[Adopted 6-1-1966 by Ord. No. 8-1966]
As used in this article, the following terms shall have the meanings indicated:
BUSINESS
As used in both singular and plural sense, includes all kinds of vocations, occupations, professions, enterprises, establishments and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit, or benefit, either directly or indirectly, on any premises in the City of Brigantine, as set forth in N.J.S.A. 40:52-1 and the acts amendatory thereof and supplemental thereto.
CANVASSER and SOLICITOR
Any person traveling either by foot, wagon, automotive vehicle or any type of conveyance from place to place or from house to house carrying, conveying or transporting goods, wares, food or other merchandise and offering and exposing the same for sale upon invitation only at the consumer's home, business or other premises and not for sale to the general public at locations within the public right-of-way.
[Amended 6-16-1982 by Ord. No. 23-1982]
CIGARETTE VENDING MACHINE
Any automatic vending machine used for the sale of cigarettes, cigars, tobacco and/or matches, and controlled by the insertion of a coin or coins.
FIRE AND OTHER ALTERED-GOODS SALE
Sales held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means.
GOING-OUT-OF-BUSINESS SALE
A sale held in such a manner as to reasonably cause the public to believe that, upon the disposal of the stock and goods on hand, the business will cease and be discontinued, including but not limited to the following sales: adjuster's, adjustments, alterations, assignee's, bankrupts', benefit-of-administrator's, benefit-of-creditors', benefit-of-trustee's, building-coming-down, closing, creditor's-committee, creditor's, executor's, final-days, forced-out, forced-out-of-business, insolvent's, last-days, lease-expires, liquidation, loss-of-lease, mortgage-sales, receiver's, trustee's and quitting-business.
HANDBILL DISTRIBUTOR
Includes any person engaged in distributing commercial or noncommercial handbills, other than newspapers distributed to subscribers thereof, for himself or any other person, upon any of the public and private streets, places and premises, other than his own premises, in the City of Brigantine. This definition shall not prohibit sale of newspapers, regularly published, through newsboys, newsmen or from news store premises in the City of Brigantine.
HANDBILLS
A. 
COMMERCIAL HANDBILLIncludes any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature which:
(1) 
Advertises for sale any merchandise, product, commodity or thing;
(2) 
Directs attention to any business or mercantile or commercial establishments or other activity, for the purpose of either directly or indirectly promoting the interests thereof by sale;
(3) 
Directs attention to or advertises any show, theatrical performance, exhibition or event of any kind, which an admission fee is charged for the purpose of private gain or profit;
(4) 
While containing reading matter other than advertising matter, is predominately and essentially an advertisement and is distributed or circulated for advertising purposes or for private benefit and gain of any person so engaged as advertiser or distributor; or
(5) 
Is not distributed on a regular basis.
B. 
NONCOMMERCIAL HANDBILLIncludes any printed matter or written matter, any sample or device, dodger, circular, leaflet, pamphlet, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any letter or literature not included in the aforesaid definition of a "commercial handbill."
C. 
The aforegoing definitions of "commercial handbill" and "noncommercial handbill" shall not include any newspaper of general circulation as defined by general law or any periodical or current magazine regularly published with not fewer than four issues a year and sold to the public.
INSIGNIA (or its singular number "insigne")
Any tag, plate, badge, emblem, sticker or any other kind of device which may be required for any use in connection with any license.
JUKEBOX
Any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, or by the payment of any price, operates or may be operated for the emission of songs, music or similar amusement.
MECHANICAL AMUSEMENT DEVICE
Any machine operated mechanically, electrically or otherwise which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, skill ball, mechanical grab machines and all games, operations or transactions similar thereto, under whatever name they may be included.
PEDDLER
Any person, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place and from street to street, carrying, conveying or transporting goods, wares, foods or other merchandise, offering and exposing the same for sale to the public at locations within the public right-of-way and not at the consumer's home, business or other premises. The term "peddler" shall include the terms "hawker" and "huckster."
[Amended 6-16-1982 by Ord. No. 23-1982]
PERSON
Includes individual natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups, or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof, in any capacity, acting either for himself or for any other person under either personal appointment or pursuant to law.
PREMISES
Includes all land, structures and places, and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such premises.
REMOVAL OF BUSINESS SALE
A sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock and goods on hand and then move to and resume business at a new location within the City of Brigantine or will then continue business from other existing locations in said City.
