Borough of West Cape May, NJ
Cape May County
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Table of Contents
Table of Contents
[Ord. No. 98-86 § 1]
No person shall engage in or carry on any business or trade in the Borough of West Cape May nor sell any goods or property without first obtaining a mercantile license pursuant to this section.
[Ord. No. 98-86 § 2; Ord. No. 145-89 § 2]
Written application for a mercantile license shall be submitted to the Borough Clerk and shall contain all of the information requested on the application form. The Borough Clerk, upon receipt of a complete application form, shall promptly forward copies of the complete application form to the Borough Health Officer, Tax Assessor, Tax Collector, Construction Code Official, Police Department, and Water and Sewer Clerk for their review. The Tax Collector and the Water and Sewer Clerk shall notify the Borough Clerk of the current status of the real estate taxes, water and sewage charges, if any, on the property where the business is located. No mercantile license shall be issued unless all real estate taxes, water and sewer charges for the property on which the business is located are current as of the date of the application. The Borough Clerk shall issue or disapprove each mercantile license application within 15 days of the date a complete application is filed. The annual mercantile license fee required pursuant to this section shall be submitted at the time the application form is filed with the Borough Clerk.
[Ord. No. 98-86 § 3]
Each mercantile license shall be effective for a period of 12 months from July 1 until June 30 of the following year. Annual renewals of mercantile licenses previously issued shall not require submission of a new application form but shall be effectuated by payment of the annual license fee by June 15 of each year. All new business operations first commencing between July 1 and December 31 of any year shall be required to pay the full annual license fee. All new business operations first commencing between January 1 and June 30 of any year shall be required to pay 1/2 of the annual license fee.
[Ord. No. 98-86 § 4]
No mercantile license shall be transferable from one person to another or from one location to another.
[Ord. No. 98-86 § 5; Ord. No. 269-99 § 2; Ord. No. 391-07]
The annual mercantile license fees of the Borough of West Cape May pursuant to this subsection for the conduct or operation of any business within the Borough of West Cape May are as follows:
Business
Discounted Rate Paid Prior to July 1st
Rate Paid On or After July 1st
Apartment, per unit
$50.00
$100.00
Automobile repair and service
$150.00
$300.00
Condominium unit, per unit
$50.00
$100.00
Duplex house, per unit
$50.00
$100.00
Landlord for retail store
$75.00
$150.00
Laundries and Laundromats
$35.00
$70.00
Machines, soda, paper, vending, per machine
$35.00
$70.00
Petroleum product dealers
$200.00
$400.00
Publishers and printers
$200.00
$400.00
Restaurants (floor plan showing seating capacity), per seat
$7.00
$14.00
Retail sales
1,000 sq. ft. of store area or less
$125.00
$250.00
1,000 sq. ft. of store area or more
$175.00
$350.00
Rooming house, guest house—number of rooms rented and hotel/motel, per unit
$50.00
$100.00
Single family residential house, per unit
$50.00
$100.00
All other businesses not specifically enumerated herein.
$150.00
$300.00
[Ord. No. 98-86 § 6]
Each person conducting more than one business at the same location shall be required to obtain a separate mercantile license for each such business.
[Ord. No. 98-86 § 7]
All mercantile licenses issued pursuant to this section shall be displayed prominently at the principal location of the particular business in a manner so as to be readily visible to the public.
[Ord. No. 98-86 § 8]
Any business or business activity which is conducted or operated exclusively for religious, charitable, educational or other beneficial non-profit purposes may make application to the Board of Commissioners for exemption from this licensing section which such exemption shall be granted upon presentation of sufficient proof with the provisions of this subsection.
[Ord. No. 98-86 § 9]
Each license issued pursuant to this section may be revoked or not renewed by the Board of Commissioners upon a determination that the licensee is in violation of any Borough ordinance, ordinance of the Board of Health, or any other law regulating the safety or lawful conduct of the particular business. Before any license shall be revoked or not renewed, the licensee shall be given written notice thereof specifying the reason or reasons for the proposed action and the licensee shall also be offered the right to a hearing before the Board of Commissioners.
[Ord. No. 98-86 § 10]
Nothing herein shall be deemed applicable to those persons who operate a business which is exclusively regulated by either the State or Federal government and who conduct their business pursuant to such license or licenses issued by the State or Federal government.
