[Ord. No. 3-15-83 § 30-1]
No person shall located, maintain and/or make available to the
public for operation amusement game(s) in any commercial building
in the Township except in accordance with those standards provided
by this section. This section shall not be applicable to any fraternal,
religious and/or nonprofit organization.
[Ord. No. 3-15-83 § 30-1.1]
As used in this section:
Any machine or device of a type commonly known and designated
as "pinball," "console cathode ray tube game machines," "electronic
or video game machines," "electronic crane," "bagatelle," "baseball,"
and any other game, machine or device similar to the above, operated
by the use of coins or tokens and for the purpose of amusement or
entertainment of the user.
[Ord. No. 3-15-83 § 30-3; Ord. No. 92-4, § 1; Ord. No. 11-2 § 2]
No person shall locate, maintain and/or make available to the
public for operation any amusement game in any commercial building
in the Township unless such person shall have first obtained a license
from the Township Clerk as provided for in this section. This subsection,
however, shall not be applicable to any fraternal, religious and/or
nonprofit organization. Should this provision be ignored and the amusement
game operator/owner fail to acquire a license, the Police Department
is empowered to cease and desist such operation.
A.
A person seeking a license under this section shall complete and
file an application with the Township Clerk, which shall be on a form
supplied by the Township Clerk. The application shall set forth the
following information:
(1)
The name and address of the person applying for a license. In the
case of a partnership, the application shall set forth the name and
address of each of the partners. In the case of a corporation, the
application shall set forth the names and addresses of any officer
or directors of such corporation holding 10% of more of the outstanding
stock of such corporation.
(2)
The tax lot and block and address, if any, of the premises or portion
thereof where such amusement game(s) is to be located, maintained
or operated.
(3)
Whether the premises is owned by the applicant or, if not owned,
the name and address of the lessor or licensor of such premises.
(4)
A statement of the number of amusement game(s) located, maintained
or operated or to be located, maintained or operated or to be located,
maintained or operated by the applicant on the licensed premises.
(5)
A statement as to whether the applicant, or in the case of a partnership
or corporation, any partner, officer or director of such partnership,
or corporation or anyone holding any interest of 10% or more of the
ownership in such applicant, has ever been convicted of any crime
involving moral turpitude.
(6)
Such application shall be executed by the applicant or, in the case
of a partnership, corporation, organization or firm, the duly authorized
representative of such applicant.
(7)
The name, address, age and social security number of a person 18
years or older who shall be responsible for the supervision and monitoring
of the use of any amusement game(s) to be licensed under this section
during the hours of operation. The presence of such person on the
premises where such amusement game(s) are to be located during normal
operating hours shall further be a condition of any license issued
under this section.
B.
The applicant shall pay a nonrefundable fee of $75 for each amusement
game(s) to be located, maintained or operated by the applicant under
a license issued under this section to the Township Clerk upon the
filing of an application.
C.
Prior to issuing a license under this section, the Township Clerk
shall forward a copy of each application to the Zoning Officer, who
shall indicate in writing to the Township Clerk whether the location
to be licensed is in compliance with the provisions of the Rockaway
Township Land Use Ordinance. No license shall be issued by the Township
Clerk in the absence of written approval by the Zoning Officer.
D.
Prior to issuing a license under this section, the Township Clerk
shall further forward a copy of the application to the Chief of Police.
No license shall be issued under this section where the Chief of Police
has reported in writing that any application or any officer or director
of any applicant or anyone holding an interest of 10% or more of the
ownership if such applicant has been convicted of a crime involving
moral turpitude.
E.
Any license issued under this section shall expire on December 31
of each calendar year following the date of the issuance of such license.
[Ord. No. 3-15-83 § 30-5; Ord. No. 11-10-87, § 1; Ord. No. 11-2 § 3]
A.
The recipient of a license shall pay an annual renewal fee in the
amount of $120 per calendar year for each premises in which an amusement
game is to be located.
B.
The person maintaining each amusement game shall pay to the Township
a fee of $75 per calendar year for each machine to cover the costs
of, among other items, inspection and regulation of amusement games.
[Ord. No. 3-15-83 § 30-2]
A.
All areas designed for amusement game(s) should have a minimum of
36 inches clear passage between any obstruction and amusement machine(s).
This area should be maintained at all times for proper egress.
B.
Each amusement game shall have an approved electrical inspection
for each game through the Township Construction Department.
C.
Any building containing amusement game(s) shall have proper exit
signs along with emergency light(s).
D.
All amusement game arcades will conform to the hours of operation
of the surrounding retail businesses.
[Ord. No. 3-15-83 § 30-4]
A.
The Township Council may terminate or suspend any license issued
under this section where it appears that any of the following conditions
exist:
(1)
That an application filed is materially false or purposely misleading.
(2)
That the licensee has violated or is in violation of any County or
municipal ordinance, rule, regulation, approval or other appropriate
governmental law.
(3)
That the licensee has maintained or continues to maintain any activity
on the premises to be licensed which constitutes a public nuisance
adversely affecting the public health, safety, and welfare.
(4)
That the licensee or owner of amusement games has failed to pay any
fee required by this section.
B.
The following procedure shall be applicable toward the revocation
or suspension of any license issued under this section:
(1)
The Township Council, through the Township Clerk, shall cause a written
notice for the grounds for possible revocation or suspension to be
served upon the licensee or any agent of the licensee, together with
a notice of the date, time and place of a hearing to be held, not
less than 10 days after such service, and directing the licensee to
show cause before the Township Council why the license should not
be suspended or revoked.
(2)
At the hearing before the Township Council, all evidence offered
by the licensee, Township officials and the general public which is
material to the issue shall be offered, and the Township Council shall
make a prompt determination of its findings. If the findings are made
in favor of the licensee, the license issued shall continue under
the terms and conditions under which it was issued. If the findings
are against the licensee, the license issued may be revoked entirely,
suspended or conditioned in such a manner as the Township Council
may direct.
[Ord. No. 3-15-83 § 30-6]
Any person who violates any provision of this section shall upon conviction be liable to the penalty stated in Chapter 1, Section 1-5. A separate offense shall be deemed committed for each separate day involved or on each day involved during the continuation of any such event in violation of any of the provisions of this section.
[1]
Note: Prior ordinance history includes portions of Ordinance
No. 10-21.
[Ord. No. O-14-25]
The purpose of this section shall be to provide rules, regulations
and standards for the placement and use of donation clothing bins
in the Township of Rockaway in order to promote the public health,
safety, convenience and welfare of the Township.
[Ord. No. O-14-25]
For the purposes of this section only, the term "solicitation"
or "solicit" shall mean the request, directly or indirectly, for money,
credit, property, financial assistance, or other thing of any kind
or value. Solicitation shall include, but not be limited to, the use
or employment of canisters, cards, receptacles or similar devices
for the collection of money or other thing of value. A solicitation
shall take place whether or not the person making the solicitation
receives any contribution.
[Ord. No. O-14-25]
Notwithstanding any other provision of law to the contrary,
no person shall place, use, or employ a clothing bin within the Township
of Rockaway for solicitation purposes without obtaining a permit from
the Township Clerk. Permits shall be valid for one year, except for
initial permits issued after January 1, and may be annually renewed
thereafter. All permits shall expire on December 31 of each year.
The provisions of this section shall apply to all charitable clothing
bins in place as of the effective date of this section, and to all
clothing bins placed subsequent to the effective date of this section.
[Ord. No. O-14-25]
The annual permit fee shall be $25 per bin. The fee will not
be prorated for initial permits issued after January 1.
[Ord. No. O-14-25]
The application for obtaining a permit shall include:
A.
The location where the bin will be situated, as precisely as possible,
drawn on a copy of the property survey, showing the bin's relationship
to property features, including but not limited to roads, buildings,
parking spaces, and grassy areas; and
B.
The manner in which the person anticipates any clothing or other
donations collected via the bin will be used, sold, or disbursed,
and the method by which the proceeds of collected donations will be
allocated or spent; and
C.
The name, telephone number and address of the bona fide office where
a representative of the person or entity, respectively, which may
share or profit from any clothing or other donations collected via
the bin can be reached at a telephone information line during normal
business hours (NOTE: An answering machine or service unrelated to
the person or entity does not constitute a bona fide office.); and
D.
Written consent from the property owner, in the form prescribed by
the Township, authorizing the placement of the bin on the property;
and
E.
Appropriate proof that the person or entity placing the bin is currently
qualified as a charitable organization in accordance with all applicable
laws.
[Ord. No. O-14-25]
In addition to the above application requirements, renewal applications
must include:
A.
A statement on the manner in which the person or entity has used,
sold, or disbursed any clothing or other donations collected via the
bin, the method by which the proceeds of collected donations have
been allocated or spent, and any changes the person or entity anticipates
to make in these processes during the period covered by the renewal;
and
B.
The name, address and telephone number of the bona fide office required in Subsection 5-2.5C of any entity which shared or profited from any clothing or other donations collected via the bin, and of any entities which may do so during the period covered by the renewal; and
C.
If the location of the bin is to be moved, the new location where
the bin is to be situated, as precisely as possible, and written consent
from the property owner of the new location, consenting to placement
of the bin on his/her property.
[Ord. No. O-14-25]
Location, placement, and size of clothing bins shall be subject
to the following:
A.
The Township shall not grant an application for a permit to place,
use, or employ a charitable clothing bin if it determines that the
placement of the bin could constitute a safety hazard. Such hazards
shall include, but not be limited to, the placement of a charitable
clothing bin within 100 yards of any place which stores large amounts
of, or sells, fuel or other flammable liquids or gases; or the placement
of a bin where it interferes with vehicular or pedestrian circulation.
The person placing, using or employing a charitable clothing bin shall
maintain the bin and the area surrounding the bin such that there
shall be no accumulation of clothing or other donations outside the
bin.
B.
No clothing bin shall be placed/located on any public property.
C.
Placement/location of clothing bins shall be permitted only on properties
located within the following zones: OR-3, B-1, B-2, R-B, O-1, O-2,
O-3, PED, and OB-RL. No clothing bin shall be placed in or block any
parking space or pedestrian access.
D.
No more than two clothing bins shall be placed/located on any tax
lot within the permitted zones set forth herein.
E.
No clothing bin shall exceed the maximum size of six feet by six
feet by six feet.
F.
All clothing bins shall be emptied at least once every week. No individual
or entity placing a clothing bin shall permit any overflow of the
bin.
[Ord. No. O-14-25]
The following information shall be clearly and conspicuously
displayed on the exterior of the charitable clothing bin:
A.
The permit number and its date of expiration; and
B.
The name and address of the registered person or entity who owns
the bin, and of any other person or entity who may share or profit
from any clothing or other donations collected via the bin; and
C.
The telephone number of the owner's bona fide office, and, if applicable,
the telephone number of the bona fide office of any other entity which
may share or profit from any clothing or other donations collected
via the bin. For the purposes of this subsection, an answering machine
or service unrelated to the person does not constitute a bona fide
office; and
D.
In cases when any entity other than the person or entity who owns
the bin may share or profit from any clothing or other donations collected
via the bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected via
the bin, their proceeds, or both, may be shared, or given entirely
to, an entity other than the person/entity who owns the bin, and identifying
all such entities which may share or profit from such donations; and
E.
A statement, consistent with the information provided to the Township
in the most recent permit or renewal application, indicating the manner
in which the owner anticipates any clothing or other donations collected
via the bin will be used, sold, or disbursed, and the method by which
the proceeds of collected donations will be allocated or spent.
[Ord. No. O-14-25]
A.
The Business Administrator or the Business Administrator's designee
shall receive, investigate, and if necessary, enforce within 30 days,
any complaints from the public about the bin. Whenever it appears
to the Business Administrator or the Business Administrator's designee
that a person has engaged in, or is engaging in, any act or practice
in violation of this section, the person/entity who placed the bin
shall be issued a violation notice, stating that if the violation
is not rectified or a hearing with the Township Council is not requested
within 45 days, the bin will be seized or removed at the expense of
the person/entity who placed the bin, and any clothing or other donations
collected via the bin will be sold at public auction or otherwise
disposed of. In addition to any other means used to notify the person/entity
who placed the bin, such violation notice shall be affixed to the
exterior of the bin itself.
B.
In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the violation notice, the Township may seize the bin, remove it, or
have it removed, at the expense of the person/entity who placed the
bin, and sell at public auction or otherwise dispose of any clothing
or other donations collected via the bin. Any proceeds from the sale
of the donations collected via the bin shall be transmitted to the
Chief Financial Officer of the Township.
