[HISTORY: Adopted by the North Wildwood City
Council 6-4-1954 by Ord. No. 360. Amendments noted where applicable.]
[Amended 5-5-1993 by Ord. No. 1149]
No person, persons, partnership, association
or corporation shall engage in or carry on the selling, consigning
or renting of any goods or service, including the rental of sleeping
accommodations, and the rental of all other real property, in the
City of North Wildwood, County of Cape May, New Jersey, unless a license
as hereinafter provided for shall have been first obtained.
[Amended 5-5-1993 by Ord. No. 1149]
Application for a license to conduct a business
shall be made to the Clerk of the City of North Wildwood, Cape May
County, New Jersey. The application for a mercantile license will
include a consent to the inspection of the property upon which the
licensed activity is to be conducted, said inspection to be for the
limited purpose of ascertaining whether or not the subject property
complies with the applicable provisions of the Code of the City of
North Wildwood relating to physical condition of properties.
[Amended 4-4-2000 by Ord. No. 1349; 3-21-2006 by Ord. No. 1493]
All mercantile licenses under this chapter shall
be due and payable on or before the first day of May of each year,
and the license year shall commence on June 1 of each year and terminate
and become invalid on May 31 of the next succeeding year. If the license
fees are not paid by May 31, a late fee equal to 18% of the fee, but
not less than $25, shall be assessed.
[Amended 4-21-1964 by Ord. No. 455; 2-2-1971 by Ord. No. 558; 5-20-1975 by Ord. No. 647; 4-3-1979 by Ord. No.732; 5-5-1981 by Ord. No. 786; 2-3-1987 by Ord. No. 946; 3-19-1991 by Ord. No. 1084; 5-5-1993 by Ord. No. 1149; 6-5-1997 by Ord. No. 1262; 4-9-1998 by Ord. No. 1287; 5-19-1998 by Ord. No. 1291; 5-7-2002 by Ord. No. 1401; 3-4-2003 by Ord. No.
1432; 11-1-2016 by Ord. No. 1706; 12-19-2017 by Ord. No. 1735; 10-17-2023 by Ord. No. 1917; at time of adoption of Code (see Ch. 1, General Provisions, Art.
I)]
The annual license fees to be paid to the City
of North Wildwood, Cape May County, New Jersey, for conducting the
business of selling goods, services or a combination thereof, shall
read as follows:
Type of Business
|
Fee
|
---|
Amusement arcades (nonredemption) where coin-operated
amusement machines are operated
|
|
|
Up to 25 machines or player capacity
|
$400
|
|
Over 25 machines, per machine
|
$5
|
Amusement ride/kiddie ride machines, coin-operated
|
|
|
Up to 5 machines
|
$75
|
|
Over 5 machines, per machine
|
$5
|
Amusements:
|
|
|
Kiddie rides
|
$175
|
|
All others
|
$400
|
Auction stores and places where goods are regularly
sold at auction
|
$1,500
|
Auctioneers selling real estate (per occasion)
|
$500
|
Automobile sales agency or showroom or place
for sale of new cars and service parts and accessories, including
gasoline and oil, each location
|
$500
|
Automobile service stations
|
$250
|
Barbershop/beauty parlor retail sales
|
$75
|
Bathhouses and/or lockers:
|
$100
|
Beach stand contract for the rental of beach
chairs, umbrellas, flotation devices and cabanas; sunscreen application
and sunscreen products
|
$600
|
Bicycle rental stands, each stand
|
$300
|
Bowling alleys, each alley
|
$30
|
Boxing, wrestling or other commercial sports,
outdoors or indoors, in addition to any other license fees provided
for (where admission is charged)
|
$350
|
Coin-operated amusement, music or photo vending
machines; pool tables
|
$75
|
Coin-operated food/drink or newspaper vending
machines
|
$30
|
Coin-operated vending machines:
|
|
|
