[Ord. No. 89-08 A.I]
shall mean any lawful means of earning a livelihood by profession,
place, or places, premises, or vehicle in which or at which such profession,
trade, calling or occupation is carried on or conducted.
shall mean a person who sells goods or services, the proceeds
of which are devoted exclusively to the purposes of a philanthropic,
charitable, or religious society on whose behalf he acts as an agent
without pay.
[Ord. No. 89-08 § II; Ord. No. 2022-09; amended 12-15-2022 by Ord. No.
2022-13]
a.
It shall
be unlawful for any person hereinafter designated to operate a business
within the Borough without first registering and obtaining a license
and paying the license fee prescribed therefor.
b.
The owner
of a business shall maintain liability insurance for negligent acts
and omissions in an amount of no less than $500,000 for combined property
damage and bodily injury to or death of one or more persons in any
one accident or occurrence.
c.
Exemptions from License. The requirement of this section
shall be held not to include: (1) those persons specifically exempt
from payment of license fees as provided by State or Court order.
[Ord. No. 89-08 § III]
a.
Each person
shall make written application for a license and furnish therein such
information as may be required by the Council.
b.
Upon the
filing with the Municipal Clerk as provided in paragraph a. of this
subsection and the payment of the license fee herein prescribed and
a compliance with the other regulations, the Municipal Clerk shall
within fourteen (14) days after application is filed, issue a license
to the applicant and the license shall specify by name the person,
firm, or corporation to which it shall be issued, the business, trade,
or profession or calling for which it is granted, and the location
at which such business, manufacture, trade, profession, or calling
is to be carried on.
c.
No license
or renewal shall be issued to a person not of good moral character.
If applicant is not an individual, these provisions shall apply to
its officers and managers.
d.
Referral and Inspections.
1.
Upon the
receipt of an application for a license or permit, the Municipal Clerk
shall refer such application to the Code Enforcement Official for
a physical inspection of the premises for which the license or permit
is to be issued. The officer charged with making the investigation
and inspection shall make a report thereon, favorable or otherwise,
within ten (10) days after receiving the license or permit application.
The inspection shall be made to ensure that the operation of this
business will not endanger the health, welfare, or safety of the general
public, and that the business and premises comply with all applicable
ordinances of the Borough, codes, regulations and Statutes of the
State of New Jersey. To this end, the inspection shall specifically
cover the care and handling of food (if applicable) and preventing
of nuisances and the spread of disease (health); compliance with the
building and zoning codes; and compliance with reasonable fire prevention
standards (i.e., no potential fire hazard within the premises).
2.
If the
applicant's premises are found not to conform with the standards herein
enumerated, the Municipal Clerk shall notify the applicant that the
application will be denied. Such notification shall be written and
shall state the reasons for such refusal and advising the steps that
should be taken so that a permit or license could be issued.
e.
No license
shall be issued to any person who has not complied with the laws of
the State of New Jersey or the ordinances of the Borough providing
for the regulations respecting the life, property, health, or safety
of persons who may have occasion to use the premises, place or things
licensed; and in case any person licensed fails to comply with such
laws or regulations after ten (10) days thereafter, the Council and
Clerk, acting as Mercantile Licensing Officer, may revoke the license.
Where the approval of the County Board of Health, Police Department,
Code Enforcement Officer or other department is necessary, no license
shall be issued for the conduct of a business until satisfactory evidence
of such approval is submitted to the License Officer.
No license provided for by this section shall be transferred
from one (1) person to another person and no license shall cover any
other place of business other than that for which it was issued.
f.
All licenses
for established businesses shall be due and payable on the thirty-first
day of January each year payable at the Borough Hall. No license shall
be granted unless the license fees under this section have been paid
in full to the Municipal Clerk; and no license shall be issued for
any fractional portion of the year except as otherwise provided in
this section.
g.
It shall
be a condition of the issuance of any and all licenses under this
section that the business shall be used and operated only for lawful
purposes and not in violation of any regulations, including zoning
regulations of the Borough.
h.
Each license
issued under the provisions of this section shall state upon its face
the following:
i.
1.
There
shall be kept in the office of the Municipal Clerk the necessary books
or files for recording the time the application for license is received,
the classification of such license, whether new or renewed, the name
and business address of the licensee, the date the license was issued,
the regular blank form number of license, and the amount of fee received.
2.
The Municipal
Clerk shall file an annual report with the Borough Council showing
the number of licenses granted and the amount of fees, if any, and
the reasons for any suspension. The quarterly report shall be cumulative
during the course of the year so that each report shall summarize
the action of all preceding quarters of the current year.
j.
Applications
for renewal of a license shall follow the same procedure as is outlined
for an original application.
|
On transfer of location of a licensed business to a new location
with the Borough, or on the sale of a going business remaining in
the Borough, licenses may be transferred, provided the annual license
fee for the year has been paid and a transfer fee of fifty ($50.00)
dollars is to be paid to the Municipal Clerk.
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[Ord. No. 89-08 § IV]
a.
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 during regular business
hours.
2.
Permit
access to the licensed premises at all reasonable times by the Municipal
Clerk, or his designated agent.
3.
Ascertain
and at all times comply with all laws and regulations applicable to
such licensed business.
4.
Avoid
all forbidden, improper, unlawful or unnecessary practices, businesses
or conditions which do or may affect the public health, morals, or
welfare.
5.
Refrain
from operating the licensed businesses on premises after expiration
of his license and during the period when his license is revoked or
suspended.
6.
Post and
maintain his license upon the licensed premises in a place where it
may be seen at all times.
7.
Not lend,
sell, give, or assign to any other person to use and display, or destroy,
damage or remove, or have in his possession, any license or insignia
which has been issued to the licensee except as authorized by the
Municipal Clerk by law.
b.
Every person
holding a license under this section shall be required to carry the
license with him or keep the license posted in a conspicuous place
on the business premises.
[Ord. No. 89-8 § V; Ord. No. 04-07; Ord. No. 2016-03; amended 12-15-2022 by Ord. No. 2022-13]
[Ord. No. 89-08 § VI]
a.
The Borough
Council shall have the authority to require the County Board of Health,
Police Department, or any other subcode officials or departments of
the Borough or of the County of Ocean to make such investigations
as are necessary to the proper enforcement of this section.
b.
The Borough
Council shall have the authority to use the County Health Inspector,
other subcode officials, or the Police Department as is necessary
to execute and enforce all the regulations prescribed in this section.
[Ord. No. 89-08 § VII; New]
a.
Suspension of Licenses. A license may be suspended by the
Municipal Clerk or by the Borough Council by reason of the violation
of the terms of the license, the violation of any municipal ordinance,
State or Federal Statute, or falsification in applying for a license.