[Ord. No. O-14-25]
In addition to any other penalties or remedies authorized by
the Township Code or the laws of this state, any person/entity who
violates any provision of this section or the provisions of P.L. 2007,
c. 209 (N.J.S.A. 40:48-2.60 et seq.), which results in seizure of
the charitable clothing bin shall be:
A.
Subject to a penalty of up to $20,000 for each violation. The Township
may bring this action in the Municipal Court or the Superior Court
of New Jersey as a summary proceeding under the Penalty Enforcement
Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.), and any
penalty monies collected shall be paid to the Chief Financial Officer
of the Township; and
B.
Deemed ineligible to place, use, or employ a charitable clothing
bin for solicitation purposes pursuant to this section and P.L. 2007,
c. 209 (N.J.S.A. 40:48-2.60 et seq.). A person/entity disqualified
from placing, using, or employing a charitable clothing bin by violating
the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.)
may apply to the Township Council to have that person's eligibility
restored. The Township Council may restore the eligibility of a person/entity
who:
C.
Nothing contained herein shall be read or interpreted to prevent
the immediate issuance of a summons or complaint in the Municipal
Court for any violation of this section.
[Ord. No. 3-3-81 § 8-1]
As used in this section:
Any person, partnership or corporation, who, through any
means, buys or sells secondhand gold, silver, precious metals or jewelry,
and includes anyone advertising the purchase or sale of any of the
aforementioned items.
Any person under the age of 18 years.
[Ord. No. 3-3-81 § 8-2; Ord. No. 11-2 § 4]
Each dealer conducting business within the jurisdiction of the
Township shall first register with the Chief of Police, who shall
investigate the applicant, and shall obtain a license from the Township
Clerk by paying a fee of $150.
[Ord. No. 3-3-81 § 8-3; Ord. No. 12-1-87 § 1]
Each dealer shall maintain a complete record of each purchase
including the amount paid, the name, residence, occupation, age, and
description of the person from whom the items were purchased or received.
Those records shall be subject to the inspection of any authorized
police officer of the Township.
[Ord. No. 3-3-81 § 8-4; Ord. No. 12-1-87 § 1]
Each dealer doing business in the Township shall deliver to
the Chief of Police the description of all items purchased or received
within 72 hours of the completion of the transaction, on forms prescribed
by the Chief of Police.
[Ord. No. 3-3-81 § 8-5]
No dealer shall sell, melt, change the form of or dispose of
any articles purchased or received within five days from the date
the notification is made to the Chief of Police and all such items
shall remain on the premises where the purchase was made for at least
five days.
[Ord. No. 3-3-81 § 8-6]
Each dealer must require identification of the person with whom
it is transacting business and no transaction may be made with any
minor.
[1]
Note: Prior ordinance history includes portions of Ordinance
Nos. 3-3-81, 94-7, 94-14, 97-1 and 05-44.
[Ord. No. 08-24 § 1]
The purpose of this section is to provide standards and regulations
for various types of intrusion, burglar, fire, and other emergency
alarm devices requiring response thereto by the Police Department,
Fire Companies or other municipal agencies.
[Ord. No. 08-24 § 1]
The provisions of this section shall apply to any person who
operates, maintains or owns any local alarm designed to summon the
Police, Fire Companies or other municipal agencies to any location
in response to any type of alarm signal.
[Ord. No. 08-24 § 1]
As used in this section:
The Chief of Police of the Police Department of the Township
of Rockaway.
Shall be limited to a member of the Police Department of
the Township.
Any device which, when activated, automatically or electronically
transmits to the Police Department, via telephone lines a prerecorded
message requesting emergency assistance from either the Police Department
or the Fire Department.
The actuation of a local alarm to which the Police Department
or Fire Department must respond, and for which an investigation fails
to reveal a cause of the nature or type to which the alarm was designated
or intended to react.
The Township of Rockaway Fire Department.
Any type of equipment, device or system which when activated,
produces a signal not connected to the alarm console, including, but
not limited to, store, burglar or other type of alarm devices connected
to private monitoring systems which alarms may be relayed to the Township
Police Headquarters.
Deemed to include any natural person, partnership, corporation
or association.
The Rockaway Township Police Department.
[Ord. No. 08-24 § 1]
Dial alarm devices shall not be permitted. Existing dial alarm
devices shall be discontinued within 30 days of notification by the
Chief of Police.
[Ord. No. 08-24 § 1]
A.
In the case of any false alarm, any person having knowledge thereof
shall immediately notify the Police Department in a manner to be prescribed
by the rules and regulations herein made and provided.
B.
In the case of false alarms, the Chief of Police shall cause an investigation
to be made and shall keep a record of said false alarm on file.
C.
In the case of a false alarm for fires, the Fire Department involved
shall be notified by the Police Department and the appropriate District
Chief shall participate in the investigation. The record of the false
fire alarm shall be filed with the Fire Official who shall issue the
appropriate penalty in accordance with N.J.A.C. 5:18-2.12.
D.
The following penalties shall be imposed upon the owner of any local
alarm for a false alarm:
(1)
For the first six false alarms within any one calendar year beginning
January 1 through December 31, no penalty shall be imposed.
(2)
For additional false alarms within the same calendar year beginning
January 1 through December 31, the following penalties shall be imposed
upon the owner of the local alarm:
|
Residential False Alarms
|
Nonresidential False Alarms
| |
|---|---|---|
|
Seventh false alarm
|
$100
|
$200
|
|
Eighth false alarm
|
$150
|
$250
|
|
Ninth false alarm
|
$200
|
$300
|
|
Any subsequent false alarms within the same calendar year
|
$250
|
$500
|
F.
The penalty shall be issued by the Police Department and shall be
paid by the violator to the Township of Rockaway within the time specified.
If the penalty is not paid within the time specified, the Police Department
shall issue a summons to the violator.
In the event of a seventh false alarm, the Chief of Police shall forward a notice via regular mail to the owner of the local alarm setting forth the number of false alarms that have occurred by the owner's alarm. In addition, the notice shall provide the schedule of penalties set forth in Subsection 5-4.5D. The Chief of Police shall not be required to provide notice of further false alarms, however additional penalties shall accrue.
G.
In the case of any false alarm, the Chief of Police shall forward a notice via regular mail to the owner of the alarm setting forth the number of false alarms which have occurred by the owner's alarm. The letter shall also set forth the schedule of penalties in Subsection 5-4.5.
H.
The owner of the alarm that is the subject of the false alarms shall
take all necessary steps to immediately ascertain the cause of any
false alarm and shall alleviate the problem within 72 hours or show
cause before the Chief of Police why the malfunction cannot be remedied
within the time period. The Chief of Police shall have the discretion
to grant an additional period of time within which to make the repair.
I.
The Police Department shall be notified, either verbally or in writing,
in advance of the testing of any local alarm. Failure to properly
advise the Police Department of such test will be treated as a false
alarm and be subject to the same penalties.
[Ord. No. 08-24 § 1; Ord. No. 09-2 § 1]
Any person, firm or corporation found guilty in the Municipal Court for violation of the term of this section shall be subject to a fine not to exceed $1,000 or imprisonment for a period not to exceed 90 days or both in addition to the false alarm fees and pursuant to Subsection 5-4.5D.
[Ord. No. 8-2-83 § 49-1; Ord. No. 04-18 § 1; Ord. No. O-15-04, § 1]
As used in this section:
Any individual traveling either by foot or by vehicle from
place to place, from house to house, or from street to street taking
or attempting to take orders for the sale of goods, wares, merchandise,
and personal property of any nature whatsoever for future delivery
or for services to be furnished or performed in the future, whether
or not such individual has, carries, or exposes a sample of the subject
of such sale or whether he is collecting advance payment on such sales.
Shall also be deemed to be one who is not in the business
of selling goods, but one who distributes samples of goods, wares,
merchandise, and personal property of any nature whatsoever, or one
who gathers or distributes material, facts or information, whether
or not remuneration or compensation is received thereof.
Any individual, firm, corporation or voluntary organization
who or which offers for sale prepared food from a motorized vehicle
at a fixed location. An individual, firm or voluntary organization
who or which offers for sale prepared food from a motorized vehicle
at a location other than a fixed location is deemed to be a peddler
and is subject to the requirements and regulations governing peddlers
in this chapter.
Any individual, firm, corporation or voluntary organization
which exposes any item for sale, takes orders for future sale or delivers
items resulting from sales within the Township, whether or not such
items are offered for sale by someone from a motorized vehicle (stationary
or nonstationary).
The following is a list of items which if offered for sale are
included in the definition of "peddler," but this list is not deemed
exclusive of all other items: meats, fish, vegetables, fruits, food,
ice cream, fruit ices, garden farm produce, flowers and plants.
"Peddler" includes the words "huckster," "hawker" and "vendor."
[Ord. No. 8-2-83 § 49-2; Ord. No. 04-18 § 2]
It shall be unlawful for any person, firm, or corporation, except
those exempted under N.J.S.A. 45:24-9 et seq., and unless otherwise
exempt pursuant to this chapter, to engage in the business of hawking,
peddling, canvassing, or soliciting as defined with the corporate
limits of the Township without first registering with and/or obtaining
a license from, whichever is appropriate, the Township Clerk.
[Ord. No. 8-2-83 § 49-3; Ord. No. 94-15 § 1; Ord. No. 98-4 § 1]
At least two weeks prior to the date or period for which an
applicant seeks a license hereunder, all applicants shall file with
the Township Clerk of the Township of Rockaway or his or her designate
a sworn written application in duplicate, on a form to be furnished
by said Clerk, which shall give the following information:
A.
Name, age, and physical description of the applicant, including date
of birth and driver's license number.
B.
Permanent home address and full local address, if any, of the applicant.
C.
Name and address of employer, firm, or person represented.
D.
Description of the nature of the business and the goods, services,
or wares to be sold.
E.
A statement as to whether or not the applicant has ever been convicted
of any crime, misdemeanor, or disorderly conduct offense, where and
when convicted, the nature of the offense and the penalty, if any.
F.
A statement as to whether or not the applicant has been convicted
of any violation of any ordinance concerning hawkers, peddlers, canvassers,
and solicitors, and when convicted, the nature of the offense and
the penalty, if any.
G.
Two photographs of the applicant taken within 60 days immediately
prior to the date of the application which are 1 1/2 inches by
2 1/2 inches in size, showing the head and shoulders of the applicant
in a clear and distinguishing manner.
H.
The make, model, year, color and license plate number of the vehicle(s)
used by the applicant during the period of solicitation within the
Township and the number of his driver's license and the date of issuance.
I.
A true copy of the applicant's certificate of authority to collect
sales tax issued by the New Jersey Department of Taxation.
J.
A letter or other written statement from the individual, firm or
corporation employing the applicant, certifying that the applicant
is authorized to act as the employer's representative.
K.
Such other information as may be reasonably required by the Township
Clerk or his or her designee in order to determine the truth or validity
of the statements contained in the application.
L.
If while the application is pending or during the term of any license
thereunder, there is any change in fact, policy, or method that would
alter the information given in the application, the applicant shall
notify the Township Clerk in writing within 24 hours after such change.
M.
Two business references located in the County of Morris, State of
New Jersey, or in lieu thereof, such other available evidence of the
character and business responsibility of the applicant as will enable
an investigator to properly evaluate such character and responsibility.
N.
The name of the last three municipalities with respect to which the
applicant canvasser, solicitor, hawker, or peddler applied for a license
relating in any manner to peddling, hawking, canvassing, or soliciting.
O.
New Jersey State Bureau of Identification forms SBI-19 Fingerprint
Card and SBI-212B Request for Criminal History Record Information,
completed and/or signed by the applicant as required.
[Ord. No. 8-2-83 § 49-4; Ord. No. 04-18 § 3]
A separate license must be issued for every solicitor or organization
soliciting within the Township limits. Every employee or agent of
a solicitor or organization must be issued a separate badge.
[Ord. No. 8-2-83 § 49-5; Ord. No. 98-4 § 2]
A.
Upon receipt of such application, a copy shall be referred to the
Chief of Police who shall make or cause to be made such investigation
of the application as he deems necessary, including a Request for
Criminal History Record Information and fingerprint identification
which shall be forwarded to the State Bureau of Identification, for
the protection of the public welfare or to determine the truth of
the information contained in the application.
B.
If, as a result of such investigation the applicant's character or
business responsibility is found to be unsatisfactory, the Chief of
Police shall note on the application his disapproval and write a brief
account of his reasons for disapproval. The application shall be returned
to the Township Clerk who shall notify the applicant that his application
is disapproved. Any determination by the Chief of Police for the disapproval
of an application shall be based upon one or more of the following
findings with respect to the applicant:
(1)
Prior violation of a hawking, peddling, canvassing, or soliciting
ordinance.
