
sale, conveyance or trade of any tangible or intangible article. Not
only the exchange of money for precious metals, but the exchange or
trading of any other tangible or intangible property for precious
metals.
Every transaction conducted by a dealer in which precious
metals, or other tangible property, are purchased or exchanged from
or with the public.
As used in this chapter, any person, partnership, corporation,
association, joint venture, trustee, court-appointed representative
or agent thereof which operates a business for profit which buys,
sells, possesses on consignment for sale or trades jewelry, stamps,
coins or any precious metals which may have been previously owned
by a consumer or which derives more than 35% of its gross receipts
from the sale, consignment for sale, pledge or trade of any goods,
wares or merchandise which have previously been owned by a consumer,
including but not limited to furniture, appliances, consumer electronic
goods, clothing, automobile accessories, books, magazines, athletic
cards and memorabilia or precious metals, whether in bulk or manufactured
state. The term "secondhand dealer" shall include businesses commonly
known as "pawnbrokers," "trading posts," "swap shop operators," "stamp
dealers," "coin dealers," "jewelers" and "auction houses" that purchase
and resell items from persons other than dealers and suppliers. The
fact that any business does any of the following acts shall be prima
facie proof that said business is a secondhand dealership:
Advertises in any fashion that it buys or sells secondhand or
used items. Such advertisements shall include, but are not limited
to, media advertisements, telephone listings, and signs, whether on
the exterior or interior of the business.
Devotes a significant segment or section of the business premises
to the purchase or sale of secondhand or used items.
Secondhand goods. Goods which have been previously owned, worn
or used by a consumer and/or that are not new. For purposes of this
chapter, the term "secondhand goods" shall include "secondhand watches,"
except where the context clearly indicates to the contrary.
Secondhand watches. A watch shall be deemed to be second-hand
if:
It as a whole or the case thereof or the movement thereof has
been previously sold to or acquired by any person who bought or acquired
the same for his use or the use of another, but not for resale; provided,
however, that a watch which has been so sold or acquired and is thereafter
returned either through an exchange or for credit to the original
individual, firm, partnership, association or corporation who sold
or passed title to such watch, shall not be deemed to be a secondhand
watch for the purposes of this chapter if such vendor shall keep a
written or printed record setting forth the name of the purchaser
thereof, the date of the sale or transfer thereof, and the serial
number (if any) on the case and the movement, and any other distinguishing
numbers or identification marks, which said record shall be kept for
at least five years from the date of such sale or transfer and shall
be open for inspection during all business hours by the Ocean County
Prosecutor or the prosecutor's duly appointed representative;
Its case, serial numbers or movement numbers or other distinguishing
numbers or identification marks shall be erased, defaced, removed,
altered or covered; or
If its movement is more than five years old and has been repaired
by any person or persons, including the vendor, notwithstanding that
it may have been returned either through an exchange or for credit
to said original vendor. Cleaning and oiling a watch movement or recasting
the movement in a new case shall not be deemed watch repair for the
purposes of this chapter.
A dealer who has not been in any retail business continuously
for at least six months at that address in the municipality where
the dealer is required to register or who intends to close out or
discontinue all retail business in the Borough of Beachwood within
six months. Or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1.
c.
Compliance with state and federal laws required.
1.
Any licensee operating as a pawnshop or pawnbroker shall comply with
all applicable state and federal laws and regulations that govern
the same. Specifically, businesses dealing in the purchasing of precious
metals will comply with the laws outlined in N.J.S.A. 51:6A-1.
2.
Notwithstanding anything in Chapter 4, (General Licensing,) to the contrary, except where otherwise stated in this chapter, the provisions of this chapter shall govern pawnbrokers, pawn-broking activities, dealers in secondhand goods and precious metal dealers with respect to the issuance, term, renewal and effect of licenses issued pursuant to this chapter and the violations and penalties set forth in this chapter. It is the express intent of the Borough of Beachwood that any conflict between this chapter and Chapter 4 of the Code of the Borough of Beachwood, entitled "General Licensing," be resolved in favor of this chapter.
[Added 12-6-2023 by Ord. No. 2023-14]
No person, either as owner, manager, lessee, officer or agent,
or in any other business, within the Borough of Beachwood, shall operate
or permit to operate as a pawnbroker/secondhand dealership without
first having obtained a license from the Borough of Beachwood to do
so. If an individual is deemed a pawnbroker or business deemed a pawn
shop, then a license from the Commissioner of Banking and Insurance
is required. [N.J.S.A. 45:22-21]
a.
Exemptions. The following are exempt from the requirements of this
chapter:
2.
Sales conducted by governmental, civic, patriotic, fraternal, educational,
religious or benevolent organizations which have been in active and
continuous existence for at least one year prior to the holding of
the sale or which are incorporated as a not-for-profit corporation
by the state.
3.
Sales or purchases which are regulated by the licensing laws of the
state, including automobile dealers, used parts dealers and automotive
parts recyclers.
4.
Antique dealers. As used in this section, an "antique dealer" is
defined as one who derives 75% of his gross sales each year from the
sale of antiques and/or primitives. As used in this section, an "antique"
or "primitive" is defined as an old and valuable art object or article
no longer in production that is at least 50 years old. As used in
this section, the term "sale" does not include an exchange, trade,
or swap of items.
b.
Application. An application for a license required shall be made
in writing to the Borough of Beachwood Borough Clerk, which shall
minimally set forth the following:
1.
The name of the individual, partnership, corporation or association
applying for a license;
2.
The residence, phone number, date of birth, driver's license
number, and social security number or federal tax identification number
of the applicant or partners or, if a corporation or association,
the residence, phone number and driver's license number of the
officers and all shareholders owning more than 5% of the outstanding
shares of stock;
3.