[Ord. No. 98-86 § 11]
Any person who violates any provision of this section shall be subject, upon conviction, to the penalty stated in Chapter 1, § 1-5 for each day a violation of this section occurred.
[Ord. No. 124-87 § 1]
A license issued by the Board of Commissioners shall be required for all non-motorized tour operators whose operations originate in the Borough of West Cape May. No person shall conduct or operate any non-motorized tour operation operating in the Borough without having first obtained the license required by this section.
[Ord. No. 124-87 § 2]
Application for such license shall be made to the Borough Clerk on forms prescribed by the Borough Clerk and setting forth the information requested. Such information shall include, but shall not be limited to the following: name and address of operator, nature and scope of proposed operations, hours of operation, equipment and personnel to be used, proof of sufficient public liability insurance and points of origination and destination showing routes to be traversed.
[Ord. No. 124-87 § 3]
The Board of Commissioners shall, within 30 days of the receipt of a completed application, either grant or reject the license sought by the applicant. Licenses may be rejected if the applicant does not meet all applicable health and safety laws, or the proposed operations are deemed to be detrimental to the health, safety and welfare of the residents of the Borough.
[Ord. No. 124-87 § 4]
The annual fee for each license shall be $150 and such fee shall be tendered at the time the license application is submitted.
[Ord. No. 124-87 § 5]
Each license shall be for a period of one year commencing March 1st and ending on February 28th of the following year. The annual license fee shall not be prorated for any operators who obtain their licenses subsequent to March 1st. Licenses shall not be renewed merely upon payment of the required annual fee but a new application shall be submitted for each year.
[Ord. No. 124-87 § 6]
No license shall be actually issued by the Borough Clerk until such time as the licensee has delivered to the Borough Clerk a copy of the policy or policies of public liability insurance maintained together with proof of payment for such insurance during the term of the license. Any prospective licensee whose public liability insurance does not extend through the term of the license shall only be issued a license for the term of such public liability insurance but such license may be extended by the Borough Clerk for the balance of the term of the license upon presentation of proof of public liability insurance for this term. Each such prospective licensee shall also deliver to the Borough Clerk at the time of presentation of his or her policy or policies of public liability insurance a form authorizing the insurance company or companies issuing the public liability insurance to notify the Borough Clerk in the event of any cancellation of such insurance or reduction in the coverage stated in the policy or policies.
[Ord. No. 124-87 § 7]
No licensee shall operate between the hours of 12:00 midnight and 9:00 a.m.
[Ord. No. 124-87 § 8]
No licensee shall operate except on those routes expressly approved by the Board of Commissioners in the resolution granting the license. No licensee shall operate over his or her approved routes during those hours expressly prohibited in the resolution granting the license. No licensee shall pick up or discharge passengers or have an origination point or destination point other than as specifically set forth in the resolution granting the license.
[Ord. No. 124-87 § 9]
The Board of Commissioners may, by resolution, establish particular origination and destination points on the side of public streets for the operations of licensees which shall then be reserved exclusively for such operations during the term of the license. Appropriate signs shall be erected identifying and delineating such areas, the nature of which shall be determined by the Board of Commissioners and the cost of which shall be born by the licensee. The Board of Commissioners may delete or modify any such areas of origination points or destination points upon a determination that such areas are detrimental to the public health, safety or welfare of the residents of the Borough.
[Ord. No. 124-87 § 10]
Each licensee shall be responsible for compliance with all other applicable laws pertaining to his or her operations at anytime.
[Ord. No. 124-87 § 11]
The Board of Commissioners may, after due notice to the licensee and an opportunity for a hearing, revoke any license issued pursuant to this section for any violation of this section or any other law applicable to the licensee's operation, lapse of insurance coverage or a determination that the licensee's actual operations are detrimental to the health, safety or welfare of the residents of the Borough.
[Ord. No. 124-87 § 12]
Any person found guilty of violating any provision of this section shall be liable to the penalty stated in Chapter 1, § 1-5. Each day any such violation occurs shall be deemed to be a separate offense.