TRANSIENT MERCHANT or ITINERANT VENDOR
Persons, corporations or partnerships, whether principal or agent, who engage in a merchandising business in the City of Brigantine, New Jersey, with intent to close out or discontinue such business within one year from the date of commencement, including those who, for the purpose of carrying on such business, hire, lease or occupy any building, structure or railroad car for the exhibition and sale of such goods, wares and merchandise, but nothing in this definition shall be construed to affect the sale of fruits, vegetables and farm products, such as meat, poultry, butter and eggs.
[Amended 6-16-1982 by Ord. No. 23-1982]
VENDING MACHINE
Includes any machine or device, whether automatic or not, controlled by the insertion of a coin or coins, for the vending of service, food, liquids, confections, goods, wares, merchandise or articles of any type, kind or description.
[Amended 6-16-1982 by Ord. No. 23-1982]
It shall be unlawful for any person, partnership or corporation, either directly or indirectly, to conduct the business of peddling any goods, wares, food or other merchandise within the City of Brigantine unless the individual actively conducting such business holds a valid license to do so pursuant to N.J.S.A. 45:24-9 et seq. No additional license shall be required from the City of Brigantine for the business of peddling to be actively conducted by the holder of such a license. No other lawful business shall be conducted within the City of Brigantine unless a license or permit therefor is first procured and kept in effect at all such times as required by this article or any other applicable ordinance of the City of Brigantine.
For the purposes of this article, any person shall be deemed engaging in business and subject to the provisions of this article when he does one act of:
A. 
Selling any goods or service.
B. 
Soliciting business or offering goods or services for sale or hire.
C. 
Acquiring or using any vehicle, machine, or device or any premises in the City of Brigantine for business purposes.
The agents, servants, employees or other representatives of corporations, partnerships, resident or nonresident individual natural persons, joint ventures, societies, associations, clubs, trustees, trusts or unincorporated groups shall be personally responsible for the compliance with this article by their principals and by the businesses they represent.
For a going-out-of-business sale or a removal-of-business sale or a fire or other altered-goods sale, no person shall be granted a license unless:
A. 
He has been the owner of a business as described in the application for a license hereunder for a period of at least six months prior to the date of the proposed sale.
B. 
He has not held a similar sale, at the location stated in the application, within one year last past from the date of such application.
C. 
The application applies to only one business and is not conducted or advertised in cooperation or by participation with any other business.
D. 
He shall file with the licensing officer a complete inventory of goods that are to be offered for sale.
In cases covered by § 210-5 preceding, the license shall:
A. 
Authorize only one type of sale described in the application at the location named therein.
B. 
Authorize only the sale of goods described in the inventory filed with the licensing officer and shall forbid additions or replacements.
C. 
Continue for a period not exceeding three months from the date of granting of license and shall not be renewable, assignable or transferable.
The provisions of §§ 210-5 and 210-6 preceding shall not apply to or affect:
A. 
Any person acting pursuant to an order or process of a court of competent jurisdiction.
B. 
Persons acting in accordance with their powers and duties as public officials.
[Added 5-19-1993 by Ord. No. 3-1993]
No mercantile license shall be issued to any person, corporation or other entity seeking to operate any business which requires the issuance of such a mercantile license, which is situated within the City of Brigantine, nor shall any such mercantile license be renewed unless the applicant for said mercantile license has submitted sufficient proof to the Mercantile Officer of the City of Brigantine that there are no delinquent local real property taxes outstanding concerning the land and/or premises upon which the business is to be conducted which requires the applicant to apply for such mercantile license.
[Added 5-19-1993 by Ord. No. 3-1993]
No mercantile license shall be issued to any person, corporation or other entity seeking to operate any business which requires the issuance of such a mercantile license, which is situated within the City of Brigantine, nor shall any such mercantile license be renewed unless the applicant for said mercantile license has submitted sufficient proof to the Mercantile Officer of the City of Brigantine that there are no delinquent water charges (including charges for excess water consumption) outstanding concerning the land and/or premises upon which the business is to be conducted which requires the applicant to apply for such mercantile license.
[Added 5-19-1993 by Ord. No. 3-1993]
No mercantile license shall be issued to any person, corporation or other entity seeking to operate any business which requires the issuance of such a mercantile license, which is situated within the City of Brigantine, nor shall any such mercantile license be renewed unless the applicant for said mercantile license has submitted sufficient proof to the Mercantile Officer of the City of Brigantine that there are no delinquent sewer charges outstanding concerning the land and/or premises upon which the business is to be conducted which requires the applicant to apply for such mercantile license.