The location for which the license is requested;
4.
Whether the applicant, its partners, officers or listed shareholders
have been convicted of any criminal offense or ordinance violation
(other than traffic or parking offenses) in any jurisdiction and,
if so, a list of such convictions with date and prosecuting jurisdiction;
and
5.
Whether the applicant, its partners, officers or listed shareholders
have held a license or had an interest in a license issued by this
or any other jurisdiction regulating the purchase or sale of secondhand
property revoked for cause and, if so, list the date of revocation
and jurisdiction.
In the case of a pawnbroker, the applicant's name, address,
fingerprints and written consent for a criminal history record must
be forwarded to the Commissioner.
c.
Fees.
1.
Any pawnbroker or secondhand dealer shall, before engaging in business
within the Borough of Beachwood, apply for and secure a license to
engage in, conduct, and transact such a business, the fee for which
license shall be the sum of $300. The license shall be renewed each
year. Application for renewal of license shall be made to the Borough
Clerk on or before January 31 of each year, and shall be submitted
to the Borough Council for approval. The annual renewal fee shall
be $250. Should the license be denied, the license fee shall be refunded
to the applicant.
2.
Following the issuance of a license, the licensee shall secure the
acceptable database software system. Any software licensing fee shall
be paid by the licensee direct to the software provider, and shall
not be part of and is in addition to the license fee required by the
Borough of Beachwood.
d.
Issuance. The Borough Clerk shall issue the license requested unless
the Borough of Beachwood Borough Clerk shall find:
1.
The applicant is under the age of 18;
2.
The location requested is not in a permanent structure;
3.
The applicant, its partners, officers or listed shareholders have
been convicted of or have pleaded guilty to any offense related to
theft, burglary, or purchasing or receiving stolen items under the
laws of this state, Borough of Beachwood or any other jurisdiction
within the past 10 years, or have forfeited a bond to appear in court
to answer for charges for such offenses during said time;
4.
That the location requested and structure to be used would not comply
with all applicable laws, including the Zoning Code of the Borough
of Beachwood;
5.
That the applicant, its partners, officers or listed shareholders
have held a license or had an interest in a license issued by the
Borough of Beachwood or any other jurisdiction regulating the purchase
or sale of secondhand property which was revoked for cause; or
6.
That the applicant, its partners, officers or listed shareholders
have knowingly furnished false or misleading information or withheld
relevant information on any application for a license required by
this chapter or any investigation into any application.
e.
Posting. Every license issued under the provisions of this chapter
shall, at all times during the period for which it is effective, be
posted in a conspicuous place at or near the principal entrance to
the premises for which the license is issued.
f.
Revocation. Any license issued for a secondhand dealer may be revoked
or suspended for a period not to exceed 30 days by the Mayor and Council
if they shall find after hearing:
1.
That the licensee, its officers, agents or employees have violated
any of the provisions of this chapter, the laws of the state or ordinances
of the Borough of Beachwood in the operation of the business; or
2.
That the licensee, its partners, officers or shareholders have been
convicted of any offense set forth in this chapter; or
3.
That the licensee, partners, officers or shareholders have knowingly
furnished false or misleading information or withheld relevant information
on any application for a license required by this chapter or any investigation
into any application. The licensee shall be responsible for the acts
of its agents, servants and employees in the operation of the business.
Prior to holding a hearing concerning the question of whether a license
shall be revoked or suspended, the Mayor shall give at least 10 days'
written notice to the licensee setting forth the alleged violation.
The licensee may present evidence and cross-examine witnesses at such
hearing.
g.
False or misleading application. In addition to being subject to
penalty as hereinafter set forth, any person who obtains a license
as herein provided by furnishing the Borough of Beachwood with a false
or misleading application shall, upon the discovery thereof, suffer
an immediate revocation of such license and forfeiture of all fees
paid.
h.
Transfer. No license issued under this chapter may be transferred
to any other person, partnership, corporation or association.
i.
Change of location. No licensee shall carry on any business required
to be licensed under this chapter except at the location designated
on the license. Should the licensee wish to change the location, application
shall be made to the Borough of Beachwood Borough Clerk for such change
in writing.
[Added 12-6-2023 by Ord. No. 2023-14]
a.
Hours of operation. No licensee shall purchase any goods, wares,
articles or things, whatsoever, or lend any money to any person between
the hours of 11:00 p.m. (2300) and 7:00 a.m. (0700) the next day.
b.
Prohibited purchases. No licensee shall purchase or accept any goods,
wares, articles, or things under any of the following circumstances:
1.
Where the seller is less than the age of 18;
2.
A pawnbroker may not accept a pledge from any person who is under
the age of 16. [N.J.S.A. 45:22-31]
3.
Where the seller is intoxicated, "intoxicated" is defined as a seller
whose mental or physical functioning is substantially impaired as
a result of the use of alcohol or drugs.
4.
Where the seller fails to present a valid New Jersey driver's
license or at least two forms of identification of which at least
one contains the seller's full legal name, date of birth, a photograph
or full physical description, and an identification number.
5.
Where the article to be purchased had an original manufacturer's
serial number at the time it was new but no longer legibly exhibits
said number.
c.
Purchasing, selling, or displaying weapons prohibited. No licensee
shall deal in, buy or sell, or display in his shop any pistol, revolver,
Derringer, Bowie knife, dirk or other deadly weapon of like character,
capable of being secreted upon the person, unless such licensee shall
also possess valid and current licenses or permits as required by
applicable federal, state, or local laws, ordinances, rules or regulations.
d.
