Editor's Note: The general power to license and prescribe
license fees is contained in N.J.S.A. 40:52-1, 2. Licensing is also
a part of the general police power granted by N.J.S.A. 40:69A-29,
30.
[1973 Code § 5-1.1]
The purpose of this chapter is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses
issued by the Township, except alcoholic beverage licenses, dog licenses
and taxicab licenses, and except as may be specified or otherwise
provided elsewhere in this chapter.
[1973 Code § 5-1.2]
All applications for licenses shall be accompanied by the required
fee and shall be made to or through the Township Clerk upon forms
provided by him. Applications shall contain the information specified
by resolution of the Township Council and may include the following
along with other information deemed necessary or specifically called
for by ordinance:
a.
Name and permanent and local address of the applicant. If the applicant
is a corporation, the name and address of its registered agent.
b.
If the licensed activity is to be carried on at a fixed location,
the address and description of the premises.
c.
If a vehicle is to be used, its description including the license
number.
d.
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship.
e.
The days of the week and the hours of the day during which the licensed
activity will be conducted.
f.
A description of the nature of the business and the goods, property
or services to be sold or supplied.
g.
A statement as to whether the applicant has been convicted of any
crime or the violation of any municipal ordinance other than traffic
offenses and, if so, the date and place of conviction, the nature
of the offense, and the punishment or penalty imposed.
h.
Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate his
character and responsibility.
i.
Applications by partnerships shall be signed by all partners with
the information required by this subsection supplied in detail as
to each partner, and applications of corporations shall have attached
individual statements containing all of the information required by
this subsection relating to each employee or agent who shall engage
in the licensed activity, and shall be signed by each employee or
agent.
[1973 Code § 5-1.3]
Each application shall be referred to the Chief of Police or
a Police Officer designated by him, who shall immediately institute
whatever investigation of the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity
he considers necessary for the protection of the public. He shall
communicate his findings in writing to the Township Clerk within a
reasonable time after the application has been filed. If the investigator
decides that the applicant's character, ability or business responsibility
is unsatisfactory, or the products, services or activity are not free
from fraud, he shall disapprove the application and the Clerk shall
refuse to issue the license and shall so notify the applicant. Otherwise,
the Township Clerk shall issue the license immediately, provided the
required license fees have been paid, except in cases where approval
of the Council is required. In the case of an application for a solicitor's,
peddler's, or canvasser's license, the license may be issued
immediately subject to the investigation. In the event of the refusal
of the issuance of a license, the applicant may appeal to the Council
for hearing. The appeal must be filed, in writing, with the Township
Clerk within fourteen (14) days after notification of the refusal.
The Council shall hold its hearing within ten (10) days thereafter,
and its decision shall be final.
[1973 Code § 5-1.4]
Licenses shall be in a form which the Council shall prescribe
by resolution, and shall contain the following information:
a.
The name and address of the licensee.
b.
The number and type of the license and the nature of the licensed
activity.
c.
The address at which the licensed activity is conducted, if the activity
is carried on at a fixed location.
d.
If the licensed activity is conducted from a vehicle, the make, model
and license number of the vehicle.
e.
The expiration date of the license.
f.
Any other appropriate information which the Council may require by
resolution.
[1973 Code § 5-1.5]
The Township Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Council and shall contain the same information as is required by subsection 4-1.4 to be contained in the license. It shall also indicate the amount of the fee paid for the license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal, and any other information which the Council may require by resolution.
[1973 Code § 5-1.6]
When the licensed activity is conducted at a fixed location,
or from a vehicle, the license shall be prominently displayed at the
location or on the vehicle. In all other cases the licensee shall
have the license in his possession at all times and shall display
it upon the request of any Police Officer or any person with whom
he is doing business.
[1973 Code § 5-1.7]
Except as otherwise provided, a license shall apply only to
the person to whom it was issued and shall not be transferable to
another person. Licenses may be transferred from place to place, in
cases where the licensed activity is conducted at a fixed location,
but only with the approval of the Council by resolution. The fee for
the transfer of a license from place to place shall be five ($5.00)
dollars.
[1973 Code § 5-1.8]
a.
Except where expressly provided otherwise, all licenses shall expire
on December 31 of the year of issue at 12:00 midnight. Applications
for the renewal of licenses shall be made not later than December
1 of the year of issue.
b.
When an application for a license is made during the course of any
calendar year, the fee shall be prorated to the nearest month, except
as otherwise provided for in this chapter. Any period of time greater
than one-half a month shall be considered as a full month for this
purpose.
[1973 Code § 5-1.9]
Any license or permit issued by the Township may be revoked
by the manager after notice and a hearing for any of the following
causes:
a.
Fraud or misrepresentation in any application for a permit or license.
b.
Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity.
c.
A violation of any provision of this chapter.
d.
Conviction of the license for any felony or high misdemeanor or a
misdemeanor or disorderly person's offense involving moral turpitude.
e.
Conduct of the licensed activity whether by the licensee himself
or his agents or employees in an unlawful manner or in a manner that
constitutes a breach of the peace or a menace to the public health,
safety or general welfare.
f.
Whenever a license has been issued immediately upon an application,
pending the results of the investigation provided for by this chapter,
such license may be summarily revoked if the result of the investigation
is such as would have resulted in denial of the application.
[1973 Code § 5-1.10]
Notice of a hearing for the revocation of a license or permit
shall be given in writing by the Township Clerk. The notice shall
specifically set forth the grounds upon which the proposed revocation
is based and the time and place of the hearing. It shall be served
by mailing a copy to the licensee at his last known address by certified
mail, return receipt requested, at least five (5) days prior to the
date set for the hearing.
[1973 Code § 5-1.11]
At the hearing the licensee shall have the right to appear and
be heard, to be represented by an attorney, to present witnesses in
his own behalf, to cross-examine opposing witnesses and to have a
permanent record made of the proceedings at his own expense. The Manager
shall revoke or suspend the license if he is satisfied by a preponderance
of the evidence that the licensee is guilty of the acts charged.
[1973 Code § 5-1.12]
The Manager may issue another license to a person whose license
has been revoked or denied as provided in this section if after hearing
he is satisfied by clear and convincing evidence that the acts which
led to the revocation or denial will not occur again; otherwise, no
person whose license has been revoked or denied, nor any person acting
for him, directly or indirectly, shall be issued another license to
carry on the same activity.
[1973 Code § 5-1.13]
Any licensee may appeal from a determination by the Manager
to revoke a license or to refuse to reinstate a revoked license within
ten (10) days of such determination by the Manager. The appeal shall
be made to the Township Council. The Township Council shall specify
a time and place for the hearing of the appeal giving reasonable notice
thereof to the licensee. Unless otherwise agreed by the Council and
the licensee, all appeals shall be de novo.
[1973 Code § 5-1.14]
The Council may by resolution make rules and regulations which
interpret or amplify any provision of this chapter or for the purpose
of administering the provisions of this chapter or making them more
effective. No regulation shall be inconsistent with or alter or amend
any provision of this chapter and no regulation shall impose any requirement
which is in addition to or greater than the requirements that are
expressly or by implication imposed by any provision of this chapter.
[1973 Code § 5-14; Ord. No. 13-1990]
a.
Payment Required.
1.
Proof of Payment Required Prior to the Issuance or Renewal of Licenses
or Permits. As a condition for the issuance or renewal of any license
or permit issued by or requiring the approval of the Township, the
owner-applicant shall either provide proof that there are no delinquent
property taxes or assessments on the property or pay all delinquent
taxes or assessments on the property wherein the business or activity
for which the license or permit is sought or wherein the business
or activity is to be conducted.
2.
Payment of Property Taxes and Assessments as a Condition for Receiving
Licenses or Permits. Prior to the issuance of licenses and permits
by the various departments or agencies of the Township, the department
shall ascertain from the office of the Tax Collector that all taxes
and assessments have been paid to a current basis for the property
on which the activity or business in question is to take place. In
the event that property taxes or assessments are unpaid to a current
basis, no licenses or permits shall be issued until all such payments
have been made by the property owner.
b.
Suspensions of Licenses or Permits and Restoration. Whenever a property
owner has failed to pay the taxes due on the property for at least
three consecutive quarters, the Township may, upon notice to the licensee
and property owner, revoke or suspend any license or permit until
the payment of the delinquent taxes and assessments is made. Upon
payment of the delinquent taxes or assessments, the license or permit
shall be restored.
c.
Applicability. The provisions of this subsection shall not apply
to or include any alcoholic beverage license or permit issued pursuant
to the Alcoholic Beverage Control Act. The provisions of this subsection
shall apply to all other licenses and permits issued by or requiring
approval of the Township, including but not limited to:
[1973 Code § 5-2.1]
As used in this section:
shall mean any person, whether a resident of the Township
or not, traveling by foot, wagon, automotive vehicle or any other
type of conveyance, from place to place, from house to house, or from
street to street, carrying, conveying or transporting goods, wares,
merchandise, meats, fish, vegetables, fruits, food, ice cream, fruit
ices, soda water, garden farm products or provisions, offering and
exposing the same for sale, or making sales and delivering articles
to purchasers. Hawkers, hucksters and vendors are included.
[1973 Code § 5-2.2; Ord. No. 12-2013 § 2]
It shall be unlawful for any person to engage in the business
of a peddler within the corporate limits of the Township without first
obtaining a license.
a.
Application. An application for license shall be made to the Township
Clerk. The application must be completed in accordance with the application
instructions and be verified by oath or affirmation. There shall be
a fee of one-hundred ($100.00) dollars for each application submitted
to the Township Clerk.
b.
Investigation. The Chief of Police or a Police Officer designated
by the Chief shall investigate each applicant. A report containing
the results of the investigation shall be forwarded to the Township
Clerk. There shall be an investigation fee paid to the Township Clerk
prior to the issuance of the license to cover the cost of the investigation
of the applicant by the Police Department.
The Township Clerk or the Township Manager shall deny a license
to an applicant who:
c.
Issuance of License. The Township Clerk or the Township Manager may
grant or deny the license based upon a review of the application.
All licenses will expire on December 31 of the year in which it was
granted regardless of when during that year the license was issued.
d.
