[HISTORY: Adopted by the City Council of
the City of Somers Point 11-24-1976 by Ord. No. 12-1976 (Ch. 53 of 1967 compilation).
Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 75.
Auctions — See Ch. 81.
Registration of businesses — See Ch. 95.
Licensing of contractors — See Ch. 103.
Entertainment — See Ch. 128.
Peddling and soliciting — See Ch. 202.
Precious metals and secondhand goods — See Ch. 207.
Sunday activities — See Ch. 224.
Taxicabs — See Ch. 231.
Towing — See Ch. 240.
[Amended 6-13-2013 by Ord. No. 12-2013]
Unless otherwise exempt as a result of possessing a valid and current license issued by the State of New Jersey or an agency thereof, or as a result of obtaining a valid and current soliciting or canvassing permit issued by the City of Somers Point in compliance with Chapter 202 of the Municipal Code of the City of Somers Point, no person, partnership, association, firm or corporation shall engage in or carry on any business in Somers Point, nor aid or assist as employees, clerks or otherwise in carrying on such business or in using any wagon, vehicle, stand, store or other place or thing, nor sell or offer for sale any goods or things for which a license is required by the terms of this chapter unless a license as herein provided for shall have been first obtained therefor.
Application for a license shall be made to the
City Clerk of the City of Somers Point, New Jersey, and no license
shall be granted until the payment for the same has been made. Every
license shall specify by name the person to whom it shall be issued,
the business for which it is granted and the location at which such
business is to be carried on.
A.
The following shall be the mercantile license fee
schedule for the City of Somers Point:
[Amended 5-12-1977 by Ord. No. 6-1977; 10-14-1982 by Ord. No.
14-1982; 10-13-1983 by Ord. No. 18-1983; 12-13-1990 by Ord. No.
21-1990; 9-14-2000 by Ord. No. 11-2000; 6-13-2013 by Ord. No.
12-2013[1]; 1-8-2021 by Ord. No.
3-2021; 3-9-2023 by Ord. No. 8-2023]
Type of License
|
Fee
| |
---|---|---|
Advertising agency
|
$50.00
| |
Alteration and sewing shop
|
$50.00
| |
Antique and used wares shop
|
$50.00
| |
Appliance store, sales and service
|
$50.00
| |
Appliance store, repairs only
|
$35.00
| |
Arcade, per machine
|
Not exceeding $500.00
| |
Art, needlework and yarn shop
|
$50.00
| |
Auction, 1-day
|
$100.00
| |
Auction store
|
$750.00
| |
Auctioneer in auction store
|
$400.00
| |
Automatic slot machine (video games, pool table,
music, etc.)
|
$50.00
| |
Automatic slot machine (pinball only)
|
$15.00
| |
Automatic vending machine (soda, candy, etc.)
|
$15.00
| |
Automobile agency or showroom or place for sale
of used cars or new cars
|
$100.00
| |
Bakery or pastry shop
|
$50.00
| |
Barbershop/beauty parlor
|
$25.00
| |
Bicycle shop (sales, repairs, hire)
|
$50.00
| |
Bookstore and lending library
|
$25.00
| |
Bowling alley, per alley
|
$10.00
| |
Bridal salon/alterations
|
$50.00
| |
Building supplies
|
$50.00
| |
Car wash
|
$50.00
| |
Carpet-cleaning service
|
$50.00
| |
Carpet or rug shop (sale of)
|
$50.00
| |
Catalogue sales
|
$50.00
| |
Catering service in a permanent structure in
the City (not carts, stands or vehicles)
|
$50.00
| |
Cigar and tobacco, retail
|
$50.00
| |
Circus or carnival, with Council and police
approval
|
$500.00
| |
Clothing store
|
$50.00
| |
Commercial sign maker
|
$50.00
| |
Computer, sales and service
|
$50.00
| |
Convenience store
|
$50.00
| |
Craft store
|
$50.00
| |
Dance studio
|
$25.00
| |
Delicatessen and groceries, without luncheonette
|
$50.00
| |
Delicatessen and groceries, with luncheonette
|
$75.00
| |
Delivery or collecting vehicles not connected