Pawnbrokers' and secondhand dealers' responsibilities and
requirements.
1.
Each pawnbroker or secondhand dealer within the Borough of Beachwood
shall, upon the purchase of any precious metals, or secondhand goods
from the public, be required to do as follows:
(a)
Each pawnbroker or secondhand dealer shall operate and maintain
a computer system with internet access and photographic or video capability
sufficient for the electronic reporting requirements of this chapter.
Any failure or malfunction of such equipment on the part of the licensee
shall not exempt the licensee from the below reporting requirements.
The licensee shall immediately notify the Police Department of any
such failure or malfunction, and shall have such resolved as soon
as practicable. Failure by the licensee to resolve any failure or
malfunction of equipment in a reasonable amount of time will lead
to license revocation.
(b)
Record on a numbered receipt the name, address and telephone
number of the purchaser; the name, address and telephone number of
the seller or sellers; the time and date of the transaction; the net
weight in terms of pounds Troy, pennyweight (Troy) or kilograms/grams
of the precious metals; and fineness in terms of karats for gold,
and sterling or coin for silver, in accordance with N.J.S.A. 51:5-1
et seq. and N.J.S.A. 51:6-1 et seq. This information is to be documented
through use of an electronic database software system as designated
by the Chief of Police. These records shall be subject to the inspection
of any authorized police officer of the Borough of Beachwood Police
Department.
(c)
Through the use of applicably required computer equipment, and
using the electronic format approved by the Chief of Police, enter
all transactions into the electronic database within 48 hours from
the date of purchase. The information contained in paragraph b above,
plus the following:
(1)
A physical description of the seller.
(2)
The receipt number.
(3)
A full description of the item or items purchased, including
but not limited to marks, numbers, dates, sizes, shapes, initials
and monograms.
(4)
The price paid for the item.
(5)
The form must be signed by the seller and initialed by the Clerk
who made the transaction.
2.
The precious metals are to be made available for inspection by the
Chief of Police of the Borough of Beachwood or his designated representative
for a period of 10 days from the date the information required above
is received by the Chief of Police or his designated representative,
on the approved form. The precious metals shall remain in the same
condition as when purchased and shall not be changed, modified, melted
or disposed of by the purchaser until the ten-day period has expired.
During this ten-day period, the precious metals shall be placed in
public view at the purchaser's place of business. If the property
is such that it would create a hardship on the pawnbroker by holding
the precious metals for such period, the pawnbroker may present the
property to the Chief of Police or his representative in order that
it may be photographed and, if deemed necessary by the Chief of Police
or his designated representative, an investigation be implemented.
The Chief of Police or his designated representative has the authority
to grant the pawnbroker a waiver of the requirement under this subsection.
3.
In addition to the information required to be reported above, each
pawnbroker or secondhand dealer doing business in the Borough of Beachwood
shall obtain a photographic image of a photo ID card of the seller,
sufficiently clear to allow the information on the ID to be read.
The photo ID must be currently valid (not expired) card issued by
a government entity of the United States, and must include the pawn/seller's
first and last name, current address, date of birth and physical descriptors.
In the event the card is valid but does not contain the seller's
current address, the licensee must separately record and report the
current address.
4.
Any property exchanged in a transaction shall be digitally photographed
and reported as required by the Chief of Police, unless such property
bears a valid and unique serial number that is permanently inscribed
on the property. It is unlawful to do business with persons failing
to supply required information.
5.
It is unlawful to receive or purchase in any manner any goods or
articles or make any advance or loan whatever on the same if the person
or persons pawning, pledging, depositing or selling the same shall
refuse to make known his, her, or their names, to submit to a general
description, or shall refuse to make known the name or names of the
person or persons for whom the same were pawned, pledged, deposited
or sold, or knowingly make any false entry of any matter or thing
required to be made in said book or cause or permit the same to be
made.
6.
Dealer payment to sellers in cash shall be limited to two transactions
during a seven-day period for the same seller. The seven-day period
will commence on the day of the first transaction and end seven days
after the transaction, i.e., if transaction #1 occurs on Monday, the
seven-day period ends on Sunday. Furthermore, no cash payments shall
be made to the same sellers who make more than five transactions in
any given thirty-day period. Sellers making transactions over the
number of proscribed weekly and monthly periods will be paid by the
dealer by means of a bank check drawn from the dealer's business
account.
7.
It shall be the requisite duty of every dealer, and of every person
in the dealer's employ, to admit to the premises during business
hours any member of the Borough of Beachwood Police Department to
examine any database, book, ledger, or any other record on the premises
relating to the purchase of precious metals from the public, as well
as the articles purchased or received, and to take possession of any
article known by the police officer or official to be missing or to
have been stolen, or where the officer or official has probable cause
to believe the article is missing or stolen.
e.
Nonapplicability. This chapter shall not apply to purchases made
by jewelers or other pawnbrokers from wholesalers or other suppliers,
but shall only apply to those purchases made from the public or other
retail purchases. The pawnbroker shall keep records of all wholesale
purchases for a period of six months from the date of such purchase,
which records shall be opened to investigation by the Borough of Beachwood
Police Department.
f.
Inspection of premises; seizures. Every licensee and every person
employed by the licensee in the conduct of business shall admit to
any and every part of the premises designated in the license, during
normal business hours, any law enforcement officer to examine any
goods, articles, things, pledges, pawns, or books or other records
on the premises dealing with purchase or sale of used property and
to search for and to take into possession without compensation to
the licensee any article known or for which such officer has reasonable
grounds to believe to have been stolen. Such law enforcement officer
may make any such search or seizure as is provided for in this paragraph
and property so seized shall be receipted for by such officer, who
shall fully describe the seized property and sign the receipt. Should
the officer determine the property not to be stolen, the officer shall
promptly return same to the licensee and obtain a receipt therefor,
as aforesaid. In the case of property obtained in the case of a domestic
theft, the victim shall make restitution for the amount paid to obtain
said property. Other restitution will be made by way of criminal complaints
against the seller of said items.