Revocation of License. The Township Clerk or the Township Manager
shall revoke the license of any licensee who fails or refuses to observe
the rules, regulations and terms of this chapter or any other chapter
of the Township Ordinances. Upon receipt of any complaint regarding
the conduct of a licensee, the Township Clerk or the Township Manager
may suspend the license and may revoke the license after giving the
licensee an opportunity to be heard.
[1973 Code § 5-2.3]
The license fee for a peddler shall be ten ($10.00) dollars
per year. The license fee for a renewal license shall be five ($5.00)
dollars per year. These fees are for the purpose of raising revenues.
No portion of the fee shall be prorated for any part of the year.
[1973 Code § 5-2.4]
No peddler shall have any exclusive right to any location, nor
shall be permitted to operate in any congested area where his operation
might impede or inconvenience the public. For the purpose of this
section, the judgment of a Police Officer, exercised in good faith,
shall be deemed conclusive as to whether the area is congested or
the public impeded or inconvenienced.
[1973 Code § 5-2.5; Ord. No. 12-2013 § 1]
No soliciting or canvassing activities shall be conducted before
9:00 a.m. or later than 7:00 p.m., Monday through Saturday, and no
soliciting or canvassing activities may be conducted on Sundays or
legal holidays.
[1973 Code § 5-2.6]
It shall be the duty of any Police Officer of the Township to
require any person seen peddling, and who is not known by such Officer
to be duly licensed, to produce his peddler's license and to
enforce the provisions of this section against any person found to
be violating the same.
[1973 Code § 5-2.7]
This section shall not be construed to include:
a.
The delivery of milk, eggs, bread, newspapers or other necessary
and perishable articles of food or merchandise of the type commonly
delivered on a house to house basis at intervals of less than one
(1) week.
b.
Federal census takers and polls or surveys taken pursuant to Federal,
State or local laws.
c.
Any veteran or volunteer fireman who holds a special license issued
pursuant to N.J.S.A. 45:24-9 shall be exempt from application for
a license, but shall be required to comply with all other applicable
subsections of this section.
[1973 Code § 5-2.8]
The equipment used or employed by peddlers of ice cream, foods,
beverages, confections and other related commodities shall be maintained
in a clean and sanitary manner and be subject to the inspection of
the Department of Health or its authorized agents. Any violation found
and not immediately corrected shall be grounds for revocation of the
license.
[Ord. No. 12-2013 § 3]
Persons granted licenses as solicitors or canvassers shall obey
the following regulations:
a.
The peddler shall conduct himself/herself in a polite and courteous
manner.
b.
"No Soliciting" or "No Knock" signs placed on a resident's property
shall be strictly adhered to by the peddler.
c.
The peddler shall not conduct any selling or delivery activities
on properties identified on the Township's "No Knock List."
d.
The Township shall issue to each peddler a badge displaying the words
"Licensed Peddler," the period for which the license is issued, and
the license number. The badge shall have a space for the insertion
of a photograph one and one-half by two (1 1/2 x 2) inches in
size. Two (2) photographs of this size shall be provided to the Township
by the applicant and there shall be a fee of twenty-five ($25.00)
dollars to cover the cost of this badge. Each peddler is required
to have a badge. The badge shall be worn constantly and conspicuously
on the front of the peddler's outer garment at all times while
conducting selling or delivering activities within the Township. Each
peddler shall also carry a copy of their license with them at all
times while conducting selling or delivering activities within the
Township.
[Ord. No. 12-2013 § 3]
The Township shall maintain a "No Knock List," a copy of which shall be provided to all peddlers required to be licensed pursuant to Section 4-2, in accordance with the provisions of N.J.S.A. 47:1A-5. The Township Clerk shall charge a fee for a copy of the "No Knock List," in accordance with the Open Public Records Act. Residents may register their address with the Township Clerk for placement on the "No Knock List," indicating that such resident does not want persons so licensed to approach the registered home and/or seek personal contact with the occupants of the registered home. Once the resident's address has been added by the Township Clerk to the "No Knock List," the resident shall be permitted to post a "No Knock" sign by the front entrance of his or her home to advise the peddler. The "No Knock List" shall be provided by the Township Clerk to the Police Department for enforcement and may be posted in public places. It shall be unlawful for any licensed peddler to approach a registered home and/or seek personal contact with the occupants therein if the resident has registered their address on the "No Knock List" or posted a "No Knock" sign. Registration on the "No Knock List" shall expire five (5) calendar years following the end of the calendar year of registration, unless renewed by notifying the Township Clerk.
[Ord. No. 12-2013 § 3]
Any person or peddler violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5.
[1973 Code § 5-3.1]
As used in this section:
shall mean a person, also known as a canvasser, whether resident
of the Township or not, traveling either by foot, wagon, automobile,
motor truck, or any other type of conveyance, from place to place,
from house to house or from street to street, to take or attempt to
take orders for sale of goods, wares and merchandise, personal property
of any nature whatsoever for future delivery, or for services to be
furnished or performed in the future, whether or not the individual
has, carries or exposes for sale a sample of the subject of the sale,
and whether or not he accepts an advance payment for the goods.
[1973 Code § 5-2.8; Ord. No. 11-2013 § 2]
It shall be unlawful for any solicitor or canvasser to engage
in such business within the Township without first obtaining a license.
a.
Application. An application for license shall be made to the Township
Clerk. The application must be completed in accordance with the application
instructions and be verified by oath or affirmation. There shall be
a fee of one hundred ($100.00) dollars for each application submitted
to the Township Clerk.
b.
Investigation. The Chief of Police or a Police Officer designated
by the Chief shall investigate each applicant. A report containing
the results of the investigation shall be forwarded to the Township
Clerk. There shall be an investigation fee paid to the Township Clerk
prior to the issuance of the license to cover the cost of the investigation
of the applicant by the Police Department.
The Township Clerk or the Township Manager shall deny a license
to an applicant who:
c.
Issuance of License. The Township Clerk or the Township Manager may
grant or deny the license based upon a review of the application.
All licenses will expire on December 31 of the year in which it was
granted regardless of when during that year the license was issued.
d.
Revocation of License. The Township Clerk or the Township Manager
shall revoke the license of any licensee who fails or refuses to observe
the rules, regulations and terms of this chapter or any other chapter
of the Township Ordinances. Upon receipt of any complaint regarding
the conduct of a licensee, the Township Clerk or the Township Manager
may suspend the license and may revoke the license after giving the
licensee an opportunity to be heard.
[1973 Code § 5-3.3]
This section shall not be construed to include:
b.
Federal census takers and polls or surveys taken pursuant to Federal,
State or local laws.
c.
Any veteran or volunteer fireman who holds a special license issued
pursuant to N.J.S.A. 45:24-9 shall be exempt from application for
a license, but shall be required to comply with all other applicable
subsections of this section.
[1973 Code § 5-3.4]
In addition to the information required by Section 4-1.2, the application for a solicitor's license shall indicate the place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery.
[1973 Code § 5-3.5; Ord. No. 47-2005 § 2]
The fee for a solicitor's or canvasser's license shall
be one hundred ($100.00) dollars. There shall be no reduced fee for
a yearly renewal.
[1973 Code § 5-3.6]
It shall be the duty of any Police Officer of the Township to
require any person seen soliciting, and who is not known by such officer
to be duly licensed, to produce his solicitor's license and to
enforce the provisions of this section against any person found to
be violating the same.
[1973 Code § 5-3.7; Ord. No. 18-2003; Ord. No. 11-2013]
No soliciting or canvassing activities shall be conducted before
9:00 a.m. or later than 7:00 p.m., Monday through Saturday, and no
soliciting or canvassing activities may be conducted on Sundays or
legal holidays.
[Ord. No. 11-2013 § 3]
Persons granted licenses as solicitors or canvassers shall obey
the following regulations:
a.
The solicitor or canvasser shall conduct himself/herself in a polite
and courteous manner.
b.
"No Soliciting" or "No Knock" signs placed on a resident's property
shall be strictly adhered to by the solicitor or canvasser.
c.
The solicitor or canvasser shall not conduct any soliciting or canvassing
activities on properties identified on the Township's No Knock
List.
d.
The Township shall issue to each solicitor or canvasser a badge displaying
the words "Licensed Solicitor," the period for which the license is
issued, and the license number. The badge shall have a space for the
insertion of a photograph one and one-half by two (1 1/2 x 2)
inches in size. Two (2) photographs of this size shall be provided
to the Township by the applicant and there shall be a fee of twenty-five
($25.00) dollars to cover the cost of this badge. Each solicitor or
canvasser is required to have a badge. The badge shall be worn constantly
and conspicuously on the front of the solicitor or canvasser's
outer garment at all times while conducting soliciting or canvassing
activities within the Township. Each solicitor or canvasser shall
also carry a copy of their license with them at all times while conducting
soliciting or canvassing activities within the Township.
[Ord. No. 11-2013 § 3]
The Township shall maintain a "No Knock List," a copy of which shall be provided to all solicitors or canvassers required to be licensed pursuant to Section 4-3, in accordance with the provisions of N.J.S.A. 47:1A-5. The Township Clerk shall charge a fee for a copy of the "No Knock List," in accordance with the Open Public Records Act. Residents may register their name and address with the Township Clerk for placement on the "No Knock List," indicating that such resident does not want persons so licensed to approach the registered home and/or seek personal contact with the occupants of the registered home. Once the resident's name has been added by the Township Clerk to the "No Knock List," the resident shall be permitted to post a "No Knock" sign by the front entrance of his or her home to advise the solicitor and canvasser. The "No Knock List" shall be provided by the Township Clerk to the Police Department for enforcement and may be posted in public places. It shall be unlawful for any licensed solicitor or canvasser to approach a registered home and/or seek personal contact with the occupants therein if the resident has registered on the "No Knock List" or posted a "No Knock" sign. Registration on the "No Knock List" shall expire five (5) calendar years following the end of the calendar year of registration, unless renewed by notifying the Township Clerk.
[Ord. No. 11-2013 § 3]
Any person, solicitor or canvasser violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5.
