A.
Purpose. This article is enacted pursuant to Title 40, Chapters 48 and 52, and Title 45, Chapters 17 and 24, of the New Jersey Statutes. The purpose of this article is to license and regulate certain business activities to ensure the protection of the public health, safety, morals and welfare, and to ensure compliance with applicable state and local laws. The primary purpose of the licensing fees is to derive revenue to defray the municipal expenses incurred in connection with the regulation of those businesses.
B.
Scope. The provisions of this article shall apply
to all business licenses of the City, except where a section of the
Municipal Code concerning a particular business contains a specific
provision to the contrary, in which case the specific provision shall
apply.
C.
Cigarette vending machines. The annual fee established
for cigarette vending machines is for the primary purpose of defraying
municipal expenses incurred in identifying, monitoring and inspecting
these machines on a regular basis within the City to ensure that cigarettes
are not being sold to minors in violation of state and local law.
D.
Property taxes and assessments. No license shall be
issued to the owner of any land or building seeking to operate any
business or commercial activity which requires the issuance of a license
unless the applicant-owner has paid all delinquent property taxes
and assessments on the property where the business or activity is
to be conducted. Furthermore, the City Clerk may revoke or suspend
any license when the licensee, who is the owner of the property upon
which the licensed business or commercial activity is conducted, has
failed to pay the property taxes and assessments due on the property
for at least three consecutive quarters. Upon payment of the delinquent
taxes and assessments, the license shall be restored. This section
shall not apply to any alcoholic beverage license issued pursuant
to the Alcoholic Beverage Control Act.[1]
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
[Amended 3-5-2002 by Ord. No. 7-2002]
As used in this article, the following terms
shall have the following meanings unless the context clearly indicates
that a different meaning is intended.
A commercial enterprise involving the sale of goods or services
carried on for profit.
An exchange of goods and services on a scale involving transportation
between cities, states and nations.
Tangible and movable personal property other than money such
as articles of trade.
Trade and other business activities conducted between those
located in different states.
Goods or commercial wares that are bought and sold in business.
A person whose business is buying and selling goods or wares
for a profit.
A natural person, association, corporation, LLC, partnership,
trust or other legal entity.
Transportable stands or vehicles used by a person engaged
in a temporary business.
Stands used to sell fruits, vegetables and farm products.
The sale of goods or services at a specific location within
the City for no longer than 10 days at one time. Said business may
be conducted on private property or public property with the written
consent of the property owner. Examples of this type of business include
portable food or novelty concession stands or portable flower stands.
A person who is engaged in a merchandising business with
the intent to close out or discontinue the business within one year
from the date of commencement, including those who hire, lease or
occupy any building, structure or railroad car for the exhibition
and sale of goods and wares. An example of this type of business includes
a person leasing a store for three months during the Christmas season
to sell children's toys.
A seller of goods and wares.
[Amended 3-5-2002 by Ord. No. 7-2002]
It shall be unlawful for any person to engage
in any business or commercial activity covered by this article without
obtaining a license from the city. The businesses and commercial activities
covered by this article are as follows and include the following licenses:
business license, amusement game license, display license, garage
sale license, street vendor license, taxicab license, temporary business
license, and transient merchant license.
A.
Amusements:
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Amusement parks and amusement parlors
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Arcades and video games
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Automatic amusement and music devices
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Billiard and pool halls or tables
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Bowling alleys
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Canvas structures used for performance
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Carnivals
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Circuses
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Exhibitions
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Entertainment halls and centers
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Golf driving ranges
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Miniature golf
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Motion-picture theaters
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Outdoor theaters and open-air concerts
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Professional athletic events
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Rental cart tracks
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Riding stables
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Skating rinks
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Shooting galleries
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B.
Food and beverage vendors:
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Roadside produce stands
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Street vendors
| |
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Temporary business
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C.
Merchants:
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Auctions and auctioneers
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Cigarette vending machines
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Dealers in secondhand jewelry
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Flea markets
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Garage sales
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Going out of business sales
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Gold buyers and coin dealers
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Junkyards
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Street vendors
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Temporary businesses
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Transient merchants
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D.
Other businesses:
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Adult bookstores
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Burglar alarms
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Cesspool cleaners
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Dating service
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Escort service
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Flyer distribution service
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Handbill distributors
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Massage business
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Scavengers
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Street stands and newsracks
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Taxicabs
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Trailer court and mobile home park
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Trash haulers
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Tree trimmers and sprayers
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A.