[Added 12-6-2023 by Ord. No. 2023-14]
a.
Secondhand watches to be clearly marked. Any person or business entity
engaged in the business of buying or selling watches, or any agent
or servant thereof, who may sell or exchange, or offer for sale or
exchange, expose for sale or exchange, possess with the intent to
sell or exchange, or display with the intent to sell or exchange any
secondhand watch, shall affix and keep affixed to the same a tag with
the word "secondhand" clearly and legibly written or printed thereon,
and the said tag shall be so placed that the word "secondhand" shall
be in plain sight at all times.
b.
Special invoice for secondhand watches.
1.
Any person or business entity engaged in the business of buying or
selling watches, or any agent or servant thereof, who may sell a secondhand
watch or in any other way pass title thereto, shall deliver to the
vendee a written invoice bearing the words "secondhand watch" in bold
letters, larger than any of the other written matter upon said invoice,
which invoice shall also set forth the following:
(a)
The name and address of the vendor;
(b)
The name and address of the vendee;
(c)
The date of the sale;
(d)
The name of the watch or its makers;
(e)
The serial numbers, if any; and
(f)
Any other distinguishing numbers or identification marks upon
its case and movement; or, if the serial numbers or other distinguishing
numbers or identification marks shall have been erased, defaced, removed,
altered or covered, the invoice shall so state.
2.
The vendor shall keep on file a duplicate of said invoice for at
least five years from the date of the sale thereof, which shall be
open to inspection during all business hours by the Ocean County Prosecutor
or his duly authorized representative.
c.
Advertising secondhand watches. Any pawnbroker, secondhand dealer
or other person or business entity or any agent thereof, who may advertise
or display in any manner a secondhand watch for sale or exchange,
shall state clearly in such advertisement or display that said watch
is a secondhand watch.
[Added 12-6-2023 by Ord. No. 2023-14]
Violation of any provision of this chapter shall, upon conviction
thereof, be punished by a minimum fine of $100 or a maximum of $1,000,
or by imprisonment for a term not exceeding 90 days, or by a period
of community service not exceeding 90 days. Each and every violation
shall be considered a separate violation. Every day that a violation
continues shall be a separate violation. Each violation shall result
in an additional ten-day suspension. Any person who is convicted of
violating the provisions of this chapter within one year of the date
of a previous violation and who was fined for the previous violation
may be sentenced by the court to an additional fee as a repeat offender.
The additional fine imposed as a repeat offender shall not be less
than the minimum or exceed the maximum fine provided herein, and same
shall be calculated separately from the fine imposed for the violation
of this chapter. For a third or subsequent violation under this chapter,
the mercantile license of said business may be revoked upon notification
by Mayor and Council.
[Added 12-6-2023 by Ord. No. 2023-14]
This chapter shall be in full force and effect from and after
its adoption and any publication as may be required by law.
[New]
[Ord. #88-4, § 1]
The purpose of this section is to implement the provisions of
P.L. 1987, Chapter 174 to require any individual license or permit
holder owning real property to bring up-to-date any overdue real property
taxes in order to receive the reissuance of a license or permit. Additionally,
this section shall provide for the revocation of any license or permit
in accordance with the provisions of said Chapter 174.
[Ord. #88-4, § 2]
Prior to the issuance or renewal of any license or permit as
set forth in the Code of the Borough of Beachwood the applicant, if
he is the owner of the real property where the business or activity
for which the license or permit is sought or wherein the business
or activity is to be conducted shall be required to pay any and all
delinquent real estate taxes upon said property.
[Ord. #88-4, § 3]
The owner of said real property upon which said business or
activity is located shall have his or her license or permit revoked
in the event that said individual, corporation or partnership has
failed to pay the taxes due on the property for at least three consecutive
quarters. Upon payment of the delinquent taxes or assessments, the
license or permit shall be restored.
[Ord. #88-4, § 4]
This section shall not apply to New Jersey alcoholic beverage
licenses or permits issued pursuant to the "Alcoholic Beverage Control
Act," R.S. 33:1-1 et seq.
[Ord. #93-08, § 1]
a.
The uncontrolled placement of newsracks in public rights-of-way presents
an inconvenience and danger to the safety and welfare of persons using
such right-of-way, including pedestrians, persons entering and leaving
vehicles and buildings, and persons performing essential utility,
traffic control and emergency services.
b.
Newsracks so located cause an inconvenience or danger to persons
using public rights-of-way and unsightly newsracks located therein
constitute public nuisances.
c.
The provisions and prohibitions hereinafter contained and enacted
are in pursuance of and for the purpose of securing and promoting
the public health and general welfare of persons in the Borough of
Beachwood in their use of public rights-of-way.
[Ord. #93-18, § 2]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the person responsible for placing and maintaining
a newsrack in a public right-of-way.
Shall mean any self-service or coin-operated box, container,
storage unit or other dispenser installed, used or maintained for
the display and sale of newspapers or other news periodicals.
Shall mean that area between the sidewalks and the curb of
any street, and where there is no sidewalk, that area between the
edge of the roadway and property line adjacent thereto. Parkway shall
also include any area within a roadway which is not open to vehicular
travel.
Shall mean that portion of a street improved, designed or
ordinarily used for vehicular travel.
