The general power to license and to 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. 40:72-3 and R.S. 40:48-2.
Prior ordinance history includes portions of 1971 Code §§ 10-1.1 — 10-1.13 and Ordinance No. 94-34.
[1971 Code § 10-1.1; Ord. No. 11-01]
The purpose of this section is to provide a uniform set of procedures for administering the issuance, renewal and revocation of mercantile and other licenses issued by the Borough, except alcoholic beverage licenses and animal licenses and except as may be specified or otherwise provided elsewhere in this chapter.
[1971 Code § 10-1.2; Ord. No. 94-34; Ord. No. 11-01]
All applications for licenses shall be accompanied by the required fee and shall be made to or through the Borough Clerk upon forms provided by him/her. Applications shall contain the information specified by resolution of the Borough Council and may include the following along with any other information deemed necessary or specifically called for by ordinance:
Name and permanent and local address of applicant together with a telephone number of premises of a fixed location and telephone number of owner. If the applicant is a corporation, the name, address and telephone number of the registered agent.
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
If a vehicle is to be used, its description including the license number.
The days of the week and the hours of the day during which the licensed activity will be conducted.
A description of the nature of the business and the goods, property or services to be sold or supplied.
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.
[1971 Code § 10-1.4; Ord. No. 11-01]
Licenses shall be in a form which the Council shall prescribe by resolution, and shall contain the following information:
The name and address of the licensee.
The number and type of the license and the nature of the licensed activity.
The address at which the licensed activity is conducted, if the activity is carried on at a fixed location.
If the licensed activity is conducted from a vehicle, the make, model and license number of the vehicle.
The expiration date of the vehicle.
Any other appropriate information which the Mayor and Council may require by resolution.
[1971 Code § 10-1.5; Ord. No. 11-01]
The Borough Clerk shall keep a record of all licenses issued under this section. The record shall be in a form prescribed by resolution of the Council and shall contain the same information as is required by subsection 4-1.3 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 Mayor and Council may require by resolution.
[1971 Code § 10-1.6; Ord. No. 11-01]
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.
[1971 Code § 10-1.7; Ord. No. 11-01; Ord. No. 2015-19]
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 written approval of the Zoning Official. The fee for the transfer of a license from place to place shall be $5.
[1971 Code § 10-1.8; Ord. No. 11-01]
Except where expressly provided otherwise, all licenses shall expire on December 31 of the year of issue at 12:00 midnight. Application for the renewal of licenses shall be made no later than December 1 of the year of issue.
[1971 Code § 10-1.9; Ord. No. 11-01]
Any license or permit issued by the Borough may be revoked by the Council after notice and a hearing for any of the following causes:
Fraud or misrepresentation in any application for a permit or license.
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
A violation of any provision of this revision.
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.
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.
Whenever a license has been issued immediately upon an application, pending the results of the investigation provided for by this section, such license may be summarily revoked if the result of the investigation is such as would have resulted in denial of the application.
[1971 Code § 10-1.10; Ord. No. 11-01]
Notice of a hearing for the revocation of a license or permit shall be given in writing by the Borough 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 days prior to the date set for the hearing.
[1971 Code § 10-1.11; Ord. No. 11-01]
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 Council shall revoke or suspend the license if they are satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.
[1971 Code § 10-1.12; Ord. No. 11-01]
The Council may issue another license to a person whose license has been revoked or denied as provided in this section if after hearing they are 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.
[1971 Code § 10-1.13; Ord. No. 11-01]
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.
[1971 Code § 10-2.1]
Every person who engages in or carries on any business in the Borough of Matawan as defined in this section who is not required to obtain a license under another section of this chapter or any other ordinances of the Borough shall obtain the general business license and pay the general business license fee provided by this section.
[1971 Code § 10-2.2; Ord. No. 97-34]
Engage or Carry on Business. - For the purpose of this section, any person shall be deemed to be engaged in or carrying on a business and subject to the provisions of this section if, whether as principal or agent, clerk or employee either for himself or any other person, he sells any goods, wares, merchandise, commodities, chattels or any tangible personal property whatsoever, or provides services (other than persons who are duly licensed by the State of New Jersey or other duly constituted licensing authority) at retail, wholesale or both, as hereinafter defined; except that the provisions of this section shall not apply to any corporation which is subject to taxation pursuant to N.J.S.A. 54:31-45 et seq., except as to the sale by any such corporation of electric and gas appliances to be used for the consumption of gas or electricity and held for resale but not for the purpose of production, transmission or distribution of gas or electric energy.
Wholesale or Retail Sales - Shall mean any sales made only to dealers in or vendors of goods, wares, chattels and merchandise; and retail sales shall mean any sales of tangible personal property or services (other than persons who are duly licensed by the State of New Jersey or other duly constituted licensing authority) as above enumerated and described, to the ultimate consumer. Wholesale and retail sales shall include wholesale or retail sales made by a jobber but shall not include sales made by any person of the products or articles of his own growth or manufacture, unless the grower or manufacturer conducts, in effect, a wholesale or retail activity. A contractor, such as a plumber, electrician or builder, who purchases tangible personal property for incorporating it in finished work or otherwise using the same in his business, shall be deemed an ultimate consumer.
[1971 Code § 10-2.3; Ord. No. 01-06]
The initial license fee for each business licensed under this section imposed for revenue shall be the sum of $50 and each annual renewal license fee for each business licensed under this section imposed for revenue shall be the sum of $25.
[1971 Code § 10-3.1]
As used in this section:
- Shall mean any person, whether a resident of the Borough 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.
[1971 Code § 10-3.2; Ord. No. 98-11]
It shall be unlawful for any person to engage in the business of a peddler within the corporate limits of the Borough without first obtaining a license.
Application. Application for a license shall be made to the Council. The forms and the information required thereon shall be established by the Borough Council by resolution.
Applications shall be verified by oath or affirmation. Applications by a partnership shall give the information required for each partner, and shall be verified by all partners. Applications by a corporation shall give the information required for and be verified by all officers and directors and all persons holding more than 10% of the corporation's stock, as well as the corporation itself.
Investigation. The Chief of Police or a Police Officer designated by the Chief shall investigate each application. A report containing the results of the investigation and evaluation, a recommendation by the Chief of Police that the license be granted or denied, and the reasons for the Chief's recommendation shall be forwarded to the Borough Council and a copy of the report shall also be sent to the applicant.
Factors Considered. In determining whether to grant or deny the license, the Borough Council shall take into consideration the following factors:
Issuance of License. The Borough Council shall by resolution grant or deny the license. If the application is approved, the Clerk shall issue the license upon forms established by the Borough Council by resolution.
[1971 Code § 10-3.3; Ord. No. 98-11 § 1]
The license fee for a peddler on foot shall be $10 per year. The license fee for a peddler from a vehicle shall be $25 per year. These fees are for the purpose of raising revenues. No portion of the fees shall be pro-rated for any part of the year.
