A concession contract may be made available for the operation of beach stands for the rental of beach umbrellas, beach chairs, cabanas (approved by the Chief of the North Wildwood Beach Patrol) and floatation devices (approved by the Chief of the North Wildwood Beach Patrol). The areas of the beach, as defined by §
138-1, which may be made available for the operation of beach stands will be those areas of the beach which, pursuant to resolution adopted in accordance with §
138-31, Council designates as being subject to protection by the North Wildwood Beach Patrol.
The beach stand operator may supply and stock
his/her beach stands by using motorized vehicles. The motorized vehicle
shall enter the beach under the control and direction of the Chief
of the North Wildwood Beach Patrol who shall have complete control
over and when and where these vehicles can be operated on the beach.
When conditions permit, motorized vehicles may stop near the beach
stands for the purpose of loading and unloading supplies for the beach
stands only. They may not otherwise park and must leave the beach
when the loading or unloading has been completed. No vending of any
goods or services or of any nature whatsoever shall be conducted from
these vehicles. The speed limit for motorized vehicles on the beach
servicing beach stands shall be 15 miles per hour.
[Added 12-7-2021 by Ord. No. 1857]
A concession contract may be made available for the application and/or sale of sunscreen products. The areas of the beach, as defined by §
138-1, which may be made available for the operation of beach stands will be those areas of the beach which, pursuant to resolution adopted in accordance with §
138-31, Council designates as being subject to protection by the North Wildwood Beach Patrol.
[Added 12-7-2021 by Ord. No. 1857]
A. A concession contract periodically may be let out for public bid
by auction pursuant to N.J.S.A. 40:61-1h. and N.J.S.A. 40-61-36 et
seq., all as amended from time to time. The award of the concession
contract will be made to the highest responsible bidder therefor,
after advertisement of the time and place of such letting, at least
10 days prior to the receipt of bids, in such newspaper as has been
designated as the City's official newspaper, and upon such terms and
conditions as the Mayor and Council may prescribe. Such terms and
conditions may include, but not necessarily be limited to, insurance
and hold harmless requirements.
B. Upon the advertisement as aforesaid, the City Clerk will make available
for inspection by prospective bidders copies of the concession contract
and all related contract documents.
C. No concession contract may be let for a term exceeding five years.
D. Any beach concession contract auction conducted pursuant to this
article shall be conducted between January and June of the year in
which the concession contract is to take effect; however, upon award
of the concession contract, the effective date of that contract will
be deemed to be January 1 of the year in which the contract is awarded.
[Added 12-7-2021 by Ord. No. 1857]
A. Any concession contract awarded pursuant to this article will be
awarded to the responsible bidder bidding the highest amount in excess
of any minimum bid amount that may be established by the Mayor and
Council for the first year of the contract. The contract amount for
each succeeding year of the contract shall be not less than 5% more
than the contract amount of the prior year. The successful bidder
shall pay 20% of the first-year contract amount or $20,000, whichever
is less, at the time of the auction and shall pay the balance of the
first-year contract amount by March 1 in the year of the auction or
upon signing of the contract, whichever is later. Thereafter, during
the term of the concession contract, 10% of the amount due for each
year of the contract shall be paid on or before January 1 of the year
due, and the balance due that year shall be due on or before March
1 of the year due.
B. Failure to make timely payments in accordance with this article may
be grounds for the imposition of such late fees as may be set forth
in the contract documents. If default in the payment of rent occurs
and is not cured within seven calendar days, Council, by resolution,
may declare the contract terminated and the remaining term of the
contract may be rebid. Upon rebid, no bid of the defaulting contractor
will be accepted. Upon rebid, the Mayor and Council may establish
a minimum bid amount. If, upon rebid, the sum of money to be received
by the City is less than the total amount of money that was due for
the entire remaining term of the contract which has been defaulted
upon, the defaulting operator shall pay the difference to the City
together with the expenses of advertising the rebid. The defaulting
operator shall have no claim to any higher sum of money received upon
the rebid. If an action is instituted by the City for the collection
of the amounts due from the defaulting contractor, the City shall
be entitled to collect, in addition to any amount owed under the terms
of the contract, its attorney's fees and costs.