Non-electrically coin-operated vending machines
dispensing merchandise
|
|
|
|
Up to 10 machines on a single stand
|
$100
|
|
|
Up to 4 additional machines on a single stand
|
$10
|
Dance halls, in addition to any other license
fees provided for
|
$250
|
Dry cleaners and/or launderers, each location
|
$150
|
Exhibitions, in addition to any other license
fees provided for when admission is charged
|
$500
|
Greenhouses and/or nurseries
|
$275
|
Food stores:
|
|
|
1,000 square feet or less in area
|
$125
|
|
1,001 to 10,000 square feet in area
|
$250
|
|
Over 10,000 square feet in area
|
$1,000
|
Garbage, trash or junk collector, each truck
or motor vehicle
|
$125
|
Horse or pony rides:
|
|
|
Each stand or track, including up to 10 horses
or ponies
|
$150
|
|
Over 10 horses or ponies, each horse or pony
|
$5
|
Laundromats
|
|
|
Up to 25 machines, per machine
|
$4
|
|
Over 25 machines, per machine
|
$8
|
Lumberyard, mill and store
|
$550
|
Marina:
|
|
|
40 slips or under
|
$150
|
|
Over 40slips
|
$300
|
Miniature golf course
|
$150
|
Parking lot:
|
|
|
40 spaces or under
|
$100
|
|
Over 40 spaces
|
$200
|
Peddlers, hawkers and vendors on public beach
|
$575
|
Peddlers of fruit and produce, each vehicle
|
$150
|
Phrenology and horoscopes
|
$350
|
Pool tables, in addition to any other license
fees provided for, each
|
$60
|
Rental of real property
|
$50
|
Restaurants, lunch stands, luncheonettes and
walk-ups (seating capacity):
|
|
0-40
|
$125
|
|
41-100
|
$200
|
|
101-250
|
$275
|
|
251-600
|
$350
|
|
601 and over
|
$700
|
Retail mercantile store, department store or
display room, where merchandise is displayed or sold at retail:
|
|
|
1,000 square feet or less of floor space
|
$200
|
|
Over 1,000 square feet of floor space
|
$300
|
|
For each additional 100 square feet of floor
space or part thereof
|
$16
|
Scissors grinder
|
$25
|
Shoe repair stores
|
$100
|
Shooting gallery, in addition to any other license
fees provided for
|
$150
|
Sleeping rooms (pursuant to Chapter 344 of the City Code)
|
$8
|
Soliciting photographers (prohibited from operating
on Boardwalk, beach, public parks or playgrounds), each camera
|
$300
|
Tailors and/or seamstresses
|
$100
|
Theaters
|
$900
|
Upholsterer
|
$100
|
Water park
|
$400
|
All businesses not classified
|
$200
|
All licenses issued to peddlers and hawkers
are expressly restricted, prohibiting said peddling or hawking to
the streets, avenues and ways of the said City carrying both vehicles
and pedestrian traffic. The holders of said licenses are expressly
forbidden any right to peddle or hawk upon the bathing beach or Boardwalk,
or approaches to said beach or Boardwalk.
[Added 8-20-1968 by Ord. No. 524]
The number of auction galleries or stores conducting
auctions within the City of North Wildwood, pursuant to the provisions
of this chapter shall be limited to one.
[Added 2-2-1971 by Ord. No. 558; amended 7-20-1971 by Ord. No. 571; 5-20-1975 by Ord. No. 647]
A. The number of mercantile licenses to be issued for
bicycle rental businesses shall hereafter be limited to nine.
B. The holder of any license issued hereunder shall have
the right to renew same if application is made on or before June 30
in the year of renewal. In the event that no application for renewal
is made, as aforesaid, there will be no automatic right of renewal
of the license.
[Amended 3-7-1995 by Ord. No. 1199]
Licenses under this chapter shall be posted
at the place of business shown on said license in a conspicuous place.
Said license shall remain posted for the duration of the licensing
year when issued and so long as the licensed business is carried on.