Renewals. A license may be renewed by the Borough Council without investigation upon the licensee filing with the Municipal Clerk and the Chief of Police a sworn statement stating "that there have been no changes in the information contained in the initial application."
[1971 Code § 10-3.4]
No peddler shall have any exclusive right to any location, nor shall be permitted to operate in any congested area where his operations 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.
[1971 Code Subsection 10-3.5; New; Ord. No. 2015-19]
No person shall sell, offer for sale, hawk or peddle in the Borough any of the items listed in subsection 4-3.1 before 9:00 a.m. prevailing time or after 7:00 p.m.
[1971 Code Subsection 10-3.5; New]
The Borough Clerk shall maintain a list of names and addresses of residents who have determined that peddlers, hawkers and vendors shall not be invited to their respective residence. Any resident shall be included on such list if they complete a form to be so included. The form shall be available at Borough Hall. The list shall be distributed to applicants seeking a license for the purposes mentioned herein. The licensee shall not peddle or hawk at any residence on the list. Any peddler, hawker or vendor who goes upon any premises or rings a doorbell upon or near any door or creates any sound in any manner calculated to attract the attention of the occupant of such residence, when such residence is on the list provided shall be considered to be engaging in uninvited soliciting as set forth in subsection 4-3.6.
[1971 Code § 10-3.6]
It shall be the duty of any Police Officer of the Borough 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.
[1971 Code § 10-3.7]
This section shall not be construed to include:
The delivery of milk, eggs, bread, newspapers or such 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 week.
Federal census takers and polls or surveys taken pursuant to Federal, State or local laws.
Any veteran or volunteer firefighter 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 sections of this chapter.
[1971 Code § 10-3.8]
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 County Health Officer. Any violation found and not immediately corrected shall be grounds for revocation of the license.
[1971 Code § 10-4.1]
As used in this section:
- Shall mean a person, also known as a canvasser, whether resident of the Borough 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. Any person taking a poll or survey from house to house or on the streets is included.
[1971 Code § 10-4.2]
It shall be unlawful for any solicitor or canvasser to engage in such business within the Borough without first obtaining a license.
[1971 Code § 10-4.3]
This section shall not apply to any person who has obtained a charitable solicitor's permit, nor, shall it apply to any person distributing literature or handbills on behalf of a candidate for public office.
[1971 Code § 10-4.4]
In addition to the information required by subsection 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.
[1971 Code § 10-4.5]
The fee for a solicitor's or canvasser's license shall be $10. The fee for a renewal license shall be $5 per year.
[1971 Code § 10-4.6]
The Borough Clerk shall issue to each licensee at the time of delivery of his license a badge on which shall appear the words "Licensed Solicitor," the period for which the license is issued and the number of the license, in letters and figures easily discernible from a distance of 10 feet. During the time such licensee is engaged in soliciting, his badge shall be worn constantly and conspicuously on the front of his outer garment.
[1971 Code Subsection 10-4.7; New; Ord. No. 2015-19]
No soliciting or canvassing activities shall be conducted before 10:00 a.m. prevailing time or after 7:00 p.m.
[1971 Code Subsection 10-4.7; New]
The Borough Clerk shall maintain a list of names and addresses of residents who have determined that solicitors or canvassers shall not be invited to their respective residence. Any resident shall be included on such list if they complete a form to be so included. The form shall be available at Borough Hall. The list shall be distributed to applicants seeking a license for the purposes mentioned herein. The licensee shall not solicit or canvass at any residence on the list. Any solicitor or canvasser who goes upon any premises or rings a doorbell upon or near any door or creates any sound in any manner calculated to attract the attention of the occupant of such residence, when such residence is on the list provided shall be considered to be engaging in uninvited soliciting as set forth in Section 4-4.8.
[1971 Code Subsection 10-3.6; Ord. No. 2015-19]
It shall be the duty of any Police Officer of the Borough to require any person seen soliciting or canvassing, and who is not known by such Officer to be duly licensed, to produce the peddler's license and to enforce the provisions of this section against any person found to be violating the same.
[1971 Code § 10-6.1]
No person shall operate a retail food establishment as defined in the Retail Food Establishment Code of New Jersey, 1965 without having first obtained a license from the County Health Officer. The term of the license shall be for a period of one year with all licenses to expire December 31.
[1971 Code § 10-6.2]
Each application for a license under this section shall be investigated by the County Health Officer. No license shall be issued unless the County Health Officers applicant conforms to all provisions of the Retail Food Establishment Code.
The fees for licenses under this section shall be as follows:
Retail food establishment selling only prepackaged foods, $35 per year.
Restaurants, Luncheonettes, Taverns, Cafeterias.
Food Handling Permits — Temporary.
Reinspection Fee. The fee for reinspection of a food establishment or vending machine, due to a conditional satisfactory or unsatisfactory inspection shall be $100 added to the license fee for that establishment.
Fee for Review. For review of plans needed in the construction or renovation of food establishments, public recreation bathing facilities or for development of subdivisions or where otherwise plan review is required by the County Health Officer, a fee of $100 will be collected.
[1971 Code § 10-6.4; Ord. BH:92-1]
It shall be unlawful for any person to conduct a Retail Food Establishment which is rated "Unsatisfactory by the County Health Officer.
Any person violating any provision of this section shall upon conviction thereof, in addition to the suspension or revocation of such license, shall be liable for a penalty not less than $100 nor more than the penalty established in Section 1-5 for each offense. Each day which the offense occurs shall constitute a separate offense.
[Ord. No. 94-18 § 1]
Sidewalk cafes and restaurants may be established in any general business, special business, downtown preservations district, highway improvement, industrial, or railroad improvement district. No person, however, shall establish, maintain, own, or operate a sidewalk cafe or restaurant nor shall serve food, liquor, or other beverages, on any public street, sidewalk, or alleyway without first having obtained a license from the Borough Clerk.
[Ord. No. 94-18 § 2]
An application for a sidewalk cafe license shall be available on a form to be issued by the Borough Clerk. Once a completed application is received by the Clerk with the appropriate fee, it shall be forwarded to the Chief of Police who shall conduct an investigation of the data contained in the application. Upon completion of the investigation by the Chief of Police, the Mayor and Council will examine the application. The Mayor and Council shall issue or deny a license as, in their unlimited discretion, they deem appropriate. The Mayor and Council shall take into consideration the location, potential interference with pedestrian or vehicular traffic, appropriateness of design, business record of the applicant, any proposed structures to be erected on public sidewalks, public safety, and health and welfare considerations. No license shall be issued until a Resolution of the Mayor and Council authorizing the issuance of a license shall have been adopted by a majority vote of the Mayor and Council.
[Ord. No. 94-18 § 3; New]
Any persons submitting an application for a sidewalk cafe or restaurant shall submit an application fee in the amount of $100 with the application. Should an application be approved by the Mayor and Council by Resolution as set forth above, the applicant shall pay an annual license fee in the amount of $100 on a renewal basis.