with otherwise licensed business
|
$40.00
| |
Department store
|
$250.00
| |
Discount variety store
|
$50.00
| |
Distributor
|
$50.00
| |
Dry cleaning in a permanent structure in the
City (not carts, stands or vehicles)
|
$50.00
| |
Electrical goods, general merchandizing of,
including sale of television sets, radios, etc., other than just electrical
supplies here and otherwise provided for
|
$50.00
| |
Electrical supplies
|
$50.00
| |
Electrical transmission of music by telephone
or wire from central office to a point or points in City without use
of coin slots or payment by patrons at such point or point
| ||
For outlets up to 20
|
$150.00
| |
For each outlet in excess of 20
|
$5.00
| |
Farm or garden market in a fixed permanent structure
(not from carts, stands or vehicles)
|
$100.00
| |
Five-and-ten-cent-type stores
|
$200.00
| |
Florist
|
$50.00
| |
Flower and plant stores
|
$50.00
| |
Frankfurter and hamburger stands in a fixed
permanent structure (not carts, stands or vehicles)
|
$50.00
| |
Fuel oil sales and deliveries
|
$50.00
| |
Furniture store
|
$100.00
| |
Furs and fur storage
|
$50.00
| |
Garages and parking lots where fees are charged
| ||
Vehicle garage, closed
|
$50.00
| |
Vehicle garage, open air, up to 15-car capacity
|
$50.00
| |
Vehicle garage, open air, over 15-car capacity
|
$100.00
| |
Gas pumps not connected with garages or service
stations, each pump
|
$10.00
| |
Gift shops, cards
|
$50.00
| |
Golf course
|
$200.00
| |
Golf course, miniature
|
$50.00
| |
Groceries, meats and poultry (retail) in a fixed
permanent structure (not from carts, stands or vehicles)
|
$80.00
| |
Groceries, meats and poultry (wholesale) in
a fixed permanent structure (not from carts, stands or vehicles)
|
$125.00
| |
Grooming salon
|
$40.00
| |
Gym and fitness center
|
$50.00
| |
Handball, paddleball, squash court, tennis court,
each
|
$25.00
| |
Hardware, general merchandizing of
|
$100.00
| |
Health spa
|
$50.00
| |
Health, turkish or therapeutic baths, saunas,
steam or swimming pools, in addition to any other license fee for
establishment, each
|
$40.00
| |
Ice business
|
$100.00
| |
Ice machine (additional to primary license),
each
|
$25.00
| |
Ice cream parlor in a fixed permanent structure
(not from carts, stands or vehicles)
|
$50.00
| |
Ice cream, wholesale or manufacturing
|
$125.00
| |
Income tax preparation
|
$50.00
| |
Jewelry and jewelry novelties
|
$50.00
| |
Kennels (boarding and grooming)
|
$35.00
| |
Landscaping
|
$50.00
| |
Laundromat, coin-operated
| ||
Per machine
|
$10.00
| |
Maximum
|
$150.00
| |
Laundromat with dry cleaning, additional per-machine
cost listed above
|
$50.00
| |
Laundry, collection and distributing agency
|
$50.00
| |
Liquor store
|
$50.00
| |
Locksmith
|
$50.00
| |
Lumberyard and mill
|
$50.00
| |
Mail-order business in a fixed permanent structure
(not from carts, stands or vehicles)
|
$50.00
| |
Manufacturing
|
$100.00
| |
Marina
| ||
1 to 75 boat slips
|
$200.00
| |
76 or more boat slips
|
$300.00
| |
Marine sales and service
|
$50.00
| |
Marine/boat supplies
|
$50.00
| |
Meats, retail
|
$50.00
| |
Milk distributor, wholesale
|
$50.00
| |
Millinery
|
$50.00
| |
Motel/hotel/boardinghouse
| ||
Up to 15 rooms
|
$50.00
| |
16 to 50 rooms
|
$100.00
| |
51 to 100 rooms
|
$150.00
| |
101 or more rooms
|
$250.00
| |
Motor vehicle repairs
|
$50.00
| |
Motor vehicle repairs and accessories (body
shop)
|
$100.00
| |
Motor vehicle sales
|
$100.00
| |
Movie theater, per projector
|
$75.00
| |
Musical instructions
|
$25.00
| |
Musical instruments and music store
|
$50.00
| |
Oils, gasoline, petroleum, etc., storage supply
