TERM OF LICENSE:
The term of all licenses required in this code shall be for
one year from January 1 to December 31 of the year for which the license
is issued unless otherwise provided by the Revised Laws of the State
of New Jersey such as Alcohol Beverage Control Laws. Any provisions
of this code to the contrary are hereby repealed including but not
limited to subsections 4-1.6, 4-3.15, and 4-5.9. [Ordinance No. 2000-814]
[Ord. #5; Ord. #34; Ord. #46; Ord. #210; Ord. #580; Ord.
#2005-57; Ord. #2006-79; Ord. #2008-127]
As used in this section:
a.
PEDDLER, HAWKER AND VENDOR - Shall include any person, whether a
resident of the borough or not, traveling either by foot, vehicle
or any other type of conveyance, who goes from house to house, from
place to place, or from street to street, conveying or transporting
goods, wares or merchandise, and offering or exposing the same for
sale, or making sales and delivering articles to purchasers, or who
engages in any of the foregoing activities from a stationary location
on the street or other public place.
b.
SOLICITOR OR CANVASSER - Shall include any person, whether a resident
of the borough or not, who goes from house to house, from place to
place or from street to street, soliciting or taking or attempting
to take orders for the sale of services, goods, wares or merchandise,
or personal property of any nature whatsoever for future delivery
or for services to be performed in the future, whether or not such
individual has, carries, or exposes for sale a sample of the subject
for such order, and whether or not he is collecting advance payments
on such orders, or who engages in any of the foregoing activities
from a stationary location on the street or other public place.
c.
ITINERANT VENDORS, also referred to as ITINERANT MERCHANTS, TRANSIENT
VENDORS and SALESMEN - Shall be defined in the category of peddler,
hawker, vendor, solicitor or canvasser, as set forth above.
No person shall engage in the business of hawking, peddling,
soliciting, canvassing, or be an itinerant vendor of goods, wares
or merchandise with a vehicle, whether such vehicle be motor or otherwise,
nor shall it be lawful for any person to engage in the business of
junk dealing or scavenger with a vehicle, whether motor or otherwise,
nor is it lawful to operate, conduct or carry on in a place of business
any bagatelle tables, pinball machine, music machine, including but
not limited to record playing machines, amusement or game machine,
of every kind and description, unless such person shall first have
obtained a license for the conducting of said business upon application
to the borough clerk.
Each and every person conducting any of the business or activities as enumerated in subsection 4-1.1 of this chapter, shall pay to the borough clerk with the application, as set forth in subsection 4-1.1, a license fee as follows:
a.
Every hawker, peddler or itinerant vendor of goods, wares or merchandise,
a license fee of $100 per annum.
In addition to the above license fee, there shall be paid the
sum of $15 per annum for each helper on said vehicle.
A license tag provided by the borough giving the number, the
date of issue, and the number of helpers so licensed, and signed by
the mayor or borough clerk, shall be prominently displayed on the
vehicle.
Each licensee shall wear or have prominently displayed while
engaged in business, a card furnished by the borough, giving the number
and date of the license granted to the licensee and bearing the signature
of the mayor or the borough clerk, provided however, that no person
shall be required to take out a license in order to sell at wholesale
or to sell or distribute milk or cream. Any person selling products
from their own farm may be privileged to use one vehicle for which
a license must be obtained but without a fee.
b.
The amount charged should be paid for each license for each vehicle
employed in the delivery of ice where the owner thereof has a permanent
stand in the borough in which orders may be received and from which
the same may be delivered, being the sum of $15 for each vehicle employed
in the delivery of ice.
c.
For each junk dealer or scavenger a license fee of $50 per annum.
d.
For each music machine, amusement or game machine, a license fee
of $25 per annum, for each license. All other vending machines not
enumerated in this section, a license fee of $15 per annum.
e.
For each and every other amusement or game not herein specifically
mentioned, a license fee as follows:
For each and every amusement or game accommodating or having
a capacity of more than one player and not over 30 players at one
time, a license fee of $15.
For each and every amusement or game accommodating or having
a capacity of more than 30 players at one time a license fee of $25.
f.
For soliciting and canvassing permits; the fee for an initial solicitor's
license shall be $10, and the fee for renewal of a solicitor's or
canvasser's license shall be $5.
The purpose of this section is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses
issued by the borough, except alcoholic beverage licenses, dog licenses,
junk yards, automatic amusement devices and taxicab licenses, and
except as may be specified or otherwise provided elsewhere in this
chapter.
a.
Applications and fee. All applications for licenses shall be accompanied
by the required fee and shall be made to or through the borough clerk
upon forms provided by her. Applications shall contain the information
specified by resolution of the borough council and may include the
following along with any other information deemed necessary or specifically
called for by ordinance.
1.
Name and permanent and local address of the applicant. If the applicant
is a corporation, the name and address of its registered agent. If
the applicant is a partnership, the name of each partner, and the
trade name, if any. If a trade name, the date and place of filing
of the trade name with the county clerk's office.
2.
If the licensed activity is to be carried on at a fixed location,
the address and description of the premises.
3.
If a vehicle is to be used, its description including the license
number.
4.
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship.
5.
The days of the week and the hours of the day during which the licensed
activity shall be conducted.
6.
A description of the nature of the business and the goods, property
or services to be sold or supplied.
7.
A statement as to whether the applicant has been convicted of any
crime or the violation of any municipal ordinance other than traffic
offenses, and if so, the date and place of conviction, the nature
of the offense, and the punishment or penalty imposed.
8.
Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate his
character and responsibility.
Applications by partnerships shall be signed by all partners
with the information required by this subsection supplied in detail
as to each partner, and applications of corporations shall have attached
individual statements containing all of the information required by
this subsection relating to each employee or agent who shall engage
in the licensed activity, and shall be signed by each employee or
agent.
9.
The description of the goods to be sold, the name and address of
the manufacturer, as well as the name and address of the agent designated
to receive service of process in the state of New Jersey for such
manufacturer.
10.
The name and address of each person employed by the applicant who
is authorized to do business on behalf of the applicant.
11.
Whether or not orders are to be solicited or taken for future delivery
of goods or performance of services and, if so, the general nature
of same.
12.
Name and address of the owner of any motor vehicle to be used by
the applicant in connection with the purpose for which the license
is sought, including the make of vehicle, type, year, serial number,
license plate number and date of last inspection by the State of New
Jersey.
13.
Whether or not the applicant holds a motor vehicle operator's license,
and if so, the state of issue, the driver's license number, expiration
date, and condition code if any.
14.
If a motor vehicle is to be used by the applicant in connection with
the business of the license sought, a statement as to the name of
the insurance company covering applicant for liability, address of
same, policy number, policy period, name and address of agent who
sold or services policy, and the amounts of coverage pursuant to this
section.
15.
A photograph of the applicant and of all persons employed by and
authorized to act and to do business for the applicant shall accompany
the application.
16.
Each applicant and all employees of the applicant as set forth in
the application shall submit to the police department of the borough
for fingerprinting or submit evidence of a fingerprint check from
another New Jersey municipality made within the preceding six months.
b.
Investigation of applicants. Each application shall be referred to
the chief of police or a police officer designated by him, who shall
immediately institute whatever investigation of the applicant's business
responsibility, moral character and ability to properly conduct the
licensed activity he considers necessary for the protection of the
public. He shall communicate his findings in writing to the borough
clerk within a reasonable time after the application has been filed.
If the investigator decides that the applicant's character, ability
or business responsibility is unsatisfactory, or the products, services
or activity are not free from fraud, he shall disapprove the application
and the clerk shall refuse to issue the license and so notify the
applicant. Otherwise, the borough clerk shall issue the license immediately,
provided the required license fees have been paid, except in cases
where approval of the mayor and council is required. In the event
of the refusal of the issuance of a license, the applicant may appeal
to the council for a hearing. The appeal shall be filed in writing
with the borough clerk within 14 days after notification of the refusal.
The council shall hold its hearing within 10 days thereafter, and
its decision shall be final.
c.
