[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 79, 116 and 374-1994.
[Ord. No. 447-2003 § 1]
It is the intent and purpose of this section to register certain businesses being operated in the Borough of Woodbine to assist Borough officers and employees, such as the New Jersey State Police, Fire Department, taxation officers, zoning officers, construction officers, health department officers, and others, in promptly locating a particular business, and the owners of the property and the operators of the business thereof, in order that the Borough personnel will know the nature of the business when they go there and will know the names and addresses of the owners and operators of the business. This information will all be located in one central location, which will substantially aid Borough employees in the prompt and efficient interaction with the business community.
[Ord. No. 447-2003 § 2]
Except in those cases where a different license is required by any provision of this section or other ordinance of the Borough of Woodbine, no person shall transact business or either directly or indirectly conduct a business or commercial establishment within the Borough of Woodbine until he has obtained a business license, or registered with the Borough in accordance with this section.
[Ord. No. 447-2003 § 3]
For purposes of this section, shall mean the provision of any goods or any services within the Borough of Woodbine, selling, consigning or renting any goods or services or soliciting business or offering any goods or services for sale within the Borough.
[Ord. No. 447-2003 § 4]
Any person or association of persons operating or intending to operate a business in the Borough of Woodbine shall, within 30 days of opening his, her or its business, and annually thereafter (subject to the provisions of subsections 4-1.6 and 4-1.8 herein), file an application to register each business location and pay the appropriate fee. The application shall be made upon a form furnished by the Borough Clerk, which application shall require the following information: business name, the name and address of the business owner, the name and address of the property owner, telephone number of the business, home and business telephone numbers of property owner (winter and summer), home telephone number of business operator (winter and summer), business classification, and the anticipated opening and closing dates of the business, together with what other additional information may be required from time to time by Borough Council.
[Ord. No. 447-2003 § 5]
The business registration form shall clearly set forth, in all capital letters and underlined, the following sentence:
THE ISSUANCE OF THIS GENERAL BUSINESS REGISTRATION SHALL IN NO WAY BE CONSTRUED TO CONSTITUTE APPROVALS BY THE BOROUGH OF WOODBINE AS TO ZONING ISSUES, CONSTRUCTION ISSUES, FIRE PREVENTION ISSUES, REAL ESTATE TAX ISSUES OR ANY OTHER ISSUES, OTHER THAN APPROVAL THAT THE BUSINESS HAS BEEN REGISTERED WITH THE BOROUGH OF WOODBINE UNDER THIS ORDINANCE.
[Ord. No. 447-2003 § 6]
The fee for each business registration shall be $50 for each business location to be paid annually, and shall be payable when the application is filed. The business year shall run from January 1 through December 31. The annual registration application and payment of the fee shall be completed prior to January 31 of each year, and the registration document must be publicly displayed upon the business premises. A late fee of $25 may be charged for failure to register by the due date provided herein.
[Ord. No. 447-2003 § 7]
The Borough of Woodbine recognizes that certain occupations are licensed and regulated by the State of New Jersey to a degree that preempts municipal business licensing. Such occupations shall not be required to obtain local business licensing or pay a local registration/ licensing fee.
[Ord. No. 447-2003 § 8]
The registration fee provided for in subsection 4-1.6 shall be valid for the year in which it is issued and shall expire on December 31 of that year. All license fees shall be payable on or before January 31 of the year of issue.
[Ord. No. 447-2003 § 9]
If any person, firm, association, partnership or corporation makes use of a registered business as a means to violate any of the ordinances of the Borough of Woodbine or the laws of the State of New Jersey, falsifies any information on his application or operates contrary to the representation on his application, then the registration may be forfeited.
[Ord. No. 447-2003 § 10]
Any business regulated by and having fees established by any other ordinance of the Borough of Woodbine is hereby exempt from this section and the requirements of the specific ordinance shall supersede those of this section.
[Ord. No. 447-2003 § 11]
As used in this section:
Means any person, whether or not a resident of the Borough, traveling by foot, wagon, bicycle, pushcart, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, flowers, food, ice cream, fruit ices, soda water, garden farm products or provisions of similar items, offering and exposing the same for sale or making sales and delivering articles to purchasers. "Hawkers," "hucksters" and "vendors" are included.
[Ord. No. 447-2003 § 12]
It shall be unlawful for any person to engage in the business of a peddler within the corporate limits of the Borough without first obtaining a license in conformity with the provisions of this section.
[Ord. No. 447-2003 § 13]
Any person who desires to hawk, peddle or vend within the Borough shall, in advance thereof, register with the Borough and shall complete and sign a form of application for registration made available by the Borough setting forth the following information:
a.
Name and address;
b.
Description of the applicant;
c.
Places of residence of the applicant for registration for the past five years immediately preceding the date of application;
d.
A description of the nature of the business proposed;
e.
A description of the vending unit to be utilized, including the registration number, license plate number and name and address of insurance carrier and insurance policy number and coverage;
f.
Whether or not the applicant has ever had a license to conduct the business sought to be registered and whether or not he ever had a license to conduct said business denied or revoked, and, if so, setting forth the details thereof;
g.
The date, place and nature of the conviction of the registrant of any crime;
h.
Two photographs showing the applicant's face, front and profile, representative of the applicant's appearance at the time of the application for registration, of a minimum size of 1 1/2 inches square, which photographs shall be affixed to the application for registration;
i.
Proof of an insurance policy issued by an insurance company licensed to do business in the State of New Jersey protecting the registrant and the Borough from all claims or damages to property and bodily injury, including death, which may arise from operations under or in connection with the vending, hawking or peddling. Such insurance shall name as an additional insured the Borough and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days advance written notice to the Borough. The amounts of the insurance to be maintained are: Personal Injury: $500,000 per person; $1,000,000 per occurrence; and Property Damage: $100,000.
[Ord. No. 447-2003 § 14]
Every applicant for a peddler's license shall, at the time of application, pay a license fee in the amount of $100.
[Ord. No. 447-2003 § 15]
No peddler shall have any exclusive right to any location, nor shall he be permitted to operate in any congested area where his operations would unreasonably impede or inconvenience or pose a traffic or safety danger to the public. A peddler may remain in one specific location in the Borough for no more than one calendar day at a time. Once having remained in any given location for the maximum permissible time, or for any lesser period of time, the peddler shall move to a new location which shall not be within 50 feet of his previous location. No peddler may sell his wares in a location that is within 250 feet of the location of any other peddler.