[Ord. No. 94-18 § 4]
No sidewalk cafe shall be allowed unless it is operated in conjunction with an authorized food service establishment having a permanent location. Such establishment shall be in compliance with all Matawan Borough ordinances as well as the requirements of the County Health Officers.
[Ord. No. 94-18 § 5]
Any license for a sidewalk cafe issued pursuant to the terms of this section shall be renewed annually at the discretion of the Mayor and Council.
[Ord. No. 94-18 § 6]
Any person obtaining a license for a sidewalk cafe or restaurant shall submit, for the protection of the Borough, its employees, and the general public, a comprehensive policy of liability insurance protecting the licensee and the Borough, naming the Borough of Matawan as an additional insured against any liability whatsoever occasioned by accident on or about the licensed property or any appurtenances thereto. This policy shall be written by an insurance carrier authorized to do business in the State of New Jersey and the limits of liability thereunder shall not be less than $500,000 per person or one million ($1,000,000.00) dollars per occurrence.
Prior to the issuance of a sidewalk or restaurant license or for the renewal thereof, the applicant shall deliver a certified copy of the comprehensive liability insurance policy naming the Borough of Matawan as an additional insured to the Borough Clerk. No license shall be issued or renewed unless the comprehensive liability insurance as required by this section is provided to the Borough Clerk.
[Ord. No. 94-18 § 7; New]
No licensee shall operate or allow the operation of a sidewalk cafe to impede or interfere with pedestrian or vehicular traffic. The operation of a sidewalk cafe shall be maintained with the public safety, health, and welfare as a primary consideration. Prior to issuance of any sidewalk license, the County Health Department shall verify that there is sufficient passageway to comply with A.D.A. accessibility.
[Ord. No. 94-18 § 8]
[1971 Code § 10-7.1]
This section is for the purpose of regulating all games of chance held, operated or conducted within the Borough, pursuant to the Acts of the Legislature of the State of New Jersey, known as the Bingo Licensing Law and the Raffles Licensing Law, and in accordance with the rules and regulations issued or to be promulgated by the Legalized Games of Chance Control Commission in the Department of State of the State of New Jersey. All applications, licenses, and proceedings in connection therewith shall be subject to the provisions of the acts and the rules and regulations, and any laws, rules and regulations hereafter enacted; and shall be further subject to the provisions of this section.
[1971 Code § 10-7.2; Ord. No. 2017-10]
Hours. No licensee authorized by law shall hold, operate or conduct any game of chance at the place where the game of chance is being conducted under any license except between the hours of 1:00 p.m. and 11:00 p.m.
Organizations Eligible for License. No license to conduct a game of chance as authorized by law shall be issued to any organization not having a bona fide situs established in good faith within the State of New Jersey and actively engaged in serving one or more of the authorized purposes as defined by the rules and regulations of the Legalized Games of Chance Control Commission.
Issuance of License. Upon the Borough Clerk's receipt of approval from the Matawan Police Department, the Council of the borough of Matawan hereby delegates the Borough Clerk the authority to act as the issuing authority for the purpose of approving the granting of the issuance of license.
[Ord. No. 2017-10]
[1971 Code § 10-10.1]
As used in this section:
- Shall mean any person who supplies any mechanical or electronic amusement device to another for use in his place of business, whether under lease or any similar arrangement.
- MECHANICAL OR ELECTRONIC AMUSEMENT DEVICE
- Shall mean any machine which may be operated by the public for entertainment or amusement, whether the machine is coin-operated or not, and whether or not it registers scores or tallies. Examples of mechanical or electronic amusement devices are pinball machines, bowling machines, mechanical grab machines, skee-ball machines, pokerino machines and similar devices. This enumeration is intended to be typical and shall not be construed as exclusive. Juke boxes shall not be considered mechanical amusement devices for the purposes of this section.
- Shall mean any person in whose place of business any mechanical or electronic amusement device is placed or kept for operation by the public.
[1971 Code § 10-10.2]
No person shall distribute or operate a mechanical or electronic amusement device within the Borough without having first obtained a license and paid the required license fee. All licenses shall expire on the 31st day of December following the issuance of the license.
[1971 Code § 10-10.3]
Applicants for distributor's or operator's licenses shall contain the names and addresses of all individuals who are officers, directors, or owners of more than 10% of the business entity. A description of each machine to be licensed together with its serial number shall be supplied.
[1971 Code § 10-10.4]
[1971 Code § 10-10.5]
A license may be transferred from one machine to another by giving notice to the Clerk to that effect and giving a description of the new machine and its serial numbers. A license may be transferred from one place to another by giving notice to the Clerk to that effect and supplying the required information as to the new premises.
[1971 Code § 10-10.6]
The following regulations shall apply to all mechanical or electronic amusement devices:
The premises shall be so arranged as to permit a clear view of the interior from the exterior at all times.
No operator shall offer or permit to be offered any prizes or awards, whether in cash or otherwise, as an inducement to use mechanical or electronic amusement devices except for trophies, plaques or items of a similar nature.
A mechanical or electronic device shall be permitted solely as an ancillary or accessory use to any business premises permitted by the Revised General Ordinances of the Borough of Matawan and there shall be allowed not more than three such devices on each premises.
[1971 Code § 10-10.7]
Nothing in this section shall be construed to authorize any gambling device of any kind whatsoever, including any device that dispenses any kind of payoff or reward or any device that has been judicially determined to be a gambling device or declared to be a gambling device under any law of the State of New Jersey.
[1971 Code § 10-10.8]
Any person who shall violate any of the provisions of this section shall, upon conviction thereof be subject to the general penalty as provided in Section 1-5 of this Code.
[Amended 10-1-2019 by Ord. No. 19-14]
Prior ordinance history: 2008 Code §§ 4-9.1 — 4-9.6 and Ord. No. 97-16.
Purpose. The purpose of this section is to administer the local operation of therapeutic massage establishments in order to promote the public health, safety, and general welfare.
Severability. In the event that any section or portion of this section shall be declared by any competent court to be invalid for any reason, such declaration shall be deemed to not affect the validity of any other section, subsection or portion of this section.
As used in this section, the following terms shall have the meanings indicated:
- Massage therapy is a manual therapy that manipulates a person's muscles and tissues, which also affects the nervous system to provide relief from stress, muscle tension, muscle pain, stiffness, joint aches and pain, headaches, increasing circulation, helps recovery before and after joint surgery and the list goes limitless.
- MASSAGE THERAPIST
- Any person who performs massage for consideration or gratuity or with the expectation of receiving consideration or any gratuity.
- Any person who receives a massage.
- Any individual, partnership, corporation, or other entity.
- THERAPEUTIC MASSAGE ESTABLISHMENT
- Any business, including but not limited to sole proprietorship, in which the business operation consists of providing or making available massage in the Borough of Matawan for consideration or with the expectation of receiving consideration or any gratuity whether or not the business has a fixed place of business within the limits of the Borough.