(2)
Previous fraudulent acts or conduct.
(3)
Record of breaches of soliciting contracts.
(4)
Misrepresentation or false statement contained in the application
for the license.
(5)
Convictions of a crime relating adversely to the occupation of hawking,
peddling, canvassing, or soliciting ordinance. As herein relevant,
provisions of N.J.S.A. 2A:168A-1 shall be complied with.
C.
If, as a result of such investigation the applicant's character and
business responsibility are found to be satisfactory, the Chief of
Police shall note on the application his approval, returning the application
to the Township Clerk, who shall, upon payment of the prescribed license
fee, execute and mail to the applicant his license. The Clerk shall
keep a record of all licenses issued and all complaints received,
if any, concerning each license.
D.
The Township Clerk shall issue to each licensee at the time of mailing
of his license a badge which shall show the nature of the license
in letters and figures easily discernible. Such badge must be worn
constantly by the licensee in such a manner as to be readily visible
when engaged in the activities herein.
E.
Upon issuance of the license, each applicant shall pay to the Township
Clerk the sum of $10 as a deposit for each badge, refundable to the
applicant when returned to the Township Clerk.
F.
No license shall be issued where any person who would use the proposed
license is under 16 years of age.
[Ord. No. 8-2-83 § 49-6; Ord. No. 98-4 § 3; Ord. No. 11-2 § 5]
A.
For a daily license, $25 per day.
B.
For a weekly license, $55 per week, and for the purposes of this
section, a "week" shall constitute any six consecutive days, excluding
Sundays.
C.
For a yearly license, $250 per year, and for the purpose of this
section, all yearly licenses shall expire at the end of the calendar
year in which they are issued.
D.
In addition to the foregoing Township license fees, each applicant
must pay the fees established by N.J.A.C. 13:59-1.3(a), (b) and (c)
in effect at the time said application is filed. Payment of said fees
shall be made by cashier's check, certified check or money order made
payable to "Division of State Police — SBI."
[Ord. No. 8-2-83 § 49-9; Ord. No. 7-7-87 § 1; Ord. No. 04-18 § 4]
A.
Every holder of a peddler's license or solicitor's license issued
by the Township Clerk under the authority of this section or by the
Clerk of the County of Morris under the authority of N.J.S.A. 45:24-9
shall be required to carry such license with him while engaged in
the business or activity licensed within the corporate limits of the
Township. He shall produce such license at the request of any official
of the Township or of any resident of the Township with whom he wishes
to conduct his business or activity.
B.
Every individual hawking, peddling, canvassing or soliciting shall
restrict his activity within the Township to the hours between 9:00
a.m. and 9:00 p.m. prevailing time, Mondays through Saturdays and
shall notify the Police Department at least once in every week in
which he plans to conduct activity, before commencing his selling,
soliciting, or distributing activity.
[Ord. No. 8-2-83 § 49-8]
Licenses shall not be transferable and must be surrendered after
expiration before a renewal license can be issued.
[Ord. No. 8-2-83 § 49-12]
A.
Licenses issued under this section may be revoked by the Chief of
Police after reasonable notice and hearing, for any of the following
causes:
(1)
Misrepresentation or false statement contained in the application
for the license.
(2)
Misrepresentation or false statement made in the course of carrying
on activities regulated herein.
(3)
Conviction of any crime or misdemeanor relating adversely to the
occupation of peddling or soliciting.
(4)
Conducting the business of soliciting and canvassing in an unlawful
manner, in violation of this section or in such manner as to constitute
a breach of the peace or to constitute a menace to the health, safety
or general welfare of the public.
B.
Notice of hearing for revocation of a license shall be given in writing
setting forth the grounds of complaint and the time and place of hearing.
Such notice shall be served personally upon the licensee or mailed,
postage prepaid, to the licensee at the address given by the licensee
in making application herein, at least five days prior to the date
set for the hearing.
[Ord. No. 8-2-83 § 49-13; Ord. No. 98-4 § 4]
Any person aggrieved by the action of the Chief of Police or
the Township Clerk in the denial of an application for a permit or
license or in the decision with reference to the revocation of a license
shall have the right of appeal to the Township Council. The appeal
shall be taken by filing within 14 days after notice of the action
complained of has been mailed to such person's last known address,
a written statement setting forth fully the grounds for the appeal
including, especially, any challenge to the completeness or accuracy
of the Criminal History Record Information obtained from the State
Bureau of Identification. The Township Council shall set a time and
place for a hearing on such appeal and notice of such hearing shall
be given to the appellant by personal service upon the applicant or
licensee or mailing, postage prepaid, to the applicant or licensee
at the address given by the applicant or licensee on the application.
The decision and order of the Township Council on such appeal shall
be final and conclusive.
[Ord. No. 8-2-83 § 49-14; Ord. No. 04-18 § 5]
A.
Any veteran or exempt fireman of a Volunteer Fire Department holding
a special license issued pursuant to N.J.S.A. 45:24-9 and 45:24-10
shall be exempt from procuring a license or paying the fee as provided
herein, but shall be required to comply with all other applicable
subsections of this section, and shall be required to register with
the Township Clerk and obtain a permit which will be issued by the
Clerk upon proper identification and exhibition of such State license.
B.
The requirements of this chapter shall not apply to the following:
(1)
Any public utility or its employees, where the public utility is
subject to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employees shall display the identification
badge or card issued by their employer.
(2)
Any person engaged in the delivery of goods, wares or merchandise
or other articles or things in the regular course of business to the
premises of persons who had previously ordered the same or were entitled
to receive the same by reason of a prior agreement.
(3)
This section shall not be construed to include the selling of any
article at wholesale to dealers in such articles or the delivery of
milk, eggs, bread, newspaper or such other necessary and perishable
articles of food or merchandise of a type commonly delivered on a
house-to-house basis at intervals of less than one week or the selling
of products actually grown by the seller, but the foregoing shall
be subject to any and all regulations, statutes and ordinances concerning
food handling and food handlers and all other applicable ordinances,
regulations and statutes of the Township and State.
(4)
Federal census takers and polls or surveys taken pursuant to Federal,
State or local law shall not be prohibited by this section.
[Ord. No. 8-2-83 § 49-15; Ord. No. 04-18 § 6]
A.
Any charitable organization, including, but not limited to, religious,
patriotic, philanthropic, or community organizations, desiring or
soliciting in its name contributions or financial assistance of any
kind, or desiring to sell or distribute any item of literature or
merchandise within the Township for a charitable purpose shall be
exempt from the following subsections, 5-5.3, 5-5.5, 5-5.6, and 5-5.7A
provided that a sworn application is filed with the Township Clerk
or Chief of Police, which shall give the following information:
(1)
Name and purpose of the cause for which the permit is sought.
(2)
Name and address of the organization.
(3)
Period during which solicitation is to be carried on.
(4)
Name and address of each agent or representative who will conduct
solicitations and the length of time that the agent or representative
has been employed or affiliated with such organization, society, association,
or corporation.
(5)
A copy of a valid driver's license or other form of photo identification,
a copy of which will be kept on file in the municipal Clerk's office.
B.
Each applicant or agent or representative of the applicant shall
pay to the Township Clerk the sum of $10 as a deposit for the badge,
refundable to the applicant or his agent or representative upon the
return of the badge to the Township Clerk. Local charitable organizations
with principal headquarters in Rockaway shall be exempt from the requirements
of this subsection to obtain and pay the deposit fee for a badge for
each of its representatives conducting the solicitations who are 16
years of age or younger.
[Ord. No. 8-2-83 § 49-9]
A.
No peddler or solicitor shall call attention to his business or to
his merchandise by crying out, blowing a horn or making any other
loud or unusual noise.
B.
No peddler or solicitor shall conduct or attempt to conduct his business
on any residence or on any property on which is posted a sign expressly
prohibiting such activity.
[Ord. No. 8-2-83 § 49-11]
The Township Clerk shall maintain a record of all licenses issued
under the provisions of this section and shall record all convictions
for violations of this section and other pertinent circumstances and
incidents reported by the Chief of Police.
[Ord. No. 8-2-83 § 49-10]
It shall be the duty of any Township Police Officer to enforce
the provisions of this section and to require any person seen peddling
or soliciting who is not known by such officer to be duly licensed
to produce his peddler's or solicitor's license.
[1971 Code § 61-17]
This section is passed for the purpose of regulating motor vehicle
junk dealers.
[1971 Code § 61-3]
As used in this section:
Describe any dealer engaged in the business of storing, displaying,
buying or selling secondhand automobiles or parts thereof.
[1971 Code § 61-2]
No person or persons, firm or corporation shall engage in the
business of storage of or buying and selling secondhand automobiles
or parts thereof in the Township without first obtaining a license
to do so.
[1971 Code § 61-13]
A.
Any persons engaged in the business of motor vehicle junk dealing
shall make application to the Township Clerk, who is hereby designated
as the licensing officer for the purpose of this section.
B.
The application shall be in writing and shall set forth the name of the person(s), their respective addresses or principal place of business, and shall describe the premises upon which the business is to be conducted, giving the street frontage and approximate depth of the premises, and the application shall be accompanied by the license fee established in Subsection 5-6.5.
C.
The Township Clerk is hereby directed to present the application
to the Council at its next meeting and is hereby authorized to issue
a license to such person on approval of the same by the Council.
D.
The license shall be effective from the date of issue to the December
31 of the year in which the license is issued.
E.
All persons, firms or corporations, upon the expiration of any license
granted shall make application to the Township Clerk for a license
to conduct the business for the ensuing year or part thereof, and
shall pay for the license the same fee as hereinabove set forth.
[1971 Code § 61-12; Ord. No. 3-15-83]
Every person, firm or corporation engaged in the business of
selling used motor vehicles, other than gas stations, or motor vehicle
junk dealer shall pay a license fee of $500.
[1971 Code § 61-1]
No person(s) shall engage in the business of keeping a junk
shop or junkyard in the Township for the purpose of buying or selling,
exchanging or storing old rags, metals, bottles, glassware, tinware,
papers or any other material commonly called junk, provided, however,
that this section shall not prohibit the storage of, buying or selling
of secondhand automobiles or parts thereof.
[1971 Code § 61-4]
The make, model, engine number and serial number of all motor
vehicles received by any person(s), firm or corporation engaged in
the business of motor vehicle junk dealer shall be reported within
24 hours after the receipt thereof and before the same are dismantled
or otherwise disposed of, to the Township Clerk.
[Ord. No. 1971 §§ 61-6,
61-7, 61-10, 61-11]
A.
Restriction on storing vehicle in open. It shall be unlawful for
any motor vehicle junk dealer to permit any vehicle received on any
premises in the Township to be or remain in the open in such a manner
that rainwater shall collect and remain in any of the parts thereof
for a longer period than 24 hours.
B.
Storage distance from street lines. It shall be unlawful to stack,
pile or place any part(s) of motor vehicles closer than 20 feet to
the street line of the street adjacent to or in front of the premises
and all parts of motor vehicles shall be so piled, stacked, or placed
on the premises as to prevent injury to persons lawfully passing along
the street in front of the premises in the event that the piles, stacks
or parts otherwise placed should fall or become dislodged.
C.
Storage distance from side line. All parts of motor vehicles shall
be so piled, stacked or otherwise placed a sufficient distance from
the side line of the premises as to prevent the same from falling
upon or doing injury to the adjoining premises or persons lawfully
using the same, or other effective means provided to prevent such
in jury.
D.
Certain automobile parts to be housed in certain structures. All
parts of any motor vehicles so designed as to collect and hold rainwater
if left exposed in the open shall be housed in a watertight building
with a foundation and floor so constructed of concrete, brick or other
suitable material as to prevent the harboring therein of any rats,
mice or vermin.
Any gasoline, fuel, and other explosive material shall be drained
and removed from any motor vehicle in accordance with Department of
Environmental Protection (D.E.P.) regulations.
Materials stored within a vehicle wrecking yard, junkyard or
waste material handling plant shall not be located as to seriously
expose adjoining of adjacent properties to any hazard of fire or explosion
as per N.J.A.C. 5:18-3.19(a)2.
[1971 Code § 61-9]
It shall be unlawful to stack, pile or place parts of motor
vehicles upon the premises in such a manner as to create a fire hazard
or to create a place for the harboring or breeding of rats, mice or
vermin.
[1971 Code § 61-14]
The Township Health Officer or his representative, and the Township
Police Officers, are hereby authorized and directed, during reasonable
business hours, to make reasonably periodic and effective inspection
of all of the premises and buildings for the purpose of ascertaining
that the business is being conducted on the licensed premises in accordance
with the provisions hereof.
