[1966 Code § 41-3]
The license fees hereby imposed are for revenue.
[1966 Code § 41-7; Ord. No. 41-2006 § 1; Ord. No. 1-2016]
The Municipal Clerk hereby is delegated the authority to approve
the granting of raffle and bingo licenses and of social affairs permits
within the Borough of Bloomingdale. Notwithstanding the foregoing,
the Municipal Clerk shall have the discretion to bring to the governing
body of the Borough of Bloomingdale any such licensing or permit application
for action by the governing body. The Borough of Bloomingdale may
waive its portion of fees for raffle and bingo licenses for 501(c)(3)
nonprofit organizations that provide a benefit or services to the
Borough of Bloomingdale. The Municipal Clerk shall keep a record of
all licenses issued, which record shall set forth the statements in
the application, the date of each license and the amount of the license
fees.
[1966 Code § 41-5]
The Clerk shall report at each regular meeting of the Council
all the licenses issued by the Clerk since the last preceding regular
meeting. In case the Council shall not approve of any license so issued,
the Clerk shall return the money paid therefor to the applicant and
such license shall be canceled.
[1966 Code § 53-2; Ord. No. 6-95; Ord. No. 17-98; Ord. No. 23-2015]
As used in this section:
Shall mean and include the sale of meats, fish, vegetables,
fruits, nonalcoholic beverages and/or prepared foods by a peddler.
Shall mean and include the sale of flowers, Christmas trees
and/or wreaths during a holiday season, which shall include the 30
days preceding a national holiday or Easter, by a peddler.
Shall mean and include any person, whether a resident of
the Borough of Bloomingdale 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, garden truck, farm products or provisions,
flowers and wreaths, offering and exposing these same for sale or
making sales and delivering articles to purchasers, or who, without
traveling from place to place, shall sell or offer the same for sale
from a stand, cart, wagon, automotive vehicle, railroad car or other
vehicle or conveyance, and further provided that one who solicits
orders and, as a separate transaction, makes deliveries to purchasers
as part of a scheme or design to evade the provisions of this ordinance
shall be deemed a "peddler" subject to the provisions of this ordinance.
The word "peddler" shall include the words "hawker" and "huckster"
and "vendor."
[1966 Code § 53-1; Ord. No. 23-2015]
It shall be unlawful for any person to engage in the business of peddler as defined in Subsection 4-2.1 within the corporate limits of the Borough without first obtaining a permit and license as provided herein.
A holiday sales peddler shall be limited to a maximum of two
permits and licenses per calendar year. Each permit and license shall
be issued for a period of 30 days maximum.
A food cart peddler shall be limited to one permit and license
per calendar year for a period of 30 days maximum.
[1966 Code § 53-3; Ord. No. 23-2015]
Applicants for permit and license under this section must file
with, and on forms provided by the Municipal Clerk, a sworn application
in writing (in duplicate) which shall give the following information:
a.
Name and description of the applicant.
b.
Address (legal and local).
c.
A brief description of the nature of the business and the goods to
be sold and in the case of products of farm or orchard, whether produced
or grown by the applicant.
d.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
e.
The length of time for which the right to do business is desired.
f.
If a vehicle is to be used, a description of the same, together with
license number or other means of identification.
[1966 Code § 53-4; Ord. No. 17-98; Ord. No. 23-2015]
a.
Upon receipt of such application, the original shall be referred
to the Chief of Police, who shall cause such investigation of the
applicant's business and moral character to be made as he deems necessary
for the protection of the public good.
b.
If as a result of such investigation the applicant's character or
business responsibility is found to be unsatisfactory, the Chief of
Police shall endorse on such application that it is disapproved and
that no permit and license shall be issued.
c.
If as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Chief of Police shall endorse on the application his approval, execute
a permit addressed to the applicant for the carrying on of the business
applied for and return the permit, along with the application to the
Municipal Clerk, who shall, upon payment of the prescribed license
fee, deliver to the applicant his permit and issue a license. Such
license shall contain the signature and seal of the issuing officer
and shall show the name, address and photograph of the licensee, the
class of license issued and the kind of goods to be sold thereunder,
the amount of fee paid, the date of issuance and the length of time
the same shall be operative as well as the license number and other
identifying description of any vehicle used in such peddling. The
Municipal Clerk shall keep a permanent record of all licenses issued.
d.
A permit and license for holidays sales and food carts shall not
be issued without approval of the Borough Council.
[1966 Code § 53-5; Ord. No. 6-95; Ord. No. 17-98; Ord. No. 13-2013 § 1; Ord. No. 16-2013 § 1; Ord. No. 23-2015]
a.
The fee for a limited peddler's license, $100 per day, with an annual
cap of $200. Each peddler's license shall terminate on the 31st day
of December of the year for which it was issued, and limited peddler's
licenses shall be good only for the day or days specified thereon.
b.
The licensing fee for the sale of flowers, Christmas trees and wreaths
shall be $500 for each separate holiday or occasion of sale (i.e.:
Christmas, Mother's Day, Easter, etc.) The license shall terminate
after the specific sale set forth in the application and shall not
be an annual license.
c.
The fees as above set forth are for the purpose of raising revenues
for the general protection of the public health, welfare and safety
and to enforce the terms of this section.
[1966 Code § 53-6; Ord. No. 17-98; Ord. No. 23-2015]
The Municipal Clerk shall issue to each licensee a card bearing
the words "Licensed Peddler," the period for which the license is
issued and the number thereof. The card shall be carried with the
licensee during the time in which he is engaged in the peddling and
shall be exhibited to any person requesting to see the same.
[1966 Code § 53-7; Ord. No. 23-2015]
No license or badge issued under the provisions of this section
shall be used or worn at any time by any person other than the one
to whom it was issued.
[1966 Code § 53-8; Ord. No. 23-2015]
No peddler, nor any person in his behalf, shall shout, make
any cry out, blow a horn, ring a bell or use any sound device, including
any loud-speaking radio or sound amplifying system upon any of the
streets, alleys, parks or other public places of the Borough or upon
any private premises in the Borough where sound of sufficient volume
is emitted or produced to be capable of being plainly heard upon the
streets, avenues, alleys, parks or other public places for the purpose
of attracting attention to any goods, wares or merchandise which such
licensee proposes to sell.
[1966 Code § 53-9; Ord. No. 23-2015]
No peddler shall have any exclusive right to any location in
the public streets, nor shall any be permitted a stationary location,
nor shall be permitted to operate in any congested area where his
operations might impede or inconvenience the public.
Peddlers of holidays sales or food carts shall operate only
within the business zones in the Borough.
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.
[1966 Code § 53-10; Ord. No. 23-2015]
Peddlers are required to exhibit their licenses at the request
of any citizen.
[1966 Code § 53-11; Ord. No. 23-2015]
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.
[1966 Code § 53-12; New; Ord. No.
23-2015]
The Chief of Police shall report to the Municipal Clerk all
convictions for violation of this section and the Municipal Clerk
shall maintain a record for each license issued and record the reports
of violation therein.
[1966 Code § 53-13; Ord. No. 23-2015]
a.
Permits and licenses issued under the provisions of this section
may be revoked by the Mayor and Council after notice and hearing,
for any of the following causes:
1.
Fraud, misrepresentation or false statement contained in the application
for license.
2.
Fraud, misrepresentation or false statement made in the course of
carrying on his business as peddler.
3.
Any violation of this section.
4.
Conviction of any crime or misdemeanor involving moral turpitude.
5.
Conducting the business of peddling in an unlawful manner or in such
manner as to constitute a breach of the peace or to constitute a menace
to the health, safety or general welfare of the public.
b.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date set for hearing.
[1966 Code § 53-14; Ord. No. 17-98 § IV; Ord. No. 23-2015]
Any person aggrieved by the action of the Chief of Police or the Municipal Clerk in the denial of an application for permit or license as provided in Subsection 4-2.4, or in the decision with reference to the revocation of a license as provided in Subsection 4-2.14, shall have the right to appeal to the Council. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Subsection 4-2.14 for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive.
[1966 Code § 53-15; Ord. No. 23-2015]
All annual licenses issued under the provisions of this section
shall expire on December 31 in the year when issued. Other than annual
licenses shall expire on the date specified in the license.
[1966 Code § 53-16; New; Ord. No.
23-2015]
[Added 5-21-2019 by Ord.
No. 15-2019; amended 6-25-2019 by Ord. No. 19-2019]
No individual obtaining a license pursuant to this section shall
enter onto any property on which is located a sign or signs stating
"no solicitors" or carrying a similar message forbidding the entry
of any persons onto the property.
a.
Collection, preparation and maintenance of a nonsolicitation list.
The Office of the Borough Clerk shall collect, prepare and maintain
a list of addresses of those premises where the owner and/or occupant
has notified the Borough Clerk that soliciting and canvassing is not
permitted on his/her premises. To be included on the nonsolicitation
list, residents shall complete a form. The form shall be available
in the Municipal Building's General Office during normal business
hours, Mondays through Fridays from 8:00 a.m. to 4:00 p.m., except
on weekends and legal holidays.
b.
The Borough Clerk and/or the Deputy Borough Clerk shall submit the
nonsolicitation list to the Chief of Police on a quarterly basis,
which nonsolicitation listing shall be distributed to applicants seeking
a license to solicit or canvass pursuant to the provisions of this
chapter. The licensee shall not solicit or canvass at any address
on the nonsolicitation list.
c.
Updating of nonsolicitation list. On or about January 1, April 1,
July 1 and October 1 of each year, the Office of the Borough Clerk
shall update the list. The updated list shall then be forwarded to
the Chief of Police for distribution to solicitors and/or canvassers.
Any person who violates any provision of this section shall,
upon conviction thereof, be punishable by a fine not exceeding $2,000
or such other penalties consistent with N.J.S.A. 40:49-5. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
[1966 Code § 53-22]
Shall mean any person traveling 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 taking or attempting 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 such individual
has, carries or exposes for sale a sample of the subject of such sale
or whether he is collecting advance payments on such sale or not,
and such definition shall include any person who, for himself, or
for another person, firm or corporation, hires, leases, uses or occupies
any building, structure, tent, railroad boxcar, boat, hotel room,
lodging house, apartment, shop or any other place within the Borough
for the sole purpose of exhibiting samples and taking orders for future
delivery.
Shall mean a person who goes from house to house or place
to place on public thoroughfares or in public places distributing
printed material, circulars, posters, pamphlets, magazines, newspapers
or advertising matter.
[1966 Code § 53-20]
It shall be unlawful for any person to distribute or cause to
be distributed, to the occupant of any house, unless the same has
been previously ordered, or place or cause to be placed in or on any
premises or in any automobile or hand to any person on the street
or attach to any tree, pole, sign, billboard, fence or building, except
where located on the premises of the distributor, any card, circular,
pamphlet, newspaper, paper or other publication or any form of advertising
matter, unless the person shall first receive the approval of the
Borough Council.
[1966 Code § 53-21]
It shall be unlawful for any solicitor or canvasser to engage
in such business within the corporate limits of the Borough without
first obtaining a permit and license therefor in compliance with the
provisions of this section, which permit and license shall be good
for a period of 30 days.