or service plant, except garage or service stations
|
$100.00
| |
Optical goods
|
$50.00
| |
Oyster/clam bar in fixed permanent structure
(not from carts, stands or vehicles)
See "restaurant"
| ||
Paints and painter's supplies
|
$50.00
| |
Pet shops and supplies
|
$50.00
| |
Pharmacy
|
$50.00
| |
Photographic establishment
|
$50.00
| |
Photographic processing and developing concession
|
$25.00
| |
Phrenologist
|
$50.00
| |
Pizza and sub shop
|
$50.00
| |
Plumbing, steam-fitting and gas-fitting supplies
|
$50.00
| |
Print shop
|
$50.00
| |
Produce store, retail and wholesale
|
$50.00
| |
Radio, record, television, stereo or high fidelity
equipment store
|
$50.00
| |
Real estate and/or insurance
|
$50.00
| |
Restaurants and diners with seating capacity
(chairs, benches or seats)
| ||
Up to 30 seats
|
$50.00
| |
31 to 100 seats
|
$100.00
| |
101 to 250 seats
|
$200.00
| |
251 or more seats
|
$250.00
| |
Sailboat rentals
|
$50.00
| |
Seafood store
|
$50.00
| |
Service station
|
$50.00
| |
Service station with repairs
|
$100.00
| |
Sewing machine store
|
$50.00
| |
Shoe repair
|
$50.00
| |
Shoe store
|
$50.00
| |
Short-term rental (residential rentals for less than 175 days)
|
$150.00
| |
Shows and amusements, open-air (on property
of owner at single location)
|
$75.00
| |
Sporting goods
|
$50.00
| |
Stockbrokers or dealers in stocks and bonds,
offices of
|
$50.00
| |
Stores not classified
|
$50.00
| |
Supermarket-type stores
|
$250.00
| |
Tailors
|
$50.00
| |
Taxicabs
| ||
Annual taxi owner's license
|
$250.00
| |
Administrative fee for transfer of taxi owner's
license
|
$100.00
| |
Administrative fee for replacement of taxi owner's
license
|
$50.00
| |
Annual taxi driver's license
|
$50.00
| |
Television rental service or repairs
|
$50.00
| |
Theater/playhouse
|
$50.00
| |
Tourist or trailer camp or park
| ||
Each cabin or trailer of 1 room
|
$3.00
| |
Each cabin or trailer of more than 1 room
|
$5.00
| |
Tow operator's license
|
$100.00
| |
Undertaker's establishment
|
$50.00
| |
Upholstery
|
$50.00
| |
Warehouse
|
$100.00
| |
Any business not classified or designated in this chapter nor covered by special ordinance or Chapter 202
|
$50.00
|
[1]
Editor's Note: This ordinance also provided that: "For any classification of mercantile license which is modified or eliminated as a result of this ordinance for which a license has been issued prior to the effective date, the license shall remain in effect through December 31, 2013, without necessity of obtaining a soliciting or canvassing permit; provided, however, that such mercantile licensees which are engaged in soliciting or canvassing shall be obligated to comply with Article VI of Chapter 202, the "Do Not Solicit" list."
B.
Additionally, further fees as follows shall be charged
for establishments in which a cabaret, musical performance or other
entertainment is furnished and in which food, beverages or other refreshments
are served to the patrons:
[Amended 12-13-1990 by Ord. No. 21-1990]
(1)
For one musical instrument of any kind or character,
mechanically or electrically operated, and including an organ or piano
or any other instrument electrically or mechanically operated, except
musical slot machines: $50.
(2)
For two or three instruments of any kind or character,
mechanically or electrically operated, and including an organ or piano
or any other instrument electrically or mechanically operated, except
musical slot machines: $75.
(3)
For more than three musical instruments of any kind
or character, mechanically or electrically operated, and including
an organ or piano or any other instrument electrically or mechanically
operated, except musical slot machines: $100.