[Ord. No. 11-6-86 § 48-1]
As used in this section:
The renting, leasing, maintaining, keeping, operating, conducting
or providing of overnight or temporary sleeping accommodations for
a consideration to tourists, transients or travelers in tourist accommodations,
whether meals are served on the premises or not.
Any separate room, suite, cabin or quarters, whether or not
physically attached or connected to any building or structure used
for tourist accommodations.
A group of buildings more commonly known as motels, hotels,
tourist courts, tourist lodges, tourist cabins, motor lodges, motor
courts, auto courts.
[Ord. No. 11-6-86 § 48-2]
No person shall engage in the business of conducting tourist
accommodations without first having applied for and obtained a license
from the Township Council.
[Ord. No. 11-6-86 § 48-3]
In addition to licensing information generally required by Township
ordinances, the following information is required:
A.
A description of the buildings, structures and accommodations upon
the lands or those proposed to be erected thereon, including a statement
of the number of housing or lodging units either erected or proposed,
together with the maximum number of persons who can be accommodated
at any given time, a description of the type of construction and whether
or not the same are or will be fireproof, a description of the size
of the automobile off-street parking areas.
B.
In the case of corporate applicants the name and addresses of all
stockholders holding 10% or more of any stock and the names and addresses
of all members of the Board of directors and all officers of the corporation.
C.
On all newly proposed buildings or structures a sketch of the premises
showing all buildings and structures, their size and location, proposed
off-street parking areas and proposed signs should accompany the application.
[Ord. No. 11-6-86 § 48-4; Ord. No. 11-10]
The Township Clerk shall forward the application to the Health
Officer of the Department of Health and the Building Inspector who
shall inspect the premises to determine whether or not they comply
with respective Township ordinances and regulations. If the premises
do not comply, the officers shall attach to the application a written
list of recommendations and return the same to the Township Clerk
who shall in turn return the application along with the recommendations
to the applicant.
When new construction for tourist accommodations are planned,
the Health Officer, Building Inspector, and Construction Official
shall review the plans to be sure the applicant complies with all
Township ordinances or regulations and if they do not comply, their
recommendations shall be attached to the application and returned
to the Township Clerk who shall in turn return the application along
with the recommendations to the applicant.
[Ord. No. 11-6-86 § 48-5]
The annual fee for a license shall be $10 per lodging unit.
[Ord. No. 11-6-86 § 48-6]
Applications made for transfer of an existing license to another
person shall set forth the same matters and things as are required
by this subsection to be set forth in connection with an original
application for a license. The Township Council with the consent of
the licensee and upon payment of a fee of 20% of the annual license
fee for the license sought to be transferred, may transfer to such
applicant any license issued under the terms of this section. The
20% shall be retained by the Township whether transfer is granted
or not.
[Ord. No. 11-6-86 § 48-7]
A.
Each licensee shall at all times maintain and preserve on the licensed
premises a card register which shall be available at any hour of the
day or night to any law enforcement officer. All card registers shall
be maintained on the licensed premises for a period of not less than
six years.
B.
No person shall occupy and no licensee shall permit any person to
occupy a lodging unit on the licensed premises unless the person renting
such lodging unit writes in the card register in ink in his own handwriting
his full and true name and address and relationship, if any, to the
registrant of every other person who is to occupy such lodging unit;
the make, year and state license or registration number of the motor
vehicle then being used by the registrant.
C.
The licenses shall cause to be written on the register card in ink
the number of the lodging unit assigned to each registrant, the date
and hour of registration, the signature of the person taking or accepting
the registration and the date when the occupancy of each lodging unit
quits and surrenders the same.
[Ord. No. 11-6-86 § 48-8]
Off-street parking areas shall be provided on the premises for
all vehicles belonging to the occupants of the tourist accommodations.
[Ord. No. 11-6-86 § 48-9]
The Police Department may inspect the licensed premises at any
hour of the day or night to determine that the provisions of this
section are being complied with.
[Ord. No. 03-22 § 1]
A.
Purpose. It is the purpose of this subsection to implement the provisions of P.L. 2003, c. 114, which authorizes the governing body of a municipality to adopt an ordinance imposing a tax at a uniform percentage rate not to exceed 1% on charges of rent for every occupancy on or after July 1, 2003, but before July 1, 2004, and not to exceed 3% on charges of rent for every occupancy on or after July 1, 2004, of a room or rooms in a hotel subject to taxation pursuant to Subsection (d) of Section 3 of P.L. 1966, c. 40 (N.J.S.A. 54:32B-3) which shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the occupancy of a hotel room.
B.
There is hereby established a Hotel and Motel Room Occupancy Tax in the Township of Rockaway which shall be fixed at a uniform percentage rate of 1% on charges of rent for every occupancy of a hotel or motel room in the Township of Rockaway on or after July 1, 2003, but before July 1, 2004, and 3% on charges of rent for every occupancy of a hotel or motel room in the Township of Rockaway on or after July 1, 2004, of a room or rooms in a hotel subject to taxation pursuant to Subsection (d) of Section 3 of P.L. 1966, c. 40, N.J.S.A. 54:32B-3 (sales tax).
C.
The Hotel and Motel Room Occupancy Tax shall be in addition to any
other tax or fee imposed pursuant to statute or local ordinance or
resolution by any governmental entity upon the occupancy of a hotel
room.
D.
The Hotel and Motel Room Occupancy Tax authorized herein shall not be imposed on the rent for an occupancy if the purchaser, user or consumer is an entity exempt from the tax imposed on an occupancy under the "Sales and Use Tax Act" pursuant to Subsection (a) of Section 9 of P.L. 1966, c. 30 (C. 54:32B-9).
E.
In accordance with the requirements of P.L. 2003, c. 114:
(1)
All taxes imposed by this chapter shall be paid by the purchaser.
(2)
A vendor shall not assume or absorb any tax imposed by this subsection.
(3)
A vendor shall not in any manner advertise or hold out to any person
or to the public in general, in any manner, directly or indirectly,
that the tax will be assumed or absorbed by the vendor, that the tax
will not be separately charged and stated to the customer, or that
the tax will be refunded to the customer.
(4)
Each assumption or absorption by a vendor of the tax shall be deemed
a separate offense and each representation or advertisement by a vendor
for each day that the representation or advertisement continues shall
be deemed a separate offense.
(5)
The penalty for violation of the foregoing provisions shall be $100
for each offense.
F.
The tax imposed by this chapter shall be collected on behalf of the
Township by the person collecting the rent from the hotel or motel
customer. Each person required to collect the tax herein imposed shall
be personally liable for the tax imposed, collected or required to
be collected hereunder. Any such person shall have the same right
in respect to collecting the tax from a customer as if the tax were
a part of the rent and payable at the same time; provided that the
Chief Financial Officer of the Township shall be joined as a party
in any action or proceeding brought to collect the tax.
[1]
Note: Prior ordinance history includes portions of Ordinance
No. 09-9.
[Ord. No. O-13-15]
As used in this section:
A person to whom a taxicab license has been issued.
Any person who holds legal title to any taxicab, any conditional
vendee or lessee, or any other person having an interest in a taxicab
which shall entitle him to the immediate possession thereof.
In the case of an individual, the person to whom the taxicab
license is issued and who drives the taxicab exclusively, or in the
case of a corporation, the person who holds a minimum of 75% of the
voting shares or interest in the corporation and to whom a minimum
of 75% of the net profit or loss is attributable.
Shall mean and include any individual, partnership, company,
association, corporation or joint stock company, their lessees, trustees
or receivers appointed by any court whatsoever.
The place or places of business of a taxicab service or the
location or locations where taxicabs are parked when not in operation
or from which taxicab dispatching operations are conducted or to which
taxicab drivers report for duty.
Shall mean and include any street, avenue, park, parkway,
highway or other public place which is used for vehicular travel.
A motor vehicle commonly called "taxi" which is:
Constructed so as to comfortably seat not fewer than four passengers
exclusive of the driver; and
Engaged in the business of carrying passengers for hire; and
Held out, announced or advertised to operate on and over the
public streets of the Township of Rockaway; and
Accepts persons who may offer themselves for transportation
from a place within the Township of Rockaway; and
Not operated over a fixed route; and
Not more than 42 months of age according to the model year within
the vehicle identification number at the time it first becomes engaged
in the taxicab business within the Township of Rockaway. Taxicabs
shall be removed from service prior to the final inspection of each
calendar year.
The permission granted in accordance with the provisions
of this section which authorizes a person to drive upon the streets
of the Township of Rockaway a licensed taxicab owned and/or operated
by the holder of a taxicab license. The term "driver's license" shall
not be construed to mean a driver's license issued by the State of
New Jersey Motor Vehicle Commission.
The permission granted in accordance with the provisions
of this section to conduct a taxicab operation upon the streets of
the Township of Rockaway by the use of vehicles which have been issued
taxicab vehicle licenses and which are driven by persons who have
been issued taxicab driver's licenses by the Township.
Conducting a taxi service in the Township of Rockaway which
shall include receiving passengers in the Township of Rockaway and
regularly discharging passengers, whose ride(s) may originate in other
jurisdictions, in the Township of Rockaway.
Any person who owns, directs, conducts or is in charge of
any taxicab business or of any taxicab either as an owner, manager,
driver or otherwise.
The permission granted in accordance with this section to
the holder of a taxicab license to conduct a taxicab operation on
the streets of the Township of Rockaway by use of the vehicle so licensed
as long as such vehicle is being driven by a person who is authorized
to operate such vehicle by the Township.
The Township of Rockaway.
To sell, transfer or in any other manner dispose of a taxicab
license. Where the license is in the name of a corporation or other
legal entity, any change in the majority ownership of the corporation
or other legal entity shall constitute a transfer of the taxicab license
held in the name of the corporation or other legal entity.
[Ord. No. O-13-15]
A.
Taxicab license required.
(1)
No person shall conduct or cause to be conducted any taxicab operation
upon the streets of the Township of Rockaway without first having
obtained the taxicab licenses required by this section.
(2)
In the case where a taxicab and its operator(s) are licensed to operate
taxicabs by other municipalities or other governmental entities within
the State of New Jersey or elsewhere, it shall be unlawful and/or
a violation of this section for taxicabs to receive passengers in
the Township of Rockaway or to regularly discharge passengers in the
Township of Rockaway irrespective of the passenger's point of origin
without first having obtained a taxicab operator's license from the
Township Clerk.
B.
Types of taxicab licenses. There are hereby established three classes of taxicab licenses: a taxicab license, a taxicab vehicle license, and a taxicab driver's license. (See Subsection 5-8.1.)
C.
Application for taxicab license; content; renewal.
(1)
No taxicab license shall be issued for any taxicab service or operation
until the owner files an application for a taxicab license setting
forth the character of the vehicles proposed to be used in the taxicab
operation (including VIN numbers) and for which licenses are being
sought, the correct name of the owner and all majority shareholders
thereof, identification of all other business interests of the owner
and all majority shareholders thereof, the residence and address of
the principal place of business of such owner, a statement confirming
the applicant's United States citizenship, a statement as to whether
the applicant has been convicted of a crime, misdemeanor or violation
of any municipal ordinance, the nature of the offense and the punishment
or penalty assessed and a complete schedule of the rates proposed
to be charged and such other facts as the Township Council may require.
The application for license shall be made in duplicate to the Township
Clerk on forms provided by the municipality.
(2)
All applicants must complete and sign Form SBI-212B, Request for
Criminal History Record Information for a Noncriminal Justice Purpose,
for a criminal history name search identification check pursuant to
N.J.S.A. 53:1-20.5 et seq. In addition, the applicant must submit
a cashier's check, certified check or money order drawn on a United
States bank in the amount required by the State of New Jersey approved
fingerprinting agency for the criminal history name search. If the
applicant is a corporation, then this requirement shall apply to the
officers of the corporation. The fully executed form and the applicant's
check or money order must be submitted along with the application
for a taxicab license.
(3)
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. 48:16-3b
before a license will be issued.
(4)
Where a taxicab license has previously been issued, the approval
of the Township shall not be required as a condition for issuance
of additional vehicle licenses.
(5)
Proof that each and every vehicle has been inspected when due by
a state-authorized inspection facility and that each and every vehicle
has passed all required inspections shall be required.
(6)
Submission of a copy of an insurance policy pursuant to N.J.S.A.
48:16-3 or, if the operator operates more than one taxicab, submission
of a bond or insurance policy pursuant to N.J.S.A. 48:16-4 or an order
pursuant to N.J.S.A. 48:16-8, shall be required.
(7)
Submission of a copy of a power of attorney pursuant to N.J.S.A.
48:16-5 shall be required.