C. In addition to the contract price, the operator of the beach concession also shall be responsible for obtaining a mercantile license and paying the fee therefor, all in accordance with the provisions of §
292-1 et seq. of the Code of the City of North Wildwood, as amended from time to time. The beach concession operator also shall be responsible for the payment of a tourism development fee in accordance with the provisions of §
270-1 et seq., of the Code of the City of North Wildwood, as amended from time to time.
[Added 12-7-2021 by Ord. No. 1857]
A. Beach concession locations may be used for the application of sunscreen
products by spray or by dispensing lotion onto a customer's hand,
and/or the sale of sunscreen sprays and lotions in original and unopened
containers. No physical contact shall occur between the vendor and
the customer.
B. No more than a total of 20 beach concession locations shall be used at one time with no more than one beach concession location being located in any one block at one time. No beach concession location shall be located on private property or within 25 feet of any sand dune. No beach concession location shall be located on a beach which, pursuant to the authority delegated to the Chief of the North Wildwood Beach Patrol under §
138-31, is not being protected by the North Wildwood Beach Patrol, notwithstanding the fact that such area of the beach may have been designated by resolution adopted by Council pursuant to §
138-31 as a beach area subject to being protected by the North Wildwood Beach Patrol. Due to the continually changing size and configuration of the beach, nothing in this article or in any beach concession contract shall be deemed or interpreted as guaranteeing that the successful bidder on a beach concession contract will be able to use any specific number of beach concession locations or any beach concession locations at all. If beach conditions are such that no beach concession locations can be utilized, the contractor shall not be entitled to an abatement of the contract price because, by bidding on the beach concession contract, each bidder will be assumed to fully and completely understand and be aware that beach conditions, sizes, dimensions, locations and configurations continually and constantly change due to the forces of nature and that the City of North Wildwood cannot and does not make any representation as to the amount of beach area that will be available for use from year to year or even on any given day.
C. Beach concession locations shall be canopy- or tent-type shelters
approximately eight feet wide by eight feet long by eight feet in
height. The final type, configuration and location of all beach concession
locations shall be subject to the approval of the Mayor and Council,
which approval shall not be unreasonably withheld.
D. The beach concession operator shall be solely responsible for any
utilities needed at the operator's beach concession locations and
also shall be solely responsible for any and all repairs to the operator's
beach concession locations.
[Added 12-7-2021 by Ord. No. 1857]
The beach concession operator shall be responsible for the policing
(cleaning up) of his, her or its beach concession locations and the
area within 25 feet thereof in all directions on a daily basis. In
addition thereto, the beach concession operator shall remove all beach
concession locations from the beach between October 1 and May 15 of
each year to permit the City to make its annual cleanup of the beaches
prior to the summer season. Failure to keep a beach concession location
clean and failure to remove each stand as required shall be grounds
for revocation and termination of the concession contract without
liability on the part of the City and subsequent concession contracts
for the operation of beach concession locations.
[Added 12-7-2021 by Ord. No. 1857]
In addition to such terms and conditions as the Mayor and Council
may prescribe in the notice to bidders and other bid documents, a
concession for the application and/or sale of sunscreen products upon
the public beaches of the City of North Wildwood only may be awarded
to an individual who shall meet the following minimum requirements:
A. He or she shall have been issued, and shall be the holder of, a valid
license issued by a County Clerk pursuant to the provisions of N.J.S.A.
45:24-9 et seq.
B. He or she shall be the recipient of a Purple Heart Medal and shall
show proof of such medal by providing as evidence a DD-214 or other
official documentation issued by the federal government.