Every person who conducts or operates a therapeutic massage establishment shall keep the same at all times in a clean and sanitary condition. All instruments, supplies and devices of any kind, or parts thereof that come into contact with the human body shall be kept clean by a modern and approved method of cleaning.
All sheets and towels provided patrons in massage facilities shall be clean and laundered after each use and stored in a sanitary manner.
Wet and dry heat rooms, shower compartments and toilet rooms shall be thoroughly cleaned each day the facility is in operation. Bathtubs or showers shall be thoroughly cleaned after each use.
No massage therapist shall administer a massage to a patron whose genitals are exposed.
No massage therapist shall administer or agree to administer a massage to the genitals or anus of a patron.
No massage therapist shall administer a massage unless he or she is fully clothed with nontransparent clothing of the type customarily worn by massage therapists while administering a massage.
No alcoholic beverages or intoxicating liquor or nonintoxicating beer shall be sold, nor shall the consumption thereof by the client or any other person be permitted on the premises pursuant to this section.
No massage establishments shall be kept open for business purposes between the hours of 10:00 p.m. and 7:00 a.m., provided that any massage begun before 10:00 p.m. may be completed.
At all times when open for business, the licensed establishment shall have upon the premises a licensed massage therapist or person who possesses a combination massage establishment/massage therapist license who shall be available to supervise the operation of the establishment and assure that no violations of this section occur.
The establishment shall keep a written list of the names and current addresses of all employees, both on duty and off duty. Such list shall be shown to the Chief of Police, the Police Department's authorized representative, the Borough Clerk, or the Clerk's representative, upon request.
All massage therapists shall be clean and wear clean clothes. Provisions for a separate massage therapist/employee dressing room for each sex must be available on the premises with individual lockers for each massage therapist and employee. Doors to such dressing rooms shall open inward.
In addition to the provisions of Subsection 13.1, either a therapeutic massage establishment license or massage therapist license may be suspended or revoked upon a determination that the licensee:
The Matawan Police Department or County Health officials may from time to time inspect a licensed massage facility to determine compliance with any provisions of this section. It shall be unlawful for any person holding a massage facility business license, a massage therapist business license or an employee of such licensee to refuse such inspection officer immediate access to the premises or to hinder such officer in any manner; such refusal or hindrance on the part of any license holder or employee shall be grounds for the issuance of summons for the revocation of the business license and complaints issued for the violations of this section.
The fees, which are payable at the time of application for the business license, are nonrefundable.
The violation of any provision of this section shall be punished by a fine of not less than $250 nor more than $500 for each offense. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense. In addition to such penalty, the Borough may enjoin or abate any violation of this section by appropriate action.
The general power to license and prescribe the license fees is contained in N.J.S.A. 40:52-1 et seq. Licensing is also part of the general police power granted by N.J.S.A. 40:48-1 et seq. Taxicabs must also comply with the requirements of N.J.S.A. 48:16-1 et seq.
[1971 Code § 13-1]
As used in this chapter:
- OPERATION OF A TAXICAB
- Consists of transporting in a taxicab one or more persons for hire. Accepting a passenger to be transported for hire from a point of departure within the Borough to a destination within or without the Borough shall be considered operation of a taxicab within the Borough. The operation of a taxicab by one other than the owner shall be deemed operation by the owner as well as by the person actually driving the taxi. The transportation of any person other than the owner or driver in any motor vehicle bearing a sign using the word "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 Division of Motor Vehicles, or who appears in the Division's records to be a conditional vendee or lessee or has any other proprietary interest in a taxicab.
- TAXICAB OR TAXI
- Shall mean a motor vehicle used to transport passengers for hire which does not operate over a fixed route and is not hired by the day or hour.
[1971 Code § 13-2]
No person shall operate a taxicab within the Borough unless both the owner and the driver of the taxicab are licensed under this section.
[1971 Code § 13-3]
Driver's License. The holder of a taxicab driver's license shall be entitled to operate within the Borough any taxicab whose owner has been licensed under this chapter.
Owner's License. The holder of a taxicab owner's license shall be entitled to operate a taxicab owned by him within the Borough, provided that the person driving the cab holds a valid taxicab driver's license.
[1971 Code § 13-4; Ord. No. 06-05; Ord. No. 07-32]
Application Information. Application for a taxicab owner's license shall be made to the Council. The forms and the information required thereon shall be established by the Borough Council by resolution.
Applications shall be verified by oath or affirmation. Applications by a partnership shall give the information required for each partner, and shall be verified by all partners. Applications by a corporation shall give the information required for and be verified by all officers and directors and all persons holding more than 10% of the corporation's common stock, as well as the corporation itself.
Notice of Hearing. The Borough Council shall set a date for a hearing on the application and shall notify the applicant. The date set shall be within a reasonable time after the filing of the application.
Investigation. The Chief of Police or a Police Officer designated by him shall investigate the application. A report containing the results of the investigation and evaluation, a recommendation by the Chief of Police that the license be granted or denied, and the reasons for his recommendation shall be forwarded to the Borough Council at least three days before the date set for the hearing. A copy of the report shall also be sent to the applicant.
Conduct of Hearing. At the hearing any person who is a resident of taxpayer of the Borough may appear in person and make a brief statement or submit a written statement in support of or opposition to the granting of a license. In addition, the applicant and any other person who will be affected by the granting or denial of the license other than as a Borough resident or taxpayer shall have the right to be represented by an attorney, to testify himself or to present witnesses in support of his position, to cross-examine opposing witnesses and, at his own expense, to have a stenographic record made of the proceedings.
Factors Considered. In determining whether to grant or deny the license, the Borough Council shall take into consideration the following factors:
The character, business and financial responsibility and experience of the applicant, and the probability that if granted a license, the applicant will operate his taxicab in accordance with the provisions of this section.
Any other factors directly related to the granting or denial of the license which would substantially affect the public safety or convenience.
Each applicant shall be specifically required to demonstrate that he has a taxicab presently available for the general daily service of Borough residents.
Whether the applicant has been convicted of a crime. For the purposes of this section, a "crime" shall be any offense that is a violation of Title 2C of the New Jersey Statutes, excluding disorderly persons and petty disorderly persons offenses, or an offense committed in New Jersey prior to 1979 or outside of New Jersey that would constitute a violation of Title 2C of the New Jersey Statutes.
The driving record of the applicant provided by the New Jersey Motor Vehicle Commission. Factors, which may be considered in denial of a license may be, but are not limited to, the applicant's habitual suspensions by the Motor Vehicle Commission or a record of serious motor vehicle violations such as driving while intoxicated within 10 years of the application for a taxi license, which violations may impact on the public safety of the clients of the licensee.
The applicant shall be a legal resident of the State of New Jersey; and, if on visa status must have a valid New Jersey License and valid current visa issued by the appropriate Federal agencies.
Issuance of License. The Borough Council shall by resolution grant or deny the license. If the application is approved, the Clerk shall issue the license upon forms established by the Borough Council by resolution.