(8)
For taxicab license applicants whose principal place of business
is within Rockaway Township, Zoning Officer approval confirming compliance
with zoning ordinances is required.
(9)
The annual application for renewal of taxicab licenses shall be filed
not later than 30 days prior to the expiration date.
(10)
Changes in application or submission information shall be provided
to the Township Clerk within 72 hours of said change.
(11)
Proof of compliance with all other statutes, rules, regulations,
and ordinances, as same may apply, shall be required.
D.
Investigation of application; consideration.
(1)
After the application identified in Subsection 5-8.2C is properly filled out and signed by the applicant, the original and duplicate thereof shall be filed with the Township Clerk. The Clerk shall refer the duplicate and the criminal history name search fee to the Chief of Police, who shall make, or cause to be made, such investigation of the applicant's business responsibility and moral character as he deems necessary for the protection of the public good. The duplicate shall be kept on file in the Police Department upon completion of the investigation. 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 Rockaway Township 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 Township Clerk. Such recommendation
shall be returned to the Township 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 one or more of the
following findings with respect to the applicant:
[a]
Any criminal history disqualifications as outlined
in the Statutes of New Jersey.
[b]
Unethical business practices adverse to the operation
of a taxicab or limousine.
[c]
Conclusive evidence that the applicant has within
four months of the application been addicted to the habitual use of
drugs or intoxicating liquors. Pursuant to N.J.S.A. 48:16-22.3b, the
owner is responsible for testing their drivers for any controlled
dangerous substance and for keeping the records of such.
E.
Insurance requirements.
(1)
The owner of the taxicab vehicle shall file with the Township Clerk
an insurance policy which shall be issued by an admitted insurance
company duly licensed to transact business under the insurance laws
of this state or a company registered to do business in this state,
the policy providing for not less than $35,000 of motor vehicle liability
insurance coverage or the amount of motor vehicle liability insurance
coverage required pursuant to Section 1 of P.L. 1972, c. 197, whichever
is greater, 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, an accident by reason of the ownership, operation,
maintenance, or use of such taxicab upon any public street and to
satisfy any claim for damages to property of any person or persons
resulting from or on account of an accident by reason of the ownership,
operation, maintenance or use of such taxi upon any public street.
The applicant shall have complied with the provisions of N.J.S.A.
48:16-1 to 48:16-12, and the acts amendatory thereof or supplemental
thereto.
(2)
The statutory insurance policy issued for the term of the license
shall be delivered to the Township Clerk with every application for
or renewal of a taxicab license. Before issuance of a taxicab license
or renewal thereof, the insurance policy submitted with any application
shall first be approved as to form by the Township Attorney. No ACORD
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 is required to be submitted with each application
for a license and/or renewal thereof. The Township of Rockaway shall
be included as an additional insured on the insurance policy, and
the policy shall contain an endorsement requiring the insurance carrier
to provide written notice to the Township of any changes made to the
policy at any time and with 30 days' advance notice of any proposed
cancellation/termination of the policy.
(3)
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.
(4)
In the event of the expiration, cancellation, or other termination
of the statutorily required insurance, any and all taxicab licenses
or taxicab driver's licenses having been issued by the Township of
Rockaway shall terminate immediately and automatically upon the effective
date of the expiration, cancellation or other termination of such
insurance or upon the Township's notice thereof, whichever comes first.
(5)
If within two business days of the termination of any such licenses the holder of a taxicab license issued by the Township provides the Township Clerk with notice in writing from the insurance company of record with the Township that the insurance coverage has been reinstated or with notice consistent with Subsection 5-8.2E(1), (2), (3) and (4) of this section that a new policy of insurance has been purchased, the Township Clerk may, with the approval of the Township Attorney, reinstate the terminated licenses for the remainder of the licensing period.
(6)
This section shall not abrogate or relieve a license holder from
any duty or requirement of the insurance laws or the motor vehicle
financial responsibility laws of this state.
F.
Taxicab license application fee. No taxicab license application shall
be considered unless the applicant has paid the annual fee of $50
per vehicle which shall be submitted to the Township Clerk with the
application. The fee for a duplicate license is $25. If, after review
of the application, the Township Clerk deems the application not in
compliance, the application fee is nonrefundable. If the applicant
desires to submit a revised application, a $50 fee must be submitted
with the revised application.
G.
Taxicab license; issuance; denial.
(1)
If, after review of an application and after receipt of a recommendation
from the Chief of Police, the Township 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
Township Clerk shall issue a taxicab license stating the name(s) and
address(es) of the holder, taxicab operator, and/or owner, the date
of the issuance of the taxicab license and the record owner, year,
type and model of each and every vehicle which the holder is licensed
to operate as a taxicab in the Township of Rockaway;
(2)
If, after review of an application and after the receipt of a recommendation
from of the Chief of Police, the Township 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 issue.
H.
Taxicab license contents and requirements.
(1)
Taxicab 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 taxicab owner.
(c)
The make, model, year, New Jersey motor vehicle registration
number, and vehicle identification number of the vehicle.
(d)
The insurance company name, policy number, the effective date,
and the date of expiration.
(e)
The maximum number of passengers permitted in the vehicle.
(f)
The Corpcode issued by the State of New Jersey.
(2)
The Township Clerk shall keep a register of all taxicab licenses
granted, which register shall contain the details required by this
subsection.
(3)
The taxicab license shall be clearly displayed within the vehicle
at all times.
(4)
The Township Council 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 Township. A certified copy of any such resolution
shall be forwarded to all licensees within 10 days following the final
passage of such resolution.
I.
Taxicab license duration, revocation and reinstatement.
(1)
Duration. Taxicab vehicle licenses shall expire annually on March
31 of every year.
(2)
Revocation. A taxicab license shall be revoked by the Township Clerk
under any of the following circumstances:
(b)
Upon failure of the state inspection of any vehicle operating
under such license.
(c)
Upon violation of or nonconformance with any of the requirements
of this section.
(d)
In addition, a taxicab license may be revoked by the Township
Clerk upon violation of or nonconformance with the requirements of
this section or with other applicable law.
(3)
Notice of a revocation of a taxicab license shall be provided in
writing via regular mail, or via facsimile, or e-mail of record, to
the licensee's principal place of business. However, direct oral communication
by the Township 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 terminate the taxicab licensee's operation within the Township
before the written notice aforesaid is transmitted by the Township.
(4)
Reinstatement. Subject to the time provisions set forth in Subsection 5-8.2E(4), a taxicab license may be reinstated by the Township Clerk upon submission of proof of insurance pursuant to Subsection 5-8.2E; upon submission of proof of passing the state inspection requirements; and upon submission of proof of compliance with all the requirements of this section. The fee for reinstatement of a taxicab license shall be the same as the fee for the initial application for a taxicab license.
J.
Transfer of taxicab license. No taxicab license may be transferred.
K.
Taxicab holder's responsibility for operation. Every holder of a
taxicab license shall be responsible for the operation of each vehicle
for which the holder's taxicab license has been granted, regardless
of the legal relationship between such holder and the driver of one
of the holder's vehicles.
[Ord. No. O-13-15]
A.
Issuance. There shall not be a separate taxicab license issued for each taxicab utilized in a taxicab operation. Permission to operate a vehicle as a taxicab in accordance with the provisions of this section shall be authorized by the Township Clerk's inclusion of a vehicle on the taxicab license in accordance with Subsection 5-8.2H(1)(c),(d) and (e).
B.
Vehicle inspection. Every taxicab must be inspected, and proof must
be displayed that the vehicle was inspected when due by a state-authorized
inspection facility and that the vehicle has passed all required inspections.
C.
Vehicle kept in clean and sanitary condition. 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 Township of Rockaway.
D.
Taxicab identification; unlicensed vehicles.
(1)
Each taxicab shall bear on the outside of each rear door in painted
letters not less than three inches nor more than four inches in height,
in contrasting colors, the name of the owner, association of which
the owner is a member, or registered trade name by which the owner
conducts his/her business, and, in addition, may bear an identifying
design. The assigned number of each taxicab shall appear above the
name on each side and in the rear in numerals not less than two inches
in height and in clear view.
(2)
It shall be unlawful and a violation of this section for any person
to operate any vehicle not licensed under this section in such a manner
as to be misleading or tend to deceive or defraud the public into
believing the vehicle is a taxicab or is being operated as a taxicab.
(3)
No taxicab covered by the terms of this section shall be licensed
if the color scheme or the name, monogram, or insignia to be used
thereon shall conflict with or imitate any color scheme, monogram,
name, or insignia used by any other person, firm, or corporation operating
a taxicab or taxicabs in the municipality in such a manner as to be
misleading or tending to deceive or defraud the public.
(4)
If after a license has been issued for a taxicab hereunder, the color
scheme, name, monogram, or insignia used by any other person, firm,
or corporation operating a taxicab or taxicabs in the municipality
in such manner as to be misleading or tending to deceive and defraud
the public, the license for such taxicab or taxicabs may be revoked
the Township.
[Ord. No. O-13-15]
A.
Taxicab driver's license required.
(1)
No person shall drive a taxicab for hire upon the streets of the
Township of Rockaway, and no person who owns or controls a taxicab
shall permit it to be so driven, and no taxicab licensed by the Township
shall be so driven at any time for hire, unless the driver of the
taxicab shall have first obtained and shall have then in force a taxicab
driver's license issued in accordance with the provisions of this
section.
(2)
No taxicab driver's license shall be issued to any person unless
such person shall be a holder of a taxicab license or be the servant,
employee, or agent of such holder.
B.
Taxicab driver's license application fee. No taxicab driver's license
application shall be considered unless the applicant has paid the
annual driver's license fee of $50, which shall be submitted to the
Township Clerk with the application. The fee for a duplicate driver's
license is $25. If, after review of the application, the Township
Clerk deems the application not in compliance, the application fee
is nonrefundable. If the applicant desires to submit a revised application,
a $50 fee must be submitted with the revised application.
C.
Minimum qualifications. No taxicab driver's license shall be issued
or renewed unless the applicant complies with the following:
(1)
Furnish satisfactory evidence that he/she is the holder, for at least
one year prior to the date of application, of a valid automobile driver's
license issued by the State of New Jersey Motor Vehicle Commission.
(2)
Is at least 21 years of age.
(3)
Has been a resident of the State of New Jersey for one year or more.
(4)
Is able to read, write and speak the English language.
(5)
Is a citizen or legal alien of the United States.
(6)
Furnishes proof to the Township that he/she has adequately provided
for the safety of children under the age of five years who may be
passengers in a taxicab owned or operated by him/her.
D.
Application for taxicab driver's license; contents; accompanying
items. Prior to submitting an application, applicants shall fully
complete Form D (available at the New Jersey State Police Internet
website, www.njsp.org, or the Police Department) and follow the instructions
for obtaining a criminal history background check, which includes
making an appointment to be fingerprinted by the state contract vendor.
Applicants who fail to obtain a criminal history background check
or otherwise refuse to consent to or cooperate in securing a criminal
history check shall not be considered for a license. If the applicant
is a corporation, then this requirement shall apply to the officers
of the corporation.
(1)
An application for a taxicab driver's license shall be filed with
the Township Clerk upon forms provided by the Township. The application
shall contain the following information:
(a)
Name and address of the applicant.
(b)
Places of residence for the preceding five years.
(c)
Age, height, color of eyes and color of hair.
(d)
Business and home telephone numbers.
(e)
Social security number.
(f)
Employer's name and business address.
(g)
Whether the applicant has ever been convicted of a crime, disorderly
persons offense or petty disorderly offense or of a felony, a high
misdemeanor, or misdemeanor, or of a prior violation of a taxicab
ordinance, including but not limited to crimes, disorderly person,
petty disorderly person, felonies, high misdemeanors, misdemeanors,
or violations which occurred either in or outside of New Jersey.
(h)
Whether a driver's license, issued by any state, or a taxicab
vehicle operator's license issued to him/her, has been suspended or
revoked, and for what cause.
(2)
The application shall be accompanied by two passport-type photographs
of the applicant taken within 30 days of the application, front view,
size two inches by two inches.
(3)
Each application must be accompanied by a certification or certificate
from a licensed and practicing physician of the State of New Jersey,
certifying that the applicant has been examined on a certain date,
within 60 days prior to the filing of the application, and that, in
his/her opinion, the applicant is of sound physical condition, with
good eyesight, not subject to epilepsy, vertigo, heart trouble, or
any other infirmity of body or mind which might make him unfit for
the safe operation of a taxicab.
(4)
A copy of the operator's qualification certification issued by the
State of New Jersey approved fingerprinting agency.