Applications for all licenses required by this article
shall be made in writing to the City Clerk. No license shall be issued
until all appropriate fees have been paid, all information required
in the application has been supplied, the written consent of the property
owner for the location requested has been furnished, all required
investigations and inspections have been made, and it does not appear
that any applicable state law or City ordinance will be violated by
the operation of the business at the location requested. The City
Clerk is authorized to issue the license upon compliance with this
article and applicable law.
B.
Each application shall state the name and address
of the applicant, the license desired, the location of the business,
the time covered, the fee to be paid, and such additional information
as may be required for the proper guidance of the City Clerk in the
issuance of the license. The written consent of the property owner
where the business is to be located must be presented if the location
is not owned by the applicant. Forms for all licenses and the application
therefor shall be prepared and kept on file in the office of the City
Clerk. Each license issued shall bear the signature of the City Clerk.
C.
Upon the receipt of an application for a license which
necessitates an inspection or investigation before the issuance of
the license, the City Clerk shall refer such application to the proper
City officials for making the investigations within 48 hours of the
date when the application was filed. The municipal officials charged
with the duty of making an investigation or inspection shall make
a written report, either favorable or otherwise within 10 days after
receiving a copy of the application. Examples of the types of referrals
include the following:
(1)
Issues involving the background or character of the
applicant, including criminal record, shall be referred to the Chief
of Police.
(2)
Issues involving traffic safety shall be referred
to that section of the Millville Police Department.
(3)
Issues involving the location of the business and
zoning shall be referred to the Zoning Officer.
D.
A nonrefundable processing fee in the amount of $10
covering the cost of processing the application shall be paid by the
applicant at the time the application is filed.
E.
Approval standards. The City Clerk shall approve all
applicants for a license who have paid all required fees, complied
with these regulations, and complied with the following standards
which are applicable to the location and type of license required.
(1)
The applicant for a license shall have a background check performed
by an authorized agency and shall provide the results of said background
check to the City Clerk at the time of submission of the application.
Exemptions to background checks and fingerprinting include the following:
flower stands, produce stands, auctions, flea markets, yard sales,
display licenses and temporary businesses.
[Amended 5-1-2018 by Ord.
No. 23-2018; 11-7-2018 by Ord. No. 57-2018]
(3)
Land Use and Development Regulations (Chapter 30). The Zoning Officer shall make an inspection of the business premises to ensure compliance with the Development Regulations and file a report with the City Clerk.
(4)
State Uniform Construction Code. The Construction
Official and Subcode Officials shall make all appropriate inspections
of the business premises to ensure compliance with the code and file
a report with the City Clerk.
(5)
State Uniform Fire Code. The Fire Subcode Official
and/or Fire Inspector shall make all appropriate inspections of the
business premises to ensure compliance with the code or the retrofit
regulations and file a report with the City Clerk.
A.
License fees shall be as follows:
(1)
Amplifiers, loud speakers or other noise-making devices
advertising a business, or the sale of a product or service: $25 per
day.
(2)
Auctions and auctioneers: $100 per day.
(3)
Billiard tables and pool tables located in public
places: $50 per year for each table.
(4)
Carnivals and circuses: $300 per day.
(5)
Coin-operated amusement devices and music machines
located in public places: $50 per year for each machine.
(6)
Display license for sponsoring organization of exhibition
or convention: $300 per day.
(7)
Distributor of commercial circulars advertising a
business or the sale of a product or service: $25 per day per person.
(8)
Professional athletic events for which a single admission
is charged: $300 per event.
(9)
Roadside produce stands: $100 for each thirty-day
period or portion thereof.
[Amended 3-5-2002 by Ord. No. 7-2002]
(10)
Street vendor license: $25 per day per person or $400
per year.
[Amended 3-5-2002 by Ord. No. 7-2002]
(11)
Temporary business license: $25 per day for each location.
[Amended 3-5-2002 by Ord. No. 7-2002]
(12)
Transient merchant license: $1,000 for 180 consecutive
days pursuant to N.J.S.A. 45:24-3.
[Amended 3-5-2002 by Ord. No. 7-2002]
(13)
Theaters or halls used for commercial entertainment
including, for example, movie theaters, concert halls, and convention
centers: $400 per year.
(14)
Vending machines used for cigarettes located in public
places: $50 per year for each machine.
A.
A license for a roadside produce stand shall be issued
for the time period requested by the applicant, provided that the
license shall be issued for consecutive days only and shall begin
on the date when the license is issued. The license shall not extend
in time beyond the written consent of the property owner where the
stand is to be located.
[Amended 3-5-2002 by Ord. No. 7-2002]
B.
A license for a street vendor, including canvasser,
solicitor, hawker, huckster, or peddler, may be issued for a certain
number of days or for one year at the discretion of the applicant.
[Amended 3-5-2002 by Ord. No. 7-2002]
C.