Investigation; Issuance of license. In addition to the provisions of subsection 4-1.4b, the following shall apply to licenses issued under this section. The chief of police shall not approve the issuance of a license to any applicant who after the investigation is found to be:
1.
Not of applicable legal age to perform the type of work or service
as set forth in the application.
2.
Under the age of 18, except that this provision shall not apply to
applicants who have complied with or come within the exceptions of
R.S. 34:2-1, et seq.
3.
Convicted of a crime involving moral turpitude, except that such
conviction shall not be a bar if it appears that at least five years
have elapsed from the date of conviction, and that the applicant has
conducted himself in a law-abiding manner during that period and that
his present reputation for honesty and morality in his community is
good and of good general report.
4.
Does not hold a valid driver's license of the State of New Jersey
if the duties of the applicant require the operation of a motor vehicle
for which the license is sought.
5.
Does not have in effect for the licensing period an automobile liability
policy with respect to all motor vehicles used by the applicant in
connection with the business of the applicant for which the license
is sought of not less than $50,000 because of bodily injury to or
death of one person in any one accident and subject to such limit
for one person, to a limit of not less than $100,000 because of bodily
injury or death of two or more persons in any one accident and, if
the accident has resulted in injury to or destruction of property,
to a limit of not less than $10,000 because of injury to or destruction
of property of others in any one accident.
6.
Engaging in the sale of goods and merchandise which are illegal or
which do not comply with any other laws of the State of New Jersey
or ordinances of the Borough of Union Beach.
7.
Has been convicted and found guilty by a court of competent jurisdiction
of violation of this section within one year preceding the date of
the application.
8.
Fails to comply with any of the provisions of this section.
Every application filed by any applicant with the borough clerk
pursuant to this section shall be reviewed and approved or denied
by the borough clerk.
All licenses approved by the borough clerk pursuant to this
section shall be issued upon payment of the required fees to the borough
clerk. No license shall be issued until the full fee herein provided
is paid. The fees shall be transferred by the clerk to the borough
finance office monthly.
No license shall be valid if used by any other person than for
whom such license was granted.
Any licensee under this section shall observe the following
regulations:
a.
No person or vehicle shall stand or be parked in a fixed location
for the purpose of displaying or selling wares, merchandise or services
on any public or private property where to do so causes or is likely
to cause a crowd, impede vehicular or pedestrian traffic, produce
annoying sounds, noises or disturbances which interfere with the comfort
of the residents, nor shall use any loud or obnoxious instrument or
sound device, including but not limited to a gong bell, bull horn
or public address system, to attract the attention of the public.
b.
No licensee shall have an exclusive right to any one place upon any
sidewalk, or any street and shall not be permitted to operate in any
congested area where such operation might impede or inconvenience
the public and the public right to free and easy access of sidewalks
and streets.
c.
No licensee shall permit his person or vehicle to stand or be parked
for the purpose of displaying or selling wares, merchandise or services
on any public or private property within a distance of 250 feet of
the nearest public, parochial or private school in the borough during
school hours. School hours shall mean anytime between 8:30 a.m. and
3:30 p.m. on weekdays, exclusive of Saturdays, during such days as
the schools may be in session.
d.
No licensee shall sell or attempt to sell in accordance with the
terms of this section except as set forth in the preceding paragraph
before 10:00 a.m. or after 9:00 p.m. The aforesaid time limitations
shall not apply to licensees who are expressly invited into homes
by the occupants thereof.
e.
No licensee shall permit his person or his vehicle or dispensing
container to stand for a period longer than the time it takes to make
a sale to a customer.
A good and sufficient bond and surety shall be required in those
cases where orders are solicited or taken for future delivery of goods
or performance of services and advance payments or deposits are accepted.
Before the license is issued, the applicant shall execute and
deliver to the borough clerk a good and sufficient surety in the amount
of $1,000 provided that a single bond shall be sufficient to qualify
all employees of any single business entity. The bond shall remain
in force for one year after the date of expiration, and shall be conditioned
to indemnify and pay the Borough of Union Beach any penalties or costs
incurred in the enforcement of any of the provisions of this section
and to indemnify or reimburse any purchaser of personal property in
a sum equal to at least the amount of any payments that such purchaser
may have been induced to make through the misrepresentations as to
the kind, quality or value of the personal property, and to indemnify
or reimburse any such purchaser in any amount equal to at least the
amount of any payment such a purchaser may have made to any licensee
for personal property, the delivery of which is either not made at
all, or not made as represented by the licensee.
The provisions of this section shall not be construed to apply
to:
a.
The selling or delivery of milk, ice cream, eggs, bread, newspapers
or other such necessary and perishable articles of food or merchandise
of a type commonly delivered on a house to house basis at intervals
of less than one week nor to the selling of any article at wholesale
to dealers dealing in the retail sale of such articles.
b.
Any veteran who holds a special license issued under the law of the
State of New Jersey. Such veteran shall be exempt from securing a
license or paying the fee as provided herein, but shall be required
to register with the borough clerk and obtain a special veterans permit
which will be issued by the clerk upon proper identification and exhibition
of such state license.
c.
Any nonprofit, charitable, educational, civic or veterans organization, society, volunteer first aid or fire company or the like, desiring to solicit or have solicited in its name, money, donations of money or property or financial assistance of any kind, or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization at any place or places within the borough for a charitable, patriotic or philanthropic purpose shall be exempt from the provisions of subsection 4-1.3, but shall in all other respects comply with this section.
d.
Solicitations by the Harris Gardens Fire Company, Union Hose Fire
Company, Union Gardens Fire Company, Union Beach Fire Company No.
1, the Union Beach First Aid/EMS Squad and St. Francis Feline Fellowship
Foundation, a nonprofit organization at 1407 Shore Road, Union Beach,
New Jersey, are hereby authorized to solicit contributions at its
signalized intersections of State Highway No. 36, and in the vicinity
of County Road on Union Avenue, on the north side of Route 36 in the
Borough of Union Beach, from Memorial Day through Labor Day of each
year, only at signalized intersections or when an existing traffic
control device causes temporary interruption in the flow of normal
traffic. This authorization is subject to compliance by the fire companies,
First Aid/EMS Squad and St. Francis Feline Fellowship Foundation with
all statutes and regulations governing such solicitation, including,
but not limited to, obtaining a "charitable solicitation permit" from
the Regional Maintenance Engineer of the Department of Transportation
pursuant to N.J.A.C. 16:40-1.1 et seq., which permit shall be in the
possession of the solicitor during all times of solicitation.
[Ord. #5; Ord. #46]
It shall be unlawful for any person to give any exhibition or
performance in the nature of a circus, either with or without a menagerie,
or to conduct, produce or exhibit any traveling show, panorama, stereopticon,
moving or motion picture show, exhibition or theatrical performance,
play or concert, whatsoever (except as hereinafter otherwise provided)
or conduct any amusement park, (except municipal parks), or any merry-go-round,
or shooting gallery, or give or conduct any circus parade, or parade
in connection with a traveling show or exhibition or auction stores,
or crying a sale, or acting as auctioneer, or conduct any bath house
establishment, or boat liveries, or having rowboats or canoes for
hire or conduct any pool or billiard room, or conduct any toboggan
slide, Ferris wheel, or Old Mill, or any other form of amusement or
game, or organ grinder, or engage in, conduct or pursue any other
business occupation, employment or profession particularly specified
within the municipal limits of the borough, without first having obtained
a license for that purpose as specified.
The amount charged and to be paid for each and every license
contemplated by this section and issued under this section shall be
as follows:
a.
For each circus or exhibition in the nature of a circus, either with
or without a menagerie, and for each show given in aid of the sale
of goods, wares and merchandise, or any medicines and remedies, or
any show accompanying any such sales, $50 for each day performances
shall be given.
b.
For each circus parade, or parade conducted in connection with a
traveling show or exhibition, $10 for every such parade, and such
license shall not be included in nor be in lieu of any fee or license
required under any other provisions of this chapter.
c.