License Term; Fees. A taxicab owner's license shall be valid for the remainder of the calendar year in which it is issued. The license fee shall be $50 per year or portion thereof per vehicle, payable upon the filing of the application for the issuance or renewal of the license.
Renewals. A taxicab owner's license may be renewed by the Borough Council without a hearing upon the licensee's filing with the Chief of Police a sworn statement that there have been no changes in the information contained in the initial application.
[1971 Code § 13-5; Ord. No. 06-04]
Applications. Applications for a taxicab driver's license shall be made to the Council. The forms and the information required thereon shall be established by the Borough Council by resolution.
The application shall be accompanied by a fee of $25 for the initial license period.
Investigation. The Chief of Police or a Police Officer designated by him shall investigate the application and shall report the results to the Borough Council within a reasonable time. The report shall include a recommendation that the license be granted or denied and the reasons for the recommendation.
Issuance of License; Contents. Upon approval of the application by the Borough Council, the Clerk shall immediately issue the applicant a taxicab driver's license. The license shall contain a licensee's name and address, physical description, signature and photograph.
Term of License, Fees. An initial license to drive a taxicab shall be valid for the remainder of the calendar year in which it is issued. A taxicab driver's license may be renewed annually, unless it has been revoked or suspended upon the payment of a fee of $25.
[1971 Code § 13-6; New]
Initial Inspection. Before any vehicle is used as a taxicab within the Borough, it shall be inspected by the Chief of Police or a Police Officer designated by him to ascertain that it is in a safe, clean and sanitary condition and contains all safety devices required by law.
Reinspections. All taxicabs shall be reinspected annually or more often if the Borough Council so requires by resolution. In addition, a Police Officer may inspect a taxicab at any reasonable time to determine if it is clean, sanitary and in a safe and proper operating condition.
Failure to Pass Inspection. Any taxicab which fails to pass inspection shall be immediately taken out of service and shall not be operated again within the Borough until the defects which led to its rejection are corrected. In the case of minor defects which do not constitute an immediate danger to the health or safety of the public, the taxicab may continue to operate for a period of one week, at the end of which time it shall be reinspected. If the defect has not by then been corrected, the vehicle shall immediately be taken out of service and shall remain out of service until the defect is corrected.
Insurance Coverage. No license shall become effective or remain in force and no operation of any taxi under such license shall be permitted until the owner of the taxi has filed with the Borough Clerk an insurance policy written by a company duly authorized and licensed to transact business under the insurance law of the State of New Jersey in a sum of not less than $15,000 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 $30,000 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, reason of the ownership, operation, maintenance, or use of such autocab upon any public street; and conditioned for the payment of a sum not less than $5,000 to satisfy any claim for damages to property of any one person, resulting from an accident, and a sum not less than $5,000 to satisfy all claims for damages to property of all persons, on account of any such accident, by reason of the ownership, operation, maintenance, or use of such autocab upon any public street; and providing for the payment of any final judgment to be recovered by any person against the owner of any taxi growing out of the ownership, operation or use of the taxi; and further providing that such insurance and the conditions of the policy shall be for the benefit of every person suffering loss, damage or injury as aforesaid. In the event the State of New Jersey enacts a statute requiring greater coverage than that required by this subsection, the terms of this subsection shall be automatically modified to conform with the statutory provision.
[1971 Code § 13-7; Ord. No. 97-14]
Identification Required. Each taxicab operated in the Borough shall have a sign painted on each rear door. The sign shall contain the owner's name and the words "Taxicab," "Taxi," "Transportation," or other identifying word, in letters which are not less than four nor more than eight inches in height.
Imitation of Color Scheme or Insignia. No taxicab operated in the Borough shall imitate the color scheme or any identifying design or insignia of another taxicab lawfully operating in the Borough, nor shall one taxicab have a color scheme or identifying design or insignia which is so similar to that of another taxicab as to be likely to have a tendency to mislead the public. The person first using a particular color scheme or identifying design or insignia for his taxicab shall have the prior right to it.
[1971 Code § 13-8]
Rates of Fare. The fare that may be charged by the driver or owner of a taxicab for a trip wholly within the limits of the Borough shall not exceed the rates approved by the Borough Council by resolution. A schedule of the approved rates shall be displayed in the taxicab in a manner so as to be easily read by all passengers.
Receipts. The driver of a taxicab upon request shall give the passenger a receipt for the amount charged. The receipt shall show the name of the owner, the license number of the taxicab, the amount of the fare, and the date of the transaction.
Refusal to Pay Fare. No person after hiring a taxicab shall refuse to pay the legal fare, not shall any person hire a taxicab with the intent not to pay the legal fare.
[1971 Code § 13-8A]
Notwithstanding any provision to the contrary, no license issued to a taxicab owner or taxicab driver shall be transferred to another person without the reapplication of the transferee and the consent of the Borough Council in accordance with the provisions previously established by this section.
[1971 Code § 13-9]
The Borough Council may establish, by resolution, rules and regulations relating to the operating of taxicabs and the conduct of licenses. A copy of the rules and regulations shall be furnished to each licensee.
[1971 Code § 13-10]
Generally. In addition to the causes for revocation of a license set forth in subsection 4-1.9, any license issued under this section may be revoked or suspended, or any applications for the issuance or renewal of a license denied, for any of the following reasons:
Failure to render reasonable, prompt, safe and adequate taxicab service.
The existence of a judgment unsatisfied of record against the licensee or applicant in any suit arising over the operation of a motor vehicle.
Permitting any taxicab owned or driven by the licensee to become unsafe, unsanitary or dirty.
Failure to comply with all applicable laws of the State of New Jersey, the ordinance of the Borough or the rules and regulations adopted in accordance with this chapter.
Drivers. If the licensee is a driver, his license may also be revoked or suspended for the following reasons:
[1971 Code § 13A-1.1]
No limousine or livery vehicle should be operated on any of the public streets or places of the Borough unless the owner or its lessee, who shall for the purpose of this section be construed as the owner, operating such vehicle has procured a license and paid the necessary fee therefor.
[1971 Code § 13A-1.2]
Any person desiring to operate a limousine and livery vehicle in, over and through the public streets or places of the Borough shall make written application to the Borough Council, which application shall state the following information:
[1971 Code § 13A-1.3; Ord. No. 06-07]
Each application shall be accompanied by a license fee of $50 per year for each limousine or livery vehicle.
[Ord. No. 01-03 § 10-5.1]
In accordance with N.J.S.A. 40:48-2.49, the purpose of this section is to provide for the licensing, use and regulation of towing and storage contractors providing service for the Borough of Matawan. The Mayor and Council wish to enhance and protect the safety and welfare of the general public by: (1) requiring certain qualifications to be met for a Borough towing and storage license; (2) instituting safer and more efficient procedures for the removal of disabled vehicles; and (3) the establishment of a schedule of fees to be charged for services rendered in accordance with fair standardized schedules.