Shall mean any surface provided for the exclusive use of
pedestrians.
Shall mean all that area dedicated to public use for public
street purposes and shall include, but not be limited to, roadways,
parkways, alleys and sidewalks.
It shall be unlawful for any person, firm or corporation to
erect, place, maintain or operate on any public street or sidewalk,
or in any other public way or place in the Borough of Beachwood any
newsrack without first having obtained a permit from the Borough of
Beachwood, specifying the exact location of such rack(s). One permit
may be issued to include any number of newsracks and shall be signed
by the applicant.
Application for such permit shall be made, in writing, to the
Borough of Beachwood upon such form as shall be provided, and shall
contain the name and address of the applicant, the proposed specific
location of said newsrack and shall be signed by the applicant.
a.
As an express condition of the acceptance of such permit, the permittee
thereby areas to indemnify and save harmless the Borough of Beachwood,
its officers, directors and employees against any loss or liability
or damage, including expenses and costs for bodily or personal injury
and for property damage sustained by any person as the result of the
installation, use or maintenance of a newsrack within the Borough
of Beachwood.
b.
Permits shall be issued for the installation of a newsrack or newsracks
without prior inspection of the location, but such newsrack or newsracks
and the installation, use or maintenance thereof shall be conditioned
upon observance of the provisions of this ordinance and such reasonable
rules and regulations as may be established by the Borough of Beachwood.
Permits shall be issued within 72 hours after the application has
been filed. An annual permit fee of $50 per newsrack is required.
[Ord. #93-08, § 6]
a.
No newsrack shall exceed five (5') feet in height, thirty (30") inches
in width or two (2') feet in thickness.
b.
No newsrack shall be used for advertising signs or publicity purposes
other than that dealing with the display, sale or purchase of the
newspaper or news periodical sold therein.
c.
Each newsrack shall be equipped with a coin-return mechanism to permit
a person using the machine to secure an immediate refund in the event
he is unable to receive the publication paid for. The coin-return
mechanisms shall be maintained in good working order.
d.
Each newsrack shall have affixed to it, in a readily visible place
so as to be seen by anyone using the newsrack a notice setting forth
the name and address of the distributor and the telephone number of
a working telephone service to call to report a malfunction of the
coin-return mechanism.
e.
Each newsrack shall be maintained in a neat and clean condition and
in good repair at all times. Specifically, but without limiting the
generality of the foregoing, each newsrack shall be serviced and maintained
so that;
1.
It is reasonably free of dirt and grease.
2.
It is reasonably free of chipped, faded, peeling and cracked paint
in the visible painted areas thereof.
3.
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon.
4.
The clear plastic or glass parts thereof, if any, through which the
publications therein are viewed are unbroken and reasonably free of
cracks, dents, blemishes and discoloration.
5.
The paper or cardboard parts or inserts thereof are reasonably free
of tears, peeling or fading.
6.
The structural parts thereof are not broken or unduly misshapen.
[Ord. #93-08, § 7]
Any newsrack which rests in whole or in part upon or on any
portion of a public right-of-way shall be located in accordance with
the provisions of this section.
a.
No newsrack shall be used or maintained which projects onto, into
or over any part of the roadway of any public street, or which rests,
wholly or in part upon, along, or over any portion of the roadway
of any public street.
b.
No newsrack shall be permitted to rest upon, in or over any public
sidewalk or parkway, when such installation, use or maintenance endangers
the safety of persons or property, or when such site or location is
used for public utility purposes, public transportation purposes or
other governmental use, or when such newsrack unreasonably interferes
with or impedes the flow of pedestrian or vehicular traffic, including
any legally marked or stopped vehicle, the ingress into or egress
from any residence or place of business or the use of poles, posts,
traffic signs or signals, hydrants, mailboxes or other objects permitted
at or near said location.
c.
No newsrack shall be chained, bolted, anchored to the ground or otherwise
attached to any fixture located in the public right-of-way, except
to other newsracks.
d.
Newsracks may be placed next to each other provided that no group
of newsracks shall extend for a distance of more than eight (8') feet
along a curb and a space of not less than three (3') feet shall separate
each group of newsracks.
e.
No newsrack shall be placed, installed, used or maintained:
1.
Within five (5') feet of any marked crosswalk.
2.
Within twelve (12') feet of the curb return of any unmarked crosswalk.
3.
Within ten (10') feet of any fire hydrant, fire call box, police
call box or other emergency facility.
4.
Within five (5') feet of any driveway.
5.
Within three (3') feet ahead or fifteen (15') feet to the rear of
any sign marking a designated bus stop.
6.
Within three (3') feet of the outer end of any bus bench.
7.
At any location whereby the clear space for the passageway of pedestrians
is reduced to less than six (6') feet.
8.
Within three (3') feet of or on any public areas improved with lawn,
flowers, shrubs, trees or other landscaping.
9.
Within one hundred (100') feet of any other newsracks on the same
side of the street in the same block containing the same issue or
edition of the same publication.
[Ord. #93-08, § 8]
Upon determination by the Borough that a newsrack has been installed, used or maintained in violation of the provisions of this section, an order to correct the offending condition will be issued to the distributor of the newsrack. Such order shall be telephoned to the distributor and confirmed by mailing a copy of the order by certified mail, return receipt requested. The order shall specifically describe the offending condition and suggest actions necessary to correct the condition. Failure to properly correct the offending condition within three days (excluding Saturdays, Sundays and legal holidays) after the mailing date of the order shall result in the offending newsrack being summarily removed and processed as unclaimed property. If the offending newsrack is not properly identified as to its owner under provisions of subsection 4-10.6 hereof, it shall be removed immediately and processed as unclaimed property. The Borough shall cause inspection to be made of the corrected condition or of a newsrack reinstalled after removal under this section. The distributor of said newsrack shall be charged an inspection fee of $10 for each newsrack so inspected, which charge shall be in addition to all other fees and charges required under this section.