(5)
A copy of a State of New Jersey driver's abstract issued by New Jersey
Motor Vehicle Commission having an issuance date of no longer than
seven days prior to the submission of the proposed vehicle operator's
application to the Township.
(7)
Changes in any application or submission information shall be provided
to the Township Clerk within 72 hours of said change.
E.
Investigation of application; consideration.
(1)
Upon the filing of an application for a taxicab driver's license, the Township Clerk shall refer the same to the Chief of Police, who shall conduct or cause to be conducted an investigation of each applicant for a taxicab driver's license. Said investigation shall be conducted in accordance with the considerations set forth in Subsection 5-8.2C(1) hereof and shall include but not be limited to police review of the applicant's criminal record, business record, and driving record.
(2)
Any applicant who has been convicted of operating a motor vehicle
while under the influence of drugs or alcohol or reckless driving
within 10 years preceding the date of the application or has more
than six motor vehicle points or whose license is suspended or revoked
on or after the date of the application shall not be issued a taxicab
driver's license.
(3)
Further, if an applicant's motor vehicle abstract reveals a history
of multiple violations, the Township may refuse to issue such an applicant
a taxicab driver's license.
F.
Issuance of taxicab driver's license; contents.
(1)
Taxicab driver's 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 vehicle operator; a current and
clear picture of the vehicle operator with a description of the operator,
including age, height, hair color and eye color.
(c)
The name, address and telephone number of the driver's employer.
(2)
The Township Clerk shall keep a register of all taxicab driver's
licenses issued, which register shall contain the details required
by this subsection.
(3)
The taxicab driver's license shall be clearly displayed within the
vehicle at all times.
G.
Taxicab driver's license duration, revocation and reinstatement.
(1)
Duration. Taxicab driver's licenses shall expire annually on March
31 of every year.
(2)
Revocation. A taxicab driver's license shall be revoked by the Township
Clerk under any of the following circumstances:
(a)
Upon the taxicab driver's conviction of operating a motor vehicle
while under the influence of drugs or alcohol or reckless driving.
(b)
Upon the taxicab driver's obtaining more than six motor vehicle
points on his/her driving record.
(c)
Upon revocation of said the taxicab driver's New Jersey driving
privileges by the New Jersey Department of Motor Vehicles.
(d)
Upon revocation of said operator's driving privilege in any
state having motor vehicle law reciprocity with New Jersey vis-a-vis
the Interstate Compact codified in N.J.S.A. 39:5D-1 et seq.
(e)
Upon violation of or noncompliance with any of the requirements
of this section.
(3)
Notice of a revocation of a taxicab driver's license shall be provided
in writing via regular mail, or via facsimile or e-mail of record
of the taxicab driver or of the taxicab driver's employer. However,
direct oral communication by the Township Clerk or the Clerk's designee
to the to the taxicab driver or to the taxicab driver's employer shall
be sufficient notice to terminate the taxicab driver's operation of
a taxicab within the Township before the written notice aforesaid
is transmitted by the Township.
(4)
Reinstatement. A taxicab driver's license may be reinstated by the
Township Clerk upon the driver's compliance with all of the requirements
of this section.
(5)
Reinstatement fee. The fee for reinstatement of a taxicab driver's
license shall be the same as the application fee for the initial taxicab
driver's license.
H.
Recordkeeping; inspection of records.
(1)
The holder of a taxicab license and/or a taxicab driver's license
shall keep a daily record upon which all trips shall be recorded.
The daily record shall show the taxicab license number of the driver,
specific hours of duty, time and place of origin and destination of
each trip and the amount of fare received for each trip. All such
records shall be retained for one year.
(2)
All records provided for in this section shall be open to inspection
by the Township of Rockaway Police Department.
[Ord. No. O-13-15]
A.
CRUISING
DRIVER
HOLDER
LIMOUSINE
LIMOUSINE DRIVER'S LICENSE
LIMOUSINE LICENSE
LIMOUSINE OPERATIONS
LIMOUSINE/LIVERY SERVICE
OPERATOR
OWNER
PERSON
PRINCIPAL PLACE OF BUSINESS
STREET
TOWNSHIP
TRANSFER
Definitions. As used in this section:
The driving of a limousine on the streets or public places
of the Township in search of or soliciting prospective passengers
for hire.
Any person who drives a limousine on the streets of Rockaway
Township.
A person to whom a limousine owner's license has been issued.
Any motor vehicle, which is not a taxi or a bus, used in
the business of carrying passengers for hire to provide prearranged
passenger transportation at a premium fare on a dedicated charter
basis that is not conducted or scheduled on a regular route and with
a seating capacity of no more than 14 passengers, not including the
driver, beyond the maximum passenger seating capacity of the vehicle,
not including the driver, at the time of manufacture (other than a
motor vehicle used in the conduct of a funeral).
The permission granted any person in accordance with the
provisions of this section to drive a limousine upon the streets of
the Township of Rockaway as long as the limousine's owner/operator
is the holder of a valid limousine license. The term "driver's license"
shall not be construed to mean a driver's license issued by the State
of New Jersey Motor Vehicle Commission.
The permission granted any person in accordance with the
provisions of this section to conduct limousine operations upon the
streets of the Township of Rockaway.
Conducting a limousine service on the streets of the Township
of Rockaway when the limousine service has its principal place of
business located in the Township of Rockaway, has a business address
in the Township of Rockaway, conducts intramunicipality pickup and
dropoff limousine service within the Township of Rockaway, or picks
up or delivers passengers in the Township of Rockaway.
Shall mean and include the business of carrying prearranged
fares from point A to point B for hire by limousine.
Any person who owns, directs, conducts, or is in charge of
any limousine business or of any limousine, either as an owner, manager,
dispatcher, driver or otherwise.
Any person who holds legal title to any limousine, any conditional
vendee or lessee, or any other person having an interest in a limousine
which shall entitle him to the immediate possession thereof.
Shall mean and include any individual, co-partnership, association,
corporation or joint stock company, their lessees, trustees or receivers
appointed by any court whatsoever.
The location of the main place of business of the limousine
service from which limousines services are conducted and dispatched
and where operators report for duty.
Shall mean and include any street, avenue, park, parkway,
highway or other public place.
The Township of Rockaway.
To sell, transfer or in any other manner dispose of a taxicab
license. Where the license is in the name of a corporation or other
legal entity, any change in the majority ownership of the corporation
or other legal entity shall constitute a transfer of the taxicab license
held in the name of the corporation or other legal entity.
B.
Limousines to be operated in compliance with law.
(1)
No person shall conduct a limousine operation on the streets of the
Township of Rockaway unless all aspects of such operation are in compliance
with the provisions of this section and with the provisions of state
law governing the operation of limousines (N.J.S.A. 48:16-13 to N.J.S.A.
48:16-22).
(2)
No person shall conduct limousine operations on the streets of the
Township of Rockaway without first obtaining a license in accordance
with the provisions of this section. All limousine licenses shall
expire March 31 of the year after the license was issued, unless sooner
suspended or revoked by the Township Clerk.
(3)
No person shall drive a limousine on the streets of the Township
of Rockaway unless such person shall have first obtained a limousine
driver's license issued for such purpose in accordance with the provisions
of this section.
C.
Types of limousine licenses. There are hereby established two classes
of limousine licenses, to be known as a "limousine license" and a
"limousine driver's license."
[Ord. No. O-13-15]
A.
Limousine license classification.
(1)
Principal place of business in Rockaway Township. Whenever the owner
of a limousine has its principal place of business located within
the Township of Rockaway, said owner shall annually file for a license
for each such owned limousine to be issued by the Township in accordance
with N.J.S.A. 48:16-17. The Township of Rockaway shall issue such
license upon the owner's satisfaction of all of the requirements set
forth in this section.
(2)
Foreign limousine registration with a business address in Rockaway
Township. Whenever the owner of a limousine maintains a business address
in the Township of Rockaway, owns a limousine that is registered in
another state or in the District of Columbia, and has satisfied all
of the requirements set forth in this section and desires to obtain
a license for each such limousine from the Township of Rockaway, said
owner shall annually file for a license for each such owned limousine
to be issued in duplicate by the Township in accordance with N.J.S.A.
48:16-22.4a. The Township of Rockaway shall issue such license upon
the owner's satisfaction of all of the requirements set forth in this
section.
(3)
Intramunicipal service. Whenever a limousine service provides intramunicipal
service on a point-to-point basis within the Township of Rockaway,
the owner of the limousine or limousine service shall annually file
for a license for each limousine providing said service, to be issued
by this Township as permitted by N.J.S.A. 48:16-18.1. The Township
of Rockaway shall issue such license upon the owner's satisfaction
of all of the requirements set forth in this section.
B.
Fees.
(1)
Licensing fee. A separate license application shall be filed and
a separate license fee shall be paid for each vehicle. The annual
owner's license fee per vehicle shall be $50.
(2)
Verification fee. The applicant shall annually pay to the Township
of Rockaway a nonrefundable, nontransferable fee for verification
of the accuracy of its license application information as follows:
(a)
Whenever the applicant represents that its principal place of
business is located within the Township of Rockaway, the Township
shall conduct its own investigation to confirm whether such a principal
place of business exists within the Township of Rockaway. The verification
fee for this investigation shall be $10 for each such limousine and
each such business address each license year.
(b)
Whenever the applicant represents that it maintains a business
address in the Township of Rockaway and owns a limousine that is registered
in another state or the District of Columbia, the Township shall conduct
its own investigation to confirm both the Rockaway business address
and the validity of the foreign registration of each limousine. The
verification fee shall be $10 for each such limousine and each such
business address each license year.
(c)
Whenever the applicant seeks an intramunicipal license for the
Township of Rockaway and represents that its principal place of business
is located in another New Jersey municipality, there shall be no verification
fee required, provided that the applicant presents a valid license
for each such limousine from the New Jersey municipality in which
the applicant's principal place of business is located.
C.
Application for limousine license.
(1)
No limousine license shall be issued for the use of any vehicle in
a limousine operation until the owner of the limousine operation files
an application for a limousine license setting forth the character
of the vehicles proposed (including VIN numbers) to be utilized in
the limousine operation, the correct name of the owner and all majority
shareholders thereof, identification of all other business interests
of the owner and all majority shareholders thereof, the residence
and address of the principal place of business of such owner, a statement
confirming the applicant's United States citizenship, a statement
as to whether the applicant has been convicted of a crime, misdemeanor
or violation of any municipal ordinance, the nature of the offense
and the punishment or penalty assessed and a complete schedule of
the rates proposed to be charged and such other facts as the Township
Council may require. The application for license shall be made in
duplicate to the Township Clerk on forms provided by the municipality.
(2)
All applicants must complete and sign Form SBI-212B, Request for
Criminal History Record Information for a Noncriminal Justice Purpose,
for a criminal history name search identification check pursuant to
N.J.S.A. 53:1-20.5 et seq. In addition, the applicant must submit
a cashier's check, certified check or money order drawn on a United
States bank in the amount required by the State of New Jersey approved
fingerprinting agency for the criminal history name search. If the
applicant is a corporation, then this requirement shall apply to the
officers of the corporation. The fully executed form and the applicant's
check or money order must be submitted along with the application
for a limousine license.
(3)
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.
(4)
Where a limousine license has previously been issued, the approval
of the Township Council shall not be required as a condition for issuance
of additional vehicle licenses.
(5)
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
shall be required.
(6)
Submission of a copy of an insurance policy pursuant to the provisions
of N.J.S.A. 48:16-4 shall be required.
(7)
Submission of a copy of a power of attorney pursuant to N.J.S.A.
48:16-5 shall be required.
(8)
For limousine license applicants whose principal place of business
is within Rockaway Township, Zoning Officer approval confirming compliance
with zoning ordinances is required.
(9)
The annual application for renewal of limousine licenses shall be
filed not later than 30 days prior to the expiration date.
(10)
Changes in application or submission information shall be provided
to the Township Clerk within 72 hours of said change.
(11)
Proof of compliance with all other statutes, rules, regulations,
and ordinances, as same may apply, shall be required.
D.
Investigation of applicant. After the application identified in Subsection 5-8.6B is properly filled out and signed by the applicant, the original and duplicate thereof shall be filed with the Township Clerk. The Clerk shall refer the duplicate and the criminal history name search fee to the Chief of Police, who shall make, or cause to be made, such investigation of the applicant's business responsibility and moral character as he deems necessary for the protection of the public good. The duplicate shall be kept on file in the Police Department upon completion of the investigation. 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 Rockaway Township Police Department is hereby authorized to have access to the criminal history record information file through the State Bureau of Investigation.
(1)
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 Township Clerk. Such recommendation
shall be returned to the Township Clerk within 20 days of the Police
Department's receipt of the duplicate application.