A license for a temporary business shall not be issued
for longer than 10 days at one time, and shall not extend beyond the
written consent of the property owner where the business is to be
located.
D.
A license for a transient merchant shall be issued
for 180 consecutive days commencing with the date when the license
is issued.
[Amended 3-5-2002 by Ord. No. 7-2002]
E.
Annual licenses shall run from January 1 to December
31 of each year. All annual license fees shall be due and payable
to the City Clerk on or before January 10 of each year. Any annual
license issued after July 1 of any year shall be assessed at 1/2 of
the annual license fee.
A.
Public events sponsored solely by the City of Millville
held for the benefit of the Millville residents at large are exempt
from the payment of the license fees contained in this article.
[Amended 2-20-2001 by Ord. No. 5-2001]
B.
Public events sponsored by a local nonprofit organization
held for the benefit of the Millville residents at large located on
private property are exempt from the payment of the license fees contained
in this article if approved by resolution of the governing body. Any
permits that may be required from the Construction Official or other
public officials for the erection of temporary structures and amusement
rides are not waived.
[Amended 2-20-2001 by Ord. No. 5-2001]
C.
Bazaars and fairs sponsored by and for the benefit
of a local nonprofit organization held on private property owned by
the nonprofit organization which land qualifies as exempt from local
property tax are exempt from the payment of the license fees contained
in this article if approved by resolution of the governing body. Any
permits that may be required from the Construction Official or other
public officials for the erection of temporary structures and amusement
rides are not waived.
[Amended 2-20-2001 by Ord. No. 5-2001]
D.
Roadside produce stands used to sell fruits, vegetables
and farm products located on the property where at least 50% of the
produce and products offered for sale were grown or raised are exempt
from the payment of the license fees contained in this article.[1]
[1]
Editor's Note: Former Subsection E, regarding
veterans and other persons named in N.J.S.A. 45:24-9, Subsection F,
Display license in lieu of individual temporary business licenses,
Subsection G, Interstate commerce, and Subsection H, State licensing,
which immediately followed this subsection, were repealed 3-5-2002
by Ord. No. 7-2002.
[Amended 3-5-2002 by Ord. No. 7-2002]
A.
Display of license. All licensees shall prominently
display their license or produce the license upon the request of a
City official.
B.
Inspection of licensed premises. No person shall refuse
entry to any City official attempting to enter the licensed premises
for the purpose of an inspection, if such entry is attempted during
regular business hours or during other reasonable hours when there
are employees on the premises. Entry shall be permitted to the areas
open to the public and to other areas utilized in connection with
the business.
C.
Licenses not transferable. No licensee shall transfer
his or her license to another person or allow another person to operate
under the license, except an employee of the licensee.
D.
Obscene material. It shall be unlawful for any person
engaged in retail business to display or permit the display of any
obscene material at their place of business at a height less than
five feet or without a blinder or other covering on the front of the
material displayed. Any public display of the obscene material shall
be presumptive evidence that the retailer knowingly made or permitted
the display. Obscene materials shall be defined as set forth in N.J.S.A.
2C:34-3.
E.
Tobacco. It shall be unlawful for any person to sell
tobacco to another person under the age of 18 years. Proof of age
shall be required at the time of sale. Cigarette vending machines
shall be located inside a building in an area which can be observed
at all times by the business owner or employees working on the premises
to insure that tobacco is not sold to minors. Furthermore, the cigarette
vending machine shall have a sign posted on it which clearly indicates
that the sale of tobacco products to persons under the age of 18 years
is prohibited by law.
[Amended 3-5-2002 by Ord. No. 7-2002]
A.
Any applicant for a license may be denied a license
by the City Clerk, or any license issued may be suspended or revoked
by the Mayor for any of the following causes:
(1)
The applicant or licensee has filed an application
containing false information.
(2)
The applicant or licensee has failed to comply with
these regulations.
(3)
The applicant or licensee has been convicted of an
offense under these regulations.
(4)
The applicant or licensee has violated the Consumer
Fraud Act, N.J.S.A. 56:8-1 et seq.
(5)
The applicant or licensee has been convicted of a
criminal offense involving moral turpitude in the State of New Jersey
or any other state.
B.
The applicant or licensee may appeal the decision
of any City official by filing a written request for a hearing before
the Board of Commissioners with the City Clerk within 10 days of receiving
the notice of denial, suspension or revocation of the license. The
hearing shall be held within 20 days after the request is filed with
the City Clerk.