For each traveling show or exhibition and for each theatrical performance,
play or concert whatsoever, whether given indoors or out-of-doors,
other than already provided for in paragraph (a) above, a license
fee of $3 for the first day, and $2 for each additional day; provided,
however that the owner, lessee of any theatre, hall or other building
where the above classes of amusement are held, may procure a yearly
license for such theatre, hall or other building upon paying a yearly
fee of $25 which shall be in lieu of all fees for the above classes
of amusements, entertainments and exhibitions held in the theatre,
hall or other buildings, during a period of one year.
d.
For each permanent panorama, stereoptican, moving or motion picture
shows or exhibition, as distinguished from a traveling show of the
same class, $35 and for a traveling or itinerant show of the same
type, as distinguished from a permanent show, the same fees as provided
for such shows in paragraph (c): $3 for the first day, and $2 for
each subsequent day exhibitions are given. And for each open air motion
picture show or exhibition a license fee of $15.
e.
For each amusement park or outdoor place set apart for the entertainment
of the public (not to include any municipal park,) $75 which shall
be in lieu of all fees and licenses for any of the forms of amusement
or entertainment herein required to be licensed, which may be given
within the park or outdoor place of entertainment as aforesaid.
f.
For each merry-go-round or whip or like vehicle, a license fee of
$25.
g.
For each shooting gallery, a license fee of $25.
h.
For each auction store, a license fee of $25.
i.
For each person crying an auction sale, a license fee of $2 for each
sale.
j.
For each bath house establishment, a license fee of $15.
k.
For each boat liveries or person having row boats or canoes for hire,
a license fee of $10.
l.
For pool and billiard rooms, a license fee of $10 for each table.
m.
For each dance hall not connected with any other form of amusement
above mentioned, a license fee of $15.
n.
For each toboggan slide, a license fee of $50.
o.
For each Ferris wheel and amusement known as "Old Mill," a license
fee of $25.
p.
For all other concession stands other than those designated, a license
fee of $15.
Each licensee shall have prominently displayed in his place
of business a card furnished by the borough giving the number and
date of the license granted to the licensee and bearing the signature
of the mayor and/or clerk and stating the maximum number of persons
that can be accommodated at one time, and that no greater number of
persons can participate or engage in the amusement or game at one
time than the number stated on the card.
q.
For each organ grinder, or street piano, sometimes called hurdy-gurdy,
or any other musical instrument, $2 for each day or part thereof.
Nothing in this section contained, shall be held to require
any honorable discharged soldier, sailor or marine of the military
or naval service of the U.S. or any exempt member of any volunteer
fire department, volunteer fire engine, hook and ladder, hose; supply
company or salvage corps of any city, town, borough, township or fire
district in this State, holding an exemption certificate, who is a
resident of this State, to take out a license in order to hawk, peddle
and vend any goods, wares or merchandise, or solicit trade within
the borough provided he has obtained and produces a license from the
clerk of the county of this state where he resides certifying that
the licensee is entitled to the benefits of either of the following
acts of the Legislature of the State of New Jersey, viz: "An Act to
Authorize the Issuing of License to Honorably Discharged Soldiers,
Sailors and Marines for Hawking, Peddling and Vending Merchandise
within the State," approved March 28th, 1904, or "An Act to Authorize
the Issuing of Licenses to Exempt Members of Any Volunteer Fire Department,
Volunteer Fire Engine, Hook and Ladder, Hose, Supply Company or Salvage
Corps., of the Cities, Towns, Boroughs, Townships and Fire Districts
in this State, for Hawking, Peddling and Venders of Merchandise Within
This State," approved April 7, 1911; or any acts amendatory or supplementary.
The license fees provided for in this section are imposed for
the purpose of revenue.
All licenses issued under this section shall expire on December
31, following the date when so licensed, without regard to the time
of the year when issued, and the fees as fixed shall be the license
fee for the time, whether it be for all or a part of the license year.
All licenses shall be issued by the mayor of the borough, upon
receiving the appropriate license fee, and all fees received shall
be accounted for and paid over by the mayor and borough clerk to the
borough collector monthly, and no license shall be granted until the
full fee for such license is paid to the mayor or borough clerk.
That nothing in this section contained shall be held or construed
to apply to any show, concert, exhibition or any entertainment or
source of amusement whatsoever which shall be given in aid of any
church, school, lodge, firemen's association or any charitable or
temperance association or society or any partly amateur, literary
or musical club or association.
No license shall be valid if used by other persons than for
whom the license was granted.
[Ord. #223; Ord. #537; Ord. #722; Ord. #2231; Ord. #2232;
Ord. #2233]
All public hacks, cabs, automobiles or other motor vehicles
used for the transportation of passengers for hire, shall be licensed
in accordance with the provisions of this section. The license required
by this section shall be known as "taxi owner's license."
No person shall drive or operate as driver or, chauffeur, or
otherwise, any public hack, cab, automobile or other vehicles used
for the transportation of passengers for hire, unless such person
shall have a license issued for that purpose pursuant to the provisions
of this section. The license required shall be known as "taxi driver's
license."
No "taxi owners's license" shall be issued for any vehicles
required to be licensed until the owner shall have filed an application
for same addressed to the mayor and borough council. The application
shall contain the character of the vehicle proposed to be licensed,
the correct name of the owner thereof, the residence or address of
principal office of such owner, a complete schedule of the fares proposed
to be charged and such other facts as the mayor and borough council
may require consistent with the terms of this section.
No "taxi owner's license" shall be issued until the vehicle
proposed to be licensed shall have been inspected and approved in
writing by the borough chief of police.
No "taxi owner's license" shall be issued until there shall
have been paid to the borough clerk the license fee hereinafter provided;
and until there shall have been submitted to the borough attorney
and approved by him as to both form and sufficiency and filed with
the borough clerk, a policy of insurance with the premium prepaid
thereon of a company duly licensed to transact business under the
insurance laws of the State of New Jersey, in an amount at least equal
to the amount of insurance required by the Revised Statutes of the
State of New Jersey, Title 48 against loss from liability imposed
by law upon the owner for damages on account of bodily injury or death
suffered by one or more than one person as the result of an accident
occurring by reason of the ownership, maintenance, or use of the vehicle
so licensed within the borough, and also against loss from liability
imposed by law upon the owner for personal property damage suffered
by any person or persons as a result of an accident occurring by reason
of ownership, maintenance or use of the vehicle so licensed and such
permit to continue effective and operative only as long as said insurance
policy shall remain in force and effect, and the full amounts payable
thereunder shall remain collectable. Such insurance policies shall
provide for the payment of any final judgment received by any person
or persons on account of the ownership, maintenance and use of the
vehicle or any fault in respect thereto and shall be, for the benefit
of any person suffering loss, damage or injury as aforesaid and shall
recite on its face that it is issued in pursuance of this section,
and provide further that a power of attorney shall be executed and
delivered to the borough treasurer concurrently with the filing of
the policy of insurance referred to above, the owner shall nominate,
constitute and appoint the borough treasurer as his true and lawful
attorney for the purpose of acknowledging service of any process of
a court of competent jurisdiction to be served against the insured
by virtue of the indemnity granted under the insurance policy filed.
No "taxi-driver's license" shall be granted to any person who
shall make application for the "taxi-driver's license" unless the
applicant shall comply with the Motor Vehicle Regulations in the State
of New Jersey.
No "taxi-owner's license" or "taxi-driver's license" shall be
issued to any person who has not been a resident of Monmouth County,
New Jersey, for at least 90 days prior to the date of making application.
The chief of police shall make an investigation and shall submit
a report evidencing the finding of his investigation to the mayor
and borough council for approval or disapproval of the license by
the mayor and borough council.
The license herein required shall be signed by the borough clerk
and shall have the borough seal affixed thereto. The borough clerk
shall not issue any license until the application has been approved
by the mayor and borough council and the following conditions are
complied with: the payment of the license fees, and, in the case of
a "taxi owner's license", the filing of the policy of insurance as
required herein for approval by the mayor and borough council, together
with the power of attorney.
