The Township Clerk is hereby authorized to advertise for the
sale of 25 taxi owner's licenses in accordance with the provisions
of N.J.S.A. 48:16-2.3. Such licenses shall be offered for sale at
public auction, after advertising therefor in the Home News Tribune,
or any other designated official newspaper of the Township of North
Brunswick, as follows:
A.
The minimum bid price shall be $5,000, 10% of which shall be paid
to the Township Clerk at the conclusion of the bidding as a nonrefundable
bid deposit. The balance shall be paid to the Township Clerk within
72 hours of the later of:
B.
The award of licenses shall be conditioned upon the successful bidder
or bidders reimbursing the Township for any and all costs incurred
by the Township for the Township's compliance with the public
notice requirements of N.J.S.A. 48:16-2.1.
C.
The Township reserves the right to reject all bids where the highest
bid is not accepted.
D.
No license may be transferred within two years after issuance unless
such transfer is approved on the basis of death, disability, serious
illness or severe financial hardship as authorized by resolution of
the Township Council after a public hearing.
E.
All bidders must comply with the application process set forth in § 311-9, Application process, herein, in addition to complying with the insurance requirements set forth in § 311-11, Insurance requirements, herein. If such requirements are not met within 15 days of the award of bid, the award shall be deemed null and void.
A.
Upon this chapter taking effect, applications for taxi owner's
licenses must be completed and returned to the Township Clerk's
Office within 10 days of the award of bid for a taxi owner's
license.
B.
Applications shall be available in the Township Clerk's office
and shall be designed to elicit information relevant to the identification
of vehicles to be licensed and the law-abiding habits of the applicant.
C.
Incomplete applications will be returned to the applicant for completion
and will be processed like new applications when they are submitted
complete.
D.
A completed application shall contain all applicable information, and shall be accompanied by three passport-size photographs of the applicant, the required fee in accordance with § 311-10 herein and a parking authorization letter (See § 311-9E(1) below.), and shall be sworn to by oath or affirmation. If information on the vehicle is unknown at the time the taxi owner's license is applied for, it shall be submitted to the Township Clerk's office prior to the issuance of the license.
E.
A completed application shall also include the following:
(1)
If the central place of business is located outside of the Township,
the owner must provide a letter from the owner of the premises to
be used as the central place of business confirming that the licensee
shall be permitted to use the premises as a central place of business
to park licensees' taxis on site for a minimum of 12 months.
(2)
If the central place of business is to be located in the Township of North Brunswick, the owner shall provide a letter from the owner of the premises to be used as the central place of business confirming that, upon approval from the Township Zoning Officer, the parking of taxis in such location shall be in accordance with the provisions of § 311-9E, and the licensee shall be permitted to use the premises as a central place of business to park licensee's taxis on site for a minimum of 12 months.
F.
The applicant shall sign the necessary forms for the Director of
Public Safety to secure a criminal history record from the State Police
and the Federal Bureau of Investigation. If the applicant is a partnership
or corporation, each and every person with any ownership interest
in the company must sign the necessary forms authorizing the Director
of Public Safety to receive a criminal history record. The applicant
shall also submit the additional fee required to cover the cost of
fingerprinting and the SCIC/NCIC check for each person having an ownership
interest. If the applicant has already been fingerprinted as part
of a prior application, an additional fee to update the criminal history
record shall be required every three years.
G.
The Clerk shall forward the application to the Township Zoning Officer
for written certification of the following:
(1)
That the central place of business indicated on the application,
if located in the Township, is not located in a residential zone.
(2)
That the central place of business indicated on the application,
if located in the Township, has adequate off-street parking to accommodate
the number of taxis applied for during all hours of the day or night.
(3)
That the parking area to be used as the central place of business,
if located in the Township, is screened from adjacent residential
uses by means of a solid fence or landscaping which provides a solid
screen and measures a minimum of six feet in height.
H.
Upon receipt of written approval from the Township Zoning Officer,
the Clerk shall forward the application to the Director of Public
Safety.
I.
The Director of Public Safety shall conduct an investigation into
the applicant's background.
J.
The Director of Public Safety shall issue a report to the Township
Council recommending either approval or denial of the application
within 10 days of receipt of the background information requested
from the State Police and/or Federal Bureau of Investigation.
K.
The Township Council shall either approve or deny the application
by resolution.
L.
Upon approval of the Township Council and receipt of required insurance,
power of attorney and all relevant information on the vehicle to be
licensed, the Township Clerk shall issue a taxi owner's license
to the applicant. The Police Department shall inspect each car to
determine if it has a valid New Jersey motor vehicle inspection sticker
prior to award of the license.