[Ord. No. 447-2003 § 16]
Each peddler shall have an ownership interest (sole proprietorship, etc.) in only one vending unit and may operate only said vending unit and no other. Peddlers' licenses shall not be assignable or transferable.
[Ord. No. 447-2003 § 17]
a.
This section shall not be construed to include:
1.
The delivery of milk, eggs, bread, newspapers or such other necessary and perishable articles of food or merchandise of the type commonly delivered on a house-to-house basis at intervals of less than one week;
2.
Federal census takers and polls or surveys taken pursuant to Federal, State or local laws; and
3.
Flea markets conducted under the auspices and control of a single person/entity who is appropriately licensed and/or registered as required by this section.
b.
Any veteran or volunteer fireman who holds a special license issued pursuant to N.J.S.A. 45:24-9 shall be exempt from the fee for a license, but shall be required to comply with all other applicable subsections of this section.
[Ord. No. 447-2003 § 18]
The equipment used or employed by peddlers of ice cream, foods, beverages, confections and other similar commodities shall be maintained in a clean and sanitary manner and be subject to the inspection of health authorities having jurisdiction. Any violation found and not immediately corrected shall be grounds for revocation of the license.
[Ord. No. 447-2003 § 19]
a.
Any person or association of persons convicted of filing a knowingly false registration application for his, her or its business location shall be subject to a fine of at least $100 but no more than $1,000 and any person or association of persons convicted of a violation of any of the other provisions of this section shall, upon conviction thereof, be subject to a fine of not more than $1,000.
b.
Penalties. Any person, corporation or other entity who shall violate any provision of this section shall, upon trial or conviction, be subject to a fine of not less than $100 or more than $1,000, to imprisonment for a term not exceeding 90 days, to a period of community service not exceeding 90 days or to any combination of these penalties. Each day upon which a violation of this section shall continue to exist shall be deemed a separate offense.
c.
Any person who is convicted of violating any provision of this section within one year of the date of the previous violation of this section and who was fined for the previous violation shall be sentenced by the Court to an additional fine as a repeat offender, such fine to be not less than $100 nor more than $1,000. Said penalty shall be calculated separately from the fine imposed for the violation of this section.
[Ord. No. 391-1996 § 1]
This section shall be known and may be cited by the short form title of "Resource Extraction Licensing Ordinance of the Borough of Woodbine."
[Ord. No. 391-1996 § 2]
As used in this section:
Shall mean the dredging, digging, extraction, mining and quarrying of sand, gravel or minerals from land located in the Borough, not including, however, the private or agricultural extraction and use of extracted material by the resident landowner for personal use only.
[Ord. No. 391-1996 § 3]
In any area, district or zone of the Borough, no sand, gravel, rock, earth, minerals, clay or overburden or other resource shall be extracted until approval has been granted by the Mayor and Council as evidenced by the issuance of a license for such work. Applications for such licenses shall be made in writing and shall contain the following information and meet the following requirements:
a.
The name and address of the applicant. In the case of a lease agreement between land owner and mining operator, both the lessee and the lessor become joint parties to the application for a license and are both bound to the conditions of the license.
c.
A description of the land upon which the applicant proposes to engage in an extraction operation and the total number of acres for which a mining license is requested.
d.
A sketch plan of the total area involved showing the location of all structures, processing equipment and major stockpiles, together with points of ingress and egress.
e.
A plan for the eventual rehabilitation, reclamation, and use of the site covered by the license after the resources have been removed which conforms with the terms of the zoning and planning regulations of the Borough, their amendments or supplements.
f.
The estimated time period during which extractions and land rehabilitation operations will be conducted.
g.
The application for a license or the renewal of a license shall be accompanied by a promise from the applicant to faithfully perform and comply with all applicable standards set forth in this section and the zoning and planning regulations of the Borough, their amendments or supplements or any other ordinance of the Borough which has a bearing upon resource extraction. The Mayor and Council may require as a condition of the granting of the license, that the applicant deposit, pledge, place in escrow or in some other fashion, including the possible use of surety bond, certain reasonable amounts of security with rights of substitution for the faithful performance of and compliance with all of the performance standards set forth in this section, the Rehabilitation/Reclamation Plan, the zoning and planning regulations of the Borough or any other applicable ordinance of the Borough. In the event security is required, no security shall be required in excess of any amount equal to $1,000 multiplied by the number of acres to be rehabilitated/ reclaimed as designated within a licensed area, but in no event not less than $10,000. Any security required shall be held or continued for the term of the license while the land is rehabilitated/reclaimed. Any security required herein shall be terminated 30 days after the applicant or others on his behalf have delivered to the Mayor and Council the certificate of a registered professional engineer or licensed surveyor or professional planner setting out that the area upon which release of the security is sought has been rehabilitated/reclaimed in substantial compliance with the requirements of the Rehabilitation/ Reclamation Plan or some amended or alternative plan mutually satisfactory to the Planning Board and the Mayor and Council after consultation with the Township Engineer. Any security shall be placed so that if the license expires as provided herein and the site is not rehabilitated/reclaimed within 18 months thereafter, the security shall be forfeited to pay for the rehabilitation/reclamation of the site according to the Rehabilitation/Reclamation Plan.
h.
Approval and receipt of a conditional use permit from the Planning Board under the regulations and requirements set forth in the zoning and planning regulations of the Borough or their amendments or supplements.
i.
The Mayor and Council may also require additional information from the applicant when necessary because of the specific nature of the lands to be mined; any unusual request made by the applicant or because of surrounding property use and condition, including but not limited to, environmental impact statements, wetlands information, surrounding property use and traffic management and flow. The information received when requested shall be taken into consideration by the Mayor and Council and shall be used to determine the applicability of the property in question for use as a mining site or may be used in placement of conditions upon any mining license granted.
[Ord. No. 391-1996 § 4]
If the application and applicant complies with this section and all other applicable ordinances as set forth, a license shall be issued by the Mayor and Council. The license shall be valid for a period of two years from the date of issuance thereof. Such license shall be renewed by the Mayor and Council for succeeding two year periods provided an application accompanied by such reasonable security as may be required, as provided above, is received from the applicant and provided that the applicant meets all terms and conditions of this section or any other applicable ordinances of the Borough or their amendments or supplements thereto. The application for renewal of the license shall be filed within 60 days after receipt of written notice from the Mayor and Council of the upcoming expiration of the license but not more than four months before the expiration of the license, and provided that the applicant is carrying out the requirements of the original license as evidenced by the absence of a judicial determination at the end of the time to the contrary. Issuance of a license or renewal license commits the applicant, and the applicant's successors and assigns, to faithful compliance with the Rehabilitation/ Reclamation Plan and the provisions of this section and the zoning and planning regulations of the Borough, their amendments or supplements.