[1973 Code § 5-4.1]
As used in this section:
shall mean and include patriotic, religious, eleemosynary,
benevolent, educational, civic or fraternal associations, societies
and the like.
shall mean and include the giving of alms, food, clothes,
money subscriptions, pledges or property of any nature or kind.
shall mean any individual, firm, copartnership, corporation,
company, association, church, religious denomination, society, class
or league.
shall mean the request, directly or indirectly, of money,
credit, property, financial assistance, and other things of value
on the plea or representation that such money, credit, property, financial
assistance or other thing of value will be used for a charitable and
philanthropic purpose as defined in this section. Solicitation shall
be deemed to be complete when made, whether or not the person making
the same receives any contribution.
[1973 Code § 5-4.2]
No person or organization shall solicit charitable and philanthropic
contributions within the Township without first obtaining a permit
authorizing such public solicitations; provided, however, that the
provisions of this section shall not apply to any established person
or organization authorized and not operated for the pecuniary profit
of any person if the solicitations by such person or organization
are conducted among the members thereof or if the solicitations are
in the form of collections or contributions at the regular assembly
or meetings of any such person or organization.
[1973 Code § 5-4.3]
Application for a permit to make a public solicitation of funds
by charitable and philanthropic organizations shall be made to the
Township Clerk upon forms provided by the Township.
In addition to the application required by subsection 4-1.2, the application herein required shall contain the following information:
a.
The purpose for which such solicitation is to be made and the estimated
amount of funds proposed to be raised thereby.
b.
A specific statement showing the need for the solicitation.
c.
The name and address of the person who will be in direct charge of
conducting the solicitation.
d.
The names and addresses of all persons making the proposed solicitation.
e.
A brief outline of the method to be used in conducting the solicitation.
f.
The time and dates when such solicitations shall be made, giving
preferred dates and alternate dates for the beginning and ending of
such solicitation.
g.
The amount of any wages, fees, commissions or expenses to be paid
to any person or organization for conducting such solicitation and
the names and addresses of all such persons.
h.
A full statement of the character and extent of the charitable and
philanthropic work conducted by the applicant within the Township.
i.
A statement to the effect that if the permit is approved, it will
not be used or represented in any way as an endorsement of the proposed
solicitation by the Township or by any of its officers or departments.
If, while the application is pending or during the term of any
permit granted 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 twenty-four
(24) hours after such change.
[1973 Code § 5-4.4]
The investigation required under subsection 4-1.3 shall be limited to that sufficient for the Chief of Police to make a determination that the person or organization is bona fide. Upon making such a determination, the Chief of Police shall approve the application and notify the Township Clerk.
[1973 Code § 5-4.5]
If the application is approved, the Township Clerk shall immediately
notify the applicant and issue the permit without charge. If the application
is disapproved, notification stating the reasons for such disapproval
shall immediately be sent to the applicant by the Township Clerk.
[1973 Code § 5-4.6]
It shall be the duty of the Township Clerk to keep a current
calendar of approved solicitations to be conducted within the Township.
The Township Clerk shall have the right to propose alternate
dates for a solicitation if the requested dates should unfairly conflict
with other solicitations being conducted within the Township.
[1973 Code § 5-4.7]
There shall be no fee payable to the Township for any charitable
and philanthropic solicitation permit.
[1973 Code § 5-4.8]
No permit may grant the right to solicit for a period longer
than thirty (30) consecutive days.
[1973 Code § 5-4.9]
Any person or organization receiving money or any other thing
for a value of one ($1.00) dollar or more from any contributor under
a solicitation made pursuant to this section shall give to the contributor
a written receipt signed by the solicitor showing the date and the
amount received; provided that this subsection shall not apply to
any contribution collected by means of a closed box or receptacle
used in solicitation where the use thereof has been approved by the
Township Council, where it is impractical to determine the amount
of each contribution.
[1973 Code § 5-4.10; New]
No solicitations conducted under the authority of this section
shall take place before 9:00 a.m. or later than 9:00 p.m.
[1973 Code § 5-5.1]
The purpose of this section is to regulate the conduct of places
of business where used goods and chattels are stored, sold or displayed,
junk yards, junk shops, motor vehicle junk yards and shops, and to
impose license fees for revenue upon all persons engaged therein.
[1973 Code § 5-5.2]
It shall be unlawful for any person, firm, corporation, association
and principal or agent thereof to perform any act included within
the provisions of this section without first obtaining a license as
herein provided for and paying the license fee prescribed therefor.
[1973 Code § 5-5.3]
As used in this section:
shall mean and describe any business or place of storage
or deposit of two (2) or more unregistered vehicles, unfit for use
for highway transportation; or where used parts of motor vehicles
or materials which have been parts of any motor vehicle; or the place
where junk of any kind or description may be maintained or dealt in.
shall mean and describe all articles of personal property
which shall not be new or unused except motor vehicles or parts thereof.
[1973 Code § 5-5.4]
Any person desiring a license shall file with the Township Clerk an application for license for the conduct of any business for the sale, display, or storage of used goods and chattels, junk yards, junk shops, motor vehicle yards and shops as provided in this chapter. The information required on the application shall be as provided in subsection 4-1.2.
[1973 Code § 5-5.5; Ord. No. 48-2005 § 2]
The license fee shall be fifty ($50.00) dollars annually. The
license shall not be transferable from the person to whom issued to
any other person or from place to place. The license shall be conspicuously
displayed upon the premises for which such license is issued. The
license shall expire on December 31 of the year in which issued.
[1973 Code § 5-5.6; Ord. No. 19-1974]
The following regulations shall apply.
a.
No license for any junk yard shall be given or renewed unless the
junk yard is fenced in by a fence not less than six (6) feet in height
so as to conceal the junk. The fence shall be of wooden construction
and shall bear no advertising matter thereon except the name under
which the business may be operated.
b.
All used goods and chattels as defined in this section shall at all
time be housed within a permanent building and shall not be permitted
upon any of the streets, sidewalks, in front of, along either side
of, or on top of any such building.
c.
No junk shall, at any time, be permitted upon any of the streets
or sidewalks of the Township.
[1973 Code § 5-6.1]
The Bingo Licensing Law and the Raffles Licensing Law were adopted
at public referendum in the Township on April 20, 1954.
The provisions of the Bingo Licensing Law and Raffles Licensing
Law prohibit the operation of games of chance conducted under any
license issued under either or both laws on Sunday unless it shall
be otherwise provided in the license issued for the holding, operating,
and conducting thereof, pursuant to the provisions of an ordinance
duly adopted by the Governing Body of the municipality issuing the
license, specifically authorizing the conduct of the games of chance
on Sunday.
[1973 Code § 5-6.2]
Games of chance may be conducted under any license issued under
the Bingo Licensing Law and the Raffles Licensing Law on Sunday.
Each of the licenses heretofore or hereafter issued in pursuance
to either or both of the aforesaid laws, shall provide therein that
the operation of the games of chance is permitted pursuant to the
provisions of this subsection.
[1973 Code § 5-7.1; Ord. No. 45-2005 § 2]
No person shall conduct a circus, carnival, traveling show or
exhibition of any sort without first obtaining a license from the
Township Clerk. The fee for such license shall be two hundred fifty
($250.00) dollars per day.
[1973 Code § 5-7.2]
In addition to the information required by subsection 4-1.2, the applicant shall furnish an exact description of the entertainments, acts, games, amusements, attractions or exhibitions which will be offered together with the price to be charged for general admission and each separate admission to any amusement or activity.
[1]
Editor's Note: Registration of Contractors was deleted
by Ord. No. 40-2005.
[1973 Code § 5-10.1; Ord. No. 19-1978; Ord. No. 5-1997]
Coin-operated launderette, laundromats and dry cleaning machines shall be licensed in accordance with Section 4-1.
[1973 Code § 5-10.2; Ord. No. 19-1978; Ord. No. 5-1997; Ord. No. 50-2005 § 2]
The owner and/or lessee of each such premises where the machines
are situated shall pay an annual license fee of one hundred ($100.00)
dollars per year. The fee for each laundry machine and each dry cleaning
machine shall be twenty-five ($25.00) dollars per year.
[1973 Code § 5-10.3; Ord. No. 19-1978; Ord. No. 5-1997]
The premises where the machines are situated may be operated
twenty-four (24) hours per day if a full time attendance is present
between the hours of 11:00 p.m. and 7:00 a.m. Otherwise, the premises
shall be closed by 11:00 p.m. and shall not open before 7:00 a.m.
[1973 Code § 5-11; Ord. No. 3-1979; Ord. No. 28-1992]
Coin-operated vending machines shall be licensed in accordance with Section 4-1. Every person conducting the business of selling to the general public soft drinks or other beverages, or any other goods, wares or other tangible property, with the exception of candy, by the use of vending machines shall pay a fee of twenty-five ($25.00) dollars for each machine.
Excluded from the within provision are machines used by private
clubs or organizations where the sales are limited to members of the
clubs or organizations.
[1973 Code § 5-12.1; Ord. No. 2-1978; amended 12-15-2015 by Ord. No. 19-2015]
No person shall participate in the police towing rotation within
the Township without first obtaining the necessary permit as hereinafter
provided from the Township Clerk. A maximum of five permits will be
issued per year, which will be based on prior service, facilities
and equipment inspections.
[1973 Code § 5-12.2; Ord. No. 2-1978]
Applications for permits issued under this regulation shall
be made upon forms made available by the Township Clerk. The applications
shall include, among other things, the following information:
a.
The description by make, model, license number, year, vehicle identification
number and color of all wreckers for which permits are requested,
together with the principal location at which the wreckers will be
maintained.
b.
The block and lot number and mailing address of the garage in which
the applicant has space available for properly accommodating and protecting
all towed motor vehicles setting forth the number of motor vehicles
which can safely be stored upon the premises at any one time.
c.
A letter from the Land Use Officer of the Township verifying that
the storage of motor vehicles is a permitted use upon the premises
where the garage is located.
d.
Certificate of insurance as hereinafter required.
e.
Names and addresses of all owners.
f.
Names and addresses of all operators to be used in the business.
[1973 Code § 5-12.3; Ord. No. 2-1978]
Applications shall be submitted prior to December 1 annually
for processing prior to January 1 of the following year.
All permits issued under this section shall expire on December
31 annually.
[1973 Code § 5-12.4; Ord. No. 2-1978]
Upon filing, each application shall be accompanied by a one
hundred ($100.00) dollar permit fee. If the application is rejected,
one-half of the fee shall be returned to the applicant. The renewal
fees shall also be one hundred ($100.00) dollars and prorated on the
same basis if rejected.
[1973 Code § 5-12.5; Ord. No. 2-1978]
Within thirty (30) days after receipt of an application, the
Chief of Police shall cause an investigation to be made of the applicant
and his proposed business operation and shall make or have made an
inspection of the vehicles. All applicants and/or operators shall
be fingerprinted and a permit shall not be issued to a person convicted
of a crime of moral turpitude. The Chief of Police may delegate the
inspection of the vehicle to a person or persons, who shall make such
an inspection and who shall report to the Chief of Police whether
the wreckers are in a thoroughly safe and sanitary condition and comply
with the requirements and standards of this section, as given herein.
Upon completion of the investigation and inspection, the Chief of
Police shall either refuse to approve the application or shall approve
the application in accordance with the standards given herein, and
shall inform the Township Clerk of his decision.
[1973 Code § 5-12.6; Ord. No. 2-1978]
The Chief of Police shall approve an application when he finds
that the following requirements have been met by the applicant:
a.
The insurance policies as required have been procured and supplied.
b.
The applicant and proposed operators shall be qualified to operate
the wrecker and conduct a wrecker service in the Township. Permit
holders shall be required to keep the Police Department informed of
any changes in names or addresses of their operators.
c.
The requirements of this section and all other laws, statutes, and
ordinances have been met.
d.
The vehicles have been properly licensed and conform to the State
motor vehicle laws.
e.
The wrecker or tow truck shall meet the required minimum standards,
set forth herein.
[1973 Code § 5-12.7; Ord. No. 2-1978]
Each permittee shall obtain the following policies of insurance
naming the Township as an additional insured:
a.
Garage Keeper's Policy. A garage keeper's legal liability
policy covering fire, theft and explosion in the minimum amount of
fifty thousand ($50,000.00) dollars and collision coverage subject
to two hundred ($200.00) dollars deductible.
b.
Garage Liability Policy. A garage liability policy covering the operation
of the applicant's equipment or vehicles for any bodily injury
or property damage in the minimum amount of $100,000/$300,000 bodily
injury and $100,000 property damage.
Each policy required herein shall contain an endorsement providing
thirty (30) days notice to the Township in the event of cancellation.
[1973 Code § 5-12.8; Ord. No. 2-1978]
The Township Clerk shall issue to the person owning an approved
wrecker, a permit, in such form as may be set by the Township Clerk,
which shall be at all times displayed on the passenger side of the
rear window of each wrecker. The permit shall bear the name of the
owner, the rate of charges, and a notice that in case of any complaint,
the complainant may notify the Township Clerk, giving the license
number of the wrecker. The card shall also have the signature of the
Township Clerk, the date of inspection of the wrecker and the signature
of the person making the inspection.
[1973 Code § 5-12.9; Ord. No. 2-1978]
The Chief of Police is hereby authorized to establish reasonable
rules and regulations for the inspection and operation of wreckers
and for the design, construction, maintenance and conditions for the
safe conduct of a wrecker business, in accordance with the standards
outlined in this regulation. The Chief, or his designee, shall maintain
due vigilance over all wreckers to see that they are kept in safe
condition for transporting and hauling disabled vehicles and shall
have the right at all times to inspect all licensed wreckers. If at
any time the Chief of Police or his designee shall find the equipment
inadequate or unsafe, he shall have the power to demand immediate
correction; if not corrected to the satisfaction of the Chief, or
his designee, he shall have the power to revoke or suspend the permit.
The Chief of Police is also hereby authorized and empowered to establish
from time to time such additional rules and regulations, not inconsistent
herewith, as may be reasonable and necessary in carrying out the provisions
of this section.
[1973 Code § 5-12.10; Ord. No.
2-1978]
The Chief of Police shall keep a record of names of all persons
owning or operating wreckers and the date and complete record of inspection
made of them and shall provide the Township Clerk with a copy of such
records.
[1973 Code § 5-12.11; Ord. No.
2-1978; Ord. No. 26-1994; Ord. No. 2-1999; Ord. No. 3-2003 § 1; Ord. No. 4-2010; amended 4-19-2018 by Ord. No. 7-2018]
a.
Charges for transportation, hauling or service of disabled motor
vehicles by an approved wrecker or operator of any approved wrecker
shall not exceed the following rates:
1.
For conveying any passenger automobiles within the Township, a maximum
fee of $105 exclusive of tax. Station wagons, vans, pickup trucks
and panel trucks up to 1 1/2 tons shall be considered the same
as passenger automobiles for the purpose of determining rates. For
conveying any motor vehicle having a gross vehicle weight ("GVW")
between 10,000 pounds to 30,000 pounds, a maximum fee of $150 exclusive
of tax. For conveying a motor vehicle with a GVW between 30,000 pounds
and 80,000 pounds, a maximum fee of $250 exclusive of tax.
2.
If flatbed service is used for towing, an additional $30 will be
charged. If an additional heavy-duty wrecker is used for towing an
additional $250 will be charged. If additional manpower is required,
there shall be an additional charge of $75 per person. If roadside
assistance is required there shall be a charge of $45.
3.
For every day of dead storage, which shall not begin until after
the first 12 hours of storage, the charge will be $30 per day for
a passenger vehicle having a GVW under 10,000 pounds; $50 per day
for a vehicle with a GVW between 10,000 pounds and 30,000 pounds;
and $75 per day for a vehicle with a GVW between 30,000 pounds and
80,000 pounds.
4.
The following additional fees may be imposed related to the storage
of vehicles: a) a yard fee of $50, b) an administrative fee of $30,
c) an after-hours release fee of $35, and d) a no-key charge of $80.
5.
Waiting time for wreckers; a flat rate of $45 per half-hour will
be charged. Winching/recovery time shall be charged at $130 for the
first half hour and $150 per half hour thereafter. Waiting time and/or
winching time charges shall not begin until 1/2 hour after the time
of arrival of the wrecker at the scene and shall be prorated into
quarter hours. Waiting time and winching time shall not be individually
charged for the same period. The charge for cleanup at the scene will
be a flat fee of $40.
6.
The charge for towing of police vehicles and/or tire changes will
be $25.
b.
Every owner of a wrecker shall give the owner of the vehicle a written
receipt for the fee paid. Copies of receipts shall be maintained by
the owner of the wrecker for two years and available for inspection
by authorized Township Officials.
c.
The Township Council shall review this section every other year.
[1973 Code § 5-12.12; Ord. No.
2-1978]
a.
All companies on the towing list shall maintain a record regarding
all vehicles impounded or towed at the request of the Police Department.
This record shall be made available to any Police Officer for inspection
upon request and shall contain the following information:
1.
The date, time, location, and name of the wrecker driver who towed
the vehicle at the Department's request.
2.
The name of the Police Officer who requested the vehicle be impounded.
3.
The physical location of the vehicle after being towed.
4.
Identification of the impounded vehicle including make, year, model,
color, vehicle identification number, license number, and name of
registered owner if known.
b.
A vehicle impounded by the Police shall not be released without a
written order from the Police Department. A written record shall be
kept or maintained by the towing service indicating the name of person
releasing the vehicle, the type of proof of ownership presented, and
the name of the person receiving such vehicle.
The towing company shall obtain proper proof of ownership and
identification prior to the release of any vehicle. Release of any
vehicle to an unauthorized person by the towing company shall result
in liability against such company.
[1973 Code § 5-12.13; Ord. No.
2-1978; Ord. No. 26-1994]
a.
Wreckers performing towing service under these regulations shall
perform on a rotating basis. The Chief of Police is hereby authorized
to establish a system of rotation in the assignment of wreckers in
the area. Wreckers shall be assigned from the rotating list only.
No person shall respond to the scene of an accident except upon notification
by the officer in charge of Police headquarters or upon request of
the driver or owner of the disabled vehicle.
b.
Additional rules and regulations regarding the rotation of wreckers
as may be promulgated hereunder by the Chief of Police shall take
effect immediately after service of a copy thereof to all permit holders
for wreckers in the Township, which may be made by addressing same
to the permit holders by mail at their last known addresses.
[1973 Code § 5-15.1; Ord. No. 19-1996; Ord. No. 3-1997]
It is hereby determined, decided and declared there exists within
the Township a recognized amusement park, as defined under N.J.A.C.
13:3-1.1, located on the property designated as lot 1/1 in block 227/231
as shown on the official tax map of the Township of Aberdeen with
a common address of 111 Highway 35 South, Cliffwood, New Jersey, and
which is the current site of the establishment known as "Fun Time
America". An amusement arcade may be permitted as a conditional use
at a recognized amusement park.
[1973 Code § 5-15.2; Ord. No. 19-1996]
It shall be unlawful for any person to own or operate within
this municipality any amusement game or games as the amusement games
are of skill or chance, or both, and whether the amusement game or
games are placed and operated with or without numbers, symbols or
figures without having first obtained a proper license from the Township
Council. The license shall be issued subject to the provisions of
the Amusement Games Licensing Law, N.J.S.A. 5:8-78 et seq. and the
Revised Amusement Games Regulations promulgated by the Office of Amusement
Games Control, Department of Law and Public Safety of the State of
New Jersey.
[1973 Code § 5-15.3; Ord. No. 19-1996]
Each applicant for such a license shall file with the Township
Clerk a written application in duplicate therefor. The application
must be in the form prescribed by the Commissioner of Amusement Games
Control and must comply with all of the requirements as specifically
set forth in N.J.S.A. 5:8-102 and any amendments and supplements thereto
and any additional requirements as may be promulgated by the Amusement
Games Control Commissioner of the State of New Jersey.
[1973 Code § 5-15.4; Ord. 19-1996]
a.
The Township Council may require any applicant or shareholder, director
or officer of any applicant corporation to be fingerprinted as a condition
to the issuance of the license or employment by a license.
b.
Any fees for fingerprinting or any other investigation shall be paid
for by the applicant.
c.
Each employee of the licensee shall be issued as identification card.
[1973 Code § 5-15.5; Ord. No. 19-1996]
a.
Upon proof of compliance with all applicable requirements, the Township
Council shall authorize the issuance of a license by resolution, the
license to be effective for a term of one year commencing with date
of issuance and terminating on December 31 of each year. The resolution
shall specifically recite that the premises to be licensed are located
in a recognized amusement park in the municipality. A certified copy
of the resolution shall be transmitted, together with a copy of the
application and license certificate issued, to the Commissioner of
Games Control.
b.
License Certificate.
1.
Each license certificate shall be issued is triplicate, the original
to be delivered to the applicant, with one copy to the Commissioner,
as aforesaid, and the additional copy to be retained by the Township
Clerk.
2.
Each license shall indicate (a) the name of the licensee; (b) the
address of the licensed premises; (c) the name or description of the
kind of game licensed; (d) the amount of fee paid; and (e) a statement
of the dates between which and the hours between which such game may
be conducted.
c.
Each license shall be conspicuously displayed at the place or places
where the game is to be conducted at all times during the conduct
thereof.
d.
The Township expressly reserves the right to license amusement games
other than the ones described herein and to establish fees therefor
for use in the area designated in accordance with the requirements
set forth in this section. The game hereinafter licensed shall be
incorporated herein by reference thereto.
[1973 Code § 5-15.6; Ord. No. 19-1996]
a.
No application for the issuance of a license shall be refused by
the Township Council until after a hearing is held on due notice to
the applicant, at which the applicant shall be entitled to be heard
upon the qualifications of the applicant and the merits of the application.
b.
Any license issued under this section may be amended, upon application
made to the Township Council, if the subject matter of the proposed
amendment could lawfully and properly have been included in the original
license and upon payment of such additional license fee, if any, as
would have been payable if it had been so included.
c.
No license issued pursuant to this section shall become operative
unless and until the licensee named therein shall have procured a
State license from the Commissioner of Amusement Games Control.
[1973 Code § 5-15.7; Ord. No. 19-1996]
a.
The Township Council shall have and exercise control and supervision
over all amusement games held, operated or conducted under such license
with all the powers authorized or granted to it under the Amusement
Games Licensing Law and all amendments and supplements thereto.
b.
The Chief of Police may inspect or cause to be inspected any place
or building in which amusement games or services are operating.
c.
Amusement games and devices shall be kept and placed in plain view
of any person or persons who may frequent and be in any place or place
of business where such devices or games are used and licensed.
d.
Nothing in this section shall be construed to authorize or license
any gambling device or game not specifically permitted by the laws
of the State of New Jersey.
e.
No gambling between participants in any amusement games or the users
of any amusement devices shall be permitted at any time.
[1973 Code § 5-15.8; Ord. No. 19-1996]
Any person, who shall make any false statement in any application
for such license, or shall fail to keep such adequate and proper books
and records as shall fully and truly record all transactions connected
with the holding, operating or conducting of amusement games under
such license, or shall falsify or make any false entry in any books
or records so far as they relate to any transaction connected with
the holding, operating and conducting of any amusement game under
any such license, or shall violate any of the provisions of this section
of the Amusement Games Licensing Law, N.J.S.A. 5:8-78 et seq., or
of any of the terms of such license, shall be a disorderly person
and if convicted as such, shall, in addition to suffering any other
penalties which may be improved forfeit any license issued to it under
this section.
[1973 Code § 5-15.9; Ord. No. 19-1996]
a.
There shall be issued to an applicant who shall qualify a separate
license, for each place at which the licensee is authorized to hold,
operate and conduct such amusement games. The annual license fee for
each such place shall be the sum of one hundred ($100.00) dollars.
b.
A separate license shall be issued for each kind of amusement game
authorized to be held, operated and conducted on the licensed premises
by the licensee. All amusement games certified by the New Jersey State
Legalized Gaming Commission shall be permitted to be operated at the
licensed premises. There shall be a ten ($10.00) dollar license fee
for each license issued under each of the following certifications
as provided in N.J.A.C. 13:3-7.9. The certifications are as follows:
1.
Certification No. 1. Throw games wherein a single player upon payment
of fees is furnished a number of balls, hoops, darts or other objects,
or uses his own coins to be hand thrown or propelled at, into or upon
targets, with prizes awarded according to results achieved;
2.
Certification No. 2. Arcade games wherein a single player upon payment
of a fee is permitted to play a machine or device to obtain a prize
or attain a score upon the base of which a prize is awarded;
3.
Certification No. 3. Non-draw raffle games wherein a single player
upon payment of fee is permitted to make a blind selection of the
object from a number of objects, the object selected being the prize
won or indicating the prize won;
4.
Certification No. 4. Competitive games wherein several players upon
payment of a fee are permitted to compete against each other for a
prize to be awarded to the player who first achieves the required
result;
5.
Certification No. 5. A game of chance incorporating: (i) a laydown
board marked in segments bearing numbers, names or symbols whereon
the player or players place the entry fee as an indication of choice
of expected winner; (ii) electrical push button switches or similar
devices approved by the commissioner at each segment on the board
which enable any player to start or deactivate the game; (iii) a moving
indicator powered and driven by an electric motor which may be activated
and deactivated by any player by means of the switches provided; and
(iv) an arrangement of numbers, names or symbols corresponding to
those on the laydown board to one of which the moving indicator points
when it stops after exhausting its momentum following deactivation
of the motor provided, however, the mechanism may not incorporate
any clutch, break or timing device except a timing device which renders
all of the stops which is inoperative for a short period of time after
any starting switch is activated, nor may the electric motor be activated
or deactivated by anyone other than a player or players;
6.
Certification No. 6. Guessing games wherein a single player upon
payment of fee is entitled to win a prize in the event the operator
is unable to guess, within announced limits, the weight or age of
the player, generally known as Guess Your Weight Game and Guess Your
Age Game;
7.
Certification No. 7. A game wherein a single player upon payment
of a fee is entitled to win a prize in the event that within a permitted
number of tries he rings a bell or gong a required number of times
by striking with a mall one end of a horizontal level arm the other
end of which propels a weight upward long a vertical wire at the top
of which the bell or gong is located;
8.
Certification No. 8. Miscellaneous skill games wherein a single player
upon payment of a fee is entitled to use a physical skill to attain
a predetermined goal for which a prize is awarded;
9.
Certification No. 9. A game of chance incorporating a laydown board
marked in segments bearing numbers, names or symbols wherein the player
or players place the entry fee as an indication of the choice of expected
winner, which is determined by a nonelectrical and nonmechanical device,
set in motion by a player or players, coming to rest.
c.
Upon the issuance of a license(s) for the above certifications, licensee
shall be entitled to conduct such amusement games as authorized by
the State under each such certification which licensee has obtained
a license.
[1973 Code § 5-15.10; Ord. No.
19-1996; Ord. No. 3-1997]
As used in this section:
shall mean a building or portion thereof used to house rides
for children and young adolescents, electronic video games, pinball
and/or virtual reality games, indoor miniature golf and/or amusement
games of skill and chance.
shall mean any game or amusement which is authorized under
the provisions of the Amusement Games Licensing Law, N.J.S.A. 5:8-78
et seq.
as used herein, shall mean any building, structure and/or
any place of amusement operated upon a lot or plot of ground in the
open area, permanent in its nature, and operated by private enterprise
for profit during the entire year, or any part thereof, whether admission
is charged to enter or not.
[1973 Code § 5-15.11; Ord. No.
19-1996]
a.
The provisions of this section shall not apply to any carnival, fair
or other activity held on an annual basis by a nonprofit group or
organization wherein amusement games, structures or rides are installed
or used on a temporary basis.
b.
Baseball, football and basketball games, entertainment or lecture
courses by civic bodies and fire companies of Aberdeen Township, the
expense of which are guaranteed by the residents of Aberdeen, are
excepted from the requirements of this section.
c.
This section shall not be applicable to any amusement games when
the net proceeds are for the benefit of any charitable, fraternal,
religious and/or nonprofit organization located within Aberdeen Township
or when given by the pupils of any school within Aberdeen Township,
the proceeds of which are to be used for educational purposes.
[1973 Code § 5-15.12; Ord. No.
19-1996]
All licenses issued under this section shall expire on December
31 annually.
[1973 Code § 5.15.13; Ord. No.
19-1996]
Any person violating any of the provisions of this section shall be liable, upon conviction, to the penalty stated in Section 1-5. This penalty shall be in addition to the powers of suspension or revocation of any such license as provided herein.
[1]
Editor's Note: The general power to license and prescribe
license fee is contained in N.J.S.A. 40:52-1 et seq. Licensing is
also a part of the general police power granted by N.J.S.A. 40:69A-29,
30. Taxicabs must also comply with the requirements of N.J.S.A. 48:16-1
et seq.
[1973 Code § 8-1; Ord. 3/1/76 § 1]
As used in this section:
is the practice of driving about the streets of the Township
with a taxicab so as to solicit passengers or to bring the presence
of the taxicab to the attention of prospective passengers. Driving
a taxicab along the streets of this Township for any purpose other
than transporting a passenger going to a definite destination by the
most direct route or in response to a call for a taxicab by a prospective
passenger or returning by the most direct route to the taxicab's
home, terminus or hack stand after discharging a passenger or going
to or from the terminus or hack stand to the driver's home by
the direct route shall be prima facie evidence of cruising.
shall mean any person who drives a taxicab within this Township.
(of a taxicab) shall mean transporting in such taxicab one
or more persons for hire along any of the streets in this Township.
Accepting a passenger being transported for hire within this Township
from a point within this Township to a point outside of the Township
limits or discharging a passenger transported for hire from a point
outside of the Township limits shall be deemed to be operation of
a taxicab within the meaning hereof. The operation of a taxicab in
any of the above described manners by one other than the owner shall
be deemed operation by the owner thereof as well as by the person
actually driving the same. The transportation of any person other
than the owner or driver in any motor vehicle bearing a sign therein
or thereon using the words taxi, taxicab, cab or hack shall be prima
facie evidence of operation.
shall mean any person in whose name title to any taxicab
is registered with the New Jersey Department of Motor Vehicles or
who appears in such records to be the conditional vendee or lessee
thereof.
shall mean and include any automobile or motor car, commonly
called taxi, engaged in the business of carrying passengers for hire
which is held out, announced or advertised to operate or run or which
is operated or run over any of the streets within the Township and
which accepts passengers for transportation from points or places
to points or places within or without the Township.
[1973 Code § 8-2]
No person shall operate any taxicab within the Township unless
both the taxicab and the driver are licensed pursuant to this section
and conform to all the provisions hereof.
[1973 Code § 8-3]
There shall be established two classes of taxicab licenses to
be known as Taxicab Driver's License and Taxicab Owner's
License respectively.
a.
Taxicab Driver's License. A taxicab driver's license shall
entitle the person named therein to operate within the Township any
taxicab duly licensed hereunder until the license either expires or
is surrendered, suspended or revoked and shall not be transferable.
b.
Taxicab Owner's License. A taxicab owner's license shall
entitle the taxicab therein described to be operated in the Township
by a driver duly licensed hereunder until the license either expires
or is surrendered, suspended or revoked and shall not be transferable.
[1973 Code § 8-4; Ord. No. 52-2005 § 2]
a.
Personal Information. All applications for the issuance or renewal
of any license of either class shall be made to the Township Council
in duplicate on forms adopted by the Council and obtained from the
Township Clerk and designed to elicit information respecting the identification,
responsibility and law-abiding habits of the applicant.
b.
Filing of Application. Each applicant for a license of any class
shall supply the information requested on the application in full
and verify the correctness thereof by his oath or affirmation and
thereafter file the completed applications with the Township Clerk
together with the full amount of the proper fee. The Township Clerk
shall thereupon notify each Council member in writing, of the name
and address of the applicant and the type of license sought and shall
post notice after such application in at least one public place in
the Township.
c.
Photograph of Applicant. Each applicant for a taxicab driver's
license shall file with his application two photographs each three
and one-half inches by three and one-half inches (3.5 x 3.5) in size,
clearly depicting the facial features of the applicant, which shall
thereupon become the property of the Township and be retained with
the application form unless the application shall be issued in which
event one of such photographs shall be permanently affixed to the
license card in a space provided thereon.
d.
Fingerprinting. Every applicant for a taxicab driver's license
shall, at the time of filing his application, be fingerprinted by
the Township Police Department unless fingerprints are already on
file elsewhere; an impression of such fingerprints shall thereupon
be forwarded forthwith by the Police Department to the Bureau of Identification
of the New Jersey State Police for a report of applicant's criminal
record which report when received shall be permanently affixed to
the application before consideration thereof by the Township Council.
e.
Expiration Date. Any license issued pursuant to the terms of this
section shall expire at midnight on December 31 of the year in which
it was issued unless sooner surrendered, suspended or revoked.
f.
Number of Licenses to Be Issued. The number of any licenses of either
class at any one time issued and outstanding shall not exceed such
number as the Township Council shall in its discretion deem sufficient
adequately to serve public necessity and convenience.
g.
License Fees.
1.
Taxicab Driver's License Fee. The annual fee for each taxicab
driver's license hereafter issued or any renewal thereof shall
be fifty ($50.00) dollars for each year or portion of a year for which
the license is issued or renewed.
2.
Taxicab Owner's License Fee. The annual fee for each taxicab
owner's license issued or renewed shall be one hundred ($100.00)
dollars for each year or portion of a year for which the license is
issued or renewed.
3.
Refunds. Such fees shall not be prorated nor any part thereof refunded
for any reason except that upon the denial of an application for issuance
or renewal of a license by the Township Council ninety (90%) percent
of the fee deposited shall be returned to the applicant and ten (10%)
percent shall be retained by the Township as compensation for investigation
of the application.
[1973 Code § 8-5]
Every applicant for a taxicab owner's license shall together
with his application submit an insurance policy of a company duly
licensed to transact business under the insurance laws of this State
conditioned for the payment of a sum of not less than $100,000.00
to satisfy all claims for damages, by reason of bodily injury to or
the death of any one person, resulting from an accident, and a sum
of not less than $300,000.00 to satisfy all claims for damages by
reason of the bodily injuries to, or the death of, all persons, on
account of any such accident, by reason of the ownership, operation,
maintenance, or use of such taxicab upon any public street; and conditioned
for the payment of a sum not less than $50,000.00 to satisfy any claim
for damages to property of any one person, resulting from an accident
and a sum not less than $50,000.00 to satisfy all claims for damages
to property of all persons, on account of any such accident, by reason
of ownership, operation, maintenance, or use of such taxicab upon
any public street.
[1973 Code § 8-6]
The Township Council may, in its discretion, refuse to issue
or renew or may, after notice and hearing, revoke or suspend:
a.
Any license of either class if the applicant for the license has
been once convicted of a crime in this or any other jurisdiction,
or convicted of being a disorderly person or of a violation of Title
39 "Motor Vehicles and Traffic Regulation" of the Revised Statutes
of New Jersey, or who violates any provision of this section or has
any judgment unsatisfied of record against him arising out of an automobile
accident or who has made false answers in his application for such
license or any renewal thereof or who has failed or fails to render
reasonably prompt, safe and adequate taxicab service or who has not
complied fully with all requirements of this section for such class
of license.
b.
Any taxicab driver's license if the licensee or applicant has
in any degree contributed to any injury to person or damage to property
arising out of negligent operation of a motor vehicle; or has any
communicable or contagious disease.
c.
Any taxicab owner's license if the motor vehicle licensed or
to be licensed by reason of unsafe or unsanitary condition is dangerous
to the safety or health of the occupants or others or if the policy
of insurance required herein has once lapsed, or such coverage has
not been maintained at all times.
[1973 Code § 8-7]
a.
Fares. The following rules shall apply.
1.
No taxicab shall hereafter be operated in this Township unless and
until there is prominently displayed in the interior thereof within
the full view and access of any passengers therein a complete list
of fares, charges or tariff rates charged for transportation of passengers,
which shall be those to be charged any passengers so transported.
2.
The Township Council shall have the right, pursuant hereto, to adopt
resolutions establishing zones or districts within the Township limits
as it may from time to time deem desirable or necessary, for the purpose
of prescribing or fixing maximum or minimum charges which may be made
within the area or within the districts for such taxicab service.
b.
Display of License Card. Each applicant granted a taxicab driver's
license shall be issued a license card in evidence thereof in a form
approved by Township Council and signed by the Township Clerk in its
behalf; such license card shall at all times be prominently displayed
and adequately protected in the interior of any taxicab operated by
the licensee so that the face thereof shall be at all times in the
full view of and plainly legible to any passenger seated in the rear
seat of such taxicab; the license card shall at all times be and remain
the property of the Township and at the discretions of the Township
Council shall at any time be surrendered to the Township Clerk. No
taxicab driver's license card other than that of the licensee
actually operating the cab at the time shall be displayed therein.
c.
Taxi Signs. Every taxicab so licensed shall have painted on both
sides thereof the words taxi or cab in letters at least six (6) inches
high, the name of the operating owner containing the words taxi, cab,
and taxicab or an electric sign affixed to the top of the motor vehicle
in clear view from all sides bearing the words taxi, cab or taxicab.
d.
Trip Record. The owner of each taxicab so licensed shall keep or
cause to be kept a written daily record of each trip made by the taxicab
showing the date, time and place the cab was engaged, the place and
time of discharge of the passenger, the number of passengers carried,
the fare received, distance carried, a statement of receipts and expenditures
and the taxicab driver's license number of the person driving
the cab on the trip. Such records shall be subject to inspection by
the Police Department or the Township Council at their discretion.
There shall also be reported to the Township Clerk the happening of
an accident involving such taxicab or the loss of property left in
the taxicab by a passenger within twenty-four (24) hours after such
event.
e.
Receipt Book. The operator of each taxicab shall at all times have
available a suitable cash receipt book to write out, sign and give
to any passenger requesting the same a written receipt in the amount
of the fare paid.
f.
Inspection. The owner and operator of each taxicab operating in the
Township shall keep his taxicab in good running order so that it makes
a presentable appearance and affords comfortable safe rides to passengers,
free from mechanical defects, loose fenders, dents, loose doors, broken
or soiled upholstery and broken or cracked glass. The owner and operator
of each taxicab operating in the Township shall present his taxicab
to the Chief of Police or other designated officer prior to the issuance
or renewal of his license and thereafter upon request of the Chief
of Police or other designated officers so that it may be inspected
to determine whether it complies with the provisions of this subsection.
g.
Additional Rules To Be Added. The Township Council may by resolution
make such general rules and regulations and such special findings
and rulings as may be necessary for the proper regulation and control
of the operation of taxicabs in the Township and enforcement of this
section, in addition thereto and not inconsistent therewith and may
alter, amend, repeal and publish the same from time to time.
h.
Violations; Penalty. The violation by the taxicab owner or the taxicab
driver of any rules, regulations, special findings and rulings which
are promulgated by the Township Council and included in a resolution
adopted by the Township Council, shall be sufficient cause for revocation
of any license granted to such taxicab owner or taxicab driver pursuant
to this section and shall be sufficient cause for the refusal by the
Township Council to renew such license in addition to any and all
other grounds heretofore specifically mentioned in this section. This
shall be in addition to any other penalty elsewhere provided in this
revision.
[Ord. No. 17-2009]
Notwithstanding any other provision of law to the contrary,
no person shall place, use, or employ a clothing donation bin within
the Township for solicitation purposes unless all of the following
requirements are met:
a.
The clothing donation bin is owned or sponsored by a voluntary emergency
service organization ("voluntary organization") registered pursuant
to P.L. 1994, c. 16 (N.J.S.A. 45:17A-18 et seq.) or is sponsored by
any department of the Township;
b.
The registered voluntary organization has obtained a permit, valid
for a twelve-month period, from the Township's Zoning Officer
in accordance with the following:
1.
In its application for such a permit, the registered voluntary organization
shall indicate:
(a)
The location where the bin is currently situated or proposed
to be situated which location shall be on the property owned by the
voluntary organization;
(b)
The manner in which the voluntary organization anticipates any
clothing or other donations collected via the bin would be used, sold,
or dispersed and the method by which the proceeds of collected donations
would be allocated or spent;
(c)
The name and telephone number of the bona fide office of the
voluntary organization and any entity which may share or profit from
any clothing or other donations collected via the bin.
2.
The Zoning Officer shall not grant a permit to place, use or employ
a clothing donation 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 clothing donation bin within
one hundred (100) yards of any place which stores large amounts of,
or sells, fuel or other flammable liquids or gases.
3.
The Zoning Officer shall impose a fee for such application, in the
amount of twenty-five ($25.00) dollars annually for each bin to offset
the costs involved in enforcing this section.
4.
An expiring permit for a clothing donation bin may be renewed upon
application for renewal and payment of the applicable annual fee.
Such application for renewal shall include information detailing:
(a)
The location where the bin is situated, and, if the person intends
to move it, the new location where the bin would be situated after
the renewal is granted.
(b)
The manner in which the voluntary organization has used, sold,
or dispersed 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 voluntary organization anticipates
it may make in the processes during the period covered by the renewal;
and
(c)
The name and telephone number of the bona fide office of the
voluntary organization and 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.
5.
The permit number and its date of expiration shall be clearly and
conspicuously displayed on the exterior of the clothing donation bin
in addition to the information required pursuant to paragraph d. of
this subsection.
c.
The voluntary organization, and any other entity which may share
or profit from any clothing or other donations collected via the bin,
maintains a bona fide office where a representative of the voluntary
organization or other entity, respectively, can be reached at a telephone
information line during normal business hours for the purpose of offering
information concerning the voluntary organization or other entity.
For the purposes of this subsection, an answering service unrelated
to the voluntary organization does not constitute a bona fide office.
d.
The following information shall be clearly and conspicuously displayed
on the exterior of the clothing donation bin:
1.
The name and address of the registered voluntary organization that
owns or is the sponsor of the bin, and any other entity which may
share or profit from any clothing or other donations collected via
the bin;
2.
The registered voluntary organization's charitable registration
number;
3.
The telephone number of the registered voluntary organization'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 donation collected via the bin.
4.
In cases when any entity other than the entity which 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 entity which owns the bin, and identifying
all such entities which may share or profit from such donations; and
5.
A statement, consistent with the information provided to the Township
in the most recent permit or renewal application indicating the manner
in which the entity anticipates any clothing or other donations collected
via the bin would be used, sold, or dispersed, and the method by which
the proceeds of collected donations would be allocated or spent.
[Ord. No. 17-2009]
It shall be the duty of each registered voluntary organization
issued a permit hereunder to properly maintain and service any clothing
donation bin placed within the Township so as to prevent such clothing
bin from creating a nuisance, hazardous or unsafe condition.
[Ord. No. 17-2009]
The Zoning Officer or other person designated by the Township
as a person authorized to enforce the provisions of this section shall,
upon receipt of a complaint by a local resident or any other person
that a clothing donation bin is causing a nuisance, hazardous or unsafe
condition, investigate such complaint and take such enforcement action
as is permitted pursuant to N.J.S.A. 40:48-2.62 and N.J.S.A. 40:48-2.63.
The Zoning Officer shall not be authorized to issue more than eight
(8) total clothing donation bin permits within the Township, and no
more than two (2) at any given site.
[Ord. No. 17-2009]
Any licensee who violates any provision of this section and
fails to cure such violation within forty-eight (48) hours of notice
of such violation shall be subject to the following penalties, in
addition to those penalties and remedies set forth in N.J.S.A. 40:48-2.62
and 40:48-2.63:
[Ord. No. 17-2009]
The owner of any clothing donation bin which is sponsored by
any department of the Township shall be required to comply with the
licensure requirements hereof, but shall specifically be exempt from
the fee requirement hereof.
[Amended 10-6-2015 by Ord. No. 14-2015]
a.
The purpose and intent of this section is to assist law enforcement
officials and victims of crime in recovering stolen precious metals
and other secondhand goods by requiring minimum identification, reporting,
maintenance, and distribution criteria for licensed dealers in these
goods.
b.
No person shall use, exercise, or carry on the business, trade, or
occupation of the buying, selling, or pawning of precious metals or
other secondhand goods without complying with the requirements of
this section in the exact manner described herein.
As used in this section, the following terms shall have the
meanings indicated:
A current valid New Jersey driver's license or identification
card, a current valid photo driver's license issued by another
United States state, a valid United States passport, or other verifiable
United States government-issued identification, which will be recorded
on the receipt retained by the dealer and subsequently forwarded to
the local police department on request.
An order issued by a police officer to hold on-site certain
merchandise obtained through a transaction covered under this section,
and not to dispose of said property until a police investigation is
completed and the property hold is released.
Any person, partnership, limited liability company, corporation,
or other entity who, either wholly or in part, engages in or operates
any of the following trades or businesses: the buying for purposes
of resale of precious metals, jewelry, or other secondhand goods as
defined herein; pawnbrokers as defined herein; itinerant businesses
as defined herein. For the purposes of this section, transient buyers,
as defined herein, are subject to the same licensing and reporting
requirements as any other dealers.
A dealer who conducts business intermittently within the
municipality or at varying locations.
The statutory officer whose duties are defined in N.J.S.A.
40A:9-133 and may refer to the duly appointed clerk of the city, town,
township, village, or borough.
Any person, partnership, association or corporation: lending
money on deposit or pledge of personal property, other than choses
in action, securities, or printed evidences of indebtedness; purchasing
personal property on condition of selling it back at a stipulated
price; or doing business as furniture storage warehousemen and lending
money on goods, wares or merchandise pledged or deposited as collateral
security.
Gold, silver, platinum, palladium, and their alloys as defined
in N.J.S.A. 51:5-1 et seq. and 51:6-1 et seq.
Individuals and retail sellers, not to include wholesale
transactions or transactions between other merchants.
Every transaction conducted between a dealer and a member
of the public in which precious metals, jewelry, or any other secondhand
goods as defined herein are purchased or pawned.
Used goods such as antiques, gold, silver, platinum, or other
precious metals, jewelry, coins, gemstones, gift cards, any tools,
telephones, typewriters, word processors, GPS devices, computers,
computer hardware and software, television sets, radios, record or
stereo sets, electronic devices, musical instruments, sporting goods,
automotive equipment, collectibles, game cartridges, DVDs, CDs, and
other electronically recorded material, firearms, cameras and camera
equipment, video equipment, furniture, clothing, and other valuable
articles. For the purposes of this section, "secondhand goods" shall
not include goods transacted in the following manner: i) judicial
sales or sales by executors or administrators; ii) occasional or auction
sales of household goods sold from private homes; iii) auctions of
real estate; iv) the occasional sale, purchase, or exchange of coins
or stamps by a person at his permanent residence or in any municipally
owned building who is engaged in the hobby of collecting coins or
stamps and who does not solicit the sale, purchase, or exchange of
such coins or stamps to or from the general public by billboard, sign,
handbill, newspaper, magazine, radio, television, or other form of
printed or electronic advertising.
A member of the public who sells or pawns used goods such
as precious metal, jewelry, or other secondhand goods to a dealer.
A dealer, as defined herein, who has not been in a registered
retail business continuously for at least six months at any address
in the municipality where the dealer is required to register or who
intends to close out or discontinue all retail business within six
months.
a.
No person, partnership, limited liability company, corporation, or
other entity shall engage in the business of buying, selling, or pawning
of precious metals or other secondhand goods, as defined above, within
the jurisdiction of the municipality, without having first obtained
a license therefor from the Municipal Clerk, which license shall bear
a number issued by the Municipal Clerk. The application for a license
to the Municipal Clerk shall set forth the name, date of birth, and
address of the dealer, whether or not he or she is a citizen of the
United States, and whether or not he or she has ever been convicted
of any crime(s), disorderly person's offense(s), or municipal
ordinance violation(s), and the date(s) thereof, along with information
pertaining to the structure and history of the business to be licensed.
b.
Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in § 4-18.2 above are being bought in any location within the municipality shall constitute engaging in business as a dealer of secondhand goods for purposes of this chapter. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this section and shall be subject to the penalties established in § 4-18.9.
c.
This section shall not apply to purchases made by dealers from wholesalers or other legitimate suppliers, but shall only apply to those purchases made from the public which includes other retailer sellers as defined in § 4-18.2. The dealer shall keep records of all wholesale purchases for a period of six months from the date of such purchase, which records shall be opened to investigation by the Aberdeen Township Police Department, or any sworn law enforcement officer in the performance of their duties.
d.
The following are exempt from the requirements of this section:
1.
Garage sales: As used in this section, a "garage sale" is defined
as the sale of used personal property by the lawful residents of residentially
zoned property that is not conducted on a periodic or ongoing basis.
A garage sale shall be deemed to be periodic or ongoing if a garage
sale is held by the lawful resident of residentially zoned property
more than five days in any consecutive ninety-day period;
2.
Sales conducted by governmental, civic, patriotic, fraternal, educational,
religious or benevolent organizations which have been in active and
continuous existence for at least one year prior to the holding of
the sale, or which are incorporated as a not for profit corporation
by the state;
3.
Sales or purchases which are regulated by the licensing laws of the
State of New Jersey, including automobile dealers, used parts dealers
and automotive parts recyclers;
4.
Antique dealers: As used in this section, an "antique dealer" is
defined as one who derives 75% of his/her gross sales each year from
the sale of antiques and/or primitives. As used in this section, an
"antique" or "primitive" is defined as an old and valuable art object
or article no longer in production that is at least 50 years old.
As used in this section, the term "sale" does not include an exchange,
trade, or swap of items.
a.
Upon receipt of an application completed pursuant to this section
the Municipal Clerk shall refer such application to the Chief of Police,
who shall make an investigation of the prospective licensee, pursuant
to this chapter for the purpose of determining the suitability of
the applicant for licensing. The investigation shall include, but
shall not be limited to the following:
1.
The experience of the applicant in the business of purchase and sale of those articles or goods referred to in § 4-18.2 above, although nothing in this section shall be construed to warrant denial of a license solely on the basis of lack of experience;
2.
The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources, which sources shall be
disclosed to the applicant in the event of a denial of any license;
3.
Any criminal record of the applicant including any past convictions
for any crime(s), disorderly persons offense(s), or municipal ordinance
violation(s) within this or any other jurisdiction. The Chief of Police
may, as part of the application process, require a fingerprint criminal
background check through the Federal Bureau of Investigation, Criminal
Justice Information Services Division, which may require an additional
fee from the applicant.
4.
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious metal or other secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business; however, applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by § 4-18.6d of this section will be stored as well as the location where purchased goods will be retained during the mandatory inspection period required under § 4-18.6a.
b.
The Chief of Police shall complete any investigation pursuant to
this section within 30 days of the submission of the application to
the Municipal Clerk, fully completed by the applicant. If a criminal
record check has been requested within the thirty-day period and has
not been received by the Chief of Police within that period, the Chief
of Police may, if all other factors are satisfactory, recommend a
conditional issuance of the license subject to the finding regarding
criminal record.
c.
The Chief of Police shall, upon completion of the investigation,
recommend grant or denial of the license to the Municipal Clerk, who
shall grant or deny the license. Any recommendation of the Chief of
Police shall be in writing and, in the case of a recommendation of
denial, shall state fully and specifically the reasons for said recommendation.
If the Municipal Clerk accepts the recommendation of the Chief of
Police to deny any license, the applicant shall be notified in writing
within 10 days of such denial and the Clerk shall forward to the applicant
a statement of the reason or reasons for such denial.
d.
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in § 4-18.5, the retention and inspection requirements of § 4-18.6, or any other portion of this section. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by § 4-18.8 of this chapter.
e.
Whenever any application for a permit is denied, the applicant shall
be entitled to a hearing before a three-person panel appointed by
the Chief of Police, at which time the applicant shall be permitted
to introduce such evidence as may be deemed relevant to such denial.
Any applicant exercising the right to appeal must file a written notice
of appeal within 10 days of receiving written notice of denial of
a license to act as a dealer of secondhand goods.
f.
No license shall be assignable by the dealer.
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
a.
Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in § 4-18.2.
b.
Require each seller to execute a "declaration of ownership," which
shall contain the following certification: "My signature confirms
that I am the sole legal owner of and am legally authorized to sell
the goods being sold. By signing below I certify that I did not obtain
and do not possess the identified goods through unlawful means. I
am the full age of 18 years and the identification presented is valid
and correct."
c.
Record and issue to each person selling or pawning such goods on
a sequentially numbered receipt:
1.
The name, address, and telephone number of the purchaser, including
the clerk or employee of the licensee making the purchase;
2.
The name, address, date of birth, and telephone number of the seller
or sellers;
3.
A photographed recording of the seller in a format acceptable to
the Chief of Police, along with a physical description of the seller,
including height and weight (approximate), hair color, eye color,
facial hair, if any, etc.;
4.
A photographed recording of the seller's presented acceptable identification, as set forth in § 4-18.2, in a format acceptable by the Chief of Police;
5.
A photographed recording of all items sold in a format acceptable
by the Chief of Police. When photographing, all items must be positioned
in a manner that makes them readily and easily identifiable. Items
should not be grouped together when photographing or imaging. Each
item should have its own photograph;
6.
The receipt number;
7.
A detailed, legible description of the item(s) and the manufacturer
and model of the item(s) if known; in the case of jewelry, the descriptions
must include style, length, color, design, and stones, if any; any
identifying marks, including numbers, dates, sizes, shapes, initials,
names, monograms, social security numbers engraved thereon, serial
numbers, series numbers, or any other information, which sets apart
the particular object from others of like kind;
8.
The price paid for the purchase or pawn of the item(s);
9.
If precious metals, the net weight in terms of pounds Troy, pennyweight
(Troy) or kilograms/grams; fineness in terms of karats for gold, and
sterling or coin for silver, in accordance with N.J.S.A. 51:5-1, and
51:6-1 et seq.;
10.
The time and date of the transaction.
d.
The information outlined in Subsection c above must additionally be electronically documented through the use of an electronic database system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this section and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized police officer or any sworn law enforcement officer acting in the performance of their duty as set forth in subsection f below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase or receipt of property for pawn or consignment. The information entered must contain all pertinent information outlined in Subsection c above.
e.
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in Subsection c above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this chapter and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in § 4-18.6.
f.
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of precious metals or other secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in § 4-18.6. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where these records and articles will be stored.
a.
All precious metals and other secondhand goods purchased, received for pawn, or received for consignment as described above, are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least seven calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in § 4-18.5 except for jewelry, which must be maintained for at least 10 business days or for the statutory period provided in N.J.S.A 2C:21-36(d). All precious metal or other secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the seven-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are being held.
b.
Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by § 4-18.5b upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c.
If market conditions would create a hardship on the dealer by holding
precious metals or other secondhand goods for such period, the dealer
may present the property to the Chief of Police in order that it may
be photographed and, if deemed necessary by the Chief of Police, an
investigation may be implemented. The Chief of Police shall have the
authority to grant the dealer a waiver of the requirement under this
section.
d.
In addition to all other reporting requirements, every dealer shall maintain for at least five years a written record of all purchases of precious metals and other secondhand goods in the form prescribed in § 4-18.5c.
e.
No dealer shall purchase any item covered by this chapter from any
person under the age of 18 or in the absence of providing prior notification
of such purchase to the Chief of Police or business designee identifying
the individual from whom such purchase is to be made and the item
to be purchased.
f.
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate there under. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to § 4-18.9 of this chapter.
1.
Grounds for suspension. The following shall constitute grounds for
suspension: violation of any provisions of this section, including
failure to comply with any training or fees associated with the electronic
database software system in use by the municipality; violation of
any other statute, regulation, or local ordinance; or any other illegal,
improper, or fraudulent activity.
2.
Procedure for suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police or a designee thereof shall issue a written notice of suspension of license to the offending dealer and to the Municipal Clerk, which shall set forth the grounds for the suspension and notify the dealer of his or her right to appeal pursuant to Subsection h. A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease engaging in the business of purchasing for resale, receiving for pawn, and/or selling of precious metals and/or other secondhand goods in the municipality until reinstatement.
3.
Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or the Chief's designee, been cured, corrected, or appropriately rectified; or if reinstatement is deemed appropriate by the three-person panel appointed by the Chief of Police, upon the timely filing of an appeal as provided in Subsection h.
g.
Revocation. A license issued under this section may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or the Chief's designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this chapter. This penalty shall be in addition to any fines and penalties the dealer may incur under § 4-18.9.
1.
Grounds for revocation. The following shall constitute grounds for
revocation: a third violation under this section; a second violation
under this section less than one year after an earlier violation under
this section; conviction for a criminal offense within this or any
jurisdiction; or multiple violations of any other regulations or local
ordinances within this or any jurisdiction.
2.
Procedure for revocation. Upon a determination that appropriate grounds
exist and that a revocation is warranted, the Chief of Police or the
Chief's designee shall so report to the Municipal Clerk in writing.
A temporary suspension will immediately and automatically issue, if
one is not already in effect, pending the outcome of the charge. A
three-person panel, appointed by the Chief of Police, shall review
the stated grounds for revocation and the panel shall issue an appropriate
disposition of suspension, revocation, or reinstatement. If the panel
determines that revocation is the appropriate disposition, it shall
set forth the grounds for the same in writing in the form of a notice
of revocation, which shall be provided to the dealer. The notice shall
advise the dealer of the right to appeal. If the panel determines
that suspension is the appropriate disposition, it shall provide the
dealer with a notice of suspension that shall advise the dealer of
the right to appeal. Following revocation, the dealer must relinquish
his or her license and must immediately and indefinitely cease operating
as a dealer of precious metals or other secondhand goods within the
municipality.
h.
Appeal. Any applicant wishing to appeal an issuance of a suspension
or revocation shall be entitled to a hearing before a three-person
panel, appointed by the Chief of Police, at which time the applicant
shall be permitted to introduce such evidence as may be deemed relevant
to such suspension or revocation. Any applicant exercising the right
to appeal must file a written notice of appeal within 10 days of receiving
written notice of revocation or suspension of license.
i.
A dealer shall have the right to change the location of the licensed
business, provided that he or she notifies the Municipal Clerk, in
writing, of the street address of said new location.
Each dealer covered under this section shall deliver a bond
to the Municipal Clerk executed by the applicant as principal and
executed by a surety company authorized to do business under the laws
of the State of New Jersey as surety. The bond shall be subject to
review and approval by the Municipal Attorney, as defined in N.J.S.A.
40A:9-139, and shall be in the penal sum of $10,000, conditioned for
the due and proper observance of and compliance with the provisions
and requirements of all ordinances of the municipality in force or
which may be adopted respecting the conduct of this business and conditioned
also that the bond shall be and remain for the benefit of any person
or persons who shall have received judgment against the dealer licensed
under this section, which damage shall be established by a judgment
of a court of proper jurisdiction. Said bond shall contain the following
language: "The obligation of this bond shall, in addition to the [party
municipality], be and remain for the benefit of any person who shall
obtain a judgment against obligor as a result of damage sustained
in operation pursuant to any license granted under this chapter."
Said bond shall be kept for a minimum of one year from the date of
issuance of license and must be renewed annually along with the license.
A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this section, is $200. The annual renewal fee for a license is $200. These fees include any costs the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by § 4-18.5d of this chapter. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from the date of its issuance.
Violation of any provision of this chapter by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in § 4-18.6f and g above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in § 4-18.6g. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this chapter.
a.
Any person, partnership, limited liability company, corporation,
or other entity engaging in the business of a pawnbroker, or a dealer
in precious metals or other secondhand goods shall conform to the
provisions of this chapter within 90 days following the effective
date of this section.
b.
All ordinances or parts of ordinances inconsistent herewith are hereby
repealed.
c.
Nothing contained in this section is intended to replace any pre-existing
statutory requirements governing pawnbrokers, as in N.J.S.A. 45:22-1
et seq., the sale of precious metals as in N.J.S.A. 51:6A-1 et seq.,
the sale of secondhand jewelry as in N.J.S.A. 2C:21-36 et seq., or
any other statutory provision regarding any subject matter discussed
herein.
d.
If any section, subsection, sentence, clause, phrase, or portion
of this section is for any reason held to be invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions hereof.
