It is the purpose of this chapter to establish rules and regulations regarding the licensing and requirements that are applicable to limousine/livery services. The scope of this chapter is limited to limousine/livery services, and the Borough Council has determined not to issue any autobus/taxi licenses as they are defined in N.J.S.A. 48:16-1.
[HISTORY: Adopted by the Borough Council of the Borough of Glen Rock 4-22-1974 as part of Ord. No. 792 (Ch. XI of the 1971 Revised General Ordinances); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Any individual authorized by a limousine or livery service to operate a limousine authorized under this chapter.
Includes any automobile or motor car used in the business of carrying passengers for hire to provide prearranged passenger transportation at a premium fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular route and with a seating capacity of no more than 14 passengers, not including the driver, provided, that such a vehicle is certified by the manufacturer of the original vehicle and second-stage manufacturer, if applicable, to conform to all applicable Federal Motor Vehicle Safety Standards promulgated by the United States Department of Transportation pursuant to 49 CFR Part 571 (49 CFR 571.1 et seq.) and 49 CFR Part 567 (49 CFR 567.1 et seq.). In addition, a "Vehicle Emission Control Information" label, which contains the name and trademark of the manufacturer and an unconditional statement of compliance with the emission requirements of the Environmental Protection Agency, shall be present on the vehicle. Nothing in this chapter contained shall be construed to include taxicabs, hotel buses, buses employed solely in transporting school children or teachers, senior shuttle buses operated by any government agency, vehicles owned and operated directly or indirectly by businesses engaged in the practice of mortuary science when those vehicles are used exclusively for providing transportation related to the provision of funeral services, autobuses which are subject to the jurisdiction of the Department of Transportation, or interstate autobuses required by federal or state law or regulations of the Department of Transportation to carry insurance against loss from liability imposed by law on account of bodily injury or death.
Includes the business of carrying passengers for hire by limousines.
Includes any individual, copartnership, association, corporation or joint-stock company, their lessees, trustees or receivers appointed by any court whatsoever.
In reference to a municipality, the location of the main place of business of the limousine service in the municipality where limousine service is conducted, where limousines are dispatched, or where limousine drivers report for duty.
Includes any street, avenue, park, parkway, highway, or other public place.
A limousine/livery service license, as authorized by this chapter, shall entitle the holder of said license to operate one limousine/livery service. More than one license may be issued to one applicant, provided that each limousine/livery service will be in actual use during the licensed year.
No owner of a limousine/livery service or other person having direction or control of a limousine/livery service shall operate it or permit it to be operated as a vehicle for hire or for transporting passengers for compensation upon the streets of the Borough of Glen Rock unless a limousine/livery service license has first been issued for said vehicle by the Clerk of the Borough of Glen Rock. The requirements of this section shall not apply to a limousine/livery service duly licensed by another municipality while such limousine/livery service is being operated in the Borough of Glen Rock solely in response to a call to pick up a passenger or passengers or for the purpose of delivering to a destination or destinations within the Borough. No limousine/livery service shall be permitted to cruise in the municipality for the purpose of engaging passengers.
Every person applying for a limousine/livery service license or a renewal or transfer thereof must be at least 21 years of age. If a corporation, such corporation must be organized and existing under the laws of the State of New Jersey and shall maintain a principal place of business in the Borough of Glen Rock. In the event the corporation is not incorporated under the State of New Jersey, then said corporation must submit proof that it is authorized to transact business in the State of New Jersey. The application for a license shall be filed with the Borough Clerk upon forms provided by the Borough Clerk. It shall be verified under oath and shall include, but not limited to, the following information:
A.
Name, address and age of the applicant. If the applicant is a partnership, the names and addresses of the partners and their respective interests in the partnership shall be given, and, if a corporation, the names and addresses of all officers, directors and stockholders shall be given.
B.
The year, vehicle identification number, make, model and color of the vehicle or vehicles to be licensed, with a photocopy of the vehicle registration to be included.
C.
A photocopy of the Driver's License for each authorized driver/operator.
D.
A digital photograph of each authorized driver/operator. One photo to be attached to the permit issued by the Borough Clerk and the other shall be filed with the application in the Clerk's Office.
E.
The passenger capacity of the vehicle or vehicles (not including the driver's seat).
F.
The criminal record, if any, of the applicant, and if the applicant is a corporation, partnership or incorporated association, the criminal record, if any, of each person participating in the ownership, management or as a driver/operator, or otherwise.
G.
Trade name, address and phone number of the principal place of business within the Borough of Glen Rock, business phone number and email address.