[Ord. #93-08, § 9]
In addition to the enforcement procedures provision in subsection 4-10.8 of this section, it shall be within the power and discretion of the Borough of Beachwood Code Enforcement Officer to suspend or revoke the permit for continued or repeated violations or infractions of any provision of this section or any rule, direction or regulation of the Borough of Beachwood. Suspension or revocation shall be mandatory for the third offense against subsection 4-10.8 of this section.
[Ord. 93-08, § 10]
"Borough of Beachwood" as used in this section shall include
the Beachwood Police Department, Borough Clerk, Code Enforcement Officer
and/ or Director of Public Works.
[Ord. #93-08, § 11]
In the event that a newsrack remains empty for a period of 30
continuous days, the same shall be deemed abandoned, and may be treated
in the manner as provided in Section 8 for newsracks in violation
of the provisions of this section.
[Ord. #96-02, § 1; Ord. #2009-13, § 1]
The purpose of the within section is to establish an exemption
from local licensing fees for Beachwood nonprofit organizations in
recognition of the services provided to our Borough by those organizations.
It is further the purpose of the within Section to officially adopt
the New Jersey Raffles Licensing Law and to further authorize the
Borough Clerk to issue said licenses upon the completion of all required
procedures pursuant to said Raffles Licensing Law and the Administrative
Code implementing same.
[Ord. #96-02, § 2]
In accordance with the provisions of N.J.A.C. 13:47-4.10(c),
the Borough of Beachwood hereby exempts all Beachwood nonprofit volunteer
organizations from the payment of any municipal licensing fee to the
Borough of Beachwood in connection with raffle licenses and bingo
licenses. This shall have no effect on the required State licensing
fees as provided by statute and appropriate administrative regulation.
[Ord. #2009-13, § 2]
Pursuant to N.J.A.C. 13:47-8.2 the Borough hereby adopts the
New Jersey Raffles Licensing Law and its applicable Administrative
Codes.
[Ord. #2009-13, § 2]
The Borough Clerk is hereby authorized to issue a raffles or
bingo license on behalf of the Borough of Beachwood upon completion
of all administrative and statutory requirements.
[Ord. #2011-08]
The following words and terms, when used in this section, shall
have the following meanings, unless the context clearly indicates
otherwise:
Shall mean the public schools, public school organizations,
including but not limited to the Parent-Teacher Organizations, Music
Parents Association and Garnet Gull Booster Association, and the volunteer
First Aid Squad and Fire Companies.
Shall mean a permit issued by the Department pursuant N.J.A.C.
16:401.1 et seq.
Shall mean the State Department of Transportation.
Shall mean the public right-of-way whether open or improved
or not, including all existing factors or improvements.
Shall mean State highway property and property rights, including
easements, owned and controlled by the Department.
Shall mean the permit issued by the Borough of Beachwood
pursuant to this section.
Shall mean the portion of the roadway that lies between the
edge of the traveled way and curbline, excluding auxiliary lanes.
Shall mean a road owned, taken over, controlled, built, maintained,
or otherwise under the jurisdiction of the Department.
Shall mean the portion of the roadway provided for the movement
of vehicles, exclusive of shoulders and auxiliary lanes.
[Ord. #2011-08]
a.
Pursuant to N.J.S.A. 39:4-60 and N.J.A.C. 16:40-1.1, authorized charitable
organizations are hereby permitted to solicit contributions in the
right-of-way of a highway located within the Borough, subject to the
provisions and restrictions contained in this section.
b.
The within authorization is subject to the regulations promulgated
by the Department in consultation with the Division of Highway Traffic
Safety, as set forth in N.J.A.C. 16:40-1.1 to 11.1.
c.
Under no circumstances may an authorized charitable organization
conduct a roadway charitable solicitation without first having obtained
a permit from the Chief of Police.
[Ord. #2011-08]
a.
An authorized charitable organization seeking issuance of a roadway
solicitation permit shall file an application with the Chief of Police
on forms provided by the Chief of Police.
1.
An application for a roadway solicitation permit shall be filed with
the Chief of Police not less than seven days before the date upon
which it is proposed to conduct such roadway solicitation.
2.
Contents of roadway solicitation permit. The application for a roadway
solicitation permit shall set forth the following information:
(a)
Name, address and telephone number of the authorized charitable
organization seeking to conduct a roadway charitable solicitation.
(b)
Date and times upon which roadway solicitation is proposed.
(c)
Method of roadway charitable solicitation (i.e., coin toss using
blankets).
(d)
Specific location or locations of proposed roadway charitable
solicitation.
(e)
Contact person for the authorized charitable organization.
(f)
Names of the persons (solicitors) conducting the roadway charitable
solicitations on behalf of the authorized charitable organization
at each proposed location.
(g)
Any additional information which the Chief of Police shall find
reasonably necessary for the fair determination as to whether a permit
should be issued.
b.
If the proposed roadway charitable solicitation is to be conducted
upon any County highway or intersection, the authorized charitable
organization must submit evidence of approval by the Ocean County
Board of Freeholders pursuant to N.J.S.A. 39:4-60.
c.
If the proposed charitable solicitation is to be conducted upon any
State highway or intersection, the authorized charitable organization
must submit evidence of approval in the form of a charitable solicitation
permit received from the Department under N.J.A.C. 16:40-1.1 et seq.
1.