[Ord. No. 391-1996 § 5]
After the approval of the license or any renewal license by the Mayor and Council, the applicant/licensee shall pay to the Borough Clerk the sum of $300 per acre for each acre or part of an acre of land licensed by the Mayor and Council for the two year term of the license as a licensing fee. An applicant/licensee owning 50 acres of land or less shall be designated as a minimum mining operation and shall pay a minimum license fee of $75 per acre for each acre licensed for the two year term of the license. The fee shall be collected by the Borough Clerk once at the beginning of the term of each two year license. The calculation of the license fee shall be made by the Borough Clerk after consultation with the Township Engineer and shall be based upon the actual lands to be mined under the license as shown by the applicant/licensee's site plan and shall not be based upon the total number of acres owned by the applicant/licensee. The payment of the license fee shall be made before any license is issued to the applicant/licensee by the Borough Clerk. The license fee shall be used by the Borough to offset the costs of the Borough for review, issuance and monitoring of the mining license and the Rehabilitation/ Reclamation Plan provided by the applicant/licensee. If the actual cost to the Borough of Woodbine for review, issuance and monitoring of any particular mining license shall be higher than the license fee paid by that applicant/licensee, in that event, the Mayor and Council may assess the actual additional costs incurred by the Borough as an additional licensing fee upon the applicant/licensee upon 10 days' written notice of such higher costs to the applicant/licensee.
[Ord. No. 391-1996 § 6]
After the initial license term of two years, each license shall be renewed for an additional two year term, provided all conditions of this section are met as more fully set forth above. The commencement date for any renewal license shall be the date of the expiration of the prior license. There shall be no gap in licenser of active mining sites, unless the applicant/ licensee discontinues active mining of the licensed site and does not seek to renew the license. A site not actively mined and not licensed shall be treated as a new site for mining licenser if the site is unused for a period of 12 consecutive months and the prior license has expired and the applicant has not sought to renew the license. The rehabilitation/reclamation of the site must be ongoing even if no license renewal is sought.
[Ord. No. 391-1996 § 7; New]
Any person, firm or corporation who shall violate any terms or provisions of this section or any conditions of the issued mining license shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. Each violation of any provision of this section or any other ordinance applicable to resource extraction in the Borough or any condition of the issued mining license or any rule or regulation of the Borough dealing with mining and resource extraction shall constitute a separate offense. Each day a violation continues shall be considered a separate chargeable violation and the Court may impose fines and penalties accordingly.
[Ord. No. 544-2013 § 1]
For the purposes of this section, the following terms shall be defined as follows:
Shall mean any individual, partnership, corporation or association.
Shall mean any street, avenue, park, parkway, highway or other public place.
Shall mean any automobile, motor vehicle or other vehicle commonly called "taxi," engaged in the business of carrying passengers for hire, which is held out, announced or advertised to operate and run or which is operated or run over any of the streets or the public highways of this Borough and, particularly, accepts and discharges such persons as may offer themselves for transportation from points or places to points and places.
Shall mean a meter instrument or device attached to a taxicab upon which the fare is based which measures mechanically the distance driven and the waiting time.
Shall mean the time when a taxicab is not in motion, from the time of acceptance of a passenger to the time of discharge, but does not include any time that a taxicab is not in motion due to any cause other than the request, act or fault of a passenger.
[Ord. No. 544-2013 § 2]
No person may cause a taxicab to be operated without first having obtained a taxicab owner's license from the Council of the Borough of Woodbine. No person may operate a taxicab without first having obtained a taxicab operator's license from the Council of the Borough of Woodbine.
[Ord. No. 544-2013 § 3]
All applications shall be in writing on forms approved by the Borough Clerk.
All applications for taxicab owners and operators licenses shall be completed in their entirety and filed with the Borough Clerk. Any application which is deemed incomplete by the Borough Clerk or his/her designee shall be rejected. All completed applications shall have the date and time that they have been received recorded thereon.
a.
Taxicab Operators License.
1.
All applications for taxicab operators license shall contain or be accompanied with the following:
(a)
The name, age and residence of the applicant. A post office box is not acceptable.
(b)
The names and addresses of two references residing in the Borough of Woodbine.
(c)
The full amount of the license application fee hereinafter prescribed.
(d)
Other information deemed appropriate by the Chair of Public Safety Committee.
2.
All applicants shall have the following qualifications:
(a)
An applicant shall be at least 18 years of age.
(b)
An applicant shall be a citizen or legal resident of the United States.
(c)
An applicant shall have a valid New Jersey drivers license.
(d)
An applicant shall be able to communicate in the English language.
(e)
An applicant shall be disqualified from operating or driving a taxicab if a criminal history background check and/or drivers abstract required pursuant to subsection 4-4.3a5 revealed a record of conviction of any of the following crimes or offenses:
(1)
In New Jersey or elsewhere any crime or offense as follows: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, or endangering the welfare of a child pursuant to N.J.S. 2C:24-4, whether or not armed with or having in his possession any weapon enumerated in subsection r of N.J.S. 2C:39-1, a crime pursuant to the provisions of N.J.S. 2C:39-3, N.J.S. 2C:39-4 or N.J.S. 2C:39-9 or a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S. 2C:35-2.
(2)
In any other state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in paragraph a2(e)(1) of this subsection.
(3)
In New Jersey or elsewhere the conviction of an alcohol or drug related traffic offense enumerated in N.J.S.A. 39:4-49.1, N.J.S.A. 29:4-50, et seq., or N.J.S.A. 39:4-51, et seq., or its equivalent in any other state, territory, commonwealth or other jurisdiction of the United States, which has occurred in the last 10 years prior to the application being submitted.
(f)
An applicant shall have further qualifications that the Director of Public Safety may deem appropriate and necessary to determine the fitness of the applicant to operate a taxicab.
(g)
Notwithstanding anything herein to the contrary, if a person who has been convicted of one of the crimes or offenses enumerated in paragraphs (1) and (2) of paragraph a2(e) of this subsection can produce a Certificate of Rehabilitation issued pursuant to N.J.S. 2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving a taxicab.
3.
Each applicant shall be fingerprinted by the appropriate authority prior to the issuance of an operator's license.
4.
An operator's license shall not be transferable.
5.
Upon submission of an application, the Chair of Public Safety Committee shall cause an investigation to be made to determine whether the applicant meets the qualifications as set forth herein. The Chair shall submit his/her report of findings to the Borough Clerk.
6.
The Borough Clerk shall submit his/her recommendations for the issuance of a taxicab operator's license to Borough Council for consideration. When Borough Council has determined to grant such license, it shall do so by resolution. Upon the adoption of such resolution, the Borough Clerk shall sign all licenses and issue to each approved operator an operator's license in accordance herewith.
7.
Each applicant who has been approved for an operator's license as prescribed herein shall be issued an operator's license which shall contain a photo identification of the operator. Said license shall be displayed conspicuously on the dashboard of the taxicab being operated in plain view of the passenger. Said license shall be presented at anytime upon the request of any police officer, the Code Enforcement Officer, the Chair of Public Safety Committee, any authorized Borough agent or any passenger. Every operator's license shall have affixed thereto the Borough license number, date of issue and date of expiration.
8.
Each taxicab operator licensed in accordance herewith shall be required to comply with paragraph a3 every other year which shall be completed prior to the date of the expiration of their current lease.
b.
Taxicab Owner's License.
1.
All applications for a taxicab owner's license shall contain or be accompanied by the following:
(a)
The names, age and residence of the applicant. A post office box is not acceptable.
(1)
If a partnership: the names, ages and residence of all partners along with the business address of the partnership.
(2)
If a corporation: the names, ages and residence of its President, Secretary and Treasurer along with its Certificate of Incorporation, certified copy of resolution authorizing this application and a Certificate of Good Standing issued by the State of New Jersey not more than 30 days prior to the date of application. Application of any corporation shall be signed by the President and attested by its Secretary.
(3)
If a Limited Liability Company: the names, ages and residence of all of its members, name, age and residence of managing member, certified copy of the resolution authorizing the application, Certificate of Good Standing issued by the State of New Jersey not more than 30 days prior to the date of the application.
(b)
A description of the vehicle or vehicles to be licensed, including the year, make and model, seating capacity, vehicle identification number and license plate number thereof. Should the applicant not have this information at the time his/her application has been filed with the date and time of receipt recorded thereon, then, in that event, this information must be supplied to the Borough Clerk prior to the issuance of an owner's license.
(c)
The owner of such taxicab to be licensed in accordance herewith shall file with the Borough of Woodbine for each taxicab operated an insurance policy of a company duly licensed to transact business under the insurance laws of the State of New Jersey, conditioned for the payment of a sum of not less than $15,000.00 to satisfy all claims for damages by reason of bodily injury to, or the death of, any one person resulting from an accident and a sum of not less than $30,000.00 to satisfy all claims for damages, by reason of the bodily injuries to, or the death of, all persons on account of any such accident by reason of the ownership, operation, maintenance or use of such taxicab upon any public street; and conditioned for the payment of a sum not less than $5,000.00 to satisfy any claim for damages to property of any one person resulting from an accident and a sum not less than $5,000.00 to satisfy all claims for damages to property of all persons on account of any such accident by reason of the ownership, operation, maintenance or use of such taxicab upon any public street.
(d)
The names and addresses of two references residing in the Borough of Woodbine.
(e)
The full amount of the application fee herein prescribed.
(f)
Other information deemed appropriate by the Chair of Public Safety Committee.
2.
All applicants for a taxicab owner's license shall have the following qualifications:
(a)
An applicant shall be at least 18 years of age. All partners, corporate officers or members of the limited liability company applicant shall be at least 18 years of age.
(b)
All applicants shall be a citizen or legal resident of the United States. All partners, corporate officers or members of a limited liability company applicant shall be a citizen or legal resident of the United States.
(c)
An applicant shall be disqualified from obtaining a taxicab owner's license if any persons enumerated in paragraph b1(a) of this subsection shall have a record of conviction of any of the following crimes or offenses:
(1)
In New Jersey or elsewhere any crime as follows: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, or endangering the welfare of a child pursuant to N.J.S. 2C:24-4, whether or not armed with or having in his possession any weapon enumerated in subsection r of N.J.S. 2C:39-1, a crime pursuant to the provisions of N.J.S. 2C:39-3, N.J.S. 2C:39-4 or N.J.S. 2C:39-9 or a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S. 2C:35-2.
(2)
In any other state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in paragraph e2(c)(1) of this subsection.
(3)
In New Jersey or elsewhere the conviction of an alcohol or drug related traffic offense enumerated in Title 39-4, et seq., which has occurred in the last 10 years prior to the application being submitted.
(d)
An applicant shall have such further qualifications that the Borough Clerk or Chair of Public Safety Committee may deem appropriate and necessary to determine the fitness of the applicant to own a taxicab.
(e)
Notwithstanding anything herein to the contrary, if a person who has been convicted of one of the crimes or offenses enumerated in paragraphs (1) and (2) of paragraph b2(c) of this subsection can produce a Certificate of Rehabilitation issued pursuant to N.J.S. 2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent Certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving a taxicab.
3.
Upon receipt of the completed application by the Borough Clerk and provided an owner's license is available for distribution by the Borough of Woodbine, the application shall be forwarded to the Chair of Public Safety Committee who shall cause an investigation to be made in accordance herewith and thereafter he/she shall provide his/her findings and recommendations to the Borough Clerk. In the event an owner's license is not available for distribution by the Borough of Woodbine, the application shall be placed on file with the Borough Clerk with the date and time recorded thereon in accordance herewith. As owner's licenses come available, they shall be offered to those applicants in the order of the dates and times upon which each completed application was received and filed, the earliest having the first option to acquire said license in accordance herewith. Notice of availability shall be sent by certified mail and regular mail simultaneously requiring the applicant to respond in 20 days of mailing by notifying the Borough Clerk in writing of their interest to acquire the available license. Should there be no response within said time, or should notice to the address given in the application be undeliverable or returned, notice shall then go to the next applicant based upon the date and time of receipt of the completed application. It shall be the applicants' obligation to notify the Borough Clerk of any change of address. A nonrefundable Public Safety Investigation Fee shall be paid prior to submission to the Chair of Public Safety Committee for fingerprinting and investigation.
4.
Upon compliance with all requirements specified herein, the Borough Clerk shall issue a certificate in duplicate showing that the owner of the taxicab or taxicabs has complied with the terms and conditions of this section for each taxicab to be operated by the owner license holder. The certificate shall recite the name of the insurance company, the number and date of expiration of the policy or bond, a description of the taxicab insured thereunder and the registration number of the same. Upon issuance of a Certificate of Compliance, Borough Council shall consider the adoption of a resolution authorizing the issuance of an owner's license. The duplicate certificate shall thereafter be filed with the Motor Vehicle Commission before any such car is licensed as a taxicab in the Borough of Woodbine. A Certificate of Compliance duly filed in accordance herewith and accompanying Council resolution is required for each taxicab being operated by the owner's license holder.
5.
Each applicant who has been approved for an owner's license as prescribed herein shall be issued an owner's license which shall contain a photo identification of the owner. Said license shall be displayed conspicuously on the dashboard of the taxicab being operated in plain view of the passenger in addition to the Certificate of Compliance. Said license shall be presented at anytime upon the request of any police officer, the Code Enforcement Officer, the Director of Public Safety, any authorized Borough agent or any passenger. Every owner's license shall have affixed thereto the Borough license number, date of issue and date of expiration.
[Ord. No. 544-2013 § 4]
Any new license issued hereunder shall be valid from its date of issuance until December 31 of the same year. Thereafter, a renewal license shall be valid for one year from January 1 to December 31.
[Ord. No. 544-2013[1]]
a.
The nonrefundable fees shall be as follows:
1.
New Owner's License Application Fee: $75 for each taxicab per year.
2.
New Owner's License Public Safety Investigation Fee: $200 per applicant.
3.
Renewal of Owner's License and Taxicab Inspection Fee: $50 per taxicab.
4.
Transfer of Owner's License: $75.
5.
New Operator's License: $75.
6.
Renewal of Operator's License: $75.
7.
Replacement Operator's License: $20.
8.
Fingerprinting Per Person Per Renewal: $50.
b.
All fees specified above shall be increased by 3% rounded to the nearest dollar in every calendar year subsequent to the adoption of this section so long as said increase does not exceed the maximum permitted by law. In such event, said fee shall be the maximum permitted by law.
[Ord. No. 544-2013 § 6]
a.
No owner's license shall be issued until the owner of such taxicab shall have filed with the Borough Clerk an insurance policy in accordance with subsection 4-4.3b1(c).
b.
An owner's license shall become effective and operation thereunder shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amounts as aforesaid.
c.
If an owner's license holder operates more than one taxicab, he/she may file with the Borough Clerk, in lieu of the insurance policy required by subsection 4-4.3b1(c) herein, a bond or insurance policy of a company duly licensed to transact business under the insurance laws of this State, in the sum of $50,000, which shall be a blanket insurance covering all taxicabs operated by the owner's license holder which shall provide for the payment of any final judgment involved by any person on account of the ownership, maintenance and use of any such taxicabs or any fault with respect thereto, and shall be for the benefit of any person suffering loss, damage or injury as aforesaid.
d.
Where a taxicab operator has a principal place of business other than the Borough of Woodbine, said taxicab owner shall, prior to operating in the Borough of Woodbine, file with the Borough Clerk the insurance policy or bond required herein as well as the Certificate of Compliance required by N.J.S.A. 48:16-6.
e.
The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance or use of the taxicab or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
[Ord. No. 544-2013 § 7]
Pursuant to N.J.S.A. 48:16-5, every owner shall execute and deliver to the Borough Clerk, concurrently with the filing of a policy or bond aforesaid, a power of attorney, wherein and whereby the owner shall appoint the Borough Clerk his/her 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 or bond filed.
[Ord. No. 544-2013 § 8]
Every owner, before obtaining a license hereunder, shall have and maintain in the Borough of Woodbine an office with telephone service for the purpose of receiving telephone calls from prospective passengers and from where said taxicab may be dispatched to provide taxicab service to a prospective passenger. The owner's license shall be maintained in said office, and said license shall be conspicuously displayed.
[Ord. No. 544-2013 § 9]
a.
No owner's license shall be issued until the Code Enforcement Officer:
1.
Determines that such owner has adequately provided for the safety of children under the age of five years who are taxicab passengers. The owner shall provide a written policy and posted notice, at the owner's base of operation and in each taxicab, conspicuous to operators, stating that, prior to operating a taxicab, a child 18 months of age or younger shall be a rear seat passenger secured in a State or federally approved child passenger restraint system, and a child over the age of 18 months but less than five years shall be a rear seat passenger secured in either a State or federally approved child passenger restraint system or secured in a lap belt or lap belt and shoulder harness. Each owner shall keep and maintain a State or federally approved child passenger restraint system in the passenger compartment or trunk of the taxicab for use pursuant to this section.
2.
Directs a thorough inspection ensuring that each taxicab:
(a)
Is safe, clean and sanitary to transport passengers.
(b)
Is properly equipped with an approved child passenger restraint system as described in Federal Motor Vehicle Safety Standard Number 213.
(c)
Carries, in such position viewable from the outside, an electric sign not less than five inches by nine inches (5x9) nor more than six inches by ten (6x10) inches which shall be illuminated at night and shall plainly show the word "Taxi" and the number of the owner's license in legible letters and figures.
(d)
Has painted on each side thereof, in letters at least three inches high, the word "Taxi" or "Cab" or the name of the operating owner containing the word "Taxi," "Cab" or "Taxicab."
(e)
Does not have any visual structural or mechanical deficiencies for which a motor vehicle registration would be denied.
(f)
Complies with any and all other provisions of this chapter.
b.
If the inspection concludes that there is no violation of this section, a new Borough-issued reflective sticker shall be affixed to the driver's side rear quarter panel indicating the owner's license number and year issued.
c.
The Public Safety Committee shall also have inspection power under this section to assist Code Enforcement.
d.
Each Taxicab licensed in accordance herewith shall have affixed in a conspicuous location within the Taxicab so that any passenger may read the same, a sign or sticker indicating "If you have any complaints regarding this Taxicab or Taxi Operator, you may lodge your complaints by filing a written notice with the Borough Clerk of the Borough of Woodbine, 501 Washington Avenue, Woodbine, New Jersey 08270."
[Ord. No. 544-2013 § 10]
a.
The maximum number of owner's licenses issued hereunder shall be as determined by the Governing Body, and no new license shall be issued to exceed this number; provided, however, that this limitation shall not prevent renewals or person-to-person transfer of owners' licenses issued and outstanding.
b.
No owner's license shall be transferred from one owner to another unless said prospective owner has complied with all of the terms and conditions contained herein and required for the issuance of an owner's license.
[Ord. No. 544-2013 § 11]
a.
Any taxicab owner's and/or operator's license may be renewed for a succeeding license term to replace a license which expired or is due to expire on the last day of the immediately preceding license term; provided, however, that said license is for the same owner or operator as the expired or expiring license, covers the same taxicab, issued to the holder of the expired or expiring license and is issued pursuant to an application therefor which shall have been filed with the Borough Clerk prior to the commencement of said new license term or not later than 30 days after the commencement thereof. Taxicab owner's and/or operator's licenses issued otherwise than aforesaid shall be deemed new licenses.
b.
A change of residence by any owner or operator shall be reported in writing to the Borough Clerk within 30 days after such changes.
[Ord. No. 544-2013 § 12]
a.
Borough Council may designate by ordinance certain locations within the Borough for use as taxi stands as it deems necessary for public convenience.
b.
Only taxicabs licensed hereunder shall occupy any part of said taxi stands.
c.
All taxi stands shall be used by operators on a first-come-first-served basis. An operator entering a taxi stand in a taxicab shall join behind any waiting taxicabs and advance forward as the preceding taxicabs depart.
d.
Taxicab owners shall maintain the sanitary condition of taxi stands and shall provide properly screened refuse storage areas for the use of operators and customers on lands other than the borough-owned mini-parks and adjacent drives and walkways. An owner's right to use taxi stands shall be subject to revocation by Borough Council upon submission of documented evidence of litter/trash ordinance violations by the Borough Engineer's Office, the Cape May County Health Department or other solid waste enforcement agency.
[Ord. No. 544-2013 § 13]
a.
Any taxicab occupying a taxi stand shall be immediately available for hire. Upon request, no owner or operator, unless previously engaged, shall refuse or neglect to carry any disorderly person anywhere within the Borough. No owner or operator shall leave a vehicle unattended or in any other manner render said vehicle unready for immediate use while occupying any taxi stand.
b.
No owner or operator shall permit any person, other than a passenger being transported for hire, in or about such taxicab when in service as a taxicab.
c.
No operator shall cruise on streets of this Borough with any taxicab at any time for the purpose of soliciting passengers or to bring the presence of the taxicab to the attention of prospective passengers. A taxicab being driven along the Borough streets for any purpose other than transporting a passenger, going to a specified destination 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 said terminus to the operator's home by the most direct route, shall be prima facie evidence of cruising.
d.
No owner or operator shall induce any person to employ him by knowingly misinforming or misleading any such person, either as to the time or place of arrival or departure of any train or bus or as to the location of any hotel, public or private place, nor shall any such owner or operator deceive any person, make false representations to him or convey any passenger to any other place or over any other route than that indicated by the passenger.
e.
No owner or operator who has accepted an order to call at any point in the Borough of Woodbine for the purpose of conveying any person to any other point in said Borough or the surrounding community shall neglect or unreasonably delay to execute the order. Any order delivered to and accepted by a person in charge of the garage, office or home of the operator shall be considered as having been delivered to and accepted by the owner or operator.
f.
Transport of Children.
1.
Every taxicab operator hereunder who transports a child under the age of five years shall be responsible for the protection of the child by properly using a State or federally approved child passenger restraint system.
2.
No operator shall transport a child five years of age or younger unless a child 18 months of age or younger is a rear seat passenger secured in a State or federally approved child passenger restraint system and a child over 18 months of age but less than five years is a rear seat passenger secured in either a State or federally approved child passenger restraint system or secured in a lap belt or lap belt and shoulder harness.
g.
If for any safety reason an operator believes that a customer should not be served, said operator shall not be required to provide service to said customer.
[Ord. No. 544-2013 § 14]
An owner who discontinues taxicab service or fails, without good cause, to operate and maintain the taxicab for more than 90 consecutive days shall immediately surrender his taxicab license to the Borough Clerk for cancellation. Failure so to do shall be sufficient cause for suspension or revocation of said taxicab license.
[Ord. No. 544-2013 § 15]
All taxicabs shall be equipped with taximeters fastened in front of the passengers, visible to them at all times, day and night. After sundown, the face of the taximeter shall be illuminated. Said taximeter shall be operated mechanically by a mechanism of standard design and construction, driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. They shall be sealed at all points and connections which, if manipulated, would affect their correct reading. Each taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not employed, and it shall be the duty of the operator to throw the flag of such taximeter into a nonrecording position at the termination of each trip. The Chair of Public Safety Committee or any Police Officer is authorized, either on complaint of any person or without such complaint, to inspect any taximeter and, upon discovering any inaccuracy therein, to notify the taxicab operator to cease operation. Thereupon, said taxicab shall be kept off the highways until the taximeter is repaired and in required working condition.
All taximeters required in accordance herewith shall have been properly inspected and have affixed thereto proof of compliance with the State of New Jersey, Department of Weights and Measures. No taxicab owner's license shall issue nor shall any taxicab operate without the prior compliance with this section.
[Ord. No. 544-2013 § 16]
a.
No owner or operator of a taxicab or other vehicle for hire shall charge a sum greater than the following fares for the use of said vehicle:
1.
A minimum fare of $3 is established.
2.
Mileage rates: $1.60 shall be charged upon entering the taxicab, also known as the "drop fare," and $2.00 for each additional meter mile. Fractions of each mile shall be calculated at the rate of $0.20 per 1/10 of a mile.
3.
Plus $0.50 for each article of luggage or baggage for each passenger.
4.
Waiting time at the rate of $0.40 for each minute.
[Ord. No. 544-2013 § 17]
An operator shall, upon demand by a passenger, provide such passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, license number or motor number, amount of meter-reading charges and date of transaction.
[Ord. No. 544-2013 § 18]
a.
Borough Council reserves the right to make such rules and regulations for the operation of taxicabs and the conduct of the operators thereof as it may determine to be necessary and proper in the best interests of the citizens of the Borough. Any violation of said rules and regulations shall constitute a violation of this section, punishable as provided hereunder.
b.
The Chair of Public Safety Committee may, with the approval of Borough Council, make reasonable regulations not inconsistent herewith for the conduct of owners and operators hereunder.
[Ord. No. 544-2013 § 19]
Any owner's or operator's license may be denied, revoked or suspended at any time for cause for the violation of any provision hereunder or any other Borough ordinance. The licensee may make a written request for a hearing within 10 days from date of denial, revocation or suspension. The hearing shall be held before the Chair of Public Safety Committee. Such denial, suspension or revocation may be in addition to or instead of penalties prescribed by subsection 4-4.20 hereunder. A suspended or revoked license shall not be reissued except for good and sufficient reasons shown.
[Ord. No. 544-2013 § 20]
a.
Any person who shall violate any provision of this section shall be subject to the following fines or penalties:
1.
Upon a first conviction, be subject to a fine of not less than $200 nor more than $500.
2.
Upon a second conviction, be subject to a fine of not less than $750 nor more than $1,000 and/or imprisonment for a term not exceeding 30 days.
3.
Upon a third or subsequent conviction, be subject to a fine of not less than $1,500 nor more than $2,500 and/or imprisonment for a term not exceeding 90 days.
b.
Each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
c.
Unless another law is stated to the contrary, the Woodbine Borough Court shall have jurisdiction over the violations and penalties set forth in this subsection.
[Ord. No. 570-2017]
Games of chance may be conducted in the Borough of Woodbine on the first day of the week commonly known and designated as "Sunday," in accordance with the provisions of N.J.S.A. 5:8-31 and N.J.S.A. 5:8-58, as may be permitted by N.J.S.A. 5:8-24 et seq. and N.J.S.A. 5:8-50 et seq., provided that the applicant for the license to conduct such game otherwise qualifies under the provisions of the aforementioned statutes of the State of New Jersey and the rules and regulations of the Legalized Games of Chance Control Commission and, specifically, provided that the organization conducting the games is a charitable, religious or other organization specifically qualifying under the provisions of the aforementioned statutes.
[Ord. No. 570-2017]
The Clerk of the Borough of Woodbine is hereby designated as the issuing authority to approve and grant raffle and bingo licenses subject to compliance with N.J.A.C. 13:47-1 et seq.
[Added 7-15-2021 by Ord. No. 597-2021; amended 6-20-2024 by Ord. No. 628-2024]
Cannabis Establishments shall refer to Medical Cannabis Cultivator, Medical Cannabis Manufacturer, Cannabis Cultivator, Cannabis Manufacturer, Cannabis Wholesaler, Cannabis Distributor, Medical Cannabis Dispensary, Cannabis Retailer and Cannabis delivery service. Cannabis Establishments shall not reference Medical Cannabis Alternative Treatment Center or Cannabis Consumption Lounge or Establishment. Cannabis Establishments shall be permitted within the Airport Business (AB), Light Industrial Manufacturing (LIM) Zones.
a.
The regulations of this Section are subject to the enabling authority of the State of New Jersey and are subject to compliance with all statutes and/or regulations adopted by the State of New Jersey or its instrumentalities. If any provision of this section is impermissively inconsistent with the statutes and/or regulations of the State of New Jersey, the State statutes and/or regulations shall prevail.
b.
Prior to the operation of any Cannabis Establishment, a permit or license must be obtained from the State of New Jersey and from the Borough of Woodbine for the applicable type(s) of Cannabis Establishment. No Cannabis Establishment shall be permitted to operate without State and municipal permits or licenses.
c.
Permitted uses shall, at all times, comply with the terms and conditions of the licensee's Cannabis Establishment permits and licenses issued by the State of New Jersey and the Borough of Woodbine.
d.
Odor. Cannabis Establishments shall have equipment to mitigate odor. A building for a Cannabis Establishment shall be equipped with a ventilation system with carbon filters sufficient in type and capability to mitigate cannabis odors emanating from the interior of the premises.
e.
Noise. Outside generators and other mechanical equipment used for any kind of power supply, cooling, or ventilation shall be enclosed and have appropriate baffles, mufflers, and/or other noise reduction systems to mitigate noise pollution.
f.
Security. All Cannabis Establishments shall be secured in accordance with State of New Jersey statutes and regulations; shall have a round-the-clock video surveillance system, 365 days a year; and shall have trained security personnel onsite at all times during operating hours.
g.
No Cannabis Retail Establishment may open to customers for business before 9:00 a.m. or remain open to customers for business after 5:00 p.m.
[Added 7-15-2021 by Ord. No. 597-2021]
The regulations of this section are subject to the enabling authority of the State of New Jersey and are subject to compliance with all statutes and/or regulations adopted by the State of New Jersey or its instrumentalities, including the Cannabis Regulatory Commission. If any provision of this section is impermissably inconsistent with State Statutes and/or regulations, the State Statutes and/or regulations shall prevail.
[Added 7-15-2021 by Ord. No. 597-2021]
a.
Local Licensing Authority.
1.
The Borough Clerk (the "Clerk") is hereby designated to act as the local licensing authority for the Borough for all Cannabis Establishments. Under all circumstances in which State law requires communication to the Borough by the Cannabis Regulatory Commission or any other State agency with regard to the licensing of Cannabis Establishments by the State, or in which State law requires any review or approval by the Borough of any action taken by the State licensing authority, the exclusive authority for receiving such communications and obtaining/granting such approvals shall be exercised by the Clerk.
2.
Under no circumstances shall a local license for a Cannabis Establishment issued by the Clerk be effective until or unless the State has issued the requisite permits or licenses to operate such a facility. It is the intent of this section that no Cannabis Establishment may lawfully operate in the Borough without the issuance of a State permit or license and full regulatory oversight of the Cannabis Establishment by the Cannabis Regulatory Commission or other authorized state licensing authority as well as oversight and issuance of a license by the Borough.
[Added 7-15-2021 by Ord. No. 597-2021; amended 6-20-2024 by Ord. No. 628-2024]
The Borough, subject to land use approval and State licensure, may issue the following municipal licenses to operate a cannabis establishment:
a.
Class I: Cannabis Cultivator License.
b.
Class II: Cannabis Manufacturer License.
c.
Class III: Cannabis Wholesaler License.
d.
Class IV: Cannabis Distributor License.
And to the extent of any difference, Medical Cannabis cultivator and Medical Cannabis distributor is a classification of license.
e.
Class V: Cannabis Retail License.
f.
Class VI: Cannabis Delivery License.
[Added 7-15-2021 by Ord. No. 597-2021; amended 6-20-2024 by Ord. No. 628-2024]
There shall be an unlimited number of Class I, Class II, Class III, Class IV and Class VI licenses. There shall be permitted two Class V licenses.
[Added 7-15-2021 by Ord. No. 597-2021; amended 6-20-2024 by Ord. No. 628-2024]
a.
Persons wishing to obtain any classification of cannabis license shall file a license application with the Clerk, on a standardized form established by the Clerk and available in the Clerk's office. The Clerk shall establish a reasonable application period and deadline for all applications. An application shall be deemed incomplete, and shall not be processed by the Clerk, until all documents and application fees are submitted. To be deemed complete, all applications shall be accompanied by the following:
1.
The applicant shall submit proof that the applicant has or will have lawful possession of the premises proposed for the Cannabis Establishment, which proof may consist of: a deed, a lease, a real estate contract contingent upon successful licensing, or a binding letter of intent by the owner of the premises indicating an intent to lease the premises to the applicant contingent upon successful licensing.
2.
The applicant shall submit an affidavit and documentary proof of compliance with all state and local laws regarding affirmative action, anti-discrimination and fair employment practices. The applicant shall also certify under oath that they will not and shall not discriminate based on race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations.
3.
The location proposed for licensing by the applicant shall comply with all applicable municipal zoning laws and the location restrictions set forth in or otherwise to be established pursuant to this section or other controlling law.
4.
The applicant shall submit, to the satisfaction of the Clerk, proof of financial capability to open and operate the Cannabis Establishment for which the applicant is seeking a license. Standards for proof of financial capability shall be determined by the Mayor.
5.
The applicant shall submit all required nonrefundable fees for the application and conditional license in accordance with the following fee schedule:
(a)
Class I: $1,000 Cannabis Cultivator License.
(b)
Class II: $1,000 Cannabis Manufacturer License.
(c)
Class III: $1,000 Cannabis Wholesaler License.
(d)
Class IV: $1,000 Cannabis Distributor License.
To the extent of any difference, Medical Cannabis cultivator and Medical Cannabis distributor application fee shall be $1,000 per license. |
(e)
Class V: $1,000 Cannabis Retail License.
(f)
Class VI: $1,000 Cannabis Delivery License.
6.
The applicant shall submit all annual registration fees required in accordance with the following fees schedule, which shall be refunded in the event the applicant does not receive a license:
(a)
Class I: $15,000.00 per year Cannabis Cultivator License.
(b)
Class II: $15,000.00 per year Cannabis Manufacturer License.
(c)
Class III: $15,000.00 per year Cannabis Wholesaler License.
(d)
Class IV: $15,000.00 per year Cannabis Distributor License.
(e)
Class V: $15,000.00 per year Cannabis Retail License.
(f)
Class VI: $15,000.00 per year Cannabis Delivery License.
[Added 7-15-2021 by Ord. No. 597-2021]
a.
In addition to complying with any State requirement related to good character and criminal background, any person proposed to have an ownership interest in the license shall not have had any cannabis license or permit revoked for a violation affecting public safety in the State of New Jersey or a subdivision thereof within the preceding five years.
1.
The applicant and the application shall otherwise comply with any, and all qualification standards set forth in the State and Borough laws or regulations.
2.
In the event there are multiple applicants for a license, the Mayor shall evaluate all applicants and issue a notification of award after consideration and evaluation of the following criteria:
(a)
Applicant's owners' or principals' qualifications and experience operating in highly regulated industries, including cannabis, healthcare, pharmaceutical manufacturing, and retail pharmacies, with preference to experience operating such businesses within the State of New Jersey;
(b)
Applicant's qualifications and experience related to public safety and security, including any of the applicant's owners' or principals' experience in law enforcement and drug enforcement, and a summary of the applicant's plans for storage of products and currency, physical security, video surveillance, security personnel, and visitor management;
(c)
Applicant's or its owners' demonstrated commitment or sufficient experience as responsible employers, defined as the applicant entity being a party to a collective bargaining agreement in the regulated cannabis industry for at least one year prior to application for a Cannabis Establishment license, in an effort to create well-paying jobs with employee benefits;
(d)
Summary of the applicant's environmental impact and sustainability plan; whether the applicant entity or its parent company has any recognitions from or registrations with federal or New Jersey state environmental regulators for innovation in sustainability.
(e)
Applicant's demonstrated commitment to diversity in its ownership composition and hiring practices and whether the applicant entity or its parent company holds any certifications as a NJ minority-owned, women-owned, or veteran-owned business.
3.
Notwithstanding the foregoing competitive application process, a notification of award and conditional municipal license shall entitle the recipient applicant to pursue a State permit or license in the appropriate classification for up to 30 days, which may be extended in the Mayor's discretion for an additional 30 days for good cause. No license to operate shall issue until the applicant has received a State permit and satisfied other prerequisites of municipal licensure. If the recipient of a notice of award and conditional license has not received a State permit or license within 60 days from issuance, unless extended for good cause, the Clerk shall issue a new request for applications and evaluate all applicants for licensure under the above criteria.
[Added 7-15-2021 by Ord. No. 597-2021; amended 6-20-2024 by Ord. No. 628-2024]
a.
Any local license issued pursuant to this section shall be valid for a period of one year from the date of issuance and shall be renewed in accordance with the provisions of this section.
b.
The Clerk may, at his/her discretion, adjust the renewal date of the local license to correlate with an applicant's State licensing and renewal schedule.
c.
Renewal of any license shall be governed by any Code amendments, additional restrictions or changes in regulations adopted since the previous license was issued or renewed.
d.
Except where the Clerk has received a complete renewal application along with the requisite fees, and has issued a license renewal, it shall be unlawful for any person to manufacture, sell, distribute, transfer, transport, or otherwise remove cannabis or cannabis products from the premises of any license after the expiration date recorded on the face of the license.
e.
No license shall be transferable without the express approval of the Borough and the submission of a new application and all fees set forth for new applications.
[Added 7-15-2021 by Ord. No. 597-2021]
a.
Regulatory/Administrative actions. Procedures for investigation of license violations and for suspension, revocation, or other licensing sanctions as a result of any such violation shall be as follows:
b.
Summary Suspension. Notwithstanding the foregoing section, when the Clerk has reasonable grounds to believe that a licensee has engaged in deliberate and willful violation of any applicable law or regulation, or that the public health, safety, and/or general welfare has been jeopardized and requires emergency action, the Clerk may enter a summary suspension order for the immediate suspension of such license pending further investigation.
1.
The summary suspension order shall be in writing and shall state the reasons therefore. The licensee shall be afforded an opportunity for a hearing as outlined herein.
2.
The Clerk shall convene a review panel consisting of the Mayor and members of the Governing Body of the Borough, The hearing shall be held within 30 days of the date of the order.
3.
The review panel is authorized to impose any fines, conditions, restrictions, suspensions, or combination thereof authorized by the State of New Jersey. In the absence of State specified penalties, the Borough may issue fines in accordance with section a. herein above, place conditions upon the operation of the license and/or suspension of license for a period not to exceed six months.
c.
Inactive Licenses. Following the issuance of a municipal license, the Clerk may suspend or revoke any license if the licensed premises have been inactive or unoccupied by the licensee for at least 30 days.
d.
State License. The Clerk may suspend or revoke any license if the corresponding State license or permit for the subject location is expired, surrendered, suspended, or revoked.