[Adopted 3-9-1992 by Ord. No. 92-6]
[Amended 6-28-1993 by Ord. No. 93-19]
The Borough of Beach Haven is a seashore resort
and its population increases dramatically during the summer season.
This temporary population explosion, particularly in light of the
fact that the business district of the Borough is situated in a small
downtown area, creates substantial additional expenses for the Borough.
It necessitates the hiring of special summer police officers but also
generally and substantially increases policing, regulating and administering
the numerous businesses in the Borough, both year-round and seasonal,
and further creates additional safety concerns related to storms,
traffic and the like. The fees herein imposed for the licenses required
are, to a small extent, revenue-producing in nature but are primarily
imposed to address the costs noted above including, without limitation,
a stable source of funding for additional police officers, and to
protect the residents, citizens and tourists in the Borough against
the possibility of misrepresentation and fraud which may result from
totally uncontrolled mercantile operations. It is declared to be in
the best interest of public health, safety and welfare of the Borough
of Beach Haven to ensure that all businesses of whatsoever kind and
whatsoever nature be inspected and licensed to the fullest extent
available for these purposes and to generate funds to further those
ends.
No person(s), partnership, association or corporation
shall engage in, or carry on, any business in the Borough of Beach
Haven, nor aid or assist as an employee, clerk or otherwise, in the
carrying on and conducting of such business, or in using any vehicles,
stand, store or other place or thing, nor sell or offer for sale any
goods or materials, or furnish services for which a license is required
by the terms of this article, unless a license, as herein provided
for, shall have been first obtained.
A.
Nothing in this article shall require the payment
of the license fee by any charitable or religious society, or incorporated
benevolent association not for pecuniary profit. Notwithstanding the
exemption from the fee, a license shall be required by these organizations.
B.
This article shall not apply to any person, partnership,
association or corporation already holding a valid license issued
by the State of New Jersey and exempt from municipal licensing, and
this article shall not apply to construction-related industry tradesmen
providing services only.
[Added 6-28-1993 by Ord. No. 93-19]
[Amended 6-28-1993 by Ord. No. 93-19]
A.
Any license applicant shall, in addition to any other
requirement set forth herein, provide such information and complete
such forms as are reasonably required by the Zoning Officer which
may include, without limitation, specific identities and contacts
available in the event of problems, requisite insurances, details
as to the history and nature of the subject business and any and all
other information reasonably calculated to assist the purposes of
this article.
B.
In the event that the Zoning Department denies a license
to an applicant, the applicant aggrieved thereby may appeal to the
Land Use Board of the Borough of Beach Haven by written notice filed
with the Borough Clerk within five days of the date of the denial.
The Land Use Board shall thereupon schedule a hearing within 45 days
of the date of the filing of the appeal. The Land Use Board will review
the application documents, hear testimony from the applicant, the
Zoning Department and other witnesses as it deems fit and thereupon
affirm, deny or modify the action taken by the Zoning Department.
[Amended 8-9-2004 by Ord. No. 2004-16]
C.
No applicant shall conduct a business without a license
or while a denied license is under appeal as aforesaid.
A.
A license may be issued at the discretion of the Zoning
Department if the applicant, and the premises to which the license
will apply, is in full compliance with all local land use and other
ordinances and all other applicable laws; and has no history of violations,
complaints or the like and no prior license suspensions or revocations,
unless the Zoning Department determines that same will not continue
to occur.
B.
It shall be a condition for the issuance of any license
or renewal thereof that the applicant, if the owner thereof, pay any
delinquent property taxes or assessments on the property wherein the
business or activity for which the license or permit is sought or
wherein the business or activity is conducted. Any such license may
be revoked or suspended when a licensee who is an owner of the property
upon which the licensed business or activity is conducted has failed
to pay the taxes due on the property for at least three consecutive
quarters. Upon payment of such delinquent taxes or assessments, the
license or permit shall be restored.
[Amended 9-14-2015 by Ord. No. 2015-22C]
All mercantile licenses under this article shall
be due and payable on the 15th of May each year, and shall terminate
and become invalid on May 14 of the next succeeding year.
[Amended 6-28-1993 by Ord. No. 93-19]
A.
Any licensee found to be in violation of any federal,
state, county or local law shall be subject to penalties, suspension
or revocation of its license. Without limitation, it shall be a violation
subjecting the licensee to sanction the operation of the business
or activity subject of the license in such a manner as to create,
attract, engage in or otherwise contribute substantially to activity
and conduct on the part of its employees or patrons which constitute
a nuisance, disorderly conduct or other unsafe or dangerous condition
detrimental to the health safety and welfare of the Borough and its
inhabitants.
B.
Any applicant charged with a violation shall be notified
in writing of the charges contemplated and the potential sanctions
that may be imposed and given a date for a hearing thereon at which
the applicant shall be given a reasonable opportunity to respond to
and defend against the charges.
C.
In the event that the licensee is found guilty of
a charge or charges, the governing body may, in its discretion, impose
a monetary penalty, a suspension of the license or a revocation thereof
and may modify any terms and conditions on the subject license.
D.
Any sanctions imposed as a result of such hearing
shall be in addition to and not as a replacement for any other remedies
that may be available at law.
Licenses issued under this article 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 in operation.
No person shall be allowed to transact any business
other than that for which a license was issued.
Licenses issued to peddle goods, wares, merchandise
or any article or services shall not authorize or permit such peddling
on the beach, the approaches thereto or upon any public platform,
park or playground and all peddling upon the same is hereby expressly
prohibited.
[Amended 9-13-2010 by Ord. No. 2010-20]
The issuance of a license under this article
is in addition to and not in derogation of any law of the State of
New Jersey, or any ordinance in the Borough of Beach Haven regulating
the conduct and operation of the business so licensed. Failure to
comply with said regulations set up on said laws or ordinances shall
be cause for revocation of said license by the Council of the Borough
after due notice, hearing and judgment.
A.
If, within 10 business days after being notified in
writing by the Borough of Beach Haven that a license is required,
the business so notified does not obtain a license, or if the license
is revoked as provided for above and the business continues to operate,
summons is to be issued for each day the business is in operation,
beginning from the date of notice.
B.
Upon being found guilty of a violation of the Borough
of Beach Haven ordinance, the fine to be imposed will be not more
than $500 per offense, with each separate day being a separate offense.
Any license fee already paid under any Borough
of Beach Haven ordinance, for the calendar year 1992, shall be applied
to the cost of the license which will be in effect for the period
July 1, 1992, to June 30, 1993, shall be deducted from the fee due
on July 1, 1992, requiring the remainder of any overage due and payable
as of July 1, 1992.
Except as otherwise provided by this article,
any person, partnership, association or corporation required to be
licensed by this article shall pay an annual mercantile license fee
as set forth below. Should any such business enterprise, operation
or activity entail more than one activity set forth below, a license
must be obtained for each such activity.
A.
General retail and commercial establishments must
obtain an annual mercantile license in proportion to the square footage
of the retail/commercial space in accordance with the following schedule:
|
Square Footage
|
Fee
| |
|---|---|---|
|
Under 1,000
|
$75
| |
|
1,001 to 2,500
|
$125
| |
|
2,501 to 5,000
|
$175
| |
|
Over 5,000
|
$225
|
B.
A failure to pay the aforementioned fee within 30
days of the due date, which due date is May 15 of each calendar year,
shall result in a late fee of $25. The late fee shall continue at
$25 per month in the event that the mercantile license fee remains
delinquent for additional thirty-day periods. The governing body may,
by resolution, extend the due date during any emergency declared by
the President of the United States, Governor of the State of New Jersey
or Borough Emergency Management Coordinator.
[Amended 5-11-2020 by Ord. No. 2020-08C]
C.
A failure
to pay the aforementioned fee by September 15, 2013, for the 2013
mercantile license only will result in a late fee of $25. The late
fee shall continue at the rate of $25 per month in the event that
the mercantile license fee remains delinquent for any additional thirty-day
period. No renewal license fee shall be issued if any delinquency
remains on the existing license fee.
[Added 7-8-2013 by Ord.
No. 2013-8C]
[1]
Editor's Note: This ordinance also stated:
"As part of any mercantile license fee paid to the Borough by bed-and-breakfast
establishments, the Borough, through the auspices of the Long Beach
Island Health Department, will conduct inspections of the kitchens
of those facilities operating as a bed-and-breakfast business in the
Borough. The inspection will be conducted on an annual basis."