(a)
Any recommendation by the Chief of Police that a license should
not be issued to the applicant shall be based on one or more of the
following findings with respect to the applicant:
[1]
Any criminal history disqualifications as outlined in the Statutes
of New Jersey.
[2]
Unethical business practices adverse to the operation of a taxicab
or limousine.
[3]
Conclusive evidence that the applicant has within four months
of the application been addicted to the habitual use of drugs or intoxicating
liquors. Pursuant to N.J.S.A. 48:16-22.3b, the owner is responsible
for testing their drivers for any controlled dangerous substance and
for keeping the records of such.
E.
Insurance requirements.
(1)
No limousine operation shall be conducted on any street in the Township
of Rockaway unless such limousine operation is being undertaken in
compliance with the insurance provisions of N.J.S.A. 48:16-14.
(2)
The owner of the limousine operation shall file with the Township
Clerk an insurance policy which shall be issued by an admitted insurance
company duly licensed to transact business under the insurance laws
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, an accident by reason of the ownership,
operation, maintenance, or use of such limousine upon any public street.
(3)
The statutory insurance policy issued for the term of the license
shall be delivered to the Township Clerk with every application for
or renewal of a limousine license. Before issuance of a limousine
license or renewal thereof, the insurance policy submitted with any
application shall first be approved as to form by the Township Attorney.
The Township of Rockaway 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 Township of
any changes made to the policy at any time and with 30 days' advance
notice of any proposed cancellation/termination of the policy.
(4)
No ACORD 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, is required to be submitted with
each application for a license and/or renewal thereof.
(5)
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.
(6)
In the event of the expiration, cancellation, or other termination
of the statutorily required insurance, any and all limousine licenses
or limousine driver's licenses having been issued by the Township
of Rockaway shall terminate immediately and automatically upon the
effective date of the expiration, cancellation or other termination
of such insurance, or upon the Township's notice thereof, whichever
comes first.
(7)
If within two business days of the termination of any such licenses the holder provides the Township Clerk with notice in writing from the insurance company of record with the Township that the insurance coverage has been reinstated or with notice consistent with the provisions of Subsection 5-8.6E(1), (2), (3) and (4) that a new policy of insurance has been purchased, the Township Clerk may, with the approval of the Township Attorney, reinstate the terminated licenses for the remainder of the licensing period.
(8)
This section shall not abrogate or relieve a license holder from
any duty or requirement of the insurance laws or the motor vehicle
financial responsibility laws of this state.
F.
Limousine license approval.
(1)
If, after review of an application and after receipt of a recommendation
from the Chief of Police, the Township 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
Township 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 Township of Rockaway;
(2)
If, after review of an application and after the receipt of a recommendation
from of the Chief of Police, the Township 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 issue.
G.
Limousine license contents and requirements.
(1)
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 owner.
(c)
The make, model, year, New Jersey motor vehicle registration
number, and vehicle identification number of the vehicle.
(d)
The insurance company name, policy number, the effective date,
and the date of expiration.
(e)
The maximum number of passengers permitted in the vehicle.
(2)
The Township Clerk shall keep a register of all limousine licenses
granted, which register shall contain the details required by this
subsection.
(3)
The limousine license shall be clearly displayed within the vehicle
at all times.
(4)
The Township Council 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 Township. A certified copy of any such resolution
shall be forwarded to all licensees within 10 days following the final
passage of such resolution.
H.
Limousine license duration, revocation and reinstatement.
(1)
Duration. Limousine licenses shall expire annually on March 31 of
every year.
(2)
Revocation. A limousine license shall be revoked by the Township
Clerk under any of the following circumstances:
(b)
Upon failure of the state inspection of any vehicle operating
under such license.
(c)
Upon violation of or nonconformance with any of the requirements
of this section.
(d)
In addition, a limousine license may be revoked by the Township
Clerk upon violation of or nonconformance with the requirements of
this section or with other applicable law.
(3)
Notice of a revocation of a limousine license shall be provided in
writing via regular mail, or via facsimile or e-mail of record, to
the licensee's principal place of business. However, direct oral communication
by the Township 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 terminate the limousine licensee's operation within the
Township before the written notice aforesaid is transmitted by the
Township.
(4)
Reinstatement. Subject to the time provisions set forth in Subsection 5-8.6E(7), a limousine license may be reinstated by the Township Clerk upon the holder's submission of proof of insurance pursuant to Subsection 5-8.6E, upon submission of proof of passing the state inspection requirements, and upon submission of proof of compliance with all the requirements of this section.
(5)
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.
I.
Transfer of limousine license. No limousine license may be transferred.
J.
Vehicle kept in clean and sanitary condition. 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 Township of Rockaway.
K.
Limousine license holder's responsibility for operation. 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.
[Ord. No. O-13-15]
A.
Limousine driver's license application fee. No limousine driver's
license application shall be considered unless the applicant has paid
the annual fee of $50 to the Township Clerk with the application.
The fee for a duplicate driver's license is $25. If, after review
of the application, the Township Clerk deems the application not in
compliance, the fee is nonrefundable. If the applicant desires to
submit a revised application, a $50 fee must accompany said revised
application.
B.
Minimum qualifications. No limousine operator's license shall be
issued or renewed unless the applicant complies with the following:
(1)
Furnishes satisfactory evidence that he/she is the holder, for at
least one year prior to the date of application, a valid automobile
driver's license issued by the State of New Jersey Motor Vehicle Commission;
(2)
Is at least 21 years of age;
(3)
Has been a resident of the State of New Jersey for one year or more;
(4)
Is able to read, write and speak the English language;
(5)
Is a citizen or legal alien of the United States;
(6)
Furnishes proof to the Township that he/she has adequately provided
for the safety of children under the age of five years who may be
passengers in a limousine owned or operated by him/her.
C.
Application for limousine driver's license; contents; accompanying
items.
(1)
Prior to submitting their applications, applicants shall fully complete
Form D (available at the New Jersey State Police Internet website,
www.njsp.org, or the Police Department) and follow the instructions
for obtaining a criminal history background check, which includes
making an appointment to be fingerprinted by the state contract vendor.
Applicants who fail to obtain a criminal history background check
or otherwise refuse to consent to or cooperate in securing a criminal
history check shall not be considered for a license. If the applicant
is a corporation, then this requirement shall apply to the officers
of the corporation.
(2)
An application for a limousine driver's license shall be filed with
the Township Clerk upon forms provided by the Township. The application
shall include the following information:
(a)
Name and address of the applicant.
(b)
Places of residence for the preceding five years.
(c)
Age, height, color of eyes and color of hair.
(d)
Business and home telephone numbers.
(e)
Social security number.
(f)
Employer's name and business address.
(g)
Whether the applicant has ever been convicted of a crime, disorderly
persons offense or petty disorderly offense or of a felony, a high
misdemeanor, or misdemeanor, or of a prior violation of a limousine
ordinance, including but not limited to crimes, disorderly person,
petty disorderly person, felonies, high misdemeanors, misdemeanors,
or violations which occurred either in or outside of New Jersey.
(h)
Whether a driver's license, issued by any state, or a limousine
vehicle operator's license issued to him/her, has been suspended or
revoked, and for what cause.
(i)
The application shall be accompanied by two passport-type photographs
of the applicant taken within 30 days of the application, front view,
size two inches by two inches.
(j)
Each application must be accompanied by a certification or certificate
from a licensed and practicing physician of the State of New Jersey,
certifying that the applicant has been examined on a certain date,
within 60 days prior to the filing of the application, and that, in
his/her opinion, the applicant is of sound physical condition, with
good eyesight, not subject to epilepsy, vertigo, heart trouble, or
any other infirmity of body or mind which might make him unfit for
the safe operation of a limousine.
(k)
A copy of the operator's qualification certification issued
by the State of New Jersey approved fingerprinting agency.
(l)
A copy of a State of New Jersey driver's abstract issued by
New Jersey Motor Vehicle Commission having an issuance date of no
longer than seven days prior to submission of the proposed vehicle
operator's application to the Township.
(m)
Each application shall also be accompanied by the limousine driver's license fee set forth in Subsection 5-8.7A.
(n)
Changes in any application or submission information shall be
provided to the Township Clerk within 72 hours of said change.
D.
Investigation of application; consideration.
(1)
Upon the filing of an application for a limousine driver's license, the Township Clerk shall refer the same to the Chief of Police, who shall conduct or cause to be conducted an investigation of each applicant for a limousine driver's license. Said investigation shall be conducted in accordance with the considerations set forth in Subsection 5-8.6D hereof and shall include but not be limited to police review of the applicant's criminal record, business record, and driving record.
(2)
Any applicant who has been convicted of operating a motor vehicle
while under the influence of drugs or alcohol or reckless driving
within 10 years preceding the date of the application or has more
than six motor vehicle points or whose license is suspended or revoked
on or after the date of the application shall not be issued a taxicab
driver's license.
(3)
Further, if an applicant's motor vehicle abstract reveals a history
of multiple violations, the Township may refuse to issue such an applicant
a limousine driver's license.
E.
Limousine driver's license approval.
(1)
If, after review of an application and after receipt of a recommendation
from the Chief of Police, the Township 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
Township Clerk shall issue a limousine driver's license to the applicant.
(2)
If, after review of an application and after the receipt of a recommendation
from of the Chief of Police, the Township 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 issue.
F.
Issuance of limousine driver's license; contents.
(1)
Limousine driver's licenses shall be numbered consecutively and shall
contain the following information:
(2)
The Township Clerk shall keep a register of all limousine driver's
licenses issued, which register shall contain the details required
by this subsection.
(3)
The limousine driver's license shall be clearly displayed within
the vehicle at all times.
G.
Limousine driver's license duration, revocation and reinstatement.
(1)
Duration. Limousine driver's licenses shall expire annually on March
31 of every year.
(2)
Revocation. A limousine driver's license shall be revoked by the
Township Clerk under any of the following circumstances:
(a)
Upon the limousine driver's conviction of operating a motor
vehicle while under the influence of drugs or alcohol or reckless
driving;
(b)
Upon the limousine driver's obtaining more than six motor vehicle
points on his/her driving record;
(c)
Upon revocation of said limousine driver's New Jersey driving
privileges by the New Jersey Motor Vehicle Commission.
(d)
Upon revocation of said operator's driving privilege in any
state having motor vehicle law reciprocity with New Jersey vis-a-vis
the Interstate Compact codified in N.J.S.A. 39:5D-1 et seq.
(e)
Upon violation of or noncompliance with any of the requirements
of this section.
(3)
Notice of a revocation of a limousine driver's license shall be provided
in writing via regular mail, or via facsimile or e-mail of record
of the limousine driver or of the limousine driver's employer. However,
direct oral communication by the Township Clerk or the Clerk's designee
to the limousine driver or to the limousine driver's employer shall
be sufficient notice to terminate the limousine driver's operation
of a limousine within the Township before the written notice aforesaid
is transmitted by the Township.
(4)
Reinstatement. A limousine driver's license may be reinstated by
the Township Clerk upon the driver's compliance with all of the requirements
of this section.
(5)
Reinstatement fee. The fee for reinstatement of a limousine driver's
license shall be the same as the application fee for the initial limousine
driver's license.
H.
Recordkeeping.
(1)
The holder of a limousine driver's license and the holder of a limousine
license shall keep or cause to be kept a daily record upon which all
trips shall be recorded. The daily record shall show the limousine
license number of the driver, specific hours of duty, time and place
of origin and destination of each trip and the amount of fare received
for each trip. All such records shall be retained for one year.
I.
Display; receipts; cruising.
(1)
Display of license. Every holder of a limousine driver's license
shall have such license, with the photograph attached, openly, clearly
and conspicuously exhibited in the vehicle he is driving, which is
to be placed next to the limousine license.
(2)
Receipt for fares. Every limousine driver shall, when requested,
give a passenger a receipt for the fare paid.
J.
Observation of operations. The Township of Rockaway Police Department
is authorized and instructed to observe the operations of the holders
of a limousine operator for the purpose of enforcing compliance with
the provisions of this section.
K.
No transfer of limousine driver's license. No limousine driver's
license shall be transferred.
L.
Cruising prohibited. No person shall drive or cause or allow a limousine
to be driven on the streets or public places of the Township in search
of or soliciting prospective passengers for hire. For the purposes
of this section, "in search of or soliciting of prospective passengers"
shall mean picking up a passenger or attempting to pick up a passenger
who has not previously made arrangements by telephone or other communication
for a limousine pickup at a specific time and location.
M.
No advertising on vehicle. Limousines licensed by the Township of
Rockaway shall not contain printed or painted letters, numbers, symbols,
artwork, crests, and the like on the outside of such limousines.