[Ord. No. 01-03 § 10-5.2]
As used in this chapter:
- BASIC TOWING SERVICE
- Shall mean the removal and transportation of an automobile from a highway, street or other public or private road, or a parking area, or from a storage facility, and other services normally incident thereto but does include recovery of an automobile from a position beyond the right-of-way or berm, or from being impaled upon any other object within the right-of-way or berm.
- Shall mean any vehicle authorized by law to be seized, towed and held in the custody of a storage yard approved by the Police Department.
- Shall mean recovery is when the tow operator applies knowledge in a skillful manner to preserve the condition of a motor vehicle, while moving the damaged vehicle to a towable position. Recovery can be achieved by several actions which may include but are not limited to winch use and rigging.
- TOWING AND STORAGE CONTRACTOR
- Shall mean a person or entity engaged in the business of providing towing and storage services within the Borough.
- TOW LIST
- Shall mean a list of towing and storage contractors maintained by the Police Department containing the names and addresses of towing and storage contractors who will be called on a rotating basis when the Police Department determines the assistance of such services are required within the Borough.
- Shall mean a vehicle driven by mechanical power and employed for the purpose of towing, transporting, conveying and removing vehicles which are unable to be operated under their own power.
[Ord. No. 01-03 § 10-5.3]
The Chief of Police or his/her designee shall establish a list of towing and storage contractors designated to provide towing and storage services required by the Police Department. Any towing and storage contractors licensed pursuant to this section shall be included on the list. Those on the list shall be called on a rotating basis to provide the required towing and storage services. The Chief of Police or his/her designee shall establish such other procedures for the operation of the tow list, he/she shall deem appropriate. Nothing contained herein shall prevent the Chief of Police or his/her designee from requesting additional towing services from others, if, in the judgment of such person, the size, nature or scope of the accident or disablement conditions or the performance of the called towing service requires that assistance be rendered.
[Ord. No. 01-03 § 10-5.4]
All towing and storage contractors desiring to be on the tow call list shall file a license application with the Police Department on a form approved by the Chief of Police, together with an application fee of $50. The application shall state the following information:
The location, description and availability of the tow vehicle operated by the applicant. The vehicle description shall include the year, make, model, type and vehicle identification number;
The actual rates to be charged for towing and storage services, which rates shall be available for public inspection. Any changes to rates set forth on the application shall be filed with the Chief of Police;
The location the applicant has available for properly accommodating and protecting disabled motor vehicles; and
A statement that the applicant has sufficient personnel and equipment to provide 24 hour towing service and to respond to Police calls in accordance with the requirements of this section. By filing such application, the applicant shall have been deemed to have agreed to the conditions outlined on the application, including compliance with all the provisions of this section.
[Ord. No. 01-03 § 10-5.5]
Within 10 days after the receipt of an application, the Chief of Police shall cause an investigation to be made of the applicant and its business operations.
[Ord. No. 01-03 § 10-5.6; Ord. No. 05-04; Ord. No. 09-14; Ord. No. 11-03]
The following are minimum standards/qualifications required to be considered for issuance of a license:
The towing and storage contractor shall be owned or operated by a person, firm, partnership, association or corporation engaged in the business of operating a towing and storage service within the Borough of Matawan and/or the surrounding area in a five mile radius of the Borough of Matawan.
The towing and storage contractor shall be prepared to promptly clear the roadway of any or all types of disabled motor vehicles. Where vehicles are too large for the service to remove from the scene, the service or the Police Department may call for the assistance of others.
The towing and storage contractor shall be able to report to a disabled vehicle's position no more than 20 minutes from the time of notification by a Police Department dispatcher. Where the Police cannot reach the next eligible contractor on the list, or fails to arrive within the above specified time period, the contractor shall be deemed to have forfeited its position and the next succeeding contractor on the list may be called.
The towing and storage contractor shall have available by ownership or agreement, two professionally constructed tow vehicles, one of which being a "flatbed" type tow vehicle capable of removing certain types of damaged vehicles or those which by design, cannot be removed by conventional wreckers without sustaining additional damage. All towing vehicles used in performance hereunder shall meet the standards specified by the State of New Jersey Motor Vehicle Codes and this specification in all respects. Each applicant is required to list all equipment/vehicles to be used including the registered name, type and license number of each.
Safety Equipment. Each vehicle shall have beacon and warning lights, tow vehicle illumination and stop lights and a portable fire extinguisher.
At least one of the available tow vehicles must be equipped for dolly service and winching.
Clean-Up Equipment. All tow vehicles shall carry road clean-up equipment and supplies such as brooms, rakes, trash cans and shovels and other equipment supplies as may be reasonably required by the Chief of Police or his/her designee. The towing service is responsible for the prompt and safe removal of the disabled vehicle and for the prompt and complete removal of all litter and debris resulting from the accident.
Disabled Vehicle Storage. The towing service shall operate a suitable vehicle storage area zoned for such use. The lot shall be able to store at least 10 full-sized vehicles. The storage yard shall be located within the Borough. If there is in excess of 10 vehicles to be stored, they may be stored elsewhere as long as the alternate lot complies with the specifications of the regular storage lot, and appears on the towing and storage contractor's certificate of insurance. Upon request, authorized personnel of the Police Department shall be able to have access to vehicles 24 hours per day within the storage area.
Insurance. The towing and storage contractor shall maintain the following minimum insurance coverage in the name of the applicant:
Automobile liability in the amount of one million ($1,000,000.00) dollars combined single limits;
Workers Compensation as required by Statute;
Garage Keeper's liability in the amount not less than $60,000 per location;
Garage liability in an amount not less than one million ($1,000,000.00) dollars combined single limit; and
Policies in force to provide collision coverage for vehicles in tow.
Certificate of Insurance. At time of application, the towing and storage contractor shall present a certificate of insurance evidencing the above coverage by an insurance company licensed to do business in the State of New Jersey. Included on such certificate shall be a statement that the insurance company or agent will notify the Chief of Police immediately of any change, cancellation or lapse of such coverage. Such statement shall not include language absolving the company/agent from liability for failure to notify.
Indemnification. By virtue of making application to be included on the tow list, the applicant shall be deemed to agree to indemnify and hold the Borough of Matawan and its officers and employees harmless from any liability, expense or costs of suit, including reasonable attorney's fees, arising out of or resulting from any action of the applicant in performing towing and storage services in the Borough.
Notice. The applicant agrees to notify the Chief of Police immediately of any change, cancellation or lapse of insurance coverage.
Prohibition of Oral Inquiry. No towing and storage contractor included on the tow list shall make oral inquiry regarding its position on the tow list, violations by other towing and storage contractors or any other matters relating to performance under this section. All other inquiries shall be made in writing addressed to the Chief of Police.
Follow-Up Report. The towing and storage contractor shall file a report with the Police Department containing the following information:
Description of each vehicle towed pursuant to a request by the Police Department during the month for which the report is given;
Name and address of title owner of vehicle;
Amount charged for the tow;
Date vehicle was released; and
List of all vehicles towed pursuant to Police Department request which are unclaimed for over 30 days.