The number of licenses at any one time issued and outstanding
shall not exceed such number as the mayor and borough council shall
deem sufficient and adequate to serve public necessity and convenience.
The fees to be paid for "taxi owner's license" are: the sum
of $50 per year for each vehicle.
The fee to be paid for the "taxi driver's license" shall be
the sum of $25 per year.
These fees shall be tendered at the time the application for
a license is made. In the event that the license is denied or the
application withdrawn, the Borough of Union Beach shall retain $10
for administrative costs and refund the balance to the applicant.
Each applicant for a driver's license must file with his application
two recent photographs of himself of a size which may be easily attached
to his license, one of which shall be attached to the license when
issued, the other shall be filed with the application in the borough
clerk's office. The photographs shall be so attached to the license
that it cannot be removed and another photograph substituted without
detection. Each licensed driver shall at all times have openly and
conspicuously exhibited in the cab his license and photograph.
The "taxi driver's license" provided for shall be in such form
as to contain the photograph and signature of the licensee. Any licensee
who willfully or maliciously defaces, damages or obliterates any official
entry made upon his license shall be subject to the penalty of revocation
of the license.
The "taxi owner's license" herein provided shall bear a number
and shall state the name of the person licensed; it shall briefly
describe the vehicle licensed and contain the motor vehicle license
number as well as the manufacturer's number of such motor vehicle.
The borough clerk shall keep a register of all licenses granted
under the provisions of this section, which register shall show the
character of the license, its number, date of issue, named person
licensed and any other information pertaining thereto; and he shall
keep all applications and upon those which may be granted he shall
endorse the number of the license issued.
The charge for carrying passengers shall not exceed the rates
set out in the application for the owner's license.
Every vehicle licensed shall have fastened in a conspicuous
place a printed card showing the rates provided for in the approved
application, in letters and figures of not less than one-half inch
in height, which card shall bear the license number of the vehicle
and also the name of the owner. Any fares charged in excess shall
constitute a violation of this section by the owner or operator or
both.
a.
Every holder of a "taxi driver's license" when driving or operating
any vehicle required to be licensed, shall have in his possession
the license issued to him.
b.
All vehicles required to be licensed, used or operated for the carrying
of passengers within the scope of this section shall be automobile
sedans with a minimum of three doors, at least two of the doors shall
be for the exclusive use of the passengers. The automobiles shall
at all times be clean and in good repair.
c.
Every driver of a taxicab shall when requested give a passenger a
receipt for the fare paid.
d.
The mayor and borough council shall make reasonable regulations respecting
the use of vehicles licensed; of public taxi stands; the number of
licensed vehicles which may stand in any one place at the same time;
for the inspection of drivers licensed and such other regulations
as may promote the public convenience and safety.
e.
No driver or other person interested in or connected with any vehicle
licensed shall solicit customers in a noisy or offensive manner, nor
at any place other than public taxi stands in any manner whatsoever.
f.
No driver of any licensed vehicle, which is disengaged shall refuse
to carry any orderly person upon the payment of the rate of fare.
g.
No driver of any vehicle licensed shall permit such vehicle, when
disengaged, to stand in any public street or place other than at a
public taxi stand, provided nothing shall prevent such driver from
waiting for a passenger in front of any building or place.
Public Taxi stands may be established at only such places as
may be from time to time designed by the mayor and borough council,
who may designate the character of vehicles which may stand at any
public taxi stands and may exclude all other vehicles from the stands.
The location and capacity of any taxi stands shall be indicated by
a sign substantially as follows:
"PUBLIC TAXI STAND, CAPACITY"
No other vehicle other than one licensed and prepared to accept
passengers upon request shall stand at any public taxi stand.
The mayor and borough council may suspend or revoke any license
issued for the violation of any of the provisions of this section,
or for the violation of any of the rules and regulations made, adopted
or promulgated by the mayor and borough council.
[Ord. #71]
The purpose of this section is to regulate the conduct of junk
yards which shall include junk shops, motor vehicle junk yards and
shops, and to impose license fees for revenue upon all persons engaged
therein.
It shall be unlawful for any person to perform any act included
within the provisions of this section without first obtaining a license
as provided for and paying the license fee prescribed.
Any person desiring a license shall file with the borough clerk
an application for a license for the conduct of any junk yard or shop
as provided in this section, which shall contain the following information:
a.
Name of applicant.
b.
Permanent residence address.
c.
The place or places of residence of the application for the preceding
three years.
d.
A description of the materials to be purchased or offered for sale.
e.
The number either of arrests or convictions for misdemeanors or crimes
and the nature of the offenses for which arrested or convicted.
f.
Place where business is to be conducted.
g.
Type of building or buildings to be used in the conduct of the business.
h.
Location and description of premises where business is to be conducted.
As used in this section:
a.
"Junk yard" and "Junk shop" shall mean and describe any business
or place of storage or deposit of two or more unregistered vehicles,
unfit for use for highway transportation; or where used parts of motor
vehicles or materials which have been parts of any motor vehicle;
or the place where junk of any kind or description may be maintained
or dealt in.
a.
Upon receipt by the borough clerk of any application for a license,
he shall make known the same to the mayor and borough council at the
next regular council meeting. The applicant for the license shall
cause notice of such application for the license to be published in
a newspaper published in the borough, such publication to be made
at least once a week, for two successive weeks. No license shall be
granted by the mayor and council of the borough until a public hearing
upon the application, which hearing shall take place not less than
two weeks and not more than four weeks from the filing and publication
of the application. No license shall be granted unless the mayor and
council shall after the hearing, find that no unreasonable depreciation
of surrounding property would ensue from the establishment or maintenance
of the business or businesses, and that the best interests of the
community requires the operation of the yard or business at the location
designated. The proximity of schools, churches, public highways, the
suitability of the applicant to receive the license, public convenience
and necessity and social desirability shall be taken into consideration
of the application.
b.
The license fee shall be the sum of $100 annually. The license shall
not be transferable from the person to whom issued to any other person
or from place to place. The license shall be conspicuously displayed
upon the premises for which the license is issued. The license shall
expire on December 31 of the year in which issued.
c.
No license for any junk yard shall be given or renewed unless the
junk yard is fenced in by a fence not less than six feet in height,
so as to conceal the junk in any yard. The fence shall be of wooden
construction and shall bear no advertising matter except the name
under which the business may be operated.
d.
No junk shall, at any time, be permitted upon any of the streets
or sidewalks of the borough.
A license may be revoked by the mayor and council by reason
of the violation of the terms of the license, the violation of any
municipal ordinance, State or Federal statute, or falsification in
applying for a license. Before revocation the licensed person may
be granted a hearing by the mayor and council, after two day's notice
and furnishing the person with a written statement of the charges
against him.
[Ord. #401]
a.
"Automatic amusement device" shall mean any machine which upon the
insertion of a coin, slug, token plate or disc, may be operated by
the public generally for use as a game, entertainment, or amusement,
whether or not registering a score, including but not limited to such
devices as marble machines, pinball machines, skill ball, mechanical
grab machines, and all games, operations or transactions similar thereto
under whatever name they may be indicated. It shall include video
type games or machines, or similar devices that use a display screen
for points, lines and dots of light that can be manipulated to simulate
games or other types of entertainment. It shall not include nor shall
this section apply to music playing devices.
b.
"Licensed premises" shall mean the entire premises including without
limitation, all buildings, auxiliary buildings, structures, appurtenant
structures, walks, alleys, drives and parking facilities owned or
controlled by the operator and/or owner/operator.
c.
"Operator" shall mean any natural person, partnership, firm, association,
corporation or any other business entity which owns or controls a
premises or a location within the Borough of Union Beach in which
any automatic amusement device is displayed for public patronage or
is placed or kept for operation by the public.
d.
"Net floor area", as defined in this section shall mean the gross
interior floor area of the licensee's premises less deduction for
counter space areas, storage areas, shelving areas, aisle areas, bathrooms,
areas of ingress or egress, office space and other areas which are
not intended or held out for public use. The building construction
official shall determine the net floor area in square feet in each
prospective licensed premises under this section.
