Borough of Bradley Beach, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners (now Mayor and Council) of the Borough of Bradley Beach 11-29-1921 (Sec. 5-1 of the 1974 Code). Amendments noted where applicable.]
Additional assessments on licenses — See Ch. 24, Art. V.
Alcoholic beverages — See Ch. 110.
Licensing of dogs — See Ch. 115.
Food and beverage vending machines — See Ch. 222.
Retail food establishments — See Ch. 226.
Payment of taxes prior to issuance of licenses and permits — See Ch. 277, Art. I.
Outdoor cafes and restaurants — See Ch. 324.
Peddling and soliciting — See Ch. 344.
Rental property — See Ch. 365.
Rolling chairs — See Ch. 369.
Special sales — See Ch. 374.
Zoning — See Ch. 450.
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:
In the Borough of Bradley Beach shall mean:
Selling or renting any goods or services.
Soliciting business or offering any goods or services for sale or for rent.
Using any vehicle or premises within the Borough for the purposes described in Subsection A(1) and (2) of this definition.[1]
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.
Editor's Note: Original Sec. 5-1.2d, regarding taxicabs, which previously followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[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:
Any previous revocation or suspension of any license issued by the Borough and the reasons for such revocation or suspension.
A statement that the applicant's business will not violate the Zoning Ordinance of the Borough.[1]
Editor's Note: See Ch. 450, Zoning.
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.
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.
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.
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:
Any person acting pursuant to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
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]
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.
In the following specific cases, and in the following enumerated businesses, the annual mercantile license fee shall be as follows:
Air-conditioning contractor: $65.
Aluminum siding contractor: $65.
Antiques store: $65.
Automobile or motor repair: $65.
Automotive parts shop: $65.
Bait and tackle shop: $65.
Bakery: $65.
Bowling alley, for each alley: $12.
Butcher shop: $65.
Car wash/wax: $65.
Circus: $65.
Clothing shop: $65.
Consignment shop: $65.
Contractor, general: $65.
Contractor, painting: $65.
Contractor, plumbing: $65.
Contractor, roofing: $65.
Dairy store: $65.
Dental laboratory: $65.
Diner: $65.
Drugstore: $65.
Dry cleaner: $65.
Electronic sales, wholesale: $65.
Fish market: $65.
Fuel oil dealer: $65.
Furniture, new, used: $65.
Grocery store, retail: $65.
Grocery, wholesale: $65.
Handbag luggage repair: $65.
Hardware store: $65.
Heating supplies, wholesale, retail: $65.
Home-based business: $50.
[Added12-13-2005 by Ord. No. 2005-27]
Hotels, boardinghouses, lodging houses, motels, rooming houses and houses used for sleeping purposes or lodging purposes:
Five to 25 rooms: $30.
Twenty-five to 100 rooms: $65.
One hundred rooms or over: $75.
Ice cream store: $65.
Jewelry store: $65.
Laundromat: $65.
Luncheonette: $65.
Machine shop: $65.
Pet shop: $65.
Printers: $65.
Radio-TV sales and service: $65.
Restaurant: $65.
Restaurant equipment: $65.
Service station: $65.
Shoe repair shop: $65.
Sign builder: $65.
Stationery store: $65.
Tailor: $65.[2]
Editor's Note: Original Sec. 5-1.7, Subsections 48, 49A and 49B, regarding taxicab owners and drivers, which previously followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Theater: $125.
Tires: repair/distributor: $65.
Tools: $65.
Truck sales/service: $125.
Upholstery: $65.
Variety store: $65.
Vending machine distributor: $65.
Warehouse: $90.
Editor's Note: For additional assessments, see Ch. 24, Art. V, Tourist Development Commission.
[Amended 3-11-1975]
Auctions are prohibited in the Borough of Bradley Beach.
[Amended 10-13-1981]
Mercantile licenses issued under the provisions of this chapter may be revoked by the Borough Council after notice and hearing before that body for any of the following causes:
Fraud, misrepresentation of material, incorrect statement contained in the application for license.
Fraud, misrepresentation of material, incorrect statement made in the course of carrying on his business as defined in this chapter within the Borough of Bradley Beach.
Conviction of any crime or misdemeanor.
Performance of any act involving moral turpitude.
Conducting the business as defined in this chapter within the Borough of Bradley Beach 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.
Notice of the hearing for revocation of a mercantile license shall be given by the Borough Clerk in writing setting forth specifically the grounds of complaint and the time and place of hearing. The notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for the hearing, or be delivered by a police officer in the same manner as a summons at least three days prior to the date set for hearing.
[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.