[HISTORY: Adopted by the Borough Council of the Borough of Bay Head
8-6-1996 as Ord. No. 1996-4. Amendments noted where applicable.]
GENERAL REFERENCES
Land use — See Ch. 147.
A business registration certificate is required for any person conducting,
operating or engaging in any business located in the municipality.
The following words and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Any person offering and/or engaged in buying, selling, storing and/or
transferring merchandise, goods, real property, personal property, moneys,
services and/or other items who do so for a fee, price, retainer, commission,
percentage and/or other means of compensation for the purpose, stated or otherwise,
of realizing a profit or other gain.
The business registration form to be filed with the Municipal Clerk.
The business registration certificate.
The Borough of Bay Head.
Any individual, partnership, limited partnership, association, firm,
limited liability company, corporation or similar entity. Whenever used in
any clause prescribing or imposing a penalty, the term "person," as applied
to associations, shall mean the partners or members thereof and, as applied
to limited liability companies or corporations, the officers thereof.
A.
Any person conducting, operating or engaging in any business
within the municipality shall file a completed business registration form
with the Municipal Clerk and shall pay the required fee.
B.
The business registration form shall contain the following
information for each person applying for a certificate:
(1)
The name of the registrant.
(2)
The nature of the principal activity of the business.
(3)
The business address of the registrant.
(4)
The home address of the registrant or the designated
contact person for the registrant.
(5)
The business telephone number of the registrant.
(6)
The home telephone number of the registrant or the designated
contact person for the registrant.
(7)
The anticipated hours and days of the business operation.
(8)
The trade name or other business identification titles
used by the registrant.
(9)
A floor plan diagram.
(a)
The registrant shall attach a diagram depicting a floor
plan of any business location within the municipality. The plan shall identify
the area of the building area accessible to the general public, the area of
the building limited to access by employees only and areas of the building
to be utilized only for storage or related purposes. The plan shall also identify
the location of doors or similar devices which provide means of ingress/egress
to the facility. In the case of a business involved in food sales or service,
the plan shall identify the maximum number of tables and seats to be utilized
to service the general public.
(b)
Each floor plan shall be scaled or contain sufficient
information to properly identify the dimensions of the areas or rooms depicted
on the diagram.
C.
The fee for obtaining a business registration certificate
is fifteen dollars ($15.). No fee shall be imposed for business activities
conducted by nonprofit organizations or associations organized for religious,
charitable, political or educational purposes.
D.
The Municipal Clerk shall issue a business registration
certificate to any person who files a completed business registration form
and pays the required fee.
E.
A copy of the completed registration form shall be returned
to the registrant with an acknowledgment by the Municipal Clerk that it has
been properly filed.
F.
Existing businesses in the municipality are required
to comply with the terms of this chapter not later than September 15, 1996.
A.
In the event that two (2) or more businesses occupy the
same location, the person conducting, operating or engaging in each business
shall be required to complete a separate business registration form and obtain
a separate certificate.
B.
In the event that the same person conducts businesses
at two (2) or more locations, a separate business registration form and certificate
shall be required for each location.
Every person having a certificate for a business which ceases to operate,
changes the principal activity in which it is engaged, changes its location
and/or locations in the municipality, moves out of the municipality or changes
owners and/or managers must submit written notice to the Municipal Clerk within
thirty (30) days of such change. In the event of cessation of business or
moving out of the municipality, the person having a certificate for a business
must provide the name, address and home telephone number of the person or
principal officer of the business to the Municipal Clerk within thirty (30)
days of such event.
The certificate shall be effective until December 31 of the year it
is issued. Thereafter, a new certificate will be required annually for each
calendar year. All certificates shall be renewed no later than January 31
of each year. It shall be the responsibility of any person conducting, operating
or engaging in any business to apply for a certificate at the Office of the
Municipal Clerk.
The following persons shall be exempt from the provisions of this chapter:
A.
Persons employed for a wage or salary, provided that
their principals have obtained a certificate; agencies of the government of
the United States or of the State of New Jersey; and children under eighteen
(18) years who reside with their parents within the municipality, doing part-time
business, are exempt from the provisions of this chapter.
B.
Persons rendering services to a household and persons engaged in a home occupation as defined in Chapter 147 (Land Use Ordinance) or operating from a professional office in a residential zone.
C.
Persons conducting or participating in activities such
as art shows, rummage sales or similar events for which other municipal permits
have been issued.
D.
Persons rendering delivery services to residential or
business properties, if such person does not maintain a business physically
located within the municipality.
E.
Utility companies whose activities or rates are regulated
by the State of New Jersey.
Issuance of a business registration certificate by the municipality
does not evidence compliance with other applicable rules, regulations, ordinances
and statutes of the municipality, county and State of New Jersey, or other
regulatory agencies having jurisdiction over the activities of the certificate
holder.
Any person, firm or corporation that shall be convicted of a violation
of a provision of this chapter shall, upon conviction thereof by any court
authorized by law to hear and determine the matter, be subject to a fine not
exceeding one thousand dollars ($1,000.) or imprisonment for a term not exceeding
ninety (90) days, or both, as such court in its discretion may impose. Each
day that such violation exists shall constitute a separate offense.