The purpose of this section is to license, regulate and control
those automatic amusement devices which are operated for the purpose
of making a profit. The objective of this section is to regulate the
business of amusement devices so as to prevent nuisances to patrons
and the public, fire hazards from overcrowding, poor ingress and egress
at premises where amusement devices are located, the promotion of
gambling, loitering, or the creation of an unhealthy atmosphere for
the youth of the community or other foreseeable undesirable effects
of such devices.
No operator of automatic amusement devices shall operate or
cause to be operated any such device within the Borough of Union Beach
without first having obtained from the borough clerk a license so
to operate. Application for said license shall state the following:
a.
The name, date and place of birth, home address and business address,
home telephone number and business telephone number of the applicant,
and each of its stockholders, officers and directors holding in excess
of 10% of its stock.
b.
The name and address of the registered agent of the applicant or
person upon whom service of process is authorized to be made.
c.
The name, date and place of birth, home address and home telephone
number of the manager or other authorized agent of the applicant who
shall be in charge of or conduct the business of the applicant within
the Borough of Union Beach.
d.
Whether the applicant or any person connected with the operation
of the place wherein the automatic amusement device is to be installed
has ever been convicted of any crime or found guilty of the violation
of any ordinance or law pertaining to gambling or gaming.
e.
The type, manufacturer, serial number and precise location of each
amusement or entertainment machine or device sought to be operated.
f.
If the applicant is a corporation, there shall be included a corporate
resolution in proper form authorizing the execution of the license
application on behalf of the corporation.
g.
The application shall contain a certification under oath, made by
the applicant or its authorized representative that the information
contained in the application and all attachments thereto is complete,
accurate and truthful to the best of his knowledge and belief.
h.
The application must contain the total number of square feet to which
the applicant customarily invites or permits the public to occupy
and use excluding any area used for storage, office, kitchen, counter
space, walks, alleys, drives, parking facilities or such other areas
to which the public has no access.
i.
A sketch or plan of the proposed licensed premises shall be attached
to the application which shall show the proposed location of each
automatic amusement device.
j.
The application must be accompanied by a certification from the fire
department that the premises occupancy load has been calculated and
posted in accord with the BOCA Construction Code.
The chief of police or his designee may make an investigation
of the premises and the applicant to determine the truth of the facts
set forth in the application. The fire chief may inspect the premises
to determine whether said premises comply with existing fire regulations
of the borough. The chief of police and the fire chief may, upon completion
of their inspection, attach to said application their reports therein
in writing. Upon receipt of said application, and inspection reports,
if any, the borough clerk shall proceed to consider the same and shall
either approve or disapprove the issuance of the license of said applicant.
If the applicant is approved, the borough clerk shall issue the necessary
license upon the receipt of the license fee or fees as herein provided.
Upon making application for the license, each applicant shall
give in writing to the borough clerk the name and address of the person,
firm or corporation who owns the automatic amusement device set forth
in this section, and if during the term of the license, the ownership
of such licensed device be changed, the licensee shall forthwith furnish
the borough clerk with the name and address of the new owner.
Any person who shall knowingly permit a minor to play or operate
any of the machines or devices licensed under this section on premises
at which alcoholic beverages are sold shall be guilty of a violation
of this section and punishable therefore as herein provided.
There shall be permitted not more than one automatic amusement
device for each 25 square feet of net floor area as the same is defined
herein provided that under no circumstances shall the number of devices
permitted use in excess of 30% of the net floor area of the licensed
premises as defined herein. The building construction official shall
determine the maximum number of square feet in each prospective licensed
premises which is usable pursuant to this section.
A license fee of $50 per year shall be charged for each licensed automatic amusement device as defined in subsection 4-5.1, paragraph a. Said license fee shall be paid at the time when the application is made to the borough clerk.
Every license issued hereunder is subject to revocation by the
borough clerk should the licensed operator operate any automatic amusement
device contrary to the provisions of this section or any other law,
ordinance, rule or regulation. Any material misstatement or omission
in the license application or in any information submitted therewith
or the failure to notify in writing the borough clerk of any changes
by addition, deletion or amendment to the said application or information
during the term of any license or renewal, shall also constitute sufficient
ground for revocation of said license by the borough clerk.
If the Chief of the Union Beach Police Department shall have
probable cause to believe any automatic amusement device is being
used for gambling, such machine or device may be temporarily seized
by the police department and impounded, and may be considered as contraband
by law.
Each license used pursuant to this section shall be posted in
a conspicuous place at the location for which said license was granted.
The license shall contain the name and address of the licensee and
shall state the manufacturer, model number and serial number of the
device.
This section shall apply to each application for a license received after the effective date hereof, provided that the provisions of subsection 4-5.8 of this section regarding increased licensed fees, shall apply to said previously licensed machines, upon the renewal of said licenses. The provisions of Chapter 4, subsection 4-1.2, paragraphs d and e of the Revised General Ordinances shall remain in effect only insofar as they relate to amusement or game machines licensed thereunder prior to said effective date.
[Ord. #425]
Any applicant for a permit, license, approval or relief used
or usable in connection with a designated parcel of real property
located in the borough shall submit proof with such application that
all real estate taxes assessed against such real property have been
paid through the quarter in which the application is filed.
No permit, license, approval or relief used or usable in connection
with a designated parcel of real property located in the borough shall
be issued by any board, body, officer, or employee of the borough
unless all real estate taxes assessed against such real property have
been paid through the then current quarter.
[Ord. #698]
All businesses enumerated in N.J.S.A. 40:52-1 which are now
or hereinafter in existence in the borough shall be required to obtain
a mercantile license. In addition to the businesses so enumerated,
the rental of sleeping accommodations, including single and multifamily
dwellings as well as all other rental of real property shall constitute
a business within the intent of this section. (Nothing herein shall
be construed to permit the conducting of a business contrary to state
statutes, or local zoning or other ordinances.)
No person, firm, corporation, or other business entity shall
be permitted to conduct a business without first obtaining and thereafter
maintaining a current mercantile license. Where the operation of the
business is conducted by a lessee, both the owner/lessee and the operator/lessee,
shall be considered to be conducting a business and each shall be
required to obtain and maintain a current license.
The annual fee for a mercantile license shall be $5 and is due
upon commencement of the business and February 1 of each successive
calendar year for each year the business is conducted.
No person, firm, corporation, or other business entity shall
be permitted to conduct or cause to be operated, a business within
the Borough of Union Beach without first having obtained from the
borough clerk a mercantile license to so conduct or operate a business.
Application for said mercantile license shall state the following:
a.
The name, date and place of birth, home address and business address,
home telephone number and business telephone number of the applicant,
and each of its stockholders, officers and directors holding in excess
of 10% of its stock.
b.
The name and address of the registered agent of the applicant or
person upon whom service of process is authorized to be made.
c.
The name, date and place of birth, home address and home telephone
number of the manager or other authorized agent of the applicant who
shall be in charge of or conduct the business of the applicant within
the Borough of Union Beach.
d.
Whether the applicant or any person connected with the operation
of the place wherein the business is to be conducted or operated,
has ever been convicted of any crime or found guilty of the violation
of any ordinance or law.
e.
If the applicant is a corporation, there shall be included a corporate
resolution in proper form authorizing the execution of the mercantile
license application on behalf of the corporation.
f.
The application shall contain a certification under oath, made by
the applicant or its authorized representative that the information
contained in the application and all attachments thereto is complete,
accurate and truthful to the best of his or her knowledge and belief.
g.
A description of the business to be conducted.
h.
Place where business is to be conducted.
i.
Type of building or buildings to be used in the conduct of the business.
j.
Location and description of premises where business is to be conducted.
k.
The application must contain the total number of square feet to which
the applicant customarily invites or permits the public to occupy
and use excluding any area used for storage, office, kitchen, counter
space, walks, alleys, drives, parking facilities or such other areas
to which the public has no access.
l.
