[HISTORY: Adopted by the Borough Council of the Borough of Lincoln Park 3-20-2023 by Ord. No. 4-23, effective 4-9-2023. Amendments noted where applicable.]
The purpose of this chapter to comply with the state mandate (P.L. 2022, c. 92) requiring municipalities to ensure that business and rental unit owners located in the municipality maintain minimum liability insurance policies and annually register a certificate of insurance with the Borough.
As used in this chapter, the following terms shall have the meanings indicated:
BUSINESS
Any person or entity offering and/or engaged in buying, selling, storing and/or transferring merchandise, goods, real property, personal property, moneys, services and/or other items who do so for a fee, price, retainer, commission, percentage and/or other means of compensation for the purpose, stated or otherwise, of realizing a profit or other gain. This shall include businesses operating on a temporary basis within the Borough such as peddlers, solicitors, and transient vendors licensed and temporary retail food establishments and mobile food units.
CERTIFICATE OF INSURANCE
The certificate of insurance form provided by the liability insurance company detailing the insurance liability coverage amount.
MUNICIPAL INSURANCE CERTIFICATE
The certificate issued by the Borough Clerk indicating compliance with the registration requirement.
MUNICIPAL INSURANCE REGISTRATION FORM
The registration form to be filed with the Borough Clerk.
A. 
The owner of a business or the owner of a rental unit or units, other than a multifamily home as set forth in Subsection B below, shall be required to maintain liability insurance for all negligent acts and omissions in an amount of no less than $500,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.
B. 
The owner of a multifamily home which is four or fewer units, one of which is owner-occupied, shall maintain liability insurance for all negligent acts and omissions in an amount of no less than $300,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.
A. 
Any owner of a business or rental unit(s) required to maintain insurance as set forth in this chapter is required to register the certificate of such insurance coverage with the Borough Clerk as follows:
(1) 
Within 30 days of the date this chapter takes effect.
(2) 
Within 30 days of the date of the establishment of said business or rental unit(s) within the Borough.
(3) 
On or before January 31 of each calendar year following enactment of this chapter.
B. 
A new certificate will be required annually for each calendar year. All certificates shall be renewed no later than January 31 of each year. It shall be the responsibility of any owner covered by this requirement to apply for a certificate at the office of the Borough Clerk.
A. 
The Borough Clerk shall accept, approve, and file registration applications, and collect registration fees hereunder.
B. 
The registration fees for this chapter are set forth in Chapter 34, Fees, § 34-23, Business and rental unit liability insurance registration fee, and shall accompany the application submitted and shall be paid annually.
C. 
The registration form shall contain the following information for each owner applying for a certificate:
(1) 
The name and address of the applicant. If the applicant is a corporation, the name and address of its registered agent.
(2) 
The address of the business or rental unit as applicable. If the registration applies to a transient business or a mobile food unit, a general description of the time frame for operation and area where the business will be operated.
(3) 
The nature of the business if the applicant is a business.
(4) 
The phone number of the applicant and email address of the applicant.
(5) 
The name and policy number of the insurance company providing liability insurance.
D. 
The applicant shall submit a copy of a certificate of insurance (COI) for the insurance policy reflecting the required insurance coverage amount.
E. 
The Borough Clerk shall issue an insurance registration certificate upon satisfactory submission by the applicant.
Any person who violates the terms of this chapter shall pay a fine of not less than $500 but no more than $5,000 which is collectible through a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.).