[Added 5-19-1993 by Ord. No. 3-1993]
This ordinance[1] is limited in its effect to mercantile licenses only and is not intended to change, modify or alter in any fashion the definition of delinquent real property taxes, water charges or sewer charges as stated by other ordinances of the City of Brigantine, regulations, statutes or as promulgated by any taxing authority or appropriate employees of the City of Brigantine.
[1]
Editor's Note: "This ordinance" refers to Ord. No. 3-1993, adopted 5-19-1993.
[Amended 6-20-1984 by Ord. No. 16-1984]
Every person required to procure a license under the provisions of this article shall submit an application for such license to the Mercantile License Officer of the City of Brigantine at the City Hall, Brigantine, New Jersey, which application shall be accompanied by the full amount of the fees chargeable for the license applied for.
Said application shall be a written statement upon the forms provided by the City License Officer and shall contain the following:
A. 
The previous license history of the applicant and whether there is any previous revocation or suspension and the reasons therefor.
B. 
A statement that the applicant is not violating Chapter 198, Land Use. If the applicant occupies a nonconforming use, proof of date of occupancy and operation must be given. If the applicant intends to operate any business at or located in or on property not zoned for commercial activities according to Chapter 198, Land Use, the applicant must first obtain permission of the applicable zoning authorities of the City of Brigantine to conduct such business. Failure to disclose the actual location of any business premises or intended business use shall cause the applicant to be subject to the penalty provisions of this article and of Chapter 198, Land Use, as subsequently amended. Mercantile licenses issued under this article to businesses having their principal place of business without the boundaries of this City and claiming to only operate equipment, vehicles or personnel within the boundaries of this City shall not be issued a mercantile license under this article nor maintain any place of business in the City of Brigantine, unless the application shall show the location of such business within or without the City of Brigantine and, further, if such location is claimed to be within the City of Brigantine, that it shall be one permitted to be a business location pursuant to Chapter 198, Land Use.
[Amended 12-16-1987 by Ord. No. 25-1987; 4-20-1988 by Ord. No. 8-1988]
C. 
A statement that the applicant is not in default under the provisions of this article or indebted or obligated in any manner to the City of Brigantine, except for current taxes.
D. 
The fingerprints of the person or persons having the management or supervision of the applicant's business.
[Amended 11-10-1993 by Ord. No. 29-1993]
E. 
The name of the person to whom the license will be issued and his residence address; if the applicant is not an individual, then the names, positions and residence addresses of all officers and managers of the applicant.
F. 
The premises at which the business is to be carried on and the name and address of the owner of said premises.
[Amended 6-16-1982 by Ord. No. 23-1982; 6-20-1984 by Ord. No. 16-1984; 11-10-1993 by Ord. No. 29-1993]
In addition to the requirements of § 210-9 preceding, persons applying for licenses as transient merchants, itinerant vendors, solicitors, canvassers or handbill distributors shall furnish this further information on their respective applications or attach the same thereto:
A. 
A listing of all misdemeanors, felonies or violations of any municipal ordinance for which the applicant has been convicted, the nature of the offense and the punishment assessed therefor. If the applicant is not an individual, these provisions shall apply to its officers and managers.
B. 
The place or places in the City of Brigantine where the applicant proposes to conduct business, solicit, canvass or distribute and the length of time it proposes to do so.
C. 
The place or places, within or without the City of Brigantine, where the applicant, within two years next preceding the date of said application, did conduct business, solicit, canvass or distribute.
D. 
A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale, where manufactured and located, and the proposed method of delivery.
E. 
A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers.
F. 
Credentials from the person, firm or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative.
G. 
Such other reasonable information as to the identity or character of the person or persons having the management or supervision of the applicant's business or the method or plan of doing such business as the City License Officer may deem proper to fulfill the purposes of this article and the protection of the public good.
H. 
A photograph of the applicant, taken within 30 days immediately prior to the date of filing of the application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.
I. 
If a vehicle is to be used, a description of the same, together with the license registration number or other means of identification.
J. 
A statement from a licensed physician of the State of New Jersey dated not more than seven days prior to the submission of the application, certifying the applicant to be free of infectious, contagious or communicable diseases.
No license, or renewal thereof, shall be issued to a person not of good moral character. If the applicant is not an individual, these provisions shall apply to its officers and managers.