[1]
Editor's Note: History includes Ord. No. 99-86 regarding Contractor's License which was repealed by Ord. No. 532-2018
[Ord. No. 259-98 § 2; amended 11-13-2019 by Ord. No. 572-19]
A license issued by the Board of Commissioners shall be required to erect a tent on any commercial premises in the Borough of West Cape May. A tent license shall be established by resolution of the Board of Commissioners. Payment in full of said fee shall be made with the license application and shall not be refundable. Said fee shall be $100. For purposes of this section, a "tent" shall be defined as any portable shelter with a canopy-type roof with a height, width, or length exceeding 30 feet.
[Ord. No. 259-98 § 2]
A tent license shall not be required for any religious, charitable, not for profit corporation, nonprofit corporation or organization or residential property owner.
[1]
Editor's Note: Former § 4-4.3, Number of Licenses Permitted, Ord. No. 259-98 § 2, was repealed 11-13-2019 by Ord. No. 572-19.
[Ord. No. 259-98 § 2; amended 11-13-2019 by Ord. No. 572-19]
Each license may allow the use of a tent in connection with a special event for a time period not to exceed 72 hours, unless approval is obtained from the Commission upon application for good cause. Said license shall allow the use of the tent for the special event for which the tent is erected for the time period of 9:00 a.m. to 10:00 p.m. No activity shall be permitted within a tent beyond 10:00 p.m.
[Ord. No. 259-98 § 2]
As the use of a tent is hereby limited and restricted, it shall be deemed that the use is not permanent, and the site plan and zoning regulations otherwise applicable to an outdoor commercial use shall not apply.
[Ord. No. 259-98 § 2]
Any person whose application for a tent license has been denied, or whose license has been revoked may appeal to the Board of Commissioners.
[Ord. No. 259-98 § 2]
Violation of any provision of this section shall be punishable upon conviction by a fine not to exceed $1,000 and/or a term of imprisonment not to exceed 90 days. Each and every day that a violation exists shall constitute a separate violation. Additionally, the tent license may be revoked if it is determined that the use of the tent constitutes a danger to the health and safety of the owner or the general public, such use also being declared relative of this section.
[Ord. No. 408-08 Preamble]
In accordance with N.J.A.C. 8:24-1 et seq., Bed and Breakfast Guesthouses and Bed and Breakfast Homestays are no longer defined as retail food establishments.
This change in definition eliminates the State of New Jersey requirement that Bed and Breakfast Guesthouses and Bed and Breakfast Homestays shall be inspected by the Cape May County Health Department.
The Cape May County Health Department is willing to continue to conduct inspections of the Bed and Breakfast Guesthouses and Bed and Breakfast Homestays.
The Cape May County Health Department requires the Board of Commissioners of the Borough of West Cape May to adopt an ordinance authorizing the continued inspections of Bed and Breakfast Guesthouses and Bed and Breakfast Homestays.
The Borough Commission has determined that it is in the best interest of its residents, citizens and visitors to authorize and request the Cape May County Health Department to continue to conduct the inspections of Bed and Breakfast Guesthouses and Bed and Breakfast Homestays on behalf of the Borough of West Cape May.
[Ord. No. 408-08 § 1]
The Cape May County Department of Health shall conduct inspections of Bed and Breakfast Guesthouses and Bed and Breakfast Homestays in the Borough of West Cape May.
[Ord. No. 408-08 § 2]
In conducting those inspections, the Cape May County Department of Health shall enforce all applicable health laws, regulations and ordinances.
[Ord. No. 408-08 § 3]
BED AND BREAKFAST
Shall have that meaning as set forth in N.J.A.C. 5:70.1.5.
BED AND BREAKFAST GUESTHOUSE
Shall mean a bed and breakfast designed to accommodate at least six guests, but not more than 25 guests. It is owner-occupied and prepares and offers food to guests. Breakfast is the only meal offered.
BED AND BREAKFAST HOMESTAY
Shall mean a bed and breakfast designed to accommodate five or fewer guests. It is owner occupied and prepares and offers food to guests. Breakfast is the only meal offered.
[Added 12-11-2019 by Ord. No. 574-19]
For the purposes of this section, "special event" shall mean any exhibition, show, athletic contest, running race, bike-a-thon, block party, parade, entertainment or other similar event sponsored by an organized group having a similar or common purpose or goal, occurring on or proceeding along a public street, other public right-of-way, or public property within the Borough.
