The number of limousine services licenses to be issued within the Town of Boonton shall be limited to 16 and shall be issued on a first-come, first-purchased basis; provided, however, that each current holder of a limousine service license shall have the opportunity to renew the same on an annual basis as provided in § 265-6. In the event a current holder of a limousine service license fails to renew said license by updating all application data, fails to qualify for a renewal license due to changed circumstances, or loses its license privileges during the term of its license, said license shall become available for issuance to a new licensee. The limousine service license shall only be issued upon satisfaction that all required documentation, including motor vehicles and drivers, is submitted to the Clerk at the time of application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Each applicant for a limousine service license shall pay an annual fee pursuant to Chapter 130, Fees, Article III, Fee Schedule, for each limousine which is covered under the required insurance policy.
B. 
Verification and administrative fee. The applicant shall annually pay to the Town of Boonton a nonrefundable, nontransferable fee for verification of the accuracy of its license application information as follows:
(1) 
Whenever the applicant represents that its principal place of business is located within the Town of Boonton, the Town shall conduct its own investigation to confirm whether such a principal place of business exists within the Town of Boonton. The verification fee for this investigation shall be as provided in Chapter 130, Fees, Article III, Fee Schedule, for each such business address each license year.
Licenses shall be valid only for the year in which they are issued, expiring on the last day of June of the following year; provided that each current holder of a limousine service license shall have the opportunity to renew the license on an annual basis by updating all information required by this chapter for review, paying the annual fee, and submitting the renewal application to the Mayor and Board of Aldermen for approval on or before July 1 of the current license year.
A. 
Business information required:
(1) 
Business name;
(2) 
A copy of the New Jersey State business registration certificate for the limousine service, or if a partnership or sole proprietor, a copy of the business registration with the Morris County Clerk;
(3) 
Physical address and mailing address (if different) of the principal place of business;
(4) 
Telephone and fax numbers of the limousine service;
(5) 
A copy of the business' corpcode issued by the New Jersey Motor Vehicle Commission ("NJMVC") to evidence corporate vehicle registration privileges; and
(6) 
Any other information required to be submitted on a NJMVC Corpcode Request Form.
B. 
A list of all offices, dispatching facilities and locations where vehicles are kept, whether in or outside of the Town of Boonton.
C. 
For each location outside the Town of Boonton where a vehicle is kept, proof that such storage location is a valid/approved location for the storage of a limousine under the zoning or other applicable local law or ordinance of the jurisdiction where the vehicle is stored.
D. 
The identity of each limousine driver who will operate a vehicle covered in the insurance policy on file with the Town of Boonton, including:
(1) 
First and last name;
(2) 
Residence address;
(3) 
Home and mobile telephone numbers;
(4) 
The individual's New Jersey commercial driver's license ("CDL") with passenger endorsement in the event such person may operate a vehicle requiring same under law and/or a certificate from NJMVC evidencing the individual's qualification as a limousine driver under N.J.S.A. 48:16-22.3a.
E. 
All applicants and drivers must complete and sign a limousine permit application and sign Form SBI-212B. The fully executed form and the applicant's check or money order must be submitted along with the application for a limousine license.
[Amended 5-4-2020 by Ord. No. 05-2020[
F. 
All applicants must submit a letter of clearance issued by the MVC or other applicable authority as proof of having satisfactorily complied with the fingerprint requirement as established by N.J.S.A. 48:16-22.3a before a license will be issued.
G. 
All drives must be "limousine qualified" ("LQ") by the State of New Jersey, as indicated on their driver abstracts.
[Added 5-4-2020 by Ord. No. 05-2020[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsections G through L as Subsections H through M, respectively.
H. 
Where a limousine license has previously been issued, the approval of the Mayor and Board of Aldermen shall not be required as a condition for issuance of additional vehicle licenses.
I. 
An identification of each vehicle to be operated as a limousine and covered under the mandated insurance policy, including the make, model, year, color, vehicle identification number, number of doors, passenger capacity (including the driver) and proof of registration as a limousine.
J. 
The limousine must be registered with the municipality, so as to be registered with the New Jersey Motor Vehicle Commission. No limousine shall be operated in the municipality without both registrations.
[Amended 5-4-2020 by Ord. No. 05-2020]
K. 