[1966 Code § 53-23; New]
Applicants for permit and license under this section must file
with the Municipal Clerk a sworn application in writing (in duplicate)
on a form to be furnished by the Municipal Clerk, which shall give
the following information:
a.
Name and description of the applicant.
b.
Permanent home address and full local address of the applicant.
c.
A brief description of the nature of the business and the goods to
be sold.
d.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
e.
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.
f.
Two copies of a representative photograph of the applicant, which
photographs shall be at least two by two (2x2) inches, showing the
head and shoulders of the applicant in a clear and distinguishing
manner.
g.
The fingerprints of the applicant, which shall be taken and certified
by the Chief of Police and the names of at least two reliable property
owners of the County of Passaic, State of New Jersey, who will certify
as to the applicant's good character, and business respectability,
or in lieu thereof, such other available evidence as to the good character
and respectability of the applicant as will enable an investigator
to properly evaluate such character and business respectability.
h.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense, and the punishment or penalty assessed
therefor.
i.
At the time of filing the application a fee of $25 shall be paid
to the Municipal Clerk to cover the cost of investigation of the facts
stated therein.
[1966 Code § 53-24]
a.
Upon receipt of such application, the original shall be referred
to the Chief of Police, who shall cause such investigation of the
applicant's business and moral character to be made as he deems necessary
for the protection of the public good.
b.
If as a result of such investigation the applicant's character or
business respectability is found to be unsatisfactory, the Chief of
Police shall endorse on such application his disapproval and his reasons
for the same and return the application to the Municipal Clerk who
shall notify the applicant that his application is disapproved and
that no permit and license will be issued.
c.
If as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Chief of Police shall endorse on the application his approval, execute
a permit addressed to the applicant for the carrying on of the business
applied for and return the permit along with the application to the
Municipal Clerk, who shall, upon payment of the prescribed license
fee, deliver to the applicant his permit and issue a license. Such
license shall contain the signature and seal of the issuing officer
and shall show the name and address and photograph of the licensee,
the class of license issue and the kind of goods to be sold thereunder,
the amount of fee paid, the date of issuance and the length of time
the same shall be operative, as well as the license number of any
vehicle used in such soliciting or canvassing. The Clerk shall keep
a permanent record of all licenses issued.
[1966 Code § 53-25; New; Ord. No.
16-2013 § 2]
The license fee, which shall be charged by the Municipal Clerk
for such license, shall be $200 per annum.
[1966 Code § 53-26]
The Municipal Clerk shall issue to each licensee at the time
of delivery of his license a badge which shall contain the words "Licensed
Solicitor," and the number of the license in letters and figures easily
discernible from a distance of 10 feet. The badge shall be worn by
the licensee in a conspicuous manner, at all times while he is engaged
in soliciting or canvassing.
a.
Solicitors and canvassers shall be required to exhibit their licenses
at the request of any citizen of the Borough.
[1966 Code § 53-27]
No soliciting or canvassing activities shall be conducted within
the Borough earlier than 10:00 a.m. or later than 5:00 p.m.
[1966 Code § 53-28]
It shall be the duty of any Police Officer to require any person
seen soliciting or canvassing, and who is not known by such officer
to be duly licensed, to produce his solicitor's or canvasser's license
and to enforce the provisions of this section against any person found
to be violating the same.
[1966 Code § 53-29]
The Chief of Police shall report to the Municipal Clerk all
convictions for violation of this section and the Municipal Clerk
shall maintain a record for each license issued and record the reports
of violation therein.
[1966 Code § 53-30]
a.
Permits and licenses issued under the provisions of this section
may be revoked by the Mayor and Council after notice and hearing,
for any of the following causes:
1.
Fraud, misrepresentation, or false statement contained in the application
for license.
2.
Fraud, misrepresentation or false statement made in the course of
carrying on his business as solicitor or as canvasser.
3.
Any violation of this section.
4.
Convictions of any crime or misdemeanor involving moral turpitude.
5.
Conducting the business of soliciting or of canvassing in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
b.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed by registered
letter to the licensee at his last known address at least five days
prior to the date set for hearing.
[1966 Code § 53-31]
This section shall not apply to employees of any public utility
which is subject to regulation by the State Board of Public Utility
Commissioners, provided, however, that such employee shall display
the identification badge or card issued by his employer. This section
shall not apply to bona fide members of any church, social, civic,
fraternal, educational or philanthropic organizations located within
the Borough or any member of any such organization not located within
the Borough which has received the approval and endorsement of the
Borough Council.
[1966 Code § 53-32]
This section shall not apply to the following persons who are
hereby expressly exempt from its application.
a.
Any person honorably discharged from military services of the United
States possessing a peddler's license in conformance with N.J.S.A.
45:24-9 and 10.
b.
Any person who is an exempt firefighter of a voluntary fire department
as defined by N.J.S.A. 45:24-9 and 10 possessing a license in conformance
with the Statute.
[1966 Code § 53-33; New]
[Added 5-21-2019 by Ord.
No. 15-2019; amended 6-25-2019 by Ord. No. 19-2019]
No individual obtaining a license pursuant to this section shall
enter onto any property on which is located a sign or signs stating
"no solicitors" or carrying a similar message forbidding the entry
of any persons onto the property.
a.
Collection, preparation and maintenance of a nonsolicitation list.
The Office of the Borough Clerk shall collect, prepare and maintain
a list of addresses of those premises where the owner and/or occupant
has notified the Borough Clerk that soliciting and canvassing is not
permitted on his/her premises. To be included on the nonsolicitation
list, residents shall complete a form. With the adoption of this section,
the Office of the Borough Clerk shall mail the form to all residential
property owners or occupants. Thereafter, the form shall be available
in the Municipal Building's General Office during normal business
hours, Mondays through Fridays from 8:00 a.m. to 4:00 p.m., except
on weekends and legal holidays.
b.
The Borough Clerk and/or the Deputy Borough Clerk shall submit the
nonsolicitation list to the Chief of Police on a quarterly basis,
which nonsolicitation listing shall be distributed to applicants seeking
a license to solicit or canvass pursuant to the provisions of this
chapter. The licensee shall not solicit or canvass at any address
on the nonsolicitation list.
c.
Updating of nonsolicitation list. On or about January 1, April 1,
July 1 and October 1 of each year, the Office of the Borough Clerk
shall update the list. The updated list shall then be forwarded to
the Chief of Police for distribution to solicitors and/or canvassers.
Any person who violates any provision of this section shall,
upon conviction thereof, be punishable by a fine not exceeding $2,000
or such other penalties consistent with N.J.S.A. 40:49-5. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
[Ord. No. 18-2012]
The Borough Clerk shall accept applications and issue permits
for the delivery of free topsoil and/or free mulch by the Borough
Department of Public Works ("DPW") to residences within the Borough.
By submitting a permit application, each individual applicant certifies
that he/she is a resident of the Borough of Bloomingdale, shall use
the delivered materials solely for personal use in connection with
the named residence address, and shall hold the Borough harmless from
all claims for personal injury and/or property damage resulting from
or arising out of the delivery of such materials by the Borough DPW.
Permits shall be issued on a first come/first served basis provided
that the requested materials are available for delivery. A soil/mulch
delivery permit shall be valid for one delivery only.
[Ord. No. 18-2012]
The delivery of free topsoil and/or mulch by the DPW is made
available solely for Borough residents, and delivered topsoil and/or
mulch shall be used solely by the permit holder at the residence address
named in the permit application. DPW personnel shall have the authority
to exercise discretion in whether to complete a delivery of materials
if it reasonably appears to such personnel that the delivered materials
are intended for commercial use or resale. Where the DPW reasonably
refuses to complete delivery under such circumstances, the permit
fee shall be forfeited by the permit holder.
[Ord.. No. 18-2012; Ord. No. 9-2013]
Free soil and/or mulch shall be delivered on the driveway of
the delivery address named in the permit or other location as determined
solely by the DPW. The DPW shall not be required to perform any services
in connection with the delivery of the topsoil and/or mulch other
than to empty the materials from the truck in which they are transported
and to deposit them as set forth in this subsection.
[Ord. No. 18-2012]
The fee for a permit shall be paid in cash, in full, at the
time the permit is applied for and issued. The permit fee shall be
$50 for a single delivery.
[1966 Code § 78-1; Ord. No. 2-86]
As used in this section:
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 or public highways of this
State, and particularly accepts and discharges such persons as may
offer themselves for transportation from points or places to points
or places within or without the State.
[1966 Code § 78-2; Ord. No. 2-86]
No autocab shall be operated along any street in the Borough
until the owner shall obtain the consent of the governing body and
pay a license fee of $50 to the Borough.
[1966 Code § 78-3; Ord. No. 2-86]
a.
No such consent shall become effective until the owner of the autocab
shall have filed with the Municipal Clerk 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 to satisfy all claims for damages, by reason of bodily injury
to or death of any one person, resulting from an accident, and a sum
of not less than $300,000 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, by 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 $100,000 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.
b.
The consent shall become effective and operation thereunder shall
be permitted only so long as the insurance policy shall remain in
force to the full and collectible amounts as aforesaid.
c.
The insurance policy shall provide for the payment of any final judgment
recovered by any person on account of the ownership, maintenance or
use of the autocab or any fault in respect thereto and shall be for
the benefit of every person suffering loss, damage or injury as aforesaid.
[1966 Code § 78-4; Ord. No. 2-86; New]
If such owner operates more than one autocab, he may file with the Municipal Clerk, in lieu of the policy required by Subsection 4-5.3, a bond or insurance policy of a company duly licensed to transact business under the insurance laws of this State, in the sum of $300,000 which shall be a blanket insurance covering all cabs operated by such owner, which shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of any such autocabs or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
[1966 Code § 78-5; Ord. No. 2-86)]
The owner of the autocab shall execute and deliver to the Municipal Clerk concurrently with the filing of a policy or bond referred to in Subsections 4-5.3 and 4-5.4 a power of attorney, wherein and whereby the owner shall appoint the Treasurer of the Borough his true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy or bond filed.
[1966 Code § 78-6; Ord. No. 2-86]
a.
The Municipal Clerk, upon the filing of the required insurance policy
or bond, shall issue a certificate in duplicate showing that the owner
of the autocab has complied with the terms and provisions of this
section.
b.
The certificate shall recite the name of the insurance company, the
number and date of expiration of the policy or bond, a description
of the autocab insured thereunder and the registration number of the
same.
c.
The duplicate certificate shall be filed with the Division of Motor
Vehicles before any such car is licensed as an autocab.
d.
The original certificate shall be posted in a conspicuous place within
the autocab.
[1966 Code § 78-17; Ord. No. 2-86]
Where an autocab operates in more than one municipality, the insurance policy or bond required by Subsections 4-5.3 and 4-5.4 shall be filed with the Clerk of the municipality in which the owner has his principal place of business. The owner, upon receipt of a certificate issued by the Clerk certifying that the owner has complied with all the provisions of N.J.S.A. 48:16-1 et seq., shall file the same with the Clerk of each municipality in which such operation takes place.
[1966 Code § 78-8; Ord. No. 2-86]
a.