No limousine service whose principal place of business is in the Borough of Glen Rock shall be operated wholly or partly along any street in Glen Rock until the owner of the limousine shall have filed with the Borough Clerk an insurance policy, from an insurance company duly licensed to transact business under the insurance laws of the state, in the sum of $1,500,000. This policy shall protect against loss by reason of liability imposed by law upon every limousine owner for damages on account of bodily injury or death suffered by any person as the result of an accident occurring by reason of the ownership, maintenance or use of the limousine service upon any public street.
Limousine/livery service applicants shall comply with the provisions of N.J.S.A. 48:16-13 through N.J.S.A. 48:16-22.7. After a limousine/livery service license is issued, the holder thereof shall be required to continue to comply with said statutory provisions of the State of New Jersey.
The Borough Clerk will forward to the Chief of Police, or a police officer designated by the Chief of Police, the application and all supporting documents for review and inspection, which will require the following:
A.
An investigation to ascertain the truth of the statements made by the applicant and any such other investigation of the applicant's business and background as the Chief or Chief's designee deems necessary for the protection of the public good. This to include, but not be limited to, in-house law enforcement records, civil databases, public and internet search and any other available information.
B.
The applicant and all authorized drivers/operators shall submit to have their fingerprints taken at a private fingerprinting service such as IdentGo or similar agency under contract with the State of New Jersey that is capable of returning a NJ State criminal history. The applicant will be responsible for any associated fees.
C.
The applicant is also required to apply for and provide a certified driving abstract from the New Jersey Motor Vehicle Commission (NJ MVC). NJ MVC form will be provided by the police department to be filled out and submitted by the applicant. The applicant will be responsible for any NJ MVC fees.
D.
Initial inspection. Before any limousine is authorized to operate under this chapter, it shall be inspected by the Chief of Police, or a police officer designated by the Chief of Police, to ascertain that it is in a safe, clean and sanitary condition and contains all safety devices required by law.
E.
Reinspection. All limousines shall be reinspected annually. Any police officer may inspect any limousine at any reasonable time to determine if it is clean, sanitary and in a safe and proper operating condition.
F.
Failure to pass inspection. Any limousine which fails to pass inspection shall be immediately taken out of service and shall not be operated again within the Borough until the defects which led to rejection are corrected. In the case of minor defects which do not constitute an immediate danger to the health or safety of the public, such limousine may continue to operate for a period of one week, at the end of which time it shall be reinspected. If at this time the defect has not been corrected, the limousine shall immediately be taken out of service and shall remain out of service until the defect is corrected.
G.
The limousine inspection will be conducted in accordance with a limousine license inspection checklist approved by the Chief of Police.
The Borough Clerk shall cause to be issued a Limousine License to those qualified to receive a license in accordance with the provisions of this chapter. Each licensed driver/operator shall at all times have openly and conspicuously exhibit in the cab their license and photograph.
A.
A limousine/livery service license shall entitle the limousine/livery service therein described to be operated in the Borough of Glen Rock until the said license either expires or is surrendered, suspended, revoked or vehicle insurance expires, and it shall be transferable only with the approval of the Borough Clerk.
B.
Any license issued pursuant to the terms of this chapter shall expire at 12:00 midnight of the 31st day of March of the year next succeeding the year in which it was issued, unless sooner surrendered, suspended, revoked or due to expiration of insurance.
A.
A license applicant or holder denied under this chapter or subject to suspension or revocation for violating any applicable provision of the laws of the State of New Jersey and/or of this chapter shall have the right of appeal to the Mayor and Council. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action, a written statement setting forth fully the grounds for the appeal.
B.
The Council shall set a time and place for hearing of such appeal and notice of such hearing shall be given to the appellant.
C.
The decision and order of the Council on such appeal shall be final and conclusive.
A.
Fees as provided in Chapter 101, Fees, shall be paid to the Borough of Glen Rock at the time any license required by this chapter is applied for.
B.
No fee shall be refunded because the license applied for is denied, suspended or revoked.
C.
Applications for renewal licenses shall be filed not later than March 1.
Any person found guilty of violating this chapter shall be subject to a penalty consisting of a fine or imprisonment, or both, subject to the discretion of the Judge, the maximum of which shall be the maximum fine or term of imprisonment permitted to be imposed by the court having jurisdiction over the violation of this chapter; provided, however, that the fine shall not be less than $100 nor more than $2,000 per offense and the prison term shall not exceed 90 days in accordance with N.J.S.A. 40:49-5.