Proof that each and every vehicle proposed to be utilized in a limousine operation has been inspected when due by a state-authorized inspection facility and that each and every vehicle has passed all required inspections.
L. 
Equipment; condition.
(1) 
A certification that each limousine identified in the application is equipped, in accordance with minimum standards established by NJMVC and as set forth in N.J.S.A. 48:16-22.1, with:
(a) 
A two-way communications system, which, at a minimum, shall provide for communication to a person outside the vehicle for a distance of not less than 100 miles and which requirement may be satisfied by a mobile telephone;
(b) 
A removable first-aid kit and an operable fire extinguisher, which shall be placed in an accessible place within the vehicle; and
(c) 
Sideboards attached to the permanent body construction of the vehicle if the height of the vehicle floor is 10 inches or more above ground level.
(2) 
Every vehicle operating under this section shall be kept in a clean and sanitary condition in accordance with the rules and regulations promulgated by the state and the Town of Boonton.
M. 
Changes in application or submission information shall be provided to the Town Clerk within 72 hours of said change.
[Amended 5-4-2020 by Ord. No. 05-2020]
After the application identified in § 265-7 is properly filled out and signed by the applicant, the original and duplicate thereof shall be filed with the Town Clerk. The investigation shall include a criminal history name search identification check pursuant to N.J.S.A. 53:1-20.5 et seq. The criminal history check results shall be kept confidential. For the purposes of this check, the Boonton Police Department is hereby authorized to have access to the criminal history record information file through the State Bureau of Investigation.
A. 
As a result of such investigation, the Chief of Police shall note on the application his/her recommendation and his/her reasons therefor and return the application to the Town Clerk. Such recommendation shall be returned to the Town Clerk within 20 days of the Police Department's receipt of the duplicate application.
(1) 
Any recommendation by the Chief of Police that a license should not be issued to the applicant shall be based on the driver abstract.
A. 
No limousine operation shall be conducted on any street in the Town of Boonton unless such limousine operation is being undertaken in compliance with the insurance provisions of N.J.S.A. 48:16-14.
B. 
The owner of the limousine operation shall file with the Town Clerk an insurance policy which shall be issued by an admitted insurance company duly licensed to transact business under the insurance law of this state or a company registered to do business in this state, the policy providing for not less than $1,500,000 of motor vehicle liability insurance coverage to satisfy all claims for damages by reason of bodily injury to, or the death of, any person or persons resulting from, or on account of any accident by reason of the ownership, operation, maintenance, or use of such limousine upon any public street.
C. 
The statutory insurance policy issued for the term of the license shall be delivered to the Town Clerk with every application for or renewal of a limousine license. The Town of Boonton shall be named as additional insured on the insurance policy and the policy shall contain an endorsement requiring the insurance carrier to provide written notice to the Town of any changes made to the policy at any time and with 30 days advance notice of any proposed cancellation/termination of the policy.
D. 
No ACCORD certificates will be accepted. The full policy, including the declaration page setting forth each and every vehicle and every driver which is insured by such policy, and all subsequent endorsements issued by the insurance company are required to be submitted with each application for a license and/or renewal thereof.
E. 
The license shall be effective only so long as the statutory insurance policy shall remain in full force to the full and collectible policy limits as required by statute.
F. 
In the event of the expiration, cancellation, or other termination of the statutorily required insurance, any and all limousine licenses or limousine drivers' licenses having been issued by the Town of Boonton shall terminate immediately and automatically upon the effective date of the expiration, cancellation or other termination of such insurance or upon the Town's notice thereof, whichever comes first.
G. 
If within two business days of the termination of any such license the holder provides the Town Clerk with notice in writing from the insurance company of record with the Town that the insurance coverage has been reinstated or with notice consistent with the provisions of § 265-9A, B, C and D that a new policy of insurance has been purchased, the Town Clerk may, with the approval of the Town Attorney, reinstate the terminated licenses for the remainder of the licensing period.
H. 
This section shall not abrogate or relieve a license holder from any duty or requirements of the insurance laws or the motor vehicle financial responsibility laws of this state.
A. 