Upon written request of the City License Officer or the City Clerk, the Chief of Police shall ascertain if the applicant has any criminal record and report, in writing, affirmatively or negatively thereon, within seven days after said request is made, indicating in his report his approval or disapproval of the granting of a license and giving his reason therefor.
[Amended 6-20-1984 by Ord. No. 16-1984]
After submission of the application and the required fees to the City Mercantile License Officer, the Mercantile License Officer shall make any investigation necessary and shall indicate his written approval or disapproval of the license application within 30 days after the application is filed. If approved, the license shall be issued forthwith. If disapproved, the Mercantile License Officer shall forthwith notify the applicant and the City Clerk in writing of such disapproval and the reasons therefor, and the applicant shall have 10 days from receipt of notice of disapproval to appeal from the decision of the Mercantile License Officer to the Board of Commissioners of the City of Brigantine who, after due hearing, can affirm or reverse the decision of the Mercantile License Officer.
[Amended 6-16-1982 by Ord. No. 23-1982; 11-10-1993 by Ord. No. 29-1993]
Before any license, as provided by this article, shall be issued for a transient merchant, itinerant vendor or commercial handbill distributor, the applicant for said license shall file with the City Clerk of the City of Brigantine a bond running to the City of Brigantine in the sum of $2,000 executed by the applicant as principal and issued by a surety company with a license to do business in the State of New Jersey as surety, which bond is to be approved as to form by the City Solicitor and conditioned as follows:
A. 
The applicant shall comply fully with all the provisions of the ordinances of the City of Brigantine and the statutes of the State of New Jersey respecting the applicant's business.
B. 
The bond shall provide for payment of all judgments and costs rendered against such applicant for any violation of said ordinances and statutes.
C. 
The bond shall provide for payment of all judgments and costs rendered or recovered against the applicant or any of his agents, servants or employees for damages growing out of any tort or crime committed by the applicant or any of his agents or employees on any person in the City of Brigantine, while engaged in business within the City, and for damages growing out of any misrepresentation or deception practiced on any person transacting such business with such applicant, whether such misrepresentations or deceptions were made or practiced by the applicant or by his servant, agent or employee, either at the time of making the sale or through any advertisement of any character whatsoever, printed or circulated with reference to the goods, wares and merchandise sold or any part thereof.
D. 
All money paid as a down payment will be accounted for and applied according to the representation of the applicant, or his agents, servants or employees, and further guarantee to any citizen or resident of the City of Brigantine doing business with the said applicant, or his servants, agents or employees, that the property purchased will be delivered according to the representation of the applicant, or his agents, servants or employees.
[1]
Editor's Note: Former § 210-16, Additional fee for Tourist and Business Development Commission, added 12-16-1987 by Ord. No. 25-1987, was repealed 2-6-2008 by Ord. No. 3-2008.
[Amended 5-16-1979 by Ord. No. 11-1979; 6-20-1984 by Ord. No. 16-1984; 12-16-1987 by Ord. No. 25-1987]
A. 
All license fees shall be due and payable to the collector of mercantile license fees at his office on the first day of December in each year, and all such licenses shall expire on the 30th day of November following such payment.
[Amended 5-19-1993 by Ord. No. 3-1993]
B. 
Renewal licenses not purchased prior to the first day of the month following the expiration date, except in transition years 1988 to 1989 and 1989, shall be surcharged a fee as set forth in Article II, Fees Schedule, of this chapter, per month, administrative late charge. Nothing in this subsection limits or is intended to restrict, limit or alter the penalty provisions of this article or of law.
[Amended 12-28-1992 by Ord. No. 28-1992]
[Amended 6-20-1984 by Ord. No. 16-1984; 12-16-1987 by Ord. No. 25-1987; 12-28-1992 by Ord. No. 28-1992]
On transfer of location of licensed businesses within the City of Brigantine or on the sale of an existing business, licenses may be transferred, provided that the annual license fee has been paid, and applicants shall pay a transfer fee as set forth in Article II, Fees Schedule, of this chapter.
[Amended 6-20-1984 by Ord. No. 16-1984; 12-28-1992 by Ord. No. 28-1992]
A duplicate license may be issued by the Mercantile License Officer to replace any license previously issued, which license has been lost, stolen, defaced or destroyed, without any willful conduct on the part of the licensee, upon the filing by the licensee of an affidavit sworn to before a notary public of the State of New Jersey attesting to such fact and the payment to the Mercantile License Officer of a fee as set forth in Article II, Fees Schedule, of this chapter.