No business shall be permitted on the location
licensed other than that for which the said license is issued.
The issuance of a license under this chapter
is in addition to and not in derogation of any law of the State of
New Jersey or ordinance of the said City of North Wildwood regulating
said business so licensed. Failure to comply with said regulations
set out in said laws or ordinances shall be cause for revocation of
said license by the Mayor and Council of said City by due notice and
hearing.
That the proper enforcement of the provisions
of this chapter and related ordinances dealing with the regulation
of businesses shall be a proper concern of the Police Department of
said City.
As used in this chapter, the following terms
shall have the meanings indicated:
BUSINESS
Includes any activity offering goods, services or combination
thereof for sale, rent or other payment. However, the term "business,"
for the purpose of this chapter only, shall not be construed to include
any business licensed and regulated by the state, such as the businesses
of doctors, lawyers, pharmacists, electricians, plumbers, locksmiths,
alarm businesses and hospitals, to mention a few, except that real
estate auctioneers and real estate brokers auctioning property in
their businesses shall be considered as businesses for the purpose
of this chapter.
[Amended 8-5-1997 by Ord. No. 1266; 2-15-2000 by Ord. No. 1343]
PERSON
Includes any person, persons, firms, associations, copartnerships
and corporations.
[Amended 5-5-1993 by Ord. No. 1149]
The fee set forth above for a license to engage
in a classified business of sleeping rooms or the classified business
of rental of real property shall be inclusive of all fees imposed for the inspection
of said property to determine whether or not said property complies
with the applicable property maintenance codes in the City of North
Wildwood.
[Amended 5-5-1993 by Ord. No. 1149; 12-16-2014 by Ord. No. 1664]
No mercantile license shall be issued to or be renewed for any applicant when the premises upon which the licensed activity is to be conducted does not comply with all applicable codes in force in the City of North Wildwood relating to the physical condition of the premises upon which the licensed activity is to be conducted, except only where the time for abatement of such violations has not elapsed. For the purposes of issuance or renewal of a mercantile license or continuation in force of a mercantile license in existence, a code violation must be abated not later than the latter of one year from the date of service of the notice of violation on the licensee or the 30th day of April following such date of service. With regard to properties subject to Chapter
344, no mercantile license shall be issued until all provisions that are set forth therein have been satisfied in full.
[Amended 5-5-1993 by Ord. No. 1149]
Failure to abate any property maintenance violation
within the allowable time for such abatement shall constitute grounds
for revocation of the mercantile license, subject, however, to proper
notice and hearing. For the purpose of determining whether or not
a mercantile license should be revoked pursuant to the provisions
of this section, a code violation must be abated not later than the
latter of one year from the date of service of the notice of violation
on the licensee or the 30th day of April following such date of service.
[Amended 3-20-1991 by Ord. No. 1054; 5-5-1993 by Ord. No. 1149; 5-21-2002 by Ord. No. 1411; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person or persons that shall violate any
of the provisions of this chapter shall, upon conviction thereof,
be subject to a fine up to $2,000, imprisonment for not more than
90 days, or community service for not more than 90 days, or any combination
thereof. Each day said violation is continued shall constitute a separate
offense.
[Added 6-7-2000 by Ord. No. 1360]
Any North Wildwood resident may hold a yard
sale, garage sale, liquidation sale, tag sale or demolition sale on
his or her property, without the necessity of obtaining a mercantile
license, as long as no more than three such sales are held on any
property in any calendar year. However, said resident must apply to
the City Clerk for a permit not less than 48 hours in advance of the
sale. No such sale shall continue for more than one calendar day,
and the sale shall only be conducted between the hours of 8:00 a.m.
and 4:00 p.m. Such sale shall not be directly or indirectly connected
with the operation of any business, except the business of the agent
conducting the sale if an agent is obtained for said purpose. Sold
items may be removed after the time for the sale has been completed,
including after the time for the sale has expired.