A sketch or plan of the proposed licensed premises shall be attached
to the application.
m.
The application must be accompanied by a certification from the fire
department that the premises occupancy load has been calculated and
posted in accord with the BOCA Construction Code.
A license may be revoked by the mayor and council by reason
of the violation of the terms of the license, the violation of any
municipal ordinance, state or federal statute, or falsification in
applying for license. Before revocation the licensed person may be
granted a hearing by the mayor and council, after two days' notice
and furnishing the person with a written statement of the charges
against him. A license may also be revoked or suspended when any licensee,
who is an owner of the property upon which the licensed business or
activity is conducted, has failed to pay the taxes due on the property
for at least three consecutive quarters. Upon payment of the delinquent
taxes or assessments, the license or permit shall be restored. The
provisions of this section shall not apply to or include any alcoholic
beverage license or permit issued pursuant to the "Alcoholic Beverage
Control Act," R.S. 33:1-1 et seq. (N.J.S.A. 40:52-1.2; L.1987, c.
174 § 1.)
Any applicant for a mercantile license, used or usable in connection
with a designated parcel of real property located in the borough,
who is an owner of said property, shall submit proof with such application
that all real estate taxes assessed against such real property have
been paid through the quarter in which the application is filed.
No mercantile license, used or usable in connection with a designated
parcel of real property located in the borough shall be issued to
an applicant who is an owner of said property by any board, body,
officer, or employee of the borough unless all real estate taxes assessed
against such real property have been paid through the then current
quarter.
Each mercantile license used pursuant to this section shall
be posted in a conspicuous place at the location for which said license
was granted. The license shall contain the name and address of the
licensee and the nature of the business being conducted or operated.
[Ord. #2003-26]
All applications for renewal of existing licenses under Chapter 4, General Licensing, shall be submitted on or before the last day of March of said calendar year, after which no further applications will be accepted for that year.
[Ord. #2004-44]
This section is intended to provide laws which will help to
insure that the massage business does not degenerate into prostitution.
As used in this section, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended:
Shall mean the board of health of the borough.
Shall mean the Borough of Union Beach.
Shall mean the operator, owner or manager of a massage establishment
and any person performing massages in the establishment.
Shall mean a treatment given by one person to another where
the first person manipulates or stimulates the soft tissues of the
second person by rubbing, stroking, kneading, vibrating or tapping
with the hand or by instrument.
Shall mean any place where a masseur gives massages for hire.
Where massages are given for hire in premises that are also devoted
to other uses, such as an exercise club, "massage establishment" shall
refer to that part of the premises used to give massages for hire.
Shall mean any person who gives massages for hire.
Shall mean the pubic region, human genitals, perineum, anal
region and female breasts.
It shall be unlawful for any person to operate, conduct, carry
on or maintain a massage establishment or to work as a masseur in
the borough without first obtaining a license from the borough.
Each applicant for a massage establishment license or for a
masseur's license shall:
a.
Be an individual at least 18 years of age.
b.
File an application with the borough clerk for a business license,
which application will provide the following information:
1.
Address and room number of the location of the massage establishment;
2.
Disclosure of all convictions of crimes and misdemeanors involving
moral turpitude within the past five years;
3.
Each application must be supported by a certificate from a licensed
physician certifying that the applicant shows no evidence of having
a communicable disease.
c.
Pay a nonrefundable application fee for the initial issuance of a
license pursuant to this section of $1,000 for a massage establishment
and $500 for a masseur.
d.
Each operator, manager, masseur or other employee of a massage establishment
must be fingerprinted and photographed by the Union Beach Police Department
in the case of an operator or manager before the issuance of a license
to open the massage establishment and in the case of a masseur or
other employee within one month of being hired.
e.
Each license issued pursuant to this section shall run for a period
consisting of the balance of the calendar year it was issued and the
immediately following calendar year. Renewals may be issued for each
additional calendar year upon the payment of a fee of $100 for a massage
establishment and $50 for a masseur. All renewal fees must be paid
by the end of March of the year for which the license is to be issued
or the license shall automatically lapse and expire. In such event
the applicant must file for a new license and pay the fees for a new
license as set forth above.
No license shall be issued for a massage establishment unless
the establishment's premises are sanitary enough to enable the business
to be conducted without endangering public health. Each application
for a massage establishment license shall be referred to the board
of health to determine whether the premises comply with this section.
A massage establishment license shall be issued if it appears
that the applicant will comply with this section and with all applicable
laws and ordinances. A masseur's license shall be issued if it appears
that the applicant will comply with this ordinance and with all applicable
laws and ordinances.
Each massage establishment, masseur and employee of a massage
establishment shall comply with the requirements of this section:
a.
No masseur shall administer, to any person of the opposite sex, a
massage, fomentation or bath.
b.
No masseur, massage establishment or employee thereof shall offer
to permit, or permit, any customer to administer any massage, fomentation
or bath to any person;
c.
No alcoholic beverage shall be served, stored or consumed on the
premises.
d.
No masseur shall intentionally touch or massage, or offer or agree
to touch or massage, any specific anatomical region of any customer.
e.
Each massage establishment shall provide to each customer clean,
sanitary and opaque coverings capable of covering the customer's specific
anatomical regions. Reuse of such covering is prohibited unless the
covering has been adequately cleaned. No massage shall be administered
unless the customer is covered by such covering of the specific anatomical
regions.
f.
With the exception of bathrooms and dressing rooms, no massage establishment,
masseur or employee shall permit any person within the massage establishment
unless the person's specific anatomical regions are covered. This
shall not be interpreted as prohibiting a customer from dressing or
undressing in any room with doors closed and with no means of seeing
into the room from outside, and in the presence of no person of the
opposite sex.
g.
Each masseur and each employee of each massage establishment shall,
while in the establishment during hours of operation, wear clothes
complying with this paragraph. Such clothes shall cover the person
from a point not to exceed four inches above the center of the kneecap
to the base of the neck, and shall be of opaque material.
Each licensed establishment shall keep its license on display
on the premises. Each masseur shall keep his license in his possession
or in his immediate presence, while on the premises of a massage establishment.
In addition to other penalties and remedies provided by law,
any massage establishment license or masseur's license may be revoked
by the mayor and council for violations of this section or for violation
of other laws and ordinances. Any person aggrieved by such a suspension
or revocation may appeal in the manner provided by state law and borough
ordinances for administrative appeals.
The provisions of this section shall not apply to the premises
of licensed physicians, chiropractors, other persons licensed to practice
the healing arts or to licensed hospitals.
[Ord. No. 2004-44, § 11]
Any violation of this section is declared to be a nuisance.
In addition to any other relief provided by this section, the borough
attorney may apply to a court of competent jurisdiction for an injunction
to prohibit the continuation of any violation of this section. Such
application for relief may include seeking a temporary restraining
order, preliminary injunction and permanent injunction.
[Ord. No. 2004-44, § 12; Ord. No. 2006-80]
The provisions of this section are severable. If any provision,
paragraph or subsection of this section be found unconstitutional
or invalid by a court of competent jurisdiction, the remaining provisions
of this section shall remain in full force and effect and shall have
continuing validity.
[Ord. No. 2009-136]
An applicant seeking a permit for a charitable clothing bin
shall comply in all respects with P.L. 2007, C. 209, N.J.S.A. 40:48-2.60
et seq. The application for a charitable clothing bin shall be filed
with the borough clerk of the Borough of Union Beach. The fee for
said application shall be $25. A charitable entity may request and
the borough council may determine that the application for a permit
for a charitable bin may be exempt from the payment of an application
fee.
[Ord. No. 2016-240]
As used in this chapter, the following terms shall have the
meanings indicated:
A current valid New Jersey driver's license or identification
card, a current valid photo driver's license issued by another U.S.
state, a valid United States passport, or other verifiable U.S. government
issued identification, which will be recorded on the receipt retained
by the dealer and subsequently forwarded to the local police department
or request.