The Chief of Police is hereby authorized to sign the charitable solicitation
permit on behalf of the Borough.
2.
The Chief of Police has been consulted and shall be responsible for
supervising the solicitation and enforcing the terms of the charitable
solicitation permit.
3.
The roadway solicitation permit issued by the Borough and the charitable
solicitation permit issued by the Department shall be in the possession
of the solicitor for the authorized charitable organization during
all times of solicitation and be available for inspection by the State,
County and Beachwood police enforcement personnel.
[Ord. #2011-08]
a.
Solicitation of contributions is prohibited along traffic circles
or highway segments determined to be inappropriate in the interest
of public safety.
b.
Solicitation is permitted only at signalized intersections or when
the existing traffic control device causes temporary interruption
in the flow of normal traffic, such as at the opening of a movable
bridge.
c.
Borough Police may suspend solicitation operations at any time if
any condition of either permit is violated or if, in a police officer's
sole discretion, traffic is being impeded or delayed or the public
safety is at risk.
d.
Solicitation shall be subject to the specific terms and conditions
of each permit granted.
e.
Solicitation shall not stop traffic or impede the flow of traffic.
Traffic shall already be stopped before solicitation may occur and
shall cease while traffic is moving. Use of a flag person shall be
prohibited.
f.
The authorized charitable organization shall be responsible for cleaning
up any debris from the roadway.
g.
Solicitation shall only be permitted during daylight hours.
h.
Solicitors shall not drink alcoholic beverages, use drugs, or be
under the influence of drugs or alcohol when soliciting. Solicitors
shall not harass the public.
i.
Each person soliciting charitable contributions on behalf of the
authorized charitable organization shall be at least 18 years of age.
[Ord. #2011-08]
a.
All solicitors shall wear safety vests that are in accordance with
Department standards.
b.
Parking of vehicles shall comply with applicable traffic regulations.
Off-site parking is recommended.
c.
Coin tosses using blankets located off the traveled way are the preferred
method of solicitation.
d.
The solicitors shall not install any traffic control devices.
[Ord. #2011-08]
a.
Signs advertising the roadway solicitation are permitted but they
must be of temporary construction and break-away to the extent possible.
b.
Signage shall be a maximum of 16 square feet.
c.
Signage shall be in accordance with the temporary signage standards
contained in the Manual on Uniform Traffic Control Devices.
e.
Signs shall not be permitted in the traveled way or medians less
than eight (8') feet in width.
f.
All signs warning, noticing or advertising solicitations shall be
removed immediately following the solicitation event.
[Ord. #2011-08]
Any person guilty of violating a provision of this section shall
be liable for a fine not to exceed $100.000 per each day of such violation.
[Added 11-13-2023 by Ord. No. 2023-13]
[Added 11-13-2023 by Ord. No. 2023-13]
As used in this chapter, the following terms shall have the
meanings indicated:
The taking of still or motion pictures either on film or
videotape or similar recording medium, for commercial or educational
purposes intended for viewing on television, in theaters or for institutional
uses. The provision so of this chapter shall not be deemed to include
the "filming" of news stories within the municipality.
Any film which is financed and/or distributed by a major
motion picture studio, including but not limited to the following:
Universal Pictures.
Warner brothers, including New Line Cinema, Castle Rock Cinema,
Village Road Show and Bel-Aire.
Paramount, including MTV Films and Nickelodeon Movie.
20th Center Fox, including Fox Searchlight.
Sony/Columbia.
Disney/Miramax.
MGM/United Artists.
Dreamworks.
Any major streaming services, such as Netflix, Hulu or Amazon
Prime Video.
Any film for which the budget is at least $5,000,000.
Recurrent weekly television series programming.
Any and every public street, highway, sidewalk, square, public
park or playground or any other public place within the municipality
which is within the jurisdiction and control of the municipality.
[Added 11-13-2023 by Ord. No. 2023-13]
a.
No person or organization shall film or permit filming on public
or on private property where such filming involves the use of public
property for the operation, placement or temporary storage of vehicles
or equipment utilized in such filming, including, but not limited
to, any temporary structure, barricade or device intended to restrict
or block off pedestrian or vehicular traffic, without first having
obtained a permit from the office of the Municipal Clerk, which permit
shall set forth the approved location of such filming and the approved
duration of such filming by specific reference to day or dates. Said
permit must be readily available for inspection by the Borough officials
at all times at the site of filming.
b.
All permits shall be applied for and obtained from the office of the Municipal Clerk during normal business hours. Applications for such permits shall be in a form approved by the Municipal Clerk and be accompanied by a permit fee in the amount established by this section in subsection 4-13.10 herein.
c.
If a permit is issued and, due to inclement weather or other good
cause, filming does not in fact take place on the dates specified,
the Municipal Clerk may, at the request of the applicant, issue a
new permit for filming on other dates subject to full compliance with
all other provisions of this chapter. No additional fee shall be paid
for this permit.
[Added 11-13-2023 by Ord. No. 2023-13]
a.
No permits will be issued by the Municipal Clerk unless applied for
prior to three days before the requested shooting date; provided,
however, that the Borough Council, may waive the three-day period
if, in their judgement, the applicant has obtained all related approvals
and adjacent property owners or tenants do not need to be notified.
b.
No permit shall be issued for filming upon public lands unless the
applicant shall provide the municipality with satisfactory proof of
the following:
2.
An agreement, in writing, whereby the applicant agrees to indemnify
and save harmless the municipality from any and all liability, expense,
claim or damages resulting from the use of public lands.
3.
The hiring of a police officer for the times indicated on the permit
shall be authorized by the Borough Police Chief and shall be directed
to the Police Department's service provider, Extra Duty Solutions.
c.