Storage Provisions During Emergency Condition. During emergency situations (snow storms, etc.) the towing and storage contractor shall provide additional storage spaces as needed. The storage space does not have to be located at the primary facility. These spaces will only be used during the period of the aforesaid emergency.
[Ord. No. 01-03 § 10-5.7]
The Chief of Police shall approve of an application when he/she finds that the following requirements and certificates have been provided by the applicant:
That the public convenience and necessity will be served by the use of the vehicles for which application has been made;
That insurance policies as required have been procured and supplied;
That the applicant has certified that the proposed operators are qualified to operate the tow vehicles and conduct a towing and storage service in the Borough;
That the applicant has certified that the requirements of this section and all other Statutes have been met and that the independent investigation by the Police Department reveals no nonconformity; and
That the applicant has certified that the vehicles have been properly licensed and inspected by the State of New Jersey and have the necessary stickers affixed. No vehicle shall be licensed as a tow vehicle which is using dealer's plates or which has failed State inspection.
[Ord. No. 01-03 § 10-5.8]
Upon approval by the Chief of Police and upon receipt of payment from the applicant of the license fee of $100, the Chief of Police shall issue a license. Each licensee shall be issued stickers or medallions, which shall be displayed by the licensee upon the licensed vehicles in a manner so as to be visible and identifiable. Additionally, towing vehicles licensed under this section are approved to display "Authorized Police Towing" lettering or decal. Licenses issued hereunder shall expire one year from the date of issuance. Applications for renewal of licenses shall be made in accordance with the procedures for original issuance as set forth herein.
[Ord. No. 01-03 § 10-5.9; Ord. No. 09-14]
The maximum rates fixed in Addendum, Towing Fee Schedule hereof shall apply to the towing and storage of all passenger vehicles except those exempted pursuant to N.J.S.A. 17:33B-47 et seq. and N.J.A.C. 11:3-38.1 et seq. as well as to all non-passenger vehicles not exceeding three tons in weight. In the case of services rendered to other types of vehicles, or services of a nature beyond basic towing services as defined in the Addendum, Towing Fee Schedule, or services other than covered by basic rate, or services rendered in extraordinary cases involving unusual conditions, the rate to be charged shall be fair and reasonable based on the location, the length of time, the number of men and machinery involved and the difficulty of the job.
Regular Towing Service
[Ord. No. 01-03 § 10-5.10]
In addition to the requirements set forth herein above, each licensee shall be responsible for compliance with the following additional regulations:
Every vehicle towed and/or stored by a towing and storage operator shall be inventoried as to the items located in the vehicle. The towing and storage operator shall be solely responsible for the care and safety of any items left in that vehicle during storage.
Where impounded vehicles are towed to premises controlled by the Police Department for the purpose of utilizing the vehicle and/or its contents for evidence or for other such purposes, the vehicle shall not be released unless the owner of the vehicle furnishes the Police Department a receipt from the towing and storage contractor that towing service fees have been paid.
No person shall be responsible for a storage fee when the vehicle is removed from the operator's premises within the first 12 hours of the time it was initially stored.
Operators shall be required to accept payment by personal check or generally accepted credit cards normally used in its business.
[Ord. No. 01-03 § 10-5.11]
Nothing contained in this section shall prevent a person responsible for an automobile disabled upon the public street or highways within the Borough to arrange for the prompt removal of the vehicle from the scene of an accident or disablement by wrecking or towing services of his/her own selection. The person responsible will be advised of the ability to select such towing service at the required time of removal, provided such person is present, fully conscious and capable of taking prompt action.
Notice. In the case of a disabled vehicle obstructing traffic or likely to create a traffic hazard, a Police Officer in charge shall have the right to summon a wrecker from the call list, notwithstanding the expressed desire of the owner or operator of the disabled vehicle that a specific wrecker be summoned, if in the opinion of such Officer, the wrecker requested will not be able to respond to the call in sufficient time to assure the public safety and efficient flow of traffic.
[Ord. No. 01-03 § 10-5.12]
In the event that a person or entity shall fail to perform satisfactorily, or performs in violation of this section, such persons or entity shall have its license suspended and immediately be temporarily removed from the tow list by the Chief of Police. As soon as practical after such removal, the Chief of Police shall cause written notice of such removal to the person or entity removed. The notice shall set forth the reason(s) for such removal. The person or entity removed shall be afforded reasonable opportunity for a hearing. A hearing shall be held by the Borough Administrator, and the Borough Administrator, after said hearing, shall render a written decision continuing the removal from the list, or returning the person or entity to the list either immediately, or after a specified period of time.
[Ord. No. 01-03 § 10-5.13]
The Chief of Police or member of the Police Department designated by him/her is authorized to enforce the provisions set forth in this section. In those instances where the Chief of Police or his/her designee is authorized hereunder establishes procedures or requires additional equipment or supplies, any additional requirements shall be set forth in writing, and distributed to all towing and storage contractors licensed hereunder. A copy of this section and applicable schedule of fees shall be available for public inspection during normal business hours.
Former Section 4-13, Motor Vehicle Service Stations previously codified herein and containing portions of 2008 Code §§ 4-13.1 — 4-13.3 was repealed in its entirety by Ord. No. 12-09.
[Ord. No. 06-01 § 14-13.1]
It shall be the duty and responsibility of the Matawan Police Department to enforce the provisions of this section as herein provided.
[Ord. No. 06-01 § 14-13.2]
The Matawan Police Department shall have those powers and duties which are necessary to carry out the intent and purpose of these regulations including, but not limited to, the following enumerated powers and duties:
To determine which persons within the Borough are operating the business of a pawnbroker.
To review the pawnbroker's license required by N.J.S.A. 45:22-1 et seq.
To inspect the premises and business records of the pawnbroker which are required to be maintained pursuant to State law. The Chief of Police, or his designee, may at any time, and shall at least once each year, investigate the business of all licensees and inspect the books, papers, records, safes and vaults of the licensee wherever located.
The Chief of Police, or his designee, is authorized to enter the pawnbroker's business at reasonable times for the purpose of making inspections and performing duties under these regulations. If entry is refused, or not obtained, the Chief of Police, or his designee, may obtain an order from the Municipal Court or any other court of competent jurisdiction authorizing entry.
[Ord. No. 06-01 § 14-13.3]
The purpose of this section is to regulate the standards and manner in which the business of a pawnbroker is conducted within the Borough to ensure the protection of the public health, safety and welfare. Furthermore, this section is designed to deter and detect the fencing of stolen or lost property. These regulations shall not apply to the following businesses: dealer in secondhand goods.
[Ord. No. 06-01 § 14-13.4]
As used in this section:
- Shall mean any person lending money on deposit or pledge of personal property, other than choses in action, securities, or printed evidence of indebtedness; or purchasing personal property on condition of selling it back at a stipulated price; or doing business as a furniture storage warehouseman and lending money on goods, wares or merchandise pledged or deposited as collateral security.