Any person, partnership, limited-liability company, corporation,
or other entity who, either wholly or in part, engages in or operates
any of the following trades or businesses: the buying for purposes
of resale of precious metals, jewelry, or other secondhand goods as
defined herein; pawnbrokers as defined herein; itinerant businesses
as defined herein. For the purposes of this chapter, transient buyers,
as defined herein, are subject to the same licensing and reporting
requirements as any other dealers.
A dealer who conducts business intermittently within the
municipality or at varying locations.
The statutory officer whose duties are defined in N.J.S.A.
40A:9-133 and may refer to the duly appointed clerk of the "City,"
"Town," "Township," "Village" or "Borough."
Any person, partnership, association or corporation lending
money on deposit or pledge of personal property, other than choses
in action, securities, or printed evidences of indebtedness; purchasing
personal property on condition of selling it back at a stipulated
price; or doing business as furniture storage warehousemen and lending
money on goods, wares or merchandise pledged or deposited as collateral
security.
Gold, silver, platinum, palladium, and their alloys as defined
in N.J.S.A. 51:5-1 et seq. and 51:6-1 et seq.
Individuals and retail sellers, not to include wholesale
transactions or transactions between other merchants.
Every transaction conducted between a dealer and a member
of the public in which precious metals, jewelry, or any other secondhand
goods as defined herein are purchased or pawned.
Used goods such as antiques, gold, silver, platinum, or other
precious metals, jewelry, coins, gemstones, gift cards, any tools,
telephones, typewriters, word processors, GPS devices, computers,
computer hardware and software, television sets, radios, record or
stereo sets, electronic devices, musical instruments, sporting goods,
automotive equipment, collectibles, game cartridges, DVDs, CDs, and
other electronically recorded material, firearms, cameras and camera
equipment, video equipment, furniture, clothing, and other valuable
articles. For the purposes of this section, secondhand goods shall
not include goods transacted in the following manner: i) judicial
sales or sales by executors or administrators; ii) occasional or auction
sales of household goods sold from private homes; iii) auctions of
real estate; iv) the occasional sale, purchase, or exchange of coins
or stamps by a person at his permanent residence or in any municipally
owned building who is engaged in the hobby of collecting coins or
stamps and who does not solicit the sale, purchase, or exchange of
such coins or stamps to or from the general public by billboard, sign,
handbill, newspaper, magazine, radio, television, or other form of
printed or electronic advertising.
A member of the public who sells or pawns used goods such
as precious metal, jewelry, or other secondhand goods to a dealer.
A dealer, as defined herein, who has not been in a registered
retail business continuously for at least six months at any address
in the municipality where the dealer is required to register or who
intends to close out or discontinue all retail business within six
months.
[Ord. No. 2016-240]
a.
No person, partnership, limited-liability company, corporation, or
other entity shall engage in the business of buying, selling, or pawning
of precious metals or other secondhand goods, as defined above, within
the jurisdiction of the municipality, without having first obtained
a license therefor from the Municipal Clerk, which license shall bear
a number issued by the Municipal Clerk.
b.
The application for a license to the Municipal Clerk shall set forth
the name, date of birth, and address of the dealer, whether or not
he or she is a citizen of the United States, and whether or not he
or she has ever been convicted of any crime(s), disorderly persons
offense(s), or municipal ordinance violation(s), and the date(s) thereof.
c.
Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in subsection 4-11.1 above are being bought in any location within the municipality shall constitute engaging in business as a dealer of secondhand goods for purposes of this section. No person, partnership, limited-liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight-point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this chapter and shall be subject to the penalties established in subsections 4-11.5 and 4-11.8.
d.
Licensees may not operate at any location other than site specified in the license. Licensees operating at multiple locations must have each location separately licensed. Each location must be permanent. Itinerant businesses and transient buyers, as defined in subsection 4-11.1 above, are not eligible for licensure and are prohibited from operating in the Borough.
[Ord. No. 2016-240]
a.
Upon receipt of an application completed pursuant to this section,
the Municipal Clerk shall refer such application to the Chief of Police,
who shall make an investigation of the prospective licensee, pursuant
to this section for the purpose of determining the suitability of
the applicant for licensing. The investigation shall include, but
shall not be limited to, the following:
1.
The experience of the applicant in the business of purchase and sale of those articles or goods referred to in subsection 4-11.1 above, although nothing in this section shall be construed to warrant denial of a license solely on the basis of lack of experience.
2.
The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources, which sources shall be
disclosed to the applicant in the event of a denial of any license.
3.
Any criminal record of the applicant including any past convictions
for any crime(s), disorderly persons offense(s), or municipal ordinance
violation(s) within this or any other jurisdiction. The Chief of Police
shall, as part of the initial application process and annual renewals,
require fingerprint criminal background checks through the Federal
Bureau of Investigation, Criminal Justice Information Services Division,
for the applicant and all owners and employees, which may require
payment of additional fees by the applicant.
4.
The type of operation contemplated to be conducted by the applicant,
particularly whether the business is to be operated from a fixed location,
whether it is to be conducted from a location primarily devoted to
the purchase and sale of precious metal or other secondhand goods,
and other factors bearing on whether the licensed business will be
of a fixed and permanent nature.
b.
The Chief of Police shall complete any investigation pursuant to
this section within 30 days of the submission of the application to
the Municipal Clerk, fully completed by the applicant. If a criminal
record check has been requested within the thirty-day period and has
not been received by the Chief of Police within that period, the Chief
of Police may, if all other factors are satisfactory, recommend a
conditional issuance of the license subject to the finding regarding
criminal record.
c.
The Chief of Police shall, upon completion of the investigation,
recommend "grant" or "denial" of the license to the Municipal Clerk,
who shall grant or deny the license. Any recommendation of the Chief
of Police shall be in writing and, in the case of a recommendation
of denial, shall state fully and specifically the reasons for said
recommendation. If the Municipal Clerk accepts the recommendation
of the Chief of Police to deny any license, the applicant shall be
notified in writing within 10 days of such denial and the Clerk shall
forward to the applicant a statement of the reason or reasons for
such denial.
d.
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in subsection 4-11.4, the retention and inspection requirements of subsection 4-11.5, or any other portion of this section. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by subsection 4-11.6 of this section.
e.
Whenever any application for a permit is denied, the applicant shall
be entitled to a hearing before the Borough Attorney or one of the
Assistant Borough Attorneys in the Division of Law, or another official
designated by the Borough Attorney, at which time the applicant shall
be permitted to introduce such evidence as may be deemed relevant
to such denial. Any applicant exercising the right to appeal must
file a written notice of appeal within 10 days of receiving written
notice of denial of a license to act as a dealer of secondhand goods.
f.
No license shall be assignable by the dealer.
[Ord. No. 2016-240]
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
a.
Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in subsection 4-11.1.
b.
Require each seller to execute a "declaration of ownership," which
shall contain the following certification: "My signature confirms
that I am the sole legal owner of and am legally authorized to sell
the goods being sold. By signing below I certify that I did not obtain
and do not possess the identified goods through unlawful means. I
am the full age of 18 years and the identification presented is valid
and correct."
c.
Record and issue to each person selling or pawning such goods on
a sequentially numbered receipt:
1.
The name, address, and telephone number of the purchaser, including
the clerk or employee of the licensee making the purchase;
2.
The name, address, date of birth, and telephone number of the seller
or sellers;
3.
A photographed recording of the seller in a format acceptable to
the Chief of Police, along with a physical description of the seller,
including height and weight (approximate), hair color, eye color,
facial hair, if any, etc.;
4.
A photographed recording of the seller's presented acceptable identification, as set forth in subsection 4-11.1, in a format acceptable by the Chief of Police;
5.
A photographed recording of all items sold in a format acceptable
by the Chief of Police. When photographing, all items must be positioned
in a manner that makes them readily and easily identifiable. Items
should not be grouped together when photographing or imaging. Each
item should have its own photograph;
6.
The receipt number;
7.
A detailed, legible description of the item(s) and the manufacturer
and model of the item(s) if known; in the case of jewelry, the descriptions
must include style, length, color, design, and stones, if any; any
identifying marks, including numbers, dates, sizes, shapes, initials,
names, monograms, social security numbers engraved thereon, serial
numbers, series numbers, or any other information, which sets apart
the particular object from others of like kind;
8.