The holder of the permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
public lands and shall comply with all lawful directives issued by
the Police Department with respect thereto.
[Added 11-13-2023 by Ord. No. 2023-13]
a.
The holder of a permit shall conduct filming in such a manner as
to minimize the inconvenience or discomfort to adjoining property
owners attributable to such filming and shall, to the extent practicable,
abate noise and park vehicles associated with such filming off the
public streets.
b.
The holder shall avoid any interference with previously scheduled
activities upon public lands and limit, to the extent possible, any
interference with normal public activity on such public lands. Where
the applicant's production activity, by reason of location or
otherwise, will directly involve and/or affect any businesses, merchants
or residents, these parties shall be given written notice of the filming
at least three days prior to the requested shooting date and be informed
that objections may be filed with the Municipal Clerk, said objections
to form a part of the applicant's application and be considered
in the review of the same. Proof of service of notification to adjacent
owners shall be submitted to the Municipal Clerk within two days of
the requested shooting date.
[Added 11-13-2023 by Ord. No. 2023-13]
a.
The Borough Council may refuse to issued a permit whenever it is
determined, on the basis of objective facts and after a review of
the application and a report thereon by the Police Department and
by any other Borough departments involved with the proposed filming
site, that filming at the location and/or the time set forth in the
application would violate any law or ordinance or would unreasonably
interfere with the use and enjoyment of adjoining properties, unreasonably
impede the free flow of vehicular or pedestrian traffic or otherwise
endanger the public's health, safety or welfare.
b.
Further, the Borough reserves the right to require one or more on-site
patrolmen in situations where the proposed production may impede the
proper flow of traffic, the cost of said patrolmen to be borne by
the applicant as a cost of production. Where existing electrical power
lines are to be utilized by the production, an on-site licensed electrician
may be similarly required if the production company does not have
a licensed electrician on staff.
[Added 11-13-2023 by Ord. No. 2023-13]
a.
Any person aggrieved by a decision of the Borough Council denying
or revoking a permit or a person requesting relief may appeal to the
Borough Council. A written notice of appeal setting forth the reasons
for the appeal shall be filed with the Municipal Clerk for review
of the Borough Council.
b.
An appeal from the decision of the Borough Council shall be filed
within 10 days of the Council's decision. The Borough Council
shall set the matter down for a hearing within 30 days of the day
on which the notice of appeal was filed. The decision of the Borough
Council shall be in the form of a resolution supporting the decision
of the Council at the first regularly scheduled public meeting of
the Council after the hearing on the appeal, unless the appellant
agrees in writing to a later date for the decision. If such a resolution
is not adopted within the time required, the decision of the Council
shall be deemed to be reversed, and a permit shall be issued in conformity
with the application or the relief shall be deemed denied.
[Added 11-13-2023 by Ord. No. 2023-13]
a.
The Borough Council may authorize a waiver of any of the requirements,
provisions or restrictions of this section if the Council determines
that a waiver thereof may be granted without endangering the public
health, safety and welfare. In determining whether to issue a waiver,
the Council shall consider the following factors:
1.
Potential traffic congestion at the location.
2.
The applicant's ability to remove the applicant's vehicles
and equipment from the public streets or other public property.
3.
The extent to which the applicant is requesting restrictions on the
use of public streets or public parking facilities during filming.
4.
The extent to which the filming may affect adjoining and nearby property
owners and occupants.
5.
The nature of filming, including whether filming will take place
indoors or outdoors, and the proposed hours of filming.
6.
The Borough's experience with the applicant, if any.
[Added 11-13-2023 by Ord. No. 2023-13]
Copies of the approved permit will be sent to the Police and
Fire Departments before filming takes place to the New Jersey Film
Commission. The applicant shall permit the Fire Prevention Bureau
or other Borough inspectors to inspect the site and the equipment
to be used, if deemed necessary. The applicant shall comply with all
safety instruction issued by the Fire Prevention Bureau or other Borough
inspectors.
[Added 11-13-2023 by Ord. No. 2023-13]
In addition to other fees or costs mentioned in this chapter,
the applicant shall reimburse the Borough for any lost revenue, such
as parking meter revenue, repairs to public property or other revenues
that the Borough was prevented from earning because of filming.
[Added 11-13-2023 by Ord. No. 2023-13]
The schedule of fees for the issuance of permits authorized
by this chapter are as follows:
a.
Basic filming permit: $100. Where an applicant requests a waiver
of the provision of subsection 4-13.3.a requiring expedited processing
of a permit application within 24 hours of the filming date, the basic
filming permit fee for processing the application on an expedited
basis shall be $150.
b.
Daily filming fee payable in addition to the basic filming permit
when filming entirely on public property: $200 per day.
c.
Daily filming fee payable for major motion picture when filming entirely
on public property: $1,000.
d.
Filming permit for nonprofit applicants filming for education purposes,
including student films (no daily rate required): $25.
e.
Filming on private property: no daily filming fee will be imposed.
[Added 11-13-2023 by Ord. No. 2023-13]
Any person who violates any provision of this section shall,
upon conviction thereof, be punished by a fine not exceeding $2,000,
imprisonment in the county/municipal jail for a term not exceeding
90 days, or a period of community service not exceeding 90 days, or
any combination thereof as determined by a Municipal Court Judge.
Each day on which a violation of an ordinance exists shall be considered
a separate and distinct violation and shall be subject to imposition
of a separate penalty for each of the violation as the Municipal Court
Judge may determine.
[Added 11-13-2023 by Ord. No. 2023-13]
This section shall be in full force and effect from and after
its adoption and any publication as may be required by law.