- Shall mean a natural person, association, corporation, firm, partnership, trust or other legal entity.
- Shall mean an article or articles deposited with a pawnbroker in the course of his business.
- Shall mean a person who delivers a pledge into the possession of a pawnbroker, unless such person discloses that he or she is or was acting for another. In such an event, pledgor shall mean the disclosed principal.
[Ord. No. 06-01 § 14-13.5]
It shall be unlawful for any person to engage in the business of a pawnbroker within the Borough unless licensed pursuant to N.J.S.A. 45:22-1 et seq.
A copy of the State license shall be filed with the Borough Clerk and with the Chief of Police.
The license issued by the State shall be prominently displayed on the business premises at all times.
No licensee shall allow the use of his, her, or its name by any person directly or indirectly for the purpose of engaging in the business of a pawnbroker in any location other than the licensed premises.
[Ord. No. 06-01 § 14-13.6]
No pawnbroker who is licensed pursuant to State law shall undertake said business within the Borough unless and until he has first obtained a bond in the amount of $1,000 as required by N.J.S.A. 45:22-7. A copy of the bond shall be filed with the Borough Clerk.
[Ord. No. 06-01 § 14-13.7]
No pawnbroker shall accept a pledge from a person under the age of 18 years pursuant to State law.
No pawnbroker shall accept melted or altered goods or merchandise.
No pawnbroker shall accept goods or merchandise which he has reason to believe are lost or stolen property. The attempted transaction shall be reported to the Police Department forthwith.
No pawnbroker shall alter, destroy, melt down, remodel, dispose of, sell, or deliver to any other person any item received in a covered transaction unless done so in compliance with State law. The following covered goods shall be retained in the original condition received by the pawnbroker for at least 45 calendar days; cameras, coins, computers, consumer electronics equipment, jewelry, precious metals, stamps and watches.
All pawnbrokers shall maintain the records required by State law including the following records concerning each item received in a covered transaction:
All pawnbrokers shall deliver the daily report required by N.J.S.A. 45:22-34 to the Chief of Police or his designee.
No pawnbroker shall store pledged goods or merchandise at any location which is not licensed by the State for that purpose.
No pawnbroker shall conduct the business of a dealer in secondhand goods without obtaining the license required for that commercial activity in addition to the State license required for a pawnbroker.
Employees of a licensed establishment shall be at least 18 years of age and are not required to obtain a license in addition to the license of the pawnbroker.
No pawnbroker, itinerant vendor or transient merchant shall receive as a pledge or purchase any revolver, pistol, blackjack and/or sawed-off shotgun, and no pawnbroker, itinerant vendor or transient merchant shall display in his window or shop any such weapon for sale.
It shall be the duty of every pawnbroker, itinerant vendor or transient merchant to report to the Police any article pledged with it or which is sought to be pledged with it or purchased by it if he shall have reason to believe that the article was stolen or, in case of lost articles, found by the person attempting to pledge or sell it.
[Ord. No. 06-01 § 14-13.8]
Any Police Officer shall have the right to seize and detain any goods or merchandise held by a pawnbroker which the Officer has probable cause to believe are lost or stolen and owned by a person other than the person who pledged the item with the pawnbroker without compensation.
It shall be unlawful for a pawnbroker or an agent or employee of a pawnbroker, to give false information, hinder, or otherwise interfere with a Police Officer in the performance of any duty under this section including the inspection of the business premises and the taking into possession of any goods or merchandise which the Police Officer has probable cause to believe is lost or stolen property belonging to another person.
If a Police Officer takes possession of any property, he shall furnish the pawnbroker with a receipt containing the date, name and rank of the Officer, and a description of the property taken. The Property Clerk of the Matawan Police Department shall notify the pawnbroker in writing of any disposition of the goods or merchandise. The notice shall include the date, disposition, and the name of the person receiving the property.
In lieu of taking possession of good or merchandise, a Police Officer may place a temporary detainer on the property for a period of time not to exceed 60 calendar days from the date of the written notice of detainer issued to the pawnbroker. During the period of detention, the pawnbroker shall keep the detained property separate and apart from the remaining goods or merchandise, and shall properly secure it.
Right to Appeal. Any person aggrieved by the seizure or detention of property by a Police Officer may file a written request for a probable cause hearing with the Municipal Court or any other court of competent jurisdiction. The hearing shall be scheduled within a reasonable time after the written request is filed.
[Ord. No. 06-01 § 14-13.9]
[Ord. No. 12-12]
Notwithstanding any other provision of law to the contrary, no person shall place, use, or employ a clothing donation bin within the Borough for solicitation purposes unless all of the following requirements are met:
The clothing donation bin is owned or sponsored by a organization registered pursuant to P.L. 1994, c. 16 (N.J.S.A. 45:17A-18 et seq.), any non-charitable organization, or is sponsored by any department of the Borough;
The registered organization has obtained a permit, valid for a twelve-month period, from the Borough's Zoning Officer in accordance with the following:
In its application for such a permit, the registered organization shall indicate:
The location where the bin is currently situated or proposed to be situated;
The manner in which the 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;
The name and telephone number of the bona fide office of the organization and any entity which may share or profit from any clothing or other donations collected via the bin; and
Written consent from the property owner to place the bin on its property.
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 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases.
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.
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 location where that bin is located.
[Ord. No. 12-12]
The Zoning Officer shall impose a fee for such application, in the amount of $25 annually for each bin to offset the costs involved in enforcing this section.
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 contain all the information as required for the original issuance of said permit.
The owner of any clothing donation bin which is sponsored by any department of the Borough shall be required to comply with the licensure requirements hereof, but shall specifically be exempt from the fee requirement hereof.
[Ord. No. 12-12]
The bins are not to be placed in the front yard.
A minimum 10 foot setback from property lines should be required.
Bins should not be placed in any required driveways or on any unimproved lot.
No bins permitted on residential properties.
Whenever possible, the bins should not be placed on lots adjacent to residences; however, should the Zoning Officer determine that it is appropriate to establish a bin on such a location, it must be set back a minimum of 10 feet.
Bins may be placed within a parking area, provided the Municipal Engineer determines that the space or spaces dedicated to the bin are underutilized.
[Ord. No. 12-12]
It shall be the duty of each registered organization issued a permit hereunder to properly maintain and service any clothing donation bin placed within the Borough so as to prevent such clothing bin from creating any nuisance, hazardous or unsafe condition.
[Ord. No. 12-12]
The Zoning Officer 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 two clothing donation bin permits at any given site.
[Ord. No. 12-12]
Any licensee who violates any provision of this section and fails to cure such violation within 48 hours of notice of such violation shall be subject to the following penalties, in addition to those penalties and remedies as set forth in N.J.S.A. 40:48-2.62 and 40:48-2.63: