Except in those cases where a different license
is required by any provision of this Code or other ordinance of the
Borough of Bradley Beach or law of the State of New Jersey, no person
shall, either directly or indirectly, conduct a business as defined
in this chapter within the Borough of Bradley Beach unless he has
obtained a mercantile license.
As used in this chapter, the following terms
shall have the meanings indicated:
CONDUCTING A BUSINESS
A.
In the Borough of Bradley Beach shall mean:
(1)
Selling or renting any goods or services.
(2)
Soliciting business or offering any goods or
services for sale or for rent.
(3)
Using any vehicle or premises within the Borough
for the purposes described in Subsection A(1) and (2) of this definition.
B.
For the purpose of invoking penalties for a
violation of this chapter, any person who assists in the conducting
of a business as employee, clerk or otherwise shall be considered
as "conducting a business" within the meaning of this chapter.
[Amended 10-11-1988]
Every person required to procure a mercantile
license shall submit an application to the Borough Clerk accompanied
by the fee required by this chapter. The application shall be in a
form which the Borough Council shall, by resolution, prescribe and
shall contain the following information:
A. Any previous revocation or suspension of any license
issued by the Borough and the reasons for such revocation or suspension.
B. A statement that the applicant's business will not
violate the Zoning Ordinance of the Borough.
C. A statement that the applicant is not in default under the provisions of this chapter and that the applicant has complied with the procedures outlined in Chapter
277, Article
I, Payment of Taxes Prior to Issuance of Licenses and Permits, or that the applicant is indebted or obligated in any manner to the Borough of Bradley Beach.
D. Such other facts relevant to the general personal
history of the applicant, or the applicant's members, officers or
managers, if the applicant is not an individual, as will enable the
Borough to make a fair evaluation of the eligibility of the applicant
for a license.
E. The name and address of the person to whom the license
is to be issued and his residence address. If the applicant is not
an individual, then the names, positions and residence addresses of
all members, officers or managers of the applicant.
F. The premises at or vehicle in which the business is
to be carried on and the name and address of the owner thereof.
Upon the submission of the application and the
required fee to the Borough Clerk, the Borough may cause an investigation
to be made and, if a license is not granted, shall state its disapproval
in writing within 10 days after the filing of the application. If
approved, the license shall be issued by the Borough Clerk. If disapproved,
the applicant shall have 10 days from the receipt of the notice of
disapproval to appeal to the Borough Council.
[Amended by Ord. No. 1994-10]
All licenses shall become effective January
1 and shall expire on the 31st of December following their issue.
Licenses may be renewed by the payment of the annual license fee which
shall be due and payable to the Borough Clerk at his office at the
Borough Hall by the 31st of December in each year. There will be a
late fee penalty of $10 for all renewals not received by December
31.
The provisions of this chapter shall not apply
to:
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.
C. Any activity conducted on property leased from the
Borough.
[Amended 3-8-1977; 4-25-1978; 12-31-1984; Ord. No.
1994-11; Ord. No. 2001-11]
A. Any business renting its location from the Borough
shall not be required to pay a mercantile license fee. In all other
cases, except those specified below, the annual fee for a mercantile
license shall be $65.
B. In the following specific cases, and in the following
enumerated businesses, the annual mercantile license fee shall be
as follows:
(1) Air-conditioning contractor: $65.
(2) Aluminum siding contractor: $65.
(4) Automobile or motor repair: $65.
(5) Automotive parts shop: $65.
(6) Bait and tackle shop: $65.
(8) Bowling alley, for each alley: $12.
(14) Contractor, general: $65.
(15) Contractor, painting: $65.
(16) Contractor, plumbing: $65.
(17) Contractor, roofing: $65.
(23) Electronic sales, wholesale: $65.
(26) Furniture, new, used: $65.
(27) Grocery store, retail: $65.
(29) Handbag luggage repair: $65.
(31) Heating supplies, wholesale, retail: $65.
|
(31.1)
|
Home-based business: $50. [Added12-13-2005 by Ord. No. 2005-27]
|
(32) Hotels, boardinghouses, lodging houses, motels, rooming
houses and houses used for sleeping purposes or lodging purposes:
(b)
Twenty-five to 100 rooms: $65.
(c)
One hundred rooms or over: $75.
(40) Radio-TV sales and service: $65.
(42) Restaurant equipment: $65.
(49) Tires: repair/distributor: $65.
(51) Truck sales/service: $125.
(54) Vending machine distributor: $65.
[Amended 3-11-1975]
Auctions are prohibited in the Borough of Bradley
Beach.
[Added 4-9-2019 by Ord. No. 2019-12]
In view of public health concerns associated with the use of kratom, the sale of kratom within the Borough of Bradley Beach is hereby prohibited. Violation of this section shall be subject to penalties set forth in Chapter
1, Article
II.