If the Commissioner of Insurance shall by written order provide for an exemption in accordance with the State Statutes, the company, in lieu of the insurance policy or bond provided for by Subsections 4-5.3 and 4-5.4, may file a copy of the order with a statement sworn to by its President, vice President, treasurer or assistant treasurer that the corporation is the owner of autocabs and that the copy of the order attached to the affidavit and filed therewith is a true copy of the original order and that the same has not been revoked.
b.
The copy of the order of exemption and statement shall remain in
lieu of an insurance policy or bond so long as the paid up cash capital
of the corporation shall be not less than $150,000 and the order of
the Commissioner shall remain in force.
[1966 Code § 78-9; Ord. No. 2-86]
[1966 Code § 78-10; Ord. No. 2-86]
A consent granted under Subsection 4-5.2 may be revoked by the governing body, after notice and hearing, whenever it shall appear that the person to whom the consent was granted has failed to furnish or keep in force the insurance policy or bond and power of attorney required by this section or to comply with any terms or conditions imposed by the body granting the consent or any law of this State.
[1966 Code § 78-11; Ord. No. 2-86]
As used in this section:
Shall mean and include any automobile or motor car with a
carrying capacity of not more than nine passengers, not including
the driver, used 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 or public highways of the
State, and which is hired by charter or for a particular contract,
or by the day or hour or other fixed period, or to transport passengers
to a specified place or places, or which charges a fare or price agreed
upon in advance between the operator and the passenger. Nothing in
this section contained shall be construed to include taxicabs, hotel
buses or buses employed solely in transporting school children or
teachers or autobuses which are subject to the jurisdiction of the
Board of Public Utilities or interstate autobuses required by Federal
or State law or rules of the Board of Public Utilities to carry insurance
against loss from liability imposed by law on account of bodily injury
or death.
Shall mean and include the business of carrying passengers
for hire by autocabs.
[1966 Code § 78-12; Ord. No. 2-86]
No autocab, limousine or livery service shall be operated wholly
or partly along any street until the owner of the autocab, limousine
or livery service shall have filed with the Municipal Clerk an insurance
policy of a company duly licensed to transact business under the insurance
laws of this State in the sum of $50,000 against loss by reason of
the liability imposed by law upon every autocab, limousine or livery
service owner for damages on account of bodily injury or death suffered
by any person as the result of an accident occurring by reason of
the ownership, maintenance or use of the autocab, limousine or livery
service upon any public street.
[1966 Code § 78-13; Ord. No. 2-86]
The owner of the autocab, limousine or livery service shall execute and deliver to the Municipal Clerk, concurrently with the filing of a policy or bond referred to in Subsection 4-6.2, a power of attorney, wherein and whereby the owner shall appoint the Treasurer of the Borough his true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy or bond filed.
[1966 Code § 78-14; Ord. No. 2-86]
a.
The Municipal Clerk, upon the filing of the required insurance policy
or bond, shall issue a certificate in duplicate showing that the owner
of the autocab, limousine or livery service has complied with the
terms and provisions of this section.
b.
The certificate shall recite the name of the insurance company, the
number and date of expiration of the policy or bond, a description
of every autocab, limousine or livery service insured thereunder and
the registration number of the same.
c.
The duplicate certificate shall be filed with the Division of Motor
Vehicles before any such car is registered as an autocab, limousine
or livery service.
d.
The original certificate shall be posted in a conspicuous place within
the autocab, limousine or livery service.
[1966 Code § 78-15; Ord. No. 2-86]
Where an autocab, limousine or livery service operates in more than one municipality, the insurance policy or bond required by Subsection 4-6.2 and the power of attorney required by Subsection 4-6.3 shall be filed with the Municipal Clerk only where the owner has his principal place of business in this Borough. Upon the required filings, the Municipal Clerk shall issue a certificate in accordance with Subsection 4-6.4.
[1966 Code § 78-16; Ord. No. 2-86]
a.
If the Commissioner of Insurance shall, by written order, provide for an exemption in accordance with State Statutes, the company, in lieu of the insurance policy or bond provided for by Subsection 4-6.2, may file a copy of the order with a statement sworn to by its President, vice President, treasurer or assistant treasurer that the corporation is the owner of autocabs, limousines or livery services and that the copy of the order attached to the affidavit and filed therewith is a true copy of the original order and that the same has not been revoked.
b.
The copy of the order of exemption and statement shall remain in
lieu of an insurance policy or bond so long as the paid up cash capital
of the corporation shall be not less than $150,000 and the order of
the Commissioner shall remain in force.
[1966 Code § 78-17; Ord. No. 2-86]
Upon the Commissioner's revoking his order granting exemption, the company shall immediately file an insurance policy or bond as required by Subsection 4-6.2.
[1966 Code § 78-18; Ord. No. 2-86]
Except for the license fee in Subsection 4-5.2, all dollar amounts in §§ 4-5 and 4-6 are set according to State Statutes. In the event any or all of the amounts are amended by State Statute, same shall also be deemed to be amended in the within sections without the necessity of formal action by the Mayor and Council.
[New]
[1966 Code § 5-1; Ord. No. 11-80]
No person shall maintain, operate or possess, in any store,
building or other place wherein the public is invited or where the
public may enter or any building or other place wherein any club,
group or organization meetings are held within the Borough, any amusement
games or devices of the type commonly known as "bagatelle," "pinball
machine," "electric-crane machines," "ballyhoo," "baseball," "bowling,"
"pin amusement games," or "electronic gaming devices," without first
obtaining a license.
[1966 Code § 5-2; Ord. No. 11-80]
The annual license fee for each such amusement game or machine
shall be $50 payable with the application for the calendar year in
which issued.
[1966 Code § 5-3]
The Municipal Clerk shall cause to be prepared the necessary
forms of application for a license to maintain such games or machines,
which application shall state the name and address of the applicant,
the location where the machine or game is to be installed and the
kind of machine and shall state whether or not the applicant has been
convicted of a crime or violation of any municipal ordinance and such
other information as the Mayor and Council shall deem necessary and
proper. A separate application shall be required for each machine.
A license fee shall accompany each application filed, and, if the
application is denied, the fee shall be returned to the applicant.
[1966 Code § 5-4]
The application must be signed by the applicant and his signature
witnessed. Upon receipt of the application the Municipal Clerk shall
refer the same to the Chief of Police who shall make, or cause to
be made, an inspection of the premises described in the application.
The Chief of Police, upon completion of his inspection, shall attach
to the application his report in writing, which shall also state his
approval or disapproval and the reasons therefor. Upon receipt of
the application and inspection report, the Mayor and Council shall
proceed to consider the same and shall either approve or disapprove
the issuance of the license to the applicant. If the application is
approved, the Mayor and Council may authorize the Municipal Clerk
to issue the necessary license upon receipt of the license fee as
herein provided.
[1966 Code § 5-5]
At any time after the granting of the license, the Mayor and
Council may, in the exercise of its discretion, revoke the same for
any willful false statement in the application. The license may be
revocable in the event that licensee shall be convicted of any crime
or shall be convicted of any violation of this section.
[1966 Code § 5-6]
Nothing contained in this section shall prohibit the holder
of the license herein provided for from substituting a game or machine
at the location set forth in such license, but at no time shall more
than one game or machine be operated under one license.
[1966 Code § 5-7]
Every such license shall apply only to the person to whom granted
and for the premises stated in the application and shall not be transferable
unless the Mayor and Council approves of such transfer in writing.
[1966 Code § 5-9; Ord. No. 6-83]
No more than four machines or devices of the type or types herein
mentioned shall be permitted to be used or operated in any one place,
location or premises unless the place, location or premises contains
floor area of 10,000 square feet or more to which the public has access.
The place, location or premises shall be permitted to be licensed
for up to but no more than six machines of the type or types as permitted
under this section, provided that there is adult supervision on the
premises at any time the machines are operational. A separate license
must be obtained for each machine permitted under this section.
[1966 Code § 5-10]
The license, when granted, shall be affixed, in a conspicuous
place, to the machine for which it was issued and show the name and
post-office address of the licensee, the manufacturer's serial number
of the machine and the amount required to operate the game, device
or machine and shall state that the device to which the same is affixed
is licensed by the Borough.
[1966 Code § 5-11]
Any person who shall use, or permit to be used, any of the machines
or devices licensed hereunder for the purpose of gambling shall be
guilty of a violation of this section and penalized as herein provided.
The Mayor and Council may, in its discretion, revoke the license of
the licensee if the machine is used or permitted to be used for the
purpose of gambling.[1]
[1966 Code § 5-12; Ord. No. 11-80]
This section is enacted for the purpose of raising revenue and for the regulation and control of amusement games or machines as described in Subsection 4-7.1.
[1966 Code § 5-13; New]
[Ord. No. 7-2002 § I]
As used in this section:
Shall mean any eating establishment where food and other
refreshments are served upon the public right-of-way, including sidewalks,
immediately in front of any restaurant, cafe, cafeteria or place of
business where food and/or other refreshments are served or permitted
on private property pursuant to the Borough's Land Use Code.
Shall mean that portion of a highway intended for the use
of pedestrians between the curbline of the lateral line of a shoulder
and the adjacent right-of-way.
[Ord. No. 7-2002 § I]
It shall be unlawful for any person, firm or corporation to
operate an outdoor cafe within the Borough of Bloomingdale in any
zone in which such use is permitted unless such person, firm or corporation
shall hold a currently valid license issued by the Borough.
[Ord. No. 7-2002 § I]
An application for a license hereunder shall be made to both
the Construction Department and the Department of Health. The application
shall contain the following information:
a.
The name, address and telephone number of the applicant and the property
owner, if other than the applicant, and the consent of the owner of
the property to the application;
b.
The address and description of each place where the applicant intends
to establish or operate the outdoor cafe;
c.
Two sets of a proposed layout plan, containing scaled drawings showing
the following information:
1.
The number, type of materials, color and location of all tables,
chairs, umbrellas, or other furnishings or fixtures including lighting
and electrical outlet locations, if any, intended to be located in
the outdoor cafe;
2.
The location of any doors leading from the eating establishment to
the outdoor cafe, which doors shall not be obstructed in any way;
3.
The capacity of the existing restaurant and of the proposed outdoor
cafe;
4.
The location of all fire hydrants, parking meters, utility poles,
benches, handicap ramps, street furniture, trees and any other fixtures
permanently located on the sidewalk in front of the restaurant or
within 10 feet thereof on either or any side;
5.
The number of feet and locations of unobstructed space permitting
the free passage of pedestrian traffic around or through each outdoor
cafe.
d.
The applicant shall submit a nonrefundable application fee of $100.
[Ord. No. 7-2002 § I]
The Construction Code Official and the Health Officer shall
review the application (including plans) and shall approve or recommend
modification of same within 10 business days of the date of submission
of the application.
[Ord. No. 7-2002 § I]
Upon approval by the Construction Code Official and the Health
Officer of the application and the plans submitted by the applicant,
a license shall be issued provided the applicant has provided the
following to the Borough:
a.
A statement agreeing to indemnify and hold harmless the Borough of
Bloomingdale, its agents, servants, representatives or employees from
any and all claims, damages, judgment costs or expenses, including
attorneys fees, which the Borough or any of the foregoing may incur
or be required to pay because of any damage and/or personal injury
to any person or persons as a result of or related in any way to the
operation and maintenance of the outdoor cafe for which the license
is issued.
b.
A certificate of insurance for a comprehensive general liability
policy naming the Borough as an additional insured in the amounts
of $1,000,000/$1,000,000. The policy of insurance shall contain a
clause obligating the company issuing same to give not less than 30
days' written notice to the Borough before cancellation, or amendment
to any of the terms thereof. Notice of cancellation shall not relieve
the company issuing such policy of liability for any injury or claim
arising before the cancellation becomes effective. The cancellation
of any such policy shall have the immediate effect of suspending the
license of such person, firm or corporation to operate the outdoor
cafe covered thereby until a new policy complying with the provisions
of this section is filed with the Borough and a letter in writing
confirming the new effective date of the license is issued by the
Borough.
[Ord. No. 7-2002 § I]
If the applicant is the holder of any alcoholic beverage control
license pursuant to the laws of the State of New Jersey, alcoholic
beverages may be served and/or permitted to be consumed in the outdoor
cafe area if otherwise permitted by the Alcoholic Beverage Commission.
Any consumption of alcohol within the outdoor cafe must be consumed
by the glass, and no alcohol may be consumed directly from the container.
The applicant for a license to be permitted to operate an outdoor
cafe must comply and ensure compliance with all other provisions of
the Revised General Ordinances of the Borough of Bloomingdale pertaining
to alcohol and the consumption thereof.
[Ord. No. 7-2002 § I]
Outdoor cafes shall be permitted to operate from April 1st to
October 31st in any calendar year. No outdoor cafe shall open for
business prior to 7:00 a.m. or remain open for business after 11:00
p.m.
[Ord. No. 7-2002 § I]
An outdoor cafe shall comply with all of the following rules,
regulations, and specifications:
a.
Within 30 minutes after the closing of the cafe, the applicant shall
have all customers, furniture, utensils and any other materials used
in the operation of the cafe, or within the area used by the cafe,
removed from the sidewalk area. No tables, chairs or other equipment
used in the outdoor cafe shall be attached, chained, or in any manner
affixed to any tree, post, sign, curb, sidewalk or property of the
Borough within or near the licensed area.
b.
The area of operation shall be kept clean and free of litter. Ashtrays
shall be provided if smoking is permitted by the applicant. Sidewalks
shall be washed daily and closed trash receptacles, including smokers'
outposts, shall be provided as approved by the Health Officer.
c.
Music, if any, shall be kept at a reasonable level that is not unnecessarily
loud or objectionable to persons in or around the area.
[Ord. No. 7-2002 § I]
Any license issued hereunder is issued solely as a revocable
license that shall be subject to revocation or suspension by the Borough
for failure of any licensee to comply with the provisions herein or
for violation of any other applicable Federal, State, County or Municipal
law, regulation or ordinance. Further, the Borough reserves the right
to modify, suspend or revoke any license on 10 days' written notice
if the Borough determines that pedestrian traffic is rendered unsafe
because of the operation of the outdoor cafe or because of any other
safety issue that the Borough determines adversely affects the Borough
because of such operation.
[Ord. No. 7-2002 § I]
The license shall be valid for one calendar year. Renewal applications
shall include the application fee. The applicant agrees that at the
end of the licensed period, or in the event that the license is temporarily
or permanently suspended or revoked, that the applicant will, at its
own cost and expense, vacate the sidewalk area and promptly remove
any property placed thereon. Failure to do so on five days' written
notice shall grant to the Borough the right to remove any property
on the sidewalk and the applicant agrees to reimburse the Borough
for the cost of removing and storing the same.
[1966 Code § 5-16; Ord. No. 4-2006 § 1]
It shall be unlawful in the Borough to conduct a bowling alley,
billiard room, poolroom or combination thereof, or such other places
where the business of bowling or playing billiards or pool are conducted
for gain, reward or profit, without first having obtained a license
for that purpose in accordance with the provisions of this section.
[1966 Code § 5-17]
An application for such license issuable under this section
shall be made to the Municipal Clerk in writing, signed by the person
or persons, society, club, corporation or association intending to
conduct such place of business, and the application shall specify
the location of the premises, the approximate size and the type and
nature of the building and the structure thereon, the nature of the
business to be conducted, the name, residence, age and occupation
of the applicant, the number of alleys or tables to be licensed and
such other information and data which by the rules and regulations
of the governing body shall be considered pertinent. Applicants shall
furnish photographs, two by two (2 x 2) inches, of the principal owners
or operators of the business in question. In addition, the applicant
shall agree, in writing, to conform his business hours to those set
forth in this section.
a.
All applications shall be submitted to the Chief of Police for his
inspection and investigation and he shall report, in writing, to the
Municipal Clerk. The application shall also be submitted to the Chief
of the Fire Department for his inspection of the premises and investigation
and he shall report, in writing, to the Municipal Clerk.
b.
Where the Municipal Clerk considers it appropriate, the application
shall also be submitted to the Health Officer who shall investigate
and who shall report, in writing, to the Municipal Clerk.
c.
The Chief of Police, Chief of the Fire Department and Health Officer
shall respectively satisfy themselves as to the moral and public-safety
hazard, the sanitary requirements and conditions and the fire hazards
involved and shall make report together with their approval or disapproval
within 10 days after the application has been submitted to them.
d.
Upon return of the application to the Municipal Clerk by the Police
Chief, Fire Chief and Health Officer, the Municipal Clerk shall then
refer the application for license to the governing body for consideration
and determination.
e.
Upon favorable action of the governing body the license herein provided
shall be issued to the licensee.
[1966 Code § 5-18]
a.
The term of each license issued hereunder shall run from January
1 and expire December 31 following the issuance thereof. Any games
now being conducted and covered by this section which are not licensed
shall be licensed in accordance herewith and the persons conducting
same shall be given 30 days after final passage of this section in
which to secure the license.
b.
Any license issued after August 1 of any year shall require payment
of 1/2 of the full license fee for the year and such license shall
expire on December 31 after its issuance.
c.
Each license issued shall apply only to the person specified therein
and shall not be transferable to any other firm or corporation or
to any other place or location other than that shown or set forth
in the license.
[1966 Code § 5-19]
The license shall be posted and displayed in a conspicuous place
in the bowling alley, billiard room, poolroom or such other place
where the business of bowling or playing billiards or pool is conducted.
[1966 Code § 5-20; Ord. No. 278]
a.
The annual payable fee for licenses to be issued under this section
shall be:
1.
The sum of $100 for each pool or billiard table on the premises.
There shall be no fee if there is only one pool or billiard table
on the premises. (In computing the number of pool or billiard tables
for which a fee is to be paid, each and every table is to be included.)
2.
The sum of $10 for each bowling alley on the premises.
b.
The aforesaid fees shall be paid to the Municipal Clerk at the time
the application for or renewal of the license is submitted. In the
event the license is refused or not issued, then the aforesaid license
fees shall be refunded.
[1966 Code § 5-21]
No license to operate or conduct a bowling alley, billiard room,
poolroom or combination thereof, or such other place where the business
of bowling or playing billiards or pool is conducted, shall be issued:
a.
To any minor.
b.
To any person convicted of crime or violation of any State law or
municipal regulation involving gambling or moral turpitude.
c.
Unless the applicant is found to be of good moral character and the
particular application will not work to the detriment of the health
or welfare of the Borough or the residents thereof.
[1966 Code § 5-22]
No person operating or having control of any billiard or pool
table for profit, or who has the control of any room or rooms wherein
is kept, used or operated for profit any billiard or pool table of
any kind whatsoever, shall permit or allow any person under those
ages as is provided by law to play thereon or to use any such table
or to be, remain in or frequent or loiter in any such room, nor shall
any person known to have been convicted of a crime or violation of
a State law or municipal regulation involving gambling be permitted
to use any such table or to remain in or frequent any such room.
[1966 Code § 5-23]
It shall be the duty of any person who is the proprietor or
keeper of a billiard room or poolroom to post conspicuously in his
place of business the following sign: "Minors Under Those Ages as
is Provided by Law Not Allowed Here."
[1966 Code § 5-24]
No license shall hereafter be issued to conduct the business
of a bowling alley or billiard room or poolroom within 200 feet of
any school, library or church premises.
[1966 Code § 5-25]
This section shall not apply to any duly authorized church or
to any bona fide veterans', charitable, educational, religious, civic,
fraternal organizations, provided, however, that such organizations
are organized on a nonpecuniary profit basis and do not have a plenary
retail consumption license issued by any Alcoholic Beverage Control
Board.
[1966 Code § 5-26]
Every licensed poolroom, billiard room or bowling alley or combination
thereof shall be established to admit a view of the interior thereof
from the entrance to licensed premises, provided, however, that a
curtain or other means of screening may be used on windows or doors
of the premises to a height of five feet from the floor of the premises;
provided, however, that the screening shall not obstruct or prevent
the view or examination of the interior of the premises by a Police
Officer, or any inspection by any other officer of the law.
[1966 Code § 5-27]
The owner or operator of every billiard room, poolroom or such
other place as may exist wherein billiards or pool is licensed hereunder
shall not use or permit the use of the billiards and pool tables for
any purpose except during the following hours:
[1966 Code § 5-28]
The owner or operator of every bowling alley or such other place
as may exist wherein bowling is licensed hereunder shall not use or
permit the use of the alleys for any other purpose except during the
following hours:
[1966 Code § 5-29]
a.
A complaint may be filed by any interested citizen or by a member
of the Police or Fire Department, if the complainant shall have reason
to believe that a violation of this section exists in any premises
licensed in accordance with this section.
b.
The license issued hereunder may be suspended or revoked by the governing
body upon a hearing to be held after notice to the licensee.
[1966 Code § 5-30; New]
[1966 Code § 20-1; Ord. No. 2-74; Ord. No. 12-96]
It shall be unlawful for the owner or operator of any commercial
establishment or social club including but not limited to those establishments
at which there is used a license for the sale of alcoholic beverages
to permit dancing, exhibitions or entertainment in or on the premises
except as hereinafter provided.
[1966 Code § 20-2; Ord. No. 2-74; Ord. No. 16-84]
a.
Application to permit the aforesaid activities shall be made to the
Mayor and Council and shall be accompanied by an application fee of
$100. The application shall contain the following information:
1.
The name of the applicant.
2.
The location of the premises to be licensed.
3.
The trade name of the applicant, if any.
4.
Whether the applicant is an individual, partnership, corporation
or other legal entity.
5.
The name, home address and business address, if any, and home and
business telephone numbers of the applicant, and if the applicant
is a corporation or other legal entity, the same information plus
title shall be supplied for each director, officer and agent of the
corporation or principals of the entity.
6.
The name and address of the registered agent and date of incorporation,
if the applicant is a corporation.
7.
The name, home address and business address, if any, and the home
and business telephone numbers of the owners of the premises, if such
owner is a person other than the applicant.
8.
The name, home address and home telephone number of the manager or
other agent of the applicant, if any, who shall be in charge of the
licensed premises.
10.
The maximum occupancy, stated in number of persons, of the premises
for which the license is sought.
11.
The number of exits.
12.
A description of the off-street parking facilities, including but
not limited to location and capacity, stated in number of parking
spaces.
13.
The hours of operation.
14.
The minimum number of employees that will be on duty at any time
in solely a security or policing capacity.
15.
The amount, if any, charged for admission and the manner in which
that charge is to be made, whether by fee, ticket, token or other
device.
16.
The items of commerce that will be available for purchase on the
licensed premises.
17.
A copy of the floor plan with descriptive information for the use
of each area.
18.
Whether or not the sale of alcoholic beverages is intended and the
date of appropriate licensing.
19.
The application shall be signed by each individual applicant; by
each partner, if a partnership; or by the President or other authorized
officer of any corporation or legal entity.
b.
The application shall be certified that the proposed use meets all
the requirements of this section and all other regulations of the
Borough and the laws of the State of New Jersey. The application shall
be sworn to and certified before an officer authorized to take oaths.
[1966 Code § 20-3; Ord. No. 2-74; Ord. No. 16-84]
Copies of the application shall be forwarded to the Building
Subcode Official, Fire and Health Inspectors and Chief of Police,
who shall then conduct an investigation to determine compliance of
the application with this section, and the aforesaid officers shall
also state whether the premises or use thereof are in violation of
any of the laws of the Borough. The investigation by the aforesaid
officers shall be made in writing and copies shall be forwarded to
the Mayor and Council and the applicant within 30 days of the receipt
of the application by the Municipal Clerk.
[1966 Code § 20-4; Ord. No. 2-74; Ord. No. 16-84]
a.
Within 30 days of the receipt of the investigations by the aforesaid
officers, a public hearing shall be conducted by the Mayor and Council
to determine whether the application meets the requirements of this
section and other Borough regulations and the laws of the State of
New Jersey, which public hearing shall be advertised by the applicant
at least 10 days prior to its date. The applicant shall notify, by
certified mail, return receipt requested, all residents and property
owners within 200 feet of the subject premises of the hearing and
shall state in the notice the purpose of the public hearing.
b.
A license shall be granted after this hearing unless the Mayor and
Council determine, after considering all the evidence presented by
the witnesses, that the granting of the license will be detrimental
to public health, safety, property values or the peaceful occupation
or use of property in the immediate area or that the proposed location
fails to comply with the health or safety provisions of this section
or of any other regulation or any other law.
c.
The governing body may have the right, as a condition to the issuance
of a permit, to require a full-time security guard or guards, as a
result of evidence received at the hearing from witnesses, that a
guard or guards will be required on and about the premises to protect
the public interest.
[1966 Code § 20-5; Ord. No. 2-74]
The maximum number permitted in an area designated and approved
for dancing by the Mayor and Council shall be one person for each
six square feet of floor area designated for dancing. The owner or
occupant of such premises shall cause signs designated by the Building
Subcode Official to be posted, stating the number of persons permitted
to occupy the dancing area at one time.
[1966 Code § 20-6; Ord. No. 2-74]
The maximum number of persons permitted to occupy an area designated
for entertainment or exhibition shall be one person per 10 square
feet of designated area.
[1966 Code § 20-7; Ord. No. 2-74; Ord. No. 16-84]
The owner or occupant of the premises shall have on duty, if
the governing body has required him as a condition of his permit to
do so, a person skilled in maintaining security, peace and good order
on the premises, and the person shall not be employed in any other
capacity on the premises. The person so employed shall first be approved
by the Chief of Police of the Borough.
[1966 Code § 20-8; Ord. No. 2-74]
The provisions of this section shall not apply to the activities
conducted by charitable organizations wherein there is no gain obtained,
such as religious organizations, school functions, or Police and Fire
Department affairs.
[1966 Code § 20-9; Ord. No. 2-74]
It is the intention of this section not to supersede any provisions
of the alcoholic beverage regulations or any other regulations of
the Borough, but this section shall be read in conjunction with all
other ordinances.
[1966 Code § 20-10; Ord. No. 2-74]
Upon receiving permission from the Mayor and Council to conduct
a proposed activity, the permit to conduct the same shall be posted
in a prominent place in the premises.
[1966 Code § 20-11; Ord. No. 2-74; Ord. No. 16-84]
Any license issued hereunder may be revoked or suspended after
written notice and full hearing of charges by the governing body for
the cause hereinafter specified. Such license, when so suspended or
revoked, shall not be eligible for reissuance until at least two years
following the date of such suspension or revocation. The following
shall constitute sufficient cause for the suspension or revocation
of a license issued hereunder:
a.
Lewd, disorderly or immoral conduct allowed, permitted or suffered
by the licensee in or upon the licensed premises.
b.
Conduct allowed, permitted or suffered by the licensee in or upon
the licensed premises which constitutes a nuisance.
c.
Conviction of the licensee for violation of the provisions of this
section, provisions of Title 2C and Title 33 of the New Jersey Statutes
and such other laws of the Borough and the State of New Jersey which
bear upon the preservation of the public health, safety or general
welfare of the residents of the Borough and persons patronizing such
establishments.
[1966 Code § 20-11.1; Ord. No.
16-84]
No license shall be renewed until approved by the governing body upon completion and review of updated investigative reports, such as those required for an original application in accordance with Subsection 4-10.2, review and investigation of previous years' operations and payment of the annual licensing fee of $100. If the governing body, in the exercise of its discretion, determines, prior to a decision on the renewal of a license, that a hearing is required, a hearing shall be held in accordance with the provisions of Subsection 4-10.4.
[1966 Code § 20-11.2; Ord. No.
16-84]
Every person licensed under this section shall observe the following
restrictions:
a.
Persons Excluded. If the licensee has an alcoholic beverage license,
the licensee shall not permit, suffer or allow any person who is less
than the minimum drinking age, as defined by the laws of the State
of New Jersey, or any intoxicated or disorderly person to be admitted
to the licensed premises or to remain therein.
b.
Good Order. The licensee shall maintain good order throughout the
entire licensed premises, including any off-street parking facilities,
and shall not permit disruptive activity in or about the entrances,
exits, sidewalks or other portion of the licensed premises.
c.
Employees and Attendants. At all times during business hours, the
licensee shall, if the governing body has required him as a condition
of his permit to do so, provide an adequate number of qualified security
officers continuously on duty, who shall patrol the licensed premises
and its entrances, exits, sidewalks and other portions of the licensed
premises to maintain order, to prevent disorderly or immoral conduct,
to assure that the licensed premises and its entrances and exits are
kept free from congestion and that the provisions of this section
and all other applicable ordinances, regulations and laws are complied
with.
d.
Parking. It shall be the responsibility of the licensee to provide
sufficient off-street parking for patrons and employees as required
by law.
[1966 Code § 20-15; Ord. No. 2-74]
The holder of any license for the sale of alcoholic beverages
permitting dancing, exhibitions or entertainment at the time of the
passage of this section shall make the appropriate applications as
required by the terms of this section within 90 days of the final
passage.
[1966 Code § 20-12; Ord. No. 2-74; New]
[1966 Code § 50-1]
No public meetings, assemblies or parades in or upon the public
streets, highways or public parks of the Borough, shall take place
or be conducted until a permit is obtained from the Chief of Police
or as provided herein below, from the Mayor and Council.
[1966 Code § 50-2]
Any person or organization desirous of conducting a public meeting,
assembly or parade at any public place in the Borough, shall file
an application with the Chief of Police at least five days in advance
of the proposed meeting, assembly or parade, which application shall
designate the proposed date, time and place, and if a parade, the
proposed route along which such parade is intended to march or travel,
and the names of the persons in control of the same or responsible
therefor; if there shall be no prior application for a public meeting,
assembly or parade at the stated time and place, the members of the
Public Health and Safety Committee and the Chief of Police shall forthwith
issue a permit granting the application unless a prior application
for the time and place shall have been made, in which event the members
of the Public Health and Safety Committee and the Chief of Police
shall indicate another time and place and upon the selection of the
alternative time and place by the applicant, they shall forthwith
grant a permit, provided, however, that the members of the Public
Health and Safety Committee and the Chief of Police may refuse a permit
for the meeting, assembly or parade when in their judgment, the conditions
of vehicular and pedestrian traffic or the effect upon stores, offices
or other places of business or upon residents in the vicinity all
considered in relation to the comfort and convenience of the public
generally shall so warrant. Upon denial of the members of the Public
Health and Safety Committee and the Chief of Police of any application
made in pursuance of this section, the applicant may appeal from the
determination of the members of the Public Health and Safety Committee
and the Chief of Police within three days thereafter to the Mayor
and Council by filing the application with the Municipal Clerk, who
shall thereupon promptly convoke a meeting of the Board for the purpose
of acting upon the application. Upon such appeal the Board may reverse,
affirm or modify in any regard, the determination of the members of
the Public Health and Safety Committee and the Chief of Police by
a vote of a majority of those present at the meeting. To carry out
the judgment of the Mayor and Council upon an appeal, the Municipal
Clerk is directed to issue a permit in conformity with the judgment
of the Mayor and Council.
[1966 Code § 50-3; New]
[Ord. No. 16-2014]
Pursuant to N.J.S.A. 39:4-60 and N.J.A.C. 16:40-1.1, authorized
charitable organizations as defined in N.J.S.A. 45:17A-20 are hereby
permitted to solicit contributions in the right-of-way of a highway
located within the Borough subject to the provisions and restrictions
contained in this chapter.
[Ord. No. 16-2014]
a.
Permit Required. All charitable organizations who desire to solicit
contributions in roadways situate in the Borough of Bloomingdale must
obtain a permit from the Borough of Bloomingdale. Each roadway solicitation
shall require a separate permit. No permits shall be issued by the
Borough for more than two solicitations per month. There shall be
no fee for the issuance of the permit.
b.
Application. An application for a permit shall be filed with the
Bloomingdale Borough Clerk on a form supplied by said Clerk specifying
the following information:
1.
Name, address, telephone number of applicant organization.
2.
Name, address, telephone number of contact person for applicant organization.
3.
Date and time of proposed charitable solicitation.
4.
A description of the manner in which the motorist solicitation will
be conducted.
5.
Specific location of proposed charitable solicitation.
6.
Sketch of proposed location.
c.
County or State Roadways. If said request pertains to a location
or locations on any County highway, or intersection of a County highway,
said application shall include a copy of an authorization from the
Passaic County Board of Chosen Freeholders to permit said charitable
solicitation. If said request pertains to a location or locations
on any State highway, or intersection of a State highway, said application
shall include a copy of an authorization from the Commissioner of
Transportation of the State of New Jersey to permit said charitable
solicitation.
[Ord. No. 16-2014]
Upon filing of a complete application in accordance with the
provisions of this section, the application shall be reviewed by the
Borough Clerk and the Chief of Police or his designee. The Police
Chief is hereby authorized to issue a letter of endorsement for the
issuance of a permit subject to his/her review. The application and
the letter of endorsement, if issued, shall be transmitted by the
Borough Clerk to the Borough Council who shall approve or deny the
application. If the applicant's request is granted, a permit shall
be issued to the applicant which shall be subject to the representations
contained in the applicant's application and any other conditions
as imposed by the Borough. An approved applicant must submit a Certificate
of Insurance naming the Borough as an additional insured at least
three days prior to the event.
[Ord. No. 16-2014]
a.
The Borough Council may deny a permit based on the following reasons:
1.
To ensure that traffic flow is not unreasonably impeded, interrupted,
or delayed;
2.
The design of the particular highway and/or intersection, turning
movements, traffic densities, and/or speeds do not permit the safe
interaction between the solicitor and vehicular traffic;
3.
The solicitation would interfere with construction activity; or
4.
To protect the public safety.
b.
If the Borough Council denies a permit, the notice of denial will
set forth the reasons for the denial.
c.
An applicant who has been denied a roadway charitable solicitation
permit may appeal such denial to the Borough Council of the Borough
of Bloomingdale.
d.
The applicant may submit a written request for reconsideration to
the Borough Council, within 30 days of denial of a permit.
[Ord. No. 16-2014]
a.
Any organization requesting authorization from the Borough of Bloomingdale
for solicitation shall comply with all the terms and conditions of
N.J.S.A. 39:4-60, by P.L. 1997, Chapter 82, approved April 30, 1997
and the Code of the Borough of Bloomingdale.
b.
Organizations must adhere to the following conditions:
1.
Only adults over the age of 18 shall be allowed in the roadway;
2.
Adults soliciting in the roadway, or within 15 feet of the roadway,
must wear properly sized, ANSI 107-2004 Class 2 or 3 high visibility
apparel. Wearing non- ANSI approved apparel will be reason for immediate
cessation of the event;
3.
Solicitation shall only be permitted at signalized intersections
during daylight hours;
4.
Solicitation may not stop or impede vehicular or pedestrian traffic.
Traffic must be stopped before solicitation can begin, and cease when
traffic resumes movement. Flagmen are not permitted to be utilized
to control or regulate traffic movement;
5.
Solicitors may not harass the motorists or public;
6.
Solicitors shall not consume or be under the influence of alcohol
or drugs; and
7.
The organization will be responsible for cleaning any debris from
the solicitation site within two hours of the end of solicitation.
[Ord. No. 16-2014]
The Department of Transportation, Passaic County official, or
any Borough official or law enforcement officer can order the charitable
organization to cease roadway solicitation operations based upon,
but not limited to: roadway issues, public safety concerns, weather
conditions, or traffic conditions. This cease order does not transfer
any liability or exposure to expenses to the official who is delaying
or revoking the coin drop event.
[Ord. No. 16-2014]
The general penalty provision as contained in § 1-5 of the Revised General Ordinances of the Borough of Bloomingdale shall apply. Each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[1966 Code § 41-1]
It shall be unlawful for any person to operate a merry-go-round
or conduct a circus or a traveling or other street show within the
limits of the Borough without first obtaining a license for that purpose;
provided, however, that nothing in this section shall require any
person to take out a license to sell any product of his farm or to
sell milk.
[1966 Code § 41-2; New]
The fees for such licenses shall be as follows:
[1966 Code § 41-4]
Any person desiring any such license shall make application,
in writing, to the Municipal Clerk, signed by the applicant and stating
his name, residence and post office address and the purpose for which
such license is desired, which application shall be accompanied by
the proper license fees; then the Municipal Clerk shall issue and
deliver to the applicant the proper license subject to the approval
of the Borough Council. Every such license so issued shall be valid
only to the person named therein.
[1966 Code § 41-6]
All licenses issued prior to the 31st day of December in any
year expire on that day, except licenses which are issued for a period
of less than one year.
[1966 Code § 41-9; New]
Any person conducting a traveling or other show, merry-go-round or circus within the limits of the Borough without having first procured a license as herein provided or any person who shall violate any of the provisions of this section shall, upon conviction, be liable for the penalty stated in Chapter 1, § 1-5.
[Ord. No. 15-2003 § I]
Shall mean the taking of still or motion pictures either
on 8mm or video tape or similar recording medium, for commercial or
educational purposes intended for viewing on television, in theaters
or for institutional uses.
Shall mean any and every public street, highway, sidewalk,
square, public park or playground or any other public place within
the Borough, which is within the jurisdiction and control of the Borough
of Bloomingdale. Incidental use of a public sidewalk or street, which
is of minimal impact and does not result in a closing of it to public
use, shall not be considered filming on public land.
[Ord. No. 15-2003 § I]
a.
No person or organization shall film or permit filming on public
property within the Borough of Bloomingdale without first having obtained
a permit from the Borough of Bloomingdale, which permit shall set
forth the approved location of such filming and the approved duration
of filming by specific reference to day or dates. Said permit must
be readily available for inspection by the Borough officials at all
times at the site of the filming.
b.
All permits shall be applied for and obtained from the office of the Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the Mayor and Council and accompanied by a permit fee in the amount established by this Subsection 4-15.4 herein. All applications shall be accompanied with a description of the film and proposed film rating.
c.
If a permit is issued and, due to inclement weather or other good
cause, filming does not in fact take place on the dates specified,
the Borough Clerk may, at the request of the applicant, issue a new
permit for filming on the dates subject to full compliance with all
other provisions of this section. No additional fee shall be paid
for this permit.
[Ord. No. 15-2003 § I]
a.
No permit will be issued by the Borough Clerk unless applied for
prior to 24 hours before the requested shooting date, provided, however,
that the Borough Clerk may waive the 24 hour time period, if, in his/her
judgment, applicant has obtained all related approvals.
b.
No permit shall be issued for filming upon public lands unless applicant
has provided Borough Clerk with the satisfactory proof of the following:
2.
An agreement in writing whereby applicant agrees to indemnify and
save harmless the Borough of Bloomingdale from the use of public lands.
3.
Any agreement in writing whereby the applicant agrees that the location
utilized will be left after filming in a satisfactory condition, free
of debris, rubbish and equipment and that due observance of all Borough
ordinances, laws and regulations will be followed.
4.
The hiring of qualified security personnel, as recognized by State law, separate and apart from the Borough police officers which may be needed as per Subsection c below.
|
The holder of a permit shall conduct filming in such a manner
as to minimize the inconvenience or discomfort to adjoining property
owners attributable to such filming and shall, to the extent practicable,
abate noise and park vehicles so that they will have minimum affect
on traffic. The holder shall avoid any interference with previously
scheduled activities upon public lands and shall limit to the extent
possible any interference with normal public activity on such public
lands.
|
c.
The Borough Clerk may refuse to issue a permit whenever he/she determines,
on the basis of objective facts and after a review of the application
and report thereon by the Police Department and by other Borough departments
involved with the proposed filming site, that the filming at the location
and/or the time set forth in the application would violate any law
or ordinance or would unreasonably interfere with the use and enjoyment
of adjoining properties, unreasonably impede the free flow of vehicular
or pedestrian traffic or otherwise endanger the public's health, safety
or welfare. Further, the Borough reserves the right to require one
or more on-site police officers only in situations where the proposed
production may impede the proper flow of traffic, the cost of said
patrolmen to be borne by the applicant as a cost of production. Where
existing electrical power lines are to be utilized by the production,
an on-site licensed electrician is required if the production company
does not have a licensed electrician on staff.
d.
The Borough Clerk, Police Department and Fire Department will maintain
copies of the approved permit.
e.
The applicant shall permit the Fire or other Borough inspectors to
inspect the site and the equipment to be used. The applicant shall
comply with all safety instruction issued by the Fire Prevention Bureau
or other Borough inspectors.
f.
In addition to any other fees or costs mentioned herein, the applicant
shall reimburse the Borough for any lost revenue, such as parking
meter revenue, repairs to public property or other revenues that the
Borough was prevented from earning because of filming.
g.
The Mayor and Council may authorize a waiver of any of the requirements
or limitations of this section.
[Ord. No. 15-2003 § I]
The schedule of fees for the issuance of permit authorized by
this ordinance is as follows:
[Ord. No. 15-2003 § I]
Any person violating this section or rules and regulations contained
within shall upon conviction thereof, be punished by a fine not to
exceed $1,000 per day or by imprisonment. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
[Ord. No. 14-2008 § 1]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any property owned or controlled by the Borough
of Bloomingdale.
Shall mean any container regardless of size or construction
that is used for the collection of used clothing.
[Ord. No. 14-2008 § 2; Ord. No. 15-2009 § 1; Ord. No. 19-2012]
a.
No person, firm, partnership, corporation, whether for profit or
not for profit, shall place or cause to be placed a receptacle within
the Borough of Bloomingdale without having first obtained a permit.
Receptacles shall be located only on Borough property as determined
by the Mayor and Council in accordance with a contract to be entered
into with the Borough. In no event shall a receptacle be placed on
any other property in the Borough of Bloomingdale, except that the
Mayor and Council in its discretion may permit receptacles to be located
on property owned and maintained by entities serving the public good,
such as the Bloomingdale Volunteer Fire Department.
b.
The application for a permit to place a receptacle within the Borough
of Bloomingdale shall be made in writing to the Borough Clerk and
signed by the applicant. The application shall set forth:
1.
The location where the receptacle is to be situated, as precisely
as possible.
2.
The manner in which the applicant anticipates any clothing or other
donations collected via the receptacle would be used, sold, or dispersed,
and the method by which the proceeds of collected donations would
be allocated or spent.
3.
The name, and telephone number of the bona fide office required pursuant to Subsection c of this section, of any entity which may share or profit from any clothing or other donations collected via the receptacle.
4.
Written consent from the property owner to place the receptacle on
the property.
|
The governing body of the Borough of Bloomingdale shall not
grant an application for a permit to place, use, or employ a receptacle
if it determines that the placement of the receptacle could constitute
a safety hazard. Such hazards shall include, but not be limited to,
the placement of a receptacle within 100 yards of any place which
stores large amounts of, or sells, fuel or other flammable liquids
or gasses.
|
c.
The fee for such application for the permit shall be $10 per organization.
An expiring permit for a receptacle may be renewed by a charitable
organization on an annual basis upon payment of $5 per organization.
The renewal application shall include the following information: (1)
The location where the receptacle is to be situated, as precisely
as possible, and, if applicant intends to move it, the new location
where the bin would be situated after the renewal is granted; (2)
The manner in which the applicant has used, sold, or dispersed any
clothing or other donations collected via the receptacle, the method
by which the proceeds of collected donations have been allocated or
spent, and any changes the applicant anticipates it may make in these
processes during the period covered by the renewal; (3) The name,
and telephone number of the bona fide office of the applicant and
any entity which shared or profited from any clothing or other donations
collected via the receptacle, and of any entities which may do so
during the period covered by the renewal; (4) The schedule of pickups
removing the articles from the receptacles, which can be no less often
than once per week, and the name and telephone number of the person
to be notified if the receptacle is overflowing prior to the date
of pickup; (5) Written consent from the property owner to place the
receptacle on the property; and (6) Proof of charitable registration
with the Attorney General as a charitable organization.
d.
The permit issued shall only be valid for a one-year period. No permit
shall be valid for a period in excess of one year. Irrespective of
the issuance of any permit, the Borough reserves the right to terminate
any contract and order the removal of any bins upon 10 days written
notice.
e.
Exception. If the owner or sponsor of the receptacle is the Borough of Bloomingdale or any governmental subdivision thereof, such as the Borough Police Department, and the receptacle serves a governmental function and contributes to the general welfare of the public, it shall be exempt from the requirements contained in Subsections 4-16.2a through d above.
[Ord. No. 14-2008 § 3; Ord. No. 15-2009 § 1]
a.
No more than six receptacles shall be placed in any location.
b.
Each receptacle shall not exceed five feet in depth, eight feet in
width and six feet in height.
c.
The following information shall be clearly and conspicuously displayed
on the exterior of the receptacle: (1) The permit number and expiration
date; and (2) The information required to be displayed on the receptacle
in N.J.S.A. 40:48-2.61.
[Ord. No. 15-2009 § 1]
The Borough Council shall receive and investigate, within 30
days, any complaints from the public about a receptacle. Whenever
it appears to the Borough Council that a person or entity has engaged
in, or is engaging in any act or practice in violation of this section,
the entity who placed the receptacle shall be issued a warning, stating
that if the violation is not rectified or if a hearing before the
Borough Council is not requested within 45 days, the receptacle will
be seized or removed at the expense of the entity who placed the receptacle,
and any clothing or other donations collected via the receptacle will
be sold at public auction or otherwise disposed of. In addition to
any other means used to notify the person or entity who placed the
receptacle, such warning shall be affixed to the exterior of the receptacle
itself. In the event that the entity who placed the receptacle does
not rectify the violation or request a hearing within 45 days of the
posting of the warning, the Borough Council may order the receptacle
seized, remove it, or have it removed at the expense of any entity
who placed the receptacle, and sell it at public auction or otherwise
dispose of any clothing or other donations collected via the receptacle.
Any proceeds from the sale of the donations collected via the receptacle
shall be paid to the Chief Financial Officer of the Borough.
[1]
Editor's Note: Former Subsection 4-16.4, Location, previously
codified herein and containing portions of Ordinance No. 14-2008,
was repealed in its entirety by Ordinance No. 15-2009.
[Ord. No. 14-2008 § 5]
The receptacles shall be maintained in a clean, sanitary condition,
painted and in good working order. Each receptacle shall be emptied
by the permittee regularly at a minimum of three times each week as
specified in the contract with the Borough. The areas adjacent to
the containers shall be kept clear of all boxes and debris.
[Ord. No. 14-2008 § 6; Ord. No. 15-2009 § 1]
The general penalty provision as contained in § 1-5 of the Revised General Ordinances of the Borough of Bloomingdale shall apply. Each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense. In addition, any person or entity who violates any provision of this section shall be subject to a penalty of up to $20,000 for each violation pursuant to N.J.S.A. 40:48-2.60 et seq. The Borough may bring this action in the Municipal Court or the Superior Court of New Jersey as a summary proceeding under the Penalty Enforcement Law of 1999. Any penalty moneys collected therefrom shall be paid to the Chief Financial Officer of the Borough. An entity violating this section shall be deemed ineligible to place, use, or employ a receptacle for solicitation purposes pursuant to N.J.S.A. 40:48-2.61 et seq. An entity disqualified from placing, using, or employing a receptacle by violating the provisions of N.J.S.A. 40:48-2.60 et seq. may apply to the Borough Council to have eligibility restored. The Borough Council may restore the eligibility of an entity who a) acts within the public interest, and b) demonstrates that they have made a good faith effort to comply with the provisions of N.J.S.A. 40:48-2.60 et seq. and all other applicable laws and regulations and has no fraudulent intentions.
[Ord. No. 7-2017]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meaning stated herein unless
their use in the text of this section clearly demonstrates different
meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
shall include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean an electronic or other powered device that can
be used to deliver nicotine or other substances to the person inhaling
from the device, including but not limited to, an electronic cigarette,
cigar, cigarillo or pipe, or any cartridge, refill or other component
of the device or related product, including but not limited to refills
such as liquids, gels, waxes and powders.
Shall mean the time period covering June 1st through May
31st of the year for which a license is issued pursuant to this section.
Shall mean any establishment that sells, distributes, gives
or offers for sale electronic smoking devices designed for consumption
through inhalation.
Shall mean every delivery of electronic smoking devices,
whether the same is by direct sale or the solicitation or acceptance
of an order, including the exchange, barter, traffic in, keeping and
exposing for sale, displaying for sale, delivering for value, peddling
and possession with intent to sell, distribute or give.
[Ord. No. 7-2017]
a.
No person shall conduct, maintain or operate a retail electronic
smoking device establishment that sells, distributes or gives electronic
smoking devices without first obtaining from the Bloomingdale Health
Department a written license approved to do so.
b.
Fees in accordance with the following schedule shall be paid before
any license required in this section shall be issued:
Electronic Smoking Device Establishment License: $250.
The fee for each initial license per retail location issued
to a licensee pursuant to this section shall be an amount proportionate
to the number of months remaining in the License Year including the
month in which the license is issued (for example, a License issued
to a new licensee in February shall be one third of $250 ($83.33).
c.
Licenses issued under the provisions of this section, unless forfeited
or revoked by the Bloomingdale Health Department, shall expire annually
on the 31st day of May of each year. In order to continue selling
electronic smoking devices in the next license year, the retail electronic
smoking device establishment shall apply for a renewal of their license
for each retail location at least 90 days prior to expiration of the
current license year, and the annual License renewal fee is $250 per
retail electronic smoking device establishment location.
d.
At the time of the initial application and any subsequent renewals,
or at the discretion of the local health department, license holders
shall:
1.
Disclose if they are also a manufacturer, wholesaler and distributor
of nicotine electronic smoking devices as defined above (which includes
related products, components, refills, etc.), and if that part of
their business is conducted or takes place at the same location as
the retail electronic smoking device establishment or another location(s)
as noted in the initial application or subsequent renewals. If such
business takes place at a different address(s) in the Borough of Bloomingdale,
the said retail electronic smoking device establishment shall disclose
such address(s) in the Borough of Bloomingdale.
2.
Provide any and all contact information, including but not limited
to company name, company contact name, address, phone, website and
email, regarding any and all sources of their nicotine delivery products
for sale or distribution. This includes but is not limited to information
regarding any and all nicotine delivery product suppliers, manufacturers,
wholesalers, distributors, etc., including those based in the Borough
of Bloomingdale.
e.
No license is transferable by sale or otherwise.
f.
Such license shall be posted in a conspicuous place in such establishment.
No itinerant establishments shall be permitted to obtain an electronic
smoking device establishment license.
g.
All licensing fees shall be paid to the Borough of Bloomingdale to
offset budget appropriations in connection with education and enforcement
of this section and/or the States Tobacco Age of Sale Inspection Program.
[Ord. No. 7-2017]
a.
No person shall sell, distribute or give electronic smoking devices
in the Borough of Bloomingdale unless an employee of the establishment
controls the sale of such products. A person may only sell electronic
smoking devices in a direct, face-to-face exchange between the retailer
and the consumer. Self-service displays and vending machines of electronic
smoking devices shall be prohibited.
b.
No person shall sell, distribute, or give electronic smoking devices
to any person under the age of 21 years.
c.
No retail electronic smoking device establishment shall allow the
retailer, employee or any other person to sell, distribute or give
such products until the retailer, employee or other person has read
the Bloomingdale Ordinances and State laws pertaining to the sale
of electronic smoking devices and has signed a statement that they
have read such ordinances and State laws. Such form statement will
be supplied by the Bloomingdale Health Department and all signed original
statements shall be kept on file by the retail electronic smoking
device establishment and made immediately available at all times for
review by the Bloomingdale Health Department. All retail electronic
smoking device establishments shall be in compliance with this provision
by the effective date, September 1, 2017.
d.
The sale of any electronic smoking device refill including but not
limited to any and all liquids, gels, wax or powders, and whether
or not such refill contains nicotine, that is intended for human consumption
and is not contained in packaging that is child-resistant is prohibited
as set forth in N.J.S.A. § 2A:170-51.9 et seq.
e.
License holders can only do in-person marketing and sales of electronic
smoking devices at their retail electronic smoking device establishment.
There shall be no cross marketing or sales at nonregistered retail
locations and mobile locations, including but not limited to, street
fairs, local fairs, festivals, etc.
[Ord. No. 7-2017]
[Ord. No. 7-2017]
a.
Unless otherwise provided by law, statute or ordinance, any person(s)
who is found to be in violation of the provisions of this section
shall, upon conviction thereof, pay a fine of $500 for the first violation,
$750 for the second violation, and $1,000 for third and each subsequent
violation. Each violation, and every day in which a violation occurs,
shall constitute a separate violation. No fines shall be issued for
60 days after publication of this section.
b.
In addition any violator of this section shall be subject to having
any Borough license held by the violator, suspended, revoked or fined.
No such action may be taken unless the requirements of due process
are satisfied.
c.
These penalties are in addition to any penalties that may be imposed
including but not limited to penalties imposed by the New Jersey Code
of Juvenile Justice, N.J.S.A. § 2A:170-51 et seq. and N.J.S.A.
2C:33-13.1 et seq.
d.
Fines and sanctions associated with this section shall be dedicated
and forwarded to the Bloomingdale Health Department to be used in
connection with education and enforcement of this ordinance. The monies
shall be maintained by the Chief Financial Officer or Comptroller
of the Borough of Bloomingdale.
[Added 5-3-2022 by Ord.
No. 7-2022; amended 6-28-2022 by Ord. No. 13-2022]
a.
Prior to commencing and engaging in any cannabis retail activities
and uses within the Borough permitted by the Commission pursuant to
a state-issued Class 5 cannabis retail license or a Class 3 cannabis
wholesaler license validly issued in accordance with the Act, any
person, business, and/or organization shall first apply for and secure
from the Borough a local annual cannabis license, except that nothing
herein shall be read or construed to conflict with the statutory provisions
as to cannabis delivery services licensed by the Cannabis Regulatory
Commission.
b.
The initial local annual cannabis license shall be valid until December
31, 2022. Thereafter, the period of the annual local cannabis license
shall commence on January 1 and expire on December 31 of the calendar
year.
c.
By no later than December 1 of any existing license year, the licensee
shall be required to file an application for the renewal of a local
annual cannabis license to be authorized to continue operation as
a Class 5 cannabis retailer or Class 3 wholesaler within the Borough.
d.
All local annual cannabis licenses shall be conditional, and shall
remain subject to all state and local laws and regulations. Failure
of any licensee to comply with such applicable laws shall be grounds
for revocation and/or nonrenewal of the local annual cannabis license
by the Borough Council.
e.
Unless the Borough issues a license renewal, it shall be unlawful
for any person to manufacture, sell, distribute, transfer, transport,
or otherwise remove cannabis or cannabis products/items from the premises
of any license after the expiration date recorded on the face of the
license.
f.
All local annual cannabis licenses shall be nontransferrable. All
local annual cannabis licenses shall be specific to the property location
authorized and approved by the Borough and shall not otherwise be
considered a "pocket license."
g.
The licensed premises of all licensees shall be subject to unannounced
inspections by a designated representative of the Borough. Access
shall be permitted by the designated representative on demand by the
Borough's authorized representative.
[Added 5-3-2022 by Ord.
No. 7-2022; amended 6-28-2022 by Ord. No. 13-2022]
a.
Nonrefundable Application Fee. The applicant shall submit a nonrefundable
application fee of $2,000 to the Office of the Municipal Clerk under
oath on a form furnished by the Borough of Bloomingdale.
c.
Annual Licensing Fee. The annual fee for successful applicants operating
cannabis establishments in the Borough of Bloomingdale shall be implemented
as required in accordance with the following fee schedule, which shall
be refunded in the event the applicant does not receive an annual
license.
d.
Upon the filing of the application, the applicant shall pay to the
Borough an application fee of $2,000. The Office of the Municipal
Clerk shall then transmit the application to the Office of Police
Chief for the Bloomingdale Police Department or the Chief's designee,
the Mayor, the Borough Administrator, and the Borough Council for
review of the application. These departments shall review the application
and forward their comments to the Clerk's Office 15 business
days from transmission of the application.
e.
The Clerk shall establish a reasonable application period and deadline
for all applications. An application shall be deemed incomplete and
shall not be processed by the Clerk and transmitted for review until
all documents and application fees are submitted. To be deemed complete,
all applications shall be accompanied by the following:
1.
The name and home address of the applicant. If the applicant is not
a natural person, the applicant shall submit a statement setting forth
the names and home addresses of all stockholders in the corporation
or partnership who own 10% or more of its stock, of any class or of
all individual partners in the partnership who own a 10% or greater
interest therein, as the case may be. If one or more such stockholder
or partner is itself a corporation or partnership, the stockholders
holding 10% or more of that corporation's stock, or the individual
partners owning 10% or greater interest in that partnership, as the
case may be, shall also be listed with its home address. The disclosure
shall be continued until names and home addresses of every noncorporate
stockholder, and individual partner, exceeding the 10% ownership criteria
has been listed.
2.
The name of any other business entities in which any of the individuals identified pursuant to Subsection b1 of this provision have or have had an ownership interest which: (i) cultivates, manufactures, wholesales or dispenses cannabis or cannabis products; (ii) invests or finances in any such entity; or (iii) is regulated by any governmental entity.
3.
A copy of the license issued by the Cannabis Regulatory Commission
authorizing the applicant to operate as a licensed cannabis establishment
with a copy of all application materials and documents submitted to
the Commission for a license.
4.
The applicant shall submit an affidavit and documentary proof of
compliance with all state and local laws regarding affirmative action,
antidiscrimination and fair employment practices. The applicant shall
also certify under oath that they will not and shall not discriminate
based on race, color, religion (creed), gender, gender expression,
age, national origin (ancestry), disability, marital status, sexual
orientation, or military status, in any of its activities or operations.
5.
Plans prepared by a duly licensed architect, engineer, or planner
which shall depict the layout and design for the proposed location
of the licensed cannabis establishment within the Borough.
(a)
The required plans shall depict the proposed security measures
for the location. The plans shall be deemed confidential consistent
with state law.
(b)
The applicant shall also provide either a lease agreement or
agreement of sale for the property where the applicant intends to
operate the licensed cannabis establishment. The lease agreement or
agreement of sale may be contingent upon the applicant's ability
to successfully: (i) obtain a local license; and (ii) if applicable,
obtain approval from the Bloomingdale Planning Board and/or the Zoning
Board of Adjustment.
6.
Acknowledgment and agreement authorizing the Bloomingdale Police Department to perform background checks and/or investigations regarding any individuals disclosed pursuant to Subsection e1 of this provision and any employees of the applicant.
7.
If the applicant is applying for a local license as a targeted microbusiness,
a copy of any and all documents issued by the Cannabis Regulatory
Commission declaring the applicant as microbusiness under the New
Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act with a copy of all application materials and documents
submitted to the Commission for such a declaration.
[Added 6-28-2022 by Ord.
No. 13-2022]
Pursuant to N.J.S.A. 2C:35-10(a), the transfer of usable cannabis
in any instance where the usable cannabis is not obtained directly
from a licensed cannabis retailer and/or is transferred without remuneration
or for promotional and/or business purposes is hereby strictly prohibited
within the geographic boundaries of the Borough of Bloomingdale.
[Added 6-28-2022 by Ord.
No. 13-2022; amended 3-21-2023 by Ord. No. 10-2023]
a.
Any person(s), firm(s), business(es), corporation(s) and/or other
organization(s), including any licensed medical and/or cannabis establishment,
found to be engaged activities in violation of § 14-18.1
shall be subject to a civil fine and penalty not exceeding $2,000.
b.
Any person(s), firm(s), business(es), corporation(s) and/or other
organization(s), including any licensed medical and/or cannabis establishment,
found to be engaged in activities in violation of § 14-18.3
shall be subject to a civil fine and penalty not exceeding $2,000.
c.
Each and every day any person(s), firm(s), business(es), corporation(s)
and/or other organization(s), including any licensed medical and/or
cannabis establishment, remains in violation of the provisions of
this section after the deadline for compliance set forth in any notice
of violation issued by the enforcing officer(s) of the Borough shall
be considered a continuing violation punishable as a separate and
distinct offense and subject to a separate civil fine and penalty
for each and every day the violation continues. For purposes of this
chapter, the Borough Enforcing Officers shall be the Bloomingdale
Police Department.
d.
The Municipal Court or Superior Court shall have jurisdiction to
hear and decide any action(s) brought to enforce the provisions of
this section, the hearing for which shall be conducted in a summary
manner pursuant to N.J.S.A. 2B:12-16, and any final order imposing
fines and penalties for a violation of this Code shall be enforceable
in the Municipal Court or Superior Court and collectible as a lien
against the property of the violator in accordance with the Penalty
Enforcement Law of 1999, N.J.S.A. 2A:58-10 to N.J.S.A. 2A:58-12.
[Added 5-3-2022 by Ord.
No. 7-2022; amended 6-28-2022 by Ord. No. 13-2022]
a.
Establishment of Transfer and User Tax.
1.
Pursuant to Section 40 of the Act, N.J.S.A. 40:481-1a(1), the following
transfer taxes are hereby established on all cannabis businesses operating
within the Borough, at the maximum amount as permitted by the laws
of the State of New Jersey or the amounts set forth below, whichever
is greater, as follows:
2.
The transfer tax shall be stated, charged and shown separately on
any sales slip, invoice, receipt or other statement or memorandum
of the price paid or payable or equivalent value of the transfer for
the cannabis or cannabis item.
3.
The transfer tax shall be in addition to any other tax or fee imposed
pursuant to statute or local ordinance or resolution by any governmental
entity with regard to cannabis.
4.
Pursuant to Section 40 of the Act, N.J.S.A. 40:48I-1a(2), the following
user taxes are hereby established on all concurrent license holders
operating within the Borough, which shall be in addition to any other
tax imposed by law as the maximum amount as permitted by the laws
of the State of New Jersey or the amounts set forth below, whichever
is greater as follows:
5.
The user tax shall be imposed on the value of each transfer or use
of cannabis or cannabis items not otherwise subject to the transfer
tax imposed on the license holder's business that is located
in the Borough to any other of the license holder's businesses,
whether located in this municipality or any other municipality.
6.
The user tax shall be in addition to any other tax or fee imposed
pursuant to statute or local ordinance or resolution by any governmental
entity with regard to cannabis.
7.
Any transaction for which the user or transfer tax hereinabove is
imposed, is exempt from the tax imposed under the Sales and Use Tax
Act, except for those which generate receipts from the retail sales
by cannabis retailers.
b.
Collection of transfer and user tax. In accordance with the provisions
of N.J.S.A. 40:481-1, every cannabis business required to collect
the transfer and user taxes imposed by this section shall be personally
liable for the transfer and user tax imposed, collected, or required
by this Section and N.J.S.A. 40:481-1.
1.
Any cannabis business collecting a transfer tax or user tax shall
have the same right with respect to collecting the tax from another
cannabis business or the consumer as if the tax was a part of the
sale and payable at the same time.
2.
With respect to nonpayment of the transfer tax or user tax by the
cannabis business or consumer, as if the tax was part of the purchase
price of the cannabis or cannabis item and payable at the same time,
provided that the Chief Financial Officer of the municipality that
imposes the transfer tax and user tax is joined as a party in any
action or proceeding brought to collect the transfer tax or user tax.
3.
No cannabis business required to collect the transfer and user taxes
imposed by this chapter shall advertise or hold out to any person
or to the public in general, in any manner, directly or indirectly,
that the transfer tax or user tax will not be separately charged and
stated to another cannabis business or the consumer or that the transfer
tax or user tax will be refunded to the cannabis business or the consumer.
c.
Remittance of Cannabis Taxes; Delinquencies.
1.
Each cannabis business collecting transfer and user taxes pursuant
to this section shall be remitted to the Borough's Chief Financial
Officer on a monthly basis.
2.
Delinquent Taxes. If the transfer tax or user tax is not paid when
due, the unpaid balance, and any interest accruing thereon, shall
be a lien on the parcel of real property comprising the cannabis business's
premises.
3.
The lien shall be superior and paramount to the interest in the parcel
of any owner, lessee, tenant, mortgagee, or other person, except the
lien of municipal taxes, and shall be on a parity with and deemed
equal to the municipal lien on the parcel for unpaid property taxes
due and owing in the same year.
4.
The Borough shall file in the office of its Tax Collector a statement
showing the amount and due date of the unpaid balance of cannabis
taxes and identifying the lot and block number of the parcel of real
property that comprises the delinquent cannabis business's premises.
The lien shall be enforced as a municipal lien in the same manner
as all other municipal liens are enforced.
Failure of the cannabis business to make full payment of the
user and transfer taxes hereinabove imposed shall be grounds for the
immediate revocation and/or termination of any local annual cannabis
license and/or any local annual cannabis license shall not be renewed
unless until all outstanding user and transfer taxes are paid in full.
All user and transfer taxes shall also be paid should the licensee
make application to the Borough's Zoning and/or Planning Boards
for any land use approvals.
d.
Administration of Transfer Tax. The Chief Financial Officer is charged
with the administration and enforcement of the provisions of this
section and is empowered to recommend adoption and promulgation of
rules and regulations for enforcement relating to any matter pertaining
to the administration and enforcement of this section, including provisions
for the reexamination and corrections of declarations and returns,
and of payments alleged or found to be incorrect, or as to which an
overpayment is claimed or found to have occurred, and to prescribe
forms necessary for the administration of this chapter. Should a cannabis
establishment fail or refuse to provide adequate information to the
Chief Financial Officer to determine the amount of tax due, the Chief
Financial Officer may use information provided to the Chief Financial
Officer from other sources (i.e., the Commission or Department of
Treasury) to determine the amount of tax liability.
1.
It shall be the duty of the Chief Financial Officer to collect and
receive the taxes, fines, and penalties imposed by this section. It
shall also be the duty of the Chief Financial Officer to keep a record
showing the date of such receipt. The Chief Financial Officer is authorized
to enter into agreements with the State of New Jersey to obtain information
to facilitate administration of the tax. The Chief Financial Officer
is authorized to issue a ruling upon written request of a taxpayer
or upon its own volition.
2.
The Chief Financial Officer is hereby authorized to examine the books,
papers and records of any taxpayer to verify the accuracy of any declaration
or return, or if no declaration or return was filed, to ascertain
the tax due. Every taxpayer is hereby directed and required to give
to the Chief Financial Officer, or to any agent designated by him/her,
the means, facilities and opportunity for such examinations and investigations,
as are hereby authorized.