An application for a permit to conduct a special event shall be made to the Borough Clerk in writing by the person, persons or organization sponsoring said event. The applicant shall pay an application fee in the amount of $125, unless the Borough waives the fee for the good cause. Such application shall provide the following information:
a. 
The name, address and telephone number of the person requesting the permit and the organization or group.
b. 
The purpose of the event.
c. 
The estimated number of persons to participate in and attend the event.
d. 
The number and type of vehicles, if any, to participate.
e. 
The date and time of the event including any setup or cleanup period.
f. 
The location where the event is to be held, including the specific assembly and dispersal locations and the specific route and the plans for assembly and dispersal of the participants.
g. 
Whether or not any music or other amplified sound will be provided including the location and types of all loudspeakers and amplifying devices to be used.
h. 
Whether any admission or participation fee will be charged for the event and the amounts thereof.
i. 
The number and type of any vendors accepted for participation in the event including information regarding the method of application, identification, documentation and approval of such participants. A complete listing of vendors approved for participation in the event shall be provided to the Borough not less than 10 days prior to the event.
j. 
The attachment of any other required licenses or permits where appropriate.
k. 
The type, size, description, and location of any signs to be erected in connection with the event.
l. 
Proof of liability insurance coverage to the Borough in the minimum amounts of $1,000,000 for any and all damages. The insurance shall cover the entire period of the event including the setup and cleanup periods. The Borough of West Cape May shall be named on the policy as additional insured. The holder of a special events permit shall agree in writing to indemnify and hold harmless the Borough of West Cape May, its servants, agents and employees, for any and all claims caused by or arising out of the activity covered in such permit. The indemnification hereunder shall be the broadest possible permitted by the laws of the State of New Jersey. In the event of a claim, demand, presentation or suit against the Borough, the holder of the special event permit shall save and hold harmless the Borough, and shall, at its expense, defend the Borough.
m. 
Any further information that officials of the Borough determine to be necessary to properly provide for traffic control, crowd control and protection of the general public health, safety and welfare.
The application for a special event shall be reviewed by the Borough Clerk for compliance with this section and reviewed for approval by resolution by the Commissioners of the Borough of West Cape May. In approving or denying the permit, the Commissioners will take into consideration any other ordinances, community standards, scheduling conflicts, special services required, and any further information required to protect the health, safety, and general welfare. Approval or denial of such permit shall be made within 30 days of receipt of a complete application by the Borough. The permit may be approved with special conditions placed on the applicant if warranted. The permit is contingent on the possession of any other permits or licenses required by local or state laws and regulations.
Applications for such special event permits should be made to the Borough Clerk not less than 30 days in advance of the date on which said special event is sought to be held.
Any signs erected in connection with a properly approved special event shall be removed within 24 hours of the conclusion of the event.
Any permit issued under this section may contain conditions reasonably calculated to reduce or minimize dangers to vehicular or pedestrian traffic and the public health, safety and welfare including but not limited to changes in the date, time, duration or number of participants or attendees as requested by the applicant. Further, for the purposes of public safety and welfare, the Director of Public Safety and/or Police Department may direct and order the temporary closing of streets and/or the temporary prohibition of parking along such streets during the event, and shall direct the posting of proper warning signs in connection with said event, as provided by law.
A special event permit shall be valid for the applicant thereof only and shall not be transferable to any other individual, corporation, group or organization.
If it is determined by the appropriate officials of the Borough that additional materials or personnel costs shall be required for the purpose of maintaining the general health, safety and welfare of attendees or participants in the special event, or the community in general, the Borough reserves the right to require reimbursement of such costs. If reimbursement is required, the holder of the permit shall deposit with the Director of Finance a sum of money to be determined by the Borough to be a reasonable estimate of the costs required. The Director of Financial Management will make the determination when said deposit is required. After the conduct of the special event the holder of the permit shall be required to pay the Borough any additional amount determined to be due in reimbursement of the Borough's costs within 30 days. In the event that the sum of money so deposited in advance exceeds the funds needed, the Borough shall refund any excess deposit within 30 days after the holding of said special event. Services and Borough personnel covered by this section shall include but not be limited to additional police, fire, rescue squad, public works and community service personnel.
Any person, firm, corporation, partnership or other entity violating the provision of this section shall be subject to a fine not to exceed $500 and/or imprisonment not to exceed 30 days.