If, after review of an application and after receipt of a recommendation from the Chief of Police, the Town Clerk finds that an application is in compliance with the licensing provisions of this section and with all other applicable statutes, rules and regulations, then the Town Clerk shall issue a limousine license stating the name(s) and address(es) of the holder, operator and/or owner, the date of the issuance of the license and the record owner, year, type and model of each and every vehicle which the holder is licensed to operate as part of a limousine operation in the Town of Boonton.
B. 
If, after review of an application and after the receipt of a recommendation from the Chief of Police, the Town Clerk finds that an application is not in compliance with the licensing provisions of this section or with all other applicable rules and regulations, the application shall be denied and no license shall be issued.
In the event any of the information required to be submitted for the issuance of a limousine service license changes during the term of the license, the license holder shall immediately submit such updated or changed information for review by the Town Clerk, including, without limitation and where required, a new, revised insurance policy and new NJMVC certification of driver qualification. If the holder of a limousine service license fails to submit such information as required herein within seven days, the limousine service license shall be subject to termination by the Mayor and Board of Aldermen. If the updated application information fails to satisfy the requirements of this chapter or of applicable New Jersey statutes, the limousine service license shall be subject to termination by the Mayor and Board of Aldermen as set forth in § 265-12.
A. 
Revocation. A limousine license shall be revoked by the Mayor and Board of Aldermen after notice and hearing under any of the following circumstances:
(1) 
Upon lapse of the insurance required above in § 265-9.
(2) 
Upon failure of the state inspection of any vehicle operating under such license unless repairs are not made according to statute.
(3) 
Upon violation of or nonconformance with any of the requirements of this section.
(4) 
It is determined that a driver operating a vehicle covered by the limousine service license is not identified in the current application on file in the office of the Town Clerk, is not qualified as a limousine driver by NJMVC, has operated a limousine requiring a CDL where such driver does not possess such a license or is otherwise disqualified under New Jersey statutes.
(5) 
It is determined that a vehicle covered by the limousine service license is being kept at an unapproved location.
(6) 
It is determined that vehicles are being operated by the limousine service without coverage under the filed insurance policy or appropriate registration by NJMVC as a limousine.
(7) 
It is determined that the license holder has failed or fails to render reasonably prompt, safe and adequate service.
(8) 
It is determined that the license holder has failed to comply with any law of the State of New Jersey or ordinance of the Town of Boonton or applicable rule or regulation regarding the ownership and operation of limousines.
B. 
Notice of revocation of a limousine license shall be provided in writing via regular and certified mail, facsimile, or e-mail of record, to the licensee's principal place of business. However, direct oral communication by the Town Clerk or the Clerk's designee to the holder or owner of such license or to a driver employed thereby shall be sufficient notice to immediately terminate the limousine licensee's operation within the Town before the written notice aforesaid is transmitted by the Town.
C. 
Reinstatement. A limousine license may be reinstated by the Mayor and Board of Aldermen upon the holder's submission of proof of insurance pursuant to § 265-9, upon submission of proof of passing the state inspection requirements; or upon submission of proof of compliance with all the requirements of this section.
D. 
Reinstatement fee. The fee for reinstatement of a limousine license shall be the same as the fee for the initial application for a limousine license.
Limousine licenses shall be numbered consecutively and shall contain the following information:
A. 
The number and effective dates of the license.
B. 
The name and address of the limousine service owner.
C. 
The make, model, year and the vehicle identification number of the vehicle.
D. 
The insurance company name, policy number, effective date and expiration date.
E. 
The maximum number of passengers permitted in the vehicle.
F. 
The Town Clerk shall keep a register of all limousine licenses granted which register shall contain the details required by this subsection.
G. 
The limousine license shall be clearly displayed within the vehicle at all times.
H. 
The limousine shall have affixed a decal from the Town of Boonton indicating that the limousine service is licensed with the Town of Boonton.
I. 
The Mayor and Board of Aldermen may, by resolution, make such rules and regulations in relation to the operation of limousines and the conduct of operators thereof as it may determine to be necessary and proper in the best interests of the Town. A certified copy of any such resolution shall be forwarded to all licensees within 10 days following the final passage of such resolution.
No limousine license may be transferred.
Every holder of a limousine license shall be responsible for the operation of each vehicle for which the holder's limousine license has been granted regardless of the legal relationship between such holder and the driver of one of the holder's limousines.