C.
Due date. All license fees shall be due and payable
to the City Clerk on the first day of January of each year, the term
thereof commencing on January 1 and expiring on December 31 thereafter.
D.
Purpose. The fees herein imposed for such licenses
are imposed for revenue.
A.
It shall be a condition of the issuance of any and
all licenses under this chapter that said business shall be used and
operated only for lawful purposes and not in violation of any ordinances,
including zoning ordinances, of the City of Somers Point.
B.
No license certificate shall be issued to any person
who has not complied with the laws of the State of New Jersey or the
ordinances of the Council of the City of Somers Point providing regulations
respecting the safety of persons who may have occasion to use the
premises, place or things licensed; and in case any person licensed
fails to comply with such laws or ordinances after due notice of 10
days and an opportunity to be heard within 10 days thereafter, the
Council of the City of Somers Point and/or the City Clerk acting as
mercantile tax collector may revoke said license.
C.
No license shall be granted for any theater, scenic
theater, moving-picture show, dance hall or in any public place in
which more than 50 people shall be present at any one time until the
Electrical Inspector, Building Inspector, Plumbing Inspector, Board
of Health, City Fire Chief and Fire Department all certify, in writing,
to the mercantile tax collector that the applicant has complied with
all the ordinances and regulations respecting protection of life and
property relating to such places. The certificate of license shall
be conspicuously displayed on the premises where the business is conducted.
[Amended 9-22-2022 by Ord. No. 21-2022]
All new businesses must have certification from
the Board of Health, Police Department, Building Inspector, Fire Inspector,
Electrical Inspector and Plumbing Inspector that said business is
not in violation of any ordinance of the City of Somers Point. No
license will be issued or reissued to any business declared to be
a nuisance or a possible nuisance.
No license provided for by this chapter shall
be transferred from one person to another person, and no license shall
cover any other place of business other than that for which it was
issued.
Every person conducting a business required
to be licensed hereby shall permit the department heads or their accredited
agents or assistants to have access to any building or premises for
the purpose of ascertaining whether there has been compliance with
the provisions of this chapter and other ordinances and to determine
the fees to be paid, and any refusal thereof shall be deemed a violation
of this chapter and be subject to the penalties.
[Amended 3-14-1991 by Ord. No. 6-1991]
Any proper officer be and is hereby authorized
and directed to use such of the police force in the City as is necessary
to execute and enforce all necessary and lawful police regulations
that may best protect and facilitate the carrying on of the businesses,
trades and occupations licensed by this chapter.
[Amended 3-14-1991 by Ord. No. 6-1991]
Any person violating any of the provisions of
this chapter shall, upon conviction in the Municipal Court of the
City of Somers Point, be punished for each offense by a fine not to
exceed $1,000 or imprisonment for a term not exceeding 90 days in
the county jail or any place provided by the municipality for the
detention of prisoners or community service for a period not to exceed
90 days, or any combination of the foregoing. The Municipal Judge
before whom any person is convicted of violating this chapter shall
have the power to impose any fine or term of imprisonment not exceeding
the maximum fixed in this chapter. Each day after the initial violation
shall be considered a new and individual violation.
[Added 12-9-2010 by Ord. No. 24-2010]
Notwithstanding any other provisions of this Code, every business
located in the City of Somers Point must have on file with the Police
Chief an updated emergency information card that contains at least
two names and phone numbers of those people to be contacted after
business hours in reference to building security, damage or any occurrence
that requires that access be gained to the facility in question. This
requirement is mandatory whether or not the business is alarmed. This
information should be updated annually, and changes should be reported
immediately after they occur.
[Added 6-26-2013 by Ord. No. 14-2013[1]]
A.
Purpose; intent; limited use.
(1)
Except as provided in Subsection A(2) and (3), the use and operation of low-speed vehicles is prohibited under Chapter 250, Article VII, § 250-63. Except as provided in this section, the use and rental of low-speed vehicles, including electric personal assistive mobility devices, is not permitted within the City of Somers Point.
(2)
Rental of electric personal assistive mobility devices shall be permitted
but shall be limited and controlled as provided in this section to
protect the safety, health and well-being of all persons using such
devices.
(3)
No person, other than someone with a mobility-related disability,
shall operate an electric personal assistive mobility device within
the City of Somers Point, except such devices as have been rented
for the limited use provided for within this section and subject to
the terms and conditions imposed herein.
(4)
This section is intended to create a pilot program for a term not
to exceed two years, unless otherwise extended or renewed by subsequent
ordinance.
B.
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE
LOW-SPEED VEHICLE
RENTAL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A self-balancing, nontandem, two-wheeled device, designed
to transport one person, which uses an electric propulsion system
with average power of 750 watts (one horsepower), the maximum speed
of which, on a paved level surface, when powered solely by such a
propulsion system, while operated by a person weighing 170 pounds,
is less than 20 miles per hour. The device shall not be considered
a motorized wheelchair, motorized bicycle, motorcycle, motorized scooter,
motorized skateboard, vehicle or motor vehicle.
Those vehicles defined in § 250-62 of the Somers Point Municipal Code and in N.J.S.A. 39:1-1 et seq.
Includes leasing, hiring out or otherwise providing in exchange
for payment without the transfer of ownership.
C.
License required; fee.
(1)
No person shall engage in the business of renting electric personal
assistive mobility devices within the City of Somers Point without
obtaining a mercantile license in accordance with this section. The
person to whom such a mercantile license may be issued for the purpose
of leasing an electric personal assistive mobility device shall satisfy
the following conditions:
(a)
Unless operated by a person with a physician certified mobility-related
disability, no electric personal assistive mobility device is permitted
on any public road, highway, sidewalk or bike path under the jurisdiction
of the City of Somers Point except as part of a guided tour group
as provided in Section 174-12.3.g.vi) 1., and using only the route
approved by the Somers Point Police Department which shall not include
operation along or in any street, road or highway having a posted
speed in excess of 25 miles per hour (except for crossing such street,
road or highway at signal controlled intersections);
(b)
Any person operating the device must be either: 18 years of
age or older; or under 18, but 16 years of age or older, and accompanied
by a parent or legal guardian aged 21 or older and who shall be a
participant in the group tour; and the device shall not be operated
by anyone other than the person who signs the rental agreement or,
in the case of a person under the age of 18 but over the age of 16,
by that person if the device has been rented by the parent or guardian
accompanying the minor on the tour.
(c)
An operator of an electric personal assistive mobility device
shall wear a helmet while operating that device.
(e)
Any person renting an electric personal assistive mobility device
must sign a document acknowledging that he or she has received training
from the rental company on the safety features of the electric personal
assistive mobility device and the limitations placed upon operation
of the device under the terms of this section and New Jersey law.
The document shall be maintained on file by the renter for a period
of three years from the date of rental and shall be made available
for inspection to any representative of the City of Somers Point upon
demand.
(f)
Every electric personal assistive mobility device available
for rental must meet all federal and New Jersey requirements and must
be clearly marked as being a rental device owned by the company to
which the mercantile license was issued.
(g)
The person or entity to which the mercantile license is issued
must, at the time of application:
[1]
Present proof of general liability insurance, contractual liability
insurance, automobile liability insurance and required workers' compensation
insurance issued by an insurance carrier licensed to do business in
the State of New Jersey. The policies of general liability, contractual
liability and automobile liability insurance shall be properly endorsed
to include the City of Somers Point, its elected and appointed officials,
officers, agents, servants and employees and volunteers. The insurance
policy limits shall be not less than $1,000,000 per incident and in
the aggregate for the general liability, contractual liability and
automobile liability policies and the statutory limits for workers'
compensation.
[2]
A certificate of insurance with the proper endorsements shall
be provided which shall be kept current during the term of the mercantile
license and which shall provide for not less than 30 days' notice
to the City of Somers Point in the event of termination or cancellation
of the policy(ies) of insurance.
[3]
The mercantile license holder shall execute and deliver to the
City an indemnification and hold-harmless agreement in a form approved
by the City Solicitor and the City's Joint Insurance Fund Risk Manager.
[4]
If the rental operation is not to be carried on within a fixed
structure within the City of Somers Point but is to be operated from
a movable facility, the written consent of the property owner shall
be filed with the license application, setting forth any conditions
imposed by the property owner. No consent obtained from any property
owner shall be valid if the use is determined at any time to be in
violation of the Development Regulations of the City of Somers Point.[2]
[5]
Pay a license fee in the amount of $250 for up to seven electric
personal assistive mobility devices and $25 for each additional electric
personal assistive mobility device.
[6]
Submit to the Somers Point Chief of Police for prior review:
[a]
The tour route(s), which shall allow for street
crossings only at signalized intersections and which shall be limited
in order to access the Route 52 bridge crossing to and from Ocean
City, New Jersey;
[b]
The number of electric personal assistive mobility
devices per tour guide (which shall be not more than six, plus a guide);
[c]
The maximum number of tours per day;
[d]
The days of operation;
[e]
The hours of operation;
[f]
The months of operation;
[g]
Approvals obtained from any state or county agency
or authority, or a certification that no such approvals or consents
are required;
[h]
Emergency plans in the event of accident or incident;
[i]
Agreement to comply with all emergency management
orders and temporary orders issued by the Somers Point Police Department
or other state or county body having jurisdiction over the roadways
to be traveled; and
[j]
Such other information as the Police Department
may request.
[7]
The applicant/license holder shall agree to comply with all
terms, conditions and restrictions which may be imposed upon the license
holder, and which shall be reduced to writing.
[8]
Review by the Somers Point Police Department shall not relieve
the license holder or any device rental from any liability or responsibility;
and the Police Department may supplement and amend the terms, conditions
and restrictions at any time during the license term.
[9]
A signed certification that the license holder shall at all
times during the term of the license comply with the requirements
of the Somers Point Municipal Code, including the Development Regulations.
(2)
The term of the license shall be for one year, commencing on January
1 and ending on December 31. The fee shall not be prorated for portions
of any year.
(3)
In the event the owner or operator of the electric personal assistive
mobility devices offers for sale any other goods, materials, or services
of any nature permitted by the Somers Point Municipal Code, separate
mercantile or vendor licenses must be obtained as required by other
provisions of the Code.
(4)
In no event shall the owner or operation of the rental facility offer
electric personal assistive mobility devices for sale, nor shall the
owner or operator be permitted to operate a repair shop for electric
personal assistive mobility devices.
D.
Penalties for violation of regulations on electric personal assistive
mobility device rental, use and operation.
(1)
The mercantile license holder shall be fined $25 for the first violation of this section by an operator of an electric personal assistive mobility device rented to the operator by the license holder or its agents or employees. This shall be in addition to the fine imposed upon the operator under Subsection D(3) of this section.
(2)
For a second violation of this section, the license holder shall
be fined $50 and the device which was being operated shall be impounded
for a period of 15 calendar days. The violation need not be by the
same operator of the electric personal assistive mobility device.
(3)
An operator of an electric personal assistive mobility device who
violates any requirement of this section shall be fined $10 for each
such violation and $25 for each repeat violation. This shall be in
addition to the fine imposed upon the renter of the device.
(4)
A license holder who either: fails to comply with the requirements
governing warning notices required to be given to renter/operators;
violates any restriction imposed by the Somers Point Police Department;
has had a third or more violation of this section as a result of the
operation of a rented electric personal assistive mobility device;
or violates any of the terms of this section shall be fined not less
than $100 nor more than $500 for each violation, at the discretion
of the Municipal Court Judge of the City of Somers Point. The violation
of any subsection of this section by an employee of an owner/applicant
shall subject the employee and the owner/applicant to separate citations
for violation of said section.
(5)
Repeat violations may result in the revocation of the mercantile
license.
[1]
Editor's Note: This ordinance also provided that: "Unless
otherwise modified by ordinance, the limited waiver for the rental,
use and operation of personal assistive mobility devices allowed by
this section shall expire two years following its final approval and
adoption, and such rental, use and operation shall thereafter be prohibited
unless the authority to continue operation of such devices shall be
approved or amended by subsequent ordinance."