The price paid for the purchase or pawn of the item(s);
9.
If precious metals, the net weight in terms of pounds Troy, pennyweight
(Troy) or kilograms/grams; fineness in terms of karats for gold, and
sterling or coin for silver, in accordance with N.J.S.A. 51:5-1 and
51:6-1 et seq.;
10.
The time and date of the transaction.
d.
The information outlined in paragraph c above must additionally be
electronically documented through the use of an electronic database
system authorized by the Chief of Police. Installation and training
in this software will be made mandatory as of the effective date of
this section and licensing will be conditional upon compliance with
proper use of the system as described herein. These records shall
be subject to the inspection of any authorized police officer or any
sworn law enforcement officer acting in the performance of his or
her duty as set forth in paragraph f below. Through the use of applicably
required computer equipment, and using the electronic format approved
by the Chief of Police, every dealer shall enter all reportable transactions
into the electronic database by the end of the close of business on
the same date as the purchase or receipt of property for pawn or consignment.
The information entered must contain all pertinent information outlined
in paragraph c above.[1]
e.
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in paragraph c above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in subsection 4-11.5.
f.
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of precious metals or other secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in subsection 4-11.5.
[Ord. No. 2016-240]
a.
All precious metals, jewelry, and other secondhand goods purchased, received for pawn, or received for consignment as described above, are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least 15 calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in subsection 4-11.4b. All precious metal or other secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the fifteen-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are being held.
b.
Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by subsection 4-11.4b. upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c.
In addition to all other reporting requirements, every dealer shall maintain, for at least five years, a paper record of all purchases of precious metals and other secondhand goods in the form prescribed in subsection 4-11.4c.
d.
No dealer shall purchase any item covered by this section from any
person under the age of 18 or in the absence of providing prior notification
of such purchase to the Chief of Police or business designee identifying
the individual from whom such purchase is to be made and the item
to be purchased.
e.
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate thereunder. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to subsection 4-11.8 of this section.
1.
Grounds for Suspension. The following shall constitute grounds for
suspension: violation of any provisions of this section, including
failure to comply with any training or fees associated with the electronic
database software system in use by the municipality; violation of
any other statute, regulation, or local ordinance; or any other illegal,
improper, or fraudulent activity.
2.
Procedure for Suspension. Upon determination that appropriate grounds
exist and that a suspension is warranted, the Chief of Police or a
designee thereof shall issue a written notice of suspension of license
to the offending dealer and to the Municipal Clerk, which shall set
forth the grounds for the suspension and notify the dealer of his
or her right to appeal pursuant to paragraph g. A temporary suspension
shall issue immediately, pending the outcome of any appeal taken.
Suspended dealers must immediately cease engaging in the business
of purchasing for resale, receiving for pawn, and/or selling of precious
metals and/or other secondhand goods in the municipality until reinstatement.
3.
Reinstatement. Suspended dealers may be reinstated only when the
grounds leading to the suspension have, in the determination of the
Borough Attorney, Assistant Borough Attorney, or other official designated
by the Borough Attorney to review the grounds for suspension, been
cured, corrected, or appropriately rectified.
f.
Revocation. A license issued under this section may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or the Chief's designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this section. This penalty shall be in addition to any fines and penalties the dealer may incur under subsection 4-11.8.
1.
Grounds for Revocation. The following shall constitute grounds for
revocation: a third violation under this section; a second violation
under this section less than one year after an earlier violation under
this section; conviction for a criminal offense within this or any
jurisdiction; or multiple violations of any other regulations or local
ordinances within this or any jurisdiction.
2.
Procedure for Revocation. Upon a determination that appropriate grounds
exist and that a revocation is warranted, the Chief of Police or the
Chief's designee shall so report to the Municipal Clerk in writing.
A temporary suspension will immediately and automatically issue, if
one is not already in effect, pending the outcome of the charge. The
Borough Attorney, Assistant Borough Attorney, or other official designated
by the Borough Attorney, shall review the stated grounds for revocation
and shall issue an appropriate disposition of either suspension, revocation,
or reinstatement. If it is determined that revocation is the appropriate
disposition, the grounds therefor shall be set forth in writing in
the form of a notice of revocation, which shall be provided to the
dealer. The notice shall advise the dealer of the right to appeal.
If determined that suspension is the appropriate disposition, the
dealer shall be so notified in writing and shall be advised of the
right to appeal.
Following revocation, the dealer must relinquish his or her
license and must immediately and indefinitely cease operating as a
dealer of precious metals or other secondhand goods within the municipality.
g.
Appeal. Any applicant wishing to appeal a suspension or revocation shall be entitled to a hearing as provided in subsection 4-11.3e. Any applicant exercising the right to appeal must file a written notice of appeal within 10 days of receiving written notice of revocation or suspension of license.
h.
A dealer shall have the right to change the location of the licensed
business, provided that he or she notifies the Municipal Clerk, in
writing, of the street address of said new location.
[Ord. No. 2016-240]
Each dealer covered under this section shall deliver a bond
to the Municipal Clerk executed by the applicant as principal and
executed by a surety company authorized to do business under the laws
of the State of New Jersey as surety. The bond shall be subject to
review and approval by the Municipal Attorney, as defined in N.J.S.A.
40A:9-139, and shall be in the penal sum of $10,000, conditioned for
the due and proper observance of and compliance with the provisions
and requirements of all ordinances of the municipality in force or
which may be adopted respecting the conduct of this business and conditioned
also that the bond shall be and remain for the benefit of any person
or persons who shall have received judgment against the dealer licensed
under this section, which damage shall be established by a judgment
of a court of proper jurisdiction. Said bond shall contain the following
language: "The obligation of this bond shall, in addition to the Borough
of Union Beach be and remain for the benefit of any person who shall
obtain a judgment against obligor as a result of damage sustained
in operation pursuant to any license granted under this section."
Said bond shall be kept for a minimum of one year from the date of
issuance of license and must be renewed annually along with the license.
[Ord. No. 2016-240]
a.
A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this section, is $200. The annual renewal fee for a license is $100. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by subsection 4-11.4d. Payments are to be made in the manner directed by the Municipal Clerk.
b.
Licenses issued pursuant to this section are valid for one year,
from January 1 through December 31. Initial applications and applications
for renewal must be submitted no later than October 1.
[Ord. No. 2016-240[1]]
Violation of any provision of this section by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in subsection 4-11.5e and f. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in subsection 4-11.5f. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section.
[1]
NOTE: Ord. No. 2016-240 provides that nothing contained in
this section is intended to replace any preexisting statutory requirements
governing pawnbrokers, as in N.J.S.A. 45:22-1 et seq., the sale of
precious metals as in N.J.S.A. 51:6A-1 et seq., the sale of secondhand
jewelry as in N.J.S.A. 2C:21-36 et seq., or any other statutory provision
regarding any subject matter discussed herein.
[Added 4-20-2023 by Ord.
No. 2023-325]
Pursuant to New Jersey Law, all business owners and rental unit
owners, including owners of a multifamily home of four or fewer units,
one of which is owner occupied, shall register a certificate of insurance
as required by statute in the office of the Municipal Clerk on an
annual basis, which office shall maintain a registry of certificates
of insurance filed with it, and each registration shall be accompanied
by payment of $25 as an administrative fee for such registration payable
to the Borough of Union Beach.
[Added 4-20-2023 by Ord.
No. 2023-325]
The required annual registration is effective for the calendar
year 2023 with initial registrations due by June 30, 2023, and subsequent
year registrations due by March 1 of each year. If the registered
insurance policies renew during the calendar year after the annual
registration, the registrant is required to provide the new certificates
of insurance to the municipality upon renewal.
[Added 4-20-2023 by Ord.
No. 2023-325]
Any owner who fails to comply with the provisions of this section
shall be subject to a fine of not less than $500 but no more than
$5,000.
