[1]
Editor's Note: For regulations pertaining to the payment of delinquent taxes prior to the issuance of licenses, see Chapter 2, § 2-79.
[1966 Code § 41-3]
The license fees hereby imposed are for revenue.
[1966 Code § 41-7; Ord. No. 41-2006 § 1; Ord. No. 1-2016]
The Municipal Clerk hereby is delegated the authority to approve the granting of raffle and bingo licenses and of social affairs permits within the Borough of Bloomingdale. Notwithstanding the foregoing, the Municipal Clerk shall have the discretion to bring to the governing body of the Borough of Bloomingdale any such licensing or permit application for action by the governing body. The Borough of Bloomingdale may waive its portion of fees for raffle and bingo licenses for 501(c)(3) nonprofit organizations that provide a benefit or services to the Borough of Bloomingdale. The Municipal Clerk shall keep a record of all licenses issued, which record shall set forth the statements in the application, the date of each license and the amount of the license fees.
[1966 Code § 41-5]
The Clerk shall report at each regular meeting of the Council all the licenses issued by the Clerk since the last preceding regular meeting. In case the Council shall not approve of any license so issued, the Clerk shall return the money paid therefor to the applicant and such license shall be canceled.
[1966 Code § 53-2; Ord. No. 6-95; Ord. No. 17-98; Ord. No. 23-2015]
As used in this section:
FOOD CARTS
Shall mean and include the sale of meats, fish, vegetables, fruits, nonalcoholic beverages and/or prepared foods by a peddler.
HOLIDAY SALES
Shall mean and include the sale of flowers, Christmas trees and/or wreaths during a holiday season, which shall include the 30 days preceding a national holiday or Easter, by a peddler.
PEDDLER
Shall mean and include any person, whether a resident of the Borough of Bloomingdale or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, garden truck, farm products or provisions, flowers and wreaths, offering and exposing these same for sale or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a stand, cart, wagon, automotive vehicle, railroad car or other vehicle or conveyance, and further provided that one who solicits orders and, as a separate transaction, makes deliveries to purchasers as part of a scheme or design to evade the provisions of this ordinance shall be deemed a "peddler" subject to the provisions of this ordinance. The word "peddler" shall include the words "hawker" and "huckster" and "vendor."
[1966 Code § 53-1; Ord. No. 23-2015]
It shall be unlawful for any person to engage in the business of peddler as defined in Subsection 4-2.1 within the corporate limits of the Borough without first obtaining a permit and license as provided herein.
A holiday sales peddler shall be limited to a maximum of two permits and licenses per calendar year. Each permit and license shall be issued for a period of 30 days maximum.
A food cart peddler shall be limited to one permit and license per calendar year for a period of 30 days maximum.
[1966 Code § 53-3; Ord. No. 23-2015]
Applicants for permit and license under this section must file with, and on forms provided by the Municipal Clerk, a sworn application in writing (in duplicate) which shall give the following information:
a. 
Name and description of the applicant.
b. 
Address (legal and local).
c. 
A brief description of the nature of the business and the goods to be sold and in the case of products of farm or orchard, whether produced or grown by the applicant.
d. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
e. 
The length of time for which the right to do business is desired.
f. 
If a vehicle is to be used, a description of the same, together with license number or other means of identification.
[1966 Code § 53-4; Ord. No. 17-98; Ord. No. 23-2015]
a. 
Upon receipt of such application, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
b. 
If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application that it is disapproved and that no permit and license shall be issued.
c. 
If as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return the permit, along with the application to the Municipal Clerk, who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of the licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative as well as the license number and other identifying description of any vehicle used in such peddling. The Municipal Clerk shall keep a permanent record of all licenses issued.
d. 
A permit and license for holidays sales and food carts shall not be issued without approval of the Borough Council.
[1966 Code § 53-5; Ord. No. 6-95; Ord. No. 17-98; Ord. No. 13-2013 § 1; Ord. No. 16-2013 § 1; Ord. No. 23-2015]
a. 
The fee for a limited peddler's license, $100 per day, with an annual cap of $200. Each peddler's license shall terminate on the 31st day of December of the year for which it was issued, and limited peddler's licenses shall be good only for the day or days specified thereon.
b. 
The licensing fee for the sale of flowers, Christmas trees and wreaths shall be $500 for each separate holiday or occasion of sale (i.e.: Christmas, Mother's Day, Easter, etc.) The license shall terminate after the specific sale set forth in the application and shall not be an annual license.
c. 
The fees as above set forth are for the purpose of raising revenues for the general protection of the public health, welfare and safety and to enforce the terms of this section.
[1966 Code § 53-6; Ord. No. 17-98; Ord. No. 23-2015]
The Municipal Clerk shall issue to each licensee a card bearing the words "Licensed Peddler," the period for which the license is issued and the number thereof. The card shall be carried with the licensee during the time in which he is engaged in the peddling and shall be exhibited to any person requesting to see the same.
[1966 Code § 53-7; Ord. No. 23-2015]
No license or badge issued under the provisions of this section shall be used or worn at any time by any person other than the one to whom it was issued.
[1966 Code § 53-8; Ord. No. 23-2015]
No peddler, nor any person in his behalf, shall shout, make any cry out, blow a horn, ring a bell or use any sound device, including any loud-speaking radio or sound amplifying system upon any of the streets, alleys, parks or other public places of the Borough or upon any private premises in the Borough where sound of sufficient volume is emitted or produced to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
[1966 Code § 53-9; Ord. No. 23-2015]
No peddler shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall be permitted to operate in any congested area where his operations might impede or inconvenience the public.
Peddlers of holidays sales or food carts shall operate only within the business zones in the Borough.
For the purpose of this section, the judgment of a Police Officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
[1966 Code § 53-10; Ord. No. 23-2015]
Peddlers are required to exhibit their licenses at the request of any citizen.
[1966 Code § 53-11; Ord. No. 23-2015]
It shall be the duty of any Police Officer of the Borough to require any person seen peddling, and who is not known by such officer to be duly licensed, to produce his peddler's license and to enforce the provisions of this section against any person found to be violating the same.
[1966 Code § 53-12; New; Ord. No. 23-2015]
The Chief of Police shall report to the Municipal Clerk all convictions for violation of this section and the Municipal Clerk shall maintain a record for each license issued and record the reports of violation therein.
[1966 Code § 53-13; Ord. No. 23-2015]
a. 
Permits and licenses issued under the provisions of this section may be revoked by the Mayor and Council after notice and hearing, for any of the following causes:
1. 
Fraud, misrepresentation or false statement contained in the application for license.
2. 
Fraud, misrepresentation or false statement made in the course of carrying on his business as peddler.
3. 
Any violation of this section.
4. 
Conviction of any crime or misdemeanor involving moral turpitude.
5. 
Conducting the business of peddling in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
b. 
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.
[1966 Code § 53-14; Ord. No. 17-98 § IV; Ord. No. 23-2015]
Any person aggrieved by the action of the Chief of Police or the Municipal Clerk in the denial of an application for permit or license as provided in Subsection 4-2.4, or in the decision with reference to the revocation of a license as provided in Subsection 4-2.14, shall have the right to appeal to the Council. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Subsection 4-2.14 for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive.
[1966 Code § 53-15; Ord. No. 23-2015]
All annual licenses issued under the provisions of this section shall expire on December 31 in the year when issued. Other than annual licenses shall expire on the date specified in the license.
[1966 Code § 53-16; New; Ord. No. 23-2015]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[Added 5-21-2019 by Ord. No. 15-2019; amended 6-25-2019 by Ord. No. 19-2019]
No individual obtaining a license pursuant to this section shall enter onto any property on which is located a sign or signs stating "no solicitors" or carrying a similar message forbidding the entry of any persons onto the property.
a. 
Collection, preparation and maintenance of a nonsolicitation list. The Office of the Borough Clerk shall collect, prepare and maintain a list of addresses of those premises where the owner and/or occupant has notified the Borough Clerk that soliciting and canvassing is not permitted on his/her premises. To be included on the nonsolicitation list, residents shall complete a form. The form shall be available in the Municipal Building's General Office during normal business hours, Mondays through Fridays from 8:00 a.m. to 4:00 p.m., except on weekends and legal holidays.
b. 
The Borough Clerk and/or the Deputy Borough Clerk shall submit the nonsolicitation list to the Chief of Police on a quarterly basis, which nonsolicitation listing shall be distributed to applicants seeking a license to solicit or canvass pursuant to the provisions of this chapter. The licensee shall not solicit or canvass at any address on the nonsolicitation list.
c. 
Updating of nonsolicitation list. On or about January 1, April 1, July 1 and October 1 of each year, the Office of the Borough Clerk shall update the list. The updated list shall then be forwarded to the Chief of Police for distribution to solicitors and/or canvassers.
d. 
Any individual violating the provisions of § 4-2.18.2b described above shall be punishable by a fine and/or imprisonment as prescribed in § 4-2.18.3.
Any person who violates any provision of this section shall, upon conviction thereof, be punishable by a fine not exceeding $2,000 or such other penalties consistent with N.J.S.A. 40:49-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1966 Code § 53-22]
CANVASSER OR SOLICITOR
Shall mean any person traveling by foot, wagon, automobile, motor truck or any other type of conveyance from place to place, from house to house or from street to street taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sale or not, and such definition shall include any person who, for himself, or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the Borough for the sole purpose of exhibiting samples and taking orders for future delivery.
DISTRIBUTOR
Shall mean a person who goes from house to house or place to place on public thoroughfares or in public places distributing printed material, circulars, posters, pamphlets, magazines, newspapers or advertising matter.
[1966 Code § 53-20]
It shall be unlawful for any person to distribute or cause to be distributed, to the occupant of any house, unless the same has been previously ordered, or place or cause to be placed in or on any premises or in any automobile or hand to any person on the street or attach to any tree, pole, sign, billboard, fence or building, except where located on the premises of the distributor, any card, circular, pamphlet, newspaper, paper or other publication or any form of advertising matter, unless the person shall first receive the approval of the Borough Council.
[1966 Code § 53-21]
It shall be unlawful for any solicitor or canvasser to engage in such business within the corporate limits of the Borough without first obtaining a permit and license therefor in compliance with the provisions of this section, which permit and license shall be good for a period of 30 days.
[1966 Code § 53-23; New]
Applicants for permit and license under this section must file with the Municipal Clerk a sworn application in writing (in duplicate) on a form to be furnished by the Municipal Clerk, which shall give the following information:
a. 
Name and description of the applicant.
b. 
Permanent home address and full local address of the applicant.
c. 
A brief description of the nature of the business and the goods to be sold.
d. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
e. 
The place where the goods or property proposed to be sold, or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery.
f. 
Two copies of a representative photograph of the applicant, which photographs shall be at least two by two (2x2) inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.
g. 
The fingerprints of the applicant, which shall be taken and certified by the Chief of Police and the names of at least two reliable property owners of the County of Passaic, State of New Jersey, who will certify as to the applicant's good character, and business respectability, or in lieu thereof, such other available evidence as to the good character and respectability of the applicant as will enable an investigator to properly evaluate such character and business respectability.
h. 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense, and the punishment or penalty assessed therefor.
i. 
At the time of filing the application a fee of $25 shall be paid to the Municipal Clerk to cover the cost of investigation of the facts stated therein.
[1966 Code § 53-24]
a. 
Upon receipt of such application, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
b. 
If as a result of such investigation the applicant's character or business respectability is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons for the same and return the application to the Municipal Clerk who shall notify the applicant that his application is disapproved and that no permit and license will be issued.
c. 
If as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return the permit along with the application to the Municipal Clerk, who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature and seal of the issuing officer and shall show the name and address and photograph of the licensee, the class of license issue and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number of any vehicle used in such soliciting or canvassing. The Clerk shall keep a permanent record of all licenses issued.
[1966 Code § 53-25; New; Ord. No. 16-2013 § 2]
The license fee, which shall be charged by the Municipal Clerk for such license, shall be $200 per annum.
[1966 Code § 53-26]
The Municipal Clerk shall issue to each licensee at the time of delivery of his license a badge which shall contain the words "Licensed Solicitor," and the number of the license in letters and figures easily discernible from a distance of 10 feet. The badge shall be worn by the licensee in a conspicuous manner, at all times while he is engaged in soliciting or canvassing.
a. 
Solicitors and canvassers shall be required to exhibit their licenses at the request of any citizen of the Borough.
[1966 Code § 53-27]
No soliciting or canvassing activities shall be conducted within the Borough earlier than 10:00 a.m. or later than 5:00 p.m.
[1966 Code § 53-28]
It shall be the duty of any Police Officer to require any person seen soliciting or canvassing, and who is not known by such officer to be duly licensed, to produce his solicitor's or canvasser's license and to enforce the provisions of this section against any person found to be violating the same.
[1966 Code § 53-29]
The Chief of Police shall report to the Municipal Clerk all convictions for violation of this section and the Municipal Clerk shall maintain a record for each license issued and record the reports of violation therein.
[1966 Code § 53-30]
a. 
Permits and licenses issued under the provisions of this section may be revoked by the Mayor and Council after notice and hearing, for any of the following causes:
1. 
Fraud, misrepresentation, or false statement contained in the application for license.
2. 
Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or as canvasser.
3. 
Any violation of this section.
4. 
Convictions of any crime or misdemeanor involving moral turpitude.
5. 
Conducting the business of soliciting or of canvassing in an 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.
b. 
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed by registered letter to the licensee at his last known address at least five days prior to the date set for hearing.
[1966 Code § 53-31]
This section shall not apply to employees of any public utility which is subject to regulation by the State Board of Public Utility Commissioners, provided, however, that such employee shall display the identification badge or card issued by his employer. This section shall not apply to bona fide members of any church, social, civic, fraternal, educational or philanthropic organizations located within the Borough or any member of any such organization not located within the Borough which has received the approval and endorsement of the Borough Council.
[1966 Code § 53-32]
This section shall not apply to the following persons who are hereby expressly exempt from its application.
a. 
Any person honorably discharged from military services of the United States possessing a peddler's license in conformance with N.J.S.A. 45:24-9 and 10.
b. 
Any person who is an exempt firefighter of a voluntary fire department as defined by N.J.S.A. 45:24-9 and 10 possessing a license in conformance with the Statute.
[1966 Code § 53-33; New]
Any person violating any of the provisions of this section shall, upon conviction, be liable for the penalty stated in Chapter 1, § 1-5.
[Added 5-21-2019 by Ord. No. 15-2019; amended 6-25-2019 by Ord. No. 19-2019]
No individual obtaining a license pursuant to this section shall enter onto any property on which is located a sign or signs stating "no solicitors" or carrying a similar message forbidding the entry of any persons onto the property.
a. 
Collection, preparation and maintenance of a nonsolicitation list. The Office of the Borough Clerk shall collect, prepare and maintain a list of addresses of those premises where the owner and/or occupant has notified the Borough Clerk that soliciting and canvassing is not permitted on his/her premises. To be included on the nonsolicitation list, residents shall complete a form. With the adoption of this section, the Office of the Borough Clerk shall mail the form to all residential property owners or occupants. Thereafter, the form shall be available in the Municipal Building's General Office during normal business hours, Mondays through Fridays from 8:00 a.m. to 4:00 p.m., except on weekends and legal holidays.
b. 
The Borough Clerk and/or the Deputy Borough Clerk shall submit the nonsolicitation list to the Chief of Police on a quarterly basis, which nonsolicitation listing shall be distributed to applicants seeking a license to solicit or canvass pursuant to the provisions of this chapter. The licensee shall not solicit or canvass at any address on the nonsolicitation list.
c. 
Updating of nonsolicitation list. On or about January 1, April 1, July 1 and October 1 of each year, the Office of the Borough Clerk shall update the list. The updated list shall then be forwarded to the Chief of Police for distribution to solicitors and/or canvassers.
d. 
Any individual violating the provisions of § 4-3.16.2b described above shall be punishable by a fine and/or imprisonment as prescribed in § 4-3.16.3.
Any person who violates any provision of this section shall, upon conviction thereof, be punishable by a fine not exceeding $2,000 or such other penalties consistent with N.J.S.A. 40:49-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. No. 18-2012]
The Borough Clerk shall accept applications and issue permits for the delivery of free topsoil and/or free mulch by the Borough Department of Public Works ("DPW") to residences within the Borough. By submitting a permit application, each individual applicant certifies that he/she is a resident of the Borough of Bloomingdale, shall use the delivered materials solely for personal use in connection with the named residence address, and shall hold the Borough harmless from all claims for personal injury and/or property damage resulting from or arising out of the delivery of such materials by the Borough DPW. Permits shall be issued on a first come/first served basis provided that the requested materials are available for delivery. A soil/mulch delivery permit shall be valid for one delivery only.
[Ord. No. 18-2012]
The delivery of free topsoil and/or mulch by the DPW is made available solely for Borough residents, and delivered topsoil and/or mulch shall be used solely by the permit holder at the residence address named in the permit application. DPW personnel shall have the authority to exercise discretion in whether to complete a delivery of materials if it reasonably appears to such personnel that the delivered materials are intended for commercial use or resale. Where the DPW reasonably refuses to complete delivery under such circumstances, the permit fee shall be forfeited by the permit holder.
[Ord.. No. 18-2012; Ord. No. 9-2013]
Free soil and/or mulch shall be delivered on the driveway of the delivery address named in the permit or other location as determined solely by the DPW. The DPW shall not be required to perform any services in connection with the delivery of the topsoil and/or mulch other than to empty the materials from the truck in which they are transported and to deposit them as set forth in this subsection.
[Ord. No. 18-2012]
The fee for a permit shall be paid in cash, in full, at the time the permit is applied for and issued. The permit fee shall be $50 for a single delivery.
[1966 Code § 78-1; Ord. No. 2-86]
As used in this section:
AUTOCAB
Shall mean and include any automobile or motor car, commonly called taxi, engaged in the business of carrying passengers for hire, which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this State, and particularly accepts and discharges such persons as may offer themselves for transportation from points or places to points or places within or without the State.
[1966 Code § 78-2; Ord. No. 2-86]
No autocab shall be operated along any street in the Borough until the owner shall obtain the consent of the governing body and pay a license fee of $50 to the Borough.
[1966 Code § 78-3; Ord. No. 2-86]
a. 
No such consent shall become effective until the owner of the autocab shall have filed with the Municipal Clerk an insurance policy of a company duly licensed to transact business under the insurance laws of this State conditioned for the payment of a sum of not less than $100,000 to satisfy all claims for damages, by reason of bodily injury to or death of any one person, resulting from an accident, and a sum of not less than $300,000 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 autocab upon any public street; and conditioned for the payment of a sum not less than $100,000 to satisfy any claim for damages to property of any one person, resulting from an accident, and a sum not less than $5,000 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 autocab upon any public street.
b. 
The consent 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. 
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 autocab or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
[1966 Code § 78-4; Ord. No. 2-86; New]
If such owner operates more than one autocab, he may file with the Municipal Clerk, in lieu of the policy required by Subsection 4-5.3, a bond or insurance policy of a company duly licensed to transact business under the insurance laws of this State, in the sum of $300,000 which shall be a blanket insurance covering all cabs operated by such owner, which shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of any such autocabs or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
[1966 Code § 78-5; Ord. No. 2-86)]
The owner of the autocab shall execute and deliver to the Municipal Clerk concurrently with the filing of a policy or bond referred to in Subsections 4-5.3 and 4-5.4 a power of attorney, wherein and whereby the owner shall appoint the Treasurer of the Borough his 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.
[1966 Code § 78-6; Ord. No. 2-86]
a. 
The Municipal Clerk, upon the filing of the required insurance policy or bond, shall issue a certificate in duplicate showing that the owner of the autocab has complied with the terms and provisions of this section.
b. 
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 autocab insured thereunder and the registration number of the same.
c. 
The duplicate certificate shall be filed with the Division of Motor Vehicles before any such car is licensed as an autocab.
d. 
The original certificate shall be posted in a conspicuous place within the autocab.
[1966 Code § 78-17; Ord. No. 2-86]
Where an autocab operates in more than one municipality, the insurance policy or bond required by Subsections 4-5.3 and 4-5.4 shall be filed with the Clerk of the municipality in which the owner has his principal place of business. The owner, upon receipt of a certificate issued by the Clerk certifying that the owner has complied with all the provisions of N.J.S.A. 48:16-1 et seq., shall file the same with the Clerk of each municipality in which such operation takes place.
[1966 Code § 78-8; Ord. No. 2-86]
a. 
If the Commissioner of Insurance shall by written order provide for an exemption in accordance with the State Statutes, the company, in lieu of the insurance policy or bond provided for by Subsections 4-5.3 and 4-5.4, may file a copy of the order with a statement sworn to by its President, vice President, treasurer or assistant treasurer that the corporation is the owner of autocabs and that the copy of the order attached to the affidavit and filed therewith is a true copy of the original order and that the same has not been revoked.
b. 
The copy of the order of exemption and statement shall remain in lieu of an insurance policy or bond so long as the paid up cash capital of the corporation shall be not less than $150,000 and the order of the Commissioner shall remain in force.
[1966 Code § 78-9; Ord. No. 2-86]
Upon the Commissioner's revocation of his order granting exemption, the company shall immediately file an insurance policy or bond as required by Subsections 4-5.3 and 4-5.4.
[1966 Code § 78-10; Ord. No. 2-86]
A consent granted under Subsection 4-5.2 may be revoked by the governing body, after notice and hearing, whenever it shall appear that the person to whom the consent was granted has failed to furnish or keep in force the insurance policy or bond and power of attorney required by this section or to comply with any terms or conditions imposed by the body granting the consent or any law of this State.
[1966 Code § 78-11; Ord. No. 2-86]
As used in this section:
AUTOCAB
Shall mean and include any automobile or motor car with a carrying capacity of not more than nine passengers, not including the driver, used in the business of carrying passengers for hire, which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of the State, and which is hired by charter or for a particular contract, or by the day or hour or other fixed period, or to transport passengers to a specified place or places, or which charges a fare or price agreed upon in advance between the operator and the passenger. Nothing in this section contained shall be construed to include taxicabs, hotel buses or buses employed solely in transporting school children or teachers or autobuses which are subject to the jurisdiction of the Board of Public Utilities or interstate autobuses required by Federal or State law or rules of the Board of Public Utilities to carry insurance against loss from liability imposed by law on account of bodily injury or death.
LIMOUSINE OR LIVERY SERVICE
Shall mean and include the business of carrying passengers for hire by autocabs.
[1966 Code § 78-12; Ord. No. 2-86]
No autocab, limousine or livery service shall be operated wholly or partly along any street until the owner of the autocab, limousine or livery service shall have filed with the Municipal Clerk an insurance policy of a company duly licensed to transact business under the insurance laws of this State in the sum of $50,000 against loss by reason of the liability imposed by law upon every autocab, limousine or livery service owner for damages on account of bodily injury or death suffered by any person as the result of an accident occurring by reason of the ownership, maintenance or use of the autocab, limousine or livery service upon any public street.
[1966 Code § 78-13; Ord. No. 2-86]
The owner of the autocab, limousine or livery service shall execute and deliver to the Municipal Clerk, concurrently with the filing of a policy or bond referred to in Subsection 4-6.2, a power of attorney, wherein and whereby the owner shall appoint the Treasurer of the Borough his 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.
[1966 Code § 78-14; Ord. No. 2-86]
a. 
The Municipal Clerk, upon the filing of the required insurance policy or bond, shall issue a certificate in duplicate showing that the owner of the autocab, limousine or livery service has complied with the terms and provisions of this section.
b. 
The certificate shall recite the name of the insurance company, the number and date of expiration of the policy or bond, a description of every autocab, limousine or livery service insured thereunder and the registration number of the same.
c. 
The duplicate certificate shall be filed with the Division of Motor Vehicles before any such car is registered as an autocab, limousine or livery service.
d. 
The original certificate shall be posted in a conspicuous place within the autocab, limousine or livery service.
[1966 Code § 78-15; Ord. No. 2-86]
Where an autocab, limousine or livery service operates in more than one municipality, the insurance policy or bond required by Subsection 4-6.2 and the power of attorney required by Subsection 4-6.3 shall be filed with the Municipal Clerk only where the owner has his principal place of business in this Borough. Upon the required filings, the Municipal Clerk shall issue a certificate in accordance with Subsection 4-6.4.
[1966 Code § 78-16; Ord. No. 2-86]
a. 
If the Commissioner of Insurance shall, by written order, provide for an exemption in accordance with State Statutes, the company, in lieu of the insurance policy or bond provided for by Subsection 4-6.2, may file a copy of the order with a statement sworn to by its President, vice President, treasurer or assistant treasurer that the corporation is the owner of autocabs, limousines or livery services and that the copy of the order attached to the affidavit and filed therewith is a true copy of the original order and that the same has not been revoked.
b. 
The copy of the order of exemption and statement shall remain in lieu of an insurance policy or bond so long as the paid up cash capital of the corporation shall be not less than $150,000 and the order of the Commissioner shall remain in force.
[1966 Code § 78-17; Ord. No. 2-86]
Upon the Commissioner's revoking his order granting exemption, the company shall immediately file an insurance policy or bond as required by Subsection 4-6.2.
[1966 Code § 78-18; Ord. No. 2-86]
Except for the license fee in Subsection 4-5.2, all dollar amounts in §§ 4-5 and 4-6 are set according to State Statutes. In the event any or all of the amounts are amended by State Statute, same shall also be deemed to be amended in the within sections without the necessity of formal action by the Mayor and Council.
[New]
Any person violation any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[1966 Code § 5-1; Ord. No. 11-80]
No person shall maintain, operate or possess, in any store, building or other place wherein the public is invited or where the public may enter or any building or other place wherein any club, group or organization meetings are held within the Borough, any amusement games or devices of the type commonly known as "bagatelle," "pinball machine," "electric-crane machines," "ballyhoo," "baseball," "bowling," "pin amusement games," or "electronic gaming devices," without first obtaining a license.
[1966 Code § 5-2; Ord. No. 11-80]
The annual license fee for each such amusement game or machine shall be $50 payable with the application for the calendar year in which issued.
[1966 Code § 5-3]
The Municipal Clerk shall cause to be prepared the necessary forms of application for a license to maintain such games or machines, which application shall state the name and address of the applicant, the location where the machine or game is to be installed and the kind of machine and shall state whether or not the applicant has been convicted of a crime or violation of any municipal ordinance and such other information as the Mayor and Council shall deem necessary and proper. A separate application shall be required for each machine. A license fee shall accompany each application filed, and, if the application is denied, the fee shall be returned to the applicant.
[1966 Code § 5-4]
The application must be signed by the applicant and his signature witnessed. Upon receipt of the application the Municipal Clerk shall refer the same to the Chief of Police who shall make, or cause to be made, an inspection of the premises described in the application. The Chief of Police, upon completion of his inspection, shall attach to the application his report in writing, which shall also state his approval or disapproval and the reasons therefor. Upon receipt of the application and inspection report, the Mayor and Council shall proceed to consider the same and shall either approve or disapprove the issuance of the license to the applicant. If the application is approved, the Mayor and Council may authorize the Municipal Clerk to issue the necessary license upon receipt of the license fee as herein provided.
[1966 Code § 5-5]
At any time after the granting of the license, the Mayor and Council may, in the exercise of its discretion, revoke the same for any willful false statement in the application. The license may be revocable in the event that licensee shall be convicted of any crime or shall be convicted of any violation of this section.
[1966 Code § 5-6]
Nothing contained in this section shall prohibit the holder of the license herein provided for from substituting a game or machine at the location set forth in such license, but at no time shall more than one game or machine be operated under one license.
[1966 Code § 5-7]
Every such license shall apply only to the person to whom granted and for the premises stated in the application and shall not be transferable unless the Mayor and Council approves of such transfer in writing.
[1966 Code § 5-9; Ord. No. 6-83]
No more than four machines or devices of the type or types herein mentioned shall be permitted to be used or operated in any one place, location or premises unless the place, location or premises contains floor area of 10,000 square feet or more to which the public has access. The place, location or premises shall be permitted to be licensed for up to but no more than six machines of the type or types as permitted under this section, provided that there is adult supervision on the premises at any time the machines are operational. A separate license must be obtained for each machine permitted under this section.
[1966 Code § 5-10]
The license, when granted, shall be affixed, in a conspicuous place, to the machine for which it was issued and show the name and post-office address of the licensee, the manufacturer's serial number of the machine and the amount required to operate the game, device or machine and shall state that the device to which the same is affixed is licensed by the Borough.
[1966 Code § 5-11]
Any person who shall use, or permit to be used, any of the machines or devices licensed hereunder for the purpose of gambling shall be guilty of a violation of this section and penalized as herein provided. The Mayor and Council may, in its discretion, revoke the license of the licensee if the machine is used or permitted to be used for the purpose of gambling.[1]
[1]
Editor's Note: See also Chapter 3, Police Regulations, § 3-8.1a16.
[1966 Code § 5-12; Ord. No. 11-80]
This section is enacted for the purpose of raising revenue and for the regulation and control of amusement games or machines as described in Subsection 4-7.1.
[1966 Code § 5-13; New]
Any person violating any of the provisions of this section shall, upon conviction, be liable for the penalty stated in Chapter 1, § 1-5.
[Ord. No. 7-2002 § I]
As used in this section:
OUTDOOR CAFE
Shall mean any eating establishment where food and other refreshments are served upon the public right-of-way, including sidewalks, immediately in front of any restaurant, cafe, cafeteria or place of business where food and/or other refreshments are served or permitted on private property pursuant to the Borough's Land Use Code.
SIDEWALK
Shall mean that portion of a highway intended for the use of pedestrians between the curbline of the lateral line of a shoulder and the adjacent right-of-way.
[Ord. No. 7-2002 § I]
It shall be unlawful for any person, firm or corporation to operate an outdoor cafe within the Borough of Bloomingdale in any zone in which such use is permitted unless such person, firm or corporation shall hold a currently valid license issued by the Borough.
[Ord. No. 7-2002 § I]
An application for a license hereunder shall be made to both the Construction Department and the Department of Health. The application shall contain the following information:
a. 
The name, address and telephone number of the applicant and the property owner, if other than the applicant, and the consent of the owner of the property to the application;
b. 
The address and description of each place where the applicant intends to establish or operate the outdoor cafe;
c. 
Two sets of a proposed layout plan, containing scaled drawings showing the following information:
1. 
The number, type of materials, color and location of all tables, chairs, umbrellas, or other furnishings or fixtures including lighting and electrical outlet locations, if any, intended to be located in the outdoor cafe;
2. 
The location of any doors leading from the eating establishment to the outdoor cafe, which doors shall not be obstructed in any way;
3. 
The capacity of the existing restaurant and of the proposed outdoor cafe;
4. 
The location of all fire hydrants, parking meters, utility poles, benches, handicap ramps, street furniture, trees and any other fixtures permanently located on the sidewalk in front of the restaurant or within 10 feet thereof on either or any side;
5. 
The number of feet and locations of unobstructed space permitting the free passage of pedestrian traffic around or through each outdoor cafe.
d. 
The applicant shall submit a nonrefundable application fee of $100.
[Ord. No. 7-2002 § I]
The Construction Code Official and the Health Officer shall review the application (including plans) and shall approve or recommend modification of same within 10 business days of the date of submission of the application.
[Ord. No. 7-2002 § I]
Upon approval by the Construction Code Official and the Health Officer of the application and the plans submitted by the applicant, a license shall be issued provided the applicant has provided the following to the Borough:
a. 
A statement agreeing to indemnify and hold harmless the Borough of Bloomingdale, its agents, servants, representatives or employees from any and all claims, damages, judgment costs or expenses, including attorneys fees, which the Borough or any of the foregoing may incur or be required to pay because of any damage and/or personal injury to any person or persons as a result of or related in any way to the operation and maintenance of the outdoor cafe for which the license is issued.
b. 
A certificate of insurance for a comprehensive general liability policy naming the Borough as an additional insured in the amounts of $1,000,000/$1,000,000. The policy of insurance shall contain a clause obligating the company issuing same to give not less than 30 days' written notice to the Borough before cancellation, or amendment to any of the terms thereof. Notice of cancellation shall not relieve the company issuing such policy of liability for any injury or claim arising before the cancellation becomes effective. The cancellation of any such policy shall have the immediate effect of suspending the license of such person, firm or corporation to operate the outdoor cafe covered thereby until a new policy complying with the provisions of this section is filed with the Borough and a letter in writing confirming the new effective date of the license is issued by the Borough.
[Ord. No. 7-2002 § I]
If the applicant is the holder of any alcoholic beverage control license pursuant to the laws of the State of New Jersey, alcoholic beverages may be served and/or permitted to be consumed in the outdoor cafe area if otherwise permitted by the Alcoholic Beverage Commission. Any consumption of alcohol within the outdoor cafe must be consumed by the glass, and no alcohol may be consumed directly from the container. The applicant for a license to be permitted to operate an outdoor cafe must comply and ensure compliance with all other provisions of the Revised General Ordinances of the Borough of Bloomingdale pertaining to alcohol and the consumption thereof.
[Ord. No. 7-2002 § I]
Outdoor cafes shall be permitted to operate from April 1st to October 31st in any calendar year. No outdoor cafe shall open for business prior to 7:00 a.m. or remain open for business after 11:00 p.m.
[Ord. No. 7-2002 § I]
An outdoor cafe shall comply with all of the following rules, regulations, and specifications:
a. 
Within 30 minutes after the closing of the cafe, the applicant shall have all customers, furniture, utensils and any other materials used in the operation of the cafe, or within the area used by the cafe, removed from the sidewalk area. No tables, chairs or other equipment used in the outdoor cafe shall be attached, chained, or in any manner affixed to any tree, post, sign, curb, sidewalk or property of the Borough within or near the licensed area.
b. 
The area of operation shall be kept clean and free of litter. Ashtrays shall be provided if smoking is permitted by the applicant. Sidewalks shall be washed daily and closed trash receptacles, including smokers' outposts, shall be provided as approved by the Health Officer.
c. 
Music, if any, shall be kept at a reasonable level that is not unnecessarily loud or objectionable to persons in or around the area.
[Ord. No. 7-2002 § I]
Any license issued hereunder is issued solely as a revocable license that shall be subject to revocation or suspension by the Borough for failure of any licensee to comply with the provisions herein or for violation of any other applicable Federal, State, County or Municipal law, regulation or ordinance. Further, the Borough reserves the right to modify, suspend or revoke any license on 10 days' written notice if the Borough determines that pedestrian traffic is rendered unsafe because of the operation of the outdoor cafe or because of any other safety issue that the Borough determines adversely affects the Borough because of such operation.
[Ord. No. 7-2002 § I]
The license shall be valid for one calendar year. Renewal applications shall include the application fee. The applicant agrees that at the end of the licensed period, or in the event that the license is temporarily or permanently suspended or revoked, that the applicant will, at its own cost and expense, vacate the sidewalk area and promptly remove any property placed thereon. Failure to do so on five days' written notice shall grant to the Borough the right to remove any property on the sidewalk and the applicant agrees to reimburse the Borough for the cost of removing and storing the same.
[1966 Code § 5-16; Ord. No. 4-2006 § 1]
It shall be unlawful in the Borough to conduct a bowling alley, billiard room, poolroom or combination thereof, or such other places where the business of bowling or playing billiards or pool are conducted for gain, reward or profit, without first having obtained a license for that purpose in accordance with the provisions of this section.
[1966 Code § 5-17]
An application for such license issuable under this section shall be made to the Municipal Clerk in writing, signed by the person or persons, society, club, corporation or association intending to conduct such place of business, and the application shall specify the location of the premises, the approximate size and the type and nature of the building and the structure thereon, the nature of the business to be conducted, the name, residence, age and occupation of the applicant, the number of alleys or tables to be licensed and such other information and data which by the rules and regulations of the governing body shall be considered pertinent. Applicants shall furnish photographs, two by two (2 x 2) inches, of the principal owners or operators of the business in question. In addition, the applicant shall agree, in writing, to conform his business hours to those set forth in this section.
a. 
All applications shall be submitted to the Chief of Police for his inspection and investigation and he shall report, in writing, to the Municipal Clerk. The application shall also be submitted to the Chief of the Fire Department for his inspection of the premises and investigation and he shall report, in writing, to the Municipal Clerk.
b. 
Where the Municipal Clerk considers it appropriate, the application shall also be submitted to the Health Officer who shall investigate and who shall report, in writing, to the Municipal Clerk.
c. 
The Chief of Police, Chief of the Fire Department and Health Officer shall respectively satisfy themselves as to the moral and public-safety hazard, the sanitary requirements and conditions and the fire hazards involved and shall make report together with their approval or disapproval within 10 days after the application has been submitted to them.
d. 
Upon return of the application to the Municipal Clerk by the Police Chief, Fire Chief and Health Officer, the Municipal Clerk shall then refer the application for license to the governing body for consideration and determination.
e. 
Upon favorable action of the governing body the license herein provided shall be issued to the licensee.
[1966 Code § 5-18]
a. 
The term of each license issued hereunder shall run from January 1 and expire December 31 following the issuance thereof. Any games now being conducted and covered by this section which are not licensed shall be licensed in accordance herewith and the persons conducting same shall be given 30 days after final passage of this section in which to secure the license.
b. 
Any license issued after August 1 of any year shall require payment of 1/2 of the full license fee for the year and such license shall expire on December 31 after its issuance.
c. 
Each license issued shall apply only to the person specified therein and shall not be transferable to any other firm or corporation or to any other place or location other than that shown or set forth in the license.
[1966 Code § 5-19]
The license shall be posted and displayed in a conspicuous place in the bowling alley, billiard room, poolroom or such other place where the business of bowling or playing billiards or pool is conducted.
[1966 Code § 5-20; Ord. No. 278]
a. 
The annual payable fee for licenses to be issued under this section shall be:
1. 
The sum of $100 for each pool or billiard table on the premises. There shall be no fee if there is only one pool or billiard table on the premises. (In computing the number of pool or billiard tables for which a fee is to be paid, each and every table is to be included.)
2. 
The sum of $10 for each bowling alley on the premises.
b. 
The aforesaid fees shall be paid to the Municipal Clerk at the time the application for or renewal of the license is submitted. In the event the license is refused or not issued, then the aforesaid license fees shall be refunded.
[1966 Code § 5-21]
No license to operate or conduct a bowling alley, billiard room, poolroom or combination thereof, or such other place where the business of bowling or playing billiards or pool is conducted, shall be issued:
a. 
To any minor.
b. 
To any person convicted of crime or violation of any State law or municipal regulation involving gambling or moral turpitude.
c. 
Unless the applicant is found to be of good moral character and the particular application will not work to the detriment of the health or welfare of the Borough or the residents thereof.
[1966 Code § 5-22]
No person operating or having control of any billiard or pool table for profit, or who has the control of any room or rooms wherein is kept, used or operated for profit any billiard or pool table of any kind whatsoever, shall permit or allow any person under those ages as is provided by law to play thereon or to use any such table or to be, remain in or frequent or loiter in any such room, nor shall any person known to have been convicted of a crime or violation of a State law or municipal regulation involving gambling be permitted to use any such table or to remain in or frequent any such room.
[1966 Code § 5-23]
It shall be the duty of any person who is the proprietor or keeper of a billiard room or poolroom to post conspicuously in his place of business the following sign: "Minors Under Those Ages as is Provided by Law Not Allowed Here."
[1966 Code § 5-24]
No license shall hereafter be issued to conduct the business of a bowling alley or billiard room or poolroom within 200 feet of any school, library or church premises.
[1966 Code § 5-25]
This section shall not apply to any duly authorized church or to any bona fide veterans', charitable, educational, religious, civic, fraternal organizations, provided, however, that such organizations are organized on a nonpecuniary profit basis and do not have a plenary retail consumption license issued by any Alcoholic Beverage Control Board.
[1966 Code § 5-26]
Every licensed poolroom, billiard room or bowling alley or combination thereof shall be established to admit a view of the interior thereof from the entrance to licensed premises, provided, however, that a curtain or other means of screening may be used on windows or doors of the premises to a height of five feet from the floor of the premises; provided, however, that the screening shall not obstruct or prevent the view or examination of the interior of the premises by a Police Officer, or any inspection by any other officer of the law.
[1966 Code § 5-27]
The owner or operator of every billiard room, poolroom or such other place as may exist wherein billiards or pool is licensed hereunder shall not use or permit the use of the billiards and pool tables for any purpose except during the following hours:
a. 
Monday through Saturday from 10:00 a.m. to 2:00 a.m. on the following day.
b. 
On Sunday, billiard rooms may be open from 11:00 a.m. to 2:00 a.m. on the following day.
[1966 Code § 5-28]
The owner or operator of every bowling alley or such other place as may exist wherein bowling is licensed hereunder shall not use or permit the use of the alleys for any other purpose except during the following hours:
a. 
Monday through Saturday from 10:00 a.m. to 2:00 a.m. on the following day.
b. 
On Sunday bowling alleys may be open from 11:00 a.m. to 2:00 a.m. on the following day.
[1966 Code § 5-29]
a. 
A complaint may be filed by any interested citizen or by a member of the Police or Fire Department, if the complainant shall have reason to believe that a violation of this section exists in any premises licensed in accordance with this section.
b. 
The license issued hereunder may be suspended or revoked by the governing body upon a hearing to be held after notice to the licensee.
[1966 Code § 5-30; New]
Any person who violates any provisions of this section or fails to comply with same, shall, upon conviction, be liable for the penalty stated in Chapter 1, § 1-5.
[1966 Code § 20-1; Ord. No. 2-74; Ord. No. 12-96]
It shall be unlawful for the owner or operator of any commercial establishment or social club including but not limited to those establishments at which there is used a license for the sale of alcoholic beverages to permit dancing, exhibitions or entertainment in or on the premises except as hereinafter provided.
[1966 Code § 20-2; Ord. No. 2-74; Ord. No. 16-84]
a. 
Application to permit the aforesaid activities shall be made to the Mayor and Council and shall be accompanied by an application fee of $100. The application shall contain the following information:
1. 
The name of the applicant.
2. 
The location of the premises to be licensed.
3. 
The trade name of the applicant, if any.
4. 
Whether the applicant is an individual, partnership, corporation or other legal entity.
5. 
The name, home address and business address, if any, and home and business telephone numbers of the applicant, and if the applicant is a corporation or other legal entity, the same information plus title shall be supplied for each director, officer and agent of the corporation or principals of the entity.
6. 
The name and address of the registered agent and date of incorporation, if the applicant is a corporation.
7. 
The name, home address and business address, if any, and the home and business telephone numbers of the owners of the premises, if such owner is a person other than the applicant.
8. 
The name, home address and home telephone number of the manager or other agent of the applicant, if any, who shall be in charge of the licensed premises.
9. 
Past violations:
(a) 
Whether or not any person named in the application has ever been convicted of any violation in connection with the ownership of such business establishment.
(b) 
If the answer is yes, the applicant shall state the date and nature of each violation.
10. 
The maximum occupancy, stated in number of persons, of the premises for which the license is sought.
11. 
The number of exits.
12. 
A description of the off-street parking facilities, including but not limited to location and capacity, stated in number of parking spaces.
13. 
The hours of operation.
14. 
The minimum number of employees that will be on duty at any time in solely a security or policing capacity.
15. 
The amount, if any, charged for admission and the manner in which that charge is to be made, whether by fee, ticket, token or other device.
16. 
The items of commerce that will be available for purchase on the licensed premises.
17. 
A copy of the floor plan with descriptive information for the use of each area.
18. 
Whether or not the sale of alcoholic beverages is intended and the date of appropriate licensing.
19. 
The application shall be signed by each individual applicant; by each partner, if a partnership; or by the President or other authorized officer of any corporation or legal entity.
b. 
The application shall be certified that the proposed use meets all the requirements of this section and all other regulations of the Borough and the laws of the State of New Jersey. The application shall be sworn to and certified before an officer authorized to take oaths.
[1966 Code § 20-3; Ord. No. 2-74; Ord. No. 16-84]
Copies of the application shall be forwarded to the Building Subcode Official, Fire and Health Inspectors and Chief of Police, who shall then conduct an investigation to determine compliance of the application with this section, and the aforesaid officers shall also state whether the premises or use thereof are in violation of any of the laws of the Borough. The investigation by the aforesaid officers shall be made in writing and copies shall be forwarded to the Mayor and Council and the applicant within 30 days of the receipt of the application by the Municipal Clerk.
[1966 Code § 20-4; Ord. No. 2-74; Ord. No. 16-84]
a. 
Within 30 days of the receipt of the investigations by the aforesaid officers, a public hearing shall be conducted by the Mayor and Council to determine whether the application meets the requirements of this section and other Borough regulations and the laws of the State of New Jersey, which public hearing shall be advertised by the applicant at least 10 days prior to its date. The applicant shall notify, by certified mail, return receipt requested, all residents and property owners within 200 feet of the subject premises of the hearing and shall state in the notice the purpose of the public hearing.
b. 
A license shall be granted after this hearing unless the Mayor and Council determine, after considering all the evidence presented by the witnesses, that the granting of the license will be detrimental to public health, safety, property values or the peaceful occupation or use of property in the immediate area or that the proposed location fails to comply with the health or safety provisions of this section or of any other regulation or any other law.
c. 
The governing body may have the right, as a condition to the issuance of a permit, to require a full-time security guard or guards, as a result of evidence received at the hearing from witnesses, that a guard or guards will be required on and about the premises to protect the public interest.
[1966 Code § 20-5; Ord. No. 2-74]
The maximum number permitted in an area designated and approved for dancing by the Mayor and Council shall be one person for each six square feet of floor area designated for dancing. The owner or occupant of such premises shall cause signs designated by the Building Subcode Official to be posted, stating the number of persons permitted to occupy the dancing area at one time.
[1966 Code § 20-6; Ord. No. 2-74]
The maximum number of persons permitted to occupy an area designated for entertainment or exhibition shall be one person per 10 square feet of designated area.
[1966 Code § 20-7; Ord. No. 2-74; Ord. No. 16-84]
The owner or occupant of the premises shall have on duty, if the governing body has required him as a condition of his permit to do so, a person skilled in maintaining security, peace and good order on the premises, and the person shall not be employed in any other capacity on the premises. The person so employed shall first be approved by the Chief of Police of the Borough.
[1966 Code § 20-8; Ord. No. 2-74]
The provisions of this section shall not apply to the activities conducted by charitable organizations wherein there is no gain obtained, such as religious organizations, school functions, or Police and Fire Department affairs.
[1966 Code § 20-9; Ord. No. 2-74]
It is the intention of this section not to supersede any provisions of the alcoholic beverage regulations or any other regulations of the Borough, but this section shall be read in conjunction with all other ordinances.
[1966 Code § 20-10; Ord. No. 2-74]
Upon receiving permission from the Mayor and Council to conduct a proposed activity, the permit to conduct the same shall be posted in a prominent place in the premises.
[1966 Code § 20-11; Ord. No. 2-74; Ord. No. 16-84]
Any license issued hereunder may be revoked or suspended after written notice and full hearing of charges by the governing body for the cause hereinafter specified. Such license, when so suspended or revoked, shall not be eligible for reissuance until at least two years following the date of such suspension or revocation. The following shall constitute sufficient cause for the suspension or revocation of a license issued hereunder:
a. 
Lewd, disorderly or immoral conduct allowed, permitted or suffered by the licensee in or upon the licensed premises.
b. 
Conduct allowed, permitted or suffered by the licensee in or upon the licensed premises which constitutes a nuisance.
c. 
Conviction of the licensee for violation of the provisions of this section, provisions of Title 2C and Title 33 of the New Jersey Statutes and such other laws of the Borough and the State of New Jersey which bear upon the preservation of the public health, safety or general welfare of the residents of the Borough and persons patronizing such establishments.
[1966 Code § 20-11.1; Ord. No. 16-84]
No license shall be renewed until approved by the governing body upon completion and review of updated investigative reports, such as those required for an original application in accordance with Subsection 4-10.2, review and investigation of previous years' operations and payment of the annual licensing fee of $100. If the governing body, in the exercise of its discretion, determines, prior to a decision on the renewal of a license, that a hearing is required, a hearing shall be held in accordance with the provisions of Subsection 4-10.4.
[1966 Code § 20-11.2; Ord. No. 16-84]
Every person licensed under this section shall observe the following restrictions:
a. 
Persons Excluded. If the licensee has an alcoholic beverage license, the licensee shall not permit, suffer or allow any person who is less than the minimum drinking age, as defined by the laws of the State of New Jersey, or any intoxicated or disorderly person to be admitted to the licensed premises or to remain therein.
b. 
Good Order. The licensee shall maintain good order throughout the entire licensed premises, including any off-street parking facilities, and shall not permit disruptive activity in or about the entrances, exits, sidewalks or other portion of the licensed premises.
c. 
Employees and Attendants. At all times during business hours, the licensee shall, if the governing body has required him as a condition of his permit to do so, provide an adequate number of qualified security officers continuously on duty, who shall patrol the licensed premises and its entrances, exits, sidewalks and other portions of the licensed premises to maintain order, to prevent disorderly or immoral conduct, to assure that the licensed premises and its entrances and exits are kept free from congestion and that the provisions of this section and all other applicable ordinances, regulations and laws are complied with.
d. 
Parking. It shall be the responsibility of the licensee to provide sufficient off-street parking for patrons and employees as required by law.
[1966 Code § 20-15; Ord. No. 2-74]
The holder of any license for the sale of alcoholic beverages permitting dancing, exhibitions or entertainment at the time of the passage of this section shall make the appropriate applications as required by the terms of this section within 90 days of the final passage.
[1966 Code § 20-12; Ord. No. 2-74; New]
Any person who shall violate any of the provisions of this section shall, upon conviction, be liable for the penalty stated in Chapter 1, § 1-5.
[1966 Code § 50-1]
No public meetings, assemblies or parades in or upon the public streets, highways or public parks of the Borough, shall take place or be conducted until a permit is obtained from the Chief of Police or as provided herein below, from the Mayor and Council.
[1966 Code § 50-2]
Any person or organization desirous of conducting a public meeting, assembly or parade at any public place in the Borough, shall file an application with the Chief of Police at least five days in advance of the proposed meeting, assembly or parade, which application shall designate the proposed date, time and place, and if a parade, the proposed route along which such parade is intended to march or travel, and the names of the persons in control of the same or responsible therefor; if there shall be no prior application for a public meeting, assembly or parade at the stated time and place, the members of the Public Health and Safety Committee and the Chief of Police shall forthwith issue a permit granting the application unless a prior application for the time and place shall have been made, in which event the members of the Public Health and Safety Committee and the Chief of Police shall indicate another time and place and upon the selection of the alternative time and place by the applicant, they shall forthwith grant a permit, provided, however, that the members of the Public Health and Safety Committee and the Chief of Police may refuse a permit for the meeting, assembly or parade when in their judgment, the conditions of vehicular and pedestrian traffic or the effect upon stores, offices or other places of business or upon residents in the vicinity all considered in relation to the comfort and convenience of the public generally shall so warrant. Upon denial of the members of the Public Health and Safety Committee and the Chief of Police of any application made in pursuance of this section, the applicant may appeal from the determination of the members of the Public Health and Safety Committee and the Chief of Police within three days thereafter to the Mayor and Council by filing the application with the Municipal Clerk, who shall thereupon promptly convoke a meeting of the Board for the purpose of acting upon the application. Upon such appeal the Board may reverse, affirm or modify in any regard, the determination of the members of the Public Health and Safety Committee and the Chief of Police by a vote of a majority of those present at the meeting. To carry out the judgment of the Mayor and Council upon an appeal, the Municipal Clerk is directed to issue a permit in conformity with the judgment of the Mayor and Council.
[1966 Code § 50-3; New]
Any person violating any of the provisions of this section shall, upon conviction, be liable for the penalty stated in Chapter 1, § 1-5.
[Ord. No. 16-2014]
Pursuant to N.J.S.A. 39:4-60 and N.J.A.C. 16:40-1.1, authorized charitable organizations as defined in N.J.S.A. 45:17A-20 are hereby permitted to solicit contributions in the right-of-way of a highway located within the Borough subject to the provisions and restrictions contained in this chapter.
[Ord. No. 16-2014]
a. 
Permit Required. All charitable organizations who desire to solicit contributions in roadways situate in the Borough of Bloomingdale must obtain a permit from the Borough of Bloomingdale. Each roadway solicitation shall require a separate permit. No permits shall be issued by the Borough for more than two solicitations per month. There shall be no fee for the issuance of the permit.
b. 
Application. An application for a permit shall be filed with the Bloomingdale Borough Clerk on a form supplied by said Clerk specifying the following information:
1. 
Name, address, telephone number of applicant organization.
2. 
Name, address, telephone number of contact person for applicant organization.
3. 
Date and time of proposed charitable solicitation.
4. 
A description of the manner in which the motorist solicitation will be conducted.
5. 
Specific location of proposed charitable solicitation.
6. 
Sketch of proposed location.
c. 
County or State Roadways. 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 Passaic County Board of Chosen Freeholders to permit said charitable solicitation. 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.
[Ord. No. 16-2014]
Upon filing of a complete application in accordance with the provisions of this section, the application shall be reviewed by the Borough Clerk and the Chief of Police or his designee. The Police Chief is hereby authorized to issue a letter of endorsement for the issuance of a permit subject to his/her review. The application and the letter of endorsement, if issued, shall be transmitted by the Borough Clerk to the Borough Council who shall approve or deny the application. If the applicant's request is granted, a permit shall be issued to the applicant which shall be subject to the representations contained in the applicant's application and any other conditions as imposed by the Borough. An approved applicant must submit a Certificate of Insurance naming the Borough as an additional insured at least three days prior to the event.
[Ord. No. 16-2014]
a. 
The Borough Council may deny a permit based on the following reasons:
1. 
To ensure that traffic flow is not unreasonably impeded, interrupted, or delayed;
2. 
The design of the particular highway and/or intersection, turning movements, traffic densities, and/or speeds do not permit the safe interaction between the solicitor and vehicular traffic;
3. 
The solicitation would interfere with construction activity; or
4. 
To protect the public safety.
b. 
If the Borough Council denies a permit, the notice of denial will set forth the reasons for the denial.
c. 
An applicant who has been denied a roadway charitable solicitation permit may appeal such denial to the Borough Council of the Borough of Bloomingdale.
d. 
The applicant may submit a written request for reconsideration to the Borough Council, within 30 days of denial of a permit.
[Ord. No. 16-2014]
a. 
Any organization requesting authorization from the Borough of Bloomingdale for solicitation shall comply with all the terms and conditions of N.J.S.A. 39:4-60, by P.L. 1997, Chapter 82, approved April 30, 1997 and the Code of the Borough of Bloomingdale.
b. 
Organizations must adhere to the following conditions:
1. 
Only adults over the age of 18 shall be allowed in the roadway;
2. 
Adults soliciting in the roadway, or within 15 feet of the roadway, must wear properly sized, ANSI 107-2004 Class 2 or 3 high visibility apparel. Wearing non- ANSI approved apparel will be reason for immediate cessation of the event;
3. 
Solicitation shall only be permitted at signalized intersections during daylight hours;
4. 
Solicitation may not stop or impede vehicular or pedestrian traffic. Traffic must be stopped before solicitation can begin, and cease when traffic resumes movement. Flagmen are not permitted to be utilized to control or regulate traffic movement;
5. 
Solicitors may not harass the motorists or public;
6. 
Solicitors shall not consume or be under the influence of alcohol or drugs; and
7. 
The organization will be responsible for cleaning any debris from the solicitation site within two hours of the end of solicitation.
[Ord. No. 16-2014]
The Department of Transportation, Passaic County official, or any Borough official or law enforcement officer can order the charitable organization to cease roadway solicitation operations based upon, but not limited to: roadway issues, public safety concerns, weather conditions, or traffic conditions. This cease order does not transfer any liability or exposure to expenses to the official who is delaying or revoking the coin drop event.
[Ord. No. 16-2014]
The general penalty provision as contained in § 1-5 of the Revised General Ordinances of the Borough of Bloomingdale shall apply. 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.
[1966 Code § 41-1]
It shall be unlawful for any person to operate a merry-go-round or conduct a circus or a traveling or other street show within the limits of the Borough without first obtaining a license for that purpose; provided, however, that nothing in this section shall require any person to take out a license to sell any product of his farm or to sell milk.
[1966 Code § 41-2; New]
The fees for such licenses shall be as follows:
a. 
For a merry-go-round and a traveling and other street show: $25 per day.
b. 
For a circus: $100 per day.
c. 
A waiver from payment of fees may be granted by the Mayor and Council for eleemosynary, charitable or volunteer organizations.
[1966 Code § 41-4]
Any person desiring any such license shall make application, in writing, to the Municipal Clerk, signed by the applicant and stating his name, residence and post office address and the purpose for which such license is desired, which application shall be accompanied by the proper license fees; then the Municipal Clerk shall issue and deliver to the applicant the proper license subject to the approval of the Borough Council. Every such license so issued shall be valid only to the person named therein.
[1966 Code § 41-6]
All licenses issued prior to the 31st day of December in any year expire on that day, except licenses which are issued for a period of less than one year.
[1966 Code § 41-9; New]
Any person conducting a traveling or other show, merry-go-round or circus within the limits of the Borough without having first procured a license as herein provided or any person who shall violate any of the provisions of this section shall, upon conviction, be liable for the penalty stated in Chapter 1, § 1-5.
[Ord. No. 15-2003 § I]
FILMING
Shall mean the taking of still or motion pictures either on 8mm or video tape or similar recording medium, for commercial or educational purposes intended for viewing on television, in theaters or for institutional uses.
PUBLIC LANDS
Shall mean any and every public street, highway, sidewalk, square, public park or playground or any other public place within the Borough, which is within the jurisdiction and control of the Borough of Bloomingdale. Incidental use of a public sidewalk or street, which is of minimal impact and does not result in a closing of it to public use, shall not be considered filming on public land.
[Ord. No. 15-2003 § I]
a. 
No person or organization shall film or permit filming on public property within the Borough of Bloomingdale without first having obtained a permit from the Borough of Bloomingdale, which permit shall set forth the approved location of such filming and the approved duration of filming by specific reference to day or dates. Said permit must be readily available for inspection by the Borough officials at all times at the site of the filming.
b. 
All permits shall be applied for and obtained from the office of the Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the Mayor and Council and accompanied by a permit fee in the amount established by this Subsection 4-15.4 herein. All applications shall be accompanied with a description of the film and proposed film rating.
c. 
If a permit is issued and, due to inclement weather or other good cause, filming does not in fact take place on the dates specified, the Borough Clerk may, at the request of the applicant, issue a new permit for filming on the dates subject to full compliance with all other provisions of this section. No additional fee shall be paid for this permit.
[Ord. No. 15-2003 § I]
a. 
No permit will be issued by the Borough Clerk unless applied for prior to 24 hours before the requested shooting date, provided, however, that the Borough Clerk may waive the 24 hour time period, if, in his/her judgment, applicant has obtained all related approvals.
b. 
No permit shall be issued for filming upon public lands unless applicant has provided Borough Clerk with the satisfactory proof of the following:
1. 
Proof of insurance coverage as follows:
(a) 
For bodily injury to any one person in the amount of $500,000 and any occurrence in the aggregate amount of one million ($1,000,000) dollars.
(b) 
For property damage each occurrence in the aggregate amount of $300,000.
2. 
An agreement in writing whereby applicant agrees to indemnify and save harmless the Borough of Bloomingdale from the use of public lands.
3. 
Any agreement in writing whereby the applicant agrees that the location utilized will be left after filming in a satisfactory condition, free of debris, rubbish and equipment and that due observance of all Borough ordinances, laws and regulations will be followed.
4. 
The hiring of qualified security personnel, as recognized by State law, separate and apart from the Borough police officers which may be needed as per Subsection c below.
The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent practicable, abate noise and park vehicles so that they will have minimum affect on traffic. The holder shall avoid any interference with previously scheduled activities upon public lands and shall limit to the extent possible any interference with normal public activity on such public lands.
c. 
The Borough Clerk may refuse to issue a permit whenever he/she determines, on the basis of objective facts and after a review of the application and report thereon by the Police Department and by other Borough departments involved with the proposed filming site, that the filming at the location and/or the time set forth in the application would violate any law or ordinance or would unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare. Further, the Borough reserves the right to require one or more on-site police officers only in situations where the proposed production may impede the proper flow of traffic, the cost of said patrolmen to be borne by the applicant as a cost of production. Where existing electrical power lines are to be utilized by the production, an on-site licensed electrician is required if the production company does not have a licensed electrician on staff.
d. 
The Borough Clerk, Police Department and Fire Department will maintain copies of the approved permit.
e. 
The applicant shall permit the Fire or other Borough inspectors to inspect the site and the equipment to be used. The applicant shall comply with all safety instruction issued by the Fire Prevention Bureau or other Borough inspectors.
f. 
In addition to any other fees or costs mentioned herein, the applicant shall reimburse the Borough for any lost revenue, such as parking meter revenue, repairs to public property or other revenues that the Borough was prevented from earning because of filming.
g. 
The Mayor and Council may authorize a waiver of any of the requirements or limitations of this section.
[Ord. No. 15-2003 § I]
The schedule of fees for the issuance of permit authorized by this ordinance is as follows:
a. 
Filming permit: $50.
b. 
Daily filming fee:
1. 
For filming of eight or more hours of use of public lands per day, $1,000 per day.
2. 
For filming of less than eight hours of use of public lands per day, $500 per day.
c. 
Not-for-profit and educational purposes: No fee.
[Ord. No. 15-2003 § I]
Any person violating this section or rules and regulations contained within shall upon conviction thereof, be punished by a fine not to exceed $1,000 per day or by imprisonment. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. No. 14-2008 § 1]
As used in this section, the following terms shall have the meanings indicated:
BOROUGH PROPERTY
Shall mean any property owned or controlled by the Borough of Bloomingdale.
RECEPTACLE
Shall mean any container regardless of size or construction that is used for the collection of used clothing.
[Ord. No. 14-2008 § 2; Ord. No. 15-2009 § 1; Ord. No. 19-2012]
a. 
No person, firm, partnership, corporation, whether for profit or not for profit, shall place or cause to be placed a receptacle within the Borough of Bloomingdale without having first obtained a permit. Receptacles shall be located only on Borough property as determined by the Mayor and Council in accordance with a contract to be entered into with the Borough. In no event shall a receptacle be placed on any other property in the Borough of Bloomingdale, except that the Mayor and Council in its discretion may permit receptacles to be located on property owned and maintained by entities serving the public good, such as the Bloomingdale Volunteer Fire Department.
b. 
The application for a permit to place a receptacle within the Borough of Bloomingdale shall be made in writing to the Borough Clerk and signed by the applicant. The application shall set forth:
1. 
The location where the receptacle is to be situated, as precisely as possible.
2. 
The manner in which the applicant anticipates any clothing or other donations collected via the receptacle would be used, sold, or dispersed, and the method by which the proceeds of collected donations would be allocated or spent.
3. 
The name, and telephone number of the bona fide office required pursuant to Subsection c of this section, of any entity which may share or profit from any clothing or other donations collected via the receptacle.
4. 
Written consent from the property owner to place the receptacle on the property.
The governing body of the Borough of Bloomingdale shall not grant an application for a permit to place, use, or employ a receptacle if it determines that the placement of the receptacle could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of a receptacle within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gasses.
c. 
The fee for such application for the permit shall be $10 per organization. An expiring permit for a receptacle may be renewed by a charitable organization on an annual basis upon payment of $5 per organization. The renewal application shall include the following information: (1) The location where the receptacle is to be situated, as precisely as possible, and, if applicant intends to move it, the new location where the bin would be situated after the renewal is granted; (2) The manner in which the applicant has used, sold, or dispersed any clothing or other donations collected via the receptacle, the method by which the proceeds of collected donations have been allocated or spent, and any changes the applicant anticipates it may make in these processes during the period covered by the renewal; (3) The name, and telephone number of the bona fide office of the applicant and any entity which shared or profited from any clothing or other donations collected via the receptacle, and of any entities which may do so during the period covered by the renewal; (4) The schedule of pickups removing the articles from the receptacles, which can be no less often than once per week, and the name and telephone number of the person to be notified if the receptacle is overflowing prior to the date of pickup; (5) Written consent from the property owner to place the receptacle on the property; and (6) Proof of charitable registration with the Attorney General as a charitable organization.
d. 
The permit issued shall only be valid for a one-year period. No permit shall be valid for a period in excess of one year. Irrespective of the issuance of any permit, the Borough reserves the right to terminate any contract and order the removal of any bins upon 10 days written notice.
e. 
Exception. If the owner or sponsor of the receptacle is the Borough of Bloomingdale or any governmental subdivision thereof, such as the Borough Police Department, and the receptacle serves a governmental function and contributes to the general welfare of the public, it shall be exempt from the requirements contained in Subsections 4-16.2a through d above.
[Ord. No. 14-2008 § 3; Ord. No. 15-2009 § 1]
a. 
No more than six receptacles shall be placed in any location.
b. 
Each receptacle shall not exceed five feet in depth, eight feet in width and six feet in height.
c. 
The following information shall be clearly and conspicuously displayed on the exterior of the receptacle: (1) The permit number and expiration date; and (2) The information required to be displayed on the receptacle in N.J.S.A. 40:48-2.61.
[Ord. No. 15-2009 § 1]
The Borough Council shall receive and investigate, within 30 days, any complaints from the public about a receptacle. Whenever it appears to the Borough Council that a person or entity has engaged in, or is engaging in any act or practice in violation of this section, the entity who placed the receptacle shall be issued a warning, stating that if the violation is not rectified or if a hearing before the Borough Council is not requested within 45 days, the receptacle will be seized or removed at the expense of the entity who placed the receptacle, and any clothing or other donations collected via the receptacle will be sold at public auction or otherwise disposed of. In addition to any other means used to notify the person or entity who placed the receptacle, such warning shall be affixed to the exterior of the receptacle itself. In the event that the entity who placed the receptacle does not rectify the violation or request a hearing within 45 days of the posting of the warning, the Borough Council may order the receptacle seized, remove it, or have it removed at the expense of any entity who placed the receptacle, and sell it at public auction or otherwise dispose of any clothing or other donations collected via the receptacle. Any proceeds from the sale of the donations collected via the receptacle shall be paid to the Chief Financial Officer of the Borough.
[1]
Editor's Note: Former Subsection 4-16.4, Location, previously codified herein and containing portions of Ordinance No. 14-2008, was repealed in its entirety by Ordinance No. 15-2009.
[Ord. No. 14-2008 § 5]
The receptacles shall be maintained in a clean, sanitary condition, painted and in good working order. Each receptacle shall be emptied by the permittee regularly at a minimum of three times each week as specified in the contract with the Borough. The areas adjacent to the containers shall be kept clear of all boxes and debris.
[Ord. No. 14-2008 § 6; Ord. No. 15-2009 § 1]
The general penalty provision as contained in § 1-5 of the Revised General Ordinances of the Borough of Bloomingdale shall apply. 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. In addition, any person or entity who violates any provision of this section shall be subject to a penalty of up to $20,000 for each violation pursuant to N.J.S.A. 40:48-2.60 et seq. The Borough may bring this action in the Municipal Court or the Superior Court of New Jersey as a summary proceeding under the Penalty Enforcement Law of 1999. Any penalty moneys collected therefrom shall be paid to the Chief Financial Officer of the Borough. An entity violating this section shall be deemed ineligible to place, use, or employ a receptacle for solicitation purposes pursuant to N.J.S.A. 40:48-2.61 et seq. An entity disqualified from placing, using, or employing a receptacle by violating the provisions of N.J.S.A. 40:48-2.60 et seq. may apply to the Borough Council to have eligibility restored. The Borough Council may restore the eligibility of an entity who a) acts within the public interest, and b) demonstrates that they have made a good faith effort to comply with the provisions of N.J.S.A. 40:48-2.60 et seq. and all other applicable laws and regulations and has no fraudulent intentions.
[Ord. No. 7-2017]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning stated herein unless their use in the text of this section clearly demonstrates different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number shall include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
ELECTRONIC SMOKING DEVICE
Shall mean an electronic or other powered device that can be used to deliver nicotine or other substances to the person inhaling from the device, including but not limited to, an electronic cigarette, cigar, cigarillo or pipe, or any cartridge, refill or other component of the device or related product, including but not limited to refills such as liquids, gels, waxes and powders.
LICENSE YEAR
Shall mean the time period covering June 1st through May 31st of the year for which a license is issued pursuant to this section.
RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT
Shall mean any establishment that sells, distributes, gives or offers for sale electronic smoking devices designed for consumption through inhalation.
SALE
Shall mean every delivery of electronic smoking devices, whether the same is by direct sale or the solicitation or acceptance of an order, including the exchange, barter, traffic in, keeping and exposing for sale, displaying for sale, delivering for value, peddling and possession with intent to sell, distribute or give.
[Ord. No. 7-2017]
a. 
No person shall conduct, maintain or operate a retail electronic smoking device establishment that sells, distributes or gives electronic smoking devices without first obtaining from the Bloomingdale Health Department a written license approved to do so.
b. 
Fees in accordance with the following schedule shall be paid before any license required in this section shall be issued:
Electronic Smoking Device Establishment License: $250.
The fee for each initial license per retail location issued to a licensee pursuant to this section shall be an amount proportionate to the number of months remaining in the License Year including the month in which the license is issued (for example, a License issued to a new licensee in February shall be one third of $250 ($83.33).
c. 
Licenses issued under the provisions of this section, unless forfeited or revoked by the Bloomingdale Health Department, shall expire annually on the 31st day of May of each year. In order to continue selling electronic smoking devices in the next license year, the retail electronic smoking device establishment shall apply for a renewal of their license for each retail location at least 90 days prior to expiration of the current license year, and the annual License renewal fee is $250 per retail electronic smoking device establishment location.
d. 
At the time of the initial application and any subsequent renewals, or at the discretion of the local health department, license holders shall:
1. 
Disclose if they are also a manufacturer, wholesaler and distributor of nicotine electronic smoking devices as defined above (which includes related products, components, refills, etc.), and if that part of their business is conducted or takes place at the same location as the retail electronic smoking device establishment or another location(s) as noted in the initial application or subsequent renewals. If such business takes place at a different address(s) in the Borough of Bloomingdale, the said retail electronic smoking device establishment shall disclose such address(s) in the Borough of Bloomingdale.
2. 
Provide any and all contact information, including but not limited to company name, company contact name, address, phone, website and email, regarding any and all sources of their nicotine delivery products for sale or distribution. This includes but is not limited to information regarding any and all nicotine delivery product suppliers, manufacturers, wholesalers, distributors, etc., including those based in the Borough of Bloomingdale.
e. 
No license is transferable by sale or otherwise.
f. 
Such license shall be posted in a conspicuous place in such establishment. No itinerant establishments shall be permitted to obtain an electronic smoking device establishment license.
g. 
All licensing fees shall be paid to the Borough of Bloomingdale to offset budget appropriations in connection with education and enforcement of this section and/or the States Tobacco Age of Sale Inspection Program.
[Ord. No. 7-2017]
a. 
No person shall sell, distribute or give electronic smoking devices in the Borough of Bloomingdale unless an employee of the establishment controls the sale of such products. A person may only sell electronic smoking devices in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays and vending machines of electronic smoking devices shall be prohibited.
b. 
No person shall sell, distribute, or give electronic smoking devices to any person under the age of 21 years.
c. 
No retail electronic smoking device establishment shall allow the retailer, employee or any other person to sell, distribute or give such products until the retailer, employee or other person has read the Bloomingdale Ordinances and State laws pertaining to the sale of electronic smoking devices and has signed a statement that they have read such ordinances and State laws. Such form statement will be supplied by the Bloomingdale Health Department and all signed original statements shall be kept on file by the retail electronic smoking device establishment and made immediately available at all times for review by the Bloomingdale Health Department. All retail electronic smoking device establishments shall be in compliance with this provision by the effective date, September 1, 2017.
d. 
The sale of any electronic smoking device refill including but not limited to any and all liquids, gels, wax or powders, and whether or not such refill contains nicotine, that is intended for human consumption and is not contained in packaging that is child-resistant is prohibited as set forth in N.J.S.A. § 2A:170-51.9 et seq.
e. 
License holders can only do in-person marketing and sales of electronic smoking devices at their retail electronic smoking device establishment. There shall be no cross marketing or sales at nonregistered retail locations and mobile locations, including but not limited to, street fairs, local fairs, festivals, etc.
[Ord. No. 7-2017]
a. 
This section shall be enforced by the Bloomingdale Health Department and/or other municipal officials of the Borough of Bloomingdale.
b. 
Any person found to be in violation of this section shall be ordered to cease the sale of electronic smoking devices immediately.
[Ord. No. 7-2017]
a. 
Unless otherwise provided by law, statute or ordinance, any person(s) who is found to be in violation of the provisions of this section shall, upon conviction thereof, pay a fine of $500 for the first violation, $750 for the second violation, and $1,000 for third and each subsequent violation. Each violation, and every day in which a violation occurs, shall constitute a separate violation. No fines shall be issued for 60 days after publication of this section.
b. 
In addition any violator of this section shall be subject to having any Borough license held by the violator, suspended, revoked or fined. No such action may be taken unless the requirements of due process are satisfied.
c. 
These penalties are in addition to any penalties that may be imposed including but not limited to penalties imposed by the New Jersey Code of Juvenile Justice, N.J.S.A. § 2A:170-51 et seq. and N.J.S.A. 2C:33-13.1 et seq.
d. 
Fines and sanctions associated with this section shall be dedicated and forwarded to the Bloomingdale Health Department to be used in connection with education and enforcement of this ordinance. The monies shall be maintained by the Chief Financial Officer or Comptroller of the Borough of Bloomingdale.
[Added 5-3-2022 by Ord. No. 7-2022; amended 6-28-2022 by Ord. No. 13-2022]
a. 
Prior to commencing and engaging in any cannabis retail activities and uses within the Borough permitted by the Commission pursuant to a state-issued Class 5 cannabis retail license or a Class 3 cannabis wholesaler license validly issued in accordance with the Act, any person, business, and/or organization shall first apply for and secure from the Borough a local annual cannabis license, except that nothing herein shall be read or construed to conflict with the statutory provisions as to cannabis delivery services licensed by the Cannabis Regulatory Commission.
b. 
The initial local annual cannabis license shall be valid until December 31, 2022. Thereafter, the period of the annual local cannabis license shall commence on January 1 and expire on December 31 of the calendar year.
c. 
By no later than December 1 of any existing license year, the licensee shall be required to file an application for the renewal of a local annual cannabis license to be authorized to continue operation as a Class 5 cannabis retailer or Class 3 wholesaler within the Borough.
d. 
All local annual cannabis licenses shall be conditional, and shall remain subject to all state and local laws and regulations. Failure of any licensee to comply with such applicable laws shall be grounds for revocation and/or nonrenewal of the local annual cannabis license by the Borough Council.
e. 
Unless the Borough issues a license renewal, it shall be unlawful for any person to manufacture, sell, distribute, transfer, transport, or otherwise remove cannabis or cannabis products/items from the premises of any license after the expiration date recorded on the face of the license.
f. 
All local annual cannabis licenses shall be nontransferrable. All local annual cannabis licenses shall be specific to the property location authorized and approved by the Borough and shall not otherwise be considered a "pocket license."
g. 
The licensed premises of all licensees shall be subject to unannounced inspections by a designated representative of the Borough. Access shall be permitted by the designated representative on demand by the Borough's authorized representative.
[Added 5-3-2022 by Ord. No. 7-2022; amended 6-28-2022 by Ord. No. 13-2022]
a. 
Nonrefundable Application Fee. The applicant shall submit a nonrefundable application fee of $2,000 to the Office of the Municipal Clerk under oath on a form furnished by the Borough of Bloomingdale.
b. 
Number of Licenses Permitted:
1. 
Class 3 cannabis wholesaler license: one.
2. 
Class 5 cannabis retailer license: one.
c. 
Annual Licensing Fee. The annual fee for successful applicants operating cannabis establishments in the Borough of Bloomingdale shall be implemented as required in accordance with the following fee schedule, which shall be refunded in the event the applicant does not receive an annual license.
1. 
Class 3 cannabis wholesaler license: $5,000.
2. 
Class 5 cannabis retailer license: $5,000. The annual fee for microbusinesses shall be half of the class annual fee.
d. 
Upon the filing of the application, the applicant shall pay to the Borough an application fee of $2,000. The Office of the Municipal Clerk shall then transmit the application to the Office of Police Chief for the Bloomingdale Police Department or the Chief's designee, the Mayor, the Borough Administrator, and the Borough Council for review of the application. These departments shall review the application and forward their comments to the Clerk's Office 15 business days from transmission of the application.
e. 
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 and transmitted for review until all documents and application fees are submitted. To be deemed complete, all applications shall be accompanied by the following:
1. 
The name and home address of the applicant. If the applicant is not a natural person, the applicant shall submit a statement setting forth the names and home addresses of all stockholders in the corporation or partnership who own 10% or more of its stock, of any class or of all individual partners in the partnership who own a 10% or greater interest therein, as the case may be. If one or more such stockholder or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's stock, or the individual partners owning 10% or greater interest in that partnership, as the case may be, shall also be listed with its home address. The disclosure shall be continued until names and home addresses of every noncorporate stockholder, and individual partner, exceeding the 10% ownership criteria has been listed.
2. 
The name of any other business entities in which any of the individuals identified pursuant to Subsection b1 of this provision have or have had an ownership interest which: (i) cultivates, manufactures, wholesales or dispenses cannabis or cannabis products; (ii) invests or finances in any such entity; or (iii) is regulated by any governmental entity.
3. 
A copy of the license issued by the Cannabis Regulatory Commission authorizing the applicant to operate as a licensed cannabis establishment with a copy of all application materials and documents submitted to the Commission for a license.
4. 
The applicant shall submit an affidavit and documentary proof of compliance with all state and local laws regarding affirmative action, antidiscrimination 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.
5. 
Plans prepared by a duly licensed architect, engineer, or planner which shall depict the layout and design for the proposed location of the licensed cannabis establishment within the Borough.
(a) 
The required plans shall depict the proposed security measures for the location. The plans shall be deemed confidential consistent with state law.
(b) 
The applicant shall also provide either a lease agreement or agreement of sale for the property where the applicant intends to operate the licensed cannabis establishment. The lease agreement or agreement of sale may be contingent upon the applicant's ability to successfully: (i) obtain a local license; and (ii) if applicable, obtain approval from the Bloomingdale Planning Board and/or the Zoning Board of Adjustment.
6. 
Acknowledgment and agreement authorizing the Bloomingdale Police Department to perform background checks and/or investigations regarding any individuals disclosed pursuant to Subsection e1 of this provision and any employees of the applicant.
7. 
If the applicant is applying for a local license as a targeted microbusiness, a copy of any and all documents issued by the Cannabis Regulatory Commission declaring the applicant as microbusiness under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act with a copy of all application materials and documents submitted to the Commission for such a declaration.
[Added 6-28-2022 by Ord. No. 13-2022]
Pursuant to N.J.S.A. 2C:35-10(a), the transfer of usable cannabis in any instance where the usable cannabis is not obtained directly from a licensed cannabis retailer and/or is transferred without remuneration or for promotional and/or business purposes is hereby strictly prohibited within the geographic boundaries of the Borough of Bloomingdale.
[Added 6-28-2022 by Ord. No. 13-2022; amended 3-21-2023 by Ord. No. 10-2023]
a. 
Any person(s), firm(s), business(es), corporation(s) and/or other organization(s), including any licensed medical and/or cannabis establishment, found to be engaged activities in violation of § 14-18.1 shall be subject to a civil fine and penalty not exceeding $2,000.
b. 
Any person(s), firm(s), business(es), corporation(s) and/or other organization(s), including any licensed medical and/or cannabis establishment, found to be engaged in activities in violation of § 14-18.3 shall be subject to a civil fine and penalty not exceeding $2,000.
c. 
Each and every day any person(s), firm(s), business(es), corporation(s) and/or other organization(s), including any licensed medical and/or cannabis establishment, remains in violation of the provisions of this section after the deadline for compliance set forth in any notice of violation issued by the enforcing officer(s) of the Borough shall be considered a continuing violation punishable as a separate and distinct offense and subject to a separate civil fine and penalty for each and every day the violation continues. For purposes of this chapter, the Borough Enforcing Officers shall be the Bloomingdale Police Department.
d. 
The Municipal Court or Superior Court shall have jurisdiction to hear and decide any action(s) brought to enforce the provisions of this section, the hearing for which shall be conducted in a summary manner pursuant to N.J.S.A. 2B:12-16, and any final order imposing fines and penalties for a violation of this Code shall be enforceable in the Municipal Court or Superior Court and collectible as a lien against the property of the violator in accordance with the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 to N.J.S.A. 2A:58-12.
[Added 5-3-2022 by Ord. No. 7-2022; amended 6-28-2022 by Ord. No. 13-2022]
a. 
Establishment of Transfer and User Tax.
1. 
Pursuant to Section 40 of the Act, N.J.S.A. 40:481-1a(1), the following transfer taxes are hereby established on all cannabis businesses operating within the Borough, at the maximum amount as permitted by the laws of the State of New Jersey or the amounts set forth below, whichever is greater, as follows:
(a) 
2% on the gross receipts from each sale of all cannabis and cannabis items by any cannabis retailer to consumers;
(b) 
1% on gross receipts from each sale by a cannabis wholesaler.
2. 
The transfer tax shall be stated, charged and shown separately on any sales slip, invoice, receipt or other statement or memorandum of the price paid or payable or equivalent value of the transfer for the cannabis or cannabis item.
3. 
The transfer tax shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity with regard to cannabis.
4. 
Pursuant to Section 40 of the Act, N.J.S.A. 40:48I-1a(2), the following user taxes are hereby established on all concurrent license holders operating within the Borough, which shall be in addition to any other tax imposed by law as the maximum amount as permitted by the laws of the State of New Jersey or the amounts set forth below, whichever is greater as follows:
(a) 
2% of the receipts from each sale by a cannabis retailer;
(b) 
1% of the receipts from each sale by a cannabis wholesaler.
5. 
The user tax shall be imposed on the value of each transfer or use of cannabis or cannabis items not otherwise subject to the transfer tax imposed on the license holder's business that is located in the Borough to any other of the license holder's businesses, whether located in this municipality or any other municipality.
6. 
The user tax shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity with regard to cannabis.
7. 
Any transaction for which the user or transfer tax hereinabove is imposed, is exempt from the tax imposed under the Sales and Use Tax Act, except for those which generate receipts from the retail sales by cannabis retailers.
b. 
Collection of transfer and user tax. In accordance with the provisions of N.J.S.A. 40:481-1, every cannabis business required to collect the transfer and user taxes imposed by this section shall be personally liable for the transfer and user tax imposed, collected, or required by this Section and N.J.S.A. 40:481-1.
1. 
Any cannabis business collecting a transfer tax or user tax shall have the same right with respect to collecting the tax from another cannabis business or the consumer as if the tax was a part of the sale and payable at the same time.
2. 
With respect to nonpayment of the transfer tax or user tax by the cannabis business or consumer, as if the tax was part of the purchase price of the cannabis or cannabis item and payable at the same time, provided that the Chief Financial Officer of the municipality that imposes the transfer tax and user tax is joined as a party in any action or proceeding brought to collect the transfer tax or user tax.
3. 
No cannabis business required to collect the transfer and user taxes imposed by this chapter shall advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the transfer tax or user tax will not be separately charged and stated to another cannabis business or the consumer or that the transfer tax or user tax will be refunded to the cannabis business or the consumer.
c. 
Remittance of Cannabis Taxes; Delinquencies.
1. 
Each cannabis business collecting transfer and user taxes pursuant to this section shall be remitted to the Borough's Chief Financial Officer on a monthly basis.
2. 
Delinquent Taxes. If the transfer tax or user tax is not paid when due, the unpaid balance, and any interest accruing thereon, shall be a lien on the parcel of real property comprising the cannabis business's premises.
3. 
The lien shall be superior and paramount to the interest in the parcel of any owner, lessee, tenant, mortgagee, or other person, except the lien of municipal taxes, and shall be on a parity with and deemed equal to the municipal lien on the parcel for unpaid property taxes due and owing in the same year.
4. 
The Borough shall file in the office of its Tax Collector a statement showing the amount and due date of the unpaid balance of cannabis taxes and identifying the lot and block number of the parcel of real property that comprises the delinquent cannabis business's premises. The lien shall be enforced as a municipal lien in the same manner as all other municipal liens are enforced.
Failure of the cannabis business to make full payment of the user and transfer taxes hereinabove imposed shall be grounds for the immediate revocation and/or termination of any local annual cannabis license and/or any local annual cannabis license shall not be renewed unless until all outstanding user and transfer taxes are paid in full. All user and transfer taxes shall also be paid should the licensee make application to the Borough's Zoning and/or Planning Boards for any land use approvals.
d. 
Administration of Transfer Tax. The Chief Financial Officer is charged with the administration and enforcement of the provisions of this section and is empowered to recommend adoption and promulgation of rules and regulations for enforcement relating to any matter pertaining to the administration and enforcement of this section, including provisions for the reexamination and corrections of declarations and returns, and of payments alleged or found to be incorrect, or as to which an overpayment is claimed or found to have occurred, and to prescribe forms necessary for the administration of this chapter. Should a cannabis establishment fail or refuse to provide adequate information to the Chief Financial Officer to determine the amount of tax due, the Chief Financial Officer may use information provided to the Chief Financial Officer from other sources (i.e., the Commission or Department of Treasury) to determine the amount of tax liability.
1. 
It shall be the duty of the Chief Financial Officer to collect and receive the taxes, fines, and penalties imposed by this section. It shall also be the duty of the Chief Financial Officer to keep a record showing the date of such receipt. The Chief Financial Officer is authorized to enter into agreements with the State of New Jersey to obtain information to facilitate administration of the tax. The Chief Financial Officer is authorized to issue a ruling upon written request of a taxpayer or upon its own volition.
2. 
The Chief Financial Officer is hereby authorized to examine the books, papers and records of any taxpayer to verify the accuracy of any declaration or return, or if no declaration or return was filed, to ascertain the tax due. Every taxpayer is hereby directed and required to give to the Chief Financial Officer, or to any agent designated by him/her, the means, facilities and opportunity for such examinations and investigations, as are hereby authorized.
[Added 2-20-2024 by Ord. No. 3-2024]
Provided that a request satisfies the criteria set forth in this section, the Governing Body does hereby delegate to the Municipal Clerk the authority to issue block party permits.
a. 
The application must be submitted to the Clerk's office at least four weeks prior to the proposed date.
b. 
The application must be made by an individual resident of the street and include that resident's address and telephone number where the individual can be reached. This individual shall be named as the "Block Party Coordinator."
c. 
The application for permit must include a date and rain date.
d. 
The application shall be reviewed by the Municipal Clerk, Administrator, Chief of Police and the Department of Public Works.
e. 
Permit fee is $25.
f. 
No more than two permits may be granted for each block/street during any one calendar year.
g. 
The application for permit shall state the hours of the block party. Party hours on Friday, Saturday or the day before a recognized national holiday, may not commence before 10:00 a.m. and must be completed by 10:00 p.m. For parties on Sunday through Thursday, the hours may not commence before 10:00 a.m. and must be completed by 9:00 p.m.
h. 
The application shall include a sketch of the area involved showing the various intersections involved.
i. 
At the discretion of the Chief of Police, their designee, or Traffic Bureau, barricades will be placed at the corners of the intersections to be blocked. No major intersections or major streets may be blocked.
j. 
No street shall be completely blocked by block party. Street access must be available for persons wishing to use the public right-of-way for pedestrian or vehicular access to their property on the block and for emergency vehicles.
k. 
The application shall be accompanied by a petition containing the signatures and addresses of residents affected by the street or portion of street to be closed, documenting their agreement with the planned block party. The Clerk shall not issue any block party permit unless the petition contains a number of signatures representing 85% of the homes, affected by the closure, on the street where the party will be located.
l. 
The Bloomingdale Police Department and any other law or code enforcement official shall have the authority to order termination of the block party for violation of the conditions of the permit or for violation of any Borough, county or state law or regulation.