No license shall be suspended for more than two (2) weeks without
hearing by the Borough Council.
b.
Revocation of Licenses.
1.
General
Standards. Any permit or license granted or issued pursuant to this
section may be revoked by the Borough Council after notice and hearing
for any of the following causes:
(a)
Any
fraud, misrepresentation, or false statement contained in the application
for license.
(b)
Any
fraud, misrepresentation, or false statement made in connection with
the selling of goods, wares, or merchandise.
(c)
Any
violation of this section.
(d)
Conviction
of the licensee of any felony or of a misdemeanor involving moral
turpitude.
(e)
Conducting
the business licensed under this section, through applicant himself,
or any of his agents, servants, or employees in any unlawful manner
or in such a manner as to constitute a breach of the peace or to constitute
a menace to the health, safety, or general welfare of the public,
or any other violation of the terms of the license.
(f)
The
violation of any municipal ordinance, State or Federal statute or
falsification in applying for a license.
2.
Periodic
Inspections; Right of Entry, Revocation.
(a)
To
ensure that the health, welfare, and safety of the community will
not be endangered by the activities of any business conducted within
the Borough, periodic inspections of all such premises shall be made.
(b)
It
shall be the duty of the licensee, or the person in charge of the
premises to be inspected, to admit for the purpose of making the inspection
any officer or employee of such Borough who is authorized to make
such inspections at any reasonable time that admission is requested.
(c)
The subject and concern of such inspection shall be the same as was set forth in subsection 4-1.3. If any violations are found, the licensee shall be given five (5) days to correct such violations. If at the end of that period such violation still exists, then the license or permit for the operation of such business shall be revoked.
c.
Notice of Hearing. Notice of hearing for revocation of license
under the provisions of paragraph b. preceding, shall be given in
writing by the Municipal Clerk, setting forth specifically the grounds
of complaint and the time and place of the hearing. Such notice shall
be mailed by certified mail to the licensee at his address indicated
on his license application at least ten (10) days prior to the date
set forth for the hearing.
d.
Complaints. In addition to the provisions for revocation,
the Municipal Clerk, Chief of Police, any Police Officer, or any taxpayer
or resident of the Borough may make complaint in the Municipal Court
for any violation of this section, any article, section, paragraph,
or provisions thereof.
[Ord. No. 89-08 § VIII]
a.
Generally.
1.
Upon the
revocation, suspension, or refusal to issue a license, the party concerned
shall be given notice that he has the right to appeal such refusal,
suspension, or revocation to the Borough Council upon written request,
who shall then be the final judge as to whether or not the license
shall be revoked, suspended, or shall issue. A full report of the
reasons for refusal, suspension, or revocation shall be made available
to the licensee and copies shall be provided to the Mayor and Council.
In considering the appeal of the licensee, the Mayor and Council shall
give due regard to the seriousness of the violations; the good faith,
efforts, or lack thereof, by the licensee to remedy such violations;
and the reasonable time period necessary to correct such violation.
2.
The Mayor
and Council shall have the power to issue any license and to stay
any revocation or cancel any suspension and provide a reasonable period
within which the licensee shall correct the violations of which he
was charged.
[Ord. No. 89-08 A.IX; New]
[1973 Code § 4-1.1]
It is unlawful for any person to conduct a retail food establishment
as defined in and governed by Chapter 24, Sanitation in Retail Food
Establishments and Food and Beverage Vending Machines, N.J.A.C. 8:24-1.1
et seq., without first procuring a license from the Municipal Clerk
to do so or without complying with any or all of the provisions concerning
operation and maintenance of the same as contained in the aforementioned
Chapter 24, Sanitation in Retail Food Establishments and Food and
Beverage Vending Machines.
[1973 Code § 4-1.2; Ord. No. 7/2/80; New]
The fees for licensure of retail food establishments are hereby
fixed as follows: retail food establishment, permanent local—two
hundred ($200.00) dollars.
[1973 Code § 4-1.3]
a.
Any license
issued under the terms and provisions of this section may be suspended
or revoked by the County Board of Health or the Municipal Clerk for
the violation by the licensee of any provision of this section or
the Chapter 24, Sanitation in Retail Food Establishments and Food
and Beverage Vending Machines, or whenever it shall appear that the
business, trade, calling, profession or occupation of the person,
to whom such license was issued, is conducted in a disorderly or improper
manner, or in violation of any law of the United States, the State
of New Jersey, or any ordinance of the Borough, or that the person
conducting the retail food establishment is of an unfit character
to conduct the same, or that the purpose for which the license has
been issued is being abused to the detriment of the public, or is
being used for a purpose foreign to that for which the license was
issued.
b.
A license
issued under this section shall not be finally revoked, canceled,
or suspended until a hearing is held by the Governing Body. Written
notice of the time and place of such hearing shall be served upon
the licensee at least three (3) days prior to the date set for such
hearing. Such notice shall also contain a brief statement of the grounds
to be relied upon for revoking, canceling, or suspending such license.
Notice may be given either by personal delivery thereof to the person
to be notified or be deposited in the United States Post Office in
a sealed envelope, postage prepaid, addressed to such person to be
notified at the business address appearing upon the license. At the
hearing before the Governing Body the person aggrieved shall have
an opportunity to answer and may thereafter be heard, and upon due
consideration and deliberation by the Governing Body, the complaint
may be dismissed, or if the Council concludes that the charges have
been sustained and substantiated, it may revoke, cancel, or suspend
the license held by the licensee.
c.
If any
such license is revoked, neither the holder nor any person acting
for him, directly or indirectly, shall be entitled to another license
to carry on the same business within the Borough unless the application
for such license is approved by the Governing Body.
[1973 Code § 4-1.4]
No provision of this section shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the State or Federal Government.
[1973 Code § 4-3.9; revised
with the adoption of this Code]
Junk yards shall be prohibited in the Borough of Lakehurst.
[1973 Code § 4-4.1]
A number of business establishments conducting a laundromat
or other similar establishment furnishing a service to the public
for the washing of clothes or laundry of any nature, is hereby limited
to three (3).
[1973 Code § 4-4.2; New]
The Governing Body shall be authorized by resolution to restrict
the number of washing machines to be used in connection with any such
establishment authorized to do business within the limitations herein
imposed.
[Ord. No. 7/2/80; New]
Coin Operated Laundromats, per machine:
|
Laundromats
|
$7.00 Yearly
|
[Ord. No. 00-07 § 4-5.1]
The purpose of this section is to establish an alarm permit
system in order to prevent response by public safety forces to unjustifiable
false alarms and to minimize related threats to public safety which
can result from the irresponsible installation and operation of such
systems.