No rebate or refund of any license fee or any part thereof shall be made by reason of retirement of the licensee from business or by reason of the nonuse of such license for all or any portion of the licensed year or by reason of a change of location or business or by reason of fire or other accident or other casualty rendering the use of such license ineffective.
Each license issued hereunder shall state upon its face the following:
A. 
The name of the licensee and any other name under which such business is to be conducted.
B. 
The kind and address of each business to be licensed.
C. 
The amount of license fee therefor.
D. 
The dates of issuance and expiration thereof.
E. 
Such other information as the City License Officer shall determine.
[Amended 6-16-1982 by Ord. No. 23-1982]
Each licensee under this article shall:
A. 
Permit all reasonable inspections of his business.
B. 
Permit access to the licensed premises at all reasonable times by the City License Officer.
C. 
Ascertain and at all times comply with all laws and regulations applicable to such licensed business.
D. 
Avoid all forbidden, improper, unlawful or unnecessary practices, businesses or conditions which do or may affect the public health, morals or welfare.
E. 
Refrain from operating the licensed businesses on premises after expiration of his license and during the period when his license is revoked or suspended.
F. 
Post and maintain his license upon the licensed premises in a place where it may be seen at all times. Moreover, in the case of cigarette vending machines, jukeboxes, vending machines and mechanical amusement devices, the license or licenses herein provided for shall be posted permanently and conspicuously at the location of the machine or device in the premises wherein the same is to be operated, or maintained to be operated, and shall have affixed thereto any insignia delivered for use therewith upon the outside of the same so that it may be seen at all times.
G. 
Carry and display, at all times, his license and identification to any person requesting the same, if the licensee is a transient merchant, itinerant vendor, solicitor, canvasser or handbill distributor.
H. 
Not loan, sell, give or assign to any other person, or allow any other person to use and display or to destroy, damage or remove or to have in his possession, except as authorized by the City License Officer or by law, any license or insignia which has been issued to said licensee.
[Amended 5-3-1978 by Ord. No. 7-1978; 6-16-1982 by Ord. No. 23-1982; 6-20-1984 by Ord. No. 16-1984]
A. 
The licensee fees to be paid annually, unless otherwise specified, for conducting the business or businesses herein named at the premises to be designated in the license or licenses issued hereunder shall be as set forth in Article II, Fees Schedule, of this chapter.
[Amended 12-16-1987 by Ord. No. 25-1987; 12-28-1992 by Ord. No. 28-1992; 2-6-2008 by Ord. No. 3-2008]
B. 
In case any person after having been duly licensed to conduct any of the businesses herein required to be licensed desires to add to such licensed business, and conduct therewith any other business not included in any classification for which his existing license was issued, he shall pay an additional fee in the amount prescribed by Article II, Fees Schedule, of this chapter, for the business so added and be entitled to and receive thereupon a new certificate including the new business. No such person shall conduct any such additional business without having first secured such license as herein provided for.
[Amended 6-16-1982 by Ord. No. 23-1982]
It shall be the duty of the Chief of Police, the City License Officer and any police officer of the City of Brigantine to examine all places of business and all persons of the City of Brigantine to determine if this article has been complied with and to enforce the provisions of this article against any person found to be violating the same. Any transient merchant, itinerant vendor, peddler, solicitor, canvasser or handbill distributor shall prominently display on his person a currently valid license and shall promptly produce the same for inspection upon request by any representative of the City of Brigantine or any member of the general public.
No license shall be required of any person for any mere delivery in the City of Brigantine of any property purchased or acquired in good faith from such person at his regular place of business outside of the City where no intent by such person is shown to exist to evade the provisions of this article.
The Board of Commissioners of the City of Brigantine may authorize the issuance of special permits, without the payment of any license fees or other charge therefor, to any public, charitable, educational, literary, fraternal or religious organization having its location in the City of Brigantine, for the conduct or operation of a temporary nonprofit enterprise for a public, charitable, educational, literary, fraternal or religious purpose. The applicant, however, shall submit the usual application form in the manner as hereinbefore required and shall operate, if granted, a permit in accordance with the requirements of this article.
Any permit or license granted or issued pursuant to this article may be revoked by the Board of Commissioners, after notice and hearing, for any of the following causes:
A. 
Any fraud, misrepresentation or false statement contained in the application for license.
B. 
Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise.
C. 
Any violation of this article.
D. 
Any conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
E. 