[Amended 3-5-2002 by Ord. No. 7-2002]
[Amended 3-5-2002 by Ord. No. 7-2002]
No person who holds a valid state license shall
be required to obtain a municipal license for the same commercial
activity where the applicable state licensing law has preempted the
exercise of municipal police power. However, the state licensee shall
be required to register with the City Clerk and provide a copy of
the state license. Furthermore, the state licensee shall comply with
all municipal regulations applicable to the commercial activity which
have not been preempted by state law.
[Amended 3-5-2002 by Ord. No. 7-2002]
A.
The governing body of the City finds and declares
that the proliferation of signs throughout the community undermines
the aesthetic beauty and environmental quality of the City. The governing
body further finds and declares that the proliferation of signs can
adversely affect property values and traffic safety. It is the purpose
and intent of this section to regulate the manner and to provide reasonable
standards for the placement of signs to protect the public health,
safety and general welfare of the community.
B.
No commercial sign shall be placed at a location, in a manner, and for a time which violates the regulations and standards set forth in Chapter 30 of the Municipal Code titled "Land Use and Development Regulations." An application for a permit must be filed with the Zoning Officer in accordance with those regulations.
C.
No commercial sign shall be placed on a residential property within a residential zone unless the sign is related to a use permitted within the residential zone pursuant to Chapter 30 of the Municipal Code titled "Land Use and Development Regulations." Examples of commercial signs permitted in a residential zone include real estate "For Sale" signs, and casual sale signs like "Garage Sale."
D.
No commercial sign or noncommercial sign shall be
placed on benches, bridges, culverts, curbs, fences, hydrants, lamps,
rocks, sidewalks, street signs, stumps, trees or utility poles. However,
this subsection shall not be interpreted to prevent the City from
erecting banners on the metal light standards located within the central
business district, provided the City secures written permission from
the owner.
[Amended 11-3-2003 by Ord. No. 33-2003]
E.
No commercial sign or noncommercial sign shall be
placed on public property within the City, including property owned
or leased by the City of Millville, County of Cumberland, State of
New Jersey, or Millville Board of Education, unless specifically authorized
by the governmental entity and the primary purpose of the sign is
to further a legitimate governmental interest and public interest.
Examples of permitted signs on public property include highway directional
signs providing motorists with information concerning the location
of gasoline, food and lodging. This section shall not apply to athletic
fields where commercial signs are used to provide funding for nonprofit
organizations.
F.
Signs which are placed in violation of these regulations
shall be presumed to have been placed there by the person who can
be identified by the content of the sign, or when the sign is located
on private property, by the resident owner or the resident tenant
of the property. All persons shall be jointly and severally responsible.
[Amended 3-5-2002 by Ord. No. 7-2002]
A.
A temporary business license shall not be issued for
more than 10 days at one time, but the days need not be consecutive
days. The license fee for a temporary business license is $25 per
day for each location.
B.
The portable stand or vehicle utilized in the operation
of the temporary business must be removed when the business is not
in operation.
C.
The hours for operation of a temporary business must
be designated in the license and they shall not begin before 8:00
a.m. or continue after 10:00 p.m.
D.
The location selected for the operation of the temporary
business must be approved by the Zoning Officer and the type of business
must be a permitted use within the zoning district where the business
is to be located.
E.
Display license in lieu of temporary business licenses.
The sponsoring organization of any group meeting, convention, display
or exhibition using publicly owned lands or buildings which invites
persons to display goods or services for advertising, display or public
exhibition may purchase a display license, which license shall entitle
those persons who would otherwise be temporary merchants and who operate
as an adjunct and concurrent with the aforesaid sponsoring organization
to engage in temporary business, provided that the following requirements
are met:
F.
The applicant for a temporary business license shall provide liability
insurance in the amount of $1,000,000 which covers for the license
term of the temporary business and the sale of goods and services.
The City of Millville shall be named as an additional insured under
the policy of insurance. Proof of said insurance shall be filed with
the City Clerk before licenses are issued.
[Added 6-19-2018 by Ord.
No. 38-2018]
[Amended 3-5-2002 by Ord. No. 7-2002]
A.
A transient merchant license shall be issued for 180
consecutive days beginning with the date of issuance. The license
fee for a transient merchant license is $1,000 which must be paid
to the City Clerk at the time that the application is flied.
B.
This license is issued pursuant to state law, specifically
N.J.S.A. 45:24-1 through 45:24-8. The applicant for the license must
comply with all of the provisions contained in the state statute.
C.
The hours for operation of this type of business must
be designated in the license and it shall not begin before 8:00 a.m.
or continue after 10:00 p.m.
D.
The location selected by the transient merchant for
operation must be approved by the Zoning Officer and the type of merchandising
business must be a permitted use within the zoning district where
the merchandising business is to be located.