[Ord. No. 00-07 § 4-5.2]
As used in this section:
shall mean any fire alarm, burglar alarm, or other device
designed and employed for the purpose of detecting a condition, which
may be harmful to any property or person.
shall mean any alarm system so designed as to transmit a
signal, which is audible outside of the alarmed premises. This definition
specifically excludes smoke detectors designed to warn persons inside
of the alarmed premises.
shall mean the year commencing on January 1 and ending on
December 31.
shall mean alarm devices, which utilize conventional office
telephone lines to transmit alarm messages to the Ocean County Sheriff's
Department Dispatch Center/Lakehurst Police Department.
shall mean any alarm, as defined in this section, which is
activated by inadvertence, negligence, or unintentional act of someone
other than an intruder, and includes as well, alarms activated by
malfunctioning of the alarm device or other equipment. This definition
shall include alarms caused by hurricanes, earthquakes, storms, or
other conditions of nature.
shall mean alarm system, whereby a signal is sent to a contractor
who transmits the occurrence of an alarm to the Ocean County Sheriff's
Department Dispatch Center/Lakehurst Police Department.
[Ord. No. 00-07 § 4-5.3]
a.
Prohibition. No person shall operate an audible alarm, dial
alarm, or third party alarm with the Borough without first obtaining
an appropriate permit. One (1) permit shall be required per household,
or business per premises for burglar alarms and/or fire alarms.
b.
Contents for Permit. Each application for an alarm system
permit shall contain the following:
1.
Name,
address, and telephone number of applicant.
2.
Name,
address, and telephone number of owners of premises, if other than
the applicant.
3.
Name,
address, and telephone number of sufficient personnel acquainted with
the alarm system who can be contacted in the event of an emergency.
4.
Type of
device.
5.
Names
of installer.
6.
Required
fees.
|
It shall be the responsibility of the permit holder to inform
the Chief of Police in writing of any changes in the above information
which may occur over time.
|
c.
Issuance of Permit. Permits shall be issued by the Chief
of Police upon the finding that the applicant has conformed to the
requirement of this section.
d.
Revocation. Permits may be revoked by the Mayor and Council
after an administrative hearing by the Public Safety Committee for
failure to comply with the requirements of this section, for negligence
in the operation of an alarm system, or for improper installation
of an alarm system. Revocation of a permit shall result in the disconnection
of alarm.
[Ord. No. 00-07 § 4-5.4]
a.
Permit Fees. The fee for a one (1) time permit required
under this section shall be fifteen ($15.00) dollars.
[Ord. No. 00-07 § 4-5.5]
a.
The permit
holder or, in his absence, the manager or person in charge shall be
responsible for resetting activated alarms upon being notified to
do so by the Police Department. Audible alarms shall be designed to
reset within twenty (20) minutes of initial activation, and dial alarms
shall have a minimum duration of twenty-five (25) seconds.
b.
Failure to Respond to Reset. The failure of a permit holder
or a person responsible for the management and supervision at the
alarm location to respond to reset an alarm shall result in a service
fee of twenty-five ($25.00) dollars. This fee shall be in addition
to any fee assessed for excess false alarms.
[Ord. No. 00-07 § 4-5.6]
It shall be a violation of this section for any person to incur
more than five (5) false alarms on any one (1) system during a calendar
year.
[Ord. No. 00-07 § 4-5.7; New]
Any person violating subsection 4-5.6 shall be fined for each excess false alarm incurred:
|
1st
|
One hundred ($100.00) dollars
|
|
2nd
|
Two hundred fifty ($250.00) dollars
|
|
Each additional
|
Five hundred ($500.00) dollars
|
[Ord. No. 00-07 § 4-5.8]
The Fire Official shall enforce provisions of this section pertaining
to excess fire alarms. All other provisions of this section shall
be enforced by the Police Department.
[Ord. No. 12-18-80; Ord. No. 2010-07; Ord.
No. 2014-06]
[Ord. No. 2014-06]
The purpose and intent of this section is to assist law enforcement
officials and victims of crime in recovering stolen precious metals
and other secondhand goods by requiring minimum identification, reporting,
maintenance and distribution criteria for licensed dealers in these
goods.
No person shall use, exercise, or carry on the business, trade,
or occupation of the buying, selling, or pawning of precious metals
or other secondhand goods without complying with the requirements
of this section in the exact manner described herein.
[Ord. No. 2014-06]
means a current valid New Jersey Driver’s License or
Identification Card, a current valid photo driver’s license
issued by another US state, a valid United States Passport, or other
verifiable US Government issued identification, which will be recorded
on the receipt retained by the dealer and subsequently forwarded to
the local police department on request.
means any person, partnership, limited liability company,
corporation, or other entity who, either wholly or in part, engages
in or operates any of the following trades or businesses: the buying
for purposes of resale of precious metals, jewelry, or other secondhand
goods as defined herein; pawnbrokers as defined herein; itinerant
businesses as defined herein. For the purposes of this section, transient
buyers, as defined herein, are subject to the same licensing and reporting
requirements as any other dealers.
means a dealer who conducts business intermittently within
the municipality or at varying locations.
means the statutory officer whose duties are defined in N.J.S.A.
40A:9-133 and may refer to the duly appointed clerk of the “city,”
“town,” “township,” “village,”
or “borough.”
means any person, partnership, association or corporation:
lending money on deposit or pledge of personal property, other than
choses 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 warehousemen
and lending money on goods, wares or merchandise pledged or deposited
as collateral security.
means gold, silver, platinum, palladium, and their alloys
as defined in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.
means individuals and retail sellers, not to include wholesale
transactions or transactions between other merchants.
means every transaction conducted between a dealer and a
member of the public in which precious metals, jewelry, or any other
secondhand goods as defined herein are purchased or pawned.
means used goods such as antiques, gold, silver, platinum,
or other precious metals, jewelry, coins, gemstones, gift cards, any
tools, telephones, typewriters, word processors, GPS devices, computers,
computer hardware and software, television sets, radios, record or
stereo sets, electronic devices, musical instruments, sporting goods,
automotive equipment, collectibles, game cartridges, DVDs, CDs, and
other electronically recorded material, firearms, cameras and camera
equipment, video equipment, furniture, clothing, bric-a-brac and other
valuable articles. All such dealers in such goods shall obtain a mercantile
license as provided for by Municipal Code. For the purposes of this
section, secondhand goods shall not include goods transacted in the
following manner: (i) judicial sales or sales by executors or administrators;
(ii) occasional or auction sales of household goods sold from private
homes; (iii) auctions of real estate; (iv) the occasional sale, purchase,
or exchange of coins or stamps by a person at his permanent residence
or in any municipally owned building who is engaged in the hobby of
collecting coins or stamps and who does not solicit the sale, purchase,
or exchange of such coins or stamps to or from the general public
by billboard, sign, handbill, newspaper, magazine, radio, television,
or other form of printed or electronic advertising.
means a member of the public who sells or pawns used goods
such as precious metal, jewelry, or other secondhand goods to a dealer.
means a dealer, as defined herein, who has not been in a
registered retail business continuously for at least six (6) months
at any address in the municipality where the Dealer is required to
register or who intends to close out or discontinue all retail business
within six (6) months.
[Ord. No. 2014-06]
No person, partnership, limited liability company, corporation, or other entity shall engage in the business of buying, selling, or pawning of precious metals or other secondhand goods, as defined above, within the jurisdiction of the municipality, without having first obtained a license therefore from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in subsection 4-6.2 above are being bought in any location within the municipality shall constitute engaging in business as a dealer of secondhand goods for purposes of this section. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this section and shall be subject to the penalties established in subsection 4-6.9.
[Ord. No. 2014-06]
a.
Upon receipt
of an application completed pursuant to this section, the Municipal
Clerk shall refer such application to the Chief of Police, who shall
make an investigation of the prospective licensee, pursuant to this
section for the purpose of determining the suitability of the applicant
for licensing. The investigation shall include, but shall not be limited
to the following:
1.
The experience of the applicant in the business of purchase and sale of those articles or goods referred to in subsection 4-6.2 above, although nothing in this section shall be construed to warrant denial of a license solely on the basis of lack of experience;
2.
The reputation
of the applicant for fair dealing in the community, which shall be
made among credible sources, which sources shall be disclosed to the
applicant in the event of a denial of any license;
3.
Any criminal
record of the applicant including any past convictions for any crime(s),
disorderly persons offense(s), or municipal ordinance violation(s)
within this or any other jurisdiction. The Chief of Police may, as
part of the application process, require a fingerprint criminal background
check through the Federal Bureau of Investigation, Criminal Justice
Information Services Division, which may require an additional fee
from the applicant.
4.
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious metal or other secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business, however applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by subsection 4-6.6d of this chapter will be stored as well as the location where purchased goods will be retained during the mandatory inspection period required under subsection 4-6.6a.
b.
The Chief
of Police shall complete any investigation pursuant to this section
within thirty (30) days of the submission of the application to the
Municipal Clerk, fully completed by the applicant. If a criminal record
check has been requested within the thirty-day period and has not
been received by the Chief of Police within that period, the Chief
of Police may, if all other factors are satisfactory, recommend a
conditional issuance of the license subject to the finding regarding
criminal record.
c.
The Chief
of Police shall, upon completion of the investigation, recommend “grant”
or “denial” of the license to the Municipal Clerk, who
shall grant or deny the license. Any recommendation of the Chief of
Police shall be in writing and, in the case of a recommendation of
denial, shall state fully and specifically the reasons for said recommendation.
If the Municipal Clerk accepts the recommendation of the Chief of
Police to deny any license, the applicant shall be notified in writing
within ten (10) days of such denial and the Clerk shall forward to
the applicant a statement of the reason or reasons for such denial.
d.
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in subsection 4-6.5, the retention and inspection requirements of subsection 4-6.6, or any other portion of this chapter. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by subsection 4-6.7 of this section.
e.
Whenever
any application for a permit is denied, the applicant shall be entitled
to a hearing before a three-person panel appointed by the Chief of
Police, with the consent of the Governing Body, at which time the
applicant shall be permitted to introduce such evidence as may be
deemed relevant to such denial. Any applicant exercising the right
to appeal must file a written notice of appeal within ten (10) days
of receiving written notice of denial of a license to act as a dealer
of secondhand goods.
f.
No license
shall be assignable by the dealer.
[Ord. No. 2014-06]
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
a.
Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in subsection 4-6.2.
b.
Require
each seller to execute a “Declaration of Ownership,” which
shall contain the following certification: “My signature confirms
that I am the sole legal owner of and am legally authorized to sell
the goods being sold. By signing below, I certify that I did not obtain
and do not possess the identified goods through unlawful means. I
am the full age of eighteen years and the identification presented
is valid and correct.”
c.
Record
and issue to each person selling or pawning such goods on a sequentially
numbered receipt:
1.
The name,
address, and telephone number of the purchaser, including the clerk
or employee of the licensee making the purchase;
2.
The name,
address, date of birth, and telephone number of the seller or sellers;
3.
A photographed
recording of the seller in a format acceptable to the Chief of Police,
along with a physical description of the seller, including height
and weight (approximate), hair color, eye color, facial hair, if any,
etc.;
4.
A photographed recording of the seller’s presented acceptable identification, as set forth in subsection 4-6.2, in a format acceptable by the Chief of Police;
5.
A photographed
recording of all items sold in a format acceptable by the Chief of
Police. When photographing, all items must be positioned in a manner
that makes them readily and easily identifiable. Items should not
be grouped together when photographing or imaging. Each item should
have its own photograph;
6.
The receipt
number;
7.
A detailed,
legible description of the item(s) and the manufacturer and model
of the item(s) if known; in the case of jewelry, the descriptions
must include style, length, color, design, and stones, if any; any
identifying marks, including numbers, dates, sizes, shapes, initials,
names, monograms, social security numbers engraved thereon, serial
numbers, series numbers, or any other information, which sets apart
the particular object from others of like kind;
8.
The price
paid for the purchase or pawn of the item(s);
9.
If precious
metals, the net weight in terms of pounds Troy, pennyweight (Troy)
or kilograms/grams; fineness in terms of karats for gold, and sterling
or coin for silver, in accordance with N.J.S.A. 51:5-1, N.J.S.A. 51:6-1
et seq.;
10.
The
time and date of the transaction.
d.
The information
outlined in paragraph c. above, must additionally be electronically
documented through the use of an electronic database system authorized
by the Chief of Police. Installation and training in this software
will be made mandatory as of the effective date of this chapter and
licensing will be conditional upon compliance with proper use of the
system as described herein. These records shall be subject to the
inspection of any authorized police officer or any sworn law enforcement
officer acting in the performance of their duty as set forth in paragraph
f. below. Through the use of applicably required computer equipment,
and using the electronic format approved by the Chief of Police, every
dealer shall enter all reportable transactions into the electronic
database by the end of the close of business on the same date as the
purchase or receipt of property for pawn or consignment. The information
entered must contain all pertinent information outlined in paragraph
c. above.
e.
In the event of a database failure, or dealer’s computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within twenty-four (24) hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in paragraph c. above into the database as soon as possible upon the dealer’s equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and subsequently being subject to the penalties for doing so including revocation of the dealer’s license as described in subsection 4-6.6.
f.
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 police department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of precious metals or other secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in subsection 4-6.6. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where these records and articles will be stored.
[Ord. No. 2014-06]
a.
All precious metals and other secondhand goods purchased, received for pawn, or received for consignment as described above, are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least seven (7) calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in subsection 4-6.5 except for jewelry, which must be maintained for at least ten (10) business days or for the statutory period provided in N.J.S.A 2C:21-36(d). All precious metal or other secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the seven-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are being held.
b.
Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by subsection 4-6.5b. upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the “victim” of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c.
If market
conditions would create a hardship on the dealer by holding precious
metals or other secondhand goods for such period, the dealer may present
the property to the Chief of Police in order that it may be photographed
and, if deemed necessary by the Chief of Police, an investigation
may be implemented. The Chief of Police shall have the authority to
grant the dealer a waiver of the requirement under this section.
d.
In addition to all other reporting requirements, every dealer shall maintain for at least five years, a written record of all purchases of precious metals and other secondhand goods in the form prescribed in subsection 4-6.5c.
e.
No dealer
shall purchase any item covered by this section from any person under
the age of 18 or in the absence of providing prior notification of
such purchase to the Chief of Police or business designee identifying
the individual from whom such purchase is to be made and the item
to be purchased.
f.
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer’s license and rights to operate there under. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to subsection 4-6.9.
1.
Grounds
for suspension. The following shall constitute grounds for suspension:
violation of any provisions of this section, including failure to
comply with any training or fees associated with the electronic database
software system in use by the municipality; violation of any other
statute, regulation, or local ordinance; or any other illegal, improper,
or fraudulent activity.
2.
Procedure
for suspension. Upon determination that appropriate grounds exist
and that a suspension is warranted, the Chief of Police or a designee
thereof shall issue a written notice of suspension of license to the
offending dealer and to the Municipal Clerk, which shall set forth
the grounds for the suspension and notify the dealer of his or her
right to appeal pursuant to paragraph h. A temporary suspension shall
issue immediately, pending the outcome of any appeal taken. Suspended
dealers must immediately cease engaging in the business of purchasing
for resale, receiving for pawn, and/or selling of precious metals
and/or other secondhand goods in the municipality until reinstatement.
3.
Reinstatement.
Suspended dealers may be reinstated only when the grounds leading
to the suspension have, in the determination of the Chief of Police
or the Chief’s designee, been cured, corrected, or appropriately
rectified; or if reinstatement is deemed appropriate by the three-person
panel, upon the timely filing of an appeal as provided in paragraph
h.
g.
Revocation. A license issued under this section may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or the Chief’s designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this chapter. This penalty shall be in addition to any fines and penalties the dealer may incur under subsection 4-6.9.
1.
Grounds
for revocation. The following shall constitute grounds for revocation:
a third violation under this section; a second violation under this
section less than one year after an earlier violation under this section;
conviction for a criminal offense within this or any jurisdiction;
or multiple violations of any other regulations or local ordinances
within this or any jurisdiction.
2.
Procedure
for revocation. Upon a determination that appropriate grounds exist
and that a revocation is warranted, the Chief of Police of the Chief’s
designee shall so report to the Municipal Clerk in writing. A temporary
suspension will immediately and automatically issue, if one is not
already in effect, pending the outcome of the charge. A three-person
panel, appointed by the Chief of Police, with the advice and consent
of the Governing Body shall review the stated grounds for revocation
and the panel shall issue an appropriate disposition of either suspension,
revocation, or reinstatement. If the panel determines that revocation
is the appropriate disposition, it shall set forth the grounds for
the same in writing in the form of a notice of revocation, which shall
be provided to the dealer. The notice shall advise the dealer of the
right to appeal. If the panel determines that suspension is the appropriate
disposition, it shall provide the dealer with a notice of suspension
that shall advise the dealer of the right to appeal. Following revocation,
the dealer must relinquish his or her license and must immediately
and indefinitely cease operating as a dealer of precious metals or
other secondhand goods within the municipality.
h.
Appeal.
Any applicant wishing to appeal an issuance of a suspension or revocation
shall be entitled to a hearing before a three-person panel, appointed
by the Chief of Police, at which time the applicant shall be permitted
to introduce such evidence as may be deemed relevant to such suspension
or revocation. Any applicant exercising the right to appeal must file
a written notice of appeal within ten (10) days of receiving written
notice of revocation or suspension of license.
i.
A dealer
shall have the right to change the location of the licensed business,
provided that he or she notifies the Municipal Clerk, in writing,
of the street address of said new location.
[Ord. No. 2014-06]
Each dealer covered under this section shall deliver a bond
to the Municipal Clerk executed by the applicant as principal and
executed by a surety company authorized to do business under the laws
of the State of New Jersey as surety. The bond shall be subject to
review and approval by the Municipal Attorney, as defined in N.J.S.A.
40A: 9-139, and shall be in the penal sum of ten thousand ($10,000)
dollars, conditioned for the due and proper observance of and compliance
with the provisions and requirements of all ordinances of the municipality
in force or which may be adopted respecting the conduct of this business
and conditioned also that the bond shall be and remain for the benefit
of any person or persons who shall have received judgment against
the dealer licensed under this section, which damage shall be established
by a judgment of a court of proper jurisdiction. Said bond shall contain
the following language: “The obligation of this bond shall,
in addition to the Borough of Lakehurst, be and remain for the benefit
of any person who shall obtain a judgment against obligor as a result
of damage sustained in operation pursuant to any license granted under
this section.” Said bond shall be kept for a minimum of one
year from the date of issuance of license and must be renewed annually
along with the license.
[Ord. No. 2014-06]
A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this section, is three hundred ($300) dollars. The annual renewal fee for a license is two hundred fifty ($250) dollars. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by subsection 4-6.5. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from the date of its issuance.
[Ord. No. 2014-06]
Violation of any provision of this section by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding ninety (90) days in addition to a suspension or revocation of operating license as provided in subsection 4-6.9f. and g. above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section 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 fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in subsection 4-6.6g. 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 section.
[Ord. No. 2014-06]
a.
Any person,
partnership, limited liability company, corporation, or other entity
engaging in the business of a pawnbroker, or a dealer in precious
metals or other secondhand goods shall conform to the provisions of
this section within ninety (90) days following the effective date
of this section.
b.
Nothing
contained in this section is intended to replace any pre-existing
statutory requirements governing pawnbrokers, as in N.J.S.A. 45:22-1
et seq., the sale of precious metals as in N.J.S.A. 51:6A-1 et seq.,
the sale of secondhand jewelry as in N.J.S.A. 2C:21-36 et seq., or
any other statutory provision regarding any subject matter discussed
herein.
[Ord. No. 93-08 § 4-6.1]
The Borough of Lakehurst hereby adopts the provision of N.J.S.A.
5:8-24 et seq.
[Ord. No. 93-08 § 4-6.2]
The Borough of Lakehurst, pursuant to N.J.S.A. 5:8-31, hereby
ordains that certain games such as bingo or raffles shall be permitted
to be conducted by license on the first day of the week, commonly
known and designated as Sunday, and unless it shall be otherwise provided
in the license for the holding, operating, and conducting of the game
or games.
[Ord. No. 7/2/80]
The fee for a raffle license shall be as established by the
N.J. Legalized Games of Chance Control Commission.
[Ord. No. 7/2/80; Ord. No. 2016-03; Ord.
No. 2016-07; New]
|
|
Fees
|
Term of License
|
|---|---|---|
|
Amusements
|
|
|
|
Juke boxes, per machine
|
$60.00
|
Yearly
|
|
Pinball machines
|
60.00
|
Yearly
|
|
Other mechanical or electronic amusement games,
per machine
|
60.00
|
Yearly
|
|
Auctioneers
|
75.00
|
Yearly
|
|
Circuses, Traveling Shows and Carnivals
|
150.00
|
Yearly
|
|
Hawkers, Hucksters, Solicitors,
|
50.00
|
Yearly
|
|
Landlord Registration Fee
|
100.00
|
Yearly
|
|
Peddlers and other Itinerant Vendors, Salesmen and Solicitors
|
50.00
|
Yearly
|
|
Theatrical Productions and Performances
|
150.00
|
Yearly
|
|
Pool and Billiard Parlors, per table
|
60.00
|
Yearly
|
|
Raffle license
| ||
|
The fee per raffle shall be as established by the
N.J. Legalized Games of Chance Control Commission
| ||
|
Retail Food Establishments and Food Handlers
|
200.00
|
Yearly
|
|
Vending Machines, per machine
|
|
|
|
Food
|
60.00
|
Yearly
|
|
Ice
|
60.00
|
Yearly
|
|
Non-alcoholic beverages
|
60.00
|
Yearly
|
|
Candy, gum, nuts miscellaneous (per machine)
|
60.00
|
Yearly
|
|
Zoning Application
|
25.00
|
|
[Ord. No. 02-13]
The Borough of Lakehurst shall permit charitable organizations
as defined in N.J.S.A. 45:17A-20 to solicit contributions in roadways
situate in the Borough of Lakehurst in accordance with the provisions
contained herein.
[Ord. No. 02-13]
All charitable organizations as defined in N.J.S.A. 45:17A-20
who desire to solicit contributions in roadways situate in the Borough
of Lakehurst shall file an application for a permit with the Lakehurst
Borough Clerk on a form supplied by said Clerk specifying the following
information:
a.
Name of
applicant organization.
b.
Address
of applicant organization.
c.
Telephone
number of applicant organization.
d.
Contact
person of applicant organization.
e.
Specific
location or locations of proposed charitable solicitation.
f.
Dates and
times of proposed charitable solicitation.
g.
If said
request pertains to a location or locations on any County highway,
or intersection of a County highway, said application shall include
a copy of an authorization from the Ocean County Board of Chosen Freeholders
to permit said charitable solicitation.
h.
If said
request pertains to a location or locations on any State highway or
intersection of a State highway, said application shall include a
copy of an authorization from the Commissioner of Transportation of
the State of New Jersey to permit said charitable solicitation.
i.
Identify
the manner in which the motorist solicitation will be conducted and
the procedures to be used to ensure the safety of the members of the
public who will be traveling the roadways situate in the Borough of
Lakehurst.
[Ord. No. 02-13; New]
Upon the filing of a complete application in accordance with
the provisions of this section, the Lakehurst Borough Clerk shall
present same to the Governing Body for its review and consideration,
after which the Governing Body shall grant or deny the applicant's
request. In the event the Governing Body grants the applicant's request,
it shall issue a permit to the applicant which shall be subject to
the representations contained in the applicant's application and any
conditions imposed by the Governing Body.
[Ord. No. 02-13]
In no event shall any charitable organization requesting authorization
from the Borough of Lakehurst for said charitable solicitation use
any individual under the age of 18 years to perform any function or
task associated with the said charitable solicitation in any roadway.
[Ord. No. 02-13; New]
a.
Any charitable
organization requesting authorization from the Borough of Lakehurst
for said charitable solicitation shall comply with all of the terms
and conditions of N.J.S.A. 39:4-60, as amended by PL. 1997, Chapter
82, approved April 30, 1997.
b.
This section
is adopted pursuant to N.J.S.A. 39:4-60, as amended by PL. 1997, Chapter
82, approved April 30, 1997.
c.
Failure
to obtain a permit and violation of the section requirements may result
in future permits being denied.
[Ord. No. 09-03]
No person, firm or corporation shall operate any establishment
or utilize any premises in the Borough of Lakehurst as or for a massage
business unless and until there has first been obtained a “massage
parlor” mercantile license for such establishment or premises
obtained from the Borough Clerk of the Borough of Lakehurst in accordance
with the terms of this chapter. This license is valid for the business
premises and does not confer the right or approval to provide outcall
massage/bodywork therapy from the premises.
[Ord. No. 09-03]
Each and every person, partnership or corporation seeking to
establish or operate a massage or bodywork therapy business shall
set forth in writing the following information in writing on forms
provided by the Borough Clerk:
b.
The address
of the establishment or premises to be used in the massage business
and a physical description of the property and facilities, including
a copy of the zoning approval for the location of the property.
c.
A statement
of the applicant’s employment or businesses operated for a period
of five (5) years prior to making application.
d.
Name and
address for all persons/employees who will perform the massage/body
therapy for the present year. This employee register will be updated
within forty-eight (48) hours of the discharge or hiring of an employee
by providing the information to the office of the Borough Clerk.
e.
A statement
as to whether or not the applicant or any officer or director thereof,
if a corporation, has ever been convicted of a crime or offense in
this or any other state.
f.
Renewal
applications shall follow the same procedure as an initial license
application.
[Ord. No. 09-03]
All applicants for a massage parlor mercantile license shall pay an annual fee as established in subsection 4-1.5 of this chapter. Fees will be due on the first day of January in each year.
[Ord. No. 09-03]
Each application for a mercantile license or renewal thereof,
either to operate or conduct a massage/body therapy establishment
or premises, which is submitted to the Borough Clerk shall have been
investigated by the Lakehurst Police Department and found to be correct
before being approved. The Borough Clerk shall not approve such application,
if, on the basis of the past criminal record of the applicant or on
the basis of any other evidence of bad character or morals, it shall
be determined that the granting or renewal of such license would tend
to encourage or permit criminal or immoral activities within the Borough
of Lakehurst.
[Ord. No. 09-03]
The provisions of this section shall not apply to massage or
physical therapy treatments given:
a.
In the
office of a licensed physician, osteopath, chiropractor or physical
therapist.
b.
In a regularly
established medical center, hospital or sanitarium having a staff
which includes licensed physicians, osteopaths, chiropractors and/or
physical therapists.
c.
By any
licensed physician, osteopath, chiropractor or physical therapist
in the residence of a patient.
[Ord. No. 09-03]
Every person, partnership or corporation holding a “massage
parlor” mercantile license issued by the Borough shall furnish
to the Borough Clerk’s Office the name and address of each employee
who is employed to provide massage/bodywork therapy or provide management
of the premises/business. The name and address of employees, with
a copy of their massage/bodywork therapist license, shall be furnished
to the Clerk’s Office within forty-eight (48) hours after the
commencement of employment.
[Ord. No. 09-03]
All persons who shall provide massage/body work therapy shall
register with the Lakehurst Police Department. All employees of any
business holding a massage parlor mercantile license who serve as
managers or security shall register with the Police Department. The
owner or corporate officers of a massage/bodyworks therapy establishment
shall be required to register and obtain an identification card, although
such person may not be personally engaged in the management or therapy
provided.
[Ord. No. 09-03]
The registration with the Police Department shall be accomplished
by completing or furnishing the following:
a.
An application
for identification card, which application shall contain such information
as the usual specifics of personal identification, date and place
of birth, address, other employment, and such other information as
deemed necessary and proper by the Chief of Police to aid in proper
enforcement of the law.
b.
A set
of fingerprints to be taken by or under supervision of the Police
Department; two passport style photographs.
c.
A copy
of their massage/bodywork’s therapist license or equivalent
from this or any other state.
d.
Valid
enrollment form from a massage school approved by the NJ Board of
Massage and Bodywork Therapy.
[Ord. No. 09-03]
All persons required to register under subsection 4-10.7 of this section shall be required to have in their possession, at all times while engaged in work, an identification card issued by the Lakehurst Police Department.
[Ord. No. 09-03]
Any person violating any provision of this section shall, upon
conviction, be punished by imprisonment in the County Jail for a term
not to exceed ninety (90) days; or by a fine not to exceed two thousand
($2,000.00) dollars; or by a period of community service not to exceed
ninety (90) days.
[Ord. No. 2015-06]
As used in this section:
means any vehicle used for the displaying, storing, or transporting
of articles offered for sale by a vendor, which is required to be
registered with the New Jersey Motor Vehicle Commission.
means any individual, but not a corporation, partnership
or any form of business entity.
means any vehicle or device which may be moved without assistance
of a motor or is not otherwise required to be registered with the
New Jersey Motor Vehicle Commission and is used for the displaying,
storing or transporting of articles offered for sale by a vendor.
means any person who goes from house to house or place to
place, by foot or any means of conveyance, selling goods or services
or soliciting orders for future delivery of goods or services. “Vendor”
shall mean the same as “peddler,” “hawker,”
and “solicitor.”
[Ord. No. 2015-05]
a.
No person
shall engage in vending within the Borough of Lakehurst unless he/she
has registered with the Borough in the following manner:
1.
He/she
shall complete and sign a standard form of application for registration,
made available by the office of the Municipal Clerk, setting forth
the following information:
(a)
Name and address
(b)
Physical description of the applicant
(c)
Applicant’s places of residence for the preceding five years
(d)
Complete description of the type of vending business proposed
(e)
Complete description of any vending unit to be used, including the
make, model, color and serial number
(f)
Complete description of any motor vehicle to be used, including the
make, model, color and registration number and all insurance information,
including the name and address of the carrier, policy number, and
type of coverage
(g)
Whether or not the applicant has ever had an application to conduct
a vending business denied or revoked and, if so, the details of denial
or revocation
(h)
Whether or not the applicant has ever been convicted of a crime and,
if so, the details of the conviction
(i)
Proof of an insurance policy issued by a New Jersey licensed company
protecting the applicant and the Borough from all claims or damages
to property and bodily injury, including death, which may arise in
connection with the applicant’s vending business activities.
Said policy shall name the Borough of Lakehurst as an additional insured
and shall provide that the policy may not be terminated prior to the
expiration date without at least thirty (30) days advance written
notice to the office of the Municipal Clerk. The minimum amounts of
insurance coverage to be maintained are:
(j)
A copy of the certificate of satisfactory inspection issued by the
Ocean County Health Department in the case of vendors seeking to engage
in the business of vending food and/or beverages
b.
Upon satisfactory
completion of the registration process and payment of the required
fee, a vendor permit shall be issued to the applicant for the specific
vending business for which applicant had been completed. The vendor
permit shall be in plain view of the public at all times and shall
include:
1.
The signature
of the Municipal Clerk
2.
The name
and address of the vendor
3.
The type
of vending business engaged in, including description of goods or
services offered
4.
The date
of issuance and expiration date
5.
A description
of any vending unit and/or motor vehicle used in the vending business,
including any identifying registration and/or serial number
c.
Any certificate
of health compliance required by the Ocean County Health Department
shall be displayed on the vending unit and/or motor vehicle in plain
view of the public at all times.
d.
All vendor
permits shall be valid for a period of one year from the date of issuance
and are not transferable or assignable.
e.
Each vendor
shall operate only one vending unit at one time.
f.
All vendors
shall notify the Borough, in writing, within thirty (30) days of any
changes in the information contained in the registration application.
g.
The registration
fee for each vendor shall be fifty ($50.00) dollars per year, except
that persons holding a license issued in accordance with N.J.S.A.
45:24-9 et seq. shall be exempt from payment of any fee.
[Ord. No. 2015-05]
a.
Any vendor
permit issued in accordance with the provisions of this section may
be suspended or revoked by the Borough of Lakehurst Municipal Court
for any of the following reasons:
[Ord. No. 2015-05]
a.
The business
of vending shall be subject to the following regulations:
1.
The business
of vending shall only be conducted between the hours of 7:00 a.m.
and 9:00 p.m., and all vending units shall be off the streets and
sidewalks of the Borough between the hours of 9:00 p.m. and 7:00 a.m.
2.
All vending
units must be mobile.
3.
There
shall be no vending within 200 feet of any school, church, synagogue,
or other house of worship while the same is in session.
4.
No vending
units or motor vehicles shall be left unattended for any reasons on
the streets or sidewalks of the Borough.
5.
All vendors
in the business of selling food and/or beverages shall have a litter
receptacle available for public use. All litter and refuse shall be
collected and taken away by the vendor when he or she leaves the location.
6.
All materials
and merchandise related to the vending business must be located within
the vending unit.
7.
No vendor
shall offer for sale any merchandise other than that described in
his/her registration.
8.
No vendor
shall have an exclusive right to any location in the public streets
nor shall he/she be permitted to vend from a permanent location.
9.
No vendor
shall be permitted to operate in any area where such operation might
unreasonably impede traffic, jeopardize the public health, safety
and welfare or create a public nuisance.
10.
No
vendor shall place his/her vending unit with 500 feet of any location
already being used by another vendor or established merchant.
[Ord. No. 2015-05; New]
a.
The Municipal
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 enterprises are not permitted
on the premises (hereinafter referred to as the “No Knock”
Registry). Notification shall be provided upon completion of a form
available at the Municipal Clerk’s office during normal business
hours. The list shall be updated on January 15 and July 15 of each
year.
b.
Any owner
and/or occupant who has requested enlistment on the No Knock Registry
pursuant to paragraph a. herein shall be able to procure from the
Clerk’s office a sticker for display at his/her/its premises
indicating enlistment on the No Knock Registry. If the owner and/or
occupant desires to have said sticker mailed to him or her, a fee
of one ($1.00) dollar shall be made payable to the Borough of Lakehurst
at the time of the request. No fee shall apply for stickers picked
up in person.
c.
The Municipal
Clerk shall distribute the current No Knock Registry to a licensee
at the time of issuance of a vendor permit 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
No Knock Registry.
d.
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:
[Ord. No. 2015-05]
Vendors of food and beverages shall comply with all standards
and regulations set by the Ocean County Health Department and shall
provide the Borough with copies of all certificates of inspection
issued in accordance with the same.
[Ord. No. 2015-05; New]
In addition to the violations and penalties provided for in subsection 4-11.5d., any violation of any of the provisions of this section shall, upon conviction in Municipal Court, shall be punishable by the penalty stated in Chapter 1, Section 1-5. Every day that a violation exists shall be considered a separate offense.
[Added 8-19-2021 by Ord. No. 2021-06; amended 6-2-2022 by Ord. No. 2022-08; 11-3-2022 by Ord. No. 2022-10]
[Added 8-19-2021 by Ord. No. 2021-06; amended 6-2-2022 by Ord. No. 2022-08; 11-3-2022 by Ord. No. 2022-10]
a.
To be granted a business license for the operation of any State Licensed
cannabis facility within the Borough, the following conditions must
be satisfied:
1.
Completion of all forms, checklists, and other submissions as may
be required by the Clerk's Office;
2.
Payment of all applicable local fees, including inspection and licensing
fees;
3.
Demonstration that all applicable State licenses have been obtained;
4.
Passage of all applicable State and local inspections required to
be completed prior to the beginning of operations and/or renewal of
any State and/or local license;
5.
Emergency contact information to be utilized by police, fire, and
EMT personnel in the event of an on-site emergency; and,
6.
Submission of a full copy of the Application for State Licensure,
via hard copy or digitally, with pages prominently marked "CONFIDENTIAL"
as appropriate for purposes of compliance with New Jersey's Open
Public Records Act (NOTE: pages not marked as confidential will be
disclosed in response to an applicable OPRA request).
b.
Application and License Fees. Application and license fees (which
are in addition to any state license fees), whether or not shared
with the Borough and in addition to any applicable fees required under
the Borough Land Use Code and Building Code for cannabis businesses
shall be as follows:
1.
New license application fees:
(a)
First submittal: $10,000. The following is required with a first
submittal:
(b)
A cannabis business license selection committee will be appointed
by the Mayor to administratively sort, review and consider each business.
Final selections to be made by the full council.
(c)
If a business is not selected, $5,000 of the first submittal
license application fee will be returned.
2.
Fingerprint-based criminal background check fee, per person checked:
actual cost.
3.
Renewal application fee: $5,000 which is non-refundable.
4.
Late renewal fee: $750.
5.
Change of business manager: $150 (plus actual fingerprint-based background
check fees).
6.
Transfer of location: $1,000.
7.
Modification of premises or other activities for which a fee is permitted,
but for which a fixed amount is not set in this section: $250.
8.
Change of corporate structure or change of a Controlling Beneficial
Owner: $150 per person (plus actual fingerprint-based background check
fees).
9.
Other change in financial interests: $100 minimum, or actual cost
if more than $100.
c.
The primary purpose of the fees established in this section is to
defray the costs of the particular municipal services provided and
not to defray the costs of general services provided by the Borough
or to raise general revenues. The fees provided in this section are
reasonably related and proportional to the costs of the services provided
and do not generate additional net revenue.
d.
Fees described in this section are non-refundable even if a license
or application is denied, approved but not issued, lapsed, abandoned,
or withdrawn.
[Added 8-19-2021 by Ord. No. 2021-06; amended 11-3-2022 by Ord. No. 2022-10]
a.
Any person, other than a licensee of a retail cannabis business,
who violates any provision of this section shall be deemed guilty
of a municipal offense and may be punished by a fine not to exceed
$1,000, imprisonment for a period not to exceed 90 days, or by both
such fine and imprisonment.
b.
Any licensee of a retail cannabis business who violates any provisions
of this section shall be subject to civil penalties of up to $1,000
for each day during which such violation occurs or continues. Each
day on which a violation shall occur or continue shall be deemed a
separate and distinct offense. Following notice and hearing, the Local
Licensing Authority may impose such civil penalties.
[Added 8-19-2021 by Ord. No. 2021-06; amended 6-2-2022 by Ord. No. 2022-08; 11-3-2022 by Ord. No. 2022-10]
a.
Pursuant to the authority granted by the State of New Jersey, the
Borough is levying a 2% tax per sales transaction on all cannabis
related sales from cannabis based businesses.
b.
Every cannabis based business shall submit a quarterly tax report
to the Borough Clerk.
c.
The Borough may request an audit at the licensee's request for
any and all reasons or no reason at all. The burden of proving that
any transaction is exempt from the tax shall be upon the seller. It
shall be the duty of every seller to maintain, keep and preserve suitable
records of all sales made by the seller and such other books or accounts
as may be required to determine the amount of the tax of which the
seller is liable under this section. It shall be the duty of every
such seller to keep and preserve for a period of five years all such
books, invoices, and other records and the same shall be open for
examination by the Borough Clerk or designee.
d.
The Borough has the right to revoke the seller's license in
the event seller does not satisfy the 2% sales tax within 30 days
of submitting its quarterly tax reports of which must be submitted
in a reasonably timely manner.