[Ord. No. O-13-15]
A.
Reference to "this section." The phrase "this section," as used in this Section 5-8, refers to the provisions of the taxicab and limousine ordinance in its entirety.
B.
Refusal to issue license; suspension or revocation of license. The
Township may, in its discretion, refuse to issue or renew, or may,
revoke or suspend, any license issued under the provisions of this
section if the applicant has been convicted of any crime, disorderly
persons offense or petty disorderly person offense in this state or
in any other state or territory, or has been convicted of a violation
under Title 39, Motor Vehicles and Traffic Regulations, of the Revised
Statutes of New Jersey, or who violates any provision of this section
or has any judgment unsatisfied of record arising out of an automobile
accident or who has made false answers in the application for such
license or any renewal thereof or who has failed or fails to render
reasonably prompt, safe and adequate limousine services or who has
not complied fully with all requirements of this section for such
class of licensure, or if the licensee or applicant has in any degree
contributed to any injury to a person or damage to property arising
out of negligent operation of a motor vehicle or as to any limousine
owner's license if the motor vehicle licensed or to be licensed by
reason of unsafe or unsanitary conditions is dangerous to the safety
or health of the occupants and others, or if the policy of insurance
required herein has once lapsed or such coverage is not maintained
at all times, or a taxicab or limousine, at any time, carries more
passengers than the same is authorized to carry by the terms of this
section.
C.
Enforcement.
(1)
The Township of Rockaway Police Department is authorized and instructed
to observe the operations of taxicabs and limousines for the purpose
of enforcing compliance with the provisions of this section. Upon
discovering any violation of this section, the Police Department shall
immediately take all appropriate police action, including the issuance
of a summons, to this end.
(2)
In addition, the Police Department shall forward all summonses issued
and/or reports of violations or suspected violations of this section
by any person to the Township Clerk, who shall provide same to the
Township Council.
D.
Criminal violations and penalties. In addition to the taxicab and
limousine licensing revocation provisions previously set forth in
this section, any person who is found to be in violation of any of
the provisions of this section shall be subject to fines and penalties
as follows:
(1)
For a first offense: a fine not exceeding $1,000 shall be imposed;
and, in addition, a sentence to either a term of imprisonment not
to exceed 30 days or a period of community service not to exceed 30
days, or a combination of imprisonment and community service not to
exceed a total of 30 days, may be imposed.
(2)
For a second or subsequent offense: a fine not exceeding $2,000 shall
be imposed; and, in addition, a sentence to either a term of imprisonment
not to exceed 90 days or a period of community service not to exceed
90 days, or a combination of imprisonment and community service not
to exceed a total of 90 days, may be imposed.
[Ord. No. O-20-17]
As used in this section, the following terms shall have the
meanings indicated:
An organization holding a permit issued by the State of New
Jersey that authorizes the organization to operate as a medical cannabis
research and development facility, the operations of which shall be
limited to advancing the use of cannabis as medicine, improving the
lives of current registered qualifying patients as well as future
patients who could derive therapeutic benefit from the use of cannabis,
and furthering the knowledge of cannabis in the scientific and medical
communities.
An organization issued a permit, including a conditional
permit, by the State of New Jersey to operate as a medical cannabis
cultivator, medical cannabis manufacturer, medical cannabis dispensary,
or clinical registrant. This term shall include the organization's
officers, directors, board members, and employees.
An entity that has a written contractual relationship with
an academic medical center in the region in which it has its principal
place of business, which includes provisions whereby the parties will
engage in clinical research related to the use of medical cannabis
and the academic medical center or its affiliate will provide advice
to the entity regarding patient health and safety, medical applications,
and dispensing and managing controlled dangerous substances, among
other areas.
An organization holding a permit issued by the State of New
Jersey that authorizes the organization to: possess and cultivate
cannabis and deliver, transfer, transport, distribute, supply, and
sell medical cannabis and related supplies to other medical cannabis
cultivators and to medical cannabis manufacturers, clinical registrants,
and medical cannabis dispensaries, as well as to plant, cultivate,
grow, and harvest medical cannabis for research purposes. A medical
cannabis cultivator permit shall not authorize the permit holder to
manufacture, produce, or otherwise create medical cannabis products,
or to deliver, transfer, transport, distribute, supply, sell, or dispense
medical cannabis, medical cannabis products, paraphernalia, or related
supplies to qualifying patients, designated caregivers, or institutional
caregivers.
An organization issued a permit by the State of New Jersey
that authorizes the organization to: purchase or obtain medical cannabis
and related supplies from medical cannabis cultivators; purchase or
obtain medical cannabis products and related supplies from medical
cannabis manufacturers; purchase or obtain medical cannabis, medical
cannabis products, and related supplies and paraphernalia from other
medical cannabis dispensaries and from clinical registrants; deliver,
transfer, transport, distribute, supply, and sell medical cannabis
and medical cannabis products to other medical cannabis dispensaries;
furnish medical cannabis, including medical cannabis products, to
a medical cannabis handler for delivery to a registered qualifying
patient, designated caregiver, or institutional caregiver consistent
with the requirements of Subsection i. of Section 27 of P.L. 2019,
c. 153 (N.J.S.A. 24:6I-20); and possess, display, deliver, transfer,
transport, distribute, supply, sell, and dispense medical cannabis,
medical cannabis products, paraphernalia, and related supplies to
qualifying patients, designated caregivers, and institutional caregivers.
A medical cannabis dispensary permit shall not authorize the permit
holder to cultivate medical cannabis, to produce, manufacture, or
otherwise create medical cannabis products.
An organization issued a permit by the State of New Jersey
that authorizes the organization to: purchase or obtain medical cannabis
and related supplies from a medical cannabis cultivator or a clinical
registrant; purchase or obtain medical cannabis products from another
medical cannabis manufacturer or a clinical registrant; produce, manufacture,
or otherwise create medical cannabis products; and possess, deliver,
transfer, transport, distribute, supply, and sell medical cannabis
products and related supplies to other medical cannabis manufacturers
and to medical cannabis dispensaries and clinical registrants. A medical
cannabis manufacturer permit shall not authorize the permit holder
to cultivate medical cannabis or to deliver, transfer, transport,
distribute, supply, sell, or dispense medical cannabis, medical cannabis
products, paraphernalia, or related supplies to registered qualifying
patients, designated caregivers, or institutional caregivers.
[Ord. No. O-20-17]
A.
License required.
(1)
The requirements of this section are subject to the enabling authority
of the State of New Jersey and are subject to compliance with all
statutes and/or regulations adopted by the State of New Jersey or
its instrumentalities. If any provision of this section is inconsistent
with the statutes and/or regulations of the State of New Jersey, the
state statutes and/or regulations shall govern
(2)
Prior to the operation of any alternative treatment center, including
medical cannabis clinical registrants, medical cannabis cultivators,
medical cannabis dispensaries, or medical cannabis manufactures, and
prior to the operation of any cannabis research and development facility,
a license for such use must be obtained from the State of New Jersey
and from the Township of Rockaway.
(3)
The Township of Rockaway Division of Health (the "Division") is hereby
designated to act as the local licensing authority for the Township
for all medical cannabis alternative treatment centers and cannabis
research and development facilities. Under all circumstances in which state
law requires communication to the Township by the state licensing
authority or any other state agency with regard to the licensing of
alternative treatment centers or cannabis research and development
facilities by the state, or in which state law requires any review
or approval by the Township of any action taken by the state licensing
authority, the exclusive authority for receiving such communications
and granting such approvals shall be exercised by the Division.
(4)
Under no circumstances shall the Division receive or act upon any
application for local licensing of an alternative treatment center
or a cannabis research and development facility if the state has failed
to issue a license. No such use shall lawfully exist in the Township
of Rockaway absent of the issuance of a state license and full regulatory
oversight of the facility by the state licensing authority as well
as that of the Township.
(5)
Under no circumstances shall the Division receive or act upon any
application for local licensing of a medical cannabis alternative
treatment center or cannabis research and development facility unless
or until the applicant has obtained site plan approval from the Township
of Rockaway Planning Board or Zoning Board of Adjustment.
[Ord. No. O-20-17]
A.
Persons or entities wishing to obtain a medical cannabis license
shall file a license application with the Division, on a standardized
form by the Division and available in the Township of Rockaway Municipal
Building and on the Township's website.
B.
An application shall be deemed incomplete, and shall not be processed
by the Division, until all documents and application fees are submitted.
To be deemed complete, all applications shall be accompanied by the
following:
(1)
The applicant shall submit proof of prior approval by the state licensing
authority for a medical cannabis alternative treatment center or medical
cannabis research and development facility.
(2)
The applicant shall submit proof that the applicant has or will have
lawful possession of the premises proposed for the medical cannabis
alternative treatment center or medical cannabis research and development
facility, which proof may consist of the following: a deed, a lease,
a real estate contract contingent upon successful licensing, or a
letter of intent from the owner of the premises indicating an intent
to lease the premises to the applicant contingent upon approval of
required licenses.
(3)
The applicant shall submit an affidavit and document proof of compliance
with all state and local laws regarding affirmative action, antidiscrimination
and fair employment practices. The applicant shall also certify under
oath that they will not and shall not discriminate based on race,
color, religion (creed), gender, gender expression, age, national
origin (ancestry), disability, marital status, sexual orientation,
or military status, in any of its activities or operations. Violation
of this statute shall be grounds for suspension or revocation of license
at the sole discretion of the Township.
(4)
The applicant shall submit a resolution of approval from the Township
Planning Board or Zoning Board of Adjustment for the facility.
(5)
The applicant shall submit annually, an application/renewal fee for
a medical cannabis license.
(a)
Upon initial passage of this section, an application/renewal
fee shall be recommended by the Administration and fixed by a vote
of the majority of the Council.
(b)
Thereafter, the administration shall review the application/renewal
fee annually and recommend changes thereto, if any, with such recommended
changes being fixed upon a vote of the majority of the Council.
(6)
The applicant and the contents of the application shall otherwise
comply with any and all qualification standards set forth in the state
and Township laws, regulations, or requirements.
[Ord. No. O-20-17]
A.
Any Township medical cannabis license issued pursuant to this chapter
shall be valid for a period of one year from the date of issuance.
B.
The Division may, at its discretion, adjust the annual renewal date
of the local license to correlate with an applicant's state licensing
and renewal schedule, and the annual license fee shall be increased
or decreased to prorate the period, accordingly.
C.
Upon renewal of a medical cannabis license, the licensee shall be
governed by any Code amendments, additional restrictions, or changes
in requirements adopted since the previous license was issued or renewed.
D.
Transfer of ownership of a medical cannabis license shall be prohibited.
E.
If the licensee has received notice of violation of any law or regulation
relating to their medical cannabis license, including disciplinary
action against any past or current cannabis license, the applicant
for renewal shall include a copy of the notice of violation or disciplinary
action with their application.
[Ord. No. O-20-17]
A.
Disciplinary actions. Procedures for investigation of medical cannabis
license violations and for suspension, revocation, or other licensing
sanctions as a result of any such violation shall be as follows:
B.
Summary suspension. When the Division has reasonable grounds to believe
that a medical cannabis licensee has engaged in deliberate and willful
violation of any applicable law or regulation, or that the public
health, safety, and/or general welfare has been jeopardized and requires
emergency action, the Director may enter a summary suspension order
for the immediate suspension of such license pending further investigation.
(1)
The summary suspension order shall be in writing and shall state
the reasons therefor.
(2)
The Division shall convene a review panel consisting of the Health
Officer, another administrative officer designated by the Mayor, a
representative from the Police Department, the Municipal Engineer
or his or her designee, and the Chair of the Township of Rockaway
Planning Board or his or her designee. To the extent practicable,
the hearing shall be scheduled within 30 days of the date of the summary
suspension order. The hearing shall be open to the public and shall
be legally noticed as a public hearing in accordance with the Open
Public Meetings Act.[1]
[1]
Note: See N.J.S.A. 10:4-6 et seq.
(3)
The review panel, by majority vote, is authorized to impose any fines,
conditions, restrictions, suspensions, or combination thereof authorized
by the State of New Jersey. In the absence of state-specified penalties,
the Township may issue fines up to $1,000 per offense and/or issue
a suspension of that medical cannabis license for a period up to,
but not exceeding, six months.
C.
Inactive licenses. The Division may suspend or revoke any medical
cannabis license if the licensed premises have been inactive or unoccupied
by the licensee for six months or more.
D.
State license. The Division shall suspend or revoke any license if
the corresponding state license for the subject location is expired,
surrendered, suspended, or revoked.