Any conduct of the business licensed under this article, through applicant himself, or any of his agents, servants or employees, in any unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of hearing for revocation of license, under § 210-27 preceding, shall be given in writing by the City Clerk or the City license inspector, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed, by certified mail, to the licensee at his address indicated on his license application at least five days prior to the date set forth for the hearing.
[Amended 12-28-1992 by Ord. No. 28-1992]
In addition to the provisions for revocation, the City License Officer, the Chief of Police, any police officer of the City of Brigantine or any taxpayer or resident of the City may make complaint in the Municipal Court of the City of Brigantine for any violation of this article, or any section, paragraph or provision thereof. Upon conviction in such case, for each and every violation, the person committing, taking part in or assisting in such violation or violations shall be subject to a fine of not more than $1,000 or be imprisoned in the county jail for a period not exceeding 90 days, or both, at the discretion of the City Judge. Each day that a violation is permitted to exist shall constitute a separate offense.
[Added 6-16-1982 by Ord. No. 23-1982; amended 6-25-2025 by Ord. No. 17-2025]
A. 
No business of peddling shall be conducted within the City of Brigantine except within those zoning districts permitting commercial or business activity pursuant to Chapter 198, Land Use, as amended. Within such areas, no business of peddling shall be conducted except within the public right-of-way, and, within said business or commercial zoning districts, no such business activity shall be conducted within 200 feet of the public beach, any municipal building, church or school. In addition, any peddler lawfully operating within the City of Brigantine shall maintain at all times a distance of 200 feet from any other person engaging in such activity.
B. 
Ice cream truck operations.
(1) 
Notwithstanding any other Code section to the contrary, the operation of ice cream trucks and the sale of ice cream are hereby authorized within the City of Brigantine, subject to the terms and conditions set forth herein. For the purposes of this section, "ice cream" shall include packaged ice cream, water ice, popsicles, fudgesicles, ice cream cones, Dixie cups, ice cream sandwiches, frozen yogurt, water, and similar frozen dessert products.
(2) 
The City of Brigantine shall provide for two mercantile licenses to ice cream trucks to sell ice cream within the City of Brigantine. Any veteran who held a license in the previous year shall have a first right of refusal to a current year license, provided that they submit their application by March 30 of the calendar year. All remaining mercantile licenses shall be offered on a first-come-first-served basis, starting April 1 of the calendar year for the summer season. Only valid mercantile license holders shall be authorized to operate an ice cream truck to sell ice cream within the City of Brigantine.
(3) 
Only United States veterans who have been issued and hold a current and valid certificate pursuant to N.J.S.A. 45:24-9 may apply for a mercantile license to operate an ice cream truck to sell ice cream within the City of Brigantine. The veteran must present the proper state or county vending identification to qualify. The mercantile licensee is the only person authorized to operate an ice cream truck. The mercantile license to operate the ice cream truck and sell ice cream within the City of Brigantine is not assignable or transferrable.
(a) 
In the event that there are an insufficient number of veterans applying for a permit, the City of Brigantine shall have the right to outsource to a vendor.
(4) 
Ice cream trucks are permitted to operate at public beach street ends between 9th Street South and 15th Street North, including areas along the Promenade. In addition, veteran-operated ice cream trucks are authorized to operate at the 14th Street South beach street end. At no time shall music, horns, or any other amplified or loud sounds be broadcast from the vehicles while operating at beach street ends. For the purpose of this chapter, "beach street ends" shall include any public right-of-way or private property within 150 feet of the beach.
(a) 
Operators are permitted to walk onto the approved public beach area up to the dune line nearest to the water. To courteously alert beachgoers of their presence, operators may ring a handheld bell no more than five to six times upon entering the beach. No other forms of noise, including music, horns, or amplified sound, are permitted.
(b) 
The use of handheld bells and all other noise making devices are strictly prohibited at the 14th Street South beach street end.
(5) 
Ice cream trucks are permitted to operate in the following locations, utilizing traditional ice cream truck music, subject to the conditions outlined below:
(a) 
Municipal beach parking lots. Operation is permitted within all municipal beach parking lots; however, operators are strictly prohibited from walking onto or conducting business on the beach itself or beach street ends.
(b) 
Municipal Playgrounds. Operation is permitted at all municipal playgrounds located within the City of Brigantine.
(c) 
Brigantine City Dock. Operation is permitted at the Brigantine City Dock located at 26th Street and Bayshore Avenue.
(d) 
Residential neighborhoods. Operation is permitted in all residential neighborhoods between the hours of 2:00 p.m. and 8:00 p.m.
(6) 
Ice cream truck operation shall only be permitted between the hours of 10:00 a.m. and 5:30 p.m. unless otherwise specified for certain location(s). Sales shall be permitted from one week prior to Memorial Day until one week after Labor Day. Sale(s) are also permitted for a special event outside of that time period if approval is received in advance from the City of Brigantine.
(7) 
Ice cream truck operation shall be subject to the following terms and conditions:
(a) 
Any person operating an ice cream truck shall be at least 18 years of age or older.
(b) 
The decal mercantile license issued by the City of Brigantine must be affixed to the truck and visible at all times while selling ice cream.
(c) 
The applicant shall submit their fingerprints to the City of Brigantine Police Department. The State of New Jersey has contracted with a vendor, Sagem Morpho, Inc., which performs this service. The charge for the same shall be the sole responsibility of the applicant.
(d) 
By submitting said fingerprints, any person authorizes the City of Brigantine and its police department and Sagem Morpho, Inc., to run a criminal background history and otherwise investigate each and every applicant to ensure they have not been convicted of a crime. No individual shall be authorized or permitted to sell ice cream on the beach in the City of Brigantine who has a criminal record.
(8) 
The mercantile licensee shall be in violation of this chapter if any of the following occurs:
(a) 
Any person operating an ice cream truck acts in an unprofessional, discourteous, intimidating, or offensive manner to a member of the general public.
(b) 
Any person operating an ice cream truck pursuant to this chapter disregards or fails to obey any order or direction given to them by a member of the Brigantine Police Department, the Brigantine Beach Patrol, or any person acting on behalf of the City of Brigantine as an employee.
(c) 
Any person operating an ice cream truck pursuant to this chapter commits, conducts, or demonstrates a state of moral turpitude.
(d) 
Any person operating an ice cream truck pursuant to this chapter makes a false or misleading statement or otherwise gives incomplete or incorrect information during the application process.
(e) 
Any person operating an ice cream truck pursuant to this chapter violates any of the conditions or requirements of this chapter.
(f) 
Any person operating an ice cream truck pursuant to this chapter sells any product which is not authorized or sells authorized products.
(g) 
Any person operating an ice cream truck pursuant to this chapter improperly disposes of debris, boxes, or otherwise causes trash or litter to be disbursed or accumulate on the beaches of the City of Brigantine.
(9) 
All individuals operating an ice cream truck within the City of Brigantine are required to appear in a neat and clean manner, must wear a shirt with sleeves and always represent a professional image.
(10) 
All individuals operating an ice cream truck within the City of Brigantine must comply with all federal, state, and local laws, rules, regulations, and ordinances, including any requirements of the Atlantic County Department of Health or other health department with jurisdiction, and are subject, without notice, to inspection of its product and equipment at any time by any state, county, or municipal official.
(11) 
All vehicles used by any individual to sell ice cream within the City of Brigantine shall be maintained in a clean, neat, and sanitary manner. In addition, all such vehicles must comply with all applicable state regulations, including but not limited to being properly registered, insured, and in full compliance with motor vehicle and health and safety laws of the State of New Jersey.
(12) 
Every person operating an ice cream truck within the City of Brigantine pursuant to this subsection must wear the photo identification badge issued by the City of Brigantine. Additionally, there must be a prominent display of a price list setting forth the price of the items being sold on the vehicle.
(13) 
No restocking of ice cream product may occur on the street in the City of Brigantine. To restock any product, the vehicle must leave the street or street end. No restocking may occur which would require a truck or other vehicle to be parked illegally in any street or parking lot located within the City of Brigantine. Any building, freezer, or other structure used to store ice cream products which are to be sold pursuant to this chapter, if located within the boundaries of the City of Brigantine, must be in conformity with the requirements of the Municipal Land Use Ordinance[1] of the City of Brigantine and with all national building codes and subcodes adopted and in use within the City of Brigantine.
[1]
Editor's Note: See Ch. 198, Land Use.
(14) 
All individuals operating an ice cream truck shall sign an Indemnification and hold harmless agreement with the City of Brigantine indemnifying and holding harmless the City of Brigantine and any officials, employees or agents acting on its behalf from and against any and all losses, suits, cost, damages, claims, expenses, actions, liabilities or judgements whatsoever, including damage, personal injury or other damage or loss sustained or alleged to have been sustained in conjunction with the operation of the of ice cream truck within the City of Brigantine, such indemnification and hold harmless agreement shall include, but not be limited to, indemnification for any and all claims by any party for royalties, patent infringements, food poisoning, or any other injury, loss or damage which are in any way related to the sale of ice cream on the beach by the mercantile licensee.
(15) 
Any person violating any provision of this subsection shall, upon conviction of the same, be punished for each offense by a fine not to exceed $1,250, by imprisonment for a term not exceeding 90 days in the County jail or by being ordered to perform community service not in excess of 90 days, or any combination thereof as determined by the Municipal Court Judge. In addition, if any person is convicted of violating this Ordinance, the City of Brigantine reserves the right to terminate the license issued and/or reserves the right to exclude said person from applying in any subsequent year.
C. 
Food truck operations. Food trucks may be permitted for special events upon approval of a special event permit obtained through the Administration Office.
[Added 6-16-1982 by Ord. No. 23-1982]
A. 
No person shall engage in the business of peddling within the City of Brigantine before the hour of 9:00 a.m., nor after dusk in the evening.
B. 
Any person lawfully licensed to conduct the business of peddling pursuant to N.J.S.A. 45:24-9 et seq. may do so within the City of Brigantine as long as such business is conducted from a licensed motor vehicle or a cart, wagon or other wheeled vehicle or device which may be readily moved. Any such motor vehicle shall park only in areas where vehicles are permitted, and any cart, wagon or other wheeled device shall be located only within that portion of the public right-of-way reserved for pedestrian traffic and shall be placed in a manner so as not to impede pedestrian or vehicular traffic. No motor vehicle, cart, wagon or other wheeled device shall be permitted to do business at a fixed location, and every peddler shall be required to move continuously his motor vehicle, wagon, cart or other wheeled device without stopping at a fixed location for more than five minutes unless a sale is actively being conducted at that location.
[Added 6-16-1982 by Ord. No. 23-1982]
Any motor vehicle, wagon, cart or other wheeled device operated by a lawfully licensed peddler shall have prominently located thereon a container for the deposit of trash and other refuse. No peddler shall cause any trash or refuse to be deposited elsewhere, either by himself or his customers.
[Added 6-16-1982 by Ord. No. 23-1982]
No motor vehicle, cart, wagon or other wheeled device operated by a peddler shall be left unattended during business hours, and any such motor vehicle, wagon, cart or other wheeled device left unattended overnight shall be confiscated by the City of Brigantine.
[Added 6-16-1982 by Ord. No. 23-1982]
Prior to conducting the business of peddling within the City of Brigantine, every person shall present to the City Clerk a copy of a currently valid license issued to him by the Atlantic County Clerk pursuant to N.J.S.A. 45:24-9 et seq., as well as a copy of the application to the Atlantic County Clerk on the basis of which such license was issued. In addition, any peddler who proposes to sell food to the public shall also present to the City Clerk proof of a current inspection by the Atlantic County Health Department of all facilities used in the preparation and sale of such food. No peddler shall engage in the sale of any goods, wares, food or merchandise other than those items set forth on a license presented to the City Clerk. Any peddler engaging in the business of selling food to the general public within the City of Brigantine shall provide representatives of the Police Department and the local and County Boards of Health with access to his facilities for the preparation and sale of such food during normal business hours for the purpose of determining compliance with the requirements of N.J.S.A. 24:1-1 et seq. and N.J.A.C. 8:21-1.1.
[Added 9-15-2001 by Ord. No. 18-2001]
A. 
For the purpose of this section, a "contractor" is defined as any person, individual, partnership, limited liability company, corporation or other business entity which engages in the business of constructing, erecting, altering, repairing, remodeling, restoring, re-roofing, residing, moving or demolishing the whole or any part of any building or structure or engages in the construction and installation of swimming pools, or engages in the business of erecting or altering signs, and because of engaging in said business is required to obtain a mercantile license by the City of Brigantine.
B. 
No mercantile license shall be issued to any contractor in the City of Brigantine unless said contractor provides to the Mercantile Officer a valid, in effect, paid insurance policy or certificate evidencing purchase of said policy in the name of the person, individual, partnership, limited liability company, corporation or other business entity which said policy provides general liability insurance in the minimum amount of $1,000,000 and said insurance covers both property damage and personal injury. All such policies of insurance must further clearly show that the City of Brigantine has been named as an additional insured; and, further, must contain language which is clearly visible and readable by the Mercantile Officer that the City of Brigantine must be noticed at least 45 days in advance of any lack of renewal or cancellation of said insurance policy.