A.
Taxi owner's license. Each application for the issuance or renewal
of a taxi owner's license shall be accompanied by an application
fee of $250 for each calendar year or portion of a year for which
the license is issued. Such fee shall not be prorated, nor shall any
portion of said fee be refunded for any reason.
B.
Renewal of taxi owner's license.
(1)
All taxi owner's licenses issued pursuant to the provisions
of this chapter shall expire at 11:59 p.m. on December 31 of the year
in which it was issued, unless said taxi driver's license is
surrendered, suspended or revoked on a sooner date.
(2)
Applications for renewal shall be accepted beginning October 1 of
each year. However, if an application for renewal is not filed by
November 15 at the latest, the license applied for may not be ready
for issuance before the end of the calendar year, resulting in the
applicant not being able to legally operate the taxi until such renewal
license is issued. A renewal application fee of $250 shall accompany
each renewal application.
A.
Insurance required. No license shall be issued by the Township Clerk
until the owner of the taxi owner's license shall have filed
with the Township Clerk a bodily injury and property damage combined
single limit liability insurance policy of a company duly licensed
to transact business under the insurance laws of New Jersey in the
sum of not less than $100,000. Said insurance shall be a blanket insurance
covering all taxis operated by the owner which have been issued a
North Brunswick taxi owner's license and shall provide for the
payment of any final judgment recovered by any person on account of
the ownership, maintenance or use of every taxi owned by the licensee
which is licensed by the Township, or any fault in respect thereto,
and shall be for the benefit of every person suffering loss, damage
or injury as aforesaid.
[Amended 2-4-2019 by Ord.
No. 19-02]
B.
Statement of purpose. The insurance policy shall specifically state
that the owner is insured for doing business in the Township of North
Brunswick.
C.
Power of attorney required. The owner of a taxi owner's license
shall execute and deliver to the Township Clerk concurrently with
the filing of the required insurance policy a power of attorney, wherein
and whereby the owner shall appoint the Township Chief Financial Officer
the owner's true and lawful attorney for the purpose of acknowledging
service of any process out of a court of competent jurisdiction to
be served against the insured by virtue of the indemnity granted under
the insurance policy.
A.
Upon approval of the Township Council and submission to the Township
Clerk's office of the required insurance, power of attorney and
identification information on the vehicle to be licensed, the Township
Clerk shall issue a taxi owner's license for a specific vehicle.
B.
The taxi owner's license shall state the following:
(1)
The taxi owner's name, address and business telephone number.
(2)
The number of the taxi owner's license issued for the vehicle.
(3)
The make, model, year, license plate number and vehicle identification
number of the licensed vehicle.
(4)
The maximum permitted occupancy of the taxi.
(5)
A statement indicating that passengers may call the Township Code
Enforcement Office with complaints.
(6)
The decal or medallion number issued for the taxi owner's license.
C.
A taxi owner's license may be transferred from person to person upon compliance with all procedures and provisions of this chapter. At least 10 days prior to the proposed transfer of the taxi owner's license, the current license holder must provide full disclosure, in writing, to the proposed license holder, of any and all violations of this Chapter 311 by the current license holder during the last three calendar years and provide a copy of the written disclosure statement to the Municipal Clerk's office. Failure to provide such written disclosure may be cause for the denial of the transfer of the taxi owner's license.
[Amended 11-21-2016 by Ord. No. 16-20[1]]
[1]
Editor's Note: This ordinance provided an effective date
of 1-1-2017.
A.
Taxi owner's licenses may be denied if any part of the application
cannot be verified.
B.
Taxi owner's licenses may also be denied if the Director of
Public Safety recommends denial of an application because the applicant
has been convicted of a crime that raises serious questions about
the applicant's moral character.
C.
A transfer of an existing taxi owner's license may be denied if a written disclosure statement detailing violations of this Chapter 311 of the North Brunswick Code has not been provided to the proposed license holder with a copy to the Municipal Clerk's office at least 10 days prior to the transfer of the taxi owner's license.
[Added 11-21-2016 by Ord.
No. 16-20[1]]
[1]
Editor's Note: This ordinance provided an effective date
of 1-1-2017.
D.
All violations of the North Brunswick Code Chapter 311, Taxicabs, shall attach to and follow the taxi owner's license for a period of three calendar years. More than six such violations in that three-year period may be cause for denial of the transfer of the taxi owner's license.
[Added 11-21-2016 by Ord.
No. 16-20[2]]
[2]
Editor's Note: This ordinance provided an effective date